Case: United States v. State of New Jersey Personnel Department

2:88-cv-05087 | U.S. District Court for the District of New Jersey

Filed Date: Nov. 23, 1988

Closed Date: 2007

Clearinghouse coding complete

Case Summary

On November 23, 1988, the U.S. Department of Justice filed a lawsuit against the New Jersey State Department of Personnel under 42 U.S.C. § 2000e, et seq. ("Title VII") in the U.S. District Court for the District of New Jersey. The Department of Justice asked the court for injunctive and monetary relief, alleging that the defendant had violated Title VII, by discriminating against blacks and women in the hiring for entry-level positions in state law enforcement and corrections. It was also al…

On November 23, 1988, the U.S. Department of Justice filed a lawsuit against the New Jersey State Department of Personnel under 42 U.S.C. § 2000e, et seq. ("Title VII") in the U.S. District Court for the District of New Jersey. The Department of Justice asked the court for injunctive and monetary relief, alleging that the defendant had violated Title VII, by discriminating against blacks and women in the hiring for entry-level positions in state law enforcement and corrections. It was also alleged that women were passed over for promotions in State correction officer jobs on the basis of their gender.

The plaintiff alleges that the State administered unlawful written and physical performance examinations and other procedures in processing and selecting candidates for appointment to State law enforcement positions, as well as county and municipal positions that are covered by State civil service laws. It was found that race and gender played statistically significant differences in hiring practices. A study was performed on those applicants with passing performance on the written examination and physical performance test ("PPT"). In an indiscriminant process there would be no disparities across gender or race lines, in terms of applicants hired; however, the study found that there were disparate proportions of passing applicants hired that were black or female, when considering each respective test.

On February 17, 1994, the District Court (Judge William G. Bassler) entered a Consent Decree. 2,200 objections were raised regarding the fairness of this decree, all categories were concluded to be invalid, and the original consent decree was upheld. The consent decree identified three groups of victims who were entitled to relief: (1) blacks who scored too low on the written exam to be considered for appointment; (2) women who failed the police officer PPT; and (3) women who were passed over for appointment to State correction officer jobs on the basis of their gender. Victims of disparate impact were entitled to appointment to jobs and receiving back pay, retroactive pension, and retroactive seniority for those positions.

We have no further information on this case.

Summary Authors

Jane Wu (11/4/2007)

People

Judge(s)

Bassler, William G. (New Jersey)

Cavanaugh, Dennis M. (New Jersey)

Attorney for Plaintiff

Esch, Eugenia (District of Columbia)

Fryatt, John E. (District of Columbia)

Attorney for Defendant

Derry, Douglass L. (New Jersey)

Expert/Monitor/Master/Other

Documents in the Clearinghouse

2:88-cv-05087

Docket (PACER)

United States v. New Jersey Dept

Jan. 12, 2007

Jan. 12, 2007

Docket
156

2:88-cv-05087

Opinion

United States v. New Jersey

March 14, 1995

March 14, 1995

Order/Opinion

1995 WL 1943013

221-4

2:88-cv-05087

Order

United States v. New Jersey

Sept. 13, 2004

Sept. 13, 2004

Order/Opinion
233-2

2:88-cv-05087

Partial Consent Decree

United States v. New Jersey

June 28, 2006

June 28, 2006

Settlement Agreement

Docket

Last updated March 24, 2025, 8:26 a.m.

ECF Number Date Description Link
Sept. 19, 1990

Consolidated Lead Case. for Civ. 87-02331 & 88-04080. (femp) (Entered: 09/19/1990)

PACER
July 7, 1992

ORDER ( signed by Chief Judge John F. Gerry ) (sr) (Entered: 07/07/1992)

PACER
July 7, 1992

CASE reassigned to Judge William G. Bassler (sr) (Entered: 07/07/1992)

PACER
Oct. 7, 1992

Pre-trial conference set for 3:30 11/24/92. (femp) (Entered: 10/07/1992)

PACER
36 Dec. 8, 1992

SCHEDULING ORDER setting Status conference 12/17/92 ; Settlement conference 12/17/92 ; ( signed by Magistrate Ronald J. Hedges )n/m (jd) (Entered: 12/09/1992)

