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EEOC Nos. 120-2003-0304X,
120-2003-0305X; |
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The trial
ended on March 3rd 2009. We are now waiting for Administrative Judge
Modu's ruling. We will update you as soon as we learn of her decision.
On December 10,
2008, the Administrative Judge made a decision to exclude from the Class
all persons who have been employed as a supervisor or manager since
December 9, 2000, because of a potential conflict of interest in that
supervisors and managers may have been involved in some promotion
decisions. African-American women who have been supervisors or managers,
therefore, have been removed from the Class, and they have been sent a
letter from the Agency notifying them of this change. The list of persons
whom the Agency has notified as being affected by this change is attached
here. The notable
exception to the ruling is Class Agent Paulette Taylor. Ms. Taylor was
recently promoted to a management position, but the Administrative Judge
ruled that this would not have exposed Ms. Taylor to other promotion
decisions and that her status as Class Agent is
unchanged. What the Judge’s
action means is that African-American women who have held supervisory or
managerial positions at any time since December 9, 2000, are no longer
Class Members, and their promotion claims will not be heard or decided in
this case. However, any such claims are, for now, preserved and can be
heard in other proceedings. But please
note: Class Counsel does not represent such persons anymore, and
time periods for pursuing such claims has begun running again.
Therefore, if you are or were a supervisor or manager, you should take
steps to make sure that you file a charge (if you haven’t done so
previously) or that your pending charge (if you have filed one) is
processed in a timely fashion in accordance with EEOC regulations. See
29 C.F.R. 1614.
You also should consider obtaining other legal counsel to represent
you. The
Administrative Judge also ruled that African-American females in GS-7
through GS-13 who are working or have worked in the Office of Disability
and Adjudication (ODAR) anywhere in the State of Maryland are Class
Members even if they report to ODAR in Falls Church, VA. If you
actually work or have worked at ODAR only in Virginia, and not in
Maryland, however, you are not a Class
Member. Finally, the
Administrative Judge ruled that, where a job posting was open to
reassignment candidates only, a promotion claim could not be based on it.
However, she denied a motion by the Agency to exclude claims where the
successful candidate was installed in the job via a reassignment if the
job would have been a promotion to a Class Member who
applied. Claims of
discriminatory denial of promotion to supervisory or management
positions are unaffected.
The Class has
been certified
by a The certified class includes any
African-American
female at the indicated grade levels who, at any
time since December 9, 2000, was denied any promotion at SSA’s
headquarters, even if, during that time, she also received one or more
other promotions.
On
The name and location of the
organization against which the Class Complaint was filed is the Social
Security Administration Headquarters, The case is pending before
Administrative Judge Enechi A.
Modu, at the Baltimore Field Office of the EEOC, The central issue in the
trial of this case will be whether the SSA discriminated against the
certified Class of African-African women in grades GS 7 – 13 in regard to
denials of promotions. This type of hearing is typically called a
“liability” trial.
What Types of Claims Are
Included In This Case? This
case covers all claims that the SSA denied promotions on the basis
of race and gender to African-American women who have held only
non-supervisory jobs in GS 7 through 13 grade levels. We have limited the
claims to competitive promotions (permanent or temporary) for which
the Class Member made the BQL list. Therefore, career ladder
promotions are not covered by the case. Also, if you applied, but
did not make the BQL, that claim is not covered by the case.
The
EEOC’s decision in this case, or any other resolution of the case, will be
binding on all Class Members with regard to these promotion
claims.
What Types of Claims Are
Excluded From This Case? The following claims are
excluded from this proceeding: ·
Any promotion claim alleging
discrimination on any basis which was previously adjudicated or
settled in another proceeding. ·
Any claim of discrimination
regarding an employment decision or action other than promotion.
(In some situations, however, evidence of race and gender discrimination
in matters such as training, awards, and performance appraisal that
contributed to denials of promotions may be relevant. Class Counsel can
explain this if you have questions.
) ·
Any claims regarding denial
of promotion on any basis other than race and/or gender.
·
Claims regarding denial of
career ladder (non-competitive) promotions. ·
Claims regarding denial of
competitive promotions where the Class Member did not make the Best
Qualified List (“BQL”). Such claims are not a
part of this case, and Class Counsel does not represent the Class
with regard to them. However, Class Members may continue to pursue those
claims in a timely manner as described in 29 C.F.R. 1614. A
Class Member with such a claim may want to retain separate attorneys to
prosecute such claims. ~ If a Class Member pursues such a
promotion claim in a separate proceeding and includes the basis of race and/or
gender (as well as another basis, such as age, disability, or religion) in
the separate proceeding, she cannot also pursue a claim for the same
promotion on the basis of race and gender in ~
On the other hand, if a Class Member
pursues such a promotion claim in a separate proceeding and excludes the basis of race and/or
gender in the separate proceeding, she can pursue a claim for the same
promotion on the basis of race and gender in ·
PAULETTE TAYLOR (410) 965-4920
Her federal career began in 1972 at
the Bureau of Alcohol, Tobacco and Firearms in Mrs. Taylor graduated from In
order to make a change we must take a stand. We must arm ourselves with truth,
knowledge, and understanding. It is
our legal right to be treated equal in all aspects of employment. We, the Black Females of SSA, are united
in our commitment and we will see justice done together. ·
DEBRA HARLEY (410) 965-4891
My message to our class members is as
follows: Ladies, no matter how our case is decided, I am honored to have
been a part of this experience with you.
