FBI Gender Discrimination Settlement
Welcome to the FBI Gender Discrimination Settlement webpage. This page is designed to keep class members informed about the class action settlement of Bird, et al. v. Garland, U.S. District Court for the District of Columbia, Case No. 1:19-cv-1581. Below is a summary of the key information regarding the settlement in this case. Please view the Class Action Notice for further details.
Case Background
Plaintiffs Paula Bird, Clare Coetzer, Lauren Rose, Danielle Snider, “D.A.”, “S.B.”, “D.C.”, “P.E.”, “W.M.”, “C.S.”, “L.S.”, “G.T.”, and “T.S.” filed a lawsuit in 2019 claiming that the FBI violated federal anti-discrimination law by discriminating against female New Agent Trainees (“NAT”) when issuing Suitability Notations, initiating Suitability Reviews, referring female NATs for Trainee Reviews Boards (“TRB”) or New Agent Review Boards (“NARB”), and in making dismissal, recycling, and reinstatement decisions. The FBI denies that it did anything wrong. In September 2024, the parties agreed to settle, which means they have reached an agreement to resolve the lawsuit. Both sides want to avoid the risk and expense of further litigation. The settlement is on behalf of the named Plaintiffs who brought the case and all the members of the Settlement Class. The Court has not decided this case in favor of either side.
Settlement Class Definition
If you were a female NAT who received suitability notations and was dismissed from the FBI’s Basic Field Training Course (“BFTC”) (previously New Agent training program) after appearing before a TRB or NARB between April 17, 2015 and August 10, 2024, excluding any individuals whose dismissal was based solely on an honor code violation, or who previously settled their claims with the FBI, you are a part of this class action settlement. Plaintiffs and Defendants have agreed to a list of 34 individuals who make up the members of the Settlement Class. If you received a Class Action Notice, you are part of the settlement and eligible to receive settlement funds. If you are unsure whether you are part of the Settlement Class, please contact paralegal Pamela Macker.
If you are a Class Member, here are your options:
| Options | More information about each option |
| Submit a Claim Form | If you submit a claim form, you may receive a larger payment. You will be bound by the settlement. Claim forms will be due by March 10, 2025 at the earliest (you will be sent another notice once the settlement is approved that will confirm the final deadline to submit a claim form). See the Claim Form under Case Documents for further instructions. |
| Do Nothing | Receive the minimum $50,000 payment. Give up rights resolved by settlement. |
| Opt Out | Get no payment. Allows you to bring another lawsuit against the FBI about the same issues. To opt out of the settlement, you must submit a written, signed statement that you are opting out, postmarked or emailed by December 13, 2024 to: Cohen Milstein Sellers & Toll PLLC Attn: Christine Webber 1100 New York Ave NW, Suite 800 Washington, DC 20005 cwebber@cohenmilstein.com |
| Object | Tell the Court why you don’t like the settlement. To object, you must send a letter that: (1) is postmarked by December 13, 2024; (2) includes your full name, address and telephone number, and email address (if you have one); (3) states the reasons for your objection; (4) says whether either you or your lawyer intend to appear at the final approval hearing and your lawyer’s name; (5) your signature. Mail the letter to: Cohen Milstein Sellers & Toll PLLC Attn: Christine Webber 1100 New York Ave NW, Fifth Floor Washington, DC 20005 cwebber@cohenmilstein.com |
Important Dates
Deadline to Object or Opt Out: Decemer 13, 2024
Deadline to Submit a Claim Form: March 10, 2025 at the earliest (you will be sent another notice once the settlement is approved that will confirm the final deadline to submit a claim form)
Deadline to Submit a Reinstatement Election Form: February 10, 2025 at the earliest (you will be sent another notice once the settlement is approved that will confirm the final deadline to submit a Reinstatement Election form)
Final Approval Hearing: The Court will hold a hearing to decide whether to approve the Settlement. The hearing will be held on January 9, 2025 at 10:30 a.m. EST at the following address:
U.S. District Court for the District of Columbia
333 Constitution Avenue, N.W.
Courtroom 3
Washington, D.C. 20001
Benefits to the Class
Monetary Relief: The FBI has agreed to pay $21,000,000 into a settlement fund. This money includes $19,400,000 to be divided among class members and $2,700,000 will be used to pay for costs and fees if approved by the Court, including the cost of administering this settlement
Reinstatement: The FBI has agreed to offer reinstatement to the BFTC to certain eligible Settlement Class Members as either a NAT or a New Intelligence Analyst Trainee (“NIAT”). You may be eligible to elect reinstatement if you were not dismissed from the New Agent Training Program or BFTC for violations of the Honor Code, FBI Core Values, FBI Standards of Conduct, or other misconduct and if you are able to obtain or maintain a valid Top Secret security clearance. If you are ineligible to elect reinstatement, you will receive a notice informing you of that alongside your Class Action Notice.
Programmatic Relief: As part of the settlement agreement, two industrial-organizational psychologists (“IOP”) agreed to by the parties will review certain policies, processes, procedures, and methods for evaluating trainees at the BFTC and make recommendations on how to improve them.
Class Counsel Contact
Cohen Milstein Sellers & Toll PLLC
Attn: Christine Webber
1100 New York Ave NW, Suite 800
Washington, DC 20005
cwebber@cohenmilstein.com
202-408-4600