The Percy Program

It is a fight to level the playing field to be able to compete for jobs and careers on the basis of skills and make available apprentice training to all. In 1973 Al Percy launched a class action lawsuit to give workers like him a chance to better their lot in life. It would also ensure the availability of skilled workers to build the infrastructure of the future.

Views
3 years ago

Percy Action

112. The Order

112. The Order certifying the Class in Case 73-cv-04279 is at 17-2273 Docket 97, Appendix 1, Volume 3 of 3, page 640, and the final disposition of Case 73- cv-04279 is at Docket 97, Appendix 1, Volume 3 of 3, page 740, respectively. 113. Percy v. Brennan Case 73-cv-04279 sought and was granted relief as affirmative action for apprenticeship to develop skills and equal employment opportunity. 114. The issues adjudicated by the Court's February 24, 1975 Order in Case 73- cv-04279, Docket #99, Appendix 1, Volume 3, page 728 in 17-2273 and are enforceable under the doctrine of collateral estoppel with respect to the preclusive effect asserted in this action of the Memorandum/Order of November 8, 1974. Plaintiff Percy Class is entitled to a declaration that the Defendants are precluded under the doctrine of collateral estoppel, from denying the standing and relief for enforcement of EO 11246. 115. This action, grounded on the record in US SDNY Case 73-cv-04279 and related laws and regulations identified in Percy v. Brennan 73-cv-04279, is now relied on for certifying the Percy Class, thereby determining the issue of standing in favor of the Percy Class. The issues adjudicated by the Court's February 24, 1975 Order in Case 73-cv-04279, Docket #99, Appendix 1, Volume 3, page 728 in 17-2273 are enforceable under the doctrine of collateral estoppel with respect to the preclusive effect asserted in this action of the Memorandum/Order of November 8, 1974. 116. Under the doctrine of collateral estoppel of the Court's February 24, 1975 Order in Case 73-cv-04279, Docket #99, Appendix 1, Volume 3, page 728, and by Appeal 17-2273, this plenary action enforces the Memorandum Order of Judge Lasker of November 8, 1974 entered by the Court's February 24, 1975 Order. 117. The title of Case 73-cv-04279 has changed pursuant to FRAP 43(c)(2) by order of the Second Circuit Court of Appeals to reflect the changed parties, which was done at Docket #96-104 in 17-2273, replacing public officials where a new person has succeeded them in office. X. PERCY, THE APPRENTICE that never was 118. Percy speaks here in the first person describing the unfairness and depravity as personal, suffering serious, permanent and irreparable 28

economic and social injury and damage as a result of the actions and/or inactions of the Defendants in not developing less onerous and less offensive alternatives for hiring persons than the disparagement of selection by color of their skin or ethnicity, when all this does is cause an employer to disregard qualifications and competency and instead select employees on an illegal basis of goals for society’s outcasts. This illegal disparate treatment is personal and permanent. Percy’s circumstances are common and prevalent to the all the members of the Class. 119. Percy retained the Kernan Professional Group, LLP to represent the Percy Class. James Kernan, substituting for Dennis R. Yeager Esq., now deceased, who was Plaintiff’s appearing counsel in the original Percy Action. 120. 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, awakening the crisis on behalf of the Percy Class attempting to obtain work, 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, in an amount to be determined at trial. 121. In Percy's words when retaining Kernan to pursue what was awarded to him and the Percy Class: 122. Percy asked why he never became The Apprentice? "I waited, faithfully, expecting that the relief awarded by the United States District Court would happen any day and I would be apprenticed, but days turned into weeks turned into months and then years, while I waited.” “What I seek is what was awarded to me. I'm not blaming anyone mind you, I have gone on for years knowing something is wrong, it’s as if there is a strange disease that appears to affect black men. You begin to wonder about yourself, but I stupidly lived on in an urban community where forces of disengagement are more formidable than the resources for battling. Now, I finally have my courage up and seek to regain the relief against Secretary Brennan and the government awarded to me and the class I represent by Judge Lasker.” “The lack of action by the Defendant Government Agencies has gone 29

Alternative Employment Practice Percy Program