SSA Class Action

Settlement Reached in 2003-2023 Class Action

A settlement agreement was reached between the Class and SSA regarding the 2003-2023 Wilkerson class action. A notice was issued to Class Members on December 1, 2023 with information about the settlement agreement. For more information about the settlement, please visit: SSAHQclassaction.com.

April 2022 Update — EEOC GRANTS FINAL CLASS CERTIFICATION; CLASS MEMBER INFORMATION SESSION ON MAY 11, 2022

The EEOC issued an order in April 2022 granting class certification to the class action filed on behalf of African American males at SSA Headquarters. The Class is defined as:

All African American male employees at the GS-14 level and below at the Agency’s headquarters in Baltimore, Maryland, excluding employees in the Office of Disability Adjudication and Review and field employees, for the time period of April 7, 2003, to the present, who were treated disparately and/or adversely impacted by the Agency’s awards programs in the awarding of monetary awards.

SSA had appealed the question of whether the class action could move forward as a single class. With its April 2022 decision on appeal, the EEOC rejected SSA’s challenge, and approved class certification. The case is now to be remanded to an EEOC Administrative Judge to being the process of discovery and litigation regarding whether or not there has been class-wide discrimination.

May 2021 Update — EEOC AFFIRMS CLASS CERTIFICATION

The EEOC issued a decision on SSA’s appeal regarding class certification in Wilkerson et al. v. SSA, and ruled that the case should move forward as a class. Once the decision is final, SSA will issue a written notice to all potential class members about the case. The case will then also be sent back to the EEOC Administrative Judge, and the parties will begin the process of litigating the question of class-wide discrimination. The class is defined as:

All African American male employees at the GS-14 level and below at the Agency’s headquarters in Baltimore, Maryland, excluding employees in the Office of Disability Adjudication and Review and field employees, for the time period of April 7, 2003, to the present, who were treated disparately and/or adversely impacted by the Agency’s awards programs in the awarding of monetary awards.

We will have further updates once we know more about what is expected.

You can read the EEOC class certification decision by clicking here. Please continue to monitor this website for status updates.

SSA Appeals Class Certification Decision

SSA filed an appeal of the EEOC Administrative Judge’s decision in Wilkerson, et al. v. SSA, on class certification. SSA filed its appeal brief with the EEOC Office of Federal Operations (EEOC’s appeals office) on August 31, 2020. The Class will file an opposition to SSA’s appeal brief, arguing in support of the judge’s class certification decision. Appeals at the EEOC regarding class certification can take months or even years before a decision is issued. When a decision is made on SSA’s appeal, we will update this website.

June 30, 2020 Update — CLASS CERTIFICATION GRANTED!

In a decision issued by the EEOC Administrative Judge on June 30, 2020, the class of African-American males at SSA Headquarters since April 2003 was certified to proceed as a single class. The judge’s decision found that the single system in place for employee awards was subject to a single legal challenge by the class. The judge also rejected the Agency’s arguments against a class-wide challenge, including the Agency’s race-based argument that it should be expected that African-American males would perform their jobs more poorly than others. The judge found that Grade 15 employees are not properly included in the class, since they are subject to a different set of awards policies. The judge’s order sets a tentative schedule for investigation and then review of the arguments regarding the legal challenge to the awards system.

SSA has an opportunity to appeal the Administrative Judge’s decision, and continue to argue that there should not be a single challenge to the awards system. SSA has 40 days to file an appeal, and if the agency does file an appeal, the tentative schedule set in the Administrative Judge’s order will be suspended until after the appeal.

You can see the full Administrative Judge decision by clicking here. We will set up a call to take place after SSA indicates whether or not it will appeal the judge’s decision to provide a further status update and address any questions that class members have about the process moving forward.

February 2020 Update — New Judge Assigned

We were notified that a new EEOC Administrative Judge from the Baltimore Field Office has been assigned to oversee the Wilkerson, et al v. SSA matter, including ruling on the Class’s Motion to have the case heard as a Class Action. The Judge who had been reviewing the case recently passed away. We have a conference with the EEOC Administrative Judge now assigned to the case on February 26, 2020.  Once the Class has further updates from the EEOC, we will post those updates here.

