Sun Sentinel Broward Edition

Merrill Lynch settles race bias suit for $ 160M

- By Amanda Becker

WASHINGTON — Brokerage firm Merrill Lynch has agreed to pay $ 160 million to settle a class- action race discrimina­tion lawsuit brought by a longtime employee, an attorney for the plaintiffs confirmed Wednesday.

More than 1,200 current and former Merrill Lynch employees could be eligible to take part in the settlement, one of the largest sums obtained from an employer in a race bias lawsuit.

Since the lawsuit was filed in 2005, Merrill Lynch was acquired by Bank of America, where it is now the bank’s wealth management unit.

“We are working toward a very positive resolution of a lawsuit filed in 2005 and enhancing opportunit­ies for African- American financial advisers,” Bank of America spokesman Bill Halldin said.

Lead plaintiff George McReynolds, a black broker who has worked for Merrill Lynch for 30 years, sued his employer, saying it had a segregated workforce, including policies that steered black brokers into clerical positions and reassigned their accounts to white workers.

At the time McReynolds filed the lawsuit, 2 percent of the brokers at Merrill Lynch were black, despite a 30- year- old consent decree the brokerage had signed with the U. S. Equal Employment Opportunit­y Commission that required it to increase its proportion of black brokers to 6.5 percent.

Office mangers resisted McReynolds’ attempts to recruit and retain diverse candidates and forced him into a partnershi­p with a “white rookie” that was “highly detrimenta­l” to his career, McReynolds said.

McReynolds suffered a series of early setbacks in bringing the lawsuit.

The federal judge in Chicago handling the case denied a motion to certify it as a class action, a ruling that was affirmed by the 7thU. S. Circuit Court of Appeals and the U. S. Supreme Court.

Attorneys representi­ng McReynolds, from the Chicago law firm Stowell & Friedman, tried again after the high court’s 2011 ruling in Wal- Mart Stores v. Betty Dukes.

Though the justices in that case said the Wal- Mart workers bringing a gender discrimina­tion lawsuit against the retailer could not move forward as a class, Stowell & Friedman’s Suzanne Bish said she and her partners sawan opportunit­y to differenti­ate the Merrill Lynch matter.

“Factually, our case was much different,” Bish said. “We read the Wal- Mart decision, and our legal team said, ‘ Hey, we have to go back to the court.’ ”

Seventh Circuit Judge Richard Posner agreed, citing Wal- Mart v. Dukes in his decision to certify a class of current and former Merrill Lynch brokers. The Supreme Court declined to hear the brokerage’s appeal of that decision, leaving Posner’s determinat­ion intact.

 ?? JEFF ADKINS/ PHOTO FOR TRIBUNE NEWSPAPERS ?? A 2005 class- action lawsuit filed by George McReynolds, a black broker who has worked for Merrill Lynch for 30 years, alleged that the brokerage had a segregated workforce.
JEFF ADKINS/ PHOTO FOR TRIBUNE NEWSPAPERS A 2005 class- action lawsuit filed by George McReynolds, a black broker who has worked for Merrill Lynch for 30 years, alleged that the brokerage had a segregated workforce.

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