CHIN v. PORT AUTHORITY OF NEW YORK & NEW JERSEY

Nos. 10-1904-cv(L), 10-2031-cv(XAP).

685 F.3d 135 (2012)

Howard CHIN, Richard Wong, Sanrit Booncome, Michael Chung, Plaintiffs-Appellees-Cross-Appellants, The Port Authority Police Asian Jade Society of New York & New Jersey Inc., Christian Eng, Nicholas Yum, Alan Lew, David Lim, George Martinez, Stanley Chin, Milton Fong, Plaintiffs-Appellees, v. The PORT AUTHORITY OF NEW YORK & NEW JERSEY, Defendant-Appellant-Cross-Appellee.

United States Court of Appeals, Second Circuit.

Decided: July 10, 2012.


Attorney(s) appearing for the Case

Karen R. King ( Susanna M. Buergel , on the briefs), Paul, Weiss, Rifkind, Wharton & Garrison LLP, New York, New York, for Plaintiffs-Appellees-Cross-Appellants and Plaintiffs-Appellees.

Kathleen Gill Miller ( Milton H. Pachter & James M. Begley , on the briefs), Port Authority of New York and New Jersey, New York, New York, for Defendant-Appellant-Cross-Appellee.

Before: McLAUGHLIN, CABRANES, and LIVINGSTON, Circuit Judges.


LIVINGSTON, Circuit Judge:

Plaintiffs-appellees, eleven Asian Americans currently or formerly employed as police officers by the Port Authority of New York and New Jersey ("Port Authority"), sued the Port Authority under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq., alleging that they were passed over for promotions because of their race. The plaintiffs asserted three theories of liability for discrimination: individual disparate...

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