Pedro LOPEZ, individually and on behalf of a class of individuals similarly situated; Abel Cano, individually and on behalf of a class of individuals similarly situated; Kevin Sledge, individually and on behalf of a class of individuals similarly situated; Charles De Jesús, individually and on behalf of a class of individuals similarly situatuated; Richard Brooks, individually and on behalf of a class of individuals similarly situated; Massachusetts Hispanic Law Enforcement Association, individually and on behalf of a class of individuals similarly situated; Robert Alvarez, individually and on behalf of a class of individuals similarly situated; Spencer Tatum, individually and on behalf of a class of individuals similarly situated; Shumeand Benfold, individually and on behalf of a class of individuals similarly situated; Angela Williams-Mitchell, individually and on behalf of a class of individuals similarly situated; Gwendolyn Brown, individually and on behalf of a class of individuals similarly situated; Lynette Praileau, individually and on behalf of a class of individuals similarly situated; Tyrone Smith, individually and on behalf of a class of individuals similarly situated; Eddy Chrispin, individually and on behalf of a class of individuals similarly situated; David E. Melvin, individually and on behalf of a class of individuals similarly situated; Steven Morgan, individually and on behalf of a class of individuals similarly situated; William E. Iraolo, individually and on behalf of a class of individuals similarly situated; José Lozano, individually and on behalf of a class of individuals similarly situated; Courtney A. Powell, individually and on behalf of a class of individuals similarly situated; James L. Brown, individually and on behalf of a class of individuals similarly situated; George Cardoza, individually and on behalf of a class of individuals similarly situated; Larry Ellison, individually and on behalf of a class of individuals similarly situated; David Singletary, individually and on behalf of a class of individuals similarly situated; Charisse Brittle Powell, individually and on behalf of a class of individuals similarly situated; Cathenia D. Cooper-Paterson, individually and on behalf of a class of individuals similarly situated; Molwyn Shaw, individually and on behalf of a class of individuals similarly situated; Lamont Anderson, individually and on behalf of a class of individuals similarly situated; Gloria Kinkead, individually and on behalf of a class of individuals similarly situated; Kenneth Gaines, individually and on behalf of a class of individuals similarly situated; Murphy Gregory, individually and on behalf of a class of individuals similarly situated; Julian Turner, individually and on behalf of a class of individuals similarly situated; Neva Grice, individually and on behalf of a class of individuals similarly situated; Delores E. Facey, individually and on behalf of a class of individuals similarly situated; Lisa Venus, individually and on behalf of a class of individuals similarly situated; Rodney O. Best, individually and on behalf of a class of individuals similarly situated; Karen Vandyke, individually and on behalf of a class of individuals similarly situated; Robert C. Young, individually and on behalf of a class of individuals similarly situated; Royline Lamb, individually and on behalf of a class of individuals similarly situated; Lynn Davis, individually and on behalf of a class of individuals similarly situated; James A. Jackson, individually and on behalf of a class of individuals similarly situated; Juan Rosario, individually and on behalf of a class of individuals similarly situated; Louis Rosario, Jr., individually and on behalf of a class of individuals similarly situated; Obed Almeyda, individually and on behalf of a class of individuals similarly situated; Devon Williams, individually and on behalf of a class of individuals similarly situated; Julio M. Toledo, individually and on behalf of a class of individuals similarly situated, Plaintiffs, Appellants,
v.
Marisol Nobrega, individually and on behalf of a class of individuals similarly situated, Plaintiff,
v.
CITY OF LAWRENCE, MASSACHUSETTS; City of Methuen, Massachusetts; John Michael Sullivan, in his capacity as Mayor of the City of Lawrence, Massachusetts; William Manzi, III, in his capacity as Mayor of the City of Methuen, Massachusetts; City of Lowell, Massachusetts; City of Worcester, Massachusetts; Appointing Authority for the City of Lowell, Massachusetts; Michael O'Brien, in his capacity as City Manager of the City of Worcester, Massachusetts; City of Boston, Massachusetts; City of Springfield, Massachusetts; Domenic J. Sarno, Jr., in his capacity as Mayor of the City of Springfield, Massachusetts; Massachusetts Bay Transportation Authority; Daniel Grabauskas, in his capacity as General Manager, Massachusetts Bay Transportation Authority; Board of Trustees of the Massachusetts Bay Transportation Authority, Defendants, Appellees,
William F. Martin, in his capacity as Mayor of the City of Lowell, Massachusetts; Konstantina B. Lukes, in her capacity as Mayor of the City of Worcester, Massachusetts; Commonwealth of Massachusetts; Paul Dietl, in his capacity as Personnel Administrator for the Commonwealth of Massachusetts, Defendants.
