NEWS
RELEASE
NEWS CONTACT:
For the Class:
Kator Parks & Weiser, PLLC
Maia Caplan
202 898-4899, ext. 256
For NASA Goddard:
Office of Public Affairs
Mark Hess
301 286-8982
FOR
IMMEDIATE RELEASE
NASA
GODDARD AND CLASS AGREE TO
SETTLE
RACE DISCIRMINATION SUIT
Washington,
DC, May 6, 2002 -
NASA's Goddard Space Flight Center (GSFC) and the class in a lawsuit filed on
behalf of 120 African Americans who served as non-managerial, non-supervisory
scientists and engineers at the GS-13 and GS-14 levels between April 1991 and
February 25, 2002, have agreed to settle their suit. The settlement provides
for a $3.75 million fund in economic relief to class members, promotions for
both class members and non-class members following merit-based reviews, and
evaluation and redesign of GSFC's personnel management system and alternative
dispute resolution procedures by independent experts.
The
lawsuit, filed with the Equal Employment Opportunity Commission in April 1993,
contended that the Goddard Space Flight Center discriminated against African
American non-managerial, non-supervisory scientists and engineers who were
eligible for but did not receive promotions to the GS-14 and GS-15 levels. After
litigating class certification issues, the parties voluntarily entered into
mediation in February 2001 in an effort to redress concerns raised by the class
and to avoid additional litigation costs. Under the terms of the settlement
agreement, GSFC admits no wrongdoing. The parties reached settlement with
the assistance of private mediator Linda Singer of ADR Associates.
Goddard
Space Flight Center Director A. V. Diaz said, "This settlement establishes
a new beginning for the entire GSFC community. It offers
the opportunity to enhance our efforts to put in place policies and
procedures that will ensure all employees are treated fairly and given equal
access to promotion and development opportunities."
"I'm satisfied with this settlement and I want to thank
the individuals who raised these issues. Their efforts focused management's
attention on these matters. We are committed to the initiatives outlined in
this settlement and I believe we can move forward," Diaz said.
Maia
Caplan of Kator Parks & Weiser, counsel for the class, is likewise
optimistic about the settlement. According to Caplan, "The settlement
provides extensive monetary compensation to class members for injuries
sustained in the past, and also prospectively for changes in Goddard's personnel
management system that will better ensure equal opportunity for employees of
all races." If finally approved, Caplan's firm, Kator Parks & Weiser,
PLLC, will be monitoring GSFC's compliance with the settlement.
The
settlement appoints an independent expert to recommend improvements to GSFC's
performance management system with respect to accretion and career ladder
promotions, awards, training and performance appraisals. Another
independent expert will give a fresh look to GSFC's current alternative dispute
resolution process for resolving informal EEO complaints.
Other
important elements of the settlement include establishing new manager and
supervisor training programs to foster employee development, EEO and diversity
issues and providing management track training opportunities for scientists and
engineers at GSFC.
The
Settlement Agreement received initial approval on May 2, 2002 from
Administrative Judge Linda A. Kincaid, of the EEOC Baltimore District Office.
Because the proposed settlement involves a class, it must be finally approved
after a fairness hearing is held to determine if the terms of the settlement
are fair, adequate and reasonable to the class as a whole. The fairness hearing will be held on
July 8, 2002. Class members or
other persons interested in learning more about the settlement terms can access
information on the web at www.katorparks.com.
Alternatively, they may phone 1-866-385-5767.
-end-