Case: United States v. New York Transit Authority

1:93-cv-03354 | U.S. District Court for the Eastern District of New York

Filed Date: July 27, 1993

Closed Date: 1995

Clearinghouse coding complete

Case Summary

On July 27, 1993, the U.S. Department of Justice ("D.O.J.") filed a lawsuit under Title VII against the New York City Transit Authority in the U.S. District Court Eastern District of New York. The D.O.J. sought injunctive relief alleging that the defendant had violated Title VII's prohibition against retaliation by maintaining a policy under which employees who filed discrimination complaints with outside agencies were prohibited from filing discrimination charges with the Authority's equal emp…

On July 27, 1993, the U.S. Department of Justice ("D.O.J.") filed a lawsuit under Title VII against the New York City Transit Authority in the U.S. District Court Eastern District of New York. The D.O.J. sought injunctive relief alleging that the defendant had violated Title VII's prohibition against retaliation by maintaining a policy under which employees who filed discrimination complaints with outside agencies were prohibited from filing discrimination charges with the Authority's equal employment opportunity division. The D.O.J. argued the Authority's policy of denying employees the right to have their claim filed with the internal EEO department was an adverse employment action used against employees who sought to challenge discriminatory actions by the Authority.

On March 17, 1994, the district court (Judge Eugene H. Nickerson) denied defendant's motion to dismiss the complaint as moot since it had changed it policies.

On April 21, 1995, the district court (Judge Nickerson) granted the D.O.J.'s motion for summary judgment on its retaliation claim and denied defendant's cross-motion for either summary judgment or dismissal, finding that even though the Authority had ceased its policy there was a significant risk that the Authority would resume this behavior. The court further held the Authority's policy embodied an "adverse employment action" in violation of Title VII's prohibition against retaliation.

On October 8, 1996, the United States Court of Appeals for the Second Circuit (Judges Dennis G. Jacobs, Pierre L. Nelson, and Fred I. Parker) upheld the district court's decision that the D.O.J.'s claim was not moot, but reversed the district court's decision to grant the D.O.J.'s motion for summary judgment on its retaliation claim. The Second Circuit held that the Authority's policy was a permissive defensive measure that, although adverse to the employee, did not rise to the level of being retaliatory.

We have no further information on this case.

Summary Authors

Janani Iyengar (10/17/2007)

People


Judge(s)

Azrack, Joan Marie (New York)

Jacobs, Dennis G. (New York)

Leval, Pierre Nelson (New York)

Nickerson, Eugene Hoffman (New York)

Parker, Fred I. (Vermont)

Attorneys(s) for Plaintiff

Dimsey, Dennis J. (District of Columbia)

Dulen, Maureen T (District of Columbia)

Fenton, William B. (District of Columbia)

Lehmann, Christopher (New York)

Patrick, Deval L. (District of Columbia)

Judge(s)

Azrack, Joan Marie (New York)

Jacobs, Dennis G. (New York)

Leval, Pierre Nelson (New York)

Nickerson, Eugene Hoffman (New York)

Parker, Fred I. (Vermont)

Attorneys(s) for Plaintiff

Dimsey, Dennis J. (District of Columbia)

Dulen, Maureen T (District of Columbia)

Fenton, William B. (District of Columbia)

Lehmann, Christopher (New York)

Patrick, Deval L. (District of Columbia)

Peraertz, Louis E. (District of Columbia)

Royster, Steven B. (District of Columbia)

Attorneys(s) for Defendant

Berger, Barbara (New York)

Cosenza, Albert C. (New York)

Schoolman, Richard (New York)

Other Attorney(s)

McDowell, Douglas S. (District of Columbia)

Williams, Robert E. (District of Columbia)

Documents in the Clearinghouse

Document

Docket (PACER)

United States v. New York City Transit Authority

March 19, 1997 Docket
17

Memorandum and Order

United States v. New York City Transit Authority

846 F.Supp. 227

March 17, 1994 Order/Opinion
37

Memorandum and Order

United States v. New York City Transit Authority

885 F.Supp. 442

April 21, 1995 Order/Opinion

Opinion

United States v. New York City Transit Authority

U. S. Court of Appeals for the Second Circuit

97 F.3d 672

Oct. 8, 1996 Order/Opinion

Docket

Last updated May 12, 2022, 8 p.m.

