Topping the list is:
"$160 million – McReynolds, et al. v. Merrill Lynch & Co.
The largest settlement of 2013 has its roots eight years earlier, when in 2005, broker George McReynolds accused Merrill Lynch & Co. of giving white brokers more lucrative accounts while denying black employees equal pay and career advancement opportunities. McReynolds filed a lawsuit on behalf of 700 black brokers who worked for Merrill. Before the suit was settled out of court in August, it had seen two appeals in the Supreme Court and survived Merrill Lynch's acquisition by Bank of America in 2009." (link)
It is also gratifying to see a case I worked on for several years with my prior firm at #8.
"$3.1 million – Easterling, et al. v. State Of Connecticut, Department Of Correction
Similar to the Chicago case, this suit alleged that the a physical fitness test composed of a 1.5 mile run required by the Connecticut Department of Corrections was not a business need, and that it discriminated against female candidates. As a result over 200 women who applied for a Correction Officer position in 2004 o4 2006, were certified for the class. The settlement was finalized in July." (link)
(*small correction to IC - the Easterling class totaled 124 class members not 200)
The commissioner, Daniel Nigro, struck the right tone at his appointment ceremony last week when he promised to end racial injustice in a department with more than 15,000 employees. “We must no longer wait for a judge’s ruling to tell us what fairness means,” he said. “We must get out front. We must point the way to change.” He also acknowledged that integrating the department — which is about 83 percent white in a majority-minority city — would be “a great challenge.”
. . .
Mr. Nigro clearly knows the department from the ground up. He joined in 1969 and took over the command of rescue operations on Sept. 11, 2001, when the chief of the department was killed at the World Trade Center. His long experience gives him instant credibility with the rank-and-file. It will not be easy to end discrimination in a department that has been a bastion of white male privilege for nearly 150 years. (link)
The new NYC Fire Department commissioner promised Friday to break from the Department's past history of racial exclusion in hiring.
From the NY Times:
"The new commissioner of the New York Fire Department vowed on Friday to put an end to an era of lawsuits and court orders over the department’s persistent lack of diversity and to lead an effort to attract more minorities.
. . .
Flanked by diverse members of the newest class of recruits, Mr. Nigro, 65, described expanding diversity in the department, whose members are still about 87 percent white, as “a great challenge,” but one he would actively pursue.
“We must no longer wait for a judge’s ruling to tell us what fairness means,” he said. “We must get out front. We must point the way to change.” (link)
In March, the De Blasio administration agreed to settle a class action lawsuit alleging race discrimination in hiring by the NYC Fire Department against African-American and Latino applicants for approximately $100 million in relief to the class.
As the district court found, the NYC Fire Department's history of excluding black applicants was profound:
"Black residents make up 25.6% of New York City’s population; when this case was filed in 2007, black firefighters accounted for only 3.4% of the Department’s force. In other words, in a city of over eight million people, and out of a force with 8,998 firefighters, there were only 303 black firefighters. This pattern of underrepresentation has remained essentially unchanged since at least the 1960s." (link)
As the Second Circuit also observed, this discrimination is nothing recent, and the instant case was not the first time the department had been sued for the same reason:
"Even after [a] 1973 determination that [the NYC Fire Department] hiring exam was invalid because of a racially disparate impact the City’s percentage of black entry level firefighters has remained at or below 4 percent for several decades, and the current percentage of 3.4 percent compares woefully 20 to the 16.6 percent achieved by the city’s Police Department and the 21 61.4 percent achieved by the City’s Corrections Department." (link)
Only time will tell if the NYC Fire Department takes real steps to increase racial diversity and avoid future civil rights litigation.