PACER
37 Dec. 17, 1992

SCHEDULING ORDER setting Settlement conference 1/28/93 ; ( signed by Magistrate Ronald J. Hedges ) n/m (jd) (Entered: 12/18/1992)

PACER
68 March 26, 1993

SCHEDULING ORDER setting Settlement conference 1:30 4/8/93 etc.; ( signed by Magistrate Dennis M. Cavanaugh ) (ar) Modified on 03/30/1993 (Entered: 03/30/1993)

PACER
40 May 27, 1993

TRANSCRIPT of Proceedings taken on 5/10/93 (jd) (Entered: 05/27/1993)

PACER
41 June 7, 1993

SCHEDULING ORDER setting Discovery cutoff 9/15/93 ; Status conference 9/9/93 ; Settlement conference 9/9/93 ; the State of NJ to answer interrogatories on or before 7/30/93, etc ( signed by Magistrate Dennis M. Cavanaugh ) n/m (jd) (Entered: 06/08/1993)

PACER
72 July 14, 1993

NOTICE of attorney appearance on behalf of pltf United States (jd) (Entered: 07/14/1993)

PACER
73 Aug. 16, 1993

AMENDED SCHEDULING ORDER setting Discovery cutoff 11/1/93 ; extending to 9/15/93 the time for the State of NJ to respond to the United States' interrogatories & requests for production of documents, etc ( signed by Magistrate Dennis M. Cavanaugh ) n/m (jd) Modified on 08/16/1993 (Entered: 08/16/1993)

PACER
74 Sept. 10, 1993

LETTER NOTICE of Hearing: setting trial date for 2/7/94 , setting pretrial submissions and briefs deadline for 1/10/94 , setting pretrial conference for 1/12/94 (cs) (Entered: 09/13/1993)

PACER
75 Sept. 20, 1993

ORDER setting remaining discovery deadlines, etc ( signed by Magistrate Dennis M. Cavanaugh ) (jd) (Entered: 09/21/1993)

PACER
76 Oct. 25, 1993

Agreed Stipulation and ORDER to take depositions after the close of discovery, etc ( signed by Magistrate Dennis M. Cavanaugh ) (jd) (Entered: 10/27/1993)

PACER
77 Dec. 13, 1993

Notice of Intent to submit a Dispositive motion for partial summary judgment and partial dismissal of complaint by deft State of NJ (jd) (Entered: 12/15/1993)

PACER
78 Jan. 3, 1994

NOTICE of attorney appearance for UNITED STATES by Barbara A. Landress (jd) (Entered: 01/04/1994)

PACER
79 Jan. 11, 1994

ORDER concerning prepartion of the final pretrial order, etc ( signed by Magistrate Dennis M. Cavanaugh ) n/m (jd) (Entered: 01/12/1994)

PACER
80 Feb. 4, 1994

Minute entry: Proceedings recorded by Ct-Reporter: 93-45; Minutes of: 2/4/94; The following actions were taken. Settlement Conference By Magistrate Dennis M. Cavanaugh (jd) (Entered: 02/07/1994)

PACER
81 Feb. 8, 1994

Minute entry: Proceedings recorded by Ct-Reporter: 94-01K 1977- 2813; Minutes of: 2/8/94; The following actions were taken. Settlement Conference. Court indicated case settled. OTBS By Magistrate Dennis M. Cavanaugh (jd) (Entered: 02/14/1994)

PACER
82 Feb. 17, 1994

Supplemental and Consent Decree w/exhibits A-R (jd) (Entered: 02/17/1994)

PACER
83 April 6, 1994

CONSENT ORDER #1. Agreed Order regarding Notice of Entry of Consent Decree ( signed by Judge William G. Bassler ) (sr) (Entered: 04/06/1994)

PACER
84 April 6, 1994

CONSENT ORDER #2. Agreed Order regarding Appendices B and N of the Consent Decree ( signed by Judge William G. Bassler ) (sr) (Entered: 04/06/1994)

