University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name Johnson v. Ashcroft EE-DC-0066
Docket / Court 1:93-cv-00206-TFH ( D.D.C. )
State/Territory District of Columbia
Case Type(s) Equal Employment
Special Collection Private Employment Class Actions
Case Summary
On February 1, 1993, Black Special Agents employed by the FBI filed a lawsuit under Title VII against the Federal Bureau of Investigation, Department of Justice, in the United States District Court, District of Columbia. The Plaintiffs, represented by private counsel and the Washington ... read more >
On February 1, 1993, Black Special Agents employed by the FBI filed a lawsuit under Title VII against the Federal Bureau of Investigation, Department of Justice, in the United States District Court, District of Columbia. The Plaintiffs, represented by private counsel and the Washington Metropolitan Transit Authority, asked the Court of injunctive and declaratory relief, claiming that they had been discriminated against based upon their race. Specifically, Plaintiffs claimed that they had been denied promotions, transfers, assignments, training classes, bonuses, and awards.

On October 4, 1993, the Court (Judge Thomas F. Hogan) granted Defendant's motion for summary judgment and denied intervenor FBI Agent Association's motion for summary judgment. Johnson v. Reno, No. 93-0206, 1993 U.S. Dist. LEXIS 21464 (D. D.C. Oct. 4, 1993).

The parties settled on October 14, 1993.

On April 17, 1996, the Court granted in part and denied in part Defendant's motion to clarify certain parts of the settlement agreement entered into the parties in 1993. Johnson v. Reno, 1996 U.S. Dist. LEXIS 5346, No. 93-206 (D. D.C. Apr. 17, 1996). First, the Court found that the settlement agreement was intended to bar the bringing if disparate impact claims arising before March 5, 1991. Next, the Court decided that Plaintiffs would be precluded from bringing claims that arose during the relevant time period and in areas in which relief was granted in the settlement agreement.

The Court approved an amendment to the settlement agreed to by the parties on May 17, 2000. The amendment extended the time period for the FBI to implement portions of the settlement agreement that were still being implemented.

On December 14, 2000, the Court granted Plaintiffs' Motion to Authorize Disbursement from Plaintiffs' Monitoring Fund for Payment of Interim Costs and Fees.



The Court issued and approved a Mediation Settlement Agreement on April 30, 2001. The order detailed the Agreement, which provided that the FBI would allow class members who had pending race-based administrative EEO or future administrative EEO claims based on promotions, discipline, or performance appraisals to elect an alternative review of such claims.

On May 8, 2007, the parties stipulated that, as of September 30, 2006, the FBI had discharged all of its obligations set forth in the Settlement Agreement and in all subsequent and related agreements. There has been no further action in the case.

Haley Waller - 07/03/2010


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Issues and Causes of Action
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Issues
Discrimination-area
Other Conditions of Employment (including assignment, transfer, hours, working conditions, etc)
Pay / Benefits
Promotion
Seniority
Training
Discrimination-basis
Race discrimination
General
Disparate Impact
Disparate Treatment
Plaintiff Type
Private Plaintiff
Race
Black
Causes of Action Title VII (including PDA), 42 U.S.C. § 2000e
42 U.S.C. § 1981
Defendant(s) Attorney General of the United States
Plaintiff Description Black Special Agents of the Federal Bureau of Investigation filed claims alleging race discrimination in the FBI's employment policies and practices.
Indexed Lawyer Organizations None on record
Class action status sought Yes
Class action status granted Yes
Prevailing Party Mixed
Public Int. Lawyer No
Nature of Relief Injunction / Injunctive-like Settlement
Source of Relief Settlement
Form of Settlement Court Approved Settlement or Consent Decree
Order Duration not on record
Case Closing Year 1993
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)
1:93-cv-00206-TFH (D.D.C.) 05/08/2007
EE-DC-0066-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
MEMORANDUM OPINION (Granting summary judgment against intervenors) 10/04/1993 (1993 U.S.Dist.LEXIS 21464) (D.D.C.)
EE-DC-0066-0006.pdf | LEXIS | Detail
Document Source: LexisNexis
MEMORANDUM OPINION (Granting in part and denying in part Defendant's Motion For Clarification of Scope of Settlement Agreement) 04/17/1996 (1996 U.S.Dist.LEXIS 5347) (D.D.C.)
EE-DC-0066-0007.pdf | LEXIS | Detail
Document Source: LexisNexis
ORDER (Approving settlement agreement amendment) 05/17/2000 (D.D.C.)
EE-DC-0066-0002.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
MEMORANDUM OPINION (Authorizing disbursement from fund to pay interim fees and costs) 12/14/2000 (D.D.C.)
EE-DC-0066-0001.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
MEDIATION SETTLEMENT AGREEMENT 04/30/2001
EE-DC-0066-0003.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
ORDER (Approving mediation settlement agreement) 04/30/2001 (D.D.C.)
EE-DC-0066-0004.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
JOINT STIPULATION AS TO THE DISCHARGE OF OBLIGATIONS UNDER THE SETTLEMENT AGREEMENT AND ALL SUBSEQUENT AMENDMENTS AND AGREEMENTS 05/08/2007
EE-DC-0066-0005.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Judges Hogan, Thomas Francis (FISC, D.D.C.)
EE-DC-0066-0001 | EE-DC-0066-0002 | EE-DC-0066-0003 | EE-DC-0066-0004 | EE-DC-0066-0006 | EE-DC-0066-0007 | EE-DC-0066-9000
Monitors/Masters None on record
Plaintiff's Lawyers Schmidt, Ronald A. (District of Columbia)
EE-DC-0066-0003 | EE-DC-0066-9000
Shaffer, David J. (District of Columbia)
EE-DC-0066-0003 | EE-DC-0066-0005 | EE-DC-0066-9000
Taren, Jeffrey L (District of Columbia)
EE-DC-0066-0003 | EE-DC-0066-9000
Defendant's Lawyers Gacki, Andrea (District of Columbia)
EE-DC-0066-0005 | EE-DC-0066-9000
Keisler, Peter D. (District of Columbia)
EE-DC-0066-0005 | EE-DC-0066-9000
Lewis, Wilma A. (District of Columbia)
EE-DC-0066-0003 | EE-DC-0066-9000
Lobue, Joseph W. (District of Columbia)
EE-DC-0066-0005 | EE-DC-0066-9000
Ogden, David W. (District of Columbia)
EE-DC-0066-0003 | EE-DC-0066-9000
Osler, Lois B. (District of Columbia)
EE-DC-0066-0003 | EE-DC-0066-9000
Sharrin, Andrea M (District of Columbia)
EE-DC-0066-0003 | EE-DC-0066-9000
Taylor, Jeff (District of Columbia)
EE-DC-0066-0005 | EE-DC-0066-9000
Other Lawyers None on record

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