Lawyers' Committee for Civil Rights Under Law
1401 New York Avenue, NW
Suite 400
Washington, DC 20005

For Immediate Release
Contacts:
Kim Alton
(202) 662-8600
September 19 , 2007

Judge Grants Preliminary Approval for Partial Settlement of Historic Union Discrimination Case

(New York, NY) – On September 6, 2007, a federal court granted preliminary approval for a $6.2 million partial settlement for Black and Hispanic sheet metal workers who suffered discrimination by their union. A fairness hearing, in which affected individuals will have an opportunity to comment on the proposed settlement, is scheduled for January 7, 2008. 

Judge Robert L. Carter of the United States District Court for the Southern District of New York granted preliminary approval of the settlement, which would compensate minority members of Local 28 of the Sheet Metal Workers’ International Association in New York City for lost wages for the years 1984 to 1991. The parties have also agreed to significant changes in the job referral system as well as monitoring systems aimed at equalizing members’ access to job opportunities.  Litigation of the remaining claims of union members who suffered discrimination after 1991 continues, while the parties simultaneously engage in settlement negotiations in an effort to obtain a prompt and fair resolution of those claims as well.

The partial settlement was reached through intense negotiations between the plaintiffs and the defendant union Local 28. Government plaintiffs in the case are the United States Equal Employment Opportunity Commission, the State of New York, and the City of New York. The minority members are represented by the Lawyers’ Committee for Civil Rights Under Law in Washington, DC and the New York law firm of Debevoise & Plimpton LLP.

“We are thrilled that our clients are finally on the path to receive compensation for some of the discrimination they suffered,” said Michael L. Foreman, Director of the Employment Discrimination Project of the Lawyers’ Committee. “Without the tireless commitment of our co-counsel at Debevoise & Plimpton, who have devoted significant time and resources to this pro bono case, this outcome would not have been possible.” 

“We are extremely pleased that such a substantial settlement has been preliminarily approved for this set of claims, and we are eager to continue working toward resolution of remaining claims and issues,” said Jyotin Hamid, a partner with Debevoise & Plimpton.

“We hope that these developments are an indication that, with the recent change in leadership, the union has decided, after many years of costly litigation, to instead work with the court and the plaintiffs in obeying the court orders and to begin to resolve the outstanding claims against it,” said Spencer Lewis, New York District Director of the Equal Employment Opportunity Commission.

“This is a significant step forward in what has been a decades-long process to end discrimination against Black and Hispanic members of Local 28 and restore their lost wages,” said Joshua Rubin, Senior Counsel at the New York City Law Department. “We will continue working to ensure good practices at the union going forward and to help others reclaim their compensation.”  

The Lawyers' Committee is a nonpartisan, nonprofit civil rights legal organization, formed in 1963 at the request of President John F. Kennedy to enlist the private bar and the pro bono services of law firms, such as Debevoise & Plimpton, in the enforcement of civil rights. Since its inception, the Lawyers’ Committee has worked as a “private attorney general” by vigorously enforcing civil rights laws in the areas of employment, housing, education, voting rights, environmental justice, and community development. The Lawyers’ Committee represents private parties in federal and state courts throughout the United States in lawsuits against private and governmental entities on behalf of those seeking redress for racial, ethnic, or gender discrimination. For more information, please visit us at www.lawyerscommittee.org.

In addition to enforcing Title VII, which prohibits employment discrimination based on race, color, religion, sex or national origin and protects employees who complain about such offenses from retaliation, the EEOC enforces the Age Discrimination in Employment Act of 1967, which protects workers age 40 and older from discrimination based on age; the Equal Pay Act of 1963, which prohibits gender-based wage discrimination; the Rehabilitation Act of 1973, which prohibits employment discrimination against people with disabilities in the federal sector; Title I of the Americans with Disabilities Act, which prohibits employment discrimination against people with disabilities in the private sector and state and local governments; and sections of the Civil Rights Act of 1991.  Further information about the Commission is available on the agency’s web site at www.eeoc.gov.

The New York City Law Department is one of the oldest, largest and most dynamic law offices in the world, ranking among the top three largest law offices in New York City and the top three largest public law officesin the country.  Tracing its roots back to the 1600's, the Department has an active caseload of 90,000 matters and transactions in 17 legal divisions.  The Corporation Counsel heads the Law Department and acts as legal counsel for the Mayor, elected officials, the City and all its agencies.  The Department's 690 attorneys represent the City on a vast array of civil litigation, legislative and legal issues and in the criminal prosecution of juveniles.  For more information, please visit nyc.gov/law


The Lawyers' Committee is a nonpartisan, nonprofit civil rights legal organization, formed in 1963 at the request of President John F. Kennedy to provide legal services to address racial discrimination.

For more information on the Lawyers' Committee, visit us at www.lawyerscommittee.org



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