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Case Name Hartman v. Albright EE-DC-0048
Docket / Court 1:77-cv-02019-JR ( D.D.C. )
State/Territory District of Columbia
Case Type(s) Equal Employment
Special Collection IWPR/Wage Project Consent Decree Study
Private Employment Class Actions
Case Summary
On November 25, 1977, Carolee Brady Hartman filed a lawsuit under 42 U.S.C. § 2000e-16 against the United States International Communication Agency (the "Agency"), formerly known as the United States Information Agency, in the United States District Court, District of Columbia. Hartman, ... read more >
On November 25, 1977, Carolee Brady Hartman filed a lawsuit under 42 U.S.C. § 2000e-16 against the United States International Communication Agency (the "Agency"), formerly known as the United States Information Agency, in the United States District Court, District of Columbia. Hartman, represented by both private and public counsel, asked the court for injunctive relief and damages, claiming that the Agency's hiring, promotion, and salary practices constituted patterns or practices of discrimination based on sex.

On January 27, 1978, the Court (Judge Charles R. Richey) granted in part and denied in part Defendant's motion for summary judgment against Plaintiff De Medina. De Medina v. Reinhardt, 444 F. Supp. 573 (D. D.C. 1978).

A class was conditionally certified pursuant to Federal Rule of Civil Procedure 23(b)(2) on April 19, 1978. The Court later ordered consolidation of separate cases C.A. No. 77-0360 and C.A. No. 78-0762, was consolidated.

The parties agreed that the trial was to be bifurcated into a liability stage and a relief stage.

On October 24, 1979, the Court found that Plaintiffs had failed to establish a prima facie case of discrimination, and thus had failed to establish by a preponderance of the evidence an agency-wide pattern or practice of discrimination on the basis of sex. De Medina v. Reinhardt, 1979 WL 39 (D. D.C. October 24, 1979). The Court dismissed the class claim against Defendant.

Plaintiffs appealed the District Court's decision. On August 27, 1983, the United States Court of Appeals, District of Columbia (Judge Patricia M. Wald), remanded the case to the District Court for further consideration on the issues of the class retaliation claim and the use of statistical data to support Plaintiffs' claims. De Medina v. Reinhardt, 686 F.2d 997 (D.C. Cir. 1983) (Docket Nos. 81-1909-81-1911).

On remand, the Court held that Defendant failed to rebut Plaintiff's prima facie case of discrimination in hiring but that Defendant did not retaliate against Plaintiffs. Hartman v. Wick, 600 F. Supp. 361 (D. D.C. 1984).

The Court then held a trial to determine appropriate remedies between January 12, 1987, and January 14, 1987.

On January 19, 1988, the Court issued an opinion and order setting forth a concrete plan for remedying the United States Information Agency's ten-year policy of discriminating against women who applied for jobs in six broad categories of employment. Hartman v. Wick, 678 F. Supp 312 (D. D.C. 1988).

The Court denied Defendant's motion to reconsider its order from January 19, 1988, on April 15, 1988. Hartman v. Wick, 1988 WL 39856 (D. D.C. April 15, 1988).

On August 26, 1991, the Court issued Class notice to female applicants to entry level foreign service information officer/entry level foreign service officer positions with the United States Information Agency from January 1, 1978 to November 16, 1984. Hartman v. Gelb, 1991 WL 202367 (D. D.C. Aug. 26, 1991).

On June 8, 1992, the Special Master (Stephen A. Saltzburg) issued his Report and recommendations regarding Foreign Service officers. Hartman v. Gelb, 1992 U.S.Dist.LEXIS 22186 (D. D.C. June 8, 1992). Among other things, he recommended that 52 slots be set aside for Hartman class members.

On July 9, 1992, the Court (Judge Charles R. Richey) adopted the Special Masters Report and Recommendation in part. Hartman v. Gelb, 1992 WL 754646 (D. D.C. July 9, 1992). However, the Court found that Defendant was required to set aside 39 slots for Hartman class members.

The Agency appealed the District Court's decision. On April 5, 1994, the District of Columbia Court of Appeals (Judge Patricia M. Wald) held that the record did not contain sufficient positive findings of commonality and typicality to permit affirming the original class certification and remanded the case to the district court. Hartman v. Duffey, 19 F.3d 1459 (D.C. Cir. 1994).

On remand, on November 23, 1994, the Court allowed additional class representatives to intervene, held that original class certification was proper, and held that current post-judgment class certification was proper. Hartman v. Duffey, 158 F.R.D. 525 (D. D.C. 1994).

Defendants appealed the District Court's decision once again. On July 17, 1996, the District of Columbia Court of Appeals (Judge Stephen F. Williams) affirmed the District Court except with regards to Plaintiff Hartman and the 39 foreign service slots. Hartman v. Duffey, 88 F.3d 1232 (D.C. Cir. 1996).

On June 24, 1997, the District Court (Judge James Robertson) adopted the reports of the Special Master concerning liability rulings with respect to several individual plaintiffs. Hartman v. Duffey, 973 F. Supp. 189 (D. D.C. 1997).

