The opinion of the court was delivered by: WEINER
WEINER, J.: These actions originated on February 12, 1974, with Penelope Brace's lawsuit, (Brace v. O'Neill et al, C.A. No. 74-339), in which Brace sought reinstatement to her employment as a policewoman,
to restrain discrimination in police assignments and denial of the opportunity for promotion because of sex.
The United States filed its suit on February 19, 1974 (U.S.A. v. City of Philadelphia et al, C.A. No. 74-400) alleging that the City discriminated against females with respect to job opportunities in the Philadelphia Police Department, in violation of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e, et seq., the Fourteenth Amendment to the Constitution of the United States, and the guidelines of the Department of Justice and the Law Enforcement Assistance Administration which provide for equal employment opportunity in federally funded programs and activities, 28 C.F.R. § 42.201, et seq., the Fourteenth Amendment to the Constitution of the United States, and the guidelines of the Department of Justice and the Law Enforcement Assistance Administration which provide for equal employment opportunity in federally funded programs and activities, 28 C.F.R. § 42.201, et seq. On December 18, 1974, the United States action was consolidated with the Brace action.
On April 13, 1978 Lucy Sanford, Shirley Black, Mari Pritchard, Patricia Sullivan, Carolyn Carter, Brenda Williams, and Ernestine McCullough filed an action against the City of Philadelphia and Police Commissioner Joseph F. O'Neill alleging that the police department had unlawfully rejected them for appointment as police officers, (Sanford et al v. O'Neill et al, C.A. No. 78-1154). On February 27, 1979, that action was consolidated with the Brace and the United States actions.
On February 19, 1980, Rhona Green, Patsy Matthews, Harriett L. Farr, and Julie Schrant, individually and on behalf of all other similarly situated Philadelphia female police officers, filed a motion to intervene in the United States action, a motion for designation as a class action, and a motion to enjoin the City's contemplated layoff of police officers on the ground that such layoff would have disproportionate impact upon female police officers.
On July 15, 1980, the plaintiffs United States, Patricia Sullivan, Carolyn Carter, and Ernestine McCullough, and the defendant City of Philadelphia filed a joint motion for entry of a consent order. The terms of the proposed consent order were agreed to by plaintiffs Rhona Green, et al, Mari Pritchard, Lucy Sanford, Rose Waters, and Shirley Black.
The proposed consent order provides prospective and remedial relief for females. The central provisions require that the City:
1. Cease discriminating against females with respect to job opportunities in the Philadelphia Police Department and, in particular, that the City comply with the Federal Executive Agencies' Uniform Guidelines on Employee Selection Procedures, 43 F.R. 38290, et seq. (August 25, 1978), and with the Equal Employment Opportunity Commission's Employment Policies Relating to Pregnancy and Childbirth, 44 F.R. 23804, et seq. (April 20, 1979) (Order, para. 1);
2. Adopt and seek to achieve a thirty percent (30%) annual hiring goal for females in the hire of the next 2,670 police officers (Order, para. 4);
3. Adopt and put into effect a recruitment program on behalf of females to ensure that the City meets the thirty percent (30%) annual hiring goal for females set forth in paragraph 2, supra (Order, para. 5);
4. Undertake sufficient affirmative action in the filing, by transfers, of police officer vacancies which hereafter occur in the Police Department's special units to ensure that female police officers are fully integrated in such units within twelve (12) months from the date of entry of the Order, and remain so integrated throughout the life of the Order (Order, para. 8);
5. Promote thirty-three (33) of the Police Department's current 186 female police officers to the next vacancies which occur in the ranks of detective (16) and sergeant (17) (Order, paras. 12 and 13);
6. Provide the sum of $700,000.00 in back pay, as well as retroactive seniority credit, pension benefits and, where applicable, job offers and promotion, to those incumbent female police officers, rejected applicants and futility claimants who the United States contends have been the victims of the City's unlawful practices (Order, Part V); and
7. Provide the sum of $37,328.56 to the United States for the costs it has incurred in this action (Order, Part VIII).
Objections to the proposed consent order have been made by Penelope Brace and numerous other female police officers. Approximately nine female police officers filed affidavits setting forth their grounds for objecting to the proposed consent order, that they were not included in the list of ...