Frequently Asked Questions (FAQs)
Please continue to check our website for updated FAQs.
- Who are the parties in this case?
- What claims did the United States and Plaintiff-COs bring against the Mobile County Sheriff?
- What is the current status of the case?
- When was a settlement reached?
- Did the court approve the parties’ settlement?
- Why are the Plaintiff-COs entitled to money that is separate from the settlement fund?
- What changes will be made at the Metro Jail to remedy the Sheriff’s alleged discrimination?
- What changes will the Metro Jail make to specifically address the inmates’ sexual misconduct?
- When will the Metro Jail make changes to the Jail’s policies and how inmates are disciplined for sexual misconduct?
- Can I hire my own attorney?
- 11. If I submitted an Interest-in-Relief form, how do I know if I will receive an award and how much I will receive?
- Why is the start date for calculating monetary relief awards January 1, 2011?
- When will I receive my money?
- Is my monetary relief award taxable?
- Why does my form say the amount of money I’m getting “may change depending on the number of claimants?”
- Will signing this release mean I can’t sue the Metro Jail in the future if I feel like I’m discriminated against?
- Why is the monetary award that I am being offered in the Acceptance of Individual Award and Release of Claims form lower than the dollar amount stated in the United States’ proposed eligibility determination letter that I previously received?
- Can someone who is deceased receive money? If so, what is the process for doing so?
- What if I have additional questions?
- Who are the parties in this case?
The Plaintiff in this case is the United States of America. The Attorney General, on behalf of the United States, is authorized to bring suit to enforce Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e, et seq. (“Title VII”), against public employers. The United States’ case originated with charges of employment discrimination filed with the Equal Employment Opportunity Commission (“EEOC”) by female corrections officers and corporals (“Plaintiff-COs”) at the Mobile County Metro Jail (“Metro Jail”).
The Plaintiff-COs are 14 female COs and Corporals at the Metro Jail, most of whom filed charges of employment discrimination with the EEOC in 2015. The Plaintiff-COs are not represented by the United States. They are represented by their own attorney. The Plaintiff-COs became parties in this case when they asked the court to intervene and the court granted their motion.
The Defendant in this case is the Mobile County Sheriff, Paul Burch, who serves as a public employer. The Sheriff is responsible for the operations of the Metro Jail and the employees that work at the facility.
Top - What claims did the United States and Plaintiff-COs bring against the Mobile County Sheriff?
In March 2021, the United States filed suit against the Mobile County Sheriff alleging that since at least 2011, female employees who work in the housing units at the Mobile County Metro Jail have been sexually harassed by male inmates. The United States alleged that the inmates’ behavior created a hostile work environment as that term is defined by Title VII of the Civil Rights Act of 1964 and that the Sheriff did not take immediate and appropriate actions to respond to this behavior on the part of male inmates. The Plaintiff-COs made similar allegations in their complaint.
Top - What is the current status of the case?
On September 19, 2023, the Court issued an opinion and order granting final approval of the Settlement Agreement, which settles the United States and Plaintiff-COs’ case against Mobile County Sheriff Paul Burch (“Defendant”).
On July 19, 2024, the court approved the Monetary Relief List, approving monetary awards to 231 eligible claimants, and overruled all objections to preliminary determinations regarding monetary awards.
On July 29, 2024, the Claims Administrator mailed and emailed the following to each Claimant eligible for a monetary award: (1) a Notice of Monetary Award and (2) an Acceptance of Monetary Award and Release of Claims. The Acceptance of Monetary Award and Release of Claims, which can be accessed at https://kccconnect.com/MBU2, will have to be signed and returned before checks can be sent. Each claimant received a login ID and PIN on the Notice she received by mail and email.
September 3, 2024 is the deadline for claimants to submit signed Acceptance of Monetary Award and Release of Claims forms. On December 2, 2024, the Claims Administrator will send via certified U.S. mail monetary award checks to each claimant listed on the Monetary Relief List.
Top - When was a settlement reached?
The parties reached an agreement in principle to settle this case on March 10, 2023 after several mediation sessions with a private mediator. During the mediation sessions, attorneys for the parties negotiated the terms of the settlement.
On April 21, 2023, the parties signed the settlement agreement and asked the court to approve the terms of the settlement agreement. On September 5, 2023, the Court issued an opinion and order approving the terms of the Settlement Agreement. On September 19, 2023, the Court entered the Agreement as final.
Top - Did the court approve the parties’ settlement?
Yes, the court gave final approval to the settlement agreement on September 19, 2023.
Top - Why are the Plaintiff-COs entitled to money that is separate from the settlement fund?
The Plaintiff-COs are parties in this case and are represented by their own attorney. As part of the Settlement Agreement, their attorney negotiated a monetary settlement separate from the settlement fund that the United States will administer to other female employees that worked at the Metro Jail. While the Plaintiff-CO awards are for a set amount, we do not yet know the size of the awards to the other female employees, since it will depend on how many eligible employees submit Interest-in-Relief forms.
Top - What changes will be made at the Metro Jail to remedy the Sheriff’s alleged discrimination?
As part of the Settlement Agreement, the Sheriff will take a number of actions to remedy the alleged discrimination at the Metro Jail. The court will oversee the implementation of these actions for a period of one and a half years after all changes at the Jail required by this Settlement Agreement have been made. These actions will include:
- developing policies to ensure that all inmates and employees are aware of the types of behavior that constitute sexual misconduct and the consequences for engaging in these behaviors;
- conducting training for all inmates and employees to inform them of new policies regarding sexual misconduct and ensure that everyone can utilize the systems to address sexual misconduct; and
- implementing remedial measures, such as a dedicated housing area and a dedicated sexual misconduct coordinator, that will assist in curtailing sexual misconduct towards Jail employees.
