U.S. District Court Judge Norma Holloway Johnson on Aug. 2 gave tentative approval to an agreement to settle a race discrimination class-action lawsuit that was filed against the Library in 1982.
The case would award past and present African American employees of the Library $8.5 million in back pay -- the most the federal government has ever offered to compensate federal employees for past discriminatory employment practices. Forty promotions and 10 reassignments for black employees are also part of the settlement agreement.
Attorneys for the class-action plaintiffs and lawyers of the Library and the U.S. Attorney's Office all recommended preliminary approval to the settlement agreement they had signed on Aug. 1.
Judge Johnson scheduled a "fairness hearing" for March 15, 1995, at which time she may give final approval of the settlement. Between now and then, class members will receive a notice informing them how to submit claim forms and comments. A committee, composed of class members, will review all claim forms, determine whether a claim is valid and the nature of the financial and other relief for each individual. Class members will have the opportunity to argue whether they were treated fairly at the fairness hearing, the money will be distributed, and the promotions and reassignments made.
Some class action members oppose the terms of the settlement.
Marc L. Fleischaker, an attorney for the plaintiffs, acknowledged dissent among some plaintiffs but said the agreement represents a compromise by the Library as well as the plaintiffs. "We conclude that for the vast majority of the class, the settlement is appropriate, fair and equitable to the class as a whole." U.S. Attorney Madelyn E. Johnson agreed: "No one walks away from a settlement perfectly happy."
Mr. Fleischaker said several agreement provisions would go into effect immediately. Among other things, the agreement requires that:
- The Library create, advertise, post and fill all competitive selections for professional and administrative positions, regardless of grade level, pursuant to selection procedures in accordance with "Uniform Guidelines," the Library's revised competitive selection process, the Library's Human Resources Directives and any other relevant regulations.
- On a quarterly basis the Library will review selection procedure results and use standard statistical measures to determine if there was any disparate impact on African Americans and make the results available to plaintiffs' counsel.
The agreement also provides for record keeping and reviews by the Office of Personnel Management and the plaintiffs' attorneys to ensure that competitive selection procedures are followed in a "fair, equitable manner."
In addition to the $8.5 million in back pay, the agreement provides for back benefits and retirement, payment of $1.5 million for attorneys' fees and costs, payment of $15,000 per year for a consultant to review selection procedures and costs incurred by the Library's record-keeping.
