Class Action EEO-Questions & Answers
Q. What is a class-action EEO?
A. It is a complaint filed through Equal Employment Opportunity (EEO) channels to the Equal Employment Opportunity Commission (EEOC), or Federal District Court, for discriminatory action against a group of individuals that are similarly situated, ie., who have had the same or similar discriminatory actions taken against them by management.
Q. Who can initiate a class-action EEO?
A. Any individual who has been discriminated against on the basis of race, disability, age, sex, religion, color, national origin, sex-based wage discrimination, and pregnancy discrimination who is aware of other individuals that have been discriminated in the same, or similar manner.
Q. How many people constitutes a "class"?
A. The absolute minimum that the courts may look at favorably is 30, however, most jurisdictional authorities are hesitant to go below the benchmark of 50 individuals to constitute a "class".
Q. What are the prerequisites for a "class"?
A. The prerequisites, per se, are commonality, numerosity, typicality, and adequacy of representation. In reviewing these prerequisites, the court also reviews the geographical dispersion of the class, ease of identification of the class, plus other criteria. There are a number of court decisions, and EEOC decisions, and other legal rules which the jurisdictional authority must take into consideration before certifying a "class".
Q. What is certification of a "class"?
A. A jurisdictional authority, simply stated, legitimizes the class, and the class complaints. As simple as that may sound, the process itself is not simple, and it requires a distinct knowledge of class-action EEO complaints and the associated process.
Q. What is "adequacy of representation"?
A. Simply stated, retaining a lawyer is a must and the class-action complaint(s) may not proceed until a lawyer is retained to represent the class. The attorney must have sufficient experience in class-action litigation to adequately represent the interests of the class.
Q. What is a class-agent?
A. A class-agent is the person who initiates the class-action. The class-agent acts in behalf of the class, and in the best interests of the class.
Q. How was this class-action EEO initiated?
A. Initially, the class agent filed individual EEO complaints through EEO channels. A move for class action certification was made in August, 2000, and again in April, 2001. The basis for the class-action were the personal EEO complaints of the class-agent, however, since there were other individuals with the same, or similar complaints, the move for class-action certification was initiated.
Q. How long does the certification process take?
A. That would depend on a variety of factors, none of which the class-agent has control of. Some are certified within 6 months of the initial move for class certification. Other class-actions have taken longer to be certified. Some can be provisionally certified to allow the class-agent time to meet a stipulation of the class, ie., retaining an attorney (adequacy of representation). There have been instances were provisional certification has not been allowed.
Q. How long will the class-action take to reach a settlement?
A. It could be settled tomorrow, or it could be settled ten years from now. It all depends on a variety of factors...factors like complexity, scope, etc. The class-action can be dismissed, and it can be appealed. To give a straight answer to this question is impossible.
Q. What is this class-action about?
A. It's about management violations of the FMLA as applied to personnel with a chronic/serious health condition that can meet the statutory definition of having a disability.
Q. How do I determine whether or not I have a disability? How do I determine whether or not I am a qualified individual with a disability?
A. There are no hard and fast rules that a person can utilize to determine whether or not they have a disability. There is a Disabilities Questionnaire that you can download at www.postalflame.org. The questionnaire will not give you conclusive proof that you can meet the statutory definition of having a disability, but it will give you a general idea whether you do, or don't. The form is not "gradeable", however, if you honestly list how much your impairment(s) affect your life activities, and those life activities are considerably affected, than you can judge for yourself whether or not you have a disability. Please note, though, if you become part of a legal proceeding where the question of the disability is an issue, your impairment, past and present, will be closely reviewed. In that respect, if you have a bad back, and it bothers you considerably, then you shouldn't be playing any sport that can aggravate the impairment, football, basketball, bowling, etc. If you do, then you could be found not to have a disability.
A person who wants to achieve the status of being a qualified individual with a disability faces a two prong test. One, whether or not the individual's health conditions, whether singly or combined, can meet the statutory definition of a disability. Two, if the individual can meet the statutory definition of having a disability then he/she must be capable of performing the essential functions of their position, with, or without, reasonable accommodation to attain the status of being a qualified individual with a disability!
Please note that even though your physical impairment(s)(serious health conditions) are found to be a disability, if you can't perform the essential tasks of your position, with or without reasonable accommodation, then you are not considered to be a qualified individual with a disability!
Q. How do I become a class-action EEO participant for this particular class-action?
A. In one of three ways;
- 1. Contact the class-agent and request that you be made part of this class-action EEO and provide him with the necessary basic information, to include your assertion that you are a qualified individual with a disability,
- 2. or contact the class attorneys whose address is listed
here.
- 3. or contact the District EEOC directly for inclusion.
Q. What if I don't want to be a part of the class-action?
A. You don't have to if you don't want to!
Q. What if the class-action is won in favor of the complainants and I chose not to be a participant. Will I be notified of any settlement, or order?
A. If the class-action is won in favor of the class, the defendant, in this case, the United States Postal Service, will be required to post a notice in the geographical area encompassed by the class-action stating that there is a class-action that has culminated in favor of the class and list any requirements designated by law, or the appropriate jurisdictional authority, to advise all potential class-members of such culmination and the procedures required to be included in the settlement reached, or ordered.
Q. If I decided to be a participant in the class-action, and I changed my mind later on, can I get out of it?
A. You can "opt" out of the class, however, it is not as simple as stating, "I changed my mind". The appropriate jurisdictional authority would have to be contacted, and you would have to state your reasons for choosing to "opt" out of the class. Whether or not the jurisdictional authority allows you to "opt" out of the class is a question that cannot be directly answered.
Q. What if I don't agree with the settlement reached. Can I somehow request consideration based on my specific circumstances?
A. Yes, you can, dependent on the settlement reached, and/or the judgement/order issued by the jurisdictional authority. Title 29 of the CFR, Part 1614 has the appropriate directions on how you may submit your arguments/request/petition/appeal with the appropriate jurisdictional authority.
Q. If I don't join the class-action EEO, can I submit my own EEO complaint for an FMLA violation?
A. Yes, you can, but you must make contact with the Agency's EEO Counselor within 45 days of the alleged incident.
Q. If I do join the class-action EEO, can I submit my own EEO complaint for an FMLA violation?
A. Yes, you can, but it will be subsumed under the Class-Action EEO as part of the class-action until such time as the class-action is terminated by the appropriate jurisdictional authority in a settlement, order, or dismissal.
Q. What if the class-action is defeated for the members/participants. Will my personal EEO complaint be defeated also?
A. No, it will not. Your personal EEO will be remanded to the agency for completion of processing.
Q. Who is the Class-Agent for the Class-Action EEO?
A. The Class-Agent for the Class-Action EEO that this web-site addresses is John A. Cyncar. He
retired from the United States Postal Service, Colorado Springs P&DC on January
31, 2004. You can contact him at the following address:
- P.O. Box 15192, Colorado Springs, CO 80935
- Telephone Number (Cell): 719-459-1967
- E-mail address: rojomic@pipeline.com
Updated on:
February 15, 2006 08:42:47 PM
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