JUNE 2019 UPDATE — BMFJ GENERAL MEETING 6/28/19

We will be appearing at the Black Males for Justice General Membership Meeting on Friday, June 28, 2019 from 6:00 to 8:00 PM at the Woodlawn Senior Center, 2120 Gwynn Oak Ave., Woodlawn MD 21207. We will be ready to discuss the current status of the Jefferson and Wilkerson cases, and answer questions you may have about the cases.

We filed a Request for Reconsideration with the EEOC in the Jefferson case in May 2019, seeking an increase in the monetary awards determined for class members. SSA also filed a Request for Reconsideration, asking that class members be awarded no money relief at all. The EEOC decision is not yet final, since there are Requests for Reconsideration pending. Once there is a decision on the Requests, there will be a final decision on the relief available for each Jefferson class member.

We look forward to seeing you and discussing your questions and concerns at the BMFJ Meeting on June 28.

April 2019 Update — EEOC Decision in Jefferson case

The EEOC’s Office of Federal Operations issued a decision, dated April 9, 2019, regarding the Class’s entitlement to relief emanating from the Agency’s breach of the 2003 Settlement Agreement. This decision followed SSA and the Class’s appeals of Administrative Judge Palmer’s decision. OFO largely upheld Judge Palmer’s decision. Specifically, OFO found that Judge Palmer correctly valued the amount to be paid to each eligible class member to be $2298.23, even though SSA had argued the amount should be zero and the Class had argued for a substantially higher amount. Requests for reconsideration by either the Agency or the Class are due to EEOC within 30 days of receipt of the decision. The Class plans to file a request for reconsideration, seeking that the EEOC award more than $2298.23 to each class member.

[Note: This does not affect any decisions in the Wilkerson v. SSA case, which is still pending a ruling on class certification before the EEOC Administrative Judge.]

November 2017 Update

In October and November 2017, both parties filed appeal briefs in the Jefferson case with the EEOC. After all response briefing is completed (which is due to occur before the end of 2017), the EEOC will consider all issues related to the appropriate relief to be provided to Jefferson class members.  We will update this when a final decision is issued on appeal from the EEOC.

SSA Issues Final Decision in Jefferson Case

On September 12, 2017, SSA issued its Final Decision in the Jefferson v SSA case, indicating that it did not believe that it was appropriate to pay any amount to any class member. SSA brought this decision to the EEOC’s Office of Federal Operations on September 15, 2017.

On August 7, 2017, the EEOC AJ issued her decision on relief for the Jefferson class as a result of SSA’s breach of the 2003 settlement agreement. The Administrative Judge ordered SSA to pay each black male employed at SSA Headquarters between April 1, 2003-September 30, 2005 the amount of $2,298.23, except for certain listed employees who were employed by the Agency for less than 90 days in either 2003 or 2005.

As a result of the SSA Final Decision and the EEOC Administrative Judge’s order, the Class will file an appeal seeking an EEOC order that SSA award more than $2,298.23 to each class member. Submissions on the appeals filed by SSA and the Class will occur through the end of 2017. Thereafter, the EEOC will consider both parties’ appeals.

[Note: This does not affect any decisions in the Wilkerson v. SSA case, which is still pending a ruling on class certification before the EEOC Administrative Judge.]

June 2017 Update

The EEOC Administrative Judge recently held a status call with Class Counsel and SSA Counsel to hear argument on SSA’s claims that certain groups of class members may not be eligible for the relief ordered by the EEOC.  The Judge indicated that she would issue her final order on payments to the Class, including appeal rights, in the near future.

MARCH 30, 2017 MEETING

 

MARCH 2017 UPDATE AND CLASS MEETING ANNOUNCEMENT

The EEOC Administrative Judge held a status conference in the Jefferson v. SSA case on March 8, 2017.  The Judge directed the Agency to provide a list by March 17, 2017, of specific Class Members that the Agency asserts should not receive an award. Following that, the Administrative Judge will hold another status conference to decide how to proceed.

