University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name Evans v. Atwood EE-DC-0038
Docket / Court 1:96-cv-02746 ( D.D.C. )
State/Territory District of Columbia
Case Type(s) Equal Employment
Special Collection Private Employment Class Actions
Case Summary
On December 12, 1996, several former Foreign Service employees of the United States Agency for International Development filed a lawsuit under 29 U.S.C. §§ 621-634, the Age Discrimination in Employment Act ("ADEA"), against the Agency and the Agency's former Administrator in the U.S. District ... read more >
On December 12, 1996, several former Foreign Service employees of the United States Agency for International Development filed a lawsuit under 29 U.S.C. §§ 621-634, the Age Discrimination in Employment Act ("ADEA"), against the Agency and the Agency's former Administrator in the U.S. District Court for the District of Columbia. The plaintiffs were terminated by the Agency as part of its reduction in force ("RIF") in 1996 and allege that the defendants intentionally discriminated against them on the basis of age in the manner in which the RIF was designed and conducted. The plaintiffs, represented by private counsel, advanced theories of both disparate impact and disparate treatment.

On April 7, 1997, the Court (Judge Ricardo M. Rubina) certified the plaintiff class: 91 former Foreign Service employees who were forty years old at the time that the Agency selected them to be separated and whose employment was terminated as part of the RIF in 1996.

On March 22, 1999, the Court granted Defendants' motion to dismiss Plaintiffs' disparate-impact claim, holding that the ADEA does not provide for a theory of liability based on disparate-impact. Evans v. Atwood, 38 F.Supp.2d 25 (Dist. D.C. 1999).

On October 3, 2000, the Court approved the Proposed Class Settlement Agreement, resulting in $5.5 million in damages as well as various forms of injunctive relief. The agreement stipulated that preferential consideration must be given to class members with respect to Personal Service Contracts ("PSCs") for three years. Specifically, the agreement stipulated that class members must be allowed to apply for PSCs on a non-competitive basis--prior to the Agency advertising the PSCs to the public.

The Court retained jurisdiction for three years from the date of the settlement's approval. The case is now closed.

Jordan Rossen - 08/26/2010


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Issues and Causes of Action
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Issues
Content of Injunction
Comply with advertising/recruiting requirements
Follow recruitment, hiring, or promotion protocols
Other requirements regarding hiring, promotion, retention
Post/Distribute Notice of Rights / EE Law
Utilize objective hiring/promotion criteria
Discrimination-area
Discharge / Constructive Discharge / Layoff
Discrimination-basis
Age discrimination
General
Disparate Impact
Disparate Treatment
Plaintiff Type
Private Plaintiff
Causes of Action Age Discrimination in Employment Act (ADEA), 29 U.S.C. §§ 621 et seq.
Defendant(s) United States Agency for International Development ("AID")
Plaintiff Description 91 former Foreign Service employees of the U.S. Agency for International Development who were fired as part of a reduction in force in 1996
Indexed Lawyer Organizations None on record
Class action status sought Yes
Class action status granted Yes
Prevailing Party Plaintiff
Public Int. Lawyer No
Nature of Relief Damages
Injunction / Injunctive-like Settlement
Source of Relief Settlement
Form of Settlement Court Approved Settlement or Consent Decree
Order Duration 2000 - 2003
Case Closing Year 2002
Case Ongoing No
Additional Resources
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Case Studies Megacases, Diversity, and the Elusive Goal of Workplace Reform
Written: Mar. 01, 2008
By: Nancy Levit (University of Missouri-Kansas City School of Law)
Citation: 49 B.C. L. Rev. 367 (2008)
[ Detail ] [ External Link ]

  Second Generation Employment Discrimination: A Structural Approach
By: Susan Sturm (Columbia Law School)
Citation: 101 Colum. L. Rev. 458 (2001)
[ Detail ] [ External Link ]

Docket(s)
1:96-cv-02746 (D.D.C.) 03/28/2002
EE-DC-0038-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Opinion and Order (Granting In Part and Denying In Part Plaintiffs' Motion to Compel) 11/18/1997 (177 F.R.D. 1) (D.D.C.)
EE-DC-0038-0005.pdf | WESTLAW| LEXIS | Detail
Document Source: Google Scholar
Opinion and Order (Dismissing the Plaintiffs' Disparate Impact Claim and Denying the Defendants' Motion for Summary Judgment) 03/22/1999 (38 F.Supp.2d 25) (D.D.C.)
EE-DC-0038-0004.pdf | WESTLAW| LEXIS | Detail
Document Source: Google Scholar
Opinion and Order (Denying Defendants' Motion for Reconsideration of Magistrate Judge's Decision Permitting Deposition) 03/22/1999 (1999 WL 1032811) (D.D.C.)
EE-DC-0038-0006.pdf | WESTLAW | Detail
Document Source: Westlaw
Opinion (Addressing Objections by Member of Plaintiff Class; Granting Final Approval to the Proposed Class Settlement Agreement) 10/03/2000 (D.D.C.)
EE-DC-0038-0001.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Stipulation and Order Regarding Implementation of Settlement Agreement 10/04/2000 (D.D.C.)
EE-DC-0038-0003.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Report and Recommendation 03/11/2002
EE-DC-0038-0002.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Judges Facciola, John M. Court not on record
EE-DC-0038-0002 | EE-DC-0038-0005
Urbina, Ricardo M. (D.D.C.)
EE-DC-0038-0001 | EE-DC-0038-0003 | EE-DC-0038-0004 | EE-DC-0038-0006 | EE-DC-0038-9000
Monitors/Masters None on record
Plaintiff's Lawyers Fay, Raymond C. (District of Columbia)
EE-DC-0038-0003 | EE-DC-0038-9000
Fentonmiller, Laura C. (District of Columbia)
EE-DC-0038-9000
Fretz, Burton (District of Columbia)
EE-DC-0038-0003 | EE-DC-0038-9000
Papp, Sharon (District of Columbia)
EE-DC-0038-0003 | EE-DC-0038-9000
Rowlette, Rochelle (District of Columbia)
EE-DC-0038-9000
Defendant's Lawyers Contreras, Rudolph (District of Columbia)
EE-DC-0038-0003 | EE-DC-0038-9000
Humphreys, Michael A. (District of Columbia)
EE-DC-0038-9000
Leary, Mary Lou (District of Columbia)
EE-DC-0038-9000
Lewis, Wilma A. (District of Columbia)
EE-DC-0038-0003
Nagle, Mark Earl (District of Columbia)
EE-DC-0038-0003
Other Lawyers None on record

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