Federal judge ends 38-year-old consent decree in Jefferson County

Jefferson County had been under a consent decree over discriminatory hiring practices since 1982, from a lawsuit filed in the mid-1970s. (contributed)
After nearly four decades under federal supervision for discriminatory hiring practices, Jefferson County was released Monday from one of the longest serving consent decrees in the country.
In a nine-page order, U.S. District Judge Lynwood Smith terminated a 38-year-old consent decree, writing that the county has “demonstrated its ability and commitment to function in compliance with federal law, absent judicial supervision.”
The consent decree, which stemmed from a 1970s lawsuit that claimed Jefferson County was discriminatory in hiring practices of Blacks and women, was entered on Dec. 29, 1982, and has involved tens of millions of dollars in legal fees, five years with a court-appointed receivership and two years with a monitor.
“We promise this is the beginning of a new day in Jefferson County,” said Commission President Jimmie Stephens on Monday from the downtown courthouse. He said the county’s hiring practices are progressive, are not based on race or gender and represent the county’s population.
Commissioner Sheila Tyson celebrated a “historic” day in Jefferson County.

“We promise this is the beginning of a new day in Jefferson County,” Commission President Jimmie Stephens said. (file)
“We are finally exiting the federal consent decree,” she said. “In 2013, the county was found in contempt, and since then the county has worked hard over the last few years to live up to the original intent of the consent decree.”
Commissioner Joe Knight called the day “a milestone” and said, “It’s been a long road, and it seems like we went a long way around about doing what’s right, but we now have that practice in place” for nondiscriminatory hiring.
Alabama’s most populous county now has one of the most diverse and inclusive leadership teams because of the procedures in place, said County Manager and CEO Tony Petelos.
For example, county officials point out that the county’s chief finance officer, human resources director, public information officer, roads and transportation director, and deputy director of Cooper Green Mercy Health Services are all women.
“Over the last several years we have made changes in the way we hire people, and now we are very excited in the direction of Jefferson County,” Petelos said.
Theo Lawson, the first Black attorney to lead the county government, said the termination order confirms the county has begun a path that is “inclusive, that is compliant with federal law and continues to strive to make Jefferson Country an employer of choice among government employees.”
“We have not just attempted to demonstrate we are compliant with the federal consent decree, but we have gone far beyond and exceeded those requirements as it relates to fairness and diversity,” he said. “The processes we have in place work, and they continue to foster both excellence and diversity at the same time.”
The case began in January 1974 when the Ensley branch of the National Association for the Advancement of Colored People (NAACP) sued the city of Birmingham and the Personnel Board of Jefferson County, alleging they had engaged in discriminatory practices against Blacks. The consent decree came eight years after the lawsuit.
While the other defendants in the case – the city of Birmingham, the Personnel Board of Jefferson County and the Jefferson County Sheriff’s Office — had previously been released from federal supervision, Jefferson County had remained the lone defendant.
This story originally appeared on The Birmingham Times’ website.