Filed Date: May 18, 2007
Closed Date: June 30, 2009
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On May 18, 2007 a group of African Americans filed suit in the District Court for Massachusetts against their former employer, Banc of America Investment Services, Inc. Plaintiffs alleged a variety of discriminatory practices including disparate treatment, disparate impact, retaliation, and discriminatory practice. The complaint centered on the defendant's practice of assigning black financial advisors to work almost exclusively with black premiere bankers and then assigning these teams to minority communities. These communities were generally less affluent and thus presented fewer opportunities for the black employees to be successful. The result was less income and impeded progress within the company.
The defendant moved for dismissal or in the alternative transfer away from Massachusetts but on September 17, 2008 the district court (Judge Nancy Gertner) denied both motions. The parties engaged in extensive discovery and negotiations. On June 30, 2009 the parties reached a settlement agreement after mediation. The agreement required defendants to pay a sum of $7,200,000. It also provided for injunctive relief: defendant was required to develop and publicize a Non-Discrimination and Anti-Harassment Policy, provide more training, hire a Diversity Monitor, and consult with an Industrial Psychologist about the policy. The case was closed on November 18, 2009 when the district court granted class status and approved the class action settlement.
Summary Authors
Michael Perry (7/15/2010)
For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4273327/parties/turnley-v-banc-of-america-investment-services-inc/
Gertner, Nancy (Massachusetts)
Cohen, Frances S. (Massachusetts)
Hamilton, W. Russell (Massachusetts)
Holden, Jennifer L. (Massachusetts)
Holder, Eric H. Jr. (District of Columbia)
Cohen, Frances S. (Massachusetts)
Hamilton, W. Russell (Massachusetts)
Holden, Jennifer L. (Massachusetts)
Holder, Eric H. Jr. (District of Columbia)
Huvelle, Jeffrey G. (District of Columbia)
Kennedy, J. Patrick (Massachusetts)
Martin, Ralph C. II (Massachusetts)
Mee, Siobhan E. (Massachusetts)
Moran, Michael C. (Massachusetts)
Randall, Donn A. (Massachusetts)
See docket on RECAP: https://www.courtlistener.com/docket/4273327/turnley-v-banc-of-america-investment-services-inc/
Last updated Dec. 18, 2024, 7:16 p.m.
Docket sheet not available via the Clearinghouse.State / Territory: Massachusetts
Case Type(s):
Special Collection(s):
Private Employment Class Actions
Key Dates
Filing Date: May 18, 2007
Closing Date: June 30, 2009
Case Ongoing: No
Plaintiffs
Plaintiff Description:
African American employees
Plaintiff Type(s):
Public Interest Lawyer: No
Filed Pro Se: No
Class Action Sought: Yes
Class Action Outcome: Granted
Defendants
Bank of America (Charlotte), Private Entity/Person
Banc of America Investment Services, Inc. (Plantation), Private Entity/Person
Case Details
Causes of Action:
Title VII (including PDA), 42 U.S.C. § 2000e
Available Documents:
Injunctive (or Injunctive-like) Relief
Outcome
Prevailing Party: Mixed
Nature of Relief:
Injunction / Injunctive-like Settlement
Source of Relief:
Form of Settlement:
Court Approved Settlement or Consent Decree
Content of Injunction:
Develop anti-discrimination policy
Provide antidiscrimination training
Amount Defendant Pays: $7,200,000
Issues
General/Misc.:
Discrimination Area:
Conditions of Employment (including assignment, transfer, hours, working conditions, etc.)
Discrimination Basis:
Affected Race(s):