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98-2172, 98-2375, 98-2376, 98-2377, 98-2378, 98-2379, 98-2381 and 00-2893 Bishop, et al. v. Gainer, et al.

By: dmc-admin//December 10, 2001//

98-2172, 98-2375, 98-2376, 98-2377, 98-2378, 98-2379, 98-2381 and 00-2893 Bishop, et al. v. Gainer, et al.

By: dmc-admin//December 10, 2001//

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“In this case, the class won a victory. The court found that the class was discriminated against in the first of seven steps required for employment with the ISP – the written examination. The court ordered that the class members should be allowed to reapply and should be deemed to have passed the written entrance examination. They were to be allowed to proceed to the next steps in the employment process. The court recognized that their success in the next steps was not certain. The class members, in other words, did not win the race. They won the right to jump the first hurdle. We note again that there were 5,000 class members with claims going back to 1975. It is not even remotely likely that all would have been hired. Determining back pay awards for the class would have been a ludicrous task. Given that, and that the judge had made quite clear from the outset that he was not going to consider monetary awards for the unnamed class members, and that what the class won was a free pass on one of seven steps in the process, refraining from considering back pay awards was not a violation of the central purpose of Title VII.”

Affirmed.

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