By
The Associated Press
WASHINGTON - A federal judge approved a settlement yesterday between the FBI and black agents who complained of racial discrimination in promotions.
The settlement calls for the FBI to establish a new promotions system by 2003. Black agents alleged that under the old system, they were unable to get supervisory jobs.
Under the agreement approved by U.S. District Judge Thomas Hogan, black agents who believe their careers have been harmed can take their cases to an outside mediator and, if they prevail, can win back pay, attorney's fees and up to $300,000 in compensatory damages.
"To avoid expensive and protracted litigation, the parties agreed that the FBI would provide class members who had pending raced-based ... claims that are based on certain promotions, discipline or performance appraisals with an opportunity to elect an alternative review of such claims," said government lawyers representing the FBI in a court filing describing the settlement agreement.
The settlement comes eight years after the FBI first agreed to change its personnel practices, following a 1991 lawsuit filed by black agents who alleged that the bureau's system of evaluating agents for promotions was discriminatory.
The FBI had until 1998 to enact the changes, but did not meet the deadline. The agents asked a judge to reopen the settlement agreement.
The original settlement also called for a new disciplinary system and a new performance appraisal system. The FBI missed the first deadline for making those changes but has since revamped its practices, said David Shaffer, attorney for the agents.
"We feel very positive now that the FBI is going to be reformed," said Shaffer.
Outside mediators will be chosen jointly by the agents and the FBI, said Shaffer.
The FBI was preparing a statement about the settlement, said an official in the FBI's the press office.
The suit was first brought on behalf of 500 agents.
