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May 21, 2003
|TO:||Potential Class Members|
|FROM:||Fred J. Gonzalez, Acting Chief, Office of Equal Opportunity (OEO),
Department of the Interior, United States Geological Survey
|SUBJECT:||Constance K. Throckmorton, Class Agent v. Gale Norton, Secretary,
Department of the Interior
Hearing No. 320-AO-8196X
On May 6, 2003, the Equal Employment Opportunity Commission (EEOC), Office of Federal Operations (OFO), reversed a Final Agency Decision in the above matter and certified a class of geologists in the Denver commuting area, 40 years of age and over, who were separated or downgraded pursuant to an October 1995 Reduction-In-Force (RIF). The decision requires the United States Geological Survey (USGS), U.S. Department of the Interior, to notify potential class members of the class certification in accordance with 29 C.F.R. §1614.204(e).
You are hereby notified that you have been identified as a potential class member in the above-mentioned class complaint.
In addition, you are provided with the following information pursuant to 29 C.F.R. §1614.204(e):
1. The name of the Agency or organizational segment, its location and the date of acceptance of the complaint:
The class action complaint is filed against the U.S. Department of the Interior, United States Geological Survey (USGS), Geological Survey, in the Denver, Colorado commuting area. The USGS headquarters address is 12201 Sunrise Valley Drive, Reston, Virginia 20192. The USGS Director is Charles G. Groat.
2. A description of the issues accepted as part of the class complaint:
Whether the USGS discriminated against employees or former employees, 40 years of age or over, on the basis of their age, in the Denver, Colorado commuting area, who were either separated or downgraded as a result of a Reduction in Force (RIF) around October of 1995.
3. An explanation of the binding nature of the decision or resolution of the complaint on class members:
All class members will receive notice of any settlement or decision on the class complaint whether or not said class members participated in this action. Class members may not "opt" out of the class action while it is pending. All class members will have the opportunity to object to any proposed settlement and to file claims for individual relief if discrimination is found. If a resolution is proposed, notice will be given to all class members and all class members will be informed that the resolution will bind all members of the class. Said Notice will inform all class members of the right to submit objections to the proposed resolution or settlement. The class members will be notified of the name and address of the Administrative Judge assigned to the case. Any class member may object to or challenge any proposed resolution or settlement within 30 days of that class member's receipt of the Notice of Resolution or Settlement whether or not they participate in the action. If any resolution or settlement is determined to be fair, adequate and reasonable to the class as a whole, the resolution/settlement shall bind all members of the class and the agency. A finding of no discrimination is not binding on a class member's individual complaint, but said individual complaint cannot proceed further unless it was filed in a timely manner. If a final Agency decision is issued finding discrimination, it will be binding on all members of the class and on the Agency.
4. The names, addresses and telephone numbers of the class representative:
Constance K. Throckmorton
1 Big Cone Spruce
Littleton, Colorado 80127
If you know of any current or former USGS employee who may be a potential class member, please share this Notice with the individual, and ask him/her to contact the aforementioned class representative for further information.
The law prohibits any employer from retaliating against any of its current or former employees because such employee opposed any practice made unlawful under the Age Discrimination in Employment Act (ADEA), 29 U.S.C. 621 et seq., or for making a charge, testifying, assisting, or participating in any manner in an investigation, proceeding, or lawsuit under the ADEA, or for participating in any stage of the administrative or judicial proceedings under the ADEA.
If you would like a copy of the May 6, 2003, Equal Employment Opportunity Commission's (EEOC) decision certifying the above described class, please contact Barbara Rogers or LaShawn Hackley, Equal Opportunity Assistants, OEO, USGS at 703-648-7770. If you have any questions concerning this notice or need further information, you must contact the class representative at the above-noted address.
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