The U.S. Supreme Court’s controversial decision last month striking down class certification for women employees charging gender bias at Wal-Mart stores did little to change the approach of Eastern District Judge Nicholas G.Garaufis as he moves forward in the remedial phase in a discrimination case against the New York City Fire Department.
Judge Garaufis on Friday denied the city’s motion to retroactively decertify a liability-phase class in light of the Court’s June 20 ruling in Wal-Mart Stores Inc. v. Dukes, 10-277. The judge also certified non-hire and delayed-hire subclasses as to common remedial issues for plaintiffs who claim that two firefighter exams discriminated against minority applicants.
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