Case: Hyman v. First Union Corp.

1:94-cv-01043 | U.S. District Court for the District of Columbia

Filed Date: May 12, 1994

Closed Date: 1997

Clearinghouse coding complete

Case Summary

On May 12, 1994, terminated employees of First Union Corporation filed a lawsuit under 42 U.S.C. § 2000e and 29 U.S.C. § 626 against First Union Corporation ("First Union") in the United States District Court, District of Columbia. Plaintiffs, represented by private counsel, asked the Court for injunctive relief and damages, claiming that First Union's policies, although neutral on their face, resulted in the termination of a disproportionate number of individuals over forty years of age, blac…

On May 12, 1994, terminated employees of First Union Corporation filed a lawsuit under 42 U.S.C. § 2000e and 29 U.S.C. § 626 against First Union Corporation ("First Union") in the United States District Court, District of Columbia. Plaintiffs, represented by private counsel, asked the Court for injunctive relief and damages, claiming that First Union's policies, although neutral on their face, resulted in the termination of a disproportionate number of individuals over forty years of age, black and of foreign origin, in the course of First Union's acquisition of three banking institutions in Virginia, Maryland, and Washington, D.C. Plaintiffs further contended that First Union promised displaced employees "priority consideration" for other positions but later disregarded that promise. Finally, Plaintiffs allege that employees selected to replace those laid off were almost entirely under the age of forty and white.

The Court issued a Findings of Fact and Order granting final approval of a settlement agreement on March 1, 1996.

On August 12, 1997, the Court (Judge Royce C. Lamberth) approved the collective actions proposed by Plaintiffs to pursue their ADEA claims. Hyman v. First Union Corp., 982 F. Supp. 1 (D. D.C. 1997).

The Court allowed Plaintiffs to file a seventh amended complaint on August 12, 1997. Hyman v. First Union Corp., No. 94-1043, 1997 U.S. Dist. LEXIS 18009 (D. D.C. Aug. 12, 1997).

On August 27, 1997, the Court granted partial summary judgment for Defendant on Plaintiffs' state law breach of contract claims and denied as moot Plaintiffs' motion to maintain the contract claims as a class action. Hyman v. First Union Corp., 982 F. Supp. 8 (D. D.C. 1997).

On September 2, 1997, the Court granted partial summary judgment for Defendant on Plaintiffs' Reston Servicenter ethnic discrimination claims and granted Plaintiffs' motion to maintain a consolidated action for all black branch managers and assistant black managers alleging employment discrimination. Hyman v. First Union Corp., 982 F. Supp. 14 (D. D.C. 1997).

On September 26, 1997, the Court granted Defendant's motion to dismiss on the grounds that claims of discrimination based on disparate impact were not cognizable under the ADEA. Hyman v. First Union Corp., 980 F. Supp. 38 (D. D.C. 1997).

On October 9, 1997, the Court denied Defendant's motion for summary judgment on the ADEA and DCHRA claims of several individual plaintiffs; it granted Defendant's motion for summary judgment on the Section 1981 claim of one individual plaintiff. Hyman v. First Union Corp., 980 F. Supp. 46 (D. D.C. 1997).

The Court denied the EEOC's motion to intervene and to compel First Union to disclose document sealed under a Protective Order and Joint Stipulation on June 21, 2001.

The Court denied another motion by the EEOC to intervene and set aside the protective order previously entered into in the case on June 10, 2005.

There has been no further action in the case.

Summary Authors

Haley Waller (6/30/2010)

People


Judge(s)

Lamberth, Royce C. (District of Columbia)

Attorneys(s) for Plaintiff

Fleming, Timothy B. (District of Columbia)

Kator, Irving (District of Columbia)

Lang, Jane (District of Columbia)

Lieder, Michael D. (District of Columbia)

Stokes, Susan E. (Minnesota)

Attorneys(s) for Defendant

Agusti, Filiberto (District of Columbia)

Brown, Barbara Berish (District of Columbia)

Driscoll, Robert Neil (District of Columbia)

Fasman, Zachary D. (New York)

Judge(s)

Lamberth, Royce C. (District of Columbia)

Attorneys(s) for Plaintiff

Fleming, Timothy B. (District of Columbia)

Kator, Irving (District of Columbia)

Lang, Jane (District of Columbia)

Lieder, Michael D. (District of Columbia)

Stokes, Susan E. (Minnesota)

Attorneys(s) for Defendant

Agusti, Filiberto (District of Columbia)

Brown, Barbara Berish (District of Columbia)

Driscoll, Robert Neil (District of Columbia)

Fasman, Zachary D. (New York)

Gans, Jeffrey R. (District of Columbia)

Hope, Judith Richards (District of Columbia)

Ludwig, Stacy M. (District of Columbia)

Sprenger, Paul (District of Columbia)

Willard, Richard K. (District of Columbia)

Other Attorney(s)

Sapp, Miguel A. (District of Columbia)

Documents in the Clearinghouse

Document

Docket

Aug. 17, 2006 Docket
246

MEMORANDUM & ORDER (Granting in part and denying in part motion to amend complaint)

Hyman v. First Union Corporation

1997 U.S.Dist.LEXIS 18009

Aug. 12, 1997 Order/Opinion
248

MEMORANDUM OPINION (Granting motion to maintain collective action)

Hyman v. First Union Corporation

982 F.Supp. 1

Aug. 12, 1997 Order/Opinion
258

MEMORANDUM OPINION (Granting partial summary judgment)

Hyman v. First Union Corporation

982 F.Supp. 8

Aug. 27, 1997 Order/Opinion
269

MEMORANDUM OPINION (Granting partial summary judgment and motion to maintain consolidated action)

Hyman v. First Union Corporation

982 F.Supp. 14

Sept. 2, 1997 Order/Opinion
288

MEMORANDUM OPINION (Dismissing ADEA disparate impact claims)

Hyman v. First Union Corporation

980 F.Supp. 38

Sept. 26, 1997 Order/Opinion
300

MEMORANDUM OPINION (Denying summary judgment)

Hyman v. First Union Corporation

980 F.Supp. 46

Oct. 9, 1997 Order/Opinion
360

MEMORANDUM AND ORDER (Denying EEOC motion to intervene)

Hyman v. First Union Corporation

June 21, 2001 Order/Opinion
375

ORDER (Denying second motion to intervene)

Hyman v. First Union Corporation

June 10, 2005 Order/Opinion

Docket

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

Docket sheet not available via the Clearinghouse.

State / Territory: District of Columbia

Case Type(s):

Equal Employment

Special Collection(s):

Private Employment Class Actions

Key Dates

Filing Date: May 12, 1994

Closing Date: 1997

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Former employees of First Union Corporation who asserted claims of employment discrimination on the basis of age, national origin, and/or race.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Denied

Defendants

First Union Corporation, Private Entity/Person

Case Details

Causes of Action:

42 U.S.C. § 1981

Age Discrimination in Employment Act (ADEA), 29 U.S.C. §§ 621 et seq.

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

Availably Documents:

Trial Court Docket

Any published opinion

Outcome

Prevailing Party: Mixed

Nature of Relief:

Unknown

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Issues

General:

Disparate Impact

Discrimination-area:

Discharge / Constructive Discharge / Layoff

Discrimination-basis:

Age discrimination

National origin discrimination

Race discrimination

Race:

Race, unspecified