In light of recent developments in the Jefferson v. SSA case, Class Counsel will be holding a meeting to discuss the status of the case, provide an explanation of the process moving forward, and answer questions. The Class meeting will take place:

Date:     March 30, 2017
Place:     Woodlawn Senior Center
Location:  2120 Gwynn Oak Ave
                   Woodlawn, Maryland 21207
Time:     6:00 PM – 8:00 PM 

We look forward to seeing the Class Members at the meeting, and helping to clarify questions about what to expect in the case.

EEOC ADMINISTRATIVE JUDGE ISSUES DECISION

On February 13, 2017, the Administrative Judge issued a decision in the Jefferson v. SSA case regarding the average award to be made available to class members. Click here to see the AJ decision.

DECEMBER 2016 UPDATE

Jefferson v. SSA

We await the EEOC Administrative Judge’s order in this case. The Administrative Judge had anticipated finalizing her order by the end of summer 2016. The Judge was unable to complete her decision by then and we do not have a current estimated date from the Judge for the decision. We have been informed that the case is among her highest priorities. We will update this when we have new information to report.

Wilkerson v. SSA

In the summer of 2016, the parties completed their legal briefing to the EEOC Administrative Judge regarding certification of the class action. We await the EEOC Administrative Judge’s decision on class certification.

JUNE 2016 UPDATE

Jefferson v. SSA

The EEOC Administrative Judge reports that she ran into some unanticipated delays in this and other cases, and as a result, her order in this case may not be issued during June 2016. However, she anticipates issuing a decision before the end of summer. We will provide status updates on this website whenever we learn any new information.

Wilkerson v. SSA

The parties are in the process of submitting legal briefing to the EEOC Administrative Judge regarding certification of the class action.

FEBRUARY 2016 UPDATE

Jefferson v. SSA

The EEOC Administrative Judge notified us that she plans to issue her final decision in this case by June 30, 2016. When the decision is issued, we will update everybody at this website.

JANUARY 2016 UPDATE

Wilkerson v. SSA

All discovery has closed.  The EEOC will next consider whether to certify the class action.

Jefferson v. SSA

All submissions regarding calculations of the values of awards have been submitted, and the EEOC Administrative Judge is reviewing the issue.

SEPTEMBER 2015 UPDATE

Wilkerson v. SSA

Expert witness discovery is ongoing. Once expert discovery has closed, the Class can ask the EEOC to certify the class action.

APRIL 2015 UPDATE

Wilkerson v. SSA

Fact discovery has closed. All precertification depositions have been completed, and documents have been exchanged. The parties will begin the process of expert witness discovery, and then the Administrative Judge will consider the issue of class certification.

JANUARY 2015 UPDATE

On January 21, 2015, the Administrative Judge held a status call on the Wilkerson and Jefferson matters.

In the Jefferson matter (SSA1), the Administrative Judge considered and denied SSA’s October 2014 motion to dismiss the case. Class counsel opposed this motion on November 3, 2014. Upon request of the AJ, the parties submitted additional argument on January 16, 2015.  At the status call on January 21, 2015, the AJ agreed with the Class and indicated she will proceed with reviewing each side’s expert report and make a ruling as to how she will proceed to calculate the value of the awards to be paid out to class members (all black males employed at SSA Headquarters from April 1, 2003 to September 30, 2005).  Once that ruling is made, a schedule will be set by the AJ for the payment proceedings, and for the agency to provide any evidence rebutting the class’s presumption of entitlement to such payments.  Additionally, the AJ will set a schedule for determining whether SSA corrected the misapplication of its awards distributions after September 30, 2005. We requested an estimate from the AJ as to when these rulings would be made. The AJ stated that she unfortunately could not provide an estimate, however, she would do her best to make the rulings as expeditiously as possible.

In the Wilkerson matter, the parties continue with pre-certification discovery.  Additional documents will be exchanged by both parties.  The AJ held a discovery conference call on February 5, 2015, and resolved some remaining discovery disputes in favor of the Class.  Depositions of executive management officials have been nearly completed. The depositions of the Class Agents are now being scheduled, likely to take place in early March. Fact discovery will close on March 16, 2015. The parties will then proceed to submit expert reports. After the submission of expert reports, the Class will move to have the Commission certify the Class.

DECEMBER 2014 UPDATE

Wilkerson v. SSA

The parties continue with pre-certification discovery.  Depositions of executive management officials are taking place in December 2014.

