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Press Release
ADVANCE COPY LIMITED DISTRIBUTION For Release: Wednesday, August 29, 2012 Black Males for Justice at SSA (BMFJ-SSA) P.O. Box 26543 Gwynn Oak, MD 21207-0343

Discrimination Still an Issue for Black Males employed at the Social Security Administration (SSA) Headquarters in Baltimore
The Black Males for Justice at SSA (BMFJ-SSA) organization is concerned about the impact of the Social Security Administrations employment practices and the effect they have on services provided to the American public, given that SSA is currently litigating four class complaints involving protected-class employee groups, two of which involve African American males at SSA Headquarters.

The concern about fairness and equity at SSA Headquarters was first documented over twenty-five (25) years ago in the GAOs 1987 report to the Honorable Parren J. Mitchell (Affirmative Action: Social Security Can Do More to Improve Blacks' Representation in Its Work Force).

A class complaint, Burden, et al.v. Social Security Administration, EEOC No. 120-99-6378X, was settled on April 7, 2003, for more than $6.4 million and required the Agency to fix its discriminatory practices during a four-year oversight period. This complaint covered all Black Males employed at the Baltimore Headquarters offices who on or after January 1, 1987 were not selected or promoted or otherwise subjected to disparate treatment in regard to performance appraisals, awards and bonuses, and disciplinary actions.

Because the discrimination was continuing against Black Males, a second class action complaint (Wilkerson class) was filed in September 2007. In addition, the Burden class filed a motion for enforcement of the settlement agreement, as the Agencys statistics showed that the discriminatory practices had continued. At the Agencys request, the Wilkerson class was immediately stayed from proceeding to class certification until the Equal Employment Opportunity Commission (EEOC) renders a final decision on the violation of the settlement agreement in the Burden case.

On April 28, 2011, the EEOCs Office of Federal Operations (OFO) found that the Social Security Administration breached the 2003 Settlement Agreement in the Burden v. Barnhart class action complaint by failing to correct its awards procedures and distribution of awards based on merit principles. OFO ruled that in order to rectify the Agencys continuing breach of the agreement, it would have to provide monetary relief to class members. In June 2011, the Social Security Administration sought reconsideration of the OFO decision. The matter is still pending before the Commissioners of the EEOC.

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The delays in processing the cases has been prejudicial to the class members, who continue to experience discrimination because they are African-American males, in addition to delaying the important release of Agency information that becomes stale or lost over time. BMFJ-SSA respectfully requests that the Commission expedite a decision in the Burden case so that the Wilkerson case may also proceed. The BMFJ-SSA Board of Directors has developed a Statement of Direction for the Agencys consideration in resolving the outstanding issues with respect to Black Males at SSA Headquarters. This proposed resolution will help free up Agency resources in order to provide needed Social Security services to its customers, along with ensuring current employees serve as true public servants, unencumbered by the employment discrimination that has persisted at SSA Headquarters for decades. While the BMFJ-SSA Boards Statement is not part of the legal proceedings, it does provide a framework for moving forward. The Boards Statement highlights a commitment to work with others who can relate to our cause.

About the BMFJ-SSA The Black Males for Justice at SSA (BMFJ-SSA) organization was formed in 1995 to promote, improve and further the common business interests of African-American (Black) male employees of the Social Security Administration. The organization provided financial support for the services of Kator, Parks and Weiser, P.L.L.C. (class counsel) of Washington, D.C, for the Burden Class Action complaint filed against SSA in the same year. The firm is once again representing the interest of Black Males at SSA in a request for certification of a second class, with the support of the BMFJ-SSA organization. For more information on the BMFJ-SSA organization or the Statement of Direction, contact Maurice Norwood at (410) 298-2332 or P.O. Box 26543, Gwynn Oak, MD 21207-0343

For more information on the SSA Black Male class action complaints contact Cathy Harris or Juliette Niehuss at:

Kator, Parks, & Weiser, P.L.L.C. 1200 18th Street, NW Suite 1000 Washington, D.C. 20036 Phone: (202) 898-4800 Fax: (202) 289-1389