On August 4, 1997, the Court held that Plaintiffs were not entitled to award of prejudgment interest on fees and expenses. Hartman v. Duffy, 973 F. Supp 199 (D. D.C. 1997).

On May 20, 1998, the Court issued an order governing Plaintiffs' remedies. Hartman v. Duffey, 8 F. Supp. 2d 1 (D. D.C. 1998).

The Court approved the parties' consent decree on July 12, 2000.

On August 14, 2000, the Court entered judgment for Plaintiffs in the amount of Five Hundred Eight Million Dollars ($508,000,000.00).

The District of Columbia Court of Appeals affirmed an order from the District Court denying late claims from would-be plaintiffs. Hartman v. Powell, No. 00-5356, 2001 U.S. App. LEXIS 7560, *1 (D. D.C. Mar. 15, 2001).

Haley Waller - 06/29/2010


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Issues and Causes of Action
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Issues
Affected Gender
Female
Content of Injunction
Hire
Monitor/Master
Other requirements regarding hiring, promotion, retention
Post/Distribute Notice of Rights / EE Law
Promotion
Retroactive Senority
Discrimination-area
Hiring
Discrimination-basis
Sex discrimination
General
Disparate Treatment
Plaintiff Type
Private Plaintiff
Causes of Action Title VII (including PDA), 42 U.S.C. § 2000e
Defendant(s) United States State Department
Plaintiff Description Women who had been discrimination against in six occupational categories by the United States Information Agency.
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
Source of Relief Litigation
Form of Settlement Court Approved Settlement or Consent Decree
Order Duration 1974 - 1984
Case Closing Year 2000
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)
1:77-cv-02019-JR (D.D.C.) 03/12/2010
EE-DC-0048-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
MEMORANDUM OPINION (Granting partial summary judgment) 01/27/1978 (444 F.Supp. 573) (D.D.C.)
EE-DC-0048-0015.pdf | WESTLAW| LEXIS | Detail
Document Source: Google Scholar
OPINION (Plaintiffs had not established prima facie case) 10/24/1979 (1979 WL 39) (D.D.C.)
EE-DC-0048-0020.pdf | WESTLAW | Detail
Document Source: Westlaw
COURT OF APPEALS OPINION 1982 08/27/1982 (686 F.2d 997)
EE-DC-0048-0004.pdf | WESTLAW| LEXIS | Detail
Document Source: Public.Resource.Org
OPINION (on remand) 11/16/1984 (600 F.Supp. 361) (D.D.C.)
EE-DC-0048-0010.pdf | WESTLAW| LEXIS | Detail
Document Source: Google Scholar
ORDER (Denying Defendant's motion to reconsider) 01/19/1988 (678 F.Supp. 312) (D.D.C.)
EE-DC-0048-0011.pdf | WESTLAW| LEXIS | Detail
Document Source: Google Scholar
OPINION (Placing Burden of Proof Regarding Qualification for Jobs on Defendants) 04/15/1988 (1988 WL 39856) (D.D.C.)
EE-DC-0048-0017.pdf | WESTLAW | Detail
Document Source: Westlaw
CLASS NOTICE TO FEMALE APPLICANTS TO ENTRY LEVEL FOREIGN SERVICE INFORMATION OFFICER/ENTRY LEVEL FOREIGN SERVICE OFFICER POSITIONS WITH THE UNITED STATES INFORMATION AGENCY FROM JANUARY 1, 1978 TO NOVEMBER 16, 1984 08/26/1991 (1991 WL 202367)
EE-DC-0048-0018.pdf | WESTLAW | Detail
Document Source: Westlaw
REPORT AND RECOMMENDATIONS OF THE SPECIAL MASTER REGARDING FOREIGN SERVICE OFFICERS 06/08/1992 (1992 U.S.Dist.LEXIS 22186) (D.D.C.)
EE-DC-0048-0022.pdf | LEXIS | Detail
Document Source: LexisNexis
MEMORANDUM OPINION AND ORDER OF CHARLES R. RICHEY UNITED STATES DISTRICT JUDGE (Partially adopting Special Master's recommendations) 07/09/1992 (1992 WL 754646) (D.D.C.)
EE-DC-0048-0019.pdf | WESTLAW | Detail
Document Source: Westlaw
COURT OF APPEALS OPINION 1994 04/05/1994 (19 F.3d 1459)
EE-DC-0048-0014.pdf | WESTLAW| LEXIS | Detail
Document Source: Google Scholar
