Pro Bono Case won on behalf of Asian American Police Officers

In 2005, the Port Authority Asian Jade Society, a group of 11 Asian American police officers, filed suit against the Port Authority of New York and New Jersey, alleging that the promotion process in the Port Authority’s police department lacked standardization, fairness and objectivity, and that they had been systematically passed over for promotions starting in 1996, despite their qualifications, and subjected to racially motivated harassment.

The officers initially filed a complaint with the U. S. Equal Employment Opportunity Commission (EEOC) in 2001. In the five-year period before the EEOC complaint, no Asian American officers had been promoted to the rank of sergeant and there were no Asian American officers in any supervisory position in the Port Authority police department. After the EEOC complaint was filed, a few Asian American officers, already close to retirement age, were promoted to sergeant. In 2003, the EEOC issued a determination finding probable cause for a civil rights violation and sent the case to the U.S. Department of Justice, which granted the officers permission to file suit against the Port Authority.

The suit, filed in Federal District Court in Manhattan before the Honorable Miriam Goldman Cedarbaum, maintained that the Port Authority’s promotion process had a disparate impact on Asian American police officers, and that plaintiffs had been repeatedly bypassed for promotions despite superior qualifications. It also alleged that certain plaintiffs were unfairly charged with undue disciplinary action which delayed or prevented their promotions, and that Asian American police officers were subjected to racial slurs and derogatory remarks at the Port Authority.

The case went to trial on March 11, 2009. After two weeks of trial and three days of deliberations, the jury unanimously found that the Port Authority’s promotion practices had a disparate impact on Asian American police officers and that the Port Authority intentionally discriminated against seven of the 11 plaintiffs, including David Lim, a 9/11 hero who was rescuing people in the North Tower of the World Trade Center when it collapsed. The jury awarded plaintiffs a total of $1.64 million in back pay and compensatory damages.

“The firm is pleased that justice has been achieved in this significant matter,“ said Brad Karp, chair of Paul, Weiss. “Pro bono work is the heart and soul of Paul, Weiss, and is part of the firm’s history and tradition. It is particularly important for us to step up our service to those in need during these challenging economic times," Karp continued.

No one messes with Asians!