IN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF GEORGIA ATLANTA DIVISION Lucy TRUITT, Cathy HOPKINS, Mary DENT, Earnest EDMONDSON, Case No.: 1:15-CV-4295-SCJ-WEJ Nyantakyl Kwasi APPIAH, Vivian BLACKMON, Wanda ELLIS, Cheryl PATTERSON, You must file a Consent to Join Form to join this ADEA Collective Action Plaintiffs, on behalf of themselves and others similarly situated, vs. Atlanta Independent School System A/K/A Atlanta Public Schools (APS. NOTICE OF OPPORTUNITY TO JOIN COLLECTIVE ACTION LAWSUIT AGAINST ATLANTA PUBLIC SCHOOLS To: All current or former teachers of Atlanta Public Schools ( APS who were forty years old or older during the time period of May 9, 2015, through April 5, 2016. Re: Collective action lawsuit against APS for alleged violations of The Age Discrimination in Employment Act ( ADEA. I. INTRODUCTION Enclosed is a consent form allowing you to opt-in (join a lawsuit that has been filed by eight (8 former teachers for APS on behalf of all other teachers who were age 40 and over during the time period of May 9, 2015 through April 5, 2016, and suffered adverse employment action. This is a courtauthorized notice. According to APS s records, you may be eligible to participate in this case because you were a teacher age 40 or over during the time period of May 9, 2015 through April 5, 2016. In order to indicate your intent to become a party in this case, you must complete and return the enclosed consent form to the address below no later than May 1, 2017. The consent form must be postmarked no later than May 1, 2017. A self-addressed stamped envelope is enclosed for convenience. II. DESCRIPTION OF THE LAWSUIT The plaintiffs in this action are eight (8 teachers 40 years old or older who claim they suffered adverse employment action because of their age. They allege that they and other similarly situated teachers age forty and over were subjected to adverse employment action, including but not limited to, harassment, unfair performance evaluations, unfair treatment, denial of promotions or positions, abolishments, non-renewal of contract, terminations, forced resignation, or forced retirement, between Page 1 of 5
May 9, 2015 and April 5, 2016. The class members seek to enjoin APS from continuing any such unlawful practice, as well as to recover lost wages, including benefits and back pay, from the date of the discriminatory acts through the date of trial, punitive damages, all costs of this action, and attorney's fees. APS is the defendant in this action and denies the allegations in Plaintiffs complaint. It is APS's position that it has not discriminated against any of its employees on the basis of age. APS also claims that it has at all times acted in good faith and that it did not violate the Age Discrimination in Employment Act. III. PERSONS ELIGIBLE TO MAKE A CLAIM IN THIS LAWSUIT As a current or former employee of APS, who was forty (40 years of age or older between May 9, 2015, and April 5, 2016, you have been identified as an individual who may be entitled to join this lawsuit. If you were also subjected to an adverse employment action such as harassment, unfair performance evaluations, denial of promotions or lead teaching positions, non-renewal of contract, termination, forced resignation, forced retirement, or abolishment during this time period, you are eligible to make a claim for damages in this lawsuit. IV. HOW TO MAKE A CLAIM IN THIS LAWSUIT If you wish to make a claim and join this case and become a party to this collective action, you must opt in to the lawsuit by completing the Consent to Join form enclosed herewith and returning it by May 1, 2017, the consent form must be postmarked no later than May 1, 2017. It is entirely your own decision whether to join this lawsuit The Court has taken no position in this case regarding the merits of Plaintiff's claims or Defendant's defenses. This notice does not mean you have a valid claim or are entitled to any monetary recovery. Any such determination must still be made by the Court. V. NO RETALIATION PERMITTED Although APS disputes the merits of this case, it recognizes its present and former employees right to pursue these claims in court. Federal law prohibits APS or its agents from discriminating or retaliating against you for opting-in to this lawsuit. APS has given its assurance that you will not be subject to retaliation of any kind by choosing to become a part of this case, and you will not be subject to discrimination in any manner if you choose to exercise your rights under the ADEA. VI. THE LEGAL EFFECT OF JOINING THIS LAWSUIT If you do not return the enclosed consent form by May 1, 2017, you will not be considered part of this action. If you choose to join, you will be bound by any judgment or settlement in this case, whether it is favorable or unfavorable. By opting-in, you designate the named plaintiffs as your agents to make binding decisions on your behalf concerning the litigation, however, we also welcome your input as well into those decisions. Page 2 of 5
You may also be asked to be a witness or to provide evidence in the case, although not all teachers who submit a consent form will be required to do so. If you have questions about the allegations in this case or how to exercise your right to join the case, you are directed to contact the attorneys listed below. Do not contact the Court, the Court's staff, or the Clerk of Court with questions regarding this case. Again, to join this case, you must return the enclosed opt-in consent to join form with a postmark date of no later than May 1, 2017, to: Post Office Box 71314, Marietta, Georgia 30007. A Self-addressed, stamped envelope is enclosed. In the meantime, if you have any questions, please contact us at the phone numbers or emails below: Counsel for Plaintiff If you choose to participate in the Lawsuit and agree to be represented by the named Plaintiffs through their attorneys, your counsel in this case will be James Voyles, Attorney, and Lori Hamilton, Attorney. Alternatively, you may seek to join the Lawsuit and retain counsel of your choice at your own expense. VII. TO STAY OUT OF THIS LAWSUIT If you do not wish to be a part of this lawsuit, you do not need to do anything. If you do not join the lawsuit, you will not be a part of this case in any way and you will not be bound by or affected by the result, whether favorable or unfavorable. James E. Voyles, Esq. 600 Village Trace, Suite 200 Marietta, Georgia 30067 Phone: (770 999-6700 Email: jvoyles@voyleslaw.com Lori Hamilton, Esq. 314 Luiseno Avenue Oceanside, CA 92057 Phone: (404 731-6079 Email: lhamlaw@aol.com Page 3 of 5
IN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF GEORGIA ATLANTA DIVISION Lucy TRUITT, Cathy HOPKINS, Mary DENT, Earnest EDMONDSON, Case No.: 1:15-CV-4295 Nyantakyl Kwasi APPIAH, SCJ-WEJ Vivian BLACKMON, Wanda ELLIS, Cheryl PATTERSON, You must file a Consent to Join Form to join this Plaintiff's, on behalf of themselves ADEA Collective Action and others similarly situated, vs. Atlanta Independent School System A/K/A Atlanta Public Schools (APS. CONSENT TO JOIN FORM I,, consent to opt-in and join the above- captioned collective action, which alleges claims under the Age Discrimination in Employment Act of 1967 ( ADEA. I began my employment with the Atlanta Public Schools on (please provide month and year, and: I am still employed (check if still employed with Atlanta Public Schools; or My employment with the Atlanta Public Schools ended on (Please provide date. My DOB is Page 4 of 5
I was subjected to adverse employment action during the: 2014-15 School Year 2015-16 School Year I agree to be represented in this lawsuit by the named Plaintiffs, Lucy Truitt, et. al., and by their attorneys: James E. Voyles, Esq., 600 Village Trace, Suite 200, Marietta, Georgia 30067; and Lori Hamilton, Esq., 314 Luiseno Avenue, Oceanside, California 92057. Name Address Address Phone Number E-mail Address Date Page 5 of 5