Anne Bucher  |  February 12, 2018

Category: Closed Class Actions

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WASHINGTON, DISTRICT OF COLUMBIA - APRIL 14: View of Washington DC Metro Subway Train Station on April 14, 2017

The Washington Metropolitan Area Transit Authority has agreed to pay $6.5 million to settle a class action lawsuit over allegations of racial discrimination in the employee background checks it used.

If you are an African American who failed WMATA’s background screening on or after Feb. 23, 2012 and were denied employment or terminated by WMATA or a WMATA contractor, suffering loss of employment or pay as a result, you may be entitled to compensation from the D.C. Metro class action settlement.

According to the D.C. Metro class action lawsuit, WMATA adopted a criminal background screening policy in December 2011 that allegedly adversely and disproportionately affected African Americans. The plaintiffs claim that WMATA’s background check policy violated Title VII of the Civil Rights Act of 1964.

WMATA denies the allegations and maintains that its background check policy was not discriminatory. However, it has agreed to settle the D.C. Metro discrimination class action lawsuit to avoid the burden and expense of further litigation.

In addition to providing cash payments to eligible claimants, WMATA has also agreed to change its background check policies for at least one year.

Class Members who would like to opt out of or object to the D.C. Metro discrimination class action settlement must do so no later than March 19, 2018.

Approximately 1,000 Class Members may be eligible for benefits from this D.C. Metro class action settlement.

Who’s Eligible

Class Members of the D.C. Metro discrimination class action lawsuit include African American individuals who were, at any time on or after Feb. 23, 2012:

  • Denied employment with WMATA, or were terminated or suspended from your position with WMATA, because you failed a background screening and Appendix A or C of the background screening policy; or
  • Denied employment with a WMATA contractor or subcontractor, or were terminated or suspended from your position with a WMATA contractor or subcontractor, because you failed a background screening under Appendix C of the background screening policy; or
  • Denied employment with a WMATA contractor or subcontractor, or were terminated or suspended from your position with a WMATA contractor or subcontractor, because you failed a background screening under Appendix F of the background screening policy.

NOTE: To qualify as a Class Member, you must have suffered a loss of earnings, employment or other damage as a result of the failed background screening.

Potential Award

$2,000 (estimated).

Class Members who submit short form claims will receive a flat payment that is estimated at $2,000. If you believe you suffered more than $2,000 in lost wages, you may submit a long form claim with documentation that supports a class action settlement payment of more than $2,000.

Proof of Purchase

Class Members must provide a Form W-9 and confirm that they:

  • Are African American;
  • Failed the WMATA background screening policy; and
  • Were denied employment, terminated, or suspended by WMATA or a WMATA contractor.

If you submit a long form claim seeking damages of more than $2,000, you must provide supporting documentation.

Claim Form

CLICK HERE TO FILE A SHORT CLAIM FORM »

CLICK HERE TO FILE A LONG CLAIM FORM »

NOTE: If you do not qualify for this settlement do NOT file a claim.

Remember: you are submitting your claim under penalty of perjury. You are also harming other eligible Class Members by submitting a fraudulent claim. If you’re unsure if you qualify, please read the FAQ section of the Settlement Administrator’s website to ensure you meet all standards (Top Class Actions is not a Settlement Administrator). If you don’t qualify for this settlement, check out our database of other open class action settlements you may be eligible for.

Claim Form Deadline

3/8/2018

Case Name

Erick Little, et al. v. Washington Metropolitan Area Transit Authority, et al., Case No. 1:14-cv-01289-RMC, in the U.S. District Court for the District of Columbia

Final Hearing

4/18/2018

UPDATE: The D.C. Metro Employment Discrimination Class Action Settlement was granted final approval on April 27, 2018. Let Top Class Actions know when you receive a check in the comments section below or on our Facebook page.

UPDATE 2: On May 2, 2018, an appeal to the D.C. Metro Employment Discrimination Class Action Settlement. Claims will not be paid until all appeals are exhausted.  We appreciate your ongoing patience. Top Class Actions will continue to provide updates as we learn more. 

UPDATE 3 September 18, 2018: According to the settlement administrator, the settlement has been affirmed by the court of appeals.  There is now a waiting period to see if a petition is filed to the Supreme Court.  The next update will be on December 10, 2018.

Settlement Website

www.WMATAClassAction.com

Claims Administrator

Settlement Services Inc.
P.O. Box 10643
Tallahassee, FL 32302-2643

Class Counsel

John A. Freedman
Phone: (202) 942-5000
John.Freedman@APKS.com
ARNOLD & PORTER KAYE SCHOLER LLP

Matthew Handley
Dennis A. Corkery
WASHINGTON LAWYERS’ COMMITTEE FOR CIVIL RIGHTS AND URBAN AFFAIRS

Rachel M. Kleinman
Ajmel A. Quereshi
NAACP LEGAL DEFENSE & EDUCATIONAL FUND INC.

