November 8, 1996 – The Complaint (Dkt. 1)

Plaintiffs file the complaint underlying this lawsuit in the United States District Court for the Southern District of New York.

September 4, 2003 – Adverse Impact Finding (Dkt. 212)

The Court finds that the LAST has a statistically significant adverse impact against African-American and Latino test-takers.

December 5, 2012 – Liability Ruling (Dkt. 321)

The Court finds that the DOE failed to establish that the LAST was related to the job of teaching as required by federal law. The Court also finds that as a result, the DOE had violated Title VII by requiring plaintiffs to pass the LAST in order to receive a teaching license. The plaintiffs' complaint in this case is not based on a theory of intentional discrimination. Rather, plaintiffs have alleged, and the Court found, that the DOE was liable for making employment decisions based on the state's exam under a "disparate impact" theory of discrimination.

August 29, 2013 – Relief Phase Certification Order (Dkt. 386)

The Court certifies a class of plaintiffs who can seek individualized monetary and injunctive relief as a result of the DOE’s Title VII violation.

May 20, 2014 – Order Appointing Special Master John Siffert (Dkt. 435)

The Court issues an order appointing John Siffert as Special Master overseeing the relief phase of the case.

June 18, 2014 – Amendment to the Class Definition (Dkt. 447)

The Court amends the class definition so that it includes African-American and Latino individuals employed as New York City public school teachers on or after June 29, 1995, who failed the Liberal Arts and Sciences Test ("LAST") given on or before February 13, 2004, and as a result either lost or were denied a permanent teaching appointment.

November 24, 2014, amended March 31, 2015 – Injunction Regarding Claimants Who Took the LAST on or before February 13, 2004 and have satisfied all other New York State certification requirements (Dkt. 530 & Dkt. 576)

The Court enters an injunction: (1) prohibiting the DOE from making any employment decisions based upon the LAST administered on or before February 13, 2004 and (2) providing claimants, who have satisfied certain enumerated requirements for a provisional certificate other than passing the LAST, with the opportunity to become provisionally certified for the limited purpose of seeking employment with the DOE (the “LAST-1 Injunction”).

The deadline for seeking certification pursuant to this injunction was June 30, 2023. If you have questions about the certification process, please call Rachel Stevens at 212-590-5430 or rstevens@crowell.com.

June 5, 2015 – Liability Ruling Regarding LAST that was Administered after February 13, 2004 (“LAST-2”) (Dkt. 608)

The Court finds that the LAST exam administered after February 13, 2004 was also invalid and that the DOE violated Title VII by requiring claimants to pass LAST-2 to receive a permanent teaching license.

August 6, 2015 – Liability Ruling Regarding Academic Literacy Skills Test (“ALST”)

The Court finds that the DOE did not violate Title VII by complying with the New York State Education Department’s (“SED”) requirement that teachers pass the ALST before they are eligible for a permanent teaching license.

September 21, 2015 – Class Membership Ruling Regarding Paraprofessionals (Dkt. 674)

The Court rules that claimants who were employed only as paraprofessionals by the DOE are not members of the class. The Court also holds that the following categories of claimants, which the DOE had challenged, should not be excluded from the class at this stage: (1) claimants who were not employed by the DOE at the time they failed the LAST; (2) claimants who were employed only as per diem substitute teachers; and (3) claimants who failed the LAST only before June 29, 1995. Final decisions concerning class membership for these claimants may be finally determined at individual hearings.

Additionally, the Court denies DOE’s motion to reduce monetary damages on a class-wide basis and holds that any disputes concerning hiring decisions, attrition, and an individual’s failure to secure a permanent teaching position with the DOE will be resolved during individual hearings.

December 28, 2015 – Injunction Regarding Claimants Who Took LAST-2 and have satisfied all other New York State certification requirements (Dkt. 707)

The Court enters an injunction: (1) prohibiting the DOE from making any employment decisions based upon the LAST administered on or after February 14, 2004; and (2) providing individuals, who have satisfied certain enumerated requirements for a provisional certificate other than passing the LAST-2, with the opportunity to become provisionally certified for the limited purpose of seeking employment with the DOE (the “LAST-2 Injunction”). The deadline for seeking certification pursuant to this injunction was June 30, 2023. If you have questions about the certification process, please contact Shauneida Navarrete at snavarrete@crowell.com.

February 27, 2016 – Motion to Modify Existing Injunctions to Grant Eligible Claimants Statewide Certification

Plaintiffs file a motion to modify the Court’s existing injunctions, which currently allow eligible claimants to become provisionally “deemed certified” for the limited purpose of seeking employment with the DOE. In their motion, Plaintiffs ask the Court to require the SED to grant these eligible class members New York State Provisional Certificates, instead of one that is limited to employment with the DOE.

October 6, 2016 – Individual Hearings begin

Plaintiffs’ counsel submits the first set of damages demands for ten class members, commencing the individual hearings portion of the Gulino case. The damages demands seek backpay and LAST fees damages for each class member. Individual hearings will continue until the demands of all eligible class members have been submitted.

October 7, 2016 – Motion to Amend Class Definition to Include Claimants Who Failed the LAST-2 (Dkt. 826)

The Court grants Plaintiffs’ motion to amend the class definition to:

All African-American and Latino individuals employed as New York City public school teachers by Defendant on or after June 29, 1995, who failed to achieve a qualifying score on any administration of the LAST, and as a result either lost or were denied a permanent teaching appointment.

December 14, 2016 – Court denies Plaintiffs’ Motion to Modify Existing Injunctions

The Court denies Plaintiffs’ motion to modify the injunctions to grant eligible claimants statewide certification and holds that the certifications obtained through this case will remain limited to employment with the DOE only.

December 14 and 17, 2018 – Court enters Classwide Documents

The Court enters the parties stipulated classwide documents including: Classwide Conclusions of Law; the Stipulation of Classwide Facts and Procedures; the Stipulation Concerning the Admissibility of Exhibits; and the Pension Stipulation & Order. Teachers’ Retirement System, Board of Education Retirement System, and New York City Employees’ Retirement System also agreed to the Pension Stipulation & Order, which states these retirement systems will update their respective data to include new service and salary information for class members once ordered by the Court. (Dkt. 1009, 1010, 1012, 1013, 1014)

March 13, 2019 – Court enters first set of Final Judgments

The Court orders, for the first time, that individual class members are entitled backpay, LAST fees, and other monetary damages from the BOE. The Court also orders that certain individual class members are entitled to injunctive relief, including pension credits and salary step adjustment. The Court continues to enter new final judgments as they are submitted by the Special Master.

April 11, 2019 – BOE appeals first set of judgments

The BOE appeals the first set of Court-order monetary judgments. Within 30 days after the entry of judgments, the BOE will continue to appeal the judgment entered by the Court.

November 8, 2019 – BOE Files Appellate Brief

The BOE files its brief to the United States Second Circuit Court of Appeals appealing the judgments for the first 347 individual class members.

January 15, 2020 – Court enters 1,000th Final Judgment

The Court orders the 1,000th judgment for backpay, LAST fees, and/or other monetary damages from the BOE. The Court will continue to enter final judgments each week going forward.

May 1, 2020 – Plaintiffs File Brief in Opposition to the BOE's Appeal

Plaintiffs file their brief to the United States Second Circuit Court of Appeals opposing the BOE's appeal of the judgments for the first 347 individual class members. Due to COVID-19-related closures, the deadline for Plaintiffs' brief was extended from April 10, 2020 to May 1, 2020. The BOE has continued to appeal most judgments filed after the first 347 judgments and the appeals of those subsequent judgments have been stayed pending resolution of the appeal of the first 347 judgments, which will apply to the later-filed judgments that have been appealed. (Dkt. 141)

June 5, 2020 – BOE Files Reply Brief in Further Support of Its Appeal

The BOE files its final brief to the United States Second Circuit Court of Appeals in further support of its appeal of the judgments for the first 347 individual class members. The Court of Appeals may schedule an oral argument at which the lawyers for both the BOE and Plaintiffs will address the Court and answer questions from the Judges. We do not know if, or when, an oral argument will be scheduled. We do not know when the Court of Appeals will issue its decision. (Dkt. 145)

November 23, 2020 – United States Second Circuit Court of Appeals schedules appeal oral argument for January 14, 2021

The United States Second Circuit Court of Appeals will hear oral argument from counsel on January 14, 2021. The Court has not yet provided details regarding the timing of the argument, whether the argument will be live or virtual, or whether it will be open to the public. We will update this website with details regarding the oral argument when they become available.

January 14, 2021 – United States Second Circuit Court of Appeals will hear oral argument from counsel

The United States Second Circuit Court of Appeals will hear oral argument from counsel on January 14, 2021, at 10:00 am. A livestream audio of the argument is available through the Court’s website: https://ww2.ca2.uscourts.gov/court.html The Court will NOT issue a decision on January 14, 2021, and we do not know when a decision will come.

January 28, 2021 – United States Second Circuit Court of Appeals issues summary order affirming final judgments issued by the district court

The United States Court of Appeals issues a summary order affirming the judgments of the district court. In doing so, the Court of Appeal rejects the arguments of the Board of Education and holds that the methods by which the final judgments have been, and are being, calculated is proper. (2d Cir. Dkt. 252)

March 15, 2021 – BOE files a petition for a re-hearing before the United States Second Circuit Court of Appeals

The Board of Education files a petition for a re-hearing before the Court of Appeals, asking that Court hold a new hearing to reconsider its January 28, 2021 decision. If the Board of Education’s request for a rehearing is granted, the Court of Appeals will set a schedule for that rehearing. (2d Cir. Dkt. 264)

April 15, 2021 – United States Second Circuit Court of Appeals denies the BOE’s petition for a re-hearing

The Court of Appeals denied the Board of Education’s request to hold a new hearing to reconsider its January 28, 2021 decision. (2d Cir. Dkt. 268). The Board of Education has 150 days to file a petition to ask the U.S. Supreme Court to hear the case.

October 26, 2021 – The Second Circuit Court of Appeals enters the Mandate

The Second Circuit Court of Appeals issues the Mandate directing the District Court to implement the Second Circuit’s decision to affirm, and make final, the first 347 final judgments that the BOE had previously appealed. (2d Cir. Dkt. 296).

November 10, 2021 – District Court So-Orders the entry of a Qualified Settlement Fund Order, directing the BOE to provide funds to the Claims Administrator to pay individual judgment amounts (Dkt. 9303)

Establishment of the Qualified Settlement Fund directs the Board of Education to provide funds to the Claims Administrator so that the Claims Administrator can pay individual judgment amounts for eligible class members.

December 31, 2021 – BOE starts making payment to class members with Court-ordered judgments

The BOE began distributing funds to class members who had judgments for monetary damages and executed payment option forms.

February 17, 2022 – Court extends LAST-1 and LAST-2 Injunction deadlines

The parties agree, and the Court orders, that the LAST-1 Injunction and the LAST-2 Injunction be extended. Class members will now have until June 30, 2023 to demonstrate their satisfaction of the Court’s requirements 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). Questions about certification should be directed to Rachel Stevens at rstevens@crowell.com or Shauneida Navarrete at snavarrete@crowell.com.

Update as of August 4, 2023