OFO Affirms Decision

On Appeal, the OFO Affirmed the Administrative Judge’s Decision in the Class Action Case

On July 26, 2019, the EEOC’s Office of Federal Operations (“OFO”) issued a decision upholding the Administrative Judge’s decision in the Taylor and Harley, et al. v. Administrator, Social Security Administration class action case.

The OFO upheld the Administrative Judge’s decision entirely.

Specifically, the OFO upheld the finding of discrimination by the SSA against Black Females who sought promotions from GS-11 positions to GS-12 positions. The Administrative Judge had established a class of those Black Females in GS-11 positions who sought GS-12 jobs.

The OFO also upheld the findings against all other promotion claims for Black Females class members in all the grade levels from GS-7 to GS-13, except GS-11

The OFO also upheld the findings against the individual race/gender discrimination claims of the two Class Agents.

The SSA has filed a Motion For Reconsideration of the finding in favor of the GS-11 class. Class Counsel has filed an Opposition to that motion. The GS-11 finding will not be final until the OFO rules on the Agency’s Motion For Reconsideration

The next steps are:

  • For GS-11’s who sought promotions to GS-12 jobs – Await decision on the Motion For Reconsideration. At that time, if that Motion is denied, the Agency will be required to post notices about filing individual claims for individual findings pursuant to an established presumption of discrimination against the class, and for individual relief. More information will be posted at the SSA Headquarters, and here, when that happens.
  • For all other grades, there are two options:
    • File an EEOC individual charge of discrimination if you believe you were discriminated against as a Black Female. The Administrative Judge’s findings and the OFO decision do not mean your individual claim is denied. You can still file an individual claim, but you should do so right away. If you previously filed an individual claim, and it was “subsumed” into the Taylor and Harley case, you may tell the EEOC that you want your individual claim reactivated. Or you can refile the charge.
    • File a case in federal district court. Class Counsel is conferring with the Class Agents Paulette Taylor and Debra Harley about this potential course of action, including a potential class action. However, if you want to file an individual case, you should file by September 26, 2019. Class Counsel will probably not be able to represent you, but will advise you, if you request, how you can file a case and seek other representation.

There will be a meeting for all Class Members – all grades GS-7 through GS-13, including GS-11’s – on Friday, September 6, 2019, at 5:30 p.m. to discuss the OFO decision, options for the next steps, and relief for the GS-11 class.

The meeting will be held at:

  Renaissance Outreach and Educational Center
6665 Security Boulevard
Baltimore, Maryland 21207
(Between Sudsville 24 hour laundry and Fox Chevrolet and across from McDonalds on Security Boulevard)

All Class Members should attend if they can. Both the Class Agents and Class Counsel will be there. Bring all your questions.

Read the OFO decision

Read the SSA’s Motion For Reconsideration

Read the Class’ Opposition To The SSA’s Motion For Reconsideration

If you are unable to download any of these documents, please contact the Class Agents or Class Counsel.

Contact Information:

Class Agent Paulette Taylor
• Phone: (410) 965-4920
• Email: Paulette.Taylor@ssa.gov or bffj2@yahoo.com

Class Agent Debra Harley
• Phone: (410) 965-4891
• Email: Debra.Harley@ssa.gov

Class Counsel Timothy Fleming
WIGGINS CHILDS PANTAZIS FISHER GOLDFARB, PLLC
1211 Connecticut Avenue, NW
Suite 420
Washington, DC 20036
Direct: (202) 467-4489 ∙ Fax: (205) 314-0805 tfleming@wigginschilds.com ∙ www.wigginschilds.com

Please note that former Class Counsel David Rose is retired, and he is no longer active in the case.

Class’ Opp to SSA Request to Reconsider OFO Decision

Download (PDF, 280KB)

Agency’s Request for Reconsideration of Appeal

Download (PDF, 468KB)

OFO Decision

Download (PDF, 999KB)

Interim Decision on Liability

Download (PDF, 8.37MB)

Notice to the Class

Download (PDF, 98KB)

Discovery Scheduling Order

Download (PDF, 73KB)

Memorandum and Order Regarding Discovery and Dispositive Motions

Download (PDF, 89KB)

Memorandum and Order Regarding Scheduling

Download (PDF, 139KB)

Office of Federal Operations Decision

Download (PDF, 558KB)