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…

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

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/9930155/parties/usa-v-state-of-new-jersey/

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

Judge(s)

Bassler, William G. (New Jersey)

Cavanaugh, Dennis M. (New Jersey)

Gerry, John Francis (New Jersey)

Hedges, Ronald J. (New Jersey)

Attorney for Plaintiff

Esch, Eugenia (District of Columbia)

Fryatt, John E. (District of Columbia)

Grant, Elaine J. (District of Columbia)

JR., ARTHUR N. (New Jersey)

Landress, Barbara A (District of Columbia)

Rao, Sonya A (District of Columbia)

Siegel, Eric L (District of Columbia)

Thawley, Barbara E (District of Columbia)

Attorney for Defendant

Derry, Douglass L. (New Jersey)

Scott, James R. (Wisconsin)

Till, Peter William (New Jersey)

Walko, Andrew J (New Jersey)

Watson, Joanne Y (New Jersey)

Other

Hughes, Richard J. (New Jersey)

Martin, Arthur N Jr (New Jersey)

Zurofsky, Bennett Dann (New Jersey)

Attorney Contact Information via CourtListener

Documents in the Clearinghouse

Documents in this case

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

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/9930155/usa-v-state-of-new-jersey/

Last updated Sept. 22, 2026, 9:22 p.m.

