Senegal, et al. v. JPMorgan Chase Bank, N.A.Case No. 18-cv-6006
The questions and answers in this section are provided for your convenience, but you should consult the class notice you received, which was authorized by the Court and can also be accessed on this website from the Important Documents page. You may also contact the Claims Administrator or Class Counsel if you have any questions.
The purpose of the mailed Notice was to inform you about the Settlement and the steps you need to take to seek a share of the Settlement Fund or Diversity and Reserve Fund (collectively, the “Settlement Funds”).
To review a copy of the Notice, click here.Back To Top
Plaintiff Jerome Senegal filed a charge of racial discrimination against Chase with the Equal Employment Opportunity Commission (“EEOC”) on February 3, 2017. On August 31, 2018, he filed a Class Action Complaint, along with additional Plaintiffs Erika Williams, Brent Griffin, Amanda Jason, Irvin Nash and Kellie Farrish, alleging that Chase discriminated on the basis of race against African American and/or Black Advisors with respect to branch assignments and various other policies and practices, including those regarding account transfers, job titles, and designations. Together these individuals are called “Named Plaintiffs” because they brought the lawsuit seeking to represent a group (or “Class”) of similarly situated African American and/or Black Advisors. The Named Plaintiffs brought class claims under federal anti-discrimination laws. The Amended Complaint describes all of Plaintiffs’ claims and can be found here. The lawsuit is known as Senegal, et al. v. JPMorgan Chase Bank, N.A., 18-cv-6006 (N.D. Ill.).
Chase denied and continues to deny all of the allegations and claims asserted in this lawsuit, including alleged liability under federal, state, or local anti-discrimination laws, and denies that the Named Plaintiffs or Class Member are entitled to any relief. The Court has not made and will not make any determination on the merits of this matter or decide who is right and who is wrong. By entering into the proposed Settlement, Chase does not admit any wrongdoing.
The Settlement resolves claims of race discrimination and related retaliation in compensation and other terms and conditions of employment, including claims brought or that could have been brought in the lawsuit under Title VII of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000e, et seq., and 42 U.S.C. § 1981, as well as state and local anti-discrimination laws.
The Court has reviewed the Settlement and has approved it as being fair, adequate, and reasonable.Back To Top
You are a member of the Class affected by the Settlement if you fit within this definition:
All African American and/or Black Financial Advisors, Financial Advisor Associates, Senior Financial Advisors, or Private Client Advisors employed by JPMorgan Chase Bank, N.A. or JPMorgan Securities, LLC within Chase Wealth Management at any time between April 13, 2013, and September 12, 2018.
If you received a Notice in a mailing addressed to you, then Chase’s records show that you may be a Class Member, i.e. that you fit the above definition. Individuals who self-identified as “Two or More Races (Not Hispanic or Latino)” will have also received an enclosed Verification Form with their Notice, which will need to be filled out and submitted to the Claims Administrator for them to be considered eligible to participate in the Settlement.Back To Top
Chase has agreed to create a Settlement Fund in the amount of $19.5 million and a Diversity and Reserve Fund in the total amount of $4.5 million. Together, the Settlement Funds will cover payments to Settlement Class Members, Service Awards to the Named Plaintiffs, Class Counsel’s attorneys’ fees and costs, taxes (including the employee’s share of taxes or contributions such as federal and state unemployment taxes, FICA, FUTA, SUTA, and Medicare), and the costs of administering the Settlement Funds, including the costs of notifying the Class. The Diversity and Reserve Fund will also cover the costs of certain diversity programs and initiatives, described below. Chase has also agreed to pay the employer’s share of taxes on the individual awards.
In addition to establishing the Settlement Funds, Chase has agreed to implement various revisions to its policies and practices and to take action designed to enhance opportunities for employment, earnings, and advancement of African American and Black Advisors.
Below is a summary of the actions Chase has agreed to take during the three-year period of this Settlement:
Chase will conduct a review of the branch assignment process for Advisors. The review will analyze the potential correlation between an Advisor’s branch(es) and performance.
Chase will convene one in-person meeting and two meetings by telephone or video-conference each year to explore ideas and initiatives designed with the objective of increasing the number of African American and Black Advisors and increasing African American and Black Advisor productivity and retention.
Chase will make coaching and training available to African American and Black Advisors through the Advancing Black Leaders program. As part of this coaching and training, each African American and Black Advisor will have the opportunity to attend instructor-led sessions focusing on core competencies, including career management, relationship management, and navigating the firm.
Chase will engage a dedicated resource to develop initiatives designed to increase the recruitment of African American and Black Advisors. Chase will provide applicants for open Advisor positions who receive conditional offers with certain data regarding the branch(es) from which they have received offers.
Chase will hold diversity training for all Market Directors, which will include training on the concepts of implicit bias and racial stereotyping. Newly-hired or assigned Market Directors will receive diversity training within 90 days of their hire or assignment. Chase will continue to include managers’ diversity efforts as a component in Chase’s assessment of manager performance.