PACER
85 April 6, 1994

CONSENT ORDER #3. Agreed Order regarding Appendix R to the Consent Decree ( signed by Judge William G. Bassler ) (sr) (Entered: 04/06/1994)

PACER
86 April 6, 1994

ORDER authorizing the State of New jersey, including, but not limited to, Dept of Personnel & Dept. of Law and Public Safety, Div. of Motor Vehicles to utilize the social security numbers of individuals to whom the State is required to give notice, purs. to the terms of the Consent Decree, etc ( signed by Magistrate Dennis M. Cavanaugh ) n/m n/m (jd) (Entered: 04/08/1994)

PACER
87 April 12, 1994

CONSENT ORDER #5. Agreed Order regarding addenda to appendices B and N ( signed by Judge William G. Bassler ) n/m (jd) (Entered: 04/14/1994)

PACER
88 April 15, 1994

NOTICE of objection re: Consent Decree of 2/17/94 by Yvonne L. Brooks (jd) (Entered: 04/15/1994)

PACER
89 April 19, 1994

NOTICE of objection re Consent Decree of 2/17/94 by Mary Ann McColgan (jd) (Entered: 04/19/1994)

PACER
95 April 19, 1994

NOTICE of attorney appearance for UNITED STATES by ERIC L. SIEGEL (mgr) (Entered: 04/28/1994)

PACER
90 April 21, 1994

CONSENT ORDER No. 6 regarding appendices D, G, H and L ( signed by Judge William G. Bassler ) (jd) (Entered: 04/21/1994)

PACER
91 April 22, 1994

NOTICE of objection to Consent Decree fld. 2/17/94 by Randi Fleischman (jd) (Entered: 04/22/1994)

PACER
92 April 25, 1994

NOTICE of objection to Consent Decress of 2/18/94 by Ms. Harriett Hagin-Baxter (jd) (Entered: 04/25/1994)

PACER
94 April 28, 1994

NOTICE of objection to Consent Decree fld. 2/17/94 by Kenneth H. Williams Jr. (jd) (Entered: 04/28/1994)

PACER
96 May 2, 1994

NOTICE of objection to Consent Decree fld. 2/17/94 by Betty J. Ellis (jd) (Entered: 05/02/1994)

PACER
97 May 4, 1994

CONSENT ORDER NO. 7 regarding revision of Appendix O of the Consent Decree ( signed by Magistrate Dennis M. Cavanaugh ) n/m (jd) (Entered: 05/05/1994)

PACER
98 May 10, 1994

NOTICE of objection to Consent Decree filed 2/17/94 by Helen G. Wingate (jd) (Entered: 05/10/1994)

PACER
99 May 11, 1994

NOTICE of objection to Consent Decree fld. 2/17/94 by Greta R. Covington (jd) (Entered: 05/11/1994)

PACER
100 May 12, 1994

NOTICE of objection to Consent Decree fld. 2/17/94 by Pamela R. Davis (jd) (Entered: 05/12/1994)

PACER
101 May 13, 1994

NOTICE of objection to Consent Decree fld. 2/17/94 by Hollis M. Theodore (jd) (Entered: 05/13/1994)

PACER
102 May 17, 1994

NOTICE of objection to Consent Decree fld. 2/17/94 by Linda J. DeCosta (jd) (Entered: 05/18/1994)

PACER
103 May 19, 1994

NOTICE of objection to Consent Decree fld. 2/17/94 by Franklin D. McArthur, Jr. (jd) (Entered: 05/19/1994)

PACER
104 May 19, 1994

CONSENT ORDER No. 8 providing for waiver of General Rule 12N to permit filing of cross-motions of the parties for summary judgment as to gender-restricted hiring practices of the Department of Corrections, etc ( signed by Judge William G. Bassler ) n/m (jd) (Entered: 05/20/1994)

PACER
108 May 19, 1994

CONSENT ORDER denying as moot the cross-motions for summary judgment of the State of NJ and USA, w/out prejudice to the rights of the parties to resubmit those motions in the event the settlement does not obtain final approval of the court, etc.; Fairness hearing scheduled for 9/27/94 ( signed by Judge William G. Bassler ) n/m (jd) (Entered: 05/23/1994)

