Black Agents Can Sue U.S. Secret Service By Frederick H. Lowe

August 11, 2014

Black Agents Can Sue U.S. Secret Service
By Frederick H. Lowe

blacksecretserviceagent
This African-American Secret Service agent is featured on the agency's website
in an announcement claiming "Commitment to Diversity". PHOTO: SecretService.gov

Special to the Trice Edney News Wire from TheNorthStarNews.com

(TriceEdneyWire.com) - A lawsuit filed by current and former African-American U.S. Secret Service Agents can proceed as a class-action, a federal court ruled on Friday after rejecting an appeal by the U.S. Department of Homeland Security to overturn a lower court decision.

The U.S. Secret Service is one of 22 different departments under Homeland Security. The U. S. Secret Service is best-known for protecting the president and fighting counterfeiters.

In the appeal, titled In Re: Jeh Charles Johnson, secretary of the U.S. Department of Homeland Security, Petitioner, government lawyers argued the plaintiffs did not meet the requirements of a class action under Federal Rules of Civil Procedure.

The United States Court of Appeals for the District of Columbia Circuit, however, refused to overturn a District Court decision that certified the case as a class-action.

"We shall not at this time review the order of the district court certifying the class," wrote Senior U.S. Appeals Court Judge Douglas Howard Ginsburg.

Cate Stetson, a Washington D.C. attorney, argued the plaintiffs' appeal. "This is a great victory for the agents and a major defeat for the government," Stetson, told The NorthStar News & Analysis. "The court clearly saw the Secret Service's arguments for what they were ---unsupported theories presented in an effort to further delay resolution of this important case." A trial date has not been set. Last week's decision involved 14 years of litigation.

The 120 agents, who comprise the class, charged in a lawsuit that the Secret Service discriminated against them in pay and promotions because of their race, violations of the Title VII of the 1964 Civil Rights Act and the Civil Rights Act 1991.

"The named plaintiffs in this suit are current and former African-American special agents who bid for but did not receive GS-14 or GS-15 promotions under the MPP or Merit Promotion Plan in the period 1995 to 2005," in an 18-page opinion filed by Judge Ginsburg." They allege both that the Secret Service engaged in a pattern or practice of racial discrimination in making promotions and that the MPP had a disparate impact upon African-American special agents."

Stetson, an attorney with the law firm of Hogan Lovells US LLP., said some African-American special agents were promoted to GS-14 or GS-15, but not as many as there should have been. Stetson is a partner in Hogan Lovells Washington, D.C. office, and she is co-director of the firm's Appellate practice.

"Most were clustered around GS-13 and that is where they hit the ceiling. An agent had to be GS-13 to apply for GS-14," she said.

As of Jan. 1, 2014, a GS-14 with 10 pay grade steps earns $111,203 annually. A GS-15 with 10 pay grade steps earns $130,810 annually, compared to a GS-13 with 10 pay grade steps who earns $94,108 annually.