ECF Number Description Date Link
1

COMPLAINT filed and no summons(es) issued for NYC Transit Authority. (fe) (Entered: 07/27/1993)

July 27, 1993

ORDER REFERRING CASE to Magistrate Joan M. Azrack () (fe) (Entered: 07/27/1993)

July 27, 1993
2

ORDER, set initial conference for 2:30 11/30/93 c/m ( signed by Magistrate Joan M. Azrack ) (fe) (Entered: 08/19/1993)

Aug. 19, 1993
3

RETURN OF SERVICE executed as to NYC Transit Authority on 8/10/93. Answer due on 8/30/93 for NYC Transit Authority. (Conte, Daniela) (Entered: 08/19/1993)

Aug. 19, 1993
4

STIPULATION dtd 8/26/93, that the defedant's time to answer the complaint is extended to 9/7/93. ( signed by Judge Eugene H. Nickerson ) (Roker, Michelle) (Entered: 08/31/1993)

Aug. 31, 1993
5

ANSWER to Complaint by NYC Transit Authority. (Johnson, Lorraine) (Entered: 09/09/1993)

Sept. 8, 1993
6

MOTION by NYC Transit Authorit to dismiss pursuant to Rule 12(b)(1) , Motion hearing set for 9:30 12/17/93 [6-1] motion. (Johnson, Lorraine) (Entered: 11/18/1993)

Nov. 17, 1993
7

MEMORANDUM by NYC Transit Authorit in support of [6-1] motion to dismiss pursuant to Rule 12(b)(1) as moot so much of the complaint as seeks an injunction directing the defendant to change a personnel policy it had already changed. (Johnson, Lorraine) (Entered: 11/18/1993)

Nov. 17, 1993
8

RESPONSE by United States in opposition to [6-1] motion to dismiss pursuant to Rule 12(b)(1) (Johnson, Lorraine) (Entered: 12/15/1993)

Dec. 13, 1993
9

SUPPLEMENTAL AFFIDAVIT of Richard Dreyfus, Deputy Executive Ass't General Counsel of defendant NYC Transit Re: in support of motion to dismiss so much of the complaint as seeks an injunction directed to the Authority's former EEO Division policy concerning the processing of internal discrimination complaints. (Johnson, Lorraine) (Entered: 12/16/1993)

Dec. 15, 1993
10

REPLY MEMORANDUM OF LAW by NYC Transit Authorit in further support of [6-1] motion to dismiss pursuant to Rule 12(b)(1). (Johnson, Lorraine) (Entered: 12/16/1993)

Dec. 15, 1993
11

Calendar entry: Before EHN, Court reporter H. LeGendre. Case called, counsel for all parties present. Motion to dismiss---argued, [6-1] motion to dismiss pursuant to Rule 12(b)(1) taken under advisement. (Johnson, Lorraine) (Entered: 12/30/1993)

Dec. 17, 1993
13

NOTICE of United States Dept. of Justice Atty. Maureen T. Dulen in substitution for Steven B. Royster as atty. of record for pltf. in this action. (Vaughn, Terry) (Entered: 02/08/1994)

Feb. 3, 1994

**Added for United States attorney Maureen T. Dulen. (Vaughn, Terry) (Entered: 02/08/1994)

Feb. 3, 1994
12

Calendar entry: Before Mag. Azrack on 2/4/94 at 9:30a.m. Case called. Settlement conference to continue. set settlement conference for 12:00 3/10/94 before Magistrate Joan M. Azrack (Dobkin, David) (Entered: 02/07/1994)

Feb. 4, 1994
14

TRANSCRIPT of proceedings before Judge Nickerson filed for dates of 12/17/93. (Johnson, Lorraine) (Entered: 02/24/1994)

Feb. 24, 1994
15

Calendar entry: Before Mag. Azrack on 3/10/94 at 2:30 for discovery conference. Discovery necessary for summary judgment motion to be conducted by 8/30/94. Plaintiff to make summary judgment motion by 9/30/94. If decide not to make motion plaintiff to contact chambers for a conference date. set discovery due for 8/30/94 (fe) (Entered: 03/14/1994)

March 10, 1994
16

COPY OF A LETTER from Ellen Harrison to Mr. Barry reiterating its previous offer of $200.00 as full and final settlement of his claim. (fe) (Entered: 03/14/1994)

