On December 10, 2008, the Administrative Judge made a decision to exclude from the Class all persons who have been employed as a supervisor or manager since December 9, 2000, because of a potential conflict of interest in that supervisors and managers may have been involved in some promotion decisions. African-American women who have been supervisors or managers, therefore, have been removed from the Class, and they have been sent a letter from the Agency notifying them of this change. The list of persons whom the Agency has notified as being affected by this change is attached here.
The notable exception to the ruling is Class Agent Paulette Taylor. Ms. Taylor was recently promoted to a management position, but the Administrative Judge ruled that this would not have exposed Ms. Taylor to other promotion decisions and that her status as Class Agent is unchanged.
What the Judge’s action means is that African-American women who have held supervisory or managerial positions at any time since December 9, 2000, are no longer Class Members, and their promotion claims will not be heard or decided in this case. However, any such claims are, for now, preserved and can be heard in other proceedings.
But please note: Class Counsel does not represent such persons anymore, and time periods for pursuing such claims has begun running again. Therefore, if you are or were a supervisor or manager, you should take steps to make sure that you file a charge (if you haven’t done so previously) or that your pending charge (if you have filed one) is processed in a timely fashion in accordance with EEOC regulations. See 29 C.F.R. 1614. You also should consider obtaining other legal counsel to represent you.
The Administrative Judge also ruled that African-American females in GS-7 through GS-13 who are working or have worked in the Office of Disability and Adjudication (ODAR) anywhere in the State of Maryland are Class Members even if they report to ODAR in Falls Church, VA. If you actually work or have worked at ODAR only in Virginia, and not in Maryland, however, you are not a Class Member.
Finally, the Administrative Judge ruled that, where a job posting was open to reassignment candidates only, a promotion claim could not be based on it. However, she denied a motion by the Agency to exclude claims where the successful candidate was installed in the job via a reassignment if the job would have been a promotion to a Class Member who applied.
Claims of discriminatory denial of promotion to supervisory or management positions are unaffected.