FREQUENTLY ASKED QUESTIONS (FAQs)

Background Questions
Settlement Questions
Claims Process Questions

Background Questions
1. Who are the parties in this case?
  1. The Plaintiff in this case is the United States of America. The Department of Justice, 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 28 female correctional officers (“COs”) at Women’s Huron Valley Correctional Facility (“WHV”), the state’s only correctional facility for adult female inmates.
  2. The Defendants in this case are the State of Michigan and the Michigan Department of Corrections (“MDOC”), both of which are public employers. MDOC administers and operates the State of Michigan’s correctional system and employs COs.
2. Who are the Charging Parties? Are they parties in this case?
  1. The Charging Parties are the 28 female COs at WHV who filed charges of employment discrimination with the EEOC between August 2010 and May 2011. The Charging Parties are not parties in this case. Although some of the Charging Parties sought to intervene in this case and become parties, the court denied their motion.
  2. Because the Charging Parties brought this matter to the attention of the United States, they will be entitled to additional money called service awards, which are based on their particular service in bringing this case.
3. What claims did the United States bring against the State of Michigan and MDOC?
  1. In June 2016, the United States filed suit against the State of Michigan and MDOC, alleging that the Defendants engaged in two unlawful employment practices that discriminated against female COs at WHV because of sex in violation of Sections 703(a), 706, and 707 of Title VII of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000e-2(a), 2000e-5(f), and 2000e-6.
  2. Specifically, the United States alleges that Defendants have discriminated on the basis of sex (1) by designating four CO assignments at WHV as “female-only” and (2) by refusing to transfer female COs from WHV to other prisons on the same transfer terms that were applied to male COs.
4. What is the current status of the case?
  1. On June 3, 2021, the court issued an opinion and order granting final approval of the parties’ proposed Settlement Agreement, which settles the United States’ case against the State of Michigan and the Michigan Department of Corrections (“Defendants”).
  2. On December 13, 2021, the court issued an opinion and order approving the parties' proposed Individual Awards Lists, which identify the claimants who are entitled to share in the settlement.
  3. By December 28, 2021, the United States will send a Notice of Individual Award and Acceptance of Individual Award and Release of Claims Form to all claimants entitled to money and/or priority transfer consideration. Claimants must submit Acceptance of Individual Award and Release of Claims Forms by January 27, 2022. By April 28, 2022, Defendants will issue monetary payments to each claimant determined by the court to be entitled to money who timely returned an Acceptance of Individual Award and Release of Claims Form and registered for the State of Michigan SIGMA Vendor Self Service System. By April 16, 2022, Defendants will invite to apply for priority transfer each claimant determined by the Court to be entitled to priority transfer consideration who timely returned an Acceptance of Individual Award and Release of Claims Form.
  4. During this process, it is important that the United States has your current contact information to inform you of next steps or to request additional information. If your address, telephone number, or email address change at any time, you must contact the United States to let us know.
Settlement Questions
1. When was a settlement reached?
  1. The parties reached an agreement in principle to settle this case during a mediation conference before a federal magistrate court at the U.S. District Court for the Eastern District of Michigan on August 17, 2018. At this conference, attorneys for the parties negotiated the terms of the settlement.
  2. On February 18, 2021, the parties filed with the court a proposed Settlement Agreement, which, if approved, will settle this case. On June 2, 2021, the court held a Fairness Hearing to determine whether the terms of the Settlement Agreement are lawful, fair, adequate, reasonable, and consistent with the public interest. The court also heard and considered objections to the terms of the Settlement Agreement. On June 3, 2021, the court issued an opinion and order approving the parties’ proposed Settlement Agreement, which settles this case.
2. What kind of individual relief might I be entitled to under the Settlement Agreement?
  1. Women who have worked as COs at WHV at any time between January 1, 2009, and June 3, 2021, may receive:
  2. Cash awards to make up for some of the pain and suffering and/or emotional distress allegedly suffered as a result of Defendants’ long-term transfer freeze at WHV.
  3. Priority transfers out of WHV to another MDOC facility for up to 15 female COs who currently work at WHV and meet the same conditions required for all other transfer applicants. Preference for the 15 priority transfers will be given to Charging Parties, in order of number of continuous service hours, and then to non-Charging Parties, in order of number of continuous service hours.
  4. Only female COs who wanted to transfer out of WHV, were eligible to transfer, and were harmed by Defendants prohibiting female COs from transferring will be eligible to receive an individual relief award. Female COs who worked at WHV but who did not want to transfer, or who were not eligible to transfer, or who were not harmed by their inability to transfer are not eligible to receive an individual relief award. You may read the eligibility criteria in the Settlement Agreement.