On an annual basis, Chase will hold regional information meetings for all Advisors to explain the managerial selection process and qualifications, including that all candidates must have the required regulatory licenses.
On an annual basis, Chase will send an email to all Advisors who self-identify in the EEO category “Black or African American” identifying the management coaching and training opportunities available to African American and Black Advisors.
Chase will post all open positions on its internal job posting site.
Coaching regarding the management selection process will be made available to all African American and Black candidates.
Chase will offer to conduct voluntary exit surveys with all departing African American and/or Black Advisors and share the results with the Head of Chase Wealth Management.
Chase will establish a Diversity and Reserve Fund of $4.5 million to fund diversity programs and initiatives and to make certain payments, including the costs of administering the Settlement and monetary awards to certain Class Members. A portion of the Diversity and Reserve Fund in the amount of $1.5 million will be set aside for diversity programs and initiatives. These programs and initiatives will have the goal of enhancing opportunities for employment, earnings, and advancement of African Americans and Blacks at Chase.
Chase will reaffirm its commitment to the prohibition against race discrimination and retaliation.
On an annual basis, Chase will meet with and report to Class Counsel regarding Chase’s compliance with these provisions.
Because the Court has granted final approval of the Settlement, all Class Members who did not opt out of the Settlement (i.e., Settlement Class Members) have released Chase from all claims of race discrimination and race-related retaliation in employment from April 13, 2013, until September 12, 2018, even if they do not submit a Claim Form for a Monetary Award. To “release” a claim means that you cannot sue Chase for any of the claims covered by the release.
If you do not meet the Class definition, you may not participate in the Settlement. As someone who is not a Class Member, any rights you might have to sue Chase separately will not be impacted by this Settlement.Back To Top
Each Settlement Class Member who has not opted out of the Settlement may be eligible for a Monetary Award from the Settlement Funds. In order to receive a Monetary Award, Settlement Class Members must fill out and submit a Claim Form, along with IRS Forms W-4 and W-9.
Settlement Class Members can choose to submit either (1) a Simple Claim Form, in order to get an Expedited Monetary Award, or (2) a Detailed Claim Form, if they want the option of an individualized assessment of their race discrimination claims.
If you self-identified as “Two or More Races,” meet the Class definition, and want to participate in the Settlement, you must complete and submit the Verification Form, in addition to the Claim Form.
All Claim Forms must be received by the Claims Administrator or filed electronically by February 25, 2019.
Class Counsel will be available to assist Settlement Class Members with questions and in the Claims Resolution Process. You may contact Class Counsel at here.
The Simple Claim Form is short and requires limited information.
If you submit the Simple Claim Form and the Claims Administrator receives it by the Claims Submission Deadline, February 25, 2019, you will be issued your Expedited Monetary Award within 45 days of the Claims Submission Deadline.
If you elect to receive an Expedited Monetary Award, your Expedited Monetary Award will be based on the following objective factors: (i) Chase Length of Service, and (ii) period of employment as an Advisor within Chase Wealth Management during the Class Period.
If you complete a Simple Claim Form, you will not receive an individualized assessment of your claim or consideration of your post-Chase wage losses or emotional distress.
The Detailed Claim Form is longer and requires more information about your claims and employment at Chase.
The only way to receive an individualized review of your claims and losses is by timely submitting a Detailed Claim Form. The Detailed Claim Form should be completed in its entirety, including responding to questions seeking evidence of alleged (a) race discrimination, (b) financial losses, and (c) any emotional distress. In order to seek financial recovery for any period after your employment with Chase, you must submit qualified documentary evidence of post-Chase income and work history. In order to seek financial recovery for alleged emotional distress, you must complete the pertinent section of the Detailed Claim Form and may submit any additional documentation you deem appropriate. If you submit a Detailed Claim Form, you will have the opportunity to decide between an Expedited Monetary Award or an individualized assessment of your claims.
If you timely submit a Detailed Claim Form, you will receive an Election Form along with a notice of the amount of the Expedited Monetary Award you would receive based on the objective factors described above in Option A. You must then elect whether to (1) accept the Expedited Monetary Award or (2) proceed to an individualized assessment of your legal claims by one or more qualified Neutrals. Your completed Election Form must be received, or submitted electronically, within 14 days of the date on the Election Form.
If you return the Election Form and elect to accept the Expedited Monetary Award, a check in the amount of the Expedited Monetary Award will be sent to you within 21 days after the Claims Administrator receives the Election Form and all required income tax documents.
If you reject the Expedited Monetary Award and elect for an individualized assessment, you will have an opportunity to meet with a Neutral or Neutrals (independent third parties with substantial training and experience with employment discrimination claims) for up to 75 minutes, by internet videoconference or in person at the Chicago offices of Class Counsel, in order to tell the Neutrals about your experiences at Chase and to answer their questions. If you wish to attend the Interview in person but cannot afford to travel to the Interview, you can submit a request for a travel advance against any Monetary Award.
You are also entitled to have your claim resolved based solely on the Detailed Claim Form.
