United States v. City of New York

May 15, 2006 -

 

A Federal Court consent decree, signed on May 12, 2006, brings to a close a case filed in 2001 by the U.S. Justice Department €“ the U.S. Attorney for the Southern District of New York €“ on behalf of women who had complained of being sexually harassed by supervisors at the City's Work Experience Program (WEP), a welfare work program that serves 12,000.

The consent decree underscores a landmark, 2004 Second Circuit Court of Appeals decision that recognized workfare participants' protection under Title VII, the federal civil rights law that bans workplace discrimination and harassment.

The decision also rejected the City's earlier claims that workfare participants were not employees and therefore not protected by Title VII (the basis of the City's attempt to have the case dismissed in 2001).

In addition to monetary settlements to the plaintiffs, the decree obligates the City to inform all WEP participants and all employees at City agencies that employ WEP workers of the Title VII protection.

We are pleased that the City will compensate the women who complained of harassment and take steps to prevent the harassment of the extremely vulnerable women who participate in the City's WEP program" said Senior Staff Attorney Timothy Casey.

Back-story:
Following the 2001 filing, the women, represented by their own counsel, joined as co-plaintiffs with the United States Department of Justice. Legal Momentum, a women's legal rights and advocacy organization headquartered in New York, represents one of the plaintiffs, Tammy Auer, together with attorney, Daniel D. Leddy, Jr.

In 2005 the United States Supreme Court refused the City's request that it review the Second Circuit's ruling, and the case returned to the New York federal district court.

Download a copy of the consent decree

Contact:
Maureen McFadden
Communications
Legal Momentum
646-325-4795