University of Michigan Law School
Civil Rights Litigation Clearinghouse
new search
view search results
page permalink
Case Name Chalmers v. New York EE-NY-0297
Docket / Court 1:20-cv-03389 ( S.D.N.Y. )
State/Territory New York
Case Type(s) Equal Employment
Case Summary
Fire protection inspectors (FPIs) and associate fire protection inspectors brought this class-action suit against the Fire Department of New York (FDNY), alleging that the Department engaged in racial discrimination by compensating FPIs and Building Inspectors (BIs) at different rates. FPIs and BIs ... read more >
Fire protection inspectors (FPIs) and associate fire protection inspectors brought this class-action suit against the Fire Department of New York (FDNY), alleging that the Department engaged in racial discrimination by compensating FPIs and Building Inspectors (BIs) at different rates. FPIs and BIs tend to perform similar duties and have similar education levels, but a larger percentage of FPIs are non-white (70%) than BIs (50%). The plaintiffs argued that FDNY racially discriminates against Black and other non-white FPIs by under-compensating them, in terms of their salaries as well as their retirement packages and overtime pay. The plaintiffs further contended that FDNY's discrimination against FPIs is part of a larger pattern racial discrimination within the FDNY, including the disparate treatment of sub-groups within the department that tend to be composed of a larger proportion of white people like fire fighters and emergency medicine technicians as compared to FPIs, who tend to be people of color.

The suit was brought on behalf of one main class and an additional subclass. The main class included all FPIs and associate FPIs who had worked for the Department at any time between three years prior to time between when the complaint was filed and when the class is certified. The plaintiffs also brought claims on behalf of a sub-class of individuals who do not self-identify as white and who have been employed by the City as FPIs or associate FPIs any time between three years prior to the time the complaint was filed and the date the subclass is certified. The plaintiffs filed suit for disparate impact on behalf of the class under 42 U.S.C. §§ 1981 and 1983 and disparate treatment under Title VII and under the New York City Human Rights Law. The plaintiffs also brought disparate impact claims for the subclass under Title VII and the New York City Human Rights Law.

The case was assigned to U.S. District Court Judge Analisa Torres. The City of New York filed a motion to dismiss on September 21, 2020, but the parties began the early stages of discovery soon after.

As of November 8, the case remains open.

Gabrielle Simeck - 11/08/2020


compress summary

- click to show/hide ALL -
Issues and Causes of Action
click to show/hide detail
Issues
Constitutional Clause
Equal Protection
Defendant-type
Fire
Discrimination-area
Other Conditions of Employment (including assignment, transfer, hours, working conditions, etc)
Pay / Benefits
Discrimination-basis
Race discrimination
General
Disparate Impact
Disparate Treatment
Plaintiff Type
City/County Plaintiff
Race
Black
Causes of Action 42 U.S.C. § 1981
42 U.S.C. § 1983
State law
Title VII (including PDA), 42 U.S.C. § 2000e
Defendant(s) City of New York
Plaintiff Description Persons who have been employed as fire protection inspectors or associate fire protection inspectors. The plaintiffs also seek to certify a subclass of all people who do not self-identify as white and who have been employed by the City as fire protection inspectors or associate fire protection inspectors in the FDNY.
Class action status sought Yes
Class action status granted Pending
Filed Pro Se No
Prevailing Party None Yet / None
Public Int. Lawyer No
Nature of Relief None yet
Source of Relief None yet
Filed 05/01/2020
Case Ongoing Yes
Additional Resources
click to show/hide detail
  See this case at CourtListener.com (May provide additional documents and, for active cases, real-time alerts)
Court Docket(s)
S.D.N.Y.
11/06/2020
1:20-cv-03389-AT
EE-NY-0297-9000.pdf | Detail
Source: PACER [Public Access to Court Electronic Records]
General Documents
S.D.N.Y.
05/01/2020
Complaint Class Action [ECF# 1]
EE-NY-0297-0001.pdf | Detail
Source: PACER [Public Access to Court Electronic Records]
show all people docs
Judges Torres, Analisa Nadine (S.D.N.Y.) show/hide docs
EE-NY-0297-9000
Plaintiff's Lawyers Berman, Matthew (New York) show/hide docs
EE-NY-0297-0001 | EE-NY-0297-9000
Kane, Sara W. (New York) show/hide docs
EE-NY-0297-0001 | EE-NY-0297-9000
Lieder, Michael D. (District of Columbia) show/hide docs
EE-NY-0297-0001 | EE-NY-0297-9000
Mehri, Cyrus (District of Columbia) show/hide docs
EE-NY-0297-0001 | EE-NY-0297-9000
Rich, Aisha (District of Columbia) show/hide docs
EE-NY-0297-0001 | EE-NY-0297-9000
Valli, Robert J (New York) show/hide docs
EE-NY-0297-0001 | EE-NY-0297-9000
Defendant's Lawyers Croushore, Amanda Christine (New York) show/hide docs
EE-NY-0297-9000

- click to show/hide ALL -

new search
view search results
page permalink

- top of page -