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A class-action age discrimination complaint has been filed to stop the STATE OF NEW YORK and/or its agent STATE UNIVERSITY OF NEW YORK from hiring "new" (younger) employees to REPLACE faculty and professionals with permanent contracts who are over the age of forty (40).
The basis for the complaint is a STATE OF NEW YORK contract article claiming the "State has the right to contract out" (terminate!) the services of academic or professional staff with continuing/permanent contracts with no provisions for continued benefits, including but not limited to health insurance, retirement benefits and past guarantees of "no age discrimination".
In accordance with the work-sharing agreement between the State agency (Division of Human Rights) and the Federal agency (EEOC), the STATE OF NEW YORK's Executive Department Regional Division of Human Rights office in Buffalo, New York will meet on Tuesday, May 19, 1998 at 11 a.m. with representative(s) of the class action complaint.
If you would like further news bulletins about this class-action age
discrimination complaint or want to help save the rights of workers over
40 in New York State, contact the age-discrimination complaint
coordinators (Georgiana Jungels and Paul Zarembka) at the following
e-mail address: "sunyaged@hotmail.com".
When was the age discrimination complaint filed?
How was the age discrimination complaint filed?
What action(s) have been taken to date by the Federal (EEOC) and State (NYSDHR) agencies?
How can I add my name to the class action complaint?
Is there some way that I could participate anonymously in the work that is being done?
Has a grievance been filed over the issues?
How many faculty and professionals in the University have been affected by the contracting-out article in the new STATE/UUP contract?
How many permanent SUNY employees are over the age of 40?
If a SUNY employee with a permanent contract is not yet 40, is there any protection against contracting out?
How can the STATE OF NEW YORK or its agent, the State University of New York (SUNY), resolve the complaint?
How will I get further information about the SUNY Age Discrimination class-action complaint?
REQUEST FOR RIGHT TO SUE IN FEDERAL COURT
The age discrimination complaint filed last March 28, 1998 against the STATE OF NEW YORK (employer) and the current union (UUP) for the 21,747 SUNY faculty and professional staff is now one-step from a lawsuit in federal court. After six months of responding to numerous improper attempts by the State (a party) to assume jurisdiction over the complaint, the coordinators requested a RIGHT TO SUE letter from the EEOC. For a summary of the coordinators' work from 12/15/97 to 10/1/98 to correct the "contracting out" (termination!) agreement signed by State and UUP, read the history of events leading up to the current request at the following Web page: http://ourworld.compuserve.com/homepages/PZarembka/aged.htm .
For further information, contact the coordinators by e-mail at sunyaged@hotmail.com or write:
October 17, 1998, date of receipt
NOTICE OF RIGHT TO SUE, from Spencer H. Lewis, Jr., District Director, EEOC
[Responding positively to our request dated September 26, 1998, the New York District Director for the U. S. Equal Employment Opportunity Commission (EEOC) issued a NOTICE OF RIGHT TO SUE on October 9, 1998, received by us on October 17, 1998. G.J. and P.Z.]
To:
Georgiana Jungels and Paul Zarembka
individually and on behalf of all
academic and all professional
employees over the age of forty
NOTICE TO THE PERSON AGGRIEVED:
...
Age Discrimination in Employment Act (ADEA): You may sue under the ADEA at any time from 60 days after the charge was filed until 90 days after you receive notice that we have completed action on the charge. In this regard, the paragraph marked below applies to your case:
[ X ] The EEOC is closing your case. Therefore, your lawsuit under the ADEA must be filed in federal or state court WITHIN 90 DAYS of your receipt of this Notice. Otherwise, your right to sue based on the above-numbered charge will be lost.
...
If you file suit based on this charge, please send a copy of your court complaint to this office.
October 9, 1998 (Date Mailed)
Letter to UUP President Scheuerman: UUP CONSENTING TO BECOME NAMED PLAINTIFF?
STATE OF NEW YORK
UNITED UNIVERSITY PROFESSIONS
AGE DISCRIMINATION COMPLAINT
Professors Georgiana Jungels and Paul Zarembka, Coordinators
http://ourworld.compuserve.com/homepages/PZarembka/aged.htm
sunyaged@hotmail.com
P. O. Box 1077
Buffalo, NY 14213
December 5, 1998 (U. S. Mail and FAX and E-Mail)
William E. Scheuerman, President
United University Professions
159 Wolf Road
Albany, NY 12205-1177
Dear Bill,
In response to your invitation, we are writing this open letter to you as our union President.
As you know, prior to September 30, 1997, professors, librarians and professional employees with permanent/continuing appointments had permanent contracts until they resigned, retired, or were terminated for physical or mental incapacity under the SUNY Trustees POLICIES.
After Septemer 30, 1997, the State claims a "right" to contract-out (terminate!) the services of professors, librarians, and professionals with only one entitlement, "redeployment consideration" (Article 36.1 of the 1995-1999 Agreement between the STATE OF NEW YORK and UUP).
In the hope there was something that could be done to protect all PSNU members rights, we consulted our colleagues and labor law experts and we found there was at least one thing we could do.
In accordance with State and Federal procedures, we filed a complaint of age discrimination with EEOC and the State FEPA (State Executive Department Division of Human Rights) within the required timeline.
Why age discrimination? Most PSNU members with permanent contracts are 40 years of age and older.
On October 17, 1998, we received a RIGHT TO SUE letter from the EEOC. Why is this EEOC notice significant to all of us? It's simple. The time limit for any/all PSNU members has been protected. Given this fact, the next step is simple for an attorney - file a complaint in Federal Court.
But, as long-standing union activists, this is not so simple for us. Some lawyers have advised us to name both the State and UUP as the "parties"; some asked why the union gave up our permanent contracts; some suggested we ask our union to join us to protect all PSNU members.
This is our last chance to save our State University colleagues from contracting-out (termination!).
Therefore, we are asking you as UUP President to advise us, in writing, on or before December 16, 1998, whether or not UUP is willing to consent to become a named plaintiff in a class action lawsuit "on behalf of all" SUNY professors, librarians and professionals who are 40+ (most of us!).
In solidarity,
Georgiana Jungels, UUP Member and Paul Zarembka, UUP Member UUP at SUNY College at Buffalo UUP at SUNY University at Buffalo sunyaged@hotmail.com sunyaged@hotmail.com (716) 877-5133 (716) 875-1698 State Line No. 21019 State Line No. 70198 cc: Chapter Presidents