The U.S. Equal Employment Opportunity Commission
C. Considerations in Requesting a Fairness
Hearing
In class case settlements, it may be appropriate to request
that the court conduct a fairness hearing before it approves the
consent decree. Although there is no requirement that a fairness
hearing be requested in any particular type of case, the district
office should always consider fairness hearings in resolving
class litigation. This section provides guidelines for the
exercise of the Regional Attorney’s discretion regarding
whether to request a fairness hearing.
1. Factors Favoring Fairness
Hearing
The following factors, none of which is dispositive, may weigh
in favor of requesting a fairness hearing:
- There are numerous prospective claimants or classes of
claimants, and/or there has been difficulty locating claimants,
and a fairness hearing would provide the parties with an
additional opportunity to ensure that all prospective claimants
and groups of claimants share in the relief obtained.
- The nature of the formula or formulas used to distribute
the settlement fund is complicated or some other complexity of
the settlement increases the likelihood of mistake or error and
a fairness hearing might help resolve any such issues.
- There is reason to believe that there will be persons who
wish to object to the settlement amount, method of
distribution, or other aspects of the resolution.
- It is important that certain claimants or class members
have an opportunity to have their day in court. This sometimes
occurs where a case has been particularly adversarial or
emotionally charged.
- When for reasons such as controversy associated with the
litigation, it is important for EEOC and/or defendants to have
the court’s stamp of approval given in open court.
2. Factors Weighing Against Fairness
Hearing
The following factors, none of which is dispositive, may weigh
against requesting a fairness hearing:
- EEOC has had contact with each class member and is certain
that each is satisfied with the settlement.
- The class is small and easily identified.
- The relief calculations are simple and without
controversy.
- A fairness hearing would unduly delay distribution of
settlement funds.
This page was last modified on May 18, 2005.
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