PACER
105 May 23, 1994

NOTICE of objections to Consent Decree of 2/17/94 by Pam Hamilton (jd) (Entered: 05/23/1994)

PACER
106 May 23, 1994

NOTICE of objections of Consent Decree of 2/17/94 by Lester Gibson (jd) (Entered: 05/23/1994)

PACER
107 May 23, 1994

Copy of NOTICE of objections to Consent Decree of 2/17/94 by Raymond Torres (jd) (Entered: 05/23/1994)

PACER
109 May 23, 1994

NOTICE of objections to Consent Decree of 2/17/94 by Waradah Dasent (jd) (Entered: 05/23/1994)

PACER
110 May 23, 1994

CONSENT ORDER NO. 10 extending time to mail appendix O; persons filing objections also have 2 additional days to and including 6/22/94 to postmark those objections in order to be considered by the court ( signed by Magistrate Dennis M. Cavanaugh ) n/m (jd) (Entered: 05/23/1994)

PACER
111 May 23, 1994

NOTICE of objections of Consent Decree of 2/17/94 by Audrey Lisette Riccardi (jd) (Entered: 05/23/1994)

PACER
112 May 24, 1994

NOTICE of objections to Consent Decree fld. 2/17/94 by Samuel D. Bryant (jd) (Entered: 05/24/1994)

PACER
113 May 24, 1994

NOTICE of objections to Consent Decree fld. 2/17/94 by Ellen M. Smith (jd) (Entered: 05/24/1994)

PACER
114 May 24, 1994

NOTICE of objections to Consent Decree fld. 2/17/94 by Lauence J. DiStefano, Jr., Esq. on behalf of Francis Curriden (jd) (Entered: 05/24/1994)

PACER
115 May 24, 1994

NOTICE of objections to Consent Decree fld. 2/17/94 by Lynne M. Collins (jd) (Entered: 05/24/1994)

PACER
116 May 24, 1994

NOTICE of objections to Consent Decree fld. 2/17/94 by Robert L. Adams (jd) (Entered: 05/24/1994)

PACER
117 May 25, 1994

NOTICE of objection to Consent Decree fld. 2/17/94 by Mizra A. Abreu (jd) (Entered: 05/25/1994)

PACER
118 May 25, 1994

NOTICE of objections to Consent Decree fld. 2/17/94 by Lisa M. Moore (jd) (Entered: 05/25/1994)

PACER
119 May 26, 1994

NOTICE of objections to Consent Decree fld. 2/17/94 by William Bradberry (jd) (Entered: 05/27/1994)

PACER
120 May 31, 1994

NOTICE of objections to Consent Decree fld. 2/17/94 by Laura L. Bryant (jd) (Entered: 05/31/1994)

PACER
122 June 2, 1994

NOTICE of objection to Consent Decree of 2/17/94 by John J. Redmond (jd) (Entered: 06/02/1994)

PACER
123 June 3, 1994

CONSENT ORDER #11 agreed order regarding addendum to appendix E of the Consent Decree ( signed by Judge William G. Bassler ) n/m (jd) (Entered: 06/06/1994)

PACER
124 June 3, 1994

ORDER #12 regarding exchange of information between the United States and the State of New Jersey ( signed by Judge William G. Bassler ) (jd) (Entered: 06/06/1994)

PACER
125 June 9, 1994

NOTICE of objection to Consent Decree of 2/17/94 by Ms. Deborah L. Faison (jd) (Entered: 06/09/1994)

PACER
126 June 17, 1994

NOTICE of objection to Consent Decree fld 3/17/94 by John F. Jordon, Jr. (jd) (Entered: 06/20/1994)

PACER
127 June 17, 1994

CONSENT ORDER #13 agreed oder to appendix E-1 of Consent Decree ( signed by Judge William G. Bassler ) n/m (jd) (Entered: 06/20/1994)

PACER
128 June 17, 1994

CONSENT ORDER #14 agreed order regarding handling of objections to the Consent Decree and the change of the fairness hearing dates. Dates for hrg. are 9/29/94 and 9/30/94, in lieu of 9/27 and 28 ( signed by Judge William G. Bassler ) n/m (jd) (Entered: 06/20/1994)

