NOTICE OF ENTRY OF CONSENT DECREE
On November 30, 2009, a Consent Decree resolving a lawsuit between the United States and the City of Dayton, Ohio was entered by the Court. As a result, you may be eligible for monetary relief and/or consideration for hire as an entry-level police officer or firefighter with the City of Dayton, with a retroactive hire date.
The Consent Decree settles a lawsuit filed by the United States in the federal District Court for the Southern District of Ohio. In the lawsuit, the United States alleged that the City engaged in employment practices that violated Title VII of the Civil Rights Act of 1964 (“Title VII”). In particular, the United States alleged that the City’s use of a written examination for police officer, and the City’s requirement that firefighter applicants possess Emergency Medical Technician-Basic and Firefighter I and II certification at the time they apply, disproportionately excluded African Americans from employment as police officers and firefighters, and that these requirements had not been shown to be job related and consistent with business necessity, as required by federal law.
The City denies that any of its selection practices for police officer or firefighter have discriminated against African Americans. However, in order to resolve this lawsuit without further litigation, the United States and the City have voluntarily entered into a “Consent Decree” settling the lawsuit.
The terms of the Consent Decree include an agreement by the City that in the future it will not use the written police officer examination it used in 2006, and it will no longer require firefighter candidates to possess Emergency Medical Technician-Basic and Firefighter I and II certification at the time they apply. In addition, the City has agreed to consider for possible employment as police officers and firefighters individuals who were adversely affected by the City’s use of its 2006 written police officer examination and its Emergency Medical Technician-Basic and Firefighter I and II minimum qualifications, if these individuals would have otherwise been qualified and meet current lawful requirements for the position. If hired, these individuals could be awarded retroactive hire dates based on the hire dates of individuals who took the 2006 written police officer examination or the hire dates of individuals who took the City’s 2005 professional firefighter examination. The City also has agreed to provide $450,000 in a Settlement Fund to be distributed among African-American individuals who were affected by the City selection procedures alleged to be unlawful and four identified African-American police officers hired in 2008, who will also receive monetary relief and/or retroactive seniority, because they were not hired earlier, in 2007.
You may be eligible for relief if you are African American and you: (1) took the 2006 written examination for employment as an Dayton entry-level police officer and failed that examination; or (2) you applied for a Dayton firefighter position in 2004 or 2005 and met all of the minimum requirements other than having certification as an Emergency Medical Technician-Basic and/or as a Firefighter I and II, and you were disqualified because you did not have these certifications; or (3) you would have applied for a Dayton firefighter position in 2004 or 2005 and met all of the minimum requirements other than having certification as an Emergency Medical Technician-Basic and/or as a Firefighter I and II, and you did not apply for a firefighter position because you did not have these certifications.
If you believe you are entitled to relief and wish to request hiring and/or monetary relief under the terms of the settlement, you should fill out the Interest In Relief Form and return it by mail no later than January 14, 2010 to:
Barbara E. Thawley
Employment Litigation Section
U.S. Department of Justice
Civil Rights Division
PHB, Room 4928
950 Pennsylvania Avenue, NW
Washington, DC 20530
The Interest in Relief Form is available electronically and a paper copy may be obtained from the City of Dayton Law Department located on the 3rd Fl. of City Hall, 101 W. Third St. Dayton, OH 45402.
If you have any questions about how to submit a claim, you may consult with an attorney of your own choosing and at your own expense, or you may call the Employment Litigation Section of the Civil Rights Division of the Department of Justice at 1-800-556-1950 (mailbox #9.) If you do call this number, please leave your name, address and telephone number and a time when you can be reached.
SUBMITTING THE CLAIM FORM BY January 14, 2010, DOES NOT GUARANTEE THAT YOU ARE ENTITLED TO OR WILL RECEIVE ANY RELIEF. HOWEVER, IF YOU FAIL TO FILE A CLAIM FORM BY JANUARY 14, 2010 YOU MAY BE BARRED FROM OBTAINING RELIEF.