When the Court enters an Order granting Final Approval of the Class Settlement, every member of the Class who has not validly exercised their right to opt out of the Settlement will fully and forever release pay and promotion claims based on alleged race discrimination against African American employees by the Kaiser-Related Entities and all other Released Parties as described in the Agreement arising at any time from January 1, 2015 through March 31, 2021, inclusive. When claims are “released” it means that a person covered by the release cannot sue the Kaiser-Related Entities or the Released Parties for these claims.
A brief summary of the claims being released is provided below. The full terms of release are set forth in Section VI of the Settlement Agreement.
Class Members who do not timely opt out will release all of the following claims upon the Effective Date of the Settlement Agreement: Except as to such rights or claims as may be created by this Agreement, each Member of the Settlement Class (including Plaintiffs) who does not properly and timely opt out of this Settlement will be deemed Settlement Class Members under the federal and state discrimination laws invoked in the Action, and will fully release and be deemed to have released and fully and finally resolved, waived, and discharged, for themselves and their attorneys, agents, spouses, heirs, executors, administrators, dependents, successors, and assignees (the “Class Member Releasors”), all claims, demands, causes of action, and liabilities, known and unknown, that they had, have, or may have at any time up through March 31, 2021, under any legal or equitable theory, whether contractual, common-law, or statutory, and whether under federal, state, local, or foreign law against Defendants, any of the organizations participating in the Kaiser Permanente Medical Care Program (“The Program”) (including, but not limited to Kaiser Foundation Health Plan, Inc., Kaiser Foundation Hospitals, The Permanente Medical Group, Inc. and Southern California Permanente Medical Group), and each such entity’s respective affiliates, subsidiaries, parent companies, related companies, partners, officers, directors, managers, servants, agents, employees, former employees, representatives, attorneys, insurers, successors, and assigns, past or present, and all persons acting under, by, through, or in concert with any of them (collectively, the “Released Parties”), based on any facts alleged, or on claims or theories raised or that could have been raised based on facts alleged in this Action, the Complaint, and any prior version of the Complaint filed in this Action relating to race discrimination in pay or promotion, or any alleged denial of equal pay based on race. The rights and claims released (collectively, the “Released Claims”) include: (i) claims for unequal pay based on race, and (ii) claims for disparate treatment and pattern and practice discrimination based on race with respect to all forms of compensation (including but not limited to hourly pay, overtime, premium pay, salary, bonus, and salary grades), raises, job assignments, job code placement, demotions, and denial of promotions, and (iii) claims for disparate impact discrimination based on race with respect to all forms of compensation (including but not limited to hourly pay, overtime, premium pay, salary, bonus, and salary grades), raises, job assignments, job code placement, demotions, and denial of promotions. The Settlement Class shall release all claims and theories that could be pleaded for the facts alleged, including under the following laws and their implementing regulations: (i) Title VII of the Civil Rights Act of 1964, 42 U.S.C. §§2000e, et seq., Executive Order 11246, and 42 U.S.C. § 1981; and (ii) the California Fair Employment and Housing Act, Cal. Gov. Code § 12940 et seq., the California Equal Pay Act, as amended, Cal. Lab. Code §1197.5, the California’s Business & Professions Code §17200, et seq., and the California Private Attorneys General Act of 2004, Cal. Lab. Code §§2698-2699.