1974-11-08; Filed
1974-11-08; Filed Memorandum #41415 motion granted Case allowing 17-2273, action Document to be maintained 71, 11/22/2017, as a 2179151, class action Page59 - of 215 certified 2017-07-24 doc 1 ' .. .. LOUIS J. LEFKOWITZ, ESQ. Attorney General, State of New York Two World Trade Center New York, New York 10047 Attorney for Defendants ·LLOYD G. MILLIKEN, ESQ. Assistant Attorney General WAJ~T8H. H. COLLEl:\AN, ESQ. DOF:AfJ r c:
1974-11-08; Filed Memorandum #41415 motion granted Case allowing 17-2273, action Document to be maintained 71, 11/22/2017, as a 2179151, class action Page60 - of 215 certified 2017-07-24 doc 1 LASIGm, D. J. This case, brought on behalf of minority persoLs seeking training and employmen-t in thE N'"'"'' York ccmstruc-- tion industry, challenges the affirmative action plan, {"tLe Nev.J ~t'ork Plan") ·v.rhich cnrren tly qoverns Ff~der;.:d_ ar:d State assisted ~onstruction projects in New York City. York Plan fails to guarantee equal protection and the ri~:rht to equal employment opportunities as required by the United States Constitution, 42 U.S.C. §1981 and Executive Order No. 11246. At issue also is the validity of federal and state attempts to pre-empt local government efforts to impose affirmative action requirements which are more rigorous than those contained in the New York Plan, althm;gh our d.ed sian in ~it_}:__~!~- D~~~~ond, 379 F. S.D.N.Y. Su.j_::p. 503 (/.L974) has at least pari:i.al1y disposed of this aspect of the case. The plaintiffs are Albert Percy, Manuel R. Mejia, and J-ohn Mercado, who move to represent a class of fellol'l black and Spanish-surnamed individuals seeking employment in the construction industry, and two organizations, Fight Back and National Association for thE; Advancement of Colored People (NAACP) . Defendants are the Secretary of Labor, the United States Department of Labor, the Assistant Secretary of Labor for Employment Standards, l. 0642
