FAQs

How do I know if I am the subject of race discrimination?

Equal employment opportunity cannot be denied any person because of his/her racial group or perceived racial group, his/her race-linked characteristics (e.g., hair texture, color, facial features), or because of his/her marriage to or association with someone of a particular race or color. The law also prohibits employment decisions based on stereotypes and assumptions about abilities, traits, or the performance of individuals of certain racial groups. Title VII's prohibitions apply regardless of whether the discrimination is directed at Whites, Blacks, Asians, Latinos, Arabs, Native Americans, Native Hawaiians and Pacific Islanders, multi-racial individuals, or persons of any other race, color, or ethnicity.

It is unlawful to discriminate against any individual in regard to recruiting, hiring and promotion, transfer, work assignments, performance measurements, the work environment, job training, discipline and discharge, wages and benefits, or any other term, condition, or privilege of employment. The law prohibits not only intentional discrimination, but also neutral job policies that disproportionately affect persons of a certain race or color and that are not related to the job and the needs of the business.

How do I know if I am a member of the prospective Class in the Bank of America race discrimination class action? 

If you are an African-American person who was or still is employed as a financial advisor or premier banker by Bank of America, N.A. (“BOA”) or Banc of America Investment Services, Inc. (“BAI”) in the United States of America at any time from April 1, 2003 to the present (the “Class Period”), and believe you have experienced any form of race discrimination in connection with business opportunities, compensation, promotion, and other terms and conditions of employment, you may be eligible to become part of the class of individuals seeking injunctive, declaratory and other relief to redress BOA’s and BAI’s unlawful conduct. 

The attorneys involved in the case can quickly investigate the facts and advise you as to whether you have a viable race discrimination claim.  Their contact information can be found here.

If I am or was not a financial advisor or premier banker at BOA but was employed in another capacity and believe I may have been the subject of discrimination, could I still have a claim?

Yes, depending on a variety of factors including when you were employed and the nature of your employment.  Your claim may or may not become part of this class action. Please contact us for further evaluation.

If I am not an African-American but believe I was the subject of racial discrimination could I still have a claim?

Yes, depending on your individual facts.  Please contact us for further evaluation.

What is a class action?

A class action is a type of lawsuit that allows a representative or named plaintiff to sue a defendant or defendants on behalf of other people (the "Class") who have suffered the same type of harm.  A class action is filed when, among other reasons, the issues in a case apply to so many people that it is not practical for all of them to file their own individual actions. 

What does it cost to bring a race discrimination action?

Bernstein Litowitz Berger & Grossmann LLP and Major Khan LLC prosecute all of their employment discrimination cases on a contingency basis.  Accordingly, all costs and expenses of the litigation are advanced by Bernstein Litowitz Berger & Grossmann LLP and Major Khan LLC.  Attorneys’ fees are received only if we are successful in obtaining a recovery for the employee.

How long does it take for a race discrimination case to be resolved?

It varies.  Some cases settle shortly after the action is brought, and some cases may be litigated for years and eventually go to trial.  Bernstein Litowitz Berger & Grossmann LLP and Major Khan LLC aggressively prosecute their cases and seek to move them along as quickly as possible.

What damages are available in a race discrimination case?

An employee may recover damages for back pay, front pay, prejudgment interest and lost benefits.  An employee's recovery may also include compensatory damages for non-monetary losses such as emotional pain, inconvenience, mental anguish and loss of enjoyment of life.  If the employer's actions were particularly egregious, an employee may be entitled to punitive damages.  For example, under Title VII of the Civil Rights Act of 1991, an employee may recover up to $300,000 in compensatory damages and punitive damages, in addition to damages for monetary losses such as back pay, front pay, prejudgment interest and benefits.