United States Court of Appeals, First Circuit.https://leagle.com/images/logo.png
Bonnie I. Robin-Vergeer , Attorney, Department of Justice, Civil Rights Division, Appellate Section, with whom Sharon M. McGowan , Attorney, Civil Rights Division, Vanita Gupta , Acting Assistant Attorney General, P. David López , General Counsel, and Carolyn L. Wheeler , Acting Associate General Counsel, Appellate Services, Equal Employment Opportunity Commission, were on brief for amicus the United States of America.
James F. Kavanaugh, Jr. , with whom Christopher K. Sweeney , and Conn Kavanaugh Rosenthal Peisch & Ford, LLP, were on brief, for appellees Massachusetts Bay Transportation Authority, Daniel Grabauskas, and the Board of Trustees of the Massachusetts Bay Transportation Authority.
Rachel M. Brown , Assistant City Solicitor, City of Lowell Law Department, with whom Christine Patricia O'Connor , City Solicitor, City of Lowell Law Department, was on brief for appellees City of Lowell, Massachusetts, and Appointing Authority for the City of Lowell, Massachusetts.
Tim D. Norris , with whom Joshua R. Coleman , and Collins, Loughran & Peloquin, P.C., were on brief, for appellees City of Worcester, Massachusetts, Michael O'Brien, City Manager of Worcester, and Konstantina B. Lukes, Mayor of the City of Worcester.
Anthony I. Wilson , Associate City Solicitor, City of Springfield Law Department, with whom Edward M. Pikula , City Solicitor, and John T. Liebel , Associate City Solicitor, were on brief, for appellees City of Springfield, Massachusetts, and Mayor Domenic J. Sarno, Jr.
Raquel D. Ruano , Attorney, Office of the City Attorney, City of Lawrence, Massachusetts, and Charles D. Boddy, Jr. , Attorney, Office of the City Attorney, City of Lawrence, Massachusetts, on brief for appellees City of Lawrence, Massachusetts, and Mayor John Michael Sullivan.
Kerry Regan Jenness , Attorney, Office of the City Solicitor, City of Methuen, on brief for appellees City of Methuen, Massachusetts, and Mayor William M. Manzi, III.
Michael L. Foreman , Civil Rights Appellate Clinic, Dickinson School of Law, Pennsylvania State University, on amicus brief of National Urban League and the National Association for the Advancement of Colored People.
Gary Klein , Kevin Costello , Corinne Reed , Klein Kavanagh Costello, LLP, Mark S. Brodin , Professor, Boston College Law School, and Ray McClain , Director, Employment Discrimination Project, Lawyers' Committee for Civil Rights Under Law, on amicus brief of Massachusetts Association of Minority Law Enforcement Officers, New England Area Conference of the National Association for the Advancement of Colored People, Urban League of Eastern Massachusetts, and Professor Mark S. Brodin.
Christopher L. Brown , Christopher J. Petrini , and Petrini & Associates, P.C., on amicus brief of International Municipal Lawyers Association, Massachusetts Municipal Lawyers Association, Massachusetts Municipal Association, National Public Employer Labor Relations Association, Massachusetts Chiefs of Police Association, Inc., and Fire Chiefs Association of Massachusetts, Inc.
Before TORRUELLA, LYNCH, and KAYATTA, Circuit Judges.
KAYATTA, Circuit Judge.
In selecting police officers for promotion to the position of sergeant in 2005 and 2008, the City of Boston and several other Massachusetts communities and state employers adapted a test developed by a Massachusetts state agency ("HRD")1 charged under state law with creating a selection tool that...
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