New York Paralegal Blog

Firefighter Tormented by Sexual and Religious Harassment & Disciplined in Retaliation for Participating in Another Firefighter’s Discrimination Proceeding LOS ANGELES — The Los Angeles City Fire Department will pay $494,150 and implement widespread anti-harassment training to settle federal charges of discrimination filed with the U.S. Equal Employment Opportunity Commission (EEOC), the federal agency announced today.

WASHINGTON – The Justice Department today announced an agreement with the owner of College Square Apartments, in Davie, Fla., to settle allegations of discrimination against African Americans. Under the consent decree, approved today in U.S. District Court in Miami, the defendants must pay a total of up to $140,000 to victims of discrimination and a civil penalty of $74,000 to the government. The lawsuit, filed in August 2008 and later amended, alleged that the property manager at the time, Don Murroni, acting under the direction of Craig Forman, the president and sole shareholder of C.F. Enterprises, falsely told African Americans that no apartments were available and discouraged African Americans from applying. Murroni also allegedly offered to waive the application fee or other costs for white applicants, and told white testers that a selling point of College Square Apartments was the absence of black tenants. The allegations were based on evidence obtained through the Department’...

WASHINGTON - U.S. Associate Attorney General Kevin J. O’Connor today announced more than $50 million in additional grant funds from the Justice Department to help tribal communities, bringing the total to nearly $100 million awarded to tribal communities in 2008. These awards include funds for tribal courts assistance, alcohol and substance abuse prevention, juvenile and mental health programs, victim assistance, and developing responses to violent crimes against Indian women. O’Connor made the announcement in remarks to the Four Corners Indian Country Conference in Albuqurque, N.M. “This investment will help tribes develop criminal justice strategies that meet their needs,” said Associate Attorney General O’Connor. “Tribes face unique challenges that require unique solutions. We are committed to working in partnership with tribes to improve public safety.” More...

WASHINGTON — The Department of Justice announced today that it will require Verizon Communications Corp. (Verizon) to divest assets in 100 areas in 22 states in order to proceed with its $28 billion acquisition of Alltel Corp. The Department said that the transaction as originally proposed would have substantially lessened competition to the detriment of consumers of mobile wireless telecommunications services in those areas, and likely would result in higher prices, lower quality and reduced network investments. The divestitures cover the entire states of North Dakota and South Dakota; large portions of the states of Colorado, Georgia, Kansas, Montana, South Carolina, Utah and Wyoming; and portions of the states of Alabama, Arizona, California, Idaho, Illinois, Iowa, Minnesota, Nebraska, Nevada, New Mexico, North Carolina, Ohio and Virginia. The Department’s Antitrust Division, along with the Attorneys General of the states of Alabama, California, Iowa, Kansas, Minnesota, North Dakota...

MILBURN, N.J. -- The U.S. Department of Labor has ordered The Charles Schwab Corp. to reinstate and pay back pay and damages to two employees who were fired in violation of the whistleblower provision of the Sarbanes-Oxley Act of 2002. The whistleblower complaint was filed with the Occupational Safety and Health Administration (OSHA) on June 15, 2007, naming The Charles Schwab Corp., Charles Schwab & Co. Inc., Charles Schwab Bank and three individuals as defendants. The complaint alleged that the two employees were terminated because they objected to and refused to participate in a scheme at a branch office to falsify entries in Schwab's database system. An investigation conducted by OSHA's Whistleblower Protection Program determined that there was merit to the allegations. "This case sends a clear message that OSHA will not tolerate retaliation against corporate whistleblowers," said Robert Kulick, OSHA's regional administrator in New York. "While OSHA i...

WASHINGTON — The Department of Justice filed a civil antitrust lawsuit today in U.S. District Court in Chicago to block the proposed acquisition by JBS S.A., currently the third-largest U.S. beef packer, of National Beef Packing Company LLC, the fourth-largest U.S. beef packer. The Department said that the proposed deal would combine two of the top four U.S. beef packers resulting in lower prices paid to cattle suppliers and higher beef prices for consumers. The Attorneys General of Colorado, Iowa, Kansas, Minnesota, Missouri, Montana, North Dakota, Ohio, Oklahoma, Oregon, South Dakota, Texas and Wyoming are joining the Department’s lawsuit. JBS, headquartered in Brazil, is in the process of acquiring Smithfield Beef Group Inc. from Smithfield Foods Inc. The Department is not challenging JBS’s acquisition of Smithfield Beef Group Inc. In 2007, JBS purchased Colorado-based Swift Foods Company. Beef packers purchase annually $30 billion in fed cattle from feedlots, slaughter them, and pr...

WASHINGTON - The Justice Department announced today the filing of a lawsuit against the State of Vermont and Vermont Secretary of State Deborah L. Markowitz, alleging violations of the Uniformed Overseas Citizen Absentee Voting Act (UOCAVA). UOCAVA is designed to ensure that uniformed military members and overseas citizens may effectively participate in federal elections. Vermont and the Secretary are responsible for collecting and reporting the number of military voters and overseas citizens who are sent ballots, return them and have them successfully cast in each federal general election. Vermont has failed to fulfill this important obligation ever since it became law in the Help America Vote Act of 2002. The complaint filed in the U.S. District Court in Burlington, Vt., seeks a declaration that Vermont has previously violated the law, and seeks an injunction against any future noncompliance. "Accurate and complete information about whether our uniformed service members and over...

WASHINGTON – The United States has sued a Houston tax preparer, seeking to put him out of business, the Justice Department announced today. The civil injunction suit, filed in U.S. District Court for the Southern District of Texas, seeks to permanently bar Kyle C. Kasten and his business, KJ & J Tax Services, from preparing federal returns for others. According to the government complaint, Kasten prepares federal income tax returns with fabricated claims for the federal fuel tax credit. The credit is available only in limited circumstances for off-highway business use. Kasten allegedly claimed that one customer used 44,005 gallons of gasoline in 2007 when the customer’s return showed he earned only $802 that year. The complaint states that, assuming a cost of $2 per gallon, the customer would have had to spend $88,010 to purchase that amount of gasoline. In another example identified in the complaint, Kasten allegedly claimed that a customer used 55,083 gallons of gasoline in 2007....

WASHINGTON - The Department of Justice announced today that it has settled its employment lawsuit on behalf of Tracey Marshall, a sergeant in the U.S. Army Reserve, against the Clerk of the Circuit Court for Hillsborough County, Fla.The Department’s complaint, filed last October in the U.S. District Court in Tampa, alleged that the Clerk’s Office violated the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA). The Clerk’s Office failed to reemploy Marshall in her prior position as supervisor of the Clerk’s Court Clerk II Section of the Circuit Criminal Division when she return from active duty in October 2005. In addition, it is alleged that the Clerk’s Office retaliated against Marshall after she took action under USERRA, by transferring her from the Clerk’s Circuit Criminal Division to the Clerks Traffic Department, which offered a lower pay rate. Under the terms of the settlement agreement, the Clerk’s Office will reinstate Marshall to Manager of the Court Cl...

The U.S. Department of Education has awarded a total of $750,000 in grants to six states to help strengthen and enhance career and technical education (CTE) programs. Indiana, New Hampshire, South Carolina, Nebraska, Florida, and Hawaii have received grants to support partnerships that will create new CTE programs, or adopt existing ones, that will align secondary and postsecondary education courses needed to prepare students for further education and employment. The grants range from $115,000 to $130,000, and will help the states improve their ability to offer rigorous CTE programs of study. More...

WASHINGTON - The Department of Justice and the Equal Employment Opportunity Commission (EEOC) have jointly filed a complaint in U.S. District Court for the Western District of Texas to enforce a mediation settlement agreement that was entered into by the EEOC on behalf of an individual and the Housing Authority of the City of El Paso (Housing Authority). The settlement agreement resolved a charge that was filed against the Housing Authority under Title VII of the Civil Rights Act of 1964, which prohibits discrimination in employment on the bases of sex, race, national origin and religion, and the Age Discrimination in Employment Act of 1967 (ADEA). The charging party claimed that she had been discriminated against on the basis of her national origin and her age when she was not selected for a promotion. In exchange for the dismissal of the charge, the Housing Authority agreed to pay the charging party $2,000, make certain changes to its promotional interview panels, and allow an outsid...

WASHINGTON - The Justice Department announced today the settlement of a lawsuit against Salem County and the borough of Penns Grove, N.J., alleging violations of the rights of Puerto Rican voters under the Voting Rights Act. The settlement agreement requires the county and borough to ensure that elections are equally open to Latino voters, that Spanish language assistance and materials be available at the polls, and that Spanish-speaking voters be allowed to select the assistor of their choice. One of the concerns that led to the Civil Rights Division’s investigation was that the borough and county were violating the rights of voters who had been educated in Spanish in American-flag schools in Puerto Rico. The settlement agreement was filed today in the U.S. District Court for the District of New Jersey contemporaneously with the complaint and an accompanying proposed order allowing federal observers to monitor election day activities in its polling place. The order still must be appro...