EPA Class Action Notice issued following certification of EEOC Class Action for Age and Race Discrimination

Kansas City, KSUnder Order from an administrative judge, the U.S. Environmental Protection Agency finally issued notices on the Friday of Labor Day weekend, August 29, 2008, to current and former EPA employees identified as members of a class action for age and race discrimination in Carol A. Clopton et. al v. Stephen L. Johnson, Administrator, United States Environmental Protection Agency, EEOC Case No. 280-A0-04324X.

In federal employee cases before the Equal Employment Opportunity Commission, federalagencies, rather than the Class representatives, are required to issue the notice to class members. This notice has been long delayed as the Appellate Office of the EEOC had first ordered the notice to be issued in October 2006. The notice was next ordered to be issued again on February 11, 2008, by the administrative judge who finalized the certification of the class in accordance with the EEOC's last appellate Order from January 2007.

The original complaint was filed by class agents Emajo Mayberry and Carol Clopton on July 20, 2000. However, on June 1, 2002, the AJ dismissed the class complaint. Upon appeal, the Office of Federal Operations, EEOC, instructed the AJ to conditionally certify the class on September 14, 2004. Following a second round of appeals by EPA, the EEOC issued a decision certifying the class on October 12, 2006. A subsequent request for reconsideration by EPA was denied on January 9, 2007.

The final class certification consists of all Region VII employees, including retired employees, who were employed between May 11, 1998 and August 31,2007 and who were at least 40 years of age when employed, including a subset of the class of Region VII black employees who were at least 40 years of age when employed.
The complainants allege that the agency denied rotational assignments, training opportunities and promotions to older career employees because of their age and race, while the EPA gave preferential treatment and opportunities to younger newly hired employees. This discriminatory treatment additionally included providing the younger employees with accelerated salary increases, increased amounts of paid leave, and special travel opportunities.

Class Agents Clopton and Mayberry filed the original complaint when EPA's R7 management initiated and practiced blatant and targeted age and racial discrimination against it's older employees through its "New Hires" program, thereby creating such hostile work situations that many older dedicated employees felt it necessary to take unplanned retirement to escape the accelerated unhealthy stressful environment.

Ms. Clopton and Ms. Mayberry, who had long been career employees at EPA, believe this suit is about holding government officials accountable. We have been seeking justice through the administrative process in the Federal government for eight years at our own expense. We are committed to assuring equality and fairness for ALL employees and believe the U. S. Environmental Protection Agency should be held accountable by compensating those employees who have been harmed by EPA's unwritten and illegal policies of age and race discrimination.