- What changes will the Metro Jail make to specifically address the inmates’ sexual misconduct?
Under the terms of the Settlement Agreement, the Sheriff will implement several measures to help address inmates’ sexual misconduct, including:
- Maintaining a Dedicated Housing Area where the Metro Jail will house gunners and those who inappropriately touch Metro Jail employees’ private body parts. See Paragraph 58(a) of the Settlement Agreement for more information about the Dedicated Housing Area.
- Assigning at least three employees to be Disciplinary Hearing Officers (“DHOs”) and providing all of the DHOs with special training on how to review disciplinary narratives, how to investigate employees’ report narratives, how to consistently sentence inmates for sexual misconduct, and how to provide employees with notice of disciplinary report outcomes.
- Designating one of the DHOs as the Inmate Sexual Misconduct DHO. This Inmate Sexual Misconduct DHO will be in charge of monitoring the Metro Jail’s response to inmate sexual misconduct. See Paragraph 58(b) of the Settlement Agreement for more information about the Inmate Sexual Misconduct DHO.
- Reviewing disciplinary reports on inmate sexual misconduct and referring inmates that repeatedly engage in extreme sexual misconduct for criminal charges.
- When will the Metro Jail make changes to the Jail’s policies and how inmates are disciplined for sexual misconduct?
The terms of the Settlement Agreement went into effect in the fall of 2023. From then, the Metro Jail has been making changes throughout the year. These changes will continue into 2025.
Top - Can I hire my own attorney?
Yes, you can hire an attorney, if you wish. We cannot provide you with legal advice about your participation in the Settlement Fund.
Top - 11. If I submitted an Interest-in-Relief form, how do I know if I will receive an award and how much I will receive?
If you submitted an Interest-in-Relief form, in March 2024, the United States sent you a letter via mail and email (if we have an email address for you) with information about whether you were determined eligible for a monetary award, the amount of your proposed award if you would receive one, and information about submitting an objection if you disagreed with our determination. On July 19, 2024, the Court approved the Monetary Relief List, which identifies Claimants only by Claimant ID number, approving monetary awards to 231 eligible claimants. On July 29, 2024, the Claims Administrator mailed and emailed the following to each Claimant eligible for a monetary award: (1) a Notice of Monetary Award and (2) an Acceptance of Monetary Award and Release of Claims.
Top - Why is the start date for calculating monetary relief awards January 1, 2011?
The United States’ Amended Complaint in this case alleged discrimination occurring at the Metro Jail beginning in 2011. As a result, the settlement provides relief for women who worked at the Metro Jail at any time between January 1, 2011 and April 21, 2023, the date on which the parties asked the court to provisionally approve the terms of the settlement agreement.
Top - When will I receive my money?
On December 2, 2024, the Claims Administrator will send via certified U.S. mail monetary award checks to each claimant listed on the Monetary Relief List.
Top - Is my monetary relief award taxable?
We will not withhold federal taxes from your monetary award, and we will issue you a Form 1099.
We cannot give you tax advice. If you have tax-related questions regarding your monetary award, you may consult with an attorney of your own choosing at your own expense.
Top - Why does my form say the amount of money I’m getting “may change depending on the number of claimants?”
The estimated amount of your monetary award may change based on the number of claimants who submit Acceptance of Individual Award and Release of Claims Forms to accept their awards. At this point, the size of your award could increase but will not decrease.
Top - Will signing this release mean I can’t sue the Metro Jail in the future if I feel like I’m discriminated against?
If you sign the release, you agree not to sue the Mobile County Sheriff for claims “based upon a violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. S 2000e, et. seq., arising from the allegations in the United States’ and Plaintiff-Intervenors’ Complaints, that were, or could have been, the subject of the above-described lawsuit.”
If you have further questions about signing the release, representatives for the United States cannot give you legal advice. You may wish to consult with an attorney of your own choosing and at your own expense.
Top - Why is the monetary award that I am being offered in the Acceptance of Individual Award and Release of Claims form lower than the dollar amount stated in the United States’ proposed eligibility determination letter that I previously received?
The monetary award you are being offered in the Acceptance of Individual Award and Release of Claims form is lower than the dollar amount stated in the preliminary determination letter you received because the court has determined that additional claimants are entitled to a share of the settlement in this case.
As explained in the preliminary determination letter you received, the amount of the monetary award identified in your letter could change depending on decisions made by the court at the Fairness Hearing. The amount of money for which you are eligible was calculated by the United States using a formula that divides the total settlement amount among all eligible claimants. Because the court identified more eligible claimants since the time the United States sent the proposed eligibility determination letters, the amount of each claimant's monetary award was reduced to have the total settlement amount shared by more claimants.
The estimated amount of your monetary award may further change based on the number of claimants who submit Acceptance of Individual Award and Release of Claims forms accepting their awards. If there are claimants who are entitled to monetary awards but do not submit Acceptance of Individual Award and Release of Claims forms, you may be entitled to additional money.
Top - Can someone who is deceased receive money? If so, what is the process for doing so?
Individuals who are entitled to act on behalf of a woman who meets the eligibility criteria but is now deceased should contact DOJ.
Top - What if I have additional questions?
If you have additional questions, you may contact the Department of Justice by emailing [email protected] or by calling 844-495-2632 and leaving a detailed message with your full name, telephone number(s), and a time when you can be reached.
Please do not contact the court for information about this case. Court personnel will not be able to answer any questions.
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