PACER
129 June 20, 1994

NOTICE of objections to Consent Decree fld. 2/17/94 by Josephine G. (jd) Modified on 06/21/1994 (Entered: 06/21/1994)

PACER
130 June 21, 1994

NOTICE of objection to Consent Decree fld. 2/17/94 by Maryanne McFarland (jd) (Entered: 06/22/1994)

PACER
131 June 24, 1994

NOTICE of objection to Consent Decree fld. 2/17/94 by Gerald Toney (jd) (Entered: 06/24/1994)

PACER
132 June 30, 1994

NOTICE of objection to Consent Deree of 2/17/94 by Basilisa Taylor (jd) (Entered: 06/30/1994)

PACER
133 July 8, 1994

Clerk's Certificate of Cash Deposit (jd) (Entered: 07/11/1994)

PACER
July 8, 1994

$350,000.00 deposited in the registry per consent order (jb) (Entered: 07/14/1994)

PACER
July 11, 1994

$7,475,000.00 deposit in the registry per Consent Order (jd) (Entered: 07/11/1994)

PACER
134 July 12, 1994

Amended Clerk's Certifcate of Cash Deposit (jd) (Entered: 07/14/1994)

PACER
135 July 12, 1994

CERTIFICATE of Clerk of cash deposit (jb) (Entered: 07/14/1994)

PACER
July 14, 1994

$7,125,000.00 deposited in registry per Consent Order (jd) (Entered: 07/14/1994)

PACER
136 July 15, 1994

CONSENT ORDER NO. 15 concerning notice to claimants of LECR Administration, etc. ( signed by Magistrate Dennis M. Cavanaugh ) n/m (jd) (Entered: 07/15/1994)

PACER
137 July 15, 1994

ORDER NO. 16 to invest funds pursuant to Consent Decree, etc. (signed by Magistrate Dennis M. Cavanaugh ) n/m (jd) Modified on 07/15/1994 (Entered: 07/15/1994)

PACER
139 Aug. 24, 1994

NOTICE of atty appearance on behalf of Mitzi Collins (Eze I. Eze 534 Cooper Street, Suite 201 Camden, NJ 08102) (jd) Modified on 08/31/1994 (Entered: 08/31/1994)

PACER
140 Sept. 8, 1994

NOTICE of Fairness Hearing Procedures, etc (jd) (Entered: 09/08/1994)

PACER
141 Sept. 20, 1994

LETTER by David Cofield (jd) (Entered: 09/21/1994)

PACER
142 Oct. 20, 1994

CONSENT ORDER No. 17 concerning priority of lists ( signed by Judge William G. Bassler ) n/m (jd) (Entered: 10/21/1994)

PACER
143 Oct. 26, 1994

CONSENT ORDER No. 19 concerning revisions to Appendix E-1 ( signed by Judge William G. Bassler ) n/m (jd) (Entered: 10/28/1994)

PACER
144 Oct. 31, 1994

CERTIFICATE OF SERVICE of copy of letter to Judge Bassler on behalf of state defts (jd) (Entered: 11/01/1994)

PACER
145 Oct. 31, 1994

CERTIFICATE OF SERVICE of copy of a letter dated 10/14/94 from SDAG to Judge Bassler, etc. (jd) (Entered: 11/01/1994)

PACER
146 Nov. 16, 1994

Consent ORDER No. 18 concerning waiver of right to object to consent decree, etc. ( signed by Judge William G. Bassler ) n/m (jd) (Entered: 11/16/1994)

PACER
147 Nov. 16, 1994

Minute entry: Proceedings recorded by Ct-Reporter: Walter Perelli; Minutes of: 11/16/94; The following actions were taken. Fairness hearing conducted. Hrg adjourned until 11/17/94 at 8:30 a.m. By Judge William G. Bassler (jd) (Entered: 11/23/1994)

