Turner Class Action: Who’s Covered, Allegations, and Next Steps

The Turner class action is a federal employment discrimination case brought by Bureau of Prisons employees who say they were denied promotions in retaliation for filing or participating in EEO complaints. Formally captioned Dennis R. Turner, et al., v. Eric Holder, Attorney General, Department of Justice-BOP, it has been pending before the Equal Employment Opportunity Commission since the late 1990s, was certified as a class in 2010, and remains undecided as of mid-2026.¹

Who Is Covered by the Class

The class includes Bureau of Prisons employees who were denied promotions on or after January 1, 1994, based on what the complaint describes as a “policy or pattern and practice of retaliating against employees because they engaged in protected Title VII EEO activity.” Because the theory of the case is that a broader “atmosphere of retaliation” may have deterred employees from filing complaints in the first place, the EEOC directed that notice go to all current and former BOP employees since 1994, a group the agency estimated at roughly 60,000 people. Formal class notice was issued on March 21, 2016.¹

In 2011, lead class counsel John Mosby said “well over 2,000” current and former BOP employees had sought to be included.² Under federal sector class action rules, employees who fall within the class definition cannot opt out, though they are not required to actively participate or file individual claims to remain covered.³

What the Case Alleges

The core allegation is that the Bureau of Prisons retaliated against employees who used the EEO process, particularly by denying them promotions. On September 30, 2010, EEOC Administrative Judge Nancy A. Weeks certified the case as a class action, finding it met the requirements of numerosity, commonality, typicality, and adequacy of representation. The BOP challenged certification, and it was affirmed on appeal.²

A separate EEOC evaluation of the Bureau of Prisons, completed in November 2010, found conditions consistent with the class complaint. After surveying about 35,000 BOP employees, the EEOC reported “widespread fear of retaliation” and stated that “the vast majority of BOP non-supervisory employees interviewed reported an atmosphere of overall retaliation by management.” Employees said they were treated as “troublemakers” for using the EEO process, and some reported avoiding EEOC investigators for fear of being placed on what they called “the list.”⁴

The numbers were also unusual. In fiscal year 2003, nearly two-thirds of BOP EEO complaints included retaliation allegations, compared with roughly 40 percent government-wide.⁴ The evaluation also found the BOP’s internal EEO office was in “clear violation” of federal regulations because it reported to the Office of General Counsel rather than directly to the agency head.⁵

Where the Case Stands Now

As of mid-2026, the Turner case remains in Stage One of the federal sector class process, the phase in which an Administrative Judge decides whether the BOP engaged in class-wide discrimination. Hearings were completed and all parties submitted closing arguments by December 19, 2025. Twelve days later, on December 31, 2025, the assigned Administrative Judge retired without issuing a decision. The EEOC has not yet assigned a replacement, and no ruling can be issued until one is named.¹

No relief has been awarded to any class member. The EEOC also issued an Amended Order on May 11, 2022, closing the class, so no new EEO complaints are being subsumed into Turner after that date. New retaliation-based promotion denial complaints against the BOP are processed as standard individual complaints instead.¹

How the Case Got Here

Late 1990s: Original complaint filed; class period reaches back to January 1, 1994.⁶
September 30, 2010: EEOC certifies the class.²
March 21, 2016: Class notice issued to current and former BOP employees.¹
May 11, 2022: EEOC closes the class to new subsumed complaints.¹
December 19, 2025: Closing arguments submitted.¹
December 31, 2025: Administrative Judge retires without a decision.¹

Mosby anticipated the pace early on, telling Forbes in 2011 that “the EEOC is grossly understaffed and this could take years, but these are good people (plaintiffs) who have put their career on the line to change the culture and behavior of the BOP.”²

What Happens Next

Once a replacement Administrative Judge is assigned, that judge will issue a Stage One decision on whether the BOP engaged in class-wide retaliation. Two paths follow from there.

If the judge finds for the class, the case moves to an individual relief phase. Class members can file claims for remedies such as back pay or corrective promotion actions. Each member benefits from a presumption of discrimination, and the agency bears the burden of proving by clear and convincing evidence that a particular member is not entitled to relief.⁷

If the class-wide claim is denied, individual complaints that were held in abeyance because they fell within the class definition are returned to the agency for separate processing.⁷

Who to Contact if You Are a Class Member

Class counsel are John Mosby, Marilyn Cain Gordon, and Elisa J. Moran. They communicate with class members by email only. If your retaliation-based promotion denial complaint arose after the class was closed in May 2022, it will not be folded into Turner and should be pursued as a standard individual EEO complaint.¹

1
TurnerClass.com. Turner Class Action
2
Forbes. Retaliation in the Work Place: Allegations Within the Bureau of Prisons
3
TurnerClass.com. Turner Class Action
4
Washington Post. At Prison Bureau, a Fear to Speak Up
5
AFGE. Union Decries Retaliatory Tactics, Discrimination in Federal Prisons
6
Change.org. End the Dennis Turner Class Action – Update
7
EEOC. Chapter 8: Complaints of Class Discrimination in the Federal Government