This page has been put together to hold all the information pertaining to the ATR discrimination action.
*We are receiving many applications after the deadline we set below. We are also receiving additional inquiries from ATRs who want to join the complaint we submitted. We will continue to collect and process the submissions we receive using the form below. Additional complainants help further exemplify the age discrimination we are alleging.
Initially, we put out a questionnaire to assess the data pertaining to ATRs not being hired permanently. The data, from the 60+ ATRs who filled out the form, showed that the average age was over 50 and the average years experience was over 20. This is very telling as the NYCDOE has been hiring approximately 5,000 new teachers every year, and that excessing is supposed to be in reverse seniority.
To try to obtain a meaningful remedy, in the most cost-effective manner, our firm plans to file a New York State Division of Human Rights (SDHR) complaint on behalf of each member who is interested and joins the group on the same terms. The SDHR complaints will be filed together as a group and we are hoping such a group filing, with this many people, will cause the UFT and DOE to take notice and move towards a meaningful remedy for the group, and the schools who would benefit from your vast experience. Depending on the SDHR, UFT, and DOE's reaction to the filing of the group charge, we will decide at that point whether there is a viable action to file in federal court. An ATR filing alone stands less of a chance to win, but thus far, over 60 ATRs have shown interest.
At a minimum, the work involved on our part would be to:
To manage this work, and compensate for the time, we are asking just $250 per member who wants their name and story in this action. No separate consultation fee will be necessary unless an ATR has issues they want to be addressed outside this group discrimination complaint. Payment can be paid by credit card, certified check, or money order. Payment options will appear after you click "SUBMIT" on the form at the bottom of this page.
Keep in mind that if the SDHR finds probable cause that there is discrimination, they can hold a public hearing and award damages to those who filed a complaint.
Frequently Asked Questions
CAN'T I BE TARGETED EVEN MORE FOR FILING THIS COMPLAINT? We can never know how the employer or supervisors will react to a complaint. What we do know is that the SDHR has a protection against retaliation for filing a complaint. We believe that by filing, the ATR may have additional protection should negative actions be taken against them.
WHAT CAN OUR DAMAGES OR AWARD BE?: This has come up a lot and we would like to explain what this means here. Yes, it is true that whether you are permanently hired, or provision, or rotating, your salary is really not affected. However, keep in mind that if you lost per session opportunities, such as grading regents, summer school, or coaching, those can be considered "damages" to your income. In addition, the SDHR can award damages for mental anguish. Enter those losses in the details section of the form below. Hopefully, the SDHR will find probable cause and compensate you for those losses outside your salary.
DO YOU TAKE A PERCENTAGE OF ANY WINNINGS? We will not be taking, or expecting, anything from any damages awarded to you by the SDHR.
NEXT STEP: If you already filled out the first form, that collected the preliminary data, and are interested in continuing, then you have to fill out the form below and make a payment by February 9, 2018 (We are taking applications after this date up until we are ready to file). If you have not filled out the initial questionnaire, then please do so by clicking here. In other words, bothforms need to be filled out before any ATR joins the complaint. The first form collects group data and the second, found below, collects individual data for the complaint.
If you have further questions, email firstname.lastname@example.org.
We applaud you for taking ownership in changing a system that ignores and does not value, your experience.