Case Status Update - February 2025

The Turner Class Action litigation before the EEOC

HEARING DATES

The Commission has issued new hearing dates. Hearings on the issue of liability only will be held:

July 21 - 25, 2025, and July 28 - August 1, 2025

NEW ADMINISTRATIVE JUDGE

On December 19, 2024, this case was transferred to a new Administrative Judge because Judge Weeks retired:

Administrative Judge D. Andrew Winston

THE CLASS IS CLOSED

On May 11, 2022, the Commission issued an Order closing the Turner class. "Closing" the class means no more EEO complaints alleging retaliation will be subsumed into the Turner Class action after this date. (See Amended Order Regarding Close of Class). Complaints are no longer being subsumed in the Turner class action. EEO complaints filed after this class closed alleging denial of promotion based upon retaliation or reprisal will be processed similarly to all other EEO complaints by the Agency.

For additional information or questions, contact Class Counsel via email only at turnerclassaction@gmail.com.

1. Who is included in this class action?

EEOC has defined this class to include agency employees who from January 1, 1994 to the present have been denied promotions based upon the agency's policy or pattern and practice of retaliating against employees because they engaged in protected Title VII EEO activity. The scope of this case is nationwide.

2. Why did I receive this class notice?

EEOC MD-110, Chapter 8, VI, Notification - 29 C.F.R. § 1614.204 (e) requires that an Agency give notice of a class action to all potential class members. MD - 110 states, "... the agency shall use reasonable means, such as hand delivery, mailing to the last known address, or distribution (such as through inter-office mail or email) to notify all class members of the certification of the class complaint."

Individuals who filed an EEO complaint, which was subsumed into this class action are class member. Also, individuals who participated in or engaged in protected EEO activities and thereafter allege retaliation related to denial of promotions are also class members, but may not have filed any EEO complaints or may have been deterred from filing a complaint.

The EEOC requires BOP to send the notice to all agency employees who have been employed since 1994. The EEOC has stated, in pertinent part, the following;

"The Agency previously agreed to send the Notice of Class Case to individuals who filed EEO complaints raising this issue, as well as those who contacted EEO counselors and had that complaint including this issue dismissed. However, the notice should also be sent to individuals who never made EEO contact, since one underlying theory of the case is that there was an atmosphere of retaliation and thus, many individuals were deterred from complaining.

After some discussion, it became clear the only way to give notice to all potential class members was to provide notice to all current and former BOP employees since 1994. The Agency protested that this would be nearly 60,000 individuals, which is a large endeavor. However, for a federal class action that is not a huge number. More importantly, this notice seems the most reliable and careful way to ensure that all potential class members receive notice."

Accordingly, you received the notice because you may be a potential class member.

3. Should I have received the Administrative Judge's decision certifying this class action when I received the class notice?

Yes. This is a very important document. The decision explains both the history and issues involved in this case. If this was not included, send Class Counsel an email or go to the home page of this website and click on Decision.

4. How do I contact class counsel?

Because this is a legal matter, class counsel prefers that you contact us in writing and preferably by email sent to turnerclassaction@gmail.com. Class Counsel will generally not answer substantive questions regarding the case, the process or issues involved over the telephone. Class Counsel request that you contact us by email regarding any questions or issues you may have.

5. What happens after I received the class notice?

Information about the EEOC class complaint process can be found at www.eeoc.gov and http://www.eeoc.gov/federal/md110.html. (EEOC MD-110, Chapter 8).

6. How do I opt out of the class action and proceed with my individual EEO complaint?

Under EEOC regulations "class members may not 'opt out' of the defined class; however, they do not have to participate in the class action or file a claim for individual relief." (EEOC MD-110, Chapter 8, VI-C).

7. If I suffer retaliation or discrimination after I receive the class notice or after my individual EEO complaint is subsumed do I have to file another individual EEO complaint?

Yes. You must follow the Agency's EEO process for any new allegations of retaliation or discrimination. You must contact the Agency's EEO counselor to file new EEO complaints to protect your rights. Contacting Class Counsel is no substitute for following the Agency's EEO process.

8. What documents should I send to Class Counsel?

Class Counsel is not requesting any documents from class members.

9. Now what do I need to do?

You do not need to take any action right now regarding the class action. The class notice you were sent was merely informing you of the certification of the Class and that the case will now begin litigation. You can check the website whenever you like for any updates.