LAS-ELC and MALDEF Reach Historic Settlement with Forest Service on Behalf of Latino Firefighters

On October 18, 2002, U.S. District Judge Claudia Wilken formally approved the settlement of a massive class action employment discrimination case brought by the LAS-ELC and the Mexican American Legal Defense and Educational Fund (MALDEF) on behalf of Latino employees of the California and Pacific island regions of the U.S. Forest Service ("Region 5")--one of its largest units covering the entire state of California. The suit, entitled Brionez v. U.S. Dept. of Agriculture, alleged that for well over a decade, this arm of the Forest Service systematically discriminated against Latino employees and applicants through hiring practices that artificially limited the numbers of Latinos in its workforce. It also alleged that numerous Latino employees who attempted to raise issues of underrepresentation and disparate treatment were harassed and retaliated against for doing so.

The settlement approved by Judge Wilken includes, among other things, a mandate that Region 5 use all means at its disposal, including aggressive outreach and expanded hiring powers outside the federal personnel system, to bring Latino representation in key Forest Service job categories up to par with that in the California civilian labor force. The settlement establishes a minimum period of three years during which the Region's progress toward that goal will be overseen by the Court, the LAS-ELC, and MALDEF with the assistance of a Court-appointed monitor.

"Judge Wilken's approval of the class settlement indicates both that the terms imposed upon the Forest Service are reasonable in light of its history of discrimination, and that searching oversight of the Region's practices for the next several years is critically important," said Christopher Ho, an LAS-ELC senior staff attorney and one of the counsel for the Brionez class. "We are very gratified that the Court has seen the need for strong corrective action, including goals and timetables for progress."

MALDEF cooperating counsel Denise Hulett observed, "The Forest Service needs to better reflect the diverse population it serves. Forestry resources in this state belong to all Californians, and today's agreement ensures that, in the future, Latinos will enjoy a significant stake in regional forestry operations."

Michael J. Brionez, a 27-year Forest Service budget analyst who is the lead plaintiff class representative, noted that only 8.6 percent of the entire Region 5 workforce is comprised of Latinos, even though Latinos made up 24 percent of the state's overall workforce at the time of an earlier agreement in 1990 -- a figure that has certainly increased significantly since then. "This agency does not embrace diversity," Mr. Brionez stated in welcoming the Court's action.

Heller Ehrman White & McAuliffe LLP provided substantial assistance to the LAS-ELC and MALDEF in the negotiations with the U.S. Justice Department and USDA toward crafting a settlement agreement.

News of the settlement received media attention nationwide. To read a sample of newspaper coverage, see Forest Service agrees to hire more Latinos - Lawsuit settlement reached.