EXHIBIT 2
EQUAL EMPLOYMENT OPPORTUNITY
COMMISSION
BALTIMORE FIELD OFFICE
10 South Howard Street, 3RD Floor
Baltimore, MD
____________________________________
Walter
Flournoy,
on
behalf of himself
and
all other persons similarly situated,
v.
Sean
O’Keefe, Administrator
National
Aeronautics and
Space
Administration,
Agency.
____________________________________
EEOC
No. 120-A2-1267
The release of claims is made and
entered into this ____ day of _______, ____, by and between [Releasor] and the
NASA Goddard Space Flight Center ("NASA Goddard").
Pursuant to the Settlement
Agreement as approved by EEOC Administrative Jude Linda A. Kincaid on ________,
2002 in Flournoy v. O'Keefe, Administrator, NASA, EEOC No.
120-A2-1267X ("EEOC case") and dismissing the EEOC case and all
related cases in their entirety on the merits, with prejudice,
I, [Name], a Class Member in the
EEOC case, together with each and all of my representatives, heirs, successors,
and assigns, hereby fully, finally, unconditionally and irrevocably waive,
release, remise, discharge and covenant not to sue NASA Goddard or any or all
of its past or present predecessors, successors, parents, affiliates,
subsidiaries and assigns, and their respective past or present directors,
officers, employees, agents, attorneys and representatives, and anyone acting
in concert with any of them ("NASA Goddard Releasees"), from or on
any and all direct, indirect, representative, individual and/or class claims,
allegations, actions, rights, obligations, liabilities and causes of action of
whatsoever kind or nature, arising up to and including February 25, 2002, which
arise out of or relate to my being eligible but not receiving on account of
race a promotion from a GS-13 to a GS-14 or a GS-14 to a GS-15 position as a
scientist or engineer at NASA Goddard, whether presently known or unknown,
actual or potential, existing or contingent, suspected or unsuspected, apparent
or concealed, not specifically excepted herein ("Claims"), including
but not limited to,
(i) any and all
direct, representative, individual and/or class claims, allegations, actions,
rights, obligations, liabilities and causes of action alleging race
discrimination made by or on behalf of the Class Agent individually or on
behalf of the Class as defined in the Settlement Agreement filed, or arising
from or relating to matters or allegations which are the subject matter of this
action, or that could have been made by or on behalf of the Class Agent
individually or on behalf of the Class herein, whether known or unknown, actual
or potential;
(ii) any and all direct,
representative, individual and class claims, allegations and causes of action,
actual or potential, known or unknown, of race discrimination that either of
the Class Agent or the Class Members made or brought or could have made or
brought relating to their eligibility for and denial of promotion(s) from the
GS-13 to the GS-14 or from the GS-14 to GS-15 position) as a scientist or
engineer at any time between April 19, 1991 and February 25, 2002 through or in
any court proceeding or in any arbitration or other dispute resolution
mechanism or through any complaints or charges filed with the Equal Employment
Opportunity Commission ("EEOC") or any other federal, state, or local
governmental body or authority, under any federal, state, or local statutory or
common law, including, but not limited, to claims of race discrimination in
promotion, training, and performance evaluations, and claims for damages, back
pay or other monetary relief or benefits, or for injunctive, declaratory,
equitable, compensatory, punitive or any other relief for any such alleged
unlawful discrimination; and
(iii) any and all direct,
representative, individual and class claims, allegations and causes of action
for attorneys' fees and costs that the Class Agent or the Class have made or
could have made, as of February 25, 2002.
In signing this Release, I agree
and acknowledge that a monetary payment and/or specific job relief are provided
to me as full consideration pursuant to the terms of the Settlement Agreement
and the claims resolution process provided for therein.
I acknowledge that I have been
represented by legal counsel in the negotiation and preparation of the
Settlement Agreement and all exhibits thereto (including this Release), that I
understand the Settlement Agreement and all exhibits thereto (including this
Release) and am fully aware of their content and legal effect, and that I have
entered into the Settlement Agreement, and am executing this Release, freely,
without coercion, based on advice of my legal counsel and my own judgment and
not in reliance upon any representations or promises made by NASA Goddard,
other than those expressly set froth in the Settlement Agreement.
This Release shall become
effective seven days after the signing of this Release. This Release shall incorporate the
terms and conditions of the Settlement Agreement.
By singing this Release, I
acknowledge and affirm (1) that I am competent, (2) that I have been afforded a
time period of at least 21 days to review this Release with legal counsel of my
choice and have done so, (3) that if I take fewer than 21 days to consider and
execute this Release, I do so voluntarily, with the understanding that I will
be accelerating its effective date, and (4) that I have read and understand and
accept the nature, terms, scope and effect of this Release.
By my signature below, I represent
that I understand that I am permitted to revoke this Release at any time during
the period of seven days after I sign the Release. This Release will not be effective or enforceable and no
payments will be made under the Settlement Agreement until the seven-day
revocation period has expired without my having exercised my right of
revocation.
By signing this Release, I
acknowledge and affirm that I have carefully read and understand this entire
document, that I have been advised to consult with an attorney prior to signing
this Release, that no promises or inducements have been made to me except as
set forth in this Release, and that I have signed this release freely and
voluntarily, intending to be legally bound by its terms.
RELEASOR
_____________________________________
SIGNATURE OF CLASS MEMBER
Sworn to
before me this ____ day of
_________,
2002
Notary
Public
My
Commission expires ______________