[blindlaw] ten most expensive discrimination suits of 2013

[Daniel McBride]

List mates & Colleagues:

 

I thought you might find the article below interesting.  Of course, it is
obviously lacking a discrimination suit involving blind persons.  At least
the hearing impaired made the list.

 

I am uncertain what the moral of this story is.  It would seem that, if you
wish to succeed in a suit alleging some form of discrimination, you best be
a sighted person who is female and belonging to a racial class other than
Caucasian.

 

I found #5 the most interesting entry.

 

Daniel McBride

Attorney at Law

Fort Worth

 

>From Inside Counsel Magazine

Article by Chris DiMarcoJuly 8, 2014

 

Privately initiated discrimination lawsuits are not uncommon in the United
States, and while they were down year-over-year, the number of filings in
2013 was still significant and costly for businesses.  According to Seyferth
Shaw LLP's
<http://www.workplaceclassaction.com/2014/01/its-here-the-2014-workplace-cla
ss-action-litigation-report/> 2014 Workplace Class Action Litigation Report
there were 12,311 discrimination class action lawsuits filed in 2013,
dipping from 14,260 in 2012. As a result of the astronomical costs and
potential bad press associated with litigation, many of these cases were
settled out of court. And in 2013, the cost of the 10 most expensive
settlements totaled over $638 million. With money like that on the line, the
roster is a great indicator of what companies will want to ensure their
policies prevent against. Let's see how that breaks out.

 

*1. $160 million - McReynolds, et al. v. Merrill Lynch & Co.

The largest settlement of 2013 has its roots eight years earlier, when in
2005, broker George McReynolds accused Merrill Lynch & Co. of giving white
brokers more lucrative accounts while denying black employees equal pay and
career advancement opportunities. McReynolds filed a lawsuit on behalf of
700 black brokers who worked for Merrill. Before the suit was settled out of
court in August, it had seen two appeals in the Supreme Court and survived
Merrill Lynch's acquisition by Bank of America in 2009.

2. $39 million - Calibuso, et al. v. Bank Of America

In 2010 a group of female advisors lead by Judy Calibuso at the newly
acquired Merrill Lynch unit of Bank of America (BoA) filed suit for what
they alleged was systematic discrimination. The plaintiff's contended that
policies and practices at their workplaces were designed to pass over women
for business opportunities and advancements. In addition to the money paid
to the class, BoA was also ordered to have its programs reviewed by an
independent consultant for three years. The settlement was finalized in
December.

 

3. $8 million - Ellis, et al. v. Costco Wholesale Corp.

A testament to the length of time it can take for a class action lawsuit to
work itself from certification to resolution, Costco's big settlement case
last year took over a decade to complete. An initial complaint about the way
Costco selected potential managers and allegedly discouraged females from
applying was filed in 2002, the actual suit was filed in 2004, and the class
was not certified until September 2012. In December, the settlement, which
was intended for those who had been affected by the alleged discriminatory
practices was finalized. Costco also promised to reform its internal hiring
process.

4. $7.5 million - Cogdell, et al. v. The Wet Seal Inc

Following an
<http://www.insidecounsel.com/2014/06/26/eeoc-has-its-eye-on-unconscious-bia
ses-against-wom> Equal Employment Opportunity Commission investigation in
2012, which found evidence that executive management had sought to maintain
the "the Armani look" (code for blonde and blue-eyed) for its store, the
company quickly opted to settle in the class action discrimination case.
The lawsuit alleged that the company had gone out of its way to fire black
store managers in an attempt to maintain that image. The company called the
settlement a "no fault resolution" but promised to evaluate it position as a
result.

 

5. $6 million - Carr, et al. v. City Of Los Angeles

Following a dispute with his wife in 2002, Phillip Carr, a Los Angeles
police officer, was
<http://scholar.google.com/scholar_case?case=7234071992382942545&hl=en&as_sd
t=6&as_vis=1&oi=scholarr> suspended on domestic violence charges. Carr's
wife was also employed by the city of Los Angeles, which Carr contends
impacted the punishment he received following the incident. Carr alleged
that the way the case was handled deprived him of his constitutional rights
of cross-examination and confrontation. He also argued the punishment was
time-barred.  In April of 2013, he settled with the city.

6. $4.5 million - Hubbard, et al. v. U.S. Postal Service

Disability
<http://www.insidecounsel.com/2014/06/27/labor-employment-digest-july-2014>
discrimination is a growing area of litigation risk, and perhaps as a sign
of the times this case revolved around the accommodations afforded to deaf
and hard-of-hearing workers of the United States Postal Service. The suit
alleged that workers with hearing problems were not provided with
technologies and services that would have helped them perform their duties,
and that they were frequently subject to scrutiny from other workers at the
postal service. The case was settled in July of 2013

 

7.  $3.7 million - Vasich, et al. v. City Of Chicago

Firefighters need to be physically fit to do their jobs, however this
lawsuit alleged that the test was designed more as an opportunity for the
Chicago Fire Department to discourage potential female firefighters rather
than find new recruits. The suit alleged that the test discriminated against
women and was unlawful because it was not related to job performance or
predictive of who would succeed as a firefighter. The city settled with the
class in December after two years in court.

8.  $3.1 million - Easterling, et al. v. State Of Connecticut, Department Of
Correction

Similar to the Chicago case, this suit alleged that the physical fitness
test composed of a 1.5 mile run required by the Connecticut Department of
Corrections was not a business need, and that it discriminated against
female candidates. As a result over 200 women who applied for a Correction
Officer position in 2004 through 2006, were certified for the class. The
settlement was finalized in July.

 

9. $1.3 million - Monroe, et al. v. City Of New York

Another
<http://www.insidecounsel.com/2014/06/17/muslim-job-applicants-apparently-ex
perience-more-d> lawsuit involving allegations of sexual discrimination
against a fire department, in 2006 five ranking female officers alleged that
they had been passed over for advancement because they were women. Settled
in June, the women alleged that despite their outstanding service records
they lost promotions to other less qualified candidates that were men. They
also accused the Fire Department of New York of posting jobs where they were
not widely available for internal candidates to see, discouraging
application.

10. $1 million - Bradley v. City Of Richmond

Brought by eight African-American pipe fitters employed by the City of
Richmond, Va., this suit contended that the public utilities department had
categorically discriminated, harassed and retaliated against the workers.
An investigation by the human resources department released five months
later confirmed the employees had been subject to open use of racial
epithets by white employees and supervisors, as well as favoritism toward
whites in hiring and promotion.