The city discriminated for decades against entry-level black and Hispanic female employees — and should pay $246 million in back wages, a federal commission ruled Monday.
The finding by the Equal Employment Opportunity Commission came in response to a 2013 complaint by Local 1180 of the Communications Workers of America, on behalf of more then 1,000 current and former city workers.
But the ruling and recommended penalty were only cemented after the de Blasio administration offered no evidence to contest the charges, the commission said.
“Because the [city] has been afforded an opportunity to provide an appropriate response to the charge of discrimination and has failed to do so, the Commission determines that the silence is an admission of the allegations in the charge, and exercises its discretion to draw an adverse inference with respect to the allegations,” the ruling says.
The union complained that the minimum salary for the lowest level of administrative manager — held largely by black and Hispanic women — had been frozen for years, with little opportunity for promotion.
By contrast, higher-level administrative managers, who were mostly male and white, have seen significant raises, the union charged.
The commission said the city’s Department of Citywide Administrative Services initially provided limited evidence that it didn’t discriminate, but that requests for additional information were rebuffed.
The commission sought more information from the city in March 2014, but got no response.
A final notice on Dec. 11, 2014, that the city would get hit with a negative determination if it didn’t respond was also met with silence, the commission said.
“The findings are a federal indictment of the systemic inequality of the city’s personnel practices that this administration has inherited, and that our mayor has repeatedly stated he wishes to correct in our city,” said Local 1180 president Arthur Cheliotes.
“I am hopeful that this administration will take up the EEOC’s offer and engage in the conciliation process the EEOC has proposed to correct this institutional discrimination and finally end inequality in the ranks of the city’s workforce.”
City officials said they still have an opportunity to present evidence to the commission that could lower or eliminate the recommended penalties.
They plan to argue that the title of administrative manager comes with a range of responsibilities, and therefore a broad range of salaries.
“To be clear, this finding is not dispositive on any issue. The process is just beginning,” said City Hall spokeswoman Amy Spitalnick.
“There has not been a hearing and we expect there to be arbitration later this year, where it will be made clear that salaries have been set based on responsibilities and experience.”