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Monetary Relief

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Posted on February 06, 2017 at 10:06 pm

The Agency will pay $20 million into the settlement fund if 350 or more Class Members submit bona fide claim forms by May 10, 2017.  If fewer than 350 women submit valid claim forms by the deadline, the amount to be paid will be reduced by $40,000 times the difference between 350 and the number who submit bona fide forms.  For example, if 300 women submit bona fide forms, the Agency will pay $18 million.

The Agency’s payment will be used to make awards to Class Members who submit valid Claim Forms by May 10, 2017, and to pay the fees and expenses of Class Counsel and of the Claims Administrator.

HOW DO I ACCESS THE CLAIM FORM?

While it is possible to fill out the form and return it by mail, email, or fax, we strongly urge you to fill out the form online as this is the only way to ensure that your form is not lost and that your entries are accurate.  You can access the Claim Form by clicking HERE.

Class members MUST submit a Claim Form by May 10, 2017, in order to be eligible for an award of money damages.

HOW MUCH MONEY WILL I RECEIVE?

It is impossible to predict how much money any Class Member will receive.  It will depend on factors such as the number of Class Members who submit valid Claim Forms and the information that is contained in each form.  For more information about the process for determining how much money each class member will receive, please review pages 2 to 5 of the Attachment A to the Notice, which you can access on this site.

HOW DOES THE MONETARY RELIEF COMPARE TO OTHER GENDER DISCRIMINATION CLASS ACTION CASES?

The table below shows the largest judicial settlements of gender discrimination cases per Class Member during the past decade:

Case Year of Settlement Settlement Amount No. of Class Members Amount per Class Member
White v. Lynch (this case) 2017 $20.0M 524 $38,168
Brown v. Medicis 2016 $7.1M 225 $32,000
Moore v. Publicis Groupe 2015 $2.9M About 100 $29,000
Velez v. Novartis 2010 $152M 5,600 $27,000
Carter v. Wells Fargo 2011 $32M 1,200 $27,000
Aviles v. BAE Systems 2016 $3M 177 $17,000
Augst-Johnson v. Morgan Stanley 2007 $46M 2,867 $16,000
Amochaev v. Citigroup Global Markets d/b/a Smith Barney 2008 $33M About 2,400 $15,000

Obviously, every case is different, and a fair monetary settlement depends on the unique facts of each case. But, however measured, this is one of the largest resolutions per class member in the 50-year history of Title VII gender discrimination class action cases.

Important Dates Regarding Monetary Relief in Settlement Agreement

EVENT DEADLINE
Judge Preliminarily Approves Settlement January 17, 2017
Notice Emailed and Mailed to Class Members February 9, 2017
Deadline for Class Members to Submit Objections March 13, 2017 
Deadline for Class Members to Submit Claim Form May 10, 2017
Claims Administrator to Send Notice of Receipt of Claim Form Within 21 days of receiving Claim Form, provided that all such notifications shall be sent within 105 days after the Notice is sent to Class Members
Claims Administrator’s Declaration (to include number of Bona Fide Claimants and Formula for Determining Awards) August 8, 2017
Judge Approves Settlement Probably about September 15, 2017
Effective Date* Probably about October 15, 2017
Claims Administrator to Send Bona Fide Claimants Notice of Award and First Award Payment of 90% of Award 45 days after Effective Date (probably about December 1, 2017)
Deadline for Valid Late Claimants 180 days after Effective Date*
Second Award Payment of 10% of Award to Bona Fide Claimants 1 year after Effective Date*

*The Effective Date means the date on which all of the following have occurred: (1) the Administrative Judge has granted Final Approval to this Settlement Agreement and entered an order so indicating; (2) the Administrative Judge has dismissed the Matter other than to enforce this Settlement Agreement, address settlement administration matters, and address such post-decision matters as may be appropriate; and (3) the time for appeal has either run without an appeal being filed or any appeal has been finally resolved.

If you have questions about the monetary relief in the Settlement Agreement,
please contact Class Counsel:

Heidi Burakiewicz
Kalijarvi, Chuzi, Newman & Fitch, PC
1901 19th Street, N.W.
Suite 610
Washington, D.C. 20036
Phone – 202-331-9260
Fax – 877-219-7127
Colemansexualharassment@kcnlaw.com

You should NOT contact the Agency or the Judge with any questions about the case or settlement.  

Programmatic Relief

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Posted on February 06, 2017 at 9:39 pm

The Agency has agreed to change many of its policies and practices for dealing with inmate sexual misconduct toward staff.  The list of changes is extensive.

For more information about the programmatic relief in the Settlement Agreement, please review pages 5 to 10 of the Attachment A to the Notice, available HERE or the programmatic relief portion of the Settlement Agreement.

