BRYAN SCHWARTZ LAW CLIENTS DOERING MEYER AND RYAN GIBSON INDUCTED INTO “CLASS ACTION HALL OF FAME”

BRYAN SCHWARTZ LAW CLIENTS DOERING MEYER AND RYAN GIBSON INDUCTED INTO “CLASS ACTION HALL OF FAME”

State Department Disability Class Action Led to Sweeping Reforms

February 23, 2024

SAN FRANCISCO, CA – Today, Bryan Schwartz Law, P.C.’s lead class agents in the firm’s longest-running case, Doering Meyer and Ryan Gibson, D.Sc., were inducted into the Impact Fund Class Action Hall of Fame after their 17-year struggle for disability rights in the State Department prevailed. In 2023, the Oakland-based law firm and the State Department announced a $37.5 million-dollar settlement to end the class action, which paid over $100,000/net per class member. The hard-won resolution was accompanied by major reforms to the agency’s medical clearance process. Disapproved medical clearances resulted in hundreds of worthy Foreign Service Officers being denied and delayed opportunities for careers representing their country abroad. Read about it here.

“Doering Meyer and Ryan Gibson deserve this great honor,” said firm principal Bryan Schwartz, “because it took immense courage to stick with this cause year after year, through many motions to dismiss, appeals, and every other tactic the government used to try to kill the case.” He added, “In the end, it is only with Doering’s and Ryan’s resolve that we were able to achieve such a great victory for workers with disabilities, opening this prestigious Foreign Service career path to countless Americans. It is my honor every day to represent Doering, Ryan, and other brave plaintiffs who stick their necks out to make this country better and provide opportunities for us all.”

Dr. Gibson, addressing the Impact Fund annual conference upon receiving the honor, said, “Even though we were able to right some of the wrongs we all experienced as a class, no employer should have the ability to prevent an individual from reaching or exceeding their potential, to wipe away dreams, or withhold a priceless experience. Collectively, we positively impacted the future workforce for the US DOS and I am extremely thankful.”

Ms. Meyer, who began the class action in 2006 with Mr. Schwartz, could not attend the award ceremony because she continues to serve as a Foreign Service officer, currently posted in N’Djamena, Chad, in north-central Africa. She was eventually able to begin her career only after she received a rare waiver of the worldwide availability requirement. “Others should never give up when they encounter the injustice of discrimination,” Ms. Meyer said. “I am thankful for the blessings of heroes who stood by me in this battle against injustice, and in particular, the excellent legal representation and Bryan’s unfaltering belief in the eventual outcome.  The late Dr. Martin Luther King, Jr. stated, ‘The arc of the moral universe is long, but it bends towards justice.’” Ms. Meyer’s full comments are included below.

The Impact Fund is a leading non-profit providing grants, advocacy, and education to support impact litigation on behalf of communities seeking economic, environmental, racial, and social justice. The organization created the Class Action Hall of Fame in 2016 to honor the courage and sacrifice of named plaintiffs whose commitment and determination has led to significant advances in economic, environmental, racial, and social justice.

For more than 15 years, Bryan Schwartz Law has dedicated itself to continuing the struggle for civil rights and equal employment opportunity, helping Americans from every background to achieve their highest career potential, recovering tens of millions of dollars for tens of thousands of workers. The firm focuses on individual, class, and collective actions involving discrimination and retaliation, harassment, denied disability accommodations, whistleblower reprisal, wage and hour violations, federal employees’ rights, and severance negotiations. www.bryanschwartzlaw.com

Doering Meyer’s Full Statement:

In 2006, the State Department denied me the Class 1 medical clearance necessary to begin a position with the Foreign Service. The agency’s only reason was my “diagnosed neurological condition,” based on my 1994 multiple sclerosis (MS) diagnosis.  They did not consider whether my MS would affect my ability to perform the essential functions of a Foreign Service Officer, but rather thwarted my career based on stereotypes about MS.  Shortly after my denied clearance, with Bryan’s help, I filed an EEO claim and a waiver request for a limited medical clearance. This was granted, but limited where I could be assigned.  From 2006 until this settlement, the agency made only one attempt to resolve the case; that offer was early on and did not even cover lost wages, much less the attorney’s fees and other out-of-pocket expenses I had incurred.  After I was finally offered a Foreign Service position in late 2008, I decided to keep fighting the injustice so others would not experience the same discrimination.

One of my proudest accomplishments has been keeping my MS into remission over many decades.  At the time I was denied a position, my MS had been in remission for almost a decade.  Despite three doctors who deemed me worldwide available after thorough examinations, I was summarily dismissed based on MS stereotypes. It was devastating on many levels. State essentially told me my accomplishment meant nothing and because I had a disease I did nothing to bring on, I was worthless. Moreover, in direct violation of the law, no review was done to determine if I even needed an accommodation to do the job.  Instead, I was labeled with stereotypical, vague textbook what-ifs. In defiance of those stereotypes, I now serve in N’Djamena, Chad in the middle of the Sahel, which is my second hardship post since my clearance was upgraded to a Class 1.

The State Department flouted the Rehabilitation Act, which requires the agency to determine whether someone can do the job with reasonable accommodations.  I did not need accommodation, except possibly air conditioning, something already provided by State. Despite this, my medical clearance was rejected outright.  Most people lose their opportunity to pursue justice because they are not aware of the narrow 45-day window to file an EEO claim. I was extremely lucky to connect with Bryan, because he had the moral conviction to take on my case when many other attorneys declined.

At times, fighting for my basic rights was demoralizing as State filed many motions to try to dismiss my case, before and after it became a class action– motions which the EEO Commission repeatedly denied.  But these victories bolstered my conviction. Although during the course of this lawsuit, there were times I wanted to quit, Bryan cheered me on, pointing out my responsibility to the Class and reassuring me of his undying belief that we would prevail.

When I learned an acceptable settlement had been reached, I vacillated between laughing and crying while I danced around my living room. Dancing is something I would not have been able to do had I let MS beat me down.  Only now, almost a year later, am I beginning to realize how much stress this lawsuit caused me. With each day that passes, I feel able to reclaim lost parts of myself, peeling away the layers of shame piled upon me, from State’s initial rejection of me as not “good enough” because I have MS, to their 17 year refusal to fix an outdated policy. I suspect it will be many years, if ever, before I fully recover from the damage the discrimination did to my core sense of self.

Soon, I will reach the age limit when foreign service officers must retire. Perhaps I will write about my experience as Alison Palmer did after her 37 year fight for gender equality at State. Others should never give up when they encounter the injustice of discrimination. I am thankful for the blessings of heroes who stood by me in this battle against injustice, and in particular, the excellent legal representation and Bryan’s unfaltering belief in the eventual outcome.  The late Dr. Martin Luther King, Jr. stated, “The arc of the moral universe is long, but it bends towards justice.”