MEMORANDUM OPINION (Denying motion to de-certify class) 11/23/1994 (158 F.R.D. 525) (D.D.C.)
EE-DC-0048-0016.pdf | WESTLAW| LEXIS | Detail
Document Source: Google Scholar
COURT OF APPEALS OPINION 1996 07/19/1996 (88 F.3d 1232)
EE-DC-0048-0008.pdf | WESTLAW| LEXIS | Detail
Document Source: Google Scholar
MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF DEFENDANT'S MOTION TO REVERSE SPECIAL MASTER'S DECISION REGARDING CLAIM OF INDIVIDUAL PLAINTIFF 10/15/1996
EE-DC-0048-0005.pdf | Detail
Document Source: Westlaw
INDIVIDUAL PLAINTIFF'S OPPOSITION TO DEFENDANT'S MOTION TO REVERSE SPECIAL MASTER'S DECISION REGARDING CLAIM OF THAT PLAINTIFF 10/28/1996
EE-DC-0048-0006.pdf | Detail
Document Source: Westlaw
MEMORANDUM OPINION (Adopting order of Special Master) 06/24/1997 (973 F.Supp. 189) (D.D.C.)
EE-DC-0048-0012.pdf | WESTLAW| LEXIS | Detail
Document Source: Google Scholar
MEMORANDUM ORDER (Plaintiffs not entitled to award of prejudgment interest on fees and expenses) 08/04/1997 (973 F.Supp. 199) (D.D.C.)
EE-DC-0048-0013.pdf | WESTLAW| LEXIS | Detail
Document Source: Google Scholar
MEMORANDUM OPINION (Addressing damages) 05/20/1998 (8 F.Supp.2d 1) (D.D.C.)
EE-DC-0048-0009.pdf | WESTLAW| LEXIS | Detail
Document Source: Google Scholar
MEMORANDUM AND ORDER APPROVING CONSENT DECREE 07/12/2000 (D.D.C.)
EE-DC-0048-0002.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
JUDGMENT 08/14/2000 (D.D.C.)
EE-DC-0048-0001.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
ORDER FOR ENTRY OF JUDGMENT 08/14/2000 (D.D.C.)
EE-DC-0048-0003.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
[DC Cir.] Order 03/15/2001 (2001 WL 410461 / 2001 U.S.App.LEXIS 7560)
EE-DC-0048-0021.pdf | WESTLAW| LEXIS | Detail
Document Source: LexisNexis
Judges Celebrezze, Anthony Joseph (Sixth Circuit)
EE-DC-0048-0004 | EE-DC-0048-9000
Garland, Merrick B. (D.C. Circuit)
EE-DC-0048-0021 | EE-DC-0048-9000
Henderson, Karen LeCraft (D.S.C., D.C. Circuit)
EE-DC-0048-0014 | EE-DC-0048-9000
Randolph, Arthur Raymond (D.C. Circuit)
EE-DC-0048-0014 | EE-DC-0048-0021 | EE-DC-0048-9000
Richey, Charles Robert (D.D.C.)
EE-DC-0048-0010 | EE-DC-0048-0011 | EE-DC-0048-0015 | EE-DC-0048-0016 | EE-DC-0048-0017 | EE-DC-0048-0018 | EE-DC-0048-0019 | EE-DC-0048-0020 | EE-DC-0048-9000
Robertson, James (D.D.C.)
EE-DC-0048-0002 | EE-DC-0048-0003 | EE-DC-0048-0009 | EE-DC-0048-0012 | EE-DC-0048-0013 | EE-DC-0048-9000
Rogers, Judith Ann Wilson (D.C. Circuit)
EE-DC-0048-0008 | EE-DC-0048-9000
Saltzburg, Stephen A Court not on record
EE-DC-0048-0022
Silberman, Laurence Hirsch (D.C. Circuit, FISCR)
EE-DC-0048-0008 | EE-DC-0048-9000
Wald, Patricia McGowan (D.C. Circuit)
EE-DC-0048-0004 | EE-DC-0048-0014 | EE-DC-0048-9000
Williams, Stephen Fain (D.C. Circuit)
EE-DC-0048-0008 | EE-DC-0048-0021 | EE-DC-0048-9000
Wright, James Skelly (E.D. La., D.C. Circuit)
EE-DC-0048-0004 | EE-DC-0048-9000
Monitors/Masters None on record
Plaintiff's Lawyers Brackshaw, Susan L (District of Columbia)
EE-DC-0048-0006 | EE-DC-0048-9000
Chertkof, Stephen Z. (District of Columbia)
EE-DC-0048-0006 | EE-DC-0048-9000
Correia, Linda M (District of Columbia)
EE-DC-0048-0006 | EE-DC-0048-9000
Flynn, Terrence F. (District of Columbia)
EE-DC-0048-0006 | EE-DC-0048-9000
Fredrickson, Bruce A. (District of Columbia)
EE-DC-0048-0006 | EE-DC-0048-9000
Huron, Douglas (District of Columbia)
EE-DC-0048-0006 | EE-DC-0048-9000
Malson, Laurel Pyke (District of Columbia)
EE-DC-0048-0006 | EE-DC-0048-9000
Defendant's Lawyers Holder, Eric H. Jr. (District of Columbia)
EE-DC-0048-0005 | EE-DC-0048-9000
Van Horn, Daniel F (District of Columbia)
EE-DC-0048-0005 | EE-DC-0048-9000
Other Lawyers None on record

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