1. Class Complaint Updates
Joy Brockman, Administrative Judge, Miami
Enechi Modu, Administrative Judge, Baltimore
Larry Green, Supervisory Attorney, OFO- EEOC
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2. What is a Class?
A class is defined as a group of employees, former employees, or applicants who are alleged to have been adversely affected by an agency personnel policy or practice which discriminates against the group on the basis of their common race, color, religion, sex, national origin, age, genetic information, or disability. 29 C.F.R. §

3. FOUR STAGE PROCESS
(1) A class agent seeks EEO counseling and files a class complaint
(3) If the class is certified, the class is notified and the class complaint returns to the AJ for processing and a final decison
(2) The class is reviewed by an Administrative Judge for certification
(4) If a finding is made in favor of the class, a determination of remedies is made

4. CERTIFICATION OF THE CLASS
A class complaint will be dismissed if: 1. The complaint does not meet all of the prerequisites of a class complaint under 29 C.F.R. § (a)(2) (that is, numerosity, commonality, typicality, and adequacy of representation); 2. The claims lack specificity and detail pursuant to 29 C.F.R. § (d)(4); 3. The complaint meets any of the criteria for dismissal pursuant to 29 C.F.R. § (a), Dismissals of Complaints.” 4. The Administrative Judge shall deny class certification when the complainant has unduly delayed in moving for certification.

5. THE CLASS HAS BEEN CERTIFIED…NOW WHAT?
NOTICE TO THE PARTIES
“Within 15 days of receiving notice that the administrative judge has accepted a class complaint or a reasonable time frame specified by the administrative judge, the agency shall use reasonable means, such as delivery, mailing to the last known address or distribution, to notify all class members of the acceptance of the class complaint.” 29 C.F.R. § (e)(1).

6. HEARING PHASE Discovery Redefining the Class Decertification
Expert witnesses
Case management techniques
Summary judgment

7. To bifurcate or not? Managing your time at hearing
THE HEARING
To bifurcate or not? Managing your time at hearing

8. SETTLEMENT
Unlike with individual complaints, a class settlement must be approved by the Administrative Judge as fair, adequate and reasonable to the class as a whole. The settlement cannot solely benefit the class agent. 29 C.F.R. § (g)(4) May necessitate a fairness hearing Class members only have standing to appeal the settlement if they have filed an objection with the AJ during the period allotted.