Pauley, Judge William H., III

English

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Consent Decrees Labor and Employment Law Program 
9-30-2010 
United States of America v. City of New York and New York City 
Department of Transportation 
Judge William H. Pauley III 
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United States of America v. City of New York and New York City Department of 
Transportation 
Keywords 
United States of America, City of New York, New York City Department of Transportation, 07 Civ. 2083 
(WHP)(HP), Consent Decree, Disparate Treatment, Hiring, Sex, Female, Transportation, Employment Law, 
Title VII 
This article is available at DigitalCommons@ILR: https://digitalcommons.ilr.cornell.edu/condec/301 
Case 1:07-cv-02083-WHP Document 87 Filed 09/30/10 Page 1 of 8 
UNITED STATES DISTRICT COURT 
SOUTHERN DISTRICT OF NEW YORK 
UNITED STATES OF AMERICA, 
Plaintiff, 
CITY OF NEW YORK and NEW YORK CITY 
DEPARTMENT OF TRANSPORTATION, 
Defendants. 
USDC SDNY 
DOCUMENT 
ELECTRONICALLY FILED 
DOC#: 
DATE FILED: 7(^> 
07 Civ. 2083 (WHP)(HP) 
ECF Case 
STIPULATION AND O R D E R OF 
SETTLEMENT W I T H R E S P E C T 
TO VICTIM-SPECIFIC R E L I E F 
WHEREAS, on March 12, 2007, plaintiff the United States of America 
filed a complaint in this action (the "Complaint"), alleging that the New York City 
Department of Transportation (the "Department of Transportation" or "DOT") and 
the City of New York (the "City) (collectively, the "Defendants") engaged in a 
pattern or practice of employment discrimination by refusing to hire qualified 
female applicants for the position of Bridge Painter on the basis of their sex, in 
violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e ("Title 
VII"); and 
WHEREAS, the Complaint seeks (i) injunctive relief with respect to the 
Department of Transportation's hiring policies, procedures and practices with 
respect to the Bridge Painter position, and (ii) equitable relief for female 
applicants for the position of Bridge Painter who were victims of employment 
discrimination by Defendants; 
WHEREAS, on June 27, 2007, the Court approved the request of four 
female applicants for the Bridge Painter position - Joann Rush, Helen Jackson, 
Efrosini Katanakis, and Luzia Oliskovicz (collectively, the "Claimants") - and 
Case 1:07-cv-02083-WHP Document 87 Filed 09/30/10 Page 2 of 8 
Local Union No. 806 (collectively with the Claimants, the "Intervenors") to 
intervene in this action; and 
WHEREAS, on July 2, 2009, the Court granted Defendants' motion for 
summary judgment insofar as it pertained to the claims of the Intervenors and 
dismissed such claims; and 
WHEREAS, a bench trial was held on the United States' claims from 
October 13 to October 19, 2009 before the Court; and 
WHEREAS, on May 13, 2010, the Court issued an Opinion and Order 
(the "Decision" or "Trial Op.") [Dkt. No. 73], holding that "the United States 
established its pattern-or-practice disparate treatment claim," see Trial Op. at 39, 
but "reserve[d] final judgment with respect to [the United States' requests] for 
individual hiring and compensatory relief pending further briefing from the 
parties," see Trial Op. at 42; and 
WHEREAS, on May 28, 2010, the Court entered partial judgment 
pursuant to Federal Rule of Civil Procedure 54(b) (the "Partial Judgment") and 
issued a Compliance Injunction (the "Injunction") [Dkt. Nos. 76 and 75], setting 
forth requirements regarding the Department of Transportation's policies, 
procedures, and practices for hiring for the Bridge Painter position; and 
WHEREAS, on June 25, 2010, Defendants filed a Notice of Appeal from 
the Partial Judgment, which appeal is currently pending before the United States 
Court of Appeal for the Second Circuit (the "Appeal"); and 
WHEREAS, the United States and Defendants have submitted 
supplemental briefing with regard to the appropriate equitable relief; and 
2 
Case 1:07-cv-02083-WHP Document 87 Filed 09/30/10 Page 3 of 8 
WHEREAS, on or about August 6, 2010, the Department of 
Transportation offered Ms. Katanakis a provisional appointment to the position of 
Bridge Painter; and 