3. Why are the Charging Parties entitled to additional money?
  1. Each Charging Party is entitled to additional money, called a service award, which is based on her particular service in bringing this case. By filing charges of discrimination with the EEOC, the Charging Parties brought this matter to the attention of the United States and led to the filing of this lawsuit.
4. What changes will be made at WHV to remedy Defendants’ alleged discrimination?
  1. As part of the proposed Settlement Agreement, Defendants will take a number of actions to remedy the alleged discrimination at WHV, including:
  2. Lifting the transfer freeze and allowing eligible female COs to transfer out of WHV once WHV reaches a CO vacancy rate for BFOQ-designated positions to be agreed upon by the United States and the Defendants from within a pre-determined range;
  3. Developing and implementing a Title VII-compliant review process for female-only non-housing unit CO assignments, which may result in fewer female-only assignments; and
  4. Developing and implementing recruitment and retention efforts specific to female COs at WHV.
5. When will MDOC lift the transfer freeze at WHV?
  1. MDOC will lift the transfer freeze at WHV once WHV reaches a CO vacancy rate for BFOQ-designated positions of 12%.
6. What kind of recruitment and retention efforts will be put in place at WHV?
  1. Under the Settlement Agreement, MDOC will implement a written recruitment and retention plan focused on ensuring that WHV has adequate female CO staffing. Among the new recruitment efforts are increased advertising specifically targeting a female audience and staffing area recruitment fairs and WHV open houses with recruitment personnel responsible for targeting female recruits. As part of the new retention efforts, MDOC will survey all WHV COs to gauge work conditions and employee concerns and will implement an action plan designed to address the concerns and issues raised in the survey.
7. What additional efforts will be made to remove other female-only CO assignments at WHV?
  1. Many of the female-only designations for non-housing unit CO assignments were lifted at WHV in 2016. Further review of female-only designations of non-housing unit CO assignments is anticipated under the Settlement Agreement.
8. How will the settlement affect mandates?
  1. The Settlement Agreement does not directly address the mandates (required overtime) at WHV, but it is anticipated that fully effectuating the terms of the Settlement Agreement should help reduce excessive mandates at WHV.
9. Did the court approve the parties’ settlement??
  1. On June 2, 2021, the court held a Fairness Hearing to determine whether the terms of the Settlement Agreement in this case are lawful, fair, adequate, reasonable, and consistent with the public interest. The court also heard and considered objections to the terms of the Settlement Agreement.
  2. On June 3, 2021, the court issued an opinion and order granting final approval of the parties’ proposed Settlement Agreement, which settles the United States’ case. For more information, you may access the Notice of Entry of the Settlement Agreement here.
10. Can I hire my own attorney
  1. Yes, you can hire an attorney, if you wish. We cannot provide you with legal advice about hiring an attorney to represent you.
11. What if I did not receive notice of the settlement?
  1. You may obtain the notice materials here. Notice of Entry of the Settlement Agreement is available here.
Claims Process Questions
1. What was the process for considering my claim?
  1. To be considered for an individual relief award in this settlement, you must have already completed and submitted an Interest-in-Relief Form. Submitting the Interest-in-Relief Form does not guarantee that you will receive an individual relief award. But, if you did not complete and submit the Interest-in-Relief Form by the deadline, you will not receive an individual relief award unless you had a very good reason for missing the deadline.
  2. If you submitted an Interest-in-Relief Form, the United States made an initial decision on your eligibility for individual relief based on Defendants’ records of your employment at WHV and your responses on the Interest-in-Relief Form you submitted. The United States sent you notice of the initial decision on your eligibility, and you had an opportunity to object to that decision.
  3. The court made the final decision about whether you are eligible to receive an individual relief award and if so, the amount of money you are entitled to receive and/or whether you are entitled to consideration for a priority transfer. To make this decision, the court held a second fairness hearing, called the Fairness Hearing on Individual Awards, at which the judge considered the objections received. The Fairness Hearing on Individual Awards was held by Zoom videoconference technology on December 3, 2021, at 1:00 pm before the Honorable Paul D. Borman, District Court Judge. Click here to attend the Fairness Hearing by Zoom. After the Fairness Hearing on Individual Awards, the court issued an order identifying the claimants entitled to share in the settlement.
