University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name Breen v. Mineta EE-DC-0040
Docket / Court 1:05-cv-00654-RWR ( D.D.C. )
State/Territory District of Columbia
Case Type(s) Equal Employment
Special Collection Private Employment Class Actions
Case Summary
On March 31, 2005, several current or former employees of the Federal Aviation Administration who were 40 years old or older filed a lawsuit under 29 U.S.C. §621 et seq. (the Age Discrimination In Employment Act) against the Administrator of the FAA and the Secretary of the U.S. Department of ... read more >
On March 31, 2005, several current or former employees of the Federal Aviation Administration who were 40 years old or older filed a lawsuit under 29 U.S.C. §621 et seq. (the Age Discrimination In Employment Act) against the Administrator of the FAA and the Secretary of the U.S. Department of Transportation in the United States District Court for the District of Columbia. The plaintiffs, represented by private counsel, sought injunctive relief, back pay and benefits, front pay, record correction, and attorney fees, alleging that the FAA and DOT discriminated against them by targeting their jobs for outsourcing and terminating their federal employment on the basis of age. Specifically, the plaintiffs alleged that the FAA violated the ADEA through their decision, as announced on February 1, 2005, to contract out the Flight Service component of Air Traffic Control, resulting in the termination of plaintiffs' positions with the FAA, the elimination or reduction of their pay and retirement benefits, and the premature termination of their federal employment.

On June 29, 2005, the plaintiffs filed a motion to certify the class, but the Court (Judge Richard W. Roberts) has yet to grant or deny this motion. The case instead has moved forward with the plaintiffs constituting a putative class of over eight-hundred members.

On April 27, 2009, the defendants filed a Motion for Summary Judgment, and on June 15, 2009, the plaintiffs filed a Cross-Motion for Summary Judgment. The Court has yet to rule on these motions, and the parties have thus far failed to reach a settlement agreement. The case is on going.

Jordan Rossen - 09/03/2010


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Issues and Causes of Action
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Issues
Defendant-type
Transportation
Discrimination-area
Discharge / Constructive Discharge / Layoff
Other Conditions of Employment (including assignment, transfer, hours, working conditions, etc)
Pay / Benefits
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) Federal Aviation Administration
Plaintiff Description A putative class comprised of flight service air traffic control specialists who are 40 years old or older and are currently or formerly employed at the Federal Aviation Administration of the Department of Transportation.
Indexed Lawyer Organizations None on record
Class action status sought Yes
Class action status granted Pending
Prevailing Party None Yet / None
Public Int. Lawyer No
Nature of Relief None yet
Source of Relief None yet
Form of Settlement None on record
Order Duration not on record
Case Closing Year n/a
Case Ongoing Yes
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)
1:05-cv-00654 (D.D.C.) 11/06/2009
EE-DC-0040-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
First Amended Class Action Complaint 06/24/2005
EE-DC-0040-0001.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Defendants' Motion To Dismiss Or, In The Alternative, For Summary Judgment 08/24/2005
EE-DC-0040-0005.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Plaintiffs' Opposition to Defendants' Motion to Dismiss Or, In the Alternative, for Summary Judment 09/16/2005 (2005 WL 2861274)
EE-DC-0040-0006.pdf | WESTLAW | Detail
Document Source: Westlaw
Opinion and Order (Denying Defendants' Motion to Dismiss Or, in the Alternative, for Summary Judgment) 01/08/2007 (474 F.Supp.2d 1) (D.D.C.)
EE-DC-0040-0003.pdf | WESTLAW| LEXIS | Detail
Document Source: Westlaw
Answer To First Amended Class Action Complaint 02/05/2007
EE-DC-0040-0002.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Opinion and Order (Denying Plaintiffs' Motion To Join Twenty Individuals As Plaintiffs) 01/07/2008 (529 F.Supp.2d 24) (D.D.C.)
EE-DC-0040-0004.pdf | WESTLAW| LEXIS | Detail
Document Source: Westlaw
Defendants' Motion For Summary Judgment 04/27/2009
EE-DC-0040-0007.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Plaintiffs' Cross Motion For Summary Judgment And Opposition to Defendants' Motion For Summary Judgment 06/15/2009
EE-DC-0040-0008.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Memorandum of Points and Authorities in Opposition to Plaintiffs' Cross Motion for Summary Judgment and Reply Memorandum in Support of Defendants' Motion for Summary Judgment 08/26/2009 (2009 WL 4920573)
EE-DC-0040-0009.pdf | WESTLAW | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Judges Roberts, Richard W. (D.D.C.)
EE-DC-0040-0003 | EE-DC-0040-0004 | EE-DC-0040-9000
Monitors/Masters None on record
Plaintiff's Lawyers Dann, Mark (District of Columbia)
EE-DC-0040-0001 | EE-DC-0040-0006 | EE-DC-0040-9000
Day, Charles W. (District of Columbia)
EE-DC-0040-0001 | EE-DC-0040-0006 | EE-DC-0040-0008 | EE-DC-0040-9000
Garon, Lenore (Virginia)
EE-DC-0040-0008 | EE-DC-0040-9000
Gebhardt, Daniel K. (District of Columbia)
EE-DC-0040-0008 | EE-DC-0040-9000
Gebhardt, Joseph (District of Columbia)
EE-DC-0040-0001 | EE-DC-0040-0006 | EE-DC-0040-0008 | EE-DC-0040-9000
Rainey, Valencia (District of Columbia)
EE-DC-0040-0008 | EE-DC-0040-9000
Defendant's Lawyers Berman, Marcia (District of Columbia)
EE-DC-0040-0002 | EE-DC-0040-0005 | EE-DC-0040-9000
Jaffe, William B. (District of Columbia)
EE-DC-0040-0002 | EE-DC-0040-9000
Kennedy, Brian (District of Columbia)
EE-DC-0040-0002 | EE-DC-0040-0005 | EE-DC-0040-0007 | EE-DC-0040-0009 | EE-DC-0040-9000
Kirschner, Adam D. (District of Columbia)
EE-DC-0040-0007 | EE-DC-0040-0009 | EE-DC-0040-9000
Marcus, Lisa Z (District of Columbia)
EE-DC-0040-0009 | EE-DC-0040-9000
Nusraty, Tim (District of Columbia)
EE-DC-0040-0005 | EE-DC-0040-9000
Other Lawyers None on record

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