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Wolf Haldenstein Adler Freeman & Herz LLP: Minority Business Owners Settle Federal Civil Rights Action Against Robert E. Antonacci, II and the County of Onondaga for Mandates Intended to Advance Minorities Countywide

NEW YORK, Feb. 07, 2019 (GLOBE NEWSWIRE) -- Wolf Haldenstein Adler Freeman & Herz LLP  settles a federal civil rights case on behalf of Plaintiffs against the County of Onondaga (the “County”) and Robert E. Antonacci, II (“Antonacci”) for mandates intended to advance minority opportunities countywide. The settlement requires the County of Onondaga to institute a minority hiring policy; conduct and publish a comprehensive assessment of minority employment throughout the County; develop a County diversity and inclusion internship; and require diversity, harassment prevention, and sensitivity training for every County employee. The settlement also requires that Antonacci, the former Onondaga County Comptroller, participate in three Minority Business Enterprise (“MBE”) forums as a panelist. Plaintiffs Dino Dixie, Cheyenne Talbert, and Eli Smith (“Plaintiffs”) are pleased to have reached a settlement with many significant non-expiring mandates, and they look forward to its implementation and the positive impact it will have on the minority community in the County of Onondaga.

“The best remedy for discrimination and racism is to increase diversity and inclusion in an effort to promote tolerance, compassion, and mutual respect,” stated Plaintiff Eli Smith, “We believe that the mandates we secured are a significant step forward towards these objectives.”

Settlement: Plaintiffs’ settlement obtained performance mandates from Antonacci and the County of Onondaga. A summary is provided below; specific details are available here.

Antonacci Mandate

By November 1, 2019, Antonacci, who is now a New York State Senator,  must serve as a panelist at three MBE forum’s mutually agreed upon by the Plaintiffs and Antonacci, sponsored by the State of New York, the County of Onondaga, and/or the City of Syracuse.

County Mandate

1. Minority Hiring Assessment: By May 15, 2019, the County will conduct an assessment, through the County Personnel Department, to analyze the County’s current minority hiring (“Minority Hiring Assessment”), post the data on the County’s website, and update it every six months until May 15, 2021. The assessment will examine how many minorities are employed at each grade/level in every agency/department throughout the County.

2. Diverse & Inclusive Personnel Hiring Policy: The County will institute a definitive minority hiring policy (“Diverse & Inclusive Personnel Policy”) to ensure that minority communities are represented in both management and executive ranks and to the extent possible, among civil service employees in each agency/department throughout the County. This mandate does not expire.

3. Onondaga County Diversity & Inclusion Internship: The County will sponsor an annual unpaid eight-week full-time summer internship for twenty-four diverse and/or socio-economically challenged high school and/or college students who live in Onondaga County. Two interns will be placed in each of the twelve selected County agencies/departments. Some of the applicants will be submitted by the Plaintiffs. This mandate does not expire.

4. Diversity, Harassment Prevention, & Sensitivity Training: By February 1, 2020, the County will ensure that every employee of each agency/department throughout the County participates in live and/or interactive Diversity, Harassment Prevention, & Sensitivity Training and that new employees must do so within the first three months of their start date.  This mandate does not expire.

Background: On October 6, 2016, Plaintiffs filed a federal civil rights complaint against the County of Onondaga and County Comptroller Antonacci.  Plaintiffs’ alleged disparate treatment based upon their status as minority business owners. The case was filed in the United States District Court for the Northern District of New York and was assigned to the Honorable Frederick J. Scullin, Jr.  Following the filing of the Complaint, Motions to Dismiss were filed by the County and Antonacci.  On May 24, 2017, Judge Scullin denied the Motions to Dismiss with one exception, which resulted in the removal of the position of County Comptroller as a named Defendant, but kept in Antonacci personally as a named Defendant “because plaintiffs have plausibly pled viable equal protection claims against him....” Thereafter, the settlement was mediated by U.S. Magistrate Judge Thérèse Wiley Dancks and a Notice of Discontinuance was filed with the Court on February 1, 2019.

Plaintiffs’ Counsel: The Plaintiffs are represented by Wolf Haldenstein partners Regina Calcaterra and Malcolm T. Brown and of-counsel Kate McGuire.   

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Founded in 1888, Wolf Haldenstein has extensive experience in the prosecution of complex class actions in state and federal trial and appellate courts across the country, including before the U.S. Supreme Court.  The firm’s attorneys have expertise in various practice areas, including federal civil rights, securities, antitrust, and consumer litigation.  Wolf Haldenstein’s reputation and expertise in class action litigation has been repeatedly recognized by the courts, which have appointed it to major positions in complex multi-district and consolidated litigations.

Contact:
Regina Calcaterra
Wolf Haldenstein Adler Freeman & Herz LLP         
(212) 545-4600
Calcaterra@whafh.com

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