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. alisa says:

    Who? or How do I do a change of address?

    1. Michael Benjamin says:

      On http://www.wmataclassaction.com/ there is a link to change address.

  2. Michael Benjamin says:

    Has anybody else contacted the lawyers to get an update

    1. Top Class Actions says:

      Appeals are pending and can take several months or even a year or longer to resolve. TCA is following the case and will keep viewers updated.

  3. Michael Benjamin says:

    We are looking at early fall

    1. Michael Benjamin says:

      I spoke with a clerk who explained they have 30 days to file appeals and then the time to rectify all the Appeals

  4. Mikeb says:

    So how long will this hold us up

    1. Michael Benjamin says:

      We are looking at early fall

  5. Top Class Actions says:

    The settlement is now under appeal.

    1. Mikeb says:

      How can an agreement by both parties be appealed

      1. Mikeb says:

        And i cant find any docs on the appeal

        1. Mikeb says:

          So how long will this hold us up

  6. Markee says:

    So when can get our checks.?

  7. Lorenzo Randolph says:

    Thanks for the update…good job…

  8. Rambaz says:

    Final approval was granted 4/27

    1. Joy says:

      When will the checks be mailed out

      1. Rambaz says:

        Read the court docs,but I am not sure

  9. Cindy says:

    Gigi,

    We appreciate the update.

  10. Marquese Washington says:

    Right…i hope it’s good

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Please note: Top Class Actions is not a settlement administrator or law firm. Top Class Actions is a legal news source that reports on class action lawsuits, class action settlements, drug injury lawsuits and product liability lawsuits. Top Class Actions does not process claims and we cannot advise you on the status of any class action settlement claim. You must contact the settlement administrator or your attorney for any updates regarding your claim status, claim form or questions about when payments are expected to be mailed out.