This case was last updated from U.S. District Courts on 07/27/2022 at 05:17:11 (UTC).

Dowdy et al v. City of New York et al

Case Summary

On July 25, 2022, Dameka Dowdy, Jeffrey Hunter, Sean Milan, Joel Purser, Sandra Castro, Cecelia Rojas, Kevon Chisholm, Richard Ortega, Marisol Concepcion, Robert Tabon, Rasheen Odom, Carmelita Gordon-Fleetwood, and Raymond Pacheco (collectively, “Plaintiffs”), on behalf of themselves and all others similarly situated, represented by Philip H. Seelig of Seelig Law Offices, filed a civil rights lawsuit against the City of New York and the New York City Department of Sanitation (collectively, “Defendants”), seeking injunctive relief and damages for alleged race and sex discrimination. This case was filed in the U.S. District Court for the Southern District of New York.

In the complaint, the plaintiffs claimed, “The New York City Department of Sanitation employs Sanitation Enforcement Agents, under the civil service titles of Sanitation Enforcement Agent (‘SEA’) and Associate Sanitation Enforcement Agent (‘ASEA’) (collectively ‘Enforcement Agents’)”

The plaintiffs alleged, “Sanitation Police enforce the same laws as Enforcement Agents. [...] Sanitation Police and Enforcement Agents both issue summonses, investigate complaints, testify in court, effect arrests, and enforce regulations. [...] Enforcement Agents perform work requiring equal skill, effort, and responsibility under similar working conditions as Sanitation Police.”

Plaintiffs further alleged, “While Enforcement Agents are overwhelmingly minorities, the pool of Sanitation Workers that are used to form the Sanitation Police are, upon information and belief, predominately white and male.” 

The plaintiffs then alleged, “As to compensation, Sanitation Police are paid a higher wage than Enforcement Agents, along with better benefits such as longevity pay, unlimited sick leave, three-quarters of pay accident disability retirement, and 20 or 22 year service retirement.”

Plaintiffs also alleged that “there are numerous other contractual benefits that Sanitation Police receive that Enforcement Agents do not receive, including, but not limited to, assignment differential, double time for Sundays and/or holidays, higher welfare and annuity fund benefits, a higher uniform allowance, and other benefits in their contracts.”

Plaintiffs further alleged that “compensation discrepancies will follow the Enforcement Agents into their retirement as their pensions will be significantly lower due to their lower Final Average Salary upon which their pensions are calculated.”

The plaintiffs also alleged, “In order to qualify for the position of Sanitation Police Officer, DSNY requires that an Enforcement Agent become a Sanitation Worker. The qualifications of a Sanitation Worker include, among other things, the ability to lift and carry bags and cans up to 100 or 150 pounds dozens of times per hour, walking, climbing, pulling, and driving, including having and maintaining a CDL. “

Plaintiffs then alleged, “DSNY’s actions, including requiring that an individual become a Sanitation Worker before being eligible to become a member of the Sanitation Police, act as an artificial barrier to entry. [...] Defendants’ policies and procedures had and continue to have a discriminatory impact on female employees.”

Plaintiffs additionally alleged, “This system has an adverse impact on female employees and is not, and cannot be, justified by business necessity. [...] The wage and benefit disparity between Enforcement Agents and Sanitation Police has a disparate impact on minorities and females.”

Plaintiffs presented nine claims for relief, including claims for the alleged violations of the Equal Pay Act and New York State Equal Pay Laws, race discrimination, and sex discrimination.

In the prayer for relief, the plaintiffs requested permanent injunctive and declaratory relief, and an award for compensatory damages, attorney’s fees, and costs.

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Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    1:22-CV-06284

  • Filing Date:

    07/25/2022

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Civil Right - Employment Discrimination

 

Party Details

Plaintiffs

Dameka Dowdy

Jeffrey Hunter

Sean Milan

Joel Purser

Sandra Castro

Cecelia Rojas

Kevon Chisholm

Richard Ortega

Marisol Concepcion

Robert Tabon

Rasheen Odom

Carmelita Gordon-Fleetwood

Raymond Pacheco

Defendants

New York City Department of Sanitation

CITY OF NEW YORK

Attorney/Law Firm Details

Plaintiff Attorney

Philip Howard Seelig

Attorney at Seelig Law Offices

299 Broadway - Suite 1600

New York, NY 10007

 

Court Documents

1 #1

Main Document

1 #1

Exhibit A - Right to Sue Letters

#2

(#2) CIVIL COVER SHEET filed..(Seelig, Philip) (Entered: 07/25/2022)

#3

(#3) REQUEST FOR ISSUANCE OF SUMMONS as to City of New York, re: #1 Complaint,. Document filed by Sandra Castro, Kevon Chisholm, Marisol Concepcion, Dameka Dowdy, Carmelita Gordon-Fleetwood, Jeffrey Hunter, Sean Milan, Rasheen Odom, Richard Ortega, Raymond Pacheco, Joel Purser, Cecelia Rojas, Robert Tabon..(Seelig, Philip) (Entered: 07/25/2022)

#4

(#4) REQUEST FOR ISSUANCE OF SUMMONS as to New York City Department of Sanitation, re: #1 Complaint,. Document filed by Sandra Castro, Kevon Chisholm, Marisol Concepcion, Dameka Dowdy, Carmelita Gordon-Fleetwood, Jeffrey Hunter, Sean Milan, Rasheen Odom, Richard Ortega, Raymond Pacheco, Joel Purser, Cecelia Rojas, Robert Tabon..(Seelig, Philip) (Entered: 07/25/2022)

 

Docket Entries

  • 07/25/2022
  • View Court Documents
  • Docket(#4) REQUEST FOR ISSUANCE OF SUMMONS as to New York City Department of Sanitation, re: #1 Complaint,. Document filed by Sandra Castro, Kevon Chisholm, Marisol Concepcion, Dameka Dowdy, Carmelita Gordon-Fleetwood, Jeffrey Hunter, Sean Milan, Rasheen Odom, Richard Ortega, Raymond Pacheco, Joel Purser, Cecelia Rojas, Robert Tabon..(Seelig, Philip) (Entered: 07/25/2022)

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  • 07/25/2022
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  • Docket(#3) REQUEST FOR ISSUANCE OF SUMMONS as to City of New York, re: #1 Complaint,. Document filed by Sandra Castro, Kevon Chisholm, Marisol Concepcion, Dameka Dowdy, Carmelita Gordon-Fleetwood, Jeffrey Hunter, Sean Milan, Rasheen Odom, Richard Ortega, Raymond Pacheco, Joel Purser, Cecelia Rojas, Robert Tabon..(Seelig, Philip) (Entered: 07/25/2022)

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  • 07/25/2022
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  • Docket(#2) CIVIL COVER SHEET filed..(Seelig, Philip) (Entered: 07/25/2022)

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  • 07/25/2022
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  • Docket(#1) COMPLAINT against CITY OF NEW YORK, New York City Department of Sanitation. (Filing Fee $ 402.00, Receipt Number ANYSDC-26455617)Document filed by Cecelia Rojas, Rasheen Odom, Sean Milan, Kevon Chisholm, Marisol Concepcion, Jeffrey Hunter, Carmelita Gordon-Fleetwood, Richard Ortega, Joel Purser, Dameka Dowdy, Robert Tabon, Raymond Pacheco, Sandra Castro. (Attachments: #1 Exhibit A - Right to Sue Letters).(Seelig, Philip) (Entered: 07/25/2022)

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