SSA Class Action

EEOC FINDS SSA BREACHED SETTLEMENT

On April 28, 2011, EEOC’s Office of Federal Operations found that the Social Security Administration breached the 2002 Settlement Agreement in the Burden v. Barnhart class action. Specifically, EEOC found that the Agency breached the Settlement Agreement when it “failed to ensure that its policies and practices for granting performance awards and QSIs were fair and equitable and consistent with merit principles, and when it failed to correct any misapplications of its policies for granting performance awards and QSIs to ensure fair and equitable distribution of such awards, consistent with merit principles, we find that [the Class is] entitled to specific performance of the class settlement agreement.”  EEOC remanded the case to an Administrative Judge to administer relief. Specifically, the EEOC instructed the AJ to calculate the average amount of awards and QSIs awarded to all employees at HQ from April 1, 2003 to September 30, 2005. Each African American male who worked at HQ during this period is “presumptively entitled” to receive this average amount unless SSA shows by “clear and convincing evidence” that the employee is not entitled to relief.

The Social Security Administration then sought reconsideration of the EEOC’s decision in June 2011.  Class Counsel opposed SSA’s Request for Reconsideration. The matter is still pending before the Commissioners of the EEOC.
In the meantime, a second class action was filed on behalf of African American males at SSA headquarters who experienced discrimination after the settlement of the Burden class action.  That matter has been stayed by the EEOC while the settlement breach action is pending.

If you are an African American male working at SSA’s Headquarters in Woodlawn, Metro West or Security West, and have information regarding discrimination, please contact us at:

Juliette Niehuss
Kator, Parks, & Weiser, PLLC
1200 18th St., N.W. Suite 1000
Washington, D.C. 20036
jniehuss@katorparks.com

 

GENERAL SETTLEMENT INFORMATION

On January 11, 2002, the class of African-American male employees at the Baltimore headquarters of the Social Security Administration (SSA) entered into a settlement agreement with the agency regarding their class claim of discrimination on the basis of race and sex. On June 11, 2002, the administrative judge granted final approval of the settlement agreement. On April 7, 2003, the settlement agreement became effective pursuant to decision by the EEOC. A copy of the decision is linked below. The settlement provided for $6.35 million dollars to be distributed to class members, as well as significant non-monetary relief that aimed to ensure a non-discriminatory future for African-American male employees at SSA Headquarters.

Beginning in May 2003, Class Counsel mailed packages to class members eligible for monetary payments under the Settlement Agreement. Additional mailings were made in May 2003 to class members who appeared ineligible for payments. Class members were afforded an opportunity to contest their status but that time has expired. Class counsel continued searching for class members through January 31, 2004.

In order to expedite payments to the class, SSA agreed to make two payments of funds so that it could distribute a portion of the money while we still searched for remaining class members. Both sets of payments have been made.

CLASS ADVISORY BOARD INFORMATION

The Class Advisory Board was created by the Settlement to act as advocates for the class of African American males at SSA Headquarters. Please click on this link to learn more about the Class Advisory Board. NEW: Class Advisory Board Page.

 

e-mail us about the SSA class action at:
ssa_classaction@kator-parks.com