Jury Awards $500K in Discrimination Case

by Melissa Bailey | December 20, 2007 3:04 PM | | Comments (5)

cookie.jpgA jury has awarded $500,000 to a man who was turned down for a job in the city public works department. The city, which waived an offer to settle at a fraction of that cost, vowed to appeal.

Wrapping up a trial in New Haven Superior Court Wednesday, a jury found that members of the city public works department violated the constitutional rights of Casper Vollero Jr. when they turned him down for a laborer position in 2003. Vollero, who is white and lives in North Haven, filed an age and race discrimination suit after he was passed over for the job in favor of two younger black and Hispanic applicants.

Vollero, who’s 63, wept in relief upon hearing the verdict, according to his attorney, Diane Polan (pictured above). (Click here to read her statement on the ruling). Vollero currently works for the city parks department.

The case was directed against City Engineer Richard Miller, who was formerly the director of public works, and two other public works supervisors at the time, Charles Redd and Richard Christiansen.

“In this case, the jury found that Mr. Vollero was the victim of illegal race discrimination because the Public Works department maintained an unwritten quota system, in which one-third of the jobs went to white applicants, one-third went to black applicants and one-third went to Hispanic applicants,” Polan wrote in a press statement.

Polan laid into the city for wasting taxpayers’ money by refusing to settle the case for a fraction of the amount the jury awarded.

In a recent meeting, the city’s Litigation Settlement Committee had the chance to settle the case for $60,000. In a 3-1 decision, the committee voted not to approve that settlement.

Those who voted against the settlement “felt it was a winnable case,” explained mayoral spokeswoman Jessica Mayorga. Then the jury awarded a settlement of about nine times that amount: $500,000 in compensatory and punitive damages, plus legal fees. The suit is filed against the defendants as individuals. Mayorga said the city would have had to pay the entire $60,000 of a settlement, but if it has to pay a $500,000 judgment, it would share the cost with the defendants.

“As a New Haven resident and a taxpayer, I find it distressing that the City continues to make bad and costly decisions when it comes to settling lawsuits,” Polan wrote in the press statement.

Mayorga said the city will “definitely appeal” the decision. “We feel it is certainly an excessive amount, and we do not agree with the ruling,” she said.







Comments

Posted by: WEBbloger 1 | December 20, 2007 10:24 PM

"As a New Haven resident and a taxpayer, I find it distressing that the City continues to make bad and costly decisions when it comes to settling lawsuits," Polan wrote in the press statement.

Ditto, I agree. Stressed out too.

"In a recent meeting, the city's Litigation Settlement Committee had the chance to settle the case for $60,000. In a 3-1 decision, the committee voted not to approve that settlement".

Now the litigation settlement committee made up of at least two aldermen, Perez and Depino are making decisions for the Corporation Counsel.


Posted by: Gary Doyens | December 21, 2007 7:02 AM

It seems some of the members of the Litigation Committee were not present when this decision was made - aren't there more than four members? Secondly, why do we defend discrimination? If the evidence shows this type of quota system was in place in public works, what made the members feel this was defensible? Why is the person responsible for this behavior still on city payroll? Where was HR Director Tina Burgette while this was going on? Drafting the mayor's payraise paperwork? Is there a qouta system anywhere in city government now?

Lots of questions - all answered by "oops" by the queen of censorship. That's not saying much.

The Litigation Committee is currently reviewing the Anastasio Family's demand for special treatment on their property taxes - half a million dollars worth - that they don't want to pay. In fact, they don't want to pay a dime and are using their political connections to the mayor and threats of a lawsuit against the city to get that done by claiming they're a railroad company on tractor trailer wheels.

The discrimination case should have been settled and the Anastasio's should pay their fair share. These two cases represent a million dollars. If the handling of these two cases is representative of how the corporation counsel's office thinks and operates, taxpayers are in for a rough year. Didn't DeStefano Administration just upgrade this office? Sounds like more of the same.

Posted by: Sins of New Haven [TypeKey Profile Page] | December 21, 2007 9:30 PM

Certainly not the first and most assuredly not the last time the City passes on the cost to taxpayers. We literally pay for their sins. You have to blame Human Resources and Tine Burgett Directly. Check the job posting by HR:
http://www.cityofnewhaven.com/HumanResources/CityJobPostings.asp

A feeble attempt by Burgett, claiming a junior analyst is needed to sort out the mess that that department really is. Another Executive Management position is the last thing that office needs. What it needs is a competent director, one who not only knows the laws, rules, regulations and Charter but actively upholds them in their entirety. Instead we get a sin factory that is very damaging to employees, the general fund and the taxpayers.

I say good for you Casper. And to Diane - I agree, it's a sin that the City makes us all pay.

Posted by: joshua Jones | December 22, 2007 8:49 AM

This man Miller did the descrimination. He should pay the fine.

Posted by: Cap | December 23, 2007 12:24 PM

This is not the first time Attorney Diane Polan has complained about having to foot the bill for the city's lawbreaking because she is a New Haven homeowner and taxpayer. Stop complaining! Lawbreaking and expensive jury verdicts are here to stay as long as DeStefano and his lawless administration remain in office ...

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