Percy Action

equirements of the

equirements of the National Apprenticeship Act of 1937, incorporating OJT apprenticeship into workers’ compensation insurance safety, risk management and loss control as the vehicle to alleviate disparate impact. This is the Alternative Employment Practice. 67. The skilled trades are in constant need of new and experienced personnel able to handle the many changing aspects of the industry where the range of experience required for workers is always evolving. Continuing education will allow employees to be trained and be up-to-date on new equipment and methods and to be able to handle the day-to-day operations that all depend upon. 68. As recited above, the Percy Program was chartered in 1990 and received licenses in 1993 for the following lines of business: Health & Disability, Workers Compensation, and Fidelity & Surety Bonding. 69. The Program provides surety bonds for independent entrepreneurs, small and disadvantaged business enterprises and provides for mentoring of each of the independent entrepreneurs it writes for whom it writes a bond, considering the human aspect of work product, job performance and growth through performance as has been and will continue to be fostered and mentored through the unique Percy Program. 70. Carl Evans with Irving Hurdle, Webster Gillory, Walter Fauntroy, Roger Edmunds, Anthony Robinson, and Lynette Barnhardt, and myself as counsel to Percy (the “Advocates” referred to at paragraphs 153 - 154 hereof), comprised a team working presenting the Alternative Employment Practice to the Defendants, all to no avail because the Defendant Government Agencies and authorities have refused the plight of the Percy Class, frustrating the Alternative Employment Practice, failing to enforce EO 11246 and the mandates of the Civil Rights Act. 71. I am working with the Minority Business Enterprise Legal Defense & Education Fund (“MBELDEF”), an organization that seeks to protect the civil rights of disadvantaged persons, including the right to equal employment opportunity, and they as well as I am experienced in this type of litigation brought by the Percy Class. 16

72. We (myself as Class Counsel, the Advocates and the Percy Class) seek declaratory. injunctive and monetary relief so as to be able to compete fairly for jobs based on ability, rather than skin color or ethnicity. 73. We bring this action to compel the adoption of the proposed Alternative Employment Practice, of providing OJT apprenticeship training within workers' compensation insurance safety training, loss control, and risk management provided to Employers, made a part of workers' compensation coverage required of all employment on which EO 11246 and the Civil Rights Act of 1964, as amended in 1991, are applicable. 74. We bring this action seeking equitable relief to enforce the Alternative Employment Practice and we seek money damages in the tag-along actions identified at paragraphs 235 - 238 of this Complaint. 75. The Percy Class is represented by a legal team experienced in this struggle and competent in civil rights litigation. Despite spending over two decades fighting to defend and keep the viability of the entities, licensing, authority, and goodwill intact. Now we are ready to step forward once again, mature and wise having been tested and survived, with all of the tools still in force and viable that were developed to implement the relief to which the Percy Class is entitled. VI. CLASS REPRESENTATIVE Percy as the Class Representative 76. Plaintiff Albert E. Percy (“Percy”) has and will fairly and adequately protect the interests of the members of the Class. Percy has no conflict of interest with the members of the Class. Percy resides at 119-09 232 Street, Cambria Heights, NY 11411-2223, where he owns a residence and is an active registered voter in election district 70 in Queens. Percy is the Class Representative in the above captioned lawsuit Percy v. Brennan, 3 Civ. 4279; File # 41415384 (S.D.N.Y.) (filed 10/9/1973) (the “Percy Action”) for the class of all black and Spanishsurnamed persons identified in Percy v. Brennan. 17