Filed Date: July 26, 2005
Closed Date: 2008
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On July 26, 2005, the United States Department of Justice (DOJ) Civil Rights Division filed this reverse-discrimination lawsuit under Title VII of the Civil Rights Act in the U.S. District Court for the Eastern District of Michigan against the City of Pontiac and the local firefighters' union. The DOJ began investigating whether the City of Pontiac's hiring and promotion policies discriminated against white men after a firefighter filed a lawsuit in July 2004 challenging the policies. The DOJ alleged that the City of Pontiac and the local firefighters’ union pursued policies and practices that discriminated against applicants for employment and promotion based on race and sex in violation of Title VII of the Civil Rights Act. The DOJ sought an injunction preventing the City of Pontiac and the union from engaging in discriminatory employment policies and practices on the basis of race or sex and from failing to compensate those who suffered a loss due to discriminatory policies and procedures. Additionally, the DOJ sought fees and costs.
The complaint alleged that collective bargaining agreements entered into by the Pontiac Fire Department and the local firefighters' union established a dual system for hiring and promotion, which discriminated on the basis of sex and race. The hiring and promotion policies required that one out of every three individuals hired or promoted be either a female or a minority. Two lists were maintained for the purposes of hiring and promotion. The first list included all candidates, while the second list included only the female and minority candidates. Hiring and promotion decisions were made from the first list, but if one out of three individuals hired or promoted were not either a racial minority or female, then the second list was consulted. The DOJ alleged these policies discriminated against men and non-minorities.
The parties engaged in negotiations to resolve the dispute without a trial. On July 20, 2006, the District Court (Judge George C. Steeh) granted the DOJ's motion for the provisional entry of a consent decree. The court signed the consent decree on September 28, 2006, despite objections from a number of individuals who felt they deserved compensation but fell outside the decree’s scope. The consent decree was designed to: (1) prevent future discrimination on the basis of race and gender and (2) provide remedial relief, such as backpay, offers of employment or promotion, and retroactive seniority, for those employees and applicants affected by the allegedly discriminatory policies. The consent decree specifically enjoined the defendants from: (a) engaging in or agreeing to any act or practice that discriminated on the basis of race or sex in violation of Title VII and in relation to hiring or promotion and (b) retaliating against anyone for engaging in practices protected by Title VII, including cooperating with the investigation related to this case and seeking or receiving individual relief. The consent decree also provided for individual relief and listed individuals who were eligible for such relief. Further, the consent decree imposed record-keeping and reporting obligations on the defendant and provided that the court would retain jurisdiction for a period of two years.
It does not appear that the DOJ took any action to enforce the consent decree in court over the next two years. On October 1, 2008, after the two-year period ended, Judge Steeh dissolved the consent decree and dismissed the case. This case is closed.
Summary Authors
Kaitlin Corkran (2/24/2008)
Emily Kempa (3/17/2019)
For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4809417/parties/united-states-v-pontiac-city-of/
Capel, Wallace Jr. (Michigan)
Gadzichowski, John M. (District of Columbia)
Kim, Wan J. (District of Columbia)
Goldstein, Eric S. (Michigan)
Heinen, Mark L. (Michigan)
Capel, Wallace Jr. (Michigan)
Majzoub, Mona K. (Michigan)
Steeh, George Caram III (Michigan)
See docket on RECAP: https://www.courtlistener.com/docket/4809417/united-states-v-pontiac-city-of/
Last updated April 11, 2024, 3:17 a.m.
State / Territory: Michigan
Case Type(s):
Special Collection(s):
IWPR/Wage Project Consent Decree Study
Key Dates
Filing Date: July 26, 2005
Closing Date: 2008
Case Ongoing: No
Plaintiffs
Plaintiff Description:
The Department of Justice on behalf of men and non-minorities who applied for employment or promotion with the City of Pontiac Fire Department while a specific collective bargaining agreement was in place
Plaintiff Type(s):
U.S. Dept of Justice plaintiff
Attorney Organizations:
U.S. Dept. of Justice Civil Rights Division
Public Interest Lawyer: Yes
Filed Pro Se: No
Class Action Sought: No
Class Action Outcome: Not sought
Defendants
City of Pontiac, Michigan (Pontiac, Oakland), City
Firefighters Union, Local 376 (Pontiac, Oakland), None
Defendant Type(s):
Case Details
Causes of Action:
Title VII (including PDA), 42 U.S.C. § 2000e
Available Documents:
Injunctive (or Injunctive-like) Relief
Outcome
Prevailing Party: Plaintiff
Nature of Relief:
Injunction / Injunctive-like Settlement
Source of Relief:
Form of Settlement:
Court Approved Settlement or Consent Decree
Amount Defendant Pays: 12,200
Order Duration: 2006 - 2008
Content of Injunction:
Issues
Discrimination-area:
Discrimination-basis:
Race:
Affected Sex or Gender: