Anticipating the Defendant's defense, the Plaintiffs allege that the policies and practices of the Bureau are not justified by the business necessity defense. Plaintiffs attribute the discriminatory effects to "disparate treatment" and "disparate impact" discrimination that is, intentionally discriminatory acts and facially neutral policies and procedures of the Bureau which have adverse impact on members of a protected group. In particular, the plaintiff class alleges that impermissible considerations of ethnic heritage disfavor Hispanics for promotion, distribute temporary and permanent hardship assignments in a discriminatory manner, and apply disciplinary actions in unjustified proportions on Hispanic agents. ![]() The Members of the Plaintiff Class (hereafter, "Plaintiffs") allege that practices of the FBI result in the selection of non-Hispanic *898 agents for promotion, transfer, and other employment privileges in a manner which results in significant differences as compared to Hispanic agents. The Court exercised control over the discovery process attempting to balance the Plaintiff's classmember's need for access to proof in support of their claims against the significant needs of the FBI and Justice Department for confidentiality and the protection of its methods, sources, and mission. In addition, Plaintiffs point to practices which limit, segregate, or classify employees which tend to deprive them of employment opportunities or otherwise adversely affect them. ![]() ![]() With the exception of hiring practices, the Plaintiffs brought to this Court allegations which relate to every other element under the heading of unlawful employment practices compensation, terms, conditions, or privileges of employment. 2000e-2, provides: "(a) It shall be an unlawful employment practice for an employer "(1) to fail or refuse to hire or to discharge any individual, or otherwise to discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment, because of such individual's race, color, religion, sex, or national origin or "(2) to limit, segregate, or classify his employees or applicants for employment in any way which would deprive or tend to deprive any individual of employment opportunities or otherwise adversely affect his status as an employee, because of such individual's race, color, religion, sex, or national origin." Section 703 of the Civil Rights Act of 1964, 42 U.S.C. Elsewhere within Title VII of the Civil Rights Act Congress gives more detail as to what actions may be considered among "all personnel actions" of Section 717. Congress has demonstrated no intent to preclude judicial review of constitutional claims brought against the Bureau. Īccordingly, the FBI is subject to the full reach of Title VII. , shall be made free from any discrimination based on race, color, religion, sex, or national origin." 42 U.S.C. (including employees and applicants for employment who are paid from non-appropriated funds). Among the FBI employees are approximately 9400 Special Agents all of whom are members of the "excepted service." However, the Congress has made clear that employees of executive branch agencies are subject to the requirements of Title VII: "All personnel actions affecting employees or applicants for employment. Within its purview are foreign counterintelligence, terrorism, organized crime, drug interdiction (together with the Drug Enforcement administration), commercial currency crimes, and abductions. The Federal Bureau of Investigation is the arm of the United States Department of Justice that is responsible for investigating *897 violations of Federal law. On Motion of the parties, the litigation was bifurcated into a "liability" stage to determine whether the Defendant has violated Title VII and a "recovery" stage to determine the eligibility of individual class members for compensatory relief. 2000e-2 discriminating against Hispanic agents on the basis of their national origin. Div., Washington, D.C., for F.B.I., et al.įINDINGS OF FACT AND CONCLUSIONS OF LAW BIFURCATED TRIAL: LIABILITY STAGEīEFORE THIS COURT on Augcame for trial the Plaintiff class consisting of 310 persons, present or one-time Special Agents of the Federal Bureau of Investigation, alleging that the FBI violated Title VII of the Civil Rights Act of 1964, 42 U.S.C. Davis, Legal Counsel Div., F.B.I., Washington, D.C., Mollie S. of Justice Federal Programs Branch, Civil Div., Joseph R. ![]() Rodriguez, Behlers & Davis, Albuquerque, N.M., for plaintiff. Silva, Silva, Silva & Herrera, P.C., Jose Angel Silva, Jr., El Paso, Tex., Hugo A. On Motion for Protective Order February 7, 1989. On Issues Relative to Grand Jury Subpoena December 2, 1988.
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