Important Dates Regarding Programmatic Relief in Settlement Agreement

The parties have agreed that the provisions of the programmatic relief, Section V of the Settlement Agreement, will be in effect for a four year period beginning on January 17, 2017, when the settlement was preliminarily approved. Below are some of the key dates that were agreed to by the parties in the Settlement Agreement.

Event Deadline
Preliminary Approval of Settlement  January 17, 2017
Agency will add columns to the DHO Docket Sheet identifying the original charges for which the staff member wrote the incident report and whether the incident report was expunged January 31, 2017
Agency will announce collateral duty position of Facilitators (announcement to remain open for 30 business days) January 31, 2017
Agency will announce collateral duty position of Internal Coordinator (announcement to remain open for 15 business days) January 31, 2017
The Operations Lieutenant will begin notifying staff in the Education and Recreation Departments when it is necessary that the Agency remove assigned G or East Corridor Correctional Officers from the G or East Corridor area, and will provide additional monitoring of these areas as appropriate January 31, 2017
Regional DHA will begin reviewing each incident report involving Inmate Sexual Misconduct Toward Staff which has been expunged or downgraded for purposes of future training of DHOs on these issues January 31, 2017
Supervisors may consider staff’s actions, positive or negative, taken regarding Inmate Sexual Misconduct Toward Staff under existing PWP standards January 31, 2017
Agency will allow use of video cameras in SHU in accordance with § V.K.2 of the Settlement Agreement February 16, 2017
Agency will begin emphasizing prohibition of Inmate Sexual Misconduct Toward Staff during the Admission & Orientation classes February 16, 2017
Complex Captain will issue a Memorandum via the institution Captains to the SHU Lieutenants regarding inmate cell placement in accordance with § V.K.1. of the Settlement Agreement February 16, 2017
The Institution Captain will begin notifying the reporting Staff member prior to the release to general population of an inmate who has been placed in SHU for Inmate Sexual Misconduct Toward Staff, unless exigent circumstances prevent prior notice February 16, 2017
Agency will begin to place the following language on the inmate television screens during lockdowns, “Reminder: FCC Coleman has zero tolerance for Inmate Sexual Misconduct Toward Staff” March 3, 2017
Agency will initiate the procurement of inmate uniforms without front/side pockets for general population and SHU March 3, 2017
Agency will instruct Staff who conduct the social intake screening by memorandum to specifically ask and record information on the form about Sexual Misconduct Toward Staff. March 3, 2017
Agency will number cell windows March 3, 2017
Complex Warden to select Internal Coordinator March 6, 2017
Class Counsel to notify Agency of person selected to serve as Class Representative March 13, 2017
A representative from the National Psychology Services Office will provide guidance and interactive training to the Psychology Department on how to comply with the provisions of §§ V.J.1 and 3 of the Settlement Agreement March 18, 2017
Agency will initiate the process for purchasing the rolling medical screens to be provided in SHU in accordance with § V.K.3 of the Settlement Agreement March 18, 2017
Deadline for town halls to be held in each unit concerning the prohibition of Inmate Sexual Misconduct Toward Staff March 18, 2017
Agency will place the following notice on the electronic bulletin board of the TRULINKS system for 60 days: “Reminder – as discussed during the town halls – FCC Coleman has a zero tolerance for inmate sexual misconduct toward Staff” March 19, 2017
Complex Warden to Select Facilitators April 1, 2017
Agency to initiate process for recommending regulation change to establish 100 level misconduct charge addressing Inmate Sexual Activity Toward Staff April 17, 2017
Deadline for Agency to provide mandatory training in accordance with § V.L.4 and other relevant provisions of the Settlement Agreement April 17, 2017
Agency will issue guidance to staff in a memorandum regarding practices to deal with oral harassment and window banging April 17, 2017
Agency will offer general programming regardless of mental health care level, which will assist the management of Inmate Sexual Misconduct Toward Staff (e.g. anger management, cognitive behavioral therapy groups, etc.). April 17, 2017
DHO training will be conducted in accordance with § V.L.5 and other relevant provisions of the Settlement Agreement April 17, 2017
Agency will require staff members to send email notifications to Email Resource Box in accordance with § V.D.1 of the Settlement Agreement May 1, 2017
Agency will include information about the prohibition of Inmate Sexual Misconduct Toward Staff in the Admission & Orientation materials May 17, 2017

If you have questions about the programmatic relief in the settlement agreement,
please contact Class Counsel:


Heidi Burakiewicz
Kalijarvi, Chuzi, Newman & Fitch, PC
1901 19th Street, N.W.
Suite 610
Washington, D.C. 20036
Phone – 202-331-9260
Fax – 877-219-7127
Colemansexualharassment@kcnlaw.com

You should NOT contact the Agency or the Judge with any questions about the case or settlement.