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On July 17, 1986, the court held that individual hearings
were appropriate to determine the relief for class members. The
court decided that class members were entitled to show that they
were actual victims of discrimination as to any of the vacancies
at State Farm which occurred during the period of liability and
were filled by men.
During June 1980, petitioner Rita E. Hardin (petitioner)
sought employment as a State Farm trainee agent but was deterred
from completing the application process. During 1988, petitioner
became aware of the class action suit against State Farm.
Subsequently, petitioner executed a Final Claim Form and became a
plaintiff in the class action suit against State Farm.4 In
February of 1992, petitioner and State Farm entered into a
"Settlement Agreement and General Release" (settlement
agreement), which provided in relevant part:
1. For and in consideration of the sum of
$190,539.00, and potential additional payments of up to
$18,000.00 as provided in Paragraph 13 below, * * * less all
required payroll deductions applicable to the period of
Trainee Agency, if any, and inclusive of attorneys's [sic]
fees and costs to which * * * [petitioner] Rita Ellen Hardin
or * * * [petitioner's] Counsel is entitled on a prevailing
party basis but excluding attorneys' fees and costs as set
4 Before petitioner filed the Final Claim Form, on or around
Jan. 13, 1988, a Consent Decree Regarding Monetary Relief,
Instatement Relief, and Notice (consent decree) was filed in the
class action suit in which the parties to the class action suit,
inter alia, reached an agreement as to the remedy phase of the
litigation. Section A of exhibit 9 to the consent decree
provides, at par. IV.E.2.c., that "Negotiated Settlements are not
governed by the calculation rules for any of the types of damages
available under this [Consent] Decree."
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