Percy Action

U.S.C. §

U.S.C. § 2000e-2(k)(1)(A)(ii) and (k)(1)(C) of the Civil Rights Act of 1964 as amended in 1991. 91. In addition, this action is for breach of contract brought by the Percy Class as third-party beneficiaries for violating conditions of contracts, including but not limited to EO 11246. 92. This action is on behalf of the Plaintiff Percy Class which has been disenfranchised and denied entry into paid on-the-job-apprentice training (“OJT”) to be able to compete for employment on facilities and projects receiving Federal Funding to the Government Agencies, under the supervision of the nominal Defendants Eugene Scalia , Secretary Of Labor; The United States Department Of Labor; Craig E. Leen, Director; Office Of Federal Contract Compliance, in violation of the Civil Rights Act, and specifically 42 USCA §2000e-2 and §2000d as amended in 1991, and in breach of the conditions to contracts regarding Federal Funding from the United States of America, and of rights secured by the Fifth and Fourteenth Amendments to the United States Constitution, 42 U.S.C. §§§1981, 1983 and 1985, and Executive Order (“EO”) 11246 as provided for in contracts using the Federal Funding. 93. Owners and Government Agencies have merely passed the obligations through to Employers with goals ignoring the mandates of United States EO 11246, as well as several other federal regulations applicable to contracts involving Federal Funding, causing and continuing to cause disparate impact discrimination that these statutes, orders, and regulations were designed to remedy. It would be irrational and illogical to just assume that a business which is owned by a so-called minority will, out of the goodness of their heart, hire their ilk. No. Even they would want hire skilled workers able to make their businesses profitable. To expect a minority business enterprise will hire all minorities is illusory, it doesn't happen. Hiring is not because of the color of a person's skin, or their ethnicity, hiring in fact and reality must be by skills and capability. Defendant Government Agencies and Owners have been ambivalent, or have intentionally or unwittingly provided support to others yet to be identified and not named at this time, who have interfered and obstructed the Percy Program’s1 sponsorship of OJT apprenticeship under the Fitzgerald Act (29 U.S.C. §50 commonly 22

known as the National Apprenticeship Act of 1937, section 1 (29 U.S.C. 50) under U.S. Department of Labor's Bureau of Apprenticeship and Training (BAT) and C.F.R. T. 29, Subt. A, Pt. 29 and Pt. 30. 94. Historically, the Percy Class has been locked out of the skilled trades. Without skills and safety training a person cannot progress from being unskilled, except by hands-on and rewarding OJT, to reach skilled occupational competence with opportunity of advancing. The members of the Percy Class have been and are ready, willing and able to work, persistently wanting to work, but have been constantly deprived and denied work, damaging the members of the Percy Class, and damaging the families of the members of the Percy Class, their children growing up in poverty, significantly disadvantaged in education and skills, struggling to get a job, damages in an amount to be determined at trial. 95. The Defendants, individually and collectively, alone and in concert with other still unidentified parties, cloaking themselves with the mantle of public service, utilized and are still utilizing all the power of the Government Agencies, in a malevolent effort to deny the Percy Class an opportunity to compete safely and effectively within the American free enterprise system. By reason of the foregoing wrongdoings of the Defendants, Percy as a Class has sustained serious, irreparable, continuing damages. 96. This action is grounded by collateral estoppel by the Memorandum/Order (“Memorandum/Order”) of Judge Lasker issued by the United States District Court for the Southern District of New York Case of Percy v Brennan Case 73-cv-04279, reported at 384 F Supp 800 of November 8, 1974 and set forth in the Docket on Appeal 17-2273 ECF Docket #99, Appendix 1, Volume 3 of 3, page numbered 640[ 9 ], and entered by Order thereon on February 24, 1975 in Case 73-cv-04279, Docket #99, Appendix 1, Volume 3, page 728 (“Order”) and closed on May 4, 1977, Docket #99, Volume 3, page 740, the [ 9 ] The documents are paginated in the lower right hand corner to correspond with DOCKETED NATIONAL ARCHIVES CERTIFIED DOCUMENTS DETAILED TABLE OF CONTENTS at the beginning of each appendix 23