AUGUST 2014 UPDATE

Wilkerson v. SSA (pre-certification discovery)

Since our last update, the Class has requested additional promotions data from the Agency, which is still forthcoming.  The Agency has also requested additional information be provided by the Class Agents.  Because of the need for additional discovery, AJ Palmer agreed to extend the deadline for fact discovery in Wilkerson to October 31, 2014. After that date, AJ Palmer will set deadlines for expert discovery and depositions in the Wilkerson matter.

MAY 2014 UPDATE

Jefferson v. SSA (breach compliance proceedings):

The parties have now provided their expert reports to AJ Palmer of the EEOC in Baltimore. The Agency’s expert report was submitted on April 1, 2014.  The Class’ responsive expert report was submitted May 15, 2014.  The reports addressed each party’s respective opinions on how AJ Palmer should calculate the values of monetary, non-monetary, and other awards at SSA Headquarters for the period April 1, 2003-September 30, 2005, per the EEOC’s breach decision.  The next step is for the AJ to review each side’s report and make a ruling as to how she will proceed to calculate the value of the awards to be paid out to class members (all black males employed at SSA Headquarters from April 1, 2003 to September 30, 2005).  Once that ruling is made, a schedule will be set by the AJ for the payment proceedings, and for the agency to provide any evidence rebutting the class’ presumption of entitlement to such payments.  Additionally, the AJ will set a schedule for determining whether SSA corrected the misapplication of its awards distributions after September 30, 2005.

MARCH 2014 UPDATE

Jefferson v. SSA (breach compliance proceedings):

On February 6, 2014, the parties participated in a status conference with Administrative Judge Mary Palmer of the EEOC regarding the Jefferson class.  AJ Palmer approved the parties’ joint submission that the data produced by SSA in Jefferson has been sufficiently verified such that the parties can proceed to the next phase of the compliance proceedings: expert analyses.  AJ Palmer also set a schedule for the parties’ expert reports.  The Agency’s expert report in Jefferson is due April 1, 2014.  The Class’ responsive expert report is due May 15, 2014.

Wilkerson v. SSA (pre-certification discovery)

On February 10, 2014, the parties participated in an in-person discovery hearing before AJ Palmer at the EEOC in Baltimore. The Agency was ordered to produce additional data to the Class by March 24, 2014.  The Class also ordered to produce some additional information to the Agency.  On February 26, 2014, the parties participated in a follow-up teleconference with AJ Palmer regarding additional discovery deadlines.  AJ Palmer issued an order on February 27, 2014, setting a new deadline for the close of fact discovery in Wilkerson.  Fact discovery will now close on June 30, 2014.  After that date, AJ Palmer will set deadlines for expert discovery and depositions in the Wilkerson matter.

JANUARY 2014 UPDATE

In August 2013, the Agency provided its data verification report to the Class and the EEOC.  In October 2013, the Class provided its responsive verification report, noting that there were discrepancies in some of the data sets and requesting additional information from the Agency.  On December 18, 2013, a status hearing was held with the Administrative Judge.  During the status call, the Agency stated it would be producing additional data, and the Class was given an opportunity to supplement its verification report.  The Class expects to provide its supplemental report to the EEOC on January 13, 2014.  Thereafter, the Administrative Judge will rule on whether the data produced by the Agency is sufficient to calculate the value of the awards issued between 2003 and 2005.  Thereafter, a schedule will be set for the parties to conduct expert analysis as to the average values of the awards.  We will continue to provide updates once the Judge has issued a ruling and set a schedule for expert reports.

JULY 2013 UPDATE

On July 25, 2013, the Administrative Judge issued an order in the Jefferson case requiring the Agency to produce more information and data to the class.  We await delivery from the Agency of the additional required documents, which are supposed to be provided in August, 2013. Thereafter, the Agency will be required to submit a report verifying the data exchanged in the matter. The Class will be provided an opportunity to respond. Then, the parties will conduct expert analysis to provide the Judge with information to average the awards. Our current expectation, therefore, is that the awards will not be paid out until after December 2013. We will do everything that we can to expedite the processing of this case. However, as the Judge stated, “Unfortunately, with the Agency’s repeated efforts to thwart the Commission’s Orders in this case by not only making failed arguments concerning the authority of the Commission but also opposing and delaying producing information needed by the Administrative Judge, this matter is likely to continue for some time.” Class members who have questions, or who would like copies of the latest order should contact Kator, Parks, Weiser, & Harris, PLLC, at (202) 898-4800, and ask to speak with Juliette Niehuss, or may email jniehuss@katorparks.com.

