On March 17, 1993, Class Agent Ann Garcia filed a formal class complaint of discrimination against the Drug Enforcement Administration (“DEA”), alleging that the DEA had denied her and other similarly situated female Special Agents foreign assignments and promotions based on their gender.

The EEOC administrative judge initially denied certification of the class complaint. Class Agent Garcia decided to appeal that decision to the Office of Federal Operations (“OFO”) on behalf of the class as a whole. While the OFO affirmed the administrative judge’s ruling on August 19, 1996, we as class counsel moved for the OFO to reconsider its decision. On October 1, 1998, we won with regard to foreign assignments. The OFO certified the class as “those female Special Agents who were denied foreign assignments between 1990 and 1992.”

EEOC Decision Certifying Class Action

The case was processed as a class complaint by the EEOC, though it took over six years to issue an order acknowledging and accepting the class complaint for investigation and adjudication. On March 10, 2005, a scheduling order was issued and the case proceeded to discovery. We as class counsel conducted extensive discovery of the DEA’s gender-biased policies and practices in selecting Special Agents for foreign assignments, including evidence of de facto disqualification of females from consideration from such assignments because their spouses were employed or because they were single mothers.

On December 8, 2006, the Agency filed a Motion for Summary Judgment, to dismiss the class complaint. The EEOC took over two years to issue a ruling, but on March 26, 2009, the EEOC administrative judge denied the Agency’s motion and issued a Scheduling order, setting an administrative trial for the class complaint in July 2009.

We are now preparing for trial and contacting potential class members. Class members are any female Special Agent who served at any time from Fiscal Year (“FY”) 1990 to 1992. If you believe you are a class member and have information to share regarding your experience at DEA, please contact us at:

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