Filed Date: 1996
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In 1996, the NAACP and several individuals filed a class action lawsuit in New Jersey state court against the New Jersey State Police alleging unlawful employment practices in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000e et seq., and state law. The gravamen (essence) of the plaintiffs' complaint as amended was that Black and Latino applicants for employment to the New Jersey State Police were subjected to discrimination in the recruitment, application, and hiring practices. Such discrimination included a requirement that applicants possess a college education and the use of an entry-level written examination known as the Law Enforcement Candidate Record (LECR). Plaintiffs maintained that those requirements caused a disparate impact on the Black and Latino class members.
Shortly after filing the complaint, the plaintiffs filed a motion for admission pro hac vice of attorneys David L. Rose and Joshua N. Rose. The State Police opposed the motion on the ground that there was an appearance of impropriety with respect to David Rose's involvement because he may have gained knowledge concerning the LECR during his prior employment as Chief of the Employment Litigation Section of the United States Department of Justice. The Trial Court denied the motion for admission. The laintiffs filed a second motion for admission and proposed that Richard T. Seymour would represent the plaintiffs in the attack on the LECR and that David Rose and Joshua Rose would handle the remaining claims. The Trial Court admitted Mr. Seymour, but again denied admission to attorneys David Rose and Joshua Rose. The plaintiffs appealed.
The Appellate Court reversed, holding that David Rose's involvement with the LECR ten or more years earlier did not warrant denial of admission pro hac vice. N.A.A.C.P. v. State, Dept of Law, 711 A.2d 1355 (N.J. Super. A.D. 1998).
Thereafter, the parties arrived at a settlement of the action and Judge Neil H. Shuster entered a consent order resolving class and individual claims in February 2000. For the purposes of the settlement, the plaintiff class was defined as: "(a) All unsuccessful African-American and Hispanic applicants for entry-level jobs as State Troopers who previously applied for such positions in the 114th through 118th State Police Academy classes, or who are currently applicants for entry-level jobs as State Troopers, or who apply for entry-level jobs as State Troopers in the future; and (b) All African-American and Hispanic persons who have been prevented or discouraged from applying for entry-level jobs as State Troopers since January 1993 because of the defendant's college requirement for such positions, or who are currently prevented or discouraged from applying for such positions because of such requirement, or who will be prevented or discouraged from applying for such positions because of any educational requirement above high school."
The consent order called for the State Police to implement reforms in its employment practices. The reforms included the elimination of the college education requirement for at least three years, depending upon its compliance with targeted recruitment ratios, replacing it with the requirement that applicants have either (1) a four-year college degree or (2) an Associate's degree - or the successful (i.e. "C" average) completion of sixty college credit hours - plus at least two years of experience. The State Police also agreed to change its examination procedure and select an alternative examination that had the least adverse impact against Black or Latino candidates. In addition, the State Police agreed to pay $355,000 in damages to the named plaintiffs, as well as attorneys' fees. The order gave the defendants three years to come into compliance, with the possibility of a four-year extension. That time has now passed and the case is now almost certainly closed.
Summary Authors
Dan Dalton (12/29/2006)
Lauren Yu (9/4/2021)
U.S. v. State of New Jersey, District of New Jersey (1999)
Cuff, Mary Catherine (New Jersey)
Borgen, Lori Outzs (District of Columbia)
Gear, Bruce (Maryland)
Farmer, John J. Jr. (New Jersey)
Fields, Sally Ann (New Jersey)
Cuff, Mary Catherine (New Jersey)
Kestin, Howard H. (New Jersey)
King, Michael Patrick (New Jersey)
Shuster, Neil H. (New Jersey)
Last updated Aug. 30, 2023, 1:36 p.m.
Docket sheet not available via the Clearinghouse.State / Territory: New Jersey
Case Type(s):
Key Dates
Filing Date: 1996
Case Ongoing: No reason to think so
Plaintiffs
Plaintiff Description:
(a) All unsuccessful African-American and Hispanic applicants for entry-level jobs as New Jersey State Troopers; and (b) All African-American and Hispanic persons who have been prevented or discouraged from applying for entry-level jobs as New Jersey State Troopers since January 1993 because of a college requirement.
Plaintiff Type(s):
Attorney Organizations:
Public Interest Lawyer: Yes
Filed Pro Se: No
Class Action Sought: Yes
Class Action Outcome: Denied
Defendants
New Jersey State Police, State
Defendant Type(s):
Case Details
Causes of Action:
Title VI, Civil Rights Act of 1964, 42 U.S.C. § 2000d et seq.
Available 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: 355,000
Content of Injunction:
Issues
General:
Discrimination-basis:
Race:
National Origin/Ethnicity: