Aerospace and Defense Industry News Sample

Jan 20, 2006 12:00:03

BOEING CO.: Court Throws out Claim Against Promotion System

Washington, DC (SunStream News) -- U.S. District Judge Marsha Pechman recently threw out arguments of plaintiffs suing Boeing Co. for unfair promotion policies, according to the Associated Press. The ruling is a separate but related decision to the one made by the federal jury on Dec. 21 rejecting the claim of the same group of plaintiff -- about 4,200 salaried workers -- that they had been victims of 'disparate treatment' or intentional discrimination.

According to the report, the judge's ruling involved a legal principle called "disparate impact," which occurs when neutral policies affect certain individuals differently than others, despite their employers' best intentions. She rejected the group's allegations of "undisciplined" promotion system noting that Boeing has in place written guidelines governing it.

Some African-American employees of Boeing filed a case in June 1998 alleging that the firm discriminated against African Americans in promotions (Class Action Reporter, Dec. 3, 2005).

In January 1999, as part of a high-profile settlement brokered by the Rev. Jesse Jackson, Boeing agreed to pay $7.3 million to settle a class action lawsuit filed on behalf of 15,000 African- American employees. In a settlement with a total value of $15 million, the company, which admitted no wrongdoing, also agreed to make several changes in promotion and hiring practices, and in the way it monitors compliance with federal anti- discrimination laws. However in April 2003, the 9th U.S. Circuit Court of Appeals threw out the settlement, agreeing with objecting class members who said the payout was inadequate and unfairly distributed, and that the attorney fees of $4 million were too high.

The suit is styled, "Williams, et al v. Boeing Company, et al, Case No. 2:98-cv-00761-MJP," filed in the United States District Court for the Western District of Washington, under Judge Marsha J. Pechman. Representing the Plaintiff/s are:

(1) Ivy D. Arai, Steve W. Berman, Craig R. Spiegel and Jeffrey Todd Sprung of HAGENS BERMAN SOBOL SHAPIRO, LLP, 1301 5TH AVE., STE. 2900, SEATTLE, WA 98101, Phone: 206-623-7292, Fax: 206-623-0594, E-mail: ivy@hbsslaw.com, steve@hbsslaw.com, craigs@hbsslaw.com and jeff@hbsslaw.com;

(2) Harish Bharti, 5516 17TH AVE. NW SEATTLE, WA 98107, Phone: 206-706-6400, Fax: 706-6401, E-mail: bharti@lawyer.com;

(3) Mark E. Brennan of RINEHART ROBBLEE & HANNAH, 1100 OLIVE WAY, STE. 1620, SEATTLE, WA 98101, Phone: 206- 467-6700, Fax: 467-7589, E-mail: mbrennan@unionattorneysnw.com;

(4) Oscar Edward Desper, III and Bruce A. Harrell of HARRELL DESPER CONNELL & ROESCH, 1325 4TH AVE., STE. 600, SEATTLE, WA 98101-2359, Phone: 206-583-0050, Fax: 583-0051, E-mail: odesper@seattlecounsel.com and bharrell@seattlecounsel.com;

(5) Alan B. Epstein of SPECTOR GADON & ROSEN, 1635 MARKET ST., 7TH FL. SEVEN PENN CTR., PHILADELPHIA, PA 19103, Phone: 215-241-8888, E-mail: aepstein@lawsgr.com;

(6) Mary R. Mann of MARY RUTH MANN & ASSOCIATES, 615 2ND AVE., SUITE 760 BRODERICK BLDG., SEATTLE, WA 98104- 2203, Phone: 206-587-2700, E-mail: mrmann@mrmannlaw.com; and

(7) Joseph Marc Sellers, Steven J. Toll and Christine E. Webber of COHEN MILSTEIN HAUSFELD & TOLL, 1100 NEW YORK AVE. NW WEST TOWER STE. 500, WASHINGTON, DC 20005-3934, Phone: 202-408-4600, Fax: 1-202-408-4699, E-mail: jsellers@cmht.com, stoll@cmht.com and cwebber@cmht.com.

Representing the Defendant are:

(i) Barbara Berish Brown of PAUL, HASTINGS, JANOFSKY & WALKER, 1299 PENNSYLVANIA AVE. NW STE. 1000, WASHINGTON, DC 20004, Phone: 202-508-9500, Fax: 1-202- 508-9700, E-mail: barbarabrown@paulhastings.com;

(ii) C. Geoffrey Weirich of PAUL HASTINGS JANOFSKY & WALKER, 600 PEACHTREE ST. NE STE. 2400, ATLANTA, GA 30308-2222, Phone: 404-815-2400, Fax: 1-404-815-2424, E-mail: geoffweirich@paulhastings.com;

(iii) Boyd A. Byers of FOULSTON & SIEFKIN, 1551 NORTH WATERFRONT PARKWAY, STE. 100, WICHITA, KS 67206, Phone: 316-291-9716, E-mail: bbyers@foulston.com;

(iv) Rebecca Shapiro Cohen and Michael Reiss of DAVIS WRIGHT TREMAINE, LLP, 1501 4TH AVE., STE. 2600, SEATTLE, WA 98101-1688, Phone: 206-622-3150, Fax: 628-7699, E-mail: rebeccashapirocohen@dwt.com and mikereiss@dwt.com; and

(v) Jeffrey Alan Hollingsworth of PERKINS COIE, 1201 3RD AVE., STE. 4800, SEATTLE, WA 98101-3099, Phone: 206- 583-8888, Fax: 583-8500, E-mail: JHollingsworth@perkinscoie.com.

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Source: Class Action Reporter

Publication Date: 2006-01-20

COY:	BA

IND:	ARO

GEO:	n-us-wa

 

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