APRIL 2013 UPDATE

The Administrative Judge held a joint status call in the two class cases– SSA1 (Burden/Jefferson/Dunbar) and SSA 2 (Wilkerson/Tate/Nesmith).

Following the status call, the Administrative Judge set a schedule for the monetary relief proceedings in SSA 1.  The first step in these proceedings is for the Agency to produce data that will enable calculation of the average awards. The Judge has ordered that the Agency produce this information by the end of April, 2013. In May and June, 2013, the parties will have their experts analyze the data.  After the expert reports are submitted, the Judge will issue a decision on how the awards are to be averaged. The payment proceedings will follow the Judge’s order. We cannot yet predict when payments to class members will be made, but it will definitely be after June 2013.  The Judge has also ordered the Agency to produce information showing that it took steps to fix the problems with the awards system, and that those efforts were effective. If the Agency does not show that its efforts were effective, the Judge will order the Agency as to how it must fix its awards systems.

With respect to SSA2, the parties are working out a draft schedule for precertification discovery for approval by the Administrative Judge.

MORE CLASS MEETINGS TO BE HELD ON FEBRUARY 4, 2013 AND FEBRUARY 12, 2013

Meetings will be held for class members to discuss the impact of the EEOC’s Decision finding a breach of the settlement agreement.

A Metro West meeting will be in the Metro West Greene Street Lobby Walt Statham Room on Monday, February 4, 2013, from 11:30-1:30. The meeting will be conducted in two one-hour sessions, so class members are welcome to join at 11:30-12:30, or 12:30-1:30 p.m. to learn more about the EEOC’s decision.

A Security West meeting will be in the Security West Building on Tuesday, February 12, 2013, from 11:30-1:30. The meeting will be conducted in two one-hour sessions, so class members are welcome to join at 11:30-12:30, or 12:30-1:30 p.m. to learn more about the EEOC’s decision.

Please come with your questions! If you attended the January 23, 2013 meeting, you do not need to attend these meetings.  If you are not sure whether you are a class member, but you are an African American male who works at SSA Headquarters, please feel free to attend the meeting and find out how the EEOC’s decision may affect you.

As required by the EEOC, SSA requested that the Jefferson case be assigned to an EEOC Administrative Judge in Baltimore. The Administrative Judge has now set a status call for March 2013 for counsel to discuss the remand proceedings on the breach decision, and the remaining proceedings in Wilkerson. We will post an update after the status call.

CLASS MEETING TO BE HELD ON JANUARY 23, 2013

A meeting will be held for class members to discuss the impact of the EEOC’s Decision finding a breach of the settlement agreement.  The meeting will be in the East Building Conference Center in the East High Rise Building on the ground floor on Wednesday, January 23, 2013, from 11:30-1:30. The meeting will be conducted in two one-hour sessions, so class members are welcome to join at 11:30-12:30, or 12:30-1:30 p.m. to learn more about the EEOC’s decision. Please come with your questions! If you are not sure whether you are a class member, but you are an African American male who works at SSA Headquarters, please feel free to attend the meeting and find out how the EEOC’s decision may affect you.

Additional sessions will be scheduled at Security West and Metro West in the near future.

Federal Times Article on the EEOC’s December 2012 Order: “Black male employees at SSA owed millions in back pay”

EEOC ORDER ISSUED CONFIRMING SSA BREACHED SETTLEMENT

On December 18, 2012, the EEOC ordered that all African-American males who were employed at SSA Headquarters Office from April 1, 2003, through September 30, 2005, are “presumptively entitled to the average honor award, monetary award and [Quality Step Increase] received”  by the workforce as a whole during that period.  This Order falls on the heels of an EEOC finding that the SSA had breached a settlement of a claim of class-wide discrimination brought by African-American males.  The class had alleged that they had been systematically discriminated against in terms of promotions, awards, and performance appraisals.  The monetary relief is projected by Class Counsel to be at least in the tens of millions of dollars.