The Neutral(s) will then assess your claim and recommend a Monetary Award based on all available information and the individual facts and circumstances of your claim, including the information presented in the Detailed Claim Form (including any supporting documents) and during the Interview. There is no guarantee as to the amount of this Monetary Award. You may receive more or less than the Expedited Monetary Award, or you may receive no award, depending on your claim and losses.
Class Counsel will be available to assist Settlement Class Members in the Claims Resolution Process and will ensure an attorney is present at all Interviews. You may also retain your own attorney to assist you in this process, at your own expense. If you file the Detailed Claim Form and elect an individualized assessment, the Neutral(s) may consider any attorneys’ fees you incurred in deciding what Monetary Award, if any, is appropriate.
All Monetary Awards will be reviewed and approved by a Neutral Administrator appointed by the Court to make sure that wards to class members are fair and consistent. You will not have a right to challenge the allocation and distribution of the Settlement Funds determined by the Claims Resolution Process and approved by the Neutral Administrator. All Monetary Awards are final, binding, and non-appealable.Back To Top
If you have questions or need help, you can contact the Claims Administrator or Class Counsel.
You can call the Claims Administrator at 1-877-393-1068 or review case information provided on this website.
You can get free help with the Claims Resolution Process by calling or writing Class Counsel at the contact number/address listed in FAQ 9 below.Back To Top
Yes, any award you receive from the Settlement Funds will have tax consequences for you. The Neutral Administrator will be responsible for allocating any monetary payments appropriately between different types of damages (e.g., wage/non-wage income). The Claims Administrator will be responsible for withholding, remitting, and reporting each Claimant’s share of payroll tax withholding from the Settlement Fund, and for remitting Chase’s share of taxes and costs, including FICA, FUTA, SUTA, and Medicare.
Class Counsel are not tax advisors and cannot give you advice on any tax matters. Class Counsel urge you to consult your tax advisor for answers to any questions you may have about the tax implications of any potential award.Back To Top
As a Class Member, you are represented in this litigation by Class Counsel:
|Linda D. Friedman
Suzanne E. Bish
George S. Robot
Stowell & Friedman, Ltd.
303 W. Madison Street, Suite 2600
Chicago, IL 60606-3395
Settlement Class Members will continue to be represented by Class Counsel in connection with implementation of the Settlement and the Claims Resolution Process at no cost to members of the Settlement Class. Although it is not necessary, you may, if you wish, retain your own attorney at your own expense.Back To Top
If you are a Settlement Class Member and receive a Monetary Award from the Settlement Funds, you will not owe any fees or expenses to the lawyers who have represented you as part of the Settlement Class. To compensate Class Counsel for their services and to reimburse them for the litigation expenses they incurred in this case, the Court has awarded Class Counsel attorneys’ fees and expenses to be paid from the Settlement Fund. If you hire your own attorney, however, you will have to pay him or her at your own expense. Note that if you timely submit a Detailed Claim Form and opt for an individualized review or your claims, the Neutrals may consider any attorneys’ fees you incurred in recommending the amount of your Monetary Award.Back To Top
As a Class Member, you have also been represented in this litigation by Named Plaintiffs Jerome Senegal, Erika Williams, Brent Griffin, Irvin Nash, Amanda Jason, and Kellie Farrish. The Named Plaintiffs may participate in the Settlement claims process just like any other Settlement Class Member. In addition, the Court has granted Service Awards of $150,000.00 for each of the Named Plaintiffs. This recognizes the benefits the Named Plaintiffs achieved for the Class, the risks they faced in bringing the case, and the time they spent pursuing it.Back To Top
If you have further questions or still are not sure whether you are included in the Class, you can get free help by calling the Claims Administrator at 1-877-393-1068 or by calling or writing to Class Counsel in this case at the contact number/address listed above in FAQ 9.
For further information, the complete terms of the Settlement Agreement, the Claim Forms, and numerous other documents connected with the Settlement are available on the Important Documents page.Back To Top
If you believe you are a Class Member but did not receive notice, contact the Claims Administrator immediately to see if you are included on the class list. If you are not included on the class list but believe you are a Class Member, you may petition the Neutral Administrator (through the Claims Administrator), who has the authority to decide whether individuals who are not included on the Settlement Class list qualify for Settlement Class membership. You can get information on submitting a Request for Inclusion by calling the Claims Administrator at 1-877-393-1068 or by calling or writing to Class Counsel at the phone number, email, or address listed above in FAQ 9. You should take action as promptly as possible.Back To Top
According to the Settlement, all claims must be filed and received by February 25, 2019. The Neutral Administrator appointed by the Court to oversee the settlement has the authority to decide whether or not to accept any late claim forms, but only for good cause shown. You may ask the Neutral Administrator to file a late claim through the Claims Administrator. You may contact the Claims Administrator at 1-877-393-1068 or contact Class Counsel using the contact information listed above in FAQ 9. You should take action as promptly as possible.Back To Top
PLEASE DO NOT CALL OR CONTACT THE COURT, THE OFFICE OF THE CLERK OF COURT, OR CHASE WITH QUESTIONS REGARDING THIS SETTLEMENT.