For Immediate Release
Thursday, November 08, 2001
First Class-Action Lawsuit Under the Congressional Accountability Act Is Settled
Justice Prevails for AFSCME Members
Washington, DC —A four-year struggle for equity and justice finally draws to a close for more than 300 current and former female custodial workers employed by the Architect of the Capitol (AOC) and represented by Council 26 of the American Federation of State, County and Municipal Employees, AFL-CIO.
U. S. District Judge Emmett Sullivan gave final court approval of a settlement resulting from a pay equity lawsuit filed against the AOC in July 1997 by a group of African-American female custodians on Capitol Hill. The suit is the first class-action lawsuit filed under the Congressional Accountability Act. The act applies 11 existing employment, civil rights, health, and safety-related statutes and regulations to the legislative branch, insuring that the same laws that apply to average workers, apply to congressional employees.
The lawsuit, alleging violations of the Congressional Accountability Act's (CAA) provisions pertaining to the Equal Pay Act and Title VII of the Civil Rights Act, charges the female custodial workers were paid significantly less than their male co-workers for performing essentially the same work. The highest paid female custodial worker earned $10.08 per hour, while the highest paid male laborer earned $11.10 per hour.
"It has been a difficult four years for these courageous women. They have endured intimidation, retaliation and reprisal for standing up for equality and fairness in the workplace," said AFSCME President Gerald W. McEntee. "They have fought with grace and dignity and are very deserving of the settlement that has been reached."
Under the settlement reached in the case, women and men working as custodians/laborers will now earn the same pay. The monetary value of the settlement exceeds $2.5 million. Current employees will receive an upgrade and a lump sum payment. Retiring employees, as well as employees who left or retired and estates of employees who died before April 2001 will also receive lump sum payments. All class members will have their monthly retirement payments increased effective for service after January 23, 1996, the effective date of the Congressional Accountability Act. The agreement also provides for the government to pay attorney's fees and costs of class counsel.
"Today's settlement shows that everyone must abide by the laws that govern our country, even those who are charged with the responsibility of making them," said Patricia Harris, lead plaintiff in the AOC case. "We hope that our victory will serve as an example for other women who are seeking equity in the workplace."
The firm of Beins, Axelrod, & Kraft, P.C represented the plaintiffs.