March 14, 1994
17

MEMO/ORDER dated 3/17/94 that the motion to dismiss as moot the portion of the complaint seeking an injunction preventing the Transit Authority from continuing an allegedly retaliatory policy of investigating discrimination complaints is denied. (signed by Judge Eugene H. Nickerson). (Greves, Liz) (Entered: 03/22/1994)

March 22, 1994
18

MOTION by NYC Transit Authority for reargument of deft's original motion for dismissal. Motion hearing set for 4/22/94 [18-1] motion. (Greves, Liz) (Entered: 04/04/1994)

April 1, 1994
19

MEMORANDUM by NYC Transit Authority in support of [18-1] motion for reargument of deft's original motion for dismissal. (Greves, Liz) (Entered: 04/04/1994)

April 1, 1994
20

MEMORANDUM by United States in opposition to [18-1] motion for reargument of deft's original motion for dismissal. (Asreen, Wendy) (Entered: 04/15/1994)

April 14, 1994
21

Deft's Reply Brief in further support of their motion for reargument. (Greves, Liz) (Entered: 04/21/1994)

April 20, 1994
23

ORDER denying [18-1] motion for reargument of deft's original motion for dismissal. ( signed by Judge Eugene H. Nickerson, dated May 12, 1994 ) (Asreen, Wendy) (Entered: 05/23/1994)

May 23, 1994
24

AMENDED MEMORANDUM AND ORDER dtd 5/27/94 that the dft's motion for reargument of the order issued on 3/17/94 is DENIED. ( signed by Judge Eugene H. Nickerson ). (Yuen, Sui May) (Entered: 06/07/1994)

June 7, 1994
25

Rule 3(g) Statement by United States in support of its motion for summary judgment. (Greves, Liz) (Entered: 10/05/1994)

Oct. 3, 1994
26

MOTION by United States for summary judgment. Motion hearing set for 9:30 10/28/94 [26-1] motion. (Greves, Liz) (Entered: 10/05/1994)

Oct. 3, 1994
27

MEMORANDUM by United States in support of [26-1] motion for summary judgment. (Greves, Liz) (Entered: 10/05/1994)

Oct. 3, 1994
28

LETTER dated 10/12/94 from Richard Schoolman to Judge Nickerson Re: requesting an adjournment of the U.S. 's recently filed summary judgment motion from 10/28/94 to 12/2/94. (Vasquez, Liz) (Entered: 10/24/1994)

Oct. 24, 1994
29

MEMORANDUM by NYC Transit Authorit in opposition to [26-1] motion for summary judgment. (Vasquez, Liz) (Entered: 11/17/1994)

Nov. 16, 1994
30

NOTICE of Cross-Motion by NYC Transit Authorit. Counsel will be heard on 12/2/94 at 9:30 (Vasquez, Liz) (Entered: 11/17/1994)

Nov. 16, 1994

Deadline updated; Motion hearing set for 9:30 12/2/94 for [26-1] motion for summary judgment. (Vasquez, Liz) (Entered: 11/17/1994)

Nov. 17, 1994
31

RESPONSE by United States in opposition to [18-1] motion for reargument of deft's original motion for dismissal. (Vasquez, Liz) (Entered: 11/25/1994)

Nov. 23, 1994
32

United States' REPLY to Defendant's opposition to U.S. motion for summary judgment. (Vasquez, Liz) (Entered: 11/30/1994)

Nov. 30, 1994
33

MEMORANDUM by NYC Transit Authorit in support of its cross- motion to dismiss the complaint. (Vasquez, Liz) (Entered: 11/30/1994)

Nov. 30, 1994
34

United States'reply to defts's opposition to [29-1] opposition memorandum for summary judgment. (Vasquez, Liz) (Entered: 12/01/1994)

Dec. 1, 1994
35

Calendar entry: Before Judge Nickerson on 12/2/94 at 9:30a.m. Case called for civil motions. Plaintiff moves for summary judgment. Deft cross moves to dismiss. Case called. Counsel for allparties present. Motion argued. Decision reserved. (Dobkin, David) (Entered: 12/07/1994)

Dec. 2, 1994
36

LETTER dated 4/18/95 from Richard Schoolman to Judge Nickerson, Re: Advising of a decision relevant to one of the arguments raised by the Transit Authority in support of its pending cross-motion for summary judgment motion made by the U.S. (see attachment) (Piper, Francine) (Entered: 04/19/1995)