PACER
148 Nov. 17, 1994

Minute entry: Proceedings recorded by Ct-Reporter: Walter Perelli; Minutes of: 11/17/94; The following actions were taken. Fairness hearing continued. Hrg concluded at 5:00 p.m. By Judge William G. Bassler (jd) (Entered: 11/23/1994)

PACER
149 Jan. 9, 1995

CONSENT ORDER #19 regarding addition to Appendix E-1 of the Consent Decree ( signed by Judge William G. Bassler ) n/m (jd) (Entered: 01/10/1995)

PACER
150 Jan. 19, 1995

CERTIFICATION of Joe Hill Re: publication of notice of consent decree in certain newspapers w/exhibits attached (jd) (Entered: 01/19/1995)

PACER
151 Jan. 19, 1995

CERTIFICATION of Charles Spano Re: consent decree (jd) (Entered: 01/19/1995)

PACER
152 Jan. 23, 1995

CONSENT ORDER #20 regarding emergency appointment of police officers from priority hire lists, etc. ( signed by Judge William G. Bassler ) n/m (jd) (Entered: 01/24/1995)

PACER
153 Feb. 28, 1995

CONSENT ORDER NO. 21 regarding emergency appointment of Mercer County Corrections Officers from priority hire lists, etc. ( signed by Judge William G. Bassler ) n/m (jd) (Entered: 02/28/1995)

PACER
154 Feb. 28, 1995

LETTER by Robin Crute re: status of case (jd) (Entered: 03/01/1995)

PACER
155 March 8, 1995

CONSENT ORDER #22 regarding addition to Appendix E-1 of the Consent Decree ( signed by Judge William G. Bassler ) n/m (jd) (Entered: 03/09/1995)

PACER
156 March 14, 1995

OPINION ( signed by Judge William G. Bassler ) (jd) (Entered: 03/14/1995)

PACER
157 March 14, 1995

JUDGMENT ORDER approving the Consent Decree entered into by the parties and Provisionally entered by this Court on 2/17/94, as fair, adequate and reasonable resolution of all claims raised by the United States in its complaint; directing the Clerk of Court to enter the Consent Decree as a final judgment in these consolidated cases, etc. ( signed by Judge William G. Bassler ) n/m (jd) (Entered: 03/14/1995)

PACER
158 March 15, 1995

CONSENT ORDER No. 23 regarding emergency appointment of corrections officers from priority hire lists in Middlesex and Monmouth Counties ( signed by Judge William G. Bassler ) n/m (jd) (Entered: 03/16/1995)

PACER
March 15, 1995

Case closed (jd) (Entered: 03/15/1995)

PACER
159 March 23, 1995

NOTICE of Objections to Consent Decree (volumes 1-22) fld. (jd) Modified on 03/27/1995 (Entered: 03/27/1995)

PACER
160 April 25, 1995

LETTER by Linda C. Haskell re: change of address to 65-23 National Union Blvd. Tuckerton, NJ 08087 (jd) (Entered: 04/26/1995)

PACER
161 May 23, 1995

CONSENT ORDER #24 regarding corrections to Consent Decree Appendix A ( signed by Judge William G. Bassler ) n/m (jd) (Entered: 05/24/1995)

PACER

Case Details

State / Territory:

New Jersey

Case Type(s):

Equal Employment

Key Dates

Filing Date: Nov. 23, 1988

Closing Date: 2007

Case Ongoing: No

Plaintiffs

Plaintiff Description:

U.S. Department of Justice on behalf of female and African-American employees

Plaintiff Type(s):

EEOC Plaintiff

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

State

New Jersey State Department of Personnel

State of New Jersey

Defendant Type(s):

Jurisdiction-wide

Law-enforcement

Case Details

Causes of Action:

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

Other Dockets:

District of New Jersey 2:88-cv-05087

Available Documents:

Any published opinion

Injunctive (or Injunctive-like) Relief

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Damages

Injunction / Injunctive-like Settlement

Source of Relief:

Litigation

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Order Duration: 1995 - 2007

Issues

Discrimination Area:

Hiring

Promotion

Discrimination Basis:

Race discrimination

Sex discrimination

Affected Race(s):

Black

White

Affected Sex/Gender(s):

Female

Male

Recommended Citation