Labor & Employment

Morgenthau Named Special Master in FDNY Bias Suit

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Former Manhattan District Attorney Robert Morgenthau, now of counsel at Wachtell, Lipton, Rosen & Katz, was appointed yesterday to oversee efforts to diversify the New York Fire Department.

The 90-year-old Morgenthau and other members of Wachtell Lipton have agreed to work on the case for free, the New York Times reported.

Judge Nicholas G. Garaufis of the Eastern District of New York ruled in January that New York City had intentionally discriminated against black and Hispanic applicants by continuing to use an exam that the city knew put those applicants at a disadvantage. The city was ordered to give 300 of those applicants priority hiring status and retroactive seniority and to financially compensate 7,400 test-takers.

But so far, “the city has not yet taken the preliminary step of retaining a test-development expert, and does not anticipate being able to do so until October 2010,” Garaufis wrote in his ruling. Presently, about 91 percent of the city’s firefighters are white, 6.5 percent are Hispanic and 4 percent are black, the Wall Street Journal (sub. req.) reports.

Morgenthau retired as Manhattan District Attorney in January. He has had two public clashes with New York City Mayor Michael Bloomberg in recent years. Right before Morgenthau’s retirement, Bloomberg accused Morgenthau of withholding millions of dollars from fines and settlements from the city to pay for office initiatives. Morgenthau disputed that claim. And Morgenthau also convened a grand jury to consider criminal charges against the city in connection with a 2007 fire at the former Deutsche Bank building in which two firefighters were killed, the New York Law Journal reports. No charges were brought.

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