In my mind, we have already won, because we have united to openly
say "no" to the discriminatory practices SSA imposes upon us. I have frequently been told that we are
leaving a "legacy" behind. Yes, we
are but, more importantly, we are blessed women, and I hope that you will
always carry the feeling that you matter in this world and deserve all
that is right and good in it. Be
encouraged. The Class is represented by two law firms,
Wiggins Childs Quinn & Pantazis PLLC, and Rose & Rose, PC, both
located in Class Counsel’s E-mail
addresses: ·
Wiggins
Childs Quinn & Pantazis PLLC Wiggins, Childs, Quinn &
Pantazis has established a tradition of
excellence in discrimination and employment law since 1985. From its
formation, the firm has risen to prominence in pursuing “ground breaking”
legal issues in individual and class action suits leading the way in
shaping new laws protecting and benefiting people who have been victims.
With its original office in The Timothy B. Fleming,
Esq. Wiggins,
Childs, Quinn & Pantazis, PLLC (202) 467-4123
(202) 467-4489
(fax) Legal
Assistants: Remington Shepard Laura Smith (205)
314-0500 (205) 314-1500
(fax) Rose & Rose, P.C. is a small The David L. Rose,
Esq. Earlene Rosenberg,
Esq. Rose
& Rose, PC (202)
331-8555 (202) 331-0996
(fax) Currently, Class Counsel and
the SSA are engaging in discovery, which is an exchange of potential
evidence and information that may pertain to the trial. Both sides will be
conducting depositions (i.e.,
taking pre-trial testimony) of Class Members, SSA managers, experts, and
others in the coming months. View the official schedules
here: ·
Memorandum and
Order Regarding Scheduling ·
Memorandum and
Order Regarding Discovery and Dispositive
Motions The trial in this case is scheduled
to begin on February 8, 2009,
and to last through the month of February. If necessary, the trial
will continue into March . Please check back for further
updates. The trial before
Administrative Judge Modu will be held at the EEOC’s Baltimore Field
Office, Depending on the outcome of
the liability trial, the EEOC may schedule further proceedings to
determine whether specific Class Members have been affected by
discrimination and, if so, what back pay or damages they are due, if any.
If such a second “damages” stage occurs, SSA will send Class Members an
additional notice, which will also be posted on this website, regarding
Class Members’ rights and responsibilities at that stage. Class Counsel
will represent Class Members during the “damages” proceedings as well as
during the liability trial. Any Class Member may
communicate freely with Class Counsel to obtain information about the
litigation, to get answers to questions about her status as a Class
Member, to provide evidence or information, or to discuss the case
generally. Such communications are confidential and protected by the
attorney-client privilege. You may contact Class Counsel via email or telephone or
letter. You may also communicate
with the Class Agents, although you should understand that any such
discussion may not be protected by the attorney-client privilege.
Class Members are not
required to do anything at this time to maintain Class Member
status. However, Class Members may be requested or even required to
testify, either in deposition during the current discovery phase or at
trial in March 2008. Class Counsel can explain specifically how you can
participate. Many Class Members will be
asked to testify at the trial. Other witnesses will also be called to
testify. Even if you are not a Class Member, but you have
information or knowledge that would help the Class in this case, please
contact Class Counsel. For example, if you know of someone who may possess
information or knowledge about the case, please contact Class Counsel. If
you would like to testify, or if you have information that may be useful
to the case, please contact Class Counsel. Please let us know about any
discrimination against Black Females in promotions for the affected grades
that occurs while the trial date is pending. What Protections From
Retaliation Do SSA Employees Have If They Participate In The Case?
Title VII of the Civil
Rights Act of 1964 makes it illegal for an employer to retaliate
against anyone who participates in the case in any way, whether by
testifying, providing information or evidence, or simply asking questions
or encouraging or giving support to those who do. Anyone who believes that
he or she has been subjected to retaliation for participating in the class
action case should bring the matter to the attention of the Office of
Civil Rights and Equal Opportunity and/or to the attention of Class
Counsel. |
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