Filed Date: Dec. 21, 2007
Closed Date: 2008
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On December 21, 2007, 32 individual African American plaintiffs filed a complaint in United States District Court for the Western District of New York on behalf of themselves and all others similarly situated against defendant Rochester Gas & Electric Company alleging a pattern and practice of discrimination based on race. The complaint stated violations of Title VII of the Civil Rights Act of 1964, Title I of the Civil Rights Act of 1991, and The New York Human Rights Law (15 N.Y. Exec. Law § 291).
On January 24, 2008 the parties reached a settlement agreement which created a $2 million settlement fund for the settlement class of all African American employees at Rochester Gas & Electric Company from May 24, 2002 through October 1, 2006 (150 total members). The class representatives were awarded $15,000 each plus their individual shares for their service to the class. One third of the settlement fund ($660,000) was designated for attorney fees.
The settlement also provdide for injunctive relief including a non-retaliation clause, prohibition against discrimination, and EEO notice and training.
On February 11, 2008 the court (Judge Michael A. Telesca) granted preliminary approval of the settlement and certified the settlement class.
On May 8, 2008 the court (Judge Michael A. Telesca) signed a final order approving the class settlement.
Summary Authors
David Miller (7/2/2010)
Telesca, Michael Anthony (New York)
Bartelli, Jan (New York)
Carson, Shanon J. (Pennsylvania)
Chavers, Clayborne E. (District of Columbia)
Gerstein, Bruce E. (New York)
Burkhardt, Michael S. (Pennsylvania)
Telesca, Michael Anthony (New York)
Bartelli, Jan (New York)
Carson, Shanon J. (Pennsylvania)
Chavers, Clayborne E. (District of Columbia)
Gerstein, Bruce E. (New York)
Burkhardt, Michael S. (Pennsylvania)
Last updated May 12, 2022, 8 p.m.
State / Territory: New York
Case Type(s):
Special Collection(s):
Private Employment Class Actions
Key Dates
Filing Date: Dec. 21, 2007
Closing Date: 2008
Case Ongoing: No
Plaintiffs
Plaintiff Description:
32 named plaintiffs representing a class of African American employees employed from May 5, 2002 to October 1, 2006 who were subjected to unlawful discrimination based on their race
Plaintiff Type(s):
Public Interest Lawyer: No
Filed Pro Se: No
Class Action Sought: Yes
Class Action Outcome: Granted
Defendants
Rochester Gas & Electric Co. (Rochester, Monroe), Private Entity/Person
Defendant Type(s):
Case Details
Causes of Action:
Title VII (including PDA), 42 U.S.C. § 2000e
Availably 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: $2 million
Order Duration: 2007 - 0
Content of Injunction:
Post/Distribute Notice of Rights / EE Law
Provide antidiscrimination training
Issues
General:
Discrimination-area:
Discharge / Constructive Discharge / Layoff
Harassment / Hostile Work Environment
Other Conditions of Employment (including assignment, transfer, hours, working conditions, etc)
Discrimination-basis:
Race: