United States of America v. Michigan Department of Corrections et al

Filing 110

OPINION AND ORDER (1) GRANTING 103 JOINT MOTION FOR FINAL ENTRY OF AMENDED PROPOSED INDIVIDUAL AWARDS LISTS ; (2) GRANTING 109 JOINT MOTION TO AMEND PARTIES JOINT MOTION FOR FINAL ENTRY OF AMENDED PROPOSED INDIVIDUAL AWARDS LISTS ; AND (3) SUSTAINING IN PART AND OVERRULING IN PART CLAIMANTS OBJECTIONS Signed by District Judge Paul D. Borman. (DTof)

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IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
____________________________________
UNITED STATES OF AMERICA,
)
)
Plaintiff,
)
)
v.
)
Civil No. 2:16-cv-12146
)
Hon. Paul D. Borman
STATE OF MICHIGAN AND
)
MICHIGAN DEPARTMENT
)
OF CORRECTIONS,
)
)
Defendants.
)
____________________________________)
OPINION AND ORDER
(1) GRANTING JOINT MOTION FOR FINAL ENTRY OF AMENDED
PROPOSED INDIVIDUAL AWARDS LISTS (ECF NO. 103);
(2) GRANTING JOINT MOTION TO AMEND PARTIES’ JOINT MOTION
FOR FINAL ENTRY OF AMENDED PROPOSED INDIVIDUAL AWARDS
LISTS (ECF NO. 109); AND
(3) SUSTAINING IN PART AND OVERRULING IN PART CLAIMANTS’
OBJECTIONS
Plaintiff United States of America commenced this action against Defendants
State of Michigan and Michigan Department of Corrections (collectively, the
“Parties”), alleging that the Defendants engaged in two discriminatory employment
practices in violation of Title VII of the Civil Rights Act of 1964, as amended, 42
U.S.C. § 2000e, et seq. After engaging in extensive formal discovery and lengthy
settlement negotiations, the Parties reached a settlement. On June 3, 2021, following
a fairness hearing, the Court entered as final the Settlement Agreement at ECF No.

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90-1. Now before the Court is the Parties’ Joint Motion for Final Entry of Amended
Proposed Individual Awards Lists (ECF No. 103, Joint Mot. Final Approv.) and the
Parties’ Joint Motion to Amend Parties’ Joint Motion for Final Entry of Amended
Proposed Individual Awards Lists (ECF No. 109, Amended Joint Mot. Final
Approv.). The Court conducted a Fairness Hearing using Zoom videoconference
technology on Friday, December 3, 2021, at which counsel for Plaintiff and
Defendants appeared and spoke. The Court further heard testimony from ten
objectors to the proposed Individual Awards Lists, as well as one Claimant who had
not filed an objection.
Having considered the written submissions and the oral presentations to the
Court at the Fairness Hearing on December 3, 2021, the Court GRANTS the Parties’
Joint Motion for Final Entry of Amended Proposed Individual Awards Lists, and
GRANTS the Parties’ Amended Joint Motion for Final Entry of Amended Proposed
Individual Awards Lists.
I.

FACTUAL AND PROCEDURAL BACKGROUND

Plaintiff United States of America commenced this action against Defendants
State of Michigan and Michigan Department of Corrections (MDOC) on June 13,
2016, under Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. §
2000e, et seq. (Title VII), and filed an amended complaint on July 27, 2016. (ECF
No. 6, Amended Complaint.) The Amended Complaint alleges that Defendants

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engaged in two discriminatory employment practices, in violation of Sections
703(a), 706, and 707 of Title VII, 42 U.S.C. §§ 2000e-2(a), 2000e-5, 2000e-6:
(1) designation of four Non-Housing correctional officer (CO)
assignments (Food Service, Yard, Property Room, and Electronic
Monitor) at Women’s Huron Valley Correctional Facility (WHV)
as “female-only” positions; and
(2) transfer practices that prevented female COs from transferring
from WHV on terms that were applicable to male COs.
(Amended Compl., PageID.40-44.) The United States’ case was based on charges of
discrimination against Defendants that were timely filed with the Equal Employment
Opportunity Commission (EEOC) by 28 Charging Parties. (Id. PageID.30-32.)1
After substantial litigation, including extensive fact and expert discovery, the
Parties reached a settlement, and on June 3, 2021, following a fairness hearing, the
Court entered as final the Parties’ Settlement Agreement at ECF No. 90-1. (ECF No.
96, Opinion and Order.) Under the terms of the Settlement Agreement, Defendants
will pay a total of $750,000 in monetary relief. Most of this money will be distributed
to eligible female COs for alleged emotional injury caused by the transfer freeze. A
portion of that money will be paid to the 28 Charging Parties as service awards for
their help in bringing this case. The service awards will be in addition to the money

1

The “Charging Parties” are the 28 current and former WHV COs who filed charges
of discrimination with the United States Equal Employment Opportunity
Commission alleging that the MDOC had discriminated against them based on sex
because of its overly broad use of female-only work assignments and its transfer
freeze at WHV. (Settlement Agreement ¶ 5, PageID.2230.)
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the Charging Parties are entitled to because of the harms caused by the transfer
freeze. In addition to the monetary awards, Defendant will make 15 priority transfers
of female COs who still work at WHV.
The eligibility criteria for individual relief is set forth in the Settlement
Agreement. Under Paragraph 44 of the Settlement Agreement, a Claimant is eligible
for monetary relief if she satisfies the following factors: (1) she is female; (2) but for
a transfer freeze at WHV, she would have been eligible at any time between 2009
and the entry of the Agreement to transfer from a CO position at WHV to a CO
position at another MDOC facility; (3) she experienced one of the following at any
time between 2009 and the entry of the Agreement: (a) submitted transfer requests
to transfer from WHV but was not permitted to transfer because of the transfer
freeze; or (b) would have submitted transfer requests to transfer from WHV but for
the transfer freeze; and (4) she was harmed by the inability to transfer from WHV
because of the transfer freeze. (Settlement Agreement ¶ 44, PageID.2245-2246.) To
be eligible for priority transfer consideration, Paragraph 45 provides that a Claimant
must satisfy the above criteria and must also be currently assigned to WHV as a CO.
(Id. ¶ 45, PageID.2246.)
The United States determined individual eligibility for relief based on the
information provided by the individual Claimants on the Interest-in-Relief Forms
they submitted, as well as employment information provided by Defendants,

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including dates of employment at WHV and dates of hire by MDOC. The Interestin-Relief Form, including the information it sought from Claimants, was approved
by the Court as part of the Settlement Agreement. (Settlement Agreement,
PageID.2286-2292.) A Claimant was determined to be eligible for relief if: (1) she
indicated on her Interest-in-Relief Form that (a) she wanted to transfer out of WHV;
(b) that the transfer freeze impeded her ability to transfer, either after unsuccessfully
submitting transfer requests or by deterring her from requesting a transfer; and (c)
that she was harmed by the inability to transfer; and (2) if she was eligible to transfer
during at least one day of her tenure at WHV.
The method for determining individual monetary relief awards is also set forth
in the Court-approved Settlement Agreement. As required by Paragraph 72, the
United States’ proposed distribution of the $750,000 settlement fund first allocates
service awards to the twenty-eight Charging Parties, then allocates the remaining
amount of the settlement fund among all Claimants eligible for monetary relief,
taking into account the duration of time each Claimant was eligible to transfer as a
CO while working at WHV. (Settlement Agreement ¶¶ 21-22, 72 PageID.2233,
2256.) To comply with the Settlement Agreement, the United States relied on
information provided on a Claimant’s Interest-in-Relief Form, in combination with
her employment information, to determine the number of days within her CO tenure
during which she would have been eligible to transfer out of WHV but for the

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transfer freeze. A CO was eligible to transfer from one MDOC facility to another if:
she was no longer a probationary employee, that is, she was no longer in her first
year of employment with MDOC; she had no discipline on her record for the
preceding two years; and, she had not voluntarily transferred within the previous
twelve months. The United States determined the amount of monetary relief due to
each eligible Claimant by calculating the proportional value of monetary relief per
day, multiplied by the number of days she was eligible to transfer out of WHV.
Accordingly, those eligible Claimants who were eligible to transfer for the same
duration of time will receive the same monetary relief award.
On September 1, 2021, pursuant to the terms of the Settlement Agreement,
the United States moved the Court to schedule a Fairness Hearing on Individual
Awards to consider the accompanying Proposed Individual Awards Lists. (See ECF
Nos. 97, 97-1, 97-2.) The Proposed Monetary Awards List identified all Claimants
who submitted an Interest-in-Relief Form and whom the United States determined
to be eligible to share in the monetary settlement, as well as the amount of money
the United States determined should be awarded to each Claimant. (See ECF No.
97-1.) The Proposed Priority Transfer Claimant List identified all Claimants whom
the United States determined to be eligible for consideration for priority transfer.
(See ECF No. 97-2.) The Court granted the United States’ motion and scheduled the
Fairness Hearing on Individual Awards for December 3, 2021. (ECF No. 99.)

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After September 1, 2021, an additional eleven Claimants submitted Interestin-Relief Forms, seeking to participate in the settlement. The United States assessed
the eleven Interest-in-Relief Forms and determined that good cause existed to accept
the forms submitted by six of the eleven Claimants. Of the six Claimants with good
cause, the United States determined that four are eligible for the monetary relief
sought. The Parties included these four additional eligible Claimants on the
Amended Proposed Monetary Awards List at ECF No. 103-1.
As required by the terms of the Settlement Agreement, the United States sent
written notification of the United States’ proposed eligibility determinations to all
Claimants, including the eleven with Interest-in-Relief Form submissions after
September 1, 2021. This notification also provided them with an opportunity to
object to their determinations. A Claimant who wished to object to her proposed
eligibility determination was instructed to submit an objection form to the United
States by an identified deadline, which was typically thirty days after written
notification was provided to the Claimant.2
On November 23, 2021, the Parties filed their Joint Motion for Entry of
Amended Proposed Individual Awards Lists. (ECF Nos. 103, 104.) The Parties
reported that 40 Claimants had submitted objections to the United States’ proposed

2

Seven Claimants who submitted Interest-in-Relief Forms significantly after
September 1st and close in time to the instant Joint Motion were given ten days or
fewer to object.
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eligibility determinations. Thirty-nine Claimants submitted objections on or before
their identified objection deadline, while one Claimant submitted her objection after
her identified deadline. The Parties submitted the Claimants’ 40 Objection forms
and supporting documents to the Court, with each objector identified only by her
Claimant ID number, as required by the Settlement Agreement. Fourteen of the 40
objectors requested to speak at the fairness hearing. (ECF Nos. 103-3, 103-4, 104.)
On December 2, 2021, Defendants filed a Notice of Additional Objections
Received, attaching two objections received via electronic mail on December 1,
2021 from one Claimant who had previously submitted an objection that was
addressed in the Parties’ Joint Motion. (ECF No. 106, 106-1, 106-2.)3
On December 3, 2021, the Court held a fairness hearing using Zoom
videoconference technology, at which counsel for Plaintiff and Defendants appeared
and spoke. The Court further heard testimony from ten objectors to the proposed
Individual Awards, as well as testimony from one Claimant who had not previously
filed an objection.
Following the December 3, 2021 fairness hearing, the Parties filed a Joint
Motion to Amend/Correct the Parties’ Joint Motion for Final Entry of Amended

3

On December 3, 2021, this Claimant filed a Motion to Correct Objections (ECF
No. 108), which appears to be a continuation of her objections submitted to the
Parties. The motion is granted and the Court will consider the objections, but finds
that they fail to support this Claimant’s eligibility for relief, and accordingly the
objections are overruled.
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Proposed Individual Awards List, notifying the Court that, after the fairness hearing,
one Claimant submitted an Interest-in-Relief Form seeking to participate in the
Settlement and requesting to receive monetary relief. (ECF No. 109.) The United
States determined that the Claimant had good cause to excuse the late submission
and that she is eligible for the monetary relief sought. (Id.) Accordingly, the Parties
request that the attached Second Amended Proposed Monetary Awards List,
distributing the $750,000 settlement fund to 295 eligible Claimants, replace the
previously-filed Amended Proposed Monetary Awards List, at ECF No. 103-1,
which would have allocated monetary awards to only 294 eligible Claimants.
II.

STANDARD OF REVIEW

Under the terms of the Settlement Agreement, the Court will determine which
objections, if any, are well-founded after the fairness hearing. (Settlement
Agreement ¶ 67, PageID.2254-55.) As explained above, the Court-approved
Settlement Agreement sets forth the eligibility criteria for relief and method of
determining the amount of monetary relief to be awarded. The Settlement
Agreement also specifies the circumstances under which an objection will be
considered well-founded: if a Claimant establishes that “the monetary relief does not
correctly comply with the method for determining monetary relief awards set out in
Paragraphs 44 and 72 or the proposed Priority Transfer relief does not comply with
the standards set out in Paragraph 45.” (Settlement Agreement ¶ 67.)

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III.

ANALYSIS

Following the notice and objection process described above, the Parties
received 40 objections prior to November 23, 2021, as well as two additional
objections by one of the previous objectors before the December 3, 2021 fairness
hearing. In addition, after the fairness hearing, the Parties received one Interest-inRelief Form from a Claimant seeking to participate in the settlement, and the Parties
determined that the Claimant was eligible for the monetary relief sought. The Parties
contend that the objections generally fall within the following five categories.
A.

Objections From Previously Ineligible Claimants Who Establish
That They Are Eligible for Monetary Relief

Fifteen Claimants objected to the United States’ determination that they are
ineligible for monetary relief, and the United States determined that their objections
should be sustained because their objections established that they meet the eligibility
criteria requirements. Specifically, 12 Claimants indicated on their Interest-in-Relief
Forms that they did not want to transfer out of WHV, but they established in their
objections that they did want to transfer out of WHV while they were working there.
(D-6, D-13, D-14, D-17, D-18, D-23, D-31, D-35, D-36, D-37, D-38, D-39, at ECF
Nos. 103-4 and 104.) Accordingly, their objections establish that they are eligible
for relief under the terms of the Settlement Agreement. The Court agrees that these
objections should be sustained, and these Claimants are eligible for monetary relief,
as set forth on the Second Amended Individual Awards List (ECF No. 109-1.)
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Two Claimants indicated on their Interest-in-Relief Forms that they did not
request to transfer out of WHV and that the transfer freeze did not deter them from
seeking to transfer, but established in their objections that they were, in fact, deterred
by the transfer freeze from requesting to transfer. (D-7, D-10 at ECF No. 103-4.)
The Court agrees that these Claimants’ objections establish that they meet the
eligibility requirements set forth in the Settlement Agreement and that the objections
therefore should be sustained, and these two Claimants are eligible for monetary
relief, as set forth on the Second Amended Individual Awards List (ECF No. 1091.)
Finally, one Claimant objects to the United States’ determination that she was
ineligible to transfer because she was a probationary employee during her tenure at
WHV. Her objections, and the documentation she attached, indicate that she was in
fact not on probation during her WHV tenure. (Ex. D-25, at ECF No. 104.)
Defendants have confirmed that this Claimant was not on probation, and thus was
eligible to transfer during her WHV tenure. The Court agrees that this Claimants’
objection should be sustained, and that she is eligible for monetary relief, as set forth
on the Second Amended Individual Awards List (ECF No. 109-1.)
B.

Objections From Ineligible Claimants Who Fail To Establish that
They Are Eligible For Relief

The Parties state that that four Claimants objected to the determination that
they are ineligible for relief, but that their objections fail to establish that they meet
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the eligibility requirements set forth in the Settlement Agreement. (D-2, D-28, D24, D-40 at ECF Nos. 103-4, 104.) The Court agrees. Specifically, one Claimant
objected and claimed that she was eligible to transfer and that her discipline would
be removed from her file, but investigation by Defendants confirmed that the
Claimant was on probation during her entire WHV tenure and thus ineligible to
transfer, and that her discipline also rendered her ineligible to transfer. Another
Claimant contended that her disciplinary record, which rendered her ineligible to
transfer under the Agreement, was “fraudulent,” but the Settlement Agreement does
not provide claimants with an opportunity to re-litigate discipline imposed during
their WHV tenure. A third Claimant indicated on her Interest-in-Relief Form that
she did not want to transfer, did not request to transfer, was not deterred from
transferring, and was not harmed by inability to transfer, and thus she was ineligible
for relief under the terms of the Settlement Agreement. This Claimant’s objection
only suggested that she was complaining that Defendants separated her from state
service in 2012, which does not change the eligibility determination. Finally, one
Claimant, who was determined to be ineligible for priority transfer consideration
because she is not currently employed as a CO at WHV, objected but does not
contend that the United States is incorrect about her employment status. The
Settlement Agreement provides that priority transfer consideration is limited to

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current WHV COs, and thus this Claimant is ineligible for this relief. The Court
agrees that these objections should be, and are, overruled.
C.

Objections From Eligible Claimants Regarding Their Proposed
Monetary Relief Award Determinations

Five Claimants who were deemed eligible for relief nevertheless object to the
amount of the United States’ monetary relief award determinations. (D-1, D-22, D24, D-30, D-34 at ECF Nos. 103-4, 104.) Three of those Claimants objected that
their monetary award determinations were too small, or that the awards otherwise
are not “fair” or “do not feel like justice.” Two other Claimants object that the WHV
tenure dates used to calculate their monetary relief awards are incorrect because the
dates should not include only time worked at WHV or worked as a CO at WHV.
However, these Claimants do not establish that their individual monetary relief
awards do not comply with the terms of the Court-approved Settlement Agreement,
which provides a clear method for determining the amount of the monetary relief
awards, and which expressly allocates monetary relief based on the duration of time
eligible Claimants worked as COs at WHV and were unable to transfer. This Court
previously addressed the individual relief provided by the Settlement Agreement and
found that it is fair and provides substantial relief, and that the monetary relief was
reached as a matter of compromise in this class action. Thus, the Court agrees that
these objections should be and are overruled.

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D.

Objections to the Terms of the Settlement Agreement

The Parties state that seventeen Claimants objected to their individual relief
awards, but that their objections were really objections to the terms of the Settlement
Agreement, which have already been approved by the Court on June 3, 2021. (D-3,
D-4, D-5, D-8, D-11, D-12, D-15, D-16, D-19, D-20, D-21, D-22, D-27, D-29, D30, D-32, D-33 at ECF Nos. 103-4, 104.) Specifically, sixteen Claimants object that
their monetary relief awards do not adequately compensate them for the emotional
and physical injuries they experienced as a result of not being able to transfer out of
WHV, such as difficult working conditions, the impact on their personal lives from
working extremely long hours and having to endure unreasonably long commutes,
loss of time with their family, and wear and tear on their vehicles. As stated above,
the method for determining monetary relief is set forth in the Court-approved
Settlement Agreement, with monetary relief allocated based on the time each eligible
Claimant spent working as a CO at WHV during which she was unable to transfer.
The Settlement Agreement does not include an assessment of the extent of individual
harm each Claimant alleges she experienced. The Court already has found that the
Settlement Agreement is fair, reasonable and adequate, and that, looking at the
totality of the relief provided, that the individual relief provided in that Agreement
is fair and reasonable. See Officers for Justice v. Civil Serv. Comm’n of City & Cnty.
of San Francisco, 688 F.2d 615, 628 (9th Cir. 1982) (“Undoubtedly, the amount of

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the individual shares will be less than what some class members feel they deserve
but, conversely, more than the defendants feel those individuals are entitled to. This
is precisely the stuff from which negotiated settlements are made.”).
One Claimant objects to not receiving a service award in addition to her
monetary relief, but she is not identified as one of the 28 Charging Parties in the
Settlement Agreement who filed charges of discrimination underlying the United
States’ lawsuit and who provided the United States with other assistance during the
litigation. Although this Claimant also filed an EEOC charge against the MDOC
(which was dismissed shortly after filing), this charge was not among the 28 charges
referred by the EEOC, and the Parties represent that she did not assist the United
States during the course of this litigation. Further, this Claimant had an opportunity
to make this objection prior to the June 2021 fairness hearing on the terms of the
Settlement Agreement, which listed the 28 Charging Parties, but she did not.
Another Claimant objects that other claimants who never requested to transfer are
receiving more monetary relief than she is. However, as discussed above, the
Settlement Agreement plainly provides the eligibility criteria for Claimants seeking
monetary relief, as well as the method for determining the amount of that relief.
Finally, one Claimant objects that she is not guaranteed a priority transfer out of
WHV. However, the Settlement Agreement provides that “priority transfer” is “a
remedy to a Claimant that gives the Claimant a priority in consideration for

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transferring from WHV to another MDOC facility.” (Settlement Agreement ¶ 12,
PageID.2231 (emphasis added).) The Settlement Agreement thus does not guarantee
any claimant a priority transfer but rather sets out a process by which Defendants
will evaluate those Claimants determined to be eligible for priority transfer
consideration. Accordingly, these Claimants object to the substance of the already
approved Settlement Agreement, and the Court agrees that these objections should
be, and are, overruled.4
Finally, ten objectors appeared and addressed the Court at the December 2,
2021 Fairness Hearing. An additional Claimant, who had not filed an objection, also
appeared and provided testimony. Those Claimants generally described their
working conditions at WHV, including the extremely long hours they were required
to work, often 16 hours or more a day, and the very long and sometimes dangerous
commutes to work required as a result of their inability to transfer to a different
MDOC facility closer to their home, with the accompanying cost of gas and wear
and tear on their vehicles. They discussed the significant impact this had on their
personal lives, their families’ lives, their personal finances, and on their professional
opportunities. Many complained that the monetary relief offered was wholly
inadequate to compensate them for the harms they suffered as a result of their

4

In addition, two Claimants submitted objection forms that fail to provide any basis
for objecting to their eligibility determinations, and the Court agrees that such
objections should be, and are, overruled.
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inability to transfer out of WHV. As the Court noted in its prior Opinion and Order,
it well notes the significant impact on the Claimants’ lives, but concludes that the
Settlement Agreement best remedies the situations described in the Amended
Complaint. The Court finds that the individual awards set forth in the Second
Amended Proposed Individual Awards List (ECF No. 109-1) and Proposed Priority
Claimant Transfer List (ECF NO. 103-2) are consistent with the terms of that
Settlement Agreement and that they should be entered.
IV.

CONCLUSION

Upon consideration of all of the above, and having conducted an extensive
Fairness Hearing on December 3, 2021, on the Final Entry of the Proposed
Individuals Awards Lists, the Court GRANTS the Parties’ Joint Motion for Final
Entry of Amended Proposed Individual Awards Lists (ECF No. 103) and GRANTS
the Parties’ Joint Motion to Amend Parties’ Joint Motion for Final Entry of
Amended Proposed Individual Awards Lists (ECF No. 109.)
Accordingly, IT IS ORDERED that the Second Amended Proposed
Monetary Awards List (ECF No. 109-1) and Proposed Priority Claimant Transfer
List (ECF No. 103-2) are APPROVED AND ENTERED as final.
SO ORDERED
Date: December 13, 2021

s/Paul D. Borman
PAUL D. BORMAN
United States District Judge

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