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Decisions of Interest
Parens Patriae Standing for Attorney General Confirmed
The Attorney General of the State of New York has parens patriae standing to bring discrimination cases against an employer on behalf of the people of New York. EEOC v. Federal Express Corp., 2003 WL 21397657 (E.D.N.Y. 6/17/03) (Garaufis, J.)
In a Title VII action involving the right of employees to wear dreadlocks for religious reasons, employer Federal Express challenged the authority of the Attorney General's Office to prosecute the action on behalf of the State. The court rejected Federal Express's challenge, and held that not only did the Attorney General have authority to prosecute the case under New York Executive Law '63(1), but also that the State had parens patriae standing as an “aggrieved person” within the meaning of Title VII. The court ruled that Title VII's standing provision clearly envisioned civil suits by a government or a government agency. Moreover, parens patriae standing was consistent with the remedial purposes of Title VII, which is to eradicate employment discrimination from the national economy.
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