2. Can I participate in the settlement even though the United States did not receive an Interest-in-Relief form from me prior to the April 19, 2021 deadline?
  1. At this point in the process, it is too late for the United States to include you on individual relief award lists. Under the Settlement Agreement, to be considered for an award of individual relief - a cash award and/or consideration for priority transfer out of WHV - you must have completed and submitted an Interest-in-Relief Form to the United States no later than April 19, 2021.
3. Who will receive money and/or priority transfer?
  1. On December 13, 2021, the court issued an order identifying the claimants who are eligible to receive money and priority transfer consideration.
4. Why did the Interest-In-Relief Form ask about discipline?
  1. The Interest-in-Relief Form asked about discipline because discipline impacts your eligibility to transfer under MDOC's policies. To receive an individual relief award in this settlement, you must have wanted to transfer out of WHV, you must have been eligible to transfer at some point during your tenure as a CO, and you have been harmed by the inability to transfer.
5. Why did the Interest-In-Relief Form ask about voluntary transfers to WHV?
  1. The Interest-in-Relief Form asked about voluntary transfers to WHV because voluntary transfers impact your eligibility to transfer under MDOC's policies. To receive an individual relief award in this settlement, you must have wanted to transfer out of WHV, you must have been eligible to transfer at some point during your tenure as a CO, and you must have been harmed by the inability to transfer.
6. Can someone who is deceased receive money?
  1. Even if a woman who worked as a CO at WHV at any time between January 1, 2009, and June 3, 2021, has since passed away, she may still be eligible to receive a cash award. In order to seek money, the deceased CO’s estate or next of kin must have already completed an Interest-in-Relief Form. If the court finds that the deceased CO is entitled to receive money, her estate or next of kin must complete and return an Acceptance of Award and Release of Claims form, and:
  2. For estates under $15,000, submit an Affidavit of Decedent’s Successor for Delivery of Certain Assets Owned by Decedents (which requires the death certificate to be attached);
    
    OR
  3. For estates over $15,000, submit Letters of Authority from the State of Michigan Probate Court.
  4. If you have questions about probate proceedings, 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. Additionally, the Michigan Legal Help Program offers resources at https://michiganlegalhelp.org/self-help-tools/wills-and-life-planning.
7. How will the money be distributed?
  1. The $750,000 will be shared among the 28 Charging Parties and the women found by the court to be eligible for individual monetary relief awards. The 28 Charging Parties will receive service awards, which are based on their particular service in helping the United States bring the case. The remainder of the money will be divided among eligible claimants based on the length of time they worked at WHV during which they were eligible to transfer, wanted to transfer, and were harmed by the transfer freeze. The court’s order identified how much money each eligible claimant is entitled to receive.
8. How much money will I receive in the settlement?
9. The court decided how much money each eligible claimant is entitled to receive. Claimants eligible to receive money will be notified of the amount of their awards by December 28, 2021.
10. The $750,000 will be shared among the 28 Charging Parties and the women found by the court to be eligible for individual monetary relief awards. The 28 Charging Parties will receive service awards, which are based on their particular service in helping the United States bring the case. The remainder of the money will be divided among eligible claimants based on the length of time they worked at WHV during which they were eligible to transfer, wanted to transfer, and were harmed by the transfer freeze.
11. When will I receive my money?
  1. By April 28, 2022, Defendants will issue monetary payments to each claimant determined by the court to be entitled to money who timely returned an Acceptance of Individual Award and Release of Claims Form and registered for the State of Michigan SIGMA Self Service Vendor System.
12. How will the priority transfers be determined?
  1. The court determined who is eligible for consideration for priority transfer. Eligibility for priority transfer consideration does not ensure that you will receive a priority transfer out of WHV. In order to receive a priority transfer, you must meet the same conditions required for all other transfer applicants. Preference for the 15 priority transfers will be given to Charging Parties, in order of number of continuous service hours, and then to non-Charging Parties, in order of number of continuous service hours.
13. When can I apply for a priority transfer?
  1. By April 16, 2022, Defendants will invite to apply for priority transfer those claimants determined by the court to be entitled to priority transfer consideration who timely returned Acceptance of Individual Award and Release of Claims Forms.
14. If I am eligible for priority transfer consideration, when can I expect to actually transfer out of WHV?
  1. We cannot predict at this time when, or if, you will be able to transfer out of WHV as part of the priority transfer process.
  2. Preference for the 15 priority transfers will be given to Charging Parties, in order of number of continuous service hours, and then to non-Charging Parties, in order of number of continuous service hours.