WHEREAS, Ms. Katanakis commenced employment with DOT as a 
provisional Bridge Painter on September 7, 2010; and 
WHEREAS, the United States and Defendants wish to consensually 
resolve the claims in this action for victim-specific relief, so as to avoid further 
protracted litigation regarding the victim-specific relief and to preserve judicial 
resources; 
NOW, THEREFORE, IT IS STIPULATED, AGREED AND ORDERED 
that: 
1. In full and complete satisfaction of the claims of the United States in 
this action for victim specific relief on behalf of the Claimants, the Defendants 
shall offer the following backpay relief: 
a. A monetary award of two hundred fifty thousand dollars 
($250,000), subject to the applicable deductions for federal, state and 
local withholding taxes on the monetary award as required by law, to 
Helen Jackson; 
b. A monetary award of two hundred fifty thousand dollars 
($250,000), subject to the applicable deductions for federal, state and 
local withholding taxes on the monetary award as required by law, to 
Joann Rush; 
c. A monetary award of two hundred and fifty thousand dollars 
($250,000), subject to the applicable deductions for federal, state and 
3 
Case 1:07-cv-02083-WHP Document 87 Filed 09/30/10 Page 4 of 8 
local withholding taxes on the monetary award as required by law, to 
Luzia M. Oliskovicz; and 
d. A monetary award of two hundred and fifty thousand dollars 
($250,000), subject to the applicable deductions for federal, state and 
local withholding taxes on the monetary award as required by law, to 
Efrosini Katanakis. 
2. Within ten (10) days after the date of entry of this Stipulation and 
Order, the Defendants shall notify the Claimants of its terms by mailing to each, 
in care of their counsel, via certified mail, a notification letter in the form set forth 
in Appendix A (the "Appendix A letters"). Enclosed with the Appendix A letters 
shall be (1) the form attached as Appendix B, (the "Release of Claims Form"); (2) 
forms W-4 and IT 2104, attached as Appendix C; (3) an Affidavit Concerning 
Liens, in the form attached as Appendix D; and (4) a copy of this Stipulation and 
Order. 
3. Only those Claimants who sign, notarize, and return the Release 
of Claims Form and the Affidavit Concerning Liens, as well as return completed 
and executed Forms W-4 and IT 2104 to the Defendants shall be eligible for the 
individual relief described in paragraph 1 of this Stipulation and Order. Any 
Claimant who does not return the aforementioned documents to the Defendants 
within sixty days of the date of mailing, absent a showing of good cause, shall be 
deemed to have waived her entitlement to relief under this Stipulation and Order. 
The determination that a Claimant has shown good cause shall be within the sole 
discretion of the Court. 
4 
Case 1:07-cv-02083-WHP Document 87 Filed 09/30/10 Page 5 of 8 
4. The Defendants shall provide the United States with a copy of 
each of the executed Release of Claims Form, the Forms W-4 and IT 2104 and the 
Affidavit Concerning Liens within ten (10) days of their receipt thereof. 
5. Within a reasonable period of time from the date of their receipt of 
the Release of Claims Form, the Forms W-4 and IT 2104 and the Affidavit 
Concerning Liens from a Claimant, the Defendants shall mail to that Claimant a 
check made payable to her in the amount set forth in paragraph 1 of this 
Stipulation and Order. The Defendants will issue the appropriate tax documents 
to each Claimant within the time required by law. The Claimants will be 
responsible for paying any income taxes due on the payments that they receive 
from the Defendants. Nothing in this paragraph shall be construed as a waiver by 
the Defendants of any right that they may have to challenge, in an appropriate 
forum, the necessity of withholding employer taxes or employer contributions for 
the backpay awards. 
6. At the time of a payment to a Claimant pursuant to this 
Stipulation and Order, the Defendants shall provide the United States with notice 
of the payment having been made to that Claimant. 
7. Within three (3) days after the entry of this Stipulation and 
