FAA Class Action
EEOC REJECTS FAA MOTION TO DISMISS
The EEOC Administrative Judge has denied the FAA’s motion to de-certify and dismiss the class action complaint. The EEOC held that the FAA motion did not present sufficient evidence or legal argument to support dismissal of the class action. The case will now move forward to the next phase of discovery.
SEPTEMBER 2012 UPDATE
FAA has filed a motion to de-certify and dismiss the class complaint, relying primarily on the U.S. Supreme Court’s decision in Wal-Mart Stores, Inc. v. Dukes, 131 S. Ct. 2541 (2011). The Class filed a response with the EEOC, and the FAA motion is now being considered by the EEOC Administrative Judge.
FEBRUARY 2009 UPDATE
On January 29, 2009, the EEOC Administrative Judge issued an Order denying the Agency’s Renewed Motion to Dismiss the Class Complaint. The Agency had filed a second Motion to Dismiss, after their first Motion to Dismiss was denied in 2008.
EEOC EXPANDS CLASS
The EEOC Administrative Judge has redefined the Class to include African-American external applicants in addition to African-American employees at the MMAC. Specifically, the class definition now reads:
“Whether the Federal Aviation Administration (FAA) at the Mike Monroney Aeronautical Center (MMAC) in Oklahoma City, Oklahoma discriminated against African-American applicants during the period beginning February 6, 2001 to the present and African-American employees occupying permanent positions during the period of November 1, 1997 to the present, who were denied employment (in either temporary or permanent GS-5 or higher positions) or promotion to a GS-5 or higher position (either competitively or non-competitively) due to the disparate impact of subjective promotion practices on the basis of their race.”
On September 28, 2005, the Equal Employment Opportunity Commission’s Office of Federal Operations issued a Decision approving class certification. The certified class includes all African American employees employed by the Federal Aviation Administration at the Mike Monroney Aeronautical Center in a permanent position during the period of November 1, 1997 to the present who were denied competitive and/or noncompetitive promotion to a GS-5 or higher position.
In a decision dated November 29, 2005, the EEOC denied the Agency’s Motion to Reconsider the EEOC’s Decision approving class certification. The certified class action has been remanded back to the Hearings Unit of the EEOC’s Dallas office.
We will periodically update this webpage to keep the Class informed regarding the case.
e-mail us about the FAA class action at:FAAclass@katorparks.com