A group of long-serving African American employees from a federal law enforcement agency have filed a class action lawsuit alleging that they were systematically denied opportunities for promotion to senior management positions due to their race. The complaint was filed on November 29, 2023, in the United States District Court for the District of Columbia by Michael Parks, Chad Sutton, Dr. Sukeena Stephens, and Freeman Jordan against Alejandro Mayorkas, Secretary of the Department of Homeland Security.
According to the filing, the plaintiffs are current and former members of the Federal Air Marshal Service (FAMS), which operates under the Transportation Security Administration (TSA). They claim that an ongoing pattern and culture of race discrimination has prevented qualified African American air marshals from advancing into upper management roles. The complaint states that “at TSA, promotional decisions are made by a small group of executive leaders who are almost exclusively white men,” and alleges that these leaders rely on arbitrary decision-making to favor certain candidates while excluding African Americans.
The lawsuit outlines how promotional processes within FAMS differ from those in other federal agencies. Unlike many federal entities subject to standardized procedures set out in Title 5 of the U.S. Code, TSA and FAMS use their own internal systems for promotions. For senior positions—referred to as ‘K band’ jobs—the process involves subjective selection by officials without clear guidelines or standards. The plaintiffs argue that this lack of transparency allows bias to influence outcomes: “There is no guideline, standard, or rule that constrains the selecting official… The process is completely opaque but very consistent in weeding out African American applicants.” Data cited in the complaint shows that out of 59 K band law enforcement jobs at FAMS, only 10 are held by African Americans.
Each plaintiff describes repeated attempts at promotion over years or decades with little success despite strong qualifications and positive performance reviews. For example, Michael Parks reports applying for at least 50 K band positions during his career but being denied each time; Chad Sutton states he applied for more than 15 such roles; Dr. Sukeena Stephens claims nearly 25 applications; and Freeman Jordan details eight applications for senior posts—all unsuccessful. In several instances described in detail within the complaint, white candidates with less experience were selected instead.
The filing also includes declarations from former FAMS officials who observed discriminatory patterns within TSA’s promotion system. One former Assistant Deputy Director noted there were no Black supervisors in major field offices and described what he called a “quota” system limiting how many African Americans could be promoted at any given time: “TSA’s culture was to have a quota of African Americans in SAC positions… once that quota was met all other K band and Senior Executive positions were foreclosed from African Americans.” Other declarations reference similar experiences or observations.
The plaintiffs bring their claims under Title VII of the Civil Rights Act of 1964 as amended (42 U.S.C. § 2000e et seq.), asserting both disparate impact and disparate treatment based on race regarding competitive promotions to K band positions. They seek certification as representatives for a class defined as all current and former African American TSA employees who are part of FAMS and have been denied—or may be denied—promotion opportunities due to these alleged practices.
The relief sought includes:
– A declaratory judgment finding that defendant’s conduct violated civil rights statutes;
– A permanent injunction barring further discriminatory practices;
– Orders requiring affirmative steps to remedy past effects and prevent future occurrences;
– Compensatory damages for emotional distress and lost employment benefits;
– Financial damages including back pay, front pay, retirement payments, out-of-pocket expenses;
– Attorneys’ fees and costs;
– Pre-judgment and post-judgment interest;
– Any other relief deemed just by the court.
Attorneys representing the plaintiffs include Pamela Keith and Scott M. Lempert from Center for Employment Justice LLC (Washington DC) as well as Jeffrey T. Schrameck from Schrameck Law PLLC (Canton MI). The case number is 1:26-cv-00863-LMB-WEF.
Source: 126cv00863_Parks_v_Mayorkas_Complaint_Western_District_Virginia.pdf
