University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name Turnley v. Banc of America Investment Services, Inc. EE-MA-0021
Docket / Court 1:07-cv-10949 ( D. Mass. )
State/Territory Massachusetts
Case Type(s) Equal Employment
Special Collection Private Employment Class Actions
Case Summary
On May 18, 2007 a group of African Americans filed suit in the District Court for Massachusetts against their former employer, Banc of America Investment Services, Inc. Plaintiffs alleged a variety of discriminatory practices including disparate treatment, disparate impact, retaliation, and ... read more >
On May 18, 2007 a group of African Americans filed suit in the District Court for Massachusetts against their former employer, Banc of America Investment Services, Inc. Plaintiffs alleged a variety of discriminatory practices including disparate treatment, disparate impact, retaliation, and discriminatory practice. The complaint centered on the defendant's practice of assigning black financial advisors to work almost exclusively with black premiere bankers and then assigning these teams to minority communities. These communities were generally less affluent and thus presented fewer opportunities for the black employees to be successful. The result was less income and impeded progress within the company.

The defendant moved for dismissal or in the alternative transfer away from Massachusetts but on September 17, 2008 the district court (Judge Nancy Gertner) denied both motions. The parties engaged in extensive discovery and negotiations. On June 30, 2009 the parties reached a settlement agreement after mediation. The agreement required defendants to pay a sum of $7,200,000. It also provided for injunctive relief: defendant was required to develop and publicize a Non-Discrimination and Anti-Harassment Policy, provide more training, hire a Diversity Monitor, and consult with an Industrial Psychologist about the policy. The case was closed on November 18, 2009 when the district court granted class status and approved the class action settlement.

Michael Perry - 07/15/2010


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Issues and Causes of Action
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Issues
Content of Injunction
Develop anti-discrimination policy
Discrimination Prohibition
Provide antidiscrimination training
Discrimination-area
Discipline
Other Conditions of Employment (including assignment, transfer, hours, working conditions, etc)
Pay / Benefits
Promotion
Training
Discrimination-basis
Race discrimination
General
Disparate Impact
Disparate Treatment
Pattern or Practice
Plaintiff Type
Private Plaintiff
Race
Black
Causes of Action Title VII (including PDA), 42 U.S.C. § 2000e
State Anti-Discrimination Law
42 U.S.C. § 1981
Defendant(s) Banc of America Investment Services, Inc.
Bank of America
Plaintiff Description African American employees
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 Damages
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 2009
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)
1:07-cv-10949 (D. Mass.) 11/18/2009
EE-MA-0021-9000 PDF | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Class Action Complaint 05/17/2007
EE-MA-0021-0001 PDF | Detail
Document Source: Westlaw
Complaint (Second Amended Complaint) 09/17/2008
EE-MA-0021-0002 PDF | Detail
Document Source: LexisNexis
Opinion (Granting plaintiff's motion for leave to file a second amended complaint, denying defendant's motions to dismiss or transfer) 09/17/2008 (576 F.Supp.2d 204) (D. Mass.)
EE-MA-0021-0005 PDF | WESTLAW| LEXIS | Detail
Document Source: Google Scholar
Settlement Agreement 07/02/2009
EE-MA-0021-0003 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
FINAL JUDGMENT AND ORDER OF DISMISSAL 11/18/2009 (D. Mass.)
EE-MA-0021-0004 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Judges Gertner, Nancy (D. Mass.)
EE-MA-0021-0004 | EE-MA-0021-0005 | EE-MA-0021-9000
Monitors/Masters None on record
Plaintiff's Lawyers Jubenville, Matthew P. (California)
EE-MA-0021-0002 | EE-MA-0021-0003 | EE-MA-0021-9000
Karina Zaveri, Deval R. (California)
EE-MA-0021-9000
Khan, Major (New Jersey)
EE-MA-0021-0001 | EE-MA-0021-0002 | EE-MA-0021-9000
Mendoza, Niki L. (California)
EE-MA-0021-0002 | EE-MA-0021-0003 | EE-MA-0021-9000
Messing, Ellen J. (Massachusetts)
EE-MA-0021-0001 | EE-MA-0021-0002 | EE-MA-0021-9000
Robinson, Jeremy P. (New York)
EE-MA-0021-0001 | EE-MA-0021-0002 | EE-MA-0021-0003 | EE-MA-0021-9000
Singer, Steven B. (New York)
EE-MA-0021-0002 | EE-MA-0021-0003 | EE-MA-0021-9000
Stewart, Darnley D. (New York)
EE-MA-0021-0001
Defendant's Lawyers Cohen, Frances S. (Massachusetts)
EE-MA-0021-0003 | EE-MA-0021-9000
Holden, Jennifer L. (Massachusetts)
EE-MA-0021-9000
Holder, Eric H. Jr. (District of Columbia)
EE-MA-0021-9000
Huvelle, Jeffrey G. (District of Columbia)
EE-MA-0021-0003 | EE-MA-0021-9000
Kim, Sarah G. (Massachusetts)
EE-MA-0021-9000
Martin, Ralph C. II (Massachusetts)
EE-MA-0021-9000
Mee, Siobhan E. (Massachusetts)
EE-MA-0021-9000
Moran, Michael C. (Massachusetts)
EE-MA-0021-9000
Rodriques, Louis A. (Massachusetts)
EE-MA-0021-9000
Williamson, Thomas S. Jr. (District of Columbia)
EE-MA-0021-0003 | EE-MA-0021-9000
Other Lawyers None on record

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