15. How did the United States calculate the amount of my monetary relief award?
  1. Under the settlement, a female CO who worked at WHV at any time between January 1, 2009, and June 3, 2021, is eligible to receive a monetary relief award if she meets all of the following conditions: (1) she wanted to transfer out of WHV; (2) she was eligible to transfer at some time during her tenure as a CO at WHV; (3) she either requested to transfer or would have requested to transfer but for the transfer freeze; and (4) she was harmed by Defendants prohibiting female COs from transferring.
  2. The size of each eligible claimant’s monetary relief award is based on the #2, above: the length of time during her WHV tenure that she worked as a CO and was eligible to transfer out of WHV but was unable to do so because of the transfer freeze. A CO was eligible to transfer from one MDOC facility to another if: (1) she was no longer a probationary employee, that is, if she was no longer in her first year of employment with MDOC; (2) she had no discipline on her record for the preceding two years; and (3) she had not voluntarily transferred within the previous twelve months.
  3. Accordingly, to calculate the length of time each eligible claimant was eligible to transfer during her tenure at WHV as a CO, the United States began with her dates of employment as a CO at WHV (provided by MDOC) and subtracted, as applicable, one year for probation based on her MDOC hire date (provided by MDOC), two years for each incident of discipline identified on her Interest-in-Relief Form, and one year for voluntary transfer based on her WHV start date, if she indicated voluntarily transferring to WHV on her Interest-in-Relief Form. The resulting number of days determined the size of her monetary relief award.
16. Does my monetary relief award amount take into account the extent of harm that I experienced?
  1. No. Although each claimant must have been harmed by her inability to transfer out of WHV in order to be eligible for a monetary relief award, the size of each woman’s monetary relief award does not take into account the extent of harm that she personally experienced. Because every eligible claimant was harmed by the inability to transfer out of WHV, the size of each eligible claimant’s monetary relief award is based on the length of time during her WHV tenure that she worked as a CO and was eligible to transfer out of WHV but was unable to do so because of the transfer freeze.
  2. Factors related to how each claimant was harmed by her inability to transfer out of WHV, such as the length or cost of her commute to WHV and any emotional distress experienced, are not part of this determination.
17. Why is the start date for calculating monetary relief awards January 2009?
  1. The United States’ Amended Complaint in this case alleged discrimination occurring at WHV beginning in 2009. As a result, the settlement provides relief for women who worked at WHV at any time between January 2009 and June 3, 2021, the date on which the court granted final approval of the Parties’ Proposed Settlement Agreement, which settles the United States’ case against Defendants.
18. Why is the amount of time I was eligible to transfer a factor in determining the amount of money I will get?
  1. The monetary relief for which the parties settled aims to compensate claimants for some of the harm that they experienced from the inability to transfer out of WHV. Therefore, the size of your monetary relief award is based on the amount of time you were eligible to transfer out of WHV, but you were unable to do so because of the transfer freeze. The longer a claimant was eligible to transfer out of WHV, the greater her monetary relief award.
19. How did you determine how much time I was eligible to transfer while working at WHV?
  1. Each claimant’s eligibility to transfer during her tenure as a CO at WHV was determined based on a combination of the employment information provided by MDOC, including her MDOC start date and her dates of employment as a CO at WHV, and information provided by the claimant on her Interest-in-Relief Form.
  2. A CO was eligible to transfer from one MDOC facility to another if: (1) she was no longer a probationary employee, that is, if she was no longer in her first year of employment with MDOC; (2) she had no discipline on her record for the preceding two years; and (3) she had not voluntarily transferred within the previous twelve months.
  3. To calculate the number of days each claimant was eligible to transfer during her tenure as a CO at WHV, the United States began with her dates of employment as a CO at WHV and subtracted, as applicable, one year for probation based on her MDOC hire date, two years for each incident of discipline identified on her Interest-in-Relief Form, and one year for voluntary transfer based on her WHV start date, if she indicated voluntarily transferring to WHV on her Interest-in-Relief Form.
20. Why am I being penalized for discipline for refusing a mandate?
  1. Discipline, regardless of the reason for the discipline, impacts your eligibility to transfer under MDOC's policies. The settlement agreement’s treatment of discipline adheres to MDOC’s policies, which do not distinguish between type of discipline.
