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NAACP wins court victory in East Haven suit
By Anika Singh
In what the NAACP is calling "a significant step" towards boosting the
representatation of African Americans in East Haven's municipal and education
positions, U.S. District Court Judge Peter C. Dorsey ruled on Wed., Mar. 25,
that the town of East Haven must reform its hiring practices to overcome "a
perception in the black community that the town is closed to black
employment."
Although Dorsey found no "purposeful" discrimination, he concluded that "it is
psychologically forboding for a black to seek jobs in dominantly, if not
exclusively, white employment ranks." While African Americans make up 17
percent of East Haven's population, of 309 municipal workers, only one, a
welfare director, is African American and of 416 school board employees, two
are African American.
Roger Vann, president of the Greater New Haven NAACP, lauded the decision as a
major step towards changing the demographics of the city's workforce. "Whether
[he thought] the discrimination was intentional or unintentional the judge is
asking the town to do exactly what we wanted it to do," Vann said. The NAACP's
1993 suit was filed when an African American applicant who placed first on the
civil service test was not given a job with the city.
NAACP lawyers decried "the overwhelming paucity of African American hires" and
testified that the city's environment was unfriendly to minority applicants.
"The focus we put on negative perceptions [and] stories of harassment
...essentially worked together to bring the decision that there had been
sufficient discouragement to even apply [for city jobs]."
Beyond the numbers, Joshua N. Rose, an NAACP attorney in Washington, D.C.,
pointed to an existing "stigma in the community" that keeps minorities from
applying because they feel that they will not be seriously considered for
positions. The NAACP also attacked what Vann labeled "a patronage system" that
keeps whites in municipal posts.
The court is now left to consider what specific actions the town must take in
order to remedy its hiring practices. The NAACP has proposed a series of
initiatives to boost minority recruitment. The town has until next week to
respond to these initiatives. According to Hugh Keefe, attorney for the town
of East Haven, the NAACP has "requested nothing that wasn't already being done"
Keefe said. The town is willing to advertise municipal and school job offerings
on minority radio stations, search for applicants through minority
organizations, and personally approach individuals and groups to apply for
jobs. Such actions are similar to those proposed by the NAACP.
Vann expressed hope that such action would result in a more diverse work force
in East Haven but stressed that substantive change may not occur for some time.
"This is where the rubber hits the road," he said. "We'll have to encourage
people on our side to be Jackie Robinsons and break down the color line.
Hopefully in my lifetime we'll see a much more diverse workforce." He expressed
concern, however, with the difficulty with which change must be realized,
cautioning that similar suits in New Jersey and Cleveland, Ohio have yielded
mixed results. "Some towns have seen significant increases, others have not.
You can't legislate or mandate from the court bench how people feel."
Despite the ruling, Keefe said that both he and East Haven mayor Joseph
Maturo, Jr. were pleased with the ruling. According to Keefe, the NAACP's
claims that there had been intentional discrimination were "forcefully
rejected" in the text of Judge Dorsey's ruling, and the evidence presented
concerning specific incidents of discrimination was deemed unconvincing. "There
is no evidence at all of discrimination in the history of the town," he said.
In fact, Keefe alleged that there was no basis at all for the suit, and that
the NAACP entered the court battle "for the money." As part of the settlement,
the NAACP has demanded that East Haven subsidize its legal fees. The exact
amount for which the NAACP lawyers will file has not yet been disclosed, but
the suit has already cost the town well over $200,000 in its own legal fees.
Vann and Rose dismissed Keefe's attacks as attempts to steer attention away
from the ruling. "It is clear that the town of East Haven had to pay Mr. Keefe
and a team of 14 people close to $250,000 to resolve an issue that could have
been resolved cheaply years ago," Vann said.
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