Order, Defendants and the United States shall submit a joint stipulation to the 
United States Court of Appeal for the Second Circuit, stipulating to the 
withdrawal of the Appeal, in the form attached as Appendix E. 
8. Nothing contained herein shall limit, affect or modify the 
Compliance Injunction or the Defendants' obligation to comply in all respects with 
the Compliance Injunction. 
5 
Case 1:07-cv-02083-WHP Document 87 Filed 09/30/10 Page 6 of 8 
9. Defendants agree to forever forfeit and waive their right to 
challenge, in any manner, in any respect and at any time, the liability 
determination set forth in the Court's Decision. 
10. Nothing in this Stipulation and Order shall bar the Defendants 
from applying to the district court for a modification of the terms of the 
Compliance Injunction; provided however, that as set forth in paragraph 9, the 
Defendants have waived any challenge to the liability determination set forth in 
the Court's Decision and provided further, however, that unless the Defendants 
obtain the consent of the United States to such a modification, any such 
application for modification of the terms of the Compliance Injunction shall be 
made in writing, shall be served upon the United States at least 30 days in 
advance of any hearing scheduled with respect to the application, and shall 
provide the United States with at least 14 days to file its response to the 
application for a modification. 
11. The United States and the Defendants shall bear their own costs 
and fees in this action, except that the parties shall retain the right to seek costs 
and fees for any matter which, in the future, may arise from this Agreement or 
from the Compliance Injunction and require resolution by the Court. 
12. Nothing contained in this Stipulation and Order shall be deemed 
to constitute a policy or practice of the New York City Department of 
Transportation, the City of New York, or any of its constituent agencies. 
6 
Case 1:07-cv-02083-WHP Document 87 Filed 09/30/10 Page 7 of 8 
13. The United States and Defendants understand and agree that 
this Stipulation and Order contains the entire agreement between them, and that 
no statements, representations, promises, agreements, or negotiations, oral or 
otherwise, between the parties or their counsel that are not included herein shall 
be of any force or effect. 
Dated: New York, New York 
September J2 2010 
PREET BHARARA 
United States Attorney 
Dated: New York, New York 
September __, 2010 
MICHAEL A. CARDOZO 
Corporation Counsel of the City 
of New York 
By: 
JEANNETTE A. VARGAS 
ALLISON D. PENN 
LI YU 
Assistant United States Attorneys 
86 Chambers Street, 3 rd Floor 
New York, New York 10007 
Tel: (212) 637-2678 
Counsel for the United States 
BRUCE ROSENBAUM, Esq. 
Assistant Corporation Counsel 
New York City Law Department 
100 Church Street 
New York, New York 10007 
Tel: (212) 788-0857 
Counsel for Defendants 
SO ORDERED: 
*w^y- - iM* 
HONORABLE WILLIAM H. PAULEY, III 
UNITED STATES DISTRICT JUDGE 
7 
Case 1:07-cv-02083-WHP Document 87 Filed 09/30/10 Page 8 of 8 
UNITED STATES COURT OF APPEALS 
FOR THE 
SECOND CIRCUIT 
At a stated Term of the United States Court of Appeals for the Second Circuit, held at the 
Daniel Patrick Moynihan United States Courthouse, 500 Pearl Street, in the City of New York, 
on the day of September , two thousand and ten 
UNITED STATES OF AMERICA, 
Plaintiff, 
- v - STIPULATION 
CITY OF NEW YORK and NEW Docket Number: 10-2627 
The undersigned counsel for the parties stipulate that the above-captioned case is withdrawn 
without costs and without attorneys' fees pursuant to FRAP 42(b). 
Date: 
Attorney for Appellant 
MICHAEL A. CARDOZO, Corporation Cc 
Print Name and Firm 
Date: 
Attorney for Appellee 
PREET BHARARA, United States Attorne 
Print Name and Firm 


United States of America v. City of New York and New York City Department of Transportation

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United States of America v. City of New York and New York City Department of Transportation

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