Class Agents Gilbert Jefferson, Harry Dunbar and Ken Burden have championed this litigation since 1995. Mr. Jefferson said, “The Commission’s ruling is a tremendous victory for me and all the class members who have worked so hard over so many years but without the recognition or reward they deserve.  It is a shame that it has taken almost 20 years of litigation to reach this point, but I am thrilled that we have finally achieved justice for the class.”  The original class agents have all now retired from SSA but current SSA employees Esset Tate, Kirk Wilkerson and Maceo Nesmith have stepped forward to carry the torch.  The EEOC also ordered the SSA to “correct” any misapplication of its policies for granting monetary awards to “ensure fair and equitable distribution of such awards, consistent with merit principles.”  Class Counsel Michael Kator said, “The irony here is that the amount SSA paid to settle the original claim in 2002—roughly $6 million—is modest in comparison to what it will now have to pay by virtue of its failure to abide by the terms of that agreement.  While it may ultimately be for the experts to decide, SSA’s liability could well exceed by ten times the amount of the original settlement.”

See the EEOC’s Order by clicking here.

EEOC FINDS SSA BREACHED SETTLEMENT

On April 28, 2011, EEOC’s Office of Federal Operations found that the Social Security Administration breached the 2002 Settlement Agreement in the Burden v. Barnhart class action. Specifically, EEOC found that the Agency breached the Settlement Agreement when it “failed to ensure that its policies and practices for granting performance awards and QSIs were fair and equitable and consistent with merit principles, and when it failed to correct any misapplications of its policies for granting performance awards and QSIs to ensure fair and equitable distribution of such awards, consistent with merit principles, we find that [the Class is] entitled to specific performance of the class settlement agreement.”  EEOC remanded the case to an Administrative Judge to administer relief. Specifically, the EEOC instructed the AJ to calculate the average amount of awards and QSIs awarded to all employees at HQ from April 1, 2003 to September 30, 2005. Each African American male who worked at HQ during this period is “presumptively entitled” to receive this average amount unless SSA shows by “clear and convincing evidence” that the employee is not entitled to relief.

The Social Security Administration then sought reconsideration of the EEOC’s decision in June 2011.  Class Counsel opposed SSA’s Request for Reconsideration. The matter is still pending before the Commissioners of the EEOC.
In the meantime, a second class action was filed on behalf of African American males at SSA headquarters who experienced discrimination after the settlement of the Burden class action.  That matter has been stayed by the EEOC while the settlement breach action is pending.

If you are an African American male working at SSA’s Headquarters in Woodlawn, Metro West or Security West, and have information regarding discrimination, please contact us at:

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

GENERAL SETTLEMENT INFORMATION

On January 11, 2002, the class of African-American male employees at the Baltimore headquarters of the Social Security Administration (SSA) entered into a settlement agreement with the agency regarding their class claim of discrimination on the basis of race and sex. On June 11, 2002, the administrative judge granted final approval of the settlement agreement. On April 7, 2003, the settlement agreement became effective pursuant to decision by the EEOC. A copy of the decision is linked below. The settlement provided for $6.35 million dollars to be distributed to class members, as well as significant non-monetary relief that aimed to ensure a non-discriminatory future for African-American male employees at SSA Headquarters.

Beginning in May 2003, Class Counsel mailed packages to class members eligible for monetary payments under the Settlement Agreement. Additional mailings were made in May 2003 to class members who appeared ineligible for payments. Class members were afforded an opportunity to contest their status but that time has expired. Class counsel continued searching for class members through January 31, 2004.

In order to expedite payments to the class, SSA agreed to make two payments of funds so that it could distribute a portion of the money while we still searched for remaining class members. Both sets of payments have been made.

CLASS ADVISORY BOARD INFORMATION

The Class Advisory Board was created by the Settlement to act as advocates for the class of African American males at SSA Headquarters. Please click on this link to learn more about the Class Advisory Board. NEW: Class Advisory Board Page.

e-mail us about the SSA class action at:
ssa_classaction@kator-parks.com