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685 F.3d 135 *; 2012 U.S. App. LEXIS 14088 **; 115 Fair Empl. Prac. Cas. (BNA) 720; 95 Empl. Prac. Dec. (CCH) P44,555; 2012 WL 2760776
HOWARD CHIN, RICHARD WONG, SANRIT BOONCOME, MICHAEL CHUNG, Plaintiffs-Appellees-Cross-Appellants, THE PORT AUTHORITY POLICE ASIAN JADE SOCIETY OF NEW YORK & NEW JERSEY INC., CHRISTIAN ENG, NICHOLAS YUM, ALAN LEW, DAVID LIM, GEORGE MARTINEZ, STANLEY CHIN, MILTON FONG, Plaintiffs-Appellees, -v.- THE PORT AUTHORITY OF NEW YORK & NEW JERSEY, Defendant-Appellant-Cross-Appellee.
Subsequent History: US Supreme Court certiorari denied by Eng v. Port Auth. of Ny & NJ, 2013 U.S. LEXIS 2647 (U.S., Apr. 1, 2013)
Prior History: [**1] Defendant-appellant the Port Authority of New York and New Jersey, Inc. ("Port Authority") and plaintiff-appellants Howard Chin, Richard Wong, Sanrit Booncome, and Michael Chung appeal from a judgment of the United States District Court for the Southern District of New York (Miriam Goldman Cedarbaum, Judge) holding, after a jury trial, that the Port Authority violated Title VII of the Civil Rights Act of 1964 by failing to promote seven plaintiffs, and awarding plaintiffs-appellees Christian Eng, Nicholas Yum, Alan Lew, David Lim, George Martinez, Stanley Chin, and Milton Fong back pay, compensatory damages, and equitable relief. We conclude that the pattern-orpractice method of proving liability was not available to plaintiffs in this private, nonclass action and so REVERSE as to the submission of this theory of liability to the jury. We also REVERSE with respect to the district court's determination that pursuant to the plaintiffs' disparate impact theory, the "continuing violation" doctrine permitted the award of damages and equitable relief in connection with conduct predating the statute of limitations. We therefore VACATE the back pay awards to Eng, Lew, Stanley Chin, and Fong; [**2] VACATE the jury's compensatory damage awards with respect to Eng, Yum, Lew, Lim, Martinez, Stanley Chin, and Fong; VACATE the retroactive promotion of Lew; VACATE the salary and pension adjustments for Lew, Stanley Chin, and Fong; and REMAND to the district court for a new trial on damages as to these plaintiffs and for reconsideration of the equitable relief afforded to them to the extent such relief was premised on failures to promote occurring outside the statute of limitations. With respect to all other issues raised by the parties on appeal, we AFFIRM.
Port Auth. Police Asian Jade Soc'y of N.Y. & N.J., Inc. v. Port Auth. of N.Y. & N.J., 601 F. Supp. 2d 566, 2009 U.S. Dist. LEXIS 24841 (S.D.N.Y., 2009)Port Auth. Police Asian Jade Soc'y of N.Y. & N.J., Inc. v. Port Auth. of N.Y. & N.J., 681 F. Supp. 2d 456, 2010 U.S. Dist. LEXIS 2900 (S.D.N.Y., 2010)
promotion, district court, plaintiffs', disparate impact, awards, limitations period, discriminatory, disparate treatment, statistical, argues, damages, backpay, pattern-or-practice, statute of limitations, discrete act, recommended, disparity, vacate, equitable relief, employment practice, compensatory damages, method of proof, new trial, adverse inference, police officer, qualifications, premised, continuing violation, eligibility, hiring
Labor & Employment Law, Discrimination, Disparate Treatment, Exhaustion of Remedies, Civil Actions, Exhaustion of Remedies, Right to Sue Letters, Evidence, Admissibility, Expert Witnesses, Civil Procedure, Appeals, Standards of Review, Abuse of Discretion, Trials, Judgment as Matter of Law, General Overview, Judgments, Relief From Judgments, Motions for New Trials, De Novo Review, Filing of Charges, Questions of Fact & Law, Title VII Discrimination, Scope & Definitions, Employment Practices, Pattern & Practice, Evidence, Burdens of Proof, Adverse Employment Actions, Remedies, Burdens of Proof, Ultimate Burden of Persuasion, Disparate Impact, Statistical Evidence, Statute of Limitations, Retaliation, Weight & Sufficiency, Burden Shifting, Racial Discrimination, Employee Burdens of Proof, Statute of Limitations, Begins to Run, Continuing Violations, Time Limitations, Demotions & Promotions, Remedies, Damages, Remands, Reversible Errors, Procedural Matters, Rulings on Evidence, Judicial Officers, Judges, Discretionary Powers, Allocation, Jury Trials, Jury Instructions, Requests for Instructions, Relevance, Preservation of Relevant Evidence, Spoliation, Discovery & Disclosure, Discovery, Misconduct During Discovery