WHO IS INCLUDED IN THE SETTLEMENT?
You are a class member if you were an Officer or Agriculture Specialist who was pregnant and placed on temporary light duty at any point between July 18, 2016 and June 26, 2024. If you received the Notice which says, “If you are receiving this notice, you have been deemed a member of the class,” then you are a member of the class.
If you received the Notice which says, “If you are receiving this notice, you MAY be a member of the class, subject to verification,” then you are a “potential” member of the class.
There are roughly 1,000 members of the class.
This means that you have contacted Class Counsel previously and provided information that you may be a class member, but you do not appear in the class list assembled by the Agency. We have included you on the list as a “potential” class member, subject to verification.
In order to be verified as a class member, we have asked the Agency to double check their records. Separately, if you have any documentation demonstrating that you are a class member, as defined above, please provide that to us by emailing cbpcase@gelawyer.com. Acceptable documentation could include emails discussing your light duty status, the paperwork from your light duty request, or any employee payroll codes that indicate you were on light duty.
Please also contact us if you no longer believe you are a class member.
If you gave a declaration in this case and you were an Officer or Agriculture Specialist who was pregnant and placed on temporary light duty at any point between July 18, 2016 and June 26, 2024, then you are a class member. If your entire light duty period for pregnancy occurred before July 18, 2016, then unfortunately you are outside of the statute of limitations and are not part of the class, even if you gave a declaration.
You are a class member if you were an Officer or Agriculture Specialist who was pregnant and placed on temporary light duty at any point between July 18, 2016 and June 26, 2024. If you received the Notice which says “If you are receiving this notice, you have been deemed a member of the class,” then you are a member of the class. Your supervisory status does not preclude you from class membership.
If you received the Notice from either the Agency or Class Counsel, you are a member of the class, unless the Notice specifically identified you as a POTENTIAL class member (see above).
If you did not receive Notice from either the Agency or Class Counsel, you are not a member of the class.
The cut-off date is based on the Statute of Limitations in this case. If your entire light duty period for pregnancy occurred before July 18, 2016, then unfortunately you are outside of the Statute of Limitations and are not part of the class.
SETTLEMENT BENEFITS
Customs and Border Protection (“CBP” or the “Agency”) has agreed to pay $45 million into a settlement fund. This money will be divided among the class members and will also be used to pay the cost of administering this Settlement, attorneys’ fees and costs, and service awards to the class members who significantly contributed to the success of this litigation. The Settlement also requires the Agency to make substantial improvements to its policies and practices related to the treatment of pregnant employees. In exchange, class members will “release” their claims as part of the Settlement, which means they cannot sue the Agency based on the same conduct that led to this lawsuit.
If you are a class member, you will receive a payment. Your payment amount will depend on several factors:
At this time, we are unable to tell you the exact amount your payment will be.
The emotional harm tiers are based on information that you provided to us prior to reaching a settlement in this case. Unfortunately, the deadline to submit more emotional harm information has passed. We are currently evaluating this information and placing class members into tiers. Class Counsel’s determination of which tier someone is assigned to is final. We are not sharing that information on an individual basis.
If you submitted responses to our online questionnaire(s) at any time, we have your information. If you submitted the questionnaire(s) multiple times, we have combined all of your answers for purposes of evaluating your emotional harm damages. Additionally, we have evaluated any information or documents you provided to Class Counsel through email or phone calls.
No, the deadline to submit emotional harm information has passed. We are not accepting additional emotional harm information from class members.
Members of the class will likely receive their settlement checks by mail in December or January. You will also receive tax documents at that time.
If you are still employed by CBP and you have updated your address with CBP, then we likely do not need your new mailing address. If you are no longer employed by CBP and you have a new mailing address, you should send us your new mailing address to ensure the settlement check is sent to the correct address.
OBJECTING TO THE SETTLEMENT
If you disagree with the Settlement, you may “object.” You must give specific reasons why you think the judge should not approve the Settlement and say whether your objection applies to just you, a part of the class, or the entire class. The judge will then consider your views.
Objecting to the settlement is not a valid way to dispute the amount that you, personally, will be paid according to the terms of the settlement. Objecting to the settlement applies to the entire settlement, not just your individual payment.
If you make an objection, the judge will consider your objection before determining whether to approve the settlement on behalf of the class.
If you object to the settlement, there is a chance that the settlement will not be approved by the judge. This means that no one in the class will receive settlement payments.
As a member of the class, you have a right to submit a petition to vacate this settlement (sometimes referred to as an “objection”) within 30 days of Notice Distribution. An objection is an assertion by a class member that the Settlement should not be approved because it is not fair, adequate, and reasonable to the class as a whole.
If you object to the settlement, there is a chance that the settlement will not be approved by the judge. This means that no one in the class will be paid by the settlement.
Objecting to the settlement is not a valid way to dispute the amount that you, personally, will be paid according to the terms of the settlement. Objecting to the settlement applies to the entire settlement, not just your individual payment.
If you wish to object, you must email Administrative Judge Nancy E. Graham, copying Class Counsel, by no later than September 11, 2024 (if you received notice by email) or September 16, 2024 (if you received notice by mail).
THE LAWYERS REPRESENTING YOU
In a class action, the court appoints lawyers —called Class Counsel—to work on the case and defend the interests of the class members. For this case, the Court has appointed as Class Counsel the law firms Gilbert Employment Law, P.C., and Cohen Milstein Sellers & Toll PLLC. These are the law firms that negotiated this Settlement on your behalf.
You will not have to pay Class Counsel directly. Attorneys’ fees and costs will be paid by the Agency and deducted from the total settlement fund before payments are distributed to class members. To date, Class Counsel have not been paid any money for their work or out-of-pocket expenses in this case. To pay for some of their time and risk in bringing this case, without any guarantee of payment unless they were successful, Class Counsel have negotiated a payment of 20% of the settlement fund, plus costs.
We prefer that you reach out by email at cbpcase@gelawyer.com, so that we have a written record that you contacted us, and we can track our responses.
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