Gulino v. Board of Education Litigation

Welcome to the Gulino v. Board of Education: Employment Discrimination Case Website

CURRENT STATUS: The parties continue to discuss possible settlement of the BOE’s pending appeals, and on June 22, 2021, the BOE asked the United States Court of Appeals to delay, by another 30 days, issuing its mandate implementing the January 28, 2021 decision. We agreed to this additional pause so that we can continue to explore possible settlement of the pending appeals. We will provide further updates as they become available.

APPEAL UPDATE: On Thursday, January 28, 2021, the United States Court of Appeals issued a summary order affirming the judgments of the district court. A copy of the decision is available here. In affirming the judgments, the Court of Appeals rejected the arguments of the Board of Education and held that the methods by which the final judgments have been, and are being, calculated is proper. On March 15, 2021, the Board of Education filed a petition for a re-hearing before the Court of Appeals, asking that Court to hold a new hearing to reconsider its January 28, 2021 decision. On April 15, 2021 the Court of Appeals denied the Board of Education’s request to hold a new hearing to reconsider its January 28, 2021 decision. The Board of Education has 150 days to file a petition to ask the U.S. Supreme Court to hear the case.

CERTIFICATION UPDATE: On February 19, 2021, the Court approved a further extension of time for class members to be certified through this case. Class members will now have until June 30, 2022 to complete all requirements and send Plaintiffs’ counsel all documents needed for provisional certification (for class members who first failed the LAST on or before February 13, 2004) or initial certification (for claimants who first failed the LAST on or after February 14, 2004). All documents must be received by the end of June 2022 so that the Court-appointed evaluator can complete his work prior to August 26, 2022. Please reach out to Plaintiffs’ counsel if you are interested in becoming certified to ensure you know what steps you need to take. NOTE: certification through this case is valid ONLY for teaching at New York City public schools.

PLAINTIFFS’ COUNSEL UPDATE: On September 8, 2020, Rachel Stevens, a member of the Plaintiffs’ counsel team, moved from DLA Piper to Stroock & Stroock & Lavan.  You can now reach Rachel at 212-806-1313 or   You will no longer be able to reach Rachel or leave her a message at her old DLA Piper phone number and the general voicemail box at DLA Piper will no longer accept messages; additionally, and any emails sent to DLA Piper (to Rachel or to the general mailbox) will no longer be responded to.  If you have general questions about the case, you should call 212-806-1224 or send an email to and someone from the team will respond as soon as possible.

COVID-19 UPDATE: COVID-19 has caused some delays in some activities related to this case. All of the lawyers, the Special Master and Court personnel continue to work on the case from home and you can continue to contact Plaintiffs’ counsel as usual, but there may be brief delays in their ability to respond. Email is the most efficient way to communicate with Plaintiffs’ counsel. Please refer to the Frequently Asked Questions tab at the top for additional details on the impact of COVID-19. Please stay safe and practice social distancing.

Welcome to the website for Gulino v. Board of Education, an employment discrimination case. On this site, claimants can find answers to frequently asked questions and download court rulings and other important documents concerning the case.

Claim forms were mailed to potential claimants in September 2014 and a second mailing was distributed in January 2017 for potential claimants that failed the Liberal Arts and Sciences Test for the first time on or after February 14, 2004. If you have not completed a claim form, want to be a class member, are African American or Latino, and first failed the LAST on or after February 14, 2004, please click here to complete a claim form.

If you have completed a claim form, please click here to log into the claimant portal for updates.