Docket for: U.S.A. v. STATE OF NEW JERSEY

ECF Number	Date	Description	Link
	Sept. 19, 1990	Consolidated Lead Case. for Civ. 87-02331 & 88-04080. (femp) (Entered: 09/19/1990)	PACER
	Sept. 19, 1990	Consolidated Lead Case. for Civ. 87-02331 & 88-04080. (femp)
	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
	July 7, 1992	ORDER ( signed by Chief Judge John F. Gerry ) (sr)
	July 7, 1992	CASE reassigned to Judge William G. Bassler (sr)
	Oct. 7, 1992	Pre-trial conference set for 3:30 11/24/92. (femp) (Entered: 10/07/1992)	PACER
	Oct. 7, 1992	Pre-trial conference set for 3:30 11/24/92. (femp)
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)	RECAP
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)	RECAP
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)	RECAP
40	May 27, 1993	TRANSCRIPT of Proceedings taken on 5/10/93 (jd) (Entered: 05/27/1993)	RECAP
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)	RECAP
72	July 14, 1993	NOTICE of attorney appearance on behalf of pltf United States (jd) (Entered: 07/14/1993)	RECAP
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)	RECAP
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)	RECAP
75	Sept. 20, 1993	ORDER setting remaining discovery deadlines, etc ( signed by Magistrate Dennis M. Cavanaugh ) (jd) (Entered: 09/21/1993)	RECAP
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)	RECAP
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)	RECAP
78	Jan. 3, 1994	NOTICE of attorney appearance for UNITED STATES by Barbara A. Landress (jd) (Entered: 01/04/1994)	RECAP
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)	RECAP
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)	RECAP
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)	RECAP
82	Feb. 17, 1994	Supplemental and Consent Decree w/exhibits A-R (jd) (Entered: 02/17/1994)	RECAP
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)	RECAP
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)	RECAP
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)	RECAP
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)	RECAP
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)	RECAP
88	April 15, 1994	NOTICE of objection re: Consent Decree of 2/17/94 by Yvonne L. Brooks (jd) (Entered: 04/15/1994)	RECAP
89	April 19, 1994	NOTICE of objection re Consent Decree of 2/17/94 by Mary Ann McColgan (jd) (Entered: 04/19/1994)	RECAP
95	April 19, 1994	NOTICE of attorney appearance for UNITED STATES by ERIC L. SIEGEL (mgr) (Entered: 04/28/1994)	RECAP
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)	RECAP
91	April 22, 1994	NOTICE of objection to Consent Decree fld. 2/17/94 by Randi Fleischman (jd) (Entered: 04/22/1994)	RECAP
92	April 25, 1994	NOTICE of objection to Consent Decress of 2/18/94 by Ms. Harriett Hagin-Baxter (jd) (Entered: 04/25/1994)	RECAP
93	April 26, 1994	NOTICE of objection to Consent Decree fld. 2/17/94 by Bernice J. Colombo (jd) (Entered: 04/26/1994)	RECAP
94	April 28, 1994	NOTICE of objection to Consent Decree fld. 2/17/94 by Kenneth H. Williams Jr. (jd) (Entered: 04/28/1994)	RECAP
96	May 2, 1994	NOTICE of objection to Consent Decree fld. 2/17/94 by Betty J. Ellis (jd) (Entered: 05/02/1994)	RECAP
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)	RECAP
98	May 10, 1994	NOTICE of objection to Consent Decree filed 2/17/94 by Helen G. Wingate (jd) (Entered: 05/10/1994)	RECAP
99	May 11, 1994	NOTICE of objection to Consent Decree fld. 2/17/94 by Greta R. Covington (jd) (Entered: 05/11/1994)	RECAP
100	May 12, 1994	NOTICE of objection to Consent Decree fld. 2/17/94 by Pamela R. Davis (jd) (Entered: 05/12/1994)	RECAP
101	May 13, 1994	NOTICE of objection to Consent Decree fld. 2/17/94 by Hollis M. Theodore (jd) (Entered: 05/13/1994)	RECAP
102	May 17, 1994	NOTICE of objection to Consent Decree fld. 2/17/94 by Linda J. DeCosta (jd) (Entered: 05/18/1994)	RECAP
103	May 19, 1994	NOTICE of objection to Consent Decree fld. 2/17/94 by Franklin D. McArthur, Jr. (jd) (Entered: 05/19/1994)	RECAP
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)	RECAP
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)	RECAP
105	May 23, 1994	NOTICE of objections to Consent Decree of 2/17/94 by Pam Hamilton (jd) (Entered: 05/23/1994)	RECAP
106	May 23, 1994	NOTICE of objections of Consent Decree of 2/17/94 by Lester Gibson (jd) (Entered: 05/23/1994)	RECAP
107	May 23, 1994	Copy of NOTICE of objections to Consent Decree of 2/17/94 by Raymond Torres (jd) (Entered: 05/23/1994)	RECAP
109	May 23, 1994	NOTICE of objections to Consent Decree of 2/17/94 by Waradah Dasent (jd) (Entered: 05/23/1994)	RECAP
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)	RECAP
111	May 23, 1994	NOTICE of objections of Consent Decree of 2/17/94 by Audrey Lisette Riccardi (jd) (Entered: 05/23/1994)	RECAP
112	May 24, 1994	NOTICE of objections to Consent Decree fld. 2/17/94 by Samuel D. Bryant (jd) (Entered: 05/24/1994)	RECAP
113	May 24, 1994	NOTICE of objections to Consent Decree fld. 2/17/94 by Ellen M. Smith (jd) (Entered: 05/24/1994)	RECAP
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)	RECAP
115	May 24, 1994	NOTICE of objections to Consent Decree fld. 2/17/94 by Lynne M. Collins (jd) (Entered: 05/24/1994)	RECAP
116	May 24, 1994	NOTICE of objections to Consent Decree fld. 2/17/94 by Robert L. Adams (jd) (Entered: 05/24/1994)	RECAP
117	May 25, 1994	NOTICE of objection to Consent Decree fld. 2/17/94 by Mizra A. Abreu (jd) (Entered: 05/25/1994)	RECAP
118	May 25, 1994	NOTICE of objections to Consent Decree fld. 2/17/94 by Lisa M. Moore (jd) (Entered: 05/25/1994)	RECAP
119	May 26, 1994	NOTICE of objections to Consent Decree fld. 2/17/94 by William Bradberry (jd) (Entered: 05/27/1994)	RECAP
120	May 31, 1994	NOTICE of objections to Consent Decree fld. 2/17/94 by Laura L. Bryant (jd) (Entered: 05/31/1994)	RECAP
122	June 2, 1994	NOTICE of objection to Consent Decree of 2/17/94 by John J. Redmond (jd) (Entered: 06/02/1994)	RECAP
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)	RECAP
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)	RECAP
125	June 9, 1994	NOTICE of objection to Consent Decree of 2/17/94 by Ms. Deborah L. Faison (jd) (Entered: 06/09/1994)	RECAP
126	June 17, 1994	NOTICE of objection to Consent Decree fld 3/17/94 by John F. Jordon, Jr. (jd) (Entered: 06/20/1994)	RECAP
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)	RECAP
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)	RECAP
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)	RECAP
130	June 21, 1994	NOTICE of objection to Consent Decree fld. 2/17/94 by Maryanne McFarland (jd) (Entered: 06/22/1994)	RECAP
131	June 24, 1994	NOTICE of objection to Consent Decree fld. 2/17/94 by Gerald Toney (jd) (Entered: 06/24/1994)	RECAP
132	June 30, 1994	NOTICE of objection to Consent Deree of 2/17/94 by Basilisa Taylor (jd) (Entered: 06/30/1994)	RECAP
133	July 8, 1994	Clerk's Certificate of Cash Deposit (jd) (Entered: 07/11/1994)	RECAP
	July 8, 1994	$350,000.00 deposited in the registry per consent order (jb) (Entered: 07/14/1994)	PACER
	July 8, 1994	$350,000.00 deposited in the registry per consent order (jb)
	July 11, 1994	$7,475,000.00 deposit in the registry per Consent Order (jd) (Entered: 07/11/1994)	PACER
	July 11, 1994	$7,475,000.00 deposit in the registry per Consent Order (jd)
134	July 12, 1994	Amended Clerk's Certifcate of Cash Deposit (jd) (Entered: 07/14/1994)	RECAP
135	July 12, 1994	CERTIFICATE of Clerk of cash deposit (jb) (Entered: 07/14/1994)	RECAP
	July 14, 1994	$7,125,000.00 deposited in registry per Consent Order (jd) (Entered: 07/14/1994)	PACER
	July 14, 1994	$7,125,000.00 deposited in registry per Consent Order (jd)
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)	RECAP
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)	RECAP
138	July 15, 1994	ORDER NO. 16A to invest funds pursuant to Consent Decree ( signed by Magistrate Dennis M. Cavanaugh ) n/m (jd) (Entered: 07/15/1994)	RECAP
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)	RECAP
140	Sept. 8, 1994	NOTICE of Fairness Hearing Procedures, etc (jd) (Entered: 09/08/1994)	RECAP
141	Sept. 20, 1994	LETTER by David Cofield (jd) (Entered: 09/21/1994)	RECAP
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)	RECAP
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)	RECAP
144	Oct. 31, 1994	CERTIFICATE OF SERVICE of copy of letter to Judge Bassler on behalf of state defts (jd) (Entered: 11/01/1994)	RECAP
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)	RECAP
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)	RECAP
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)	RECAP
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)	RECAP
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)	RECAP
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)	RECAP
151	Jan. 19, 1995	CERTIFICATION of Charles Spano Re: consent decree (jd) (Entered: 01/19/1995)	RECAP
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)	RECAP
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)	RECAP

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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

Case Summary of United States v. State of New Jersey Personnel Department, Civil Rights Litig. Clearinghouse, https://clearinghouse.net/case/10474/ (last updated 11/4/2007).