United States Second Circuit

In a suit brought by a group of Asian Americans currently or formerly employed as police officers by the Port Authority under Title VII of the Civil Rights Act of 1964, 42 U.S.C. section 2000e et seq., alleging that they were passed over for promotions because of their race, the District Court's judgment is: 1) affirmed in part where the district court properly admitted background evidence predating the onset of the limitations period and that there was sufficient evidence for a reasonable juror to conclude that the Port Authority discriminated against the seven prevailing plaintiffs within the limitations period; and 2) vacated in part where district court erred in a) submitting the pattern-or-practice disparate treatment theory to the jury in this private, nonclass action, b) concluding that the "continuing violation" doctrine applied to the plaintiffs' disparate impact theory so that the jury could award back pay and compensatory damages for harms predating the onset of the statute of limitations.

Appellate Information

• Decided 07/10/2012
• Published 07/10/2012

Judges

• LIVINGSTON

Court

• United States Second Circuit

Counsel