April 19, 1995
37

Memorandum and ORDER, dtd 4/21/95 granting govt's [26-1] motion for summary judgment. The Authority's motions to dismiss and for summary judgment are denied. ( signed by Judge Eugene H. Nickerson ) (Vasquez, Liz) (Entered: 05/02/1995)

May 2, 1995
38

LETTER dated 4/24/95 from Maureen T. Dulen, Esq., to Judge Nickerson, regarding letter sent to the Court by Richard Schoolman, Counsel for the New York City Transit Authority(NYCTA), on 4/18/95. Government submits this letter in response to the assertions of the NYCTA. (DiTomasso, Mike) (Entered: 05/03/1995)

May 3, 1995
39

JUDGMENT, dtd 5/11/95 entered by the Clerk of Court. Ordered and Adjudged that deft's motions to dimiss and for summary judgment are denied; that plaintiff's motion for summary judgment is granted; and, that the deft, is permanently enjoined from reinstating its former policy concerning the investigation and resolution of internally filed discrimination complaints. ( signed by Judge Eugene H. Nickerson). (Appeals package mailed on 5/15/95). (Vasquez, Liz) Modified on 05/15/1995 (Entered: 05/15/1995)

May 15, 1995

Case closed (Vasquez, Liz) (Entered: 05/15/1995)

May 15, 1995
40

MOTION by United States request to tax costs (Jackson, Ramona) (Entered: 05/24/1995)

May 24, 1995
41

Declaration of MAUREEN T. DULEN by United States Re:in support [40-1] motion request to tax costs (Jackson, Ramona) (Entered: 05/24/1995)

May 24, 1995
42

Bill of costs total $652.40 (Jackson, Ramona) (Entered: 05/24/1995)

May 24, 1995
43

Deft's objections to plttf's bill of costs, dtd 5/25/95. (Vasquez, Liz) (Entered: 05/26/1995)

May 26, 1995
44

Amendment to United States' Request for the Taxation of Costs. (Vasquez, Liz) (Entered: 06/07/1995)

May 31, 1995

Costs are hereby taxed in the amount of $ 466.40 for United States. (Signed by James Giokas on 6/16/95). (Vasquez, Liz) (Entered: 06/19/1995)

June 19, 1995
45

NOTICE OF APPEAL by NYC Transit Authorit. Fee Paid $ 105.00 Receipt # 173901. Notice of Appeal and certified copy of docket sent appealing [39-1] judgment order, [37-1] order. AFF of service attached. USCA notified. (Gonzalez, Mary) (Entered: 06/29/1995)

June 28, 1995

Notice of Appeal and certified copy of docket to USCA: [45-1] appeal (Gonzalez, Mary) (Entered: 06/29/1995)

June 29, 1995
46

USCA Scheduling Order: [45-1] appeal Appeal record due by 8/28/95 . USCA Number: 95-6155 Appellant's brief due 9/6/95. Appellee's brief due 10/6/95. Argument set for 10/30/95. (McGee, Maryann) (Entered: 08/11/1995)

Aug. 10, 1995

Certified and transmitted INDEX on appeal to U.S. Court of Appeals: [45-1] appeal. Documents 1-46. Missing documents: 12,16,22 and 42. USCA#95-6155. Acknowledgment requested. (McGee, Maryann) (Entered: 08/15/1995)

Aug. 15, 1995
47

MANDATE OF USCA (certified copy) Re: [45-1] appeal. Judgment of District Court is AFFIRMED IN PART, REVERSED IN PART, and REMANDED to the District Court for further proceedings in accordance with the opinion of this court. Issued as Mandate 12/9/96. Acknowledgment returned to USCA. Judge notified via phone and mail, USCA#95-6155. (McGee, Maryann) (Entered: 12/17/1996)

Dec. 16, 1996

Record on appeal returned to General Files Dept. (McGee, Maryann) (Entered: 03/19/1997)

March 19, 1997

State / Territory: New York

Case Type(s):

Equal Employment

Key Dates

Filing Date: July 27, 1993

Closing Date: 1995

Case Ongoing: No

Plaintiffs

Plaintiff Description:

U.S. Department of Justice on behalf of employees who filed discrimination complaints

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

New York City (New York), City

Defendant Type(s):

Transportation

Case Details

Causes of Action:

Title VII (including PDA), 42 U.S.C. § 2000e

Availably Documents:

Trial Court Docket

Any published opinion

Outcome

Prevailing Party: Mixed

Nature of Relief:

None

Source of Relief:

Litigation

Issues

General:

Retaliation