Defense Counsel

Kathleen Kraft
THOMPSON COBURN LLP

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232 thoughts onD.C. Metro Employment Discrimination Class Action Settlement

  1. Tiffany Walker-Briggs says:

    A group of us which was employed at WMATA need help in filling discrimination class suit for denied promotion, unequal pay, false charges for discipline, and bullying, denied ADA accommodation

  2. Jermaine Tolliver says:

    What can people do that didn’t hear about this? I’ve been denied employment twice because of that background check!

  3. Thomas Hall says:

    Anyone that did the Long Form in the case of ERICK LITTLE, et al Plaintiffs VS. WASHINGTON METROPOLITAN AREA TRANSIT AUTHORITY, et al., and you feel that your award amount was not sufficient,(Base amount of $2,000), please send your complaints to The Honorable Judge Rosemary M. Collyer, E. Barrett Prettyman United States Courthouse 333 Constitution Avenue, NW, Washington, D.C. 20001.

    PLEASE SEND YOUR CORRESPONDENCE RIGHT AWAY WHILE CERTAIN RIGHTS ARE STILL AFFORDED TO YOU.

    Please continue to share this information with other participants whom may not have been informed.

  4. Chrystal says:

    Who does my husband need to contact to find out if he was eligible and/or if he’ll be receiving a check? He filed the short form, but we haven’t heard or received anything.

  5. Thomas Hall says:

    I’m disappointed with how the class counsel evaluated my monetary damages awarded to me for the damages and suffering I endured as a result of WMATA discrimination and firing of me. I qualified for the Long Form. Short Form participants were guaranteed at least $2000 in damages and Long Form applicants would qualify for a greater amount. Hundreds of prospective applicants didn’t submit Forms to participate in the Class Action Suit at all. I remained unemployed for six (6) years after being discriminated against and terminated by WMATA and or it’s contractors. I received a check around or about February 21, 2019, for a mere $2000 after all I have suffered since being terminated. I believed that I would have been more fairly compensated after enduring so much. I’m not understanding the point of filing out the Long Form if, I were going to be compensated the same amount as the Short Form applicants. I went back to the office of NCAAP Legal Defense and Educational Fund, Inc., office to return the $2000 check and they would not take it back. I was seeking to appeal the amount of my settlement or request that my Long Form be re-evaluated. I was told that there was nothing that could be done at this point. All of the money had been disbursed and there was none left. In addition there was no one that could re-evaluate my case. There has to be some course of action that I can take. Does anyone have some suggestions?

    1. Thomas Hall says:

      I went down to Ms. Samantha Weaver office to return my check for $2,000. I requested that they re-evaluate my case to determine if I should have received more in compensation than the $2,000. She would not accept the check nor would give me any information on how I should go about contesting the amount I received. She said that she couldn’t tell me how to contest them, meaning the Washington Lawyers Committee For Civil Rights And Urban Affairs and Arnold & Porter Kaye Scholer LLP. In other words the same attorney’s that represented the class action.Now that the case has concluded, it’s as if we are not on the same team any longer. Ms. Weaver told me that attorney John A. Freeman instructed her to inform anyone that called, to let them know that there is no more money and there is nothing else that could be done. Of course they would say this after they collected every penny of their $1.625 million. In some ways I feel like the law firm is discriminating against us the claimants. However, i’m going to write to the Honorable Judge Rosemary M. Collyer to see if she is aware of how several people were unfairly treated and whether she can suggest what we should do at this point

  6. Dave says:

    what is Samantha weaver’s email address?

  7. Markel says:

    It takes about 5 business days for the check to clear…geesh smh if y’all that press drive to Ohio where that bank is on that check and cash it…lol

  8. Curtis McCoy says:

    Did anyone check clear my bank got account on hold thinking it’s a fraud check

    1. Larry m says:

      I still haven’t got my check was told to call them if I don’t get it at the end of the week I didn’t know it take 7 business days to come from Florida

      1. JC says:

        I haven’t received my check either. I emailed Samantha yesterday to let her know and she confirmed my eligibility and said it would be here soon. If it doesn’t arrive in 7 days who are we supposed to call?

        1. Tom says:

          Havent got mine either so maybe they are being sent in batches?

        2. Larry says:

          Am I the only one that still have not received their check

          1. JC says:

            Nope, I haven’t either. Who do we contact at this point? This is frustrating.

    2. Mark says:

      Cashed mine at check city no problem

    3. Gary says:

      I got my check but bank placed a hold also won’t clear until February 27th. BOA deposited February 15th.

  9. Toby says:

    Anybody in cali get theres yet?

  10. Lynn says:

    Located in dc recievedmy check today for 11,000

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