  2. To receive an individual relief award in this settlement, you must have wanted to transfer out of WHV, you must have requested a transfer or would have requested to transfer if not for the transfer freeze, you must have been eligible to transfer at some point during your tenure as a CO, and you must have been harmed by the inability to transfer. Under the settlement, the length of time you were eligible to transfer while working at WHV is used to determine the size of your monetary relief award. Each incident of discipline that went on your record, including discipline for refusing a mandate, meant that you were ineligible to transfer for the two years following the incident of discipline
21. Why am I being penalized for discipline that is no longer on my record?
  1. If you received discipline while working at WHV during the relevant time period, that discipline is still relevant to your monetary relief award, even though it is no longer on your record because it has been more than two years since you received the discipline.
  2. Under the settlement, the length of time you were eligible to transfer while working at WHV is used to determine the size of your monetary relief award. Each incident of discipline that went on your record, including discipline for refusing a mandate, meant that you were ineligible to transfer for the two years following the incident of discipline.
22. What are “required withholdings?
  1. Under state statute, if you owe a debt to the State of Michigan, that debt is required to be withheld from your monetary award. “Required withholdings” may include money owed to the state for taxes, child support, or unemployment
  2. The amount of money you ultimately receive from this settlement will be the amount of money for which you are eligible, less required withholdings.
23. Is my monetary relief award taxable?
  1. Federal taxes will not be withheld from your monetary relief award, but your monetary relief award is considered taxable income and will be reported as taxable income to the IRS on a Form 1099.
  2. We cannot give you tax advice. If you have tax-related questions regarding your monetary relief award, you may consult with an attorney of your own choosing at your own expense.
24. Why is the amount of money I’m getting “approximate”?
  1. The estimated amount of your monetary relief award may change based on the number of claimants who submit Acceptance of Individual Award and Release of Claims Forms accepting their awards.
25. Will signing this release mean I can’t sue MDOC in the future if I feel like I’m discriminated against?
  1. If you sign the release, you agree not to sue the State of Michigan or MDOC “alleg[ing] discrimination on the basis of sex with respect to the designation of four CO assignments at WHV as ‘female-only’ and the prohibition of female COs from transferring out of WHV since at least 2009, in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e, et seq., that were, or could have been, the subject of the above-described lawsuit, of which I am aware, or through the exercise of reasonable diligence could have been aware.”
  2. 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.
26. 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?
  1. 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 United States’ proposed eligibility determination letter that you previously received because the court has determined that additional claimants are entitled to a share of the monetary settlement in this case.
  2. As explained in the United States’ proposed eligibility determination letter you received, the dollar amount of the monetary award identified in your letter could change depending on the number of people who seek a share of the settlement. 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 United States sent the proposed eligibility determination letters, the amount of each claimant's monetary award was reduced because the total settlement amount is being shared by more claimants.
  3. 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. If you owe a debt to the State of Michigan, however, your ultimate monetary award will be decreased as state law requires that debt to be withheld from your monetary award.
27. Why do I have to register with the State of Michigan SIGMA Vendor Self Service System to collect my individual award?
  1. Defendants will issue monetary awards only through SIGMA. If you do not register with SIGMA, you will not be able to receive any money in the settlement of this case.
28. I’m having trouble registering for SIGMA – can you help?
  1. We can offer a few troubleshooting suggestions:
    1. You must register for SIGMA on a computer; you will not be able to register on a mobile device.
    2. You must register with SIGMA as a vendor.
    3. SIGMA offers a User Guide for New Vendors, as well as FAQs during the registration process, which may assist in answering your questions.
  2. Otherwise, if you have any questions about registering for SIGMA, you can call the State of Michigan SIGMA Support Center at: 888-734-9749 or 517-284-0550 between the hours of 7:00 a.m. – 6:00 p.m., Monday through Friday, or email SIGMA-Vendor@Michigan.gov.
29. Can you confirm that I have registered correctly for SIGMA?
  1. The parties will verify that every claimant who returns an Acceptance of Individual Award and Release of Claims Form has also correctly registered for SIGMA. After the January 27 deadline, a representative of the United States will contact you if there are any issues with your SIGMA registration.
30. Will my information be kept confidential?
  1. All information submitted as part of this case will be maintained and utilized in accordance with applicable federal law, including the Privacy Act of 1974, 5 U.S.C. § 552a, et seq. To the extent any information submitted is protected by the Privacy Act, that information would not be used or disclosed except as permitted under the Privacy Act. No one will file your Social Security Number in any public document.
31. What if I have additional questions?
  1. If you have additional questions, you may contact the Department of Justice by emailing Community.MichiganDOC@usdoj.gov or by calling 1-844-380-6167 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.

Updated June 1, 2023