FAQs

Bozzuto’s records show that you worked for Bozzuto’s between November 21, 2018, and February 21, 2025, in one of the following hourly warehouse roles:  selector, forklift operator, checker, loader, clerk, slotter, support associate, cleaner, pallet auditor, wrapper, or runner, and identified as “Black or African American (not Hispanic or Latino)” in Bozzuto’s records or did not disclose your race. If you are Black and held one of the aforementioned positions during the relevant time period, you may be a member of a “certified” class action that may affect you. If not, this Notice does not apply to you.  You have legal rights and options that you may exercise before the Court holds a trial. The trial is to decide whether Bozzuto’s discriminated in certain employment decisions—including pay, position assignments, promotions, discipline, and termination—affecting Black employees in these hourly warehouse positions. Judge Janet C. Hall of the United States District Court for the District of Connecticut in New Haven, CT is overseeing this class action. The lawsuit is known as Loiseau, et al. v. Bozzuto’s Inc., et al., No. 3:22-CV-01485 (JCH) (D. Conn.).

This lawsuit is to determine whether, in certain warehouse positions, Bozzuto’s discriminated against Black employees in pay and/or employment decisions. Bozzuto’s denies these allegations, and the Court has not yet decided whether Bozzuto’s has in fact discriminated against Black employees.

In a class action lawsuit, one or more people called “Class Representatives” (in this case Don Rudy Loiseau, Quinton L. Hebron, and Dwayne Small) sue on behalf of other people who may have similar claims. The people together are a “Class” or “Class Members.” The three Class Representatives who sued on behalf of the Class are called the “Plaintiffs.” The company they sued (in this case Bozzuto’s) is called the “Defendant.” One court resolves the issues presented at trial for everyone in the Class—except for those people who choose to exclude themselves from the Class.

The Court decided that this lawsuit can be a class action because it meets the requirements of Federal Rule of Civil Procedure 23, which governs class actions in federal courts. Specifically, the Court found that:

·        The number of Class members is sufficiently numerous that a class action is appropriate;

·        There are legal questions and facts that are common to each Class Member;

·        The claims of the Class Representatives are typical of the claims of the rest of the Class;

·        The Class Representatives and the lawyers representing Plaintiffs and the Class will fairly and adequately represent the Class’s interests.

More information about why the Court is allowing this lawsuit to be a class action is in the Court’s Order Certifying the Class which is available on this website.

In this lawsuit, the Plaintiffs claim that Bozzuto’s has discriminated against Black hourly warehouse employees in pay, position assignments, promotions, discipline, and terminations, and that its Bid Policy and performance review practices have a disparate impact on Black employees. You can read Plaintiffs’ Second Amended Class Action Complaint in the Court Docs page.

Bozzuto’s denies that it discriminates against Black employees in any way and maintains that its employment decisions are based solely on individual qualifications and merit. You can read Bozzuto’s Answer to the Plaintiffs’ Second Amended Class Action Complaint in the Court Docs page.

The Court has not decided whether the Plaintiffs or Bozzuto’s are correct. By certifying the Class and issuing this Notice, the Court is not suggesting that the Plaintiffs will win or lose this case.

Plaintiffs seek damages for themselves and the Class and a determination of whether the class will be entitled to punitive damages. An award of monetary relief to class members may be the subject of a remedial stage of the case (although the exact process for such hearings will be determined after the first stage of trial, and only if the Plaintiffs win the first stage).

No money is available now because the Court has not yet decided whether Bozzuto’s did anything wrong, there has been no trial, and the two sides have not settled the case. There is no guarantee that money ever will be obtained. If Plaintiffs win during the first stage of trial you will be able to participate in the remedial stage of the case.

The class includes the following individuals:

All black, hourly warehouse associates employed in Bozzuto’s warehouses, who have held the titles or positions of selector, forklift operator, checker, loader, clerk, slotter, support associate, cleaner, pallet auditor, wrapper, runner, between November 21, 2018, and February 21, 2025

If you are still not sure whether you are included, you can get free help by calling or writing to the lawyers in this case, at 202-471-1995 or ClassCounsel@kotchen.com

You don’t have to do anything now if you want to stay in the Class. By doing nothing you are staying in the Class and can participate in the case (see Answers to Questions 18-20). If you stay in the Class and the Plaintiffs obtain relief, either as a result of the trial or settlement, you will be notified how to participate. Further, if the Plaintiffs win, the Court will oversee the process for determining whether monetary awards are available to individual Class Members.  Keep in mind that if you do nothing now, regardless of whether the Plaintiffs win or lose the trial, or a settlement is reached in the case, you will not be able to sue, or continue to sue, Bozzuto’s—as part of any other lawsuit—about the same legal claims that are the subject of this lawsuit. You will also be legally bound by all of the orders the Court issues and judgments the Court makes in this class action. 

You may wish to be excluded if:

·        You already have your own race discrimination lawsuit against Bozzuto’s and want to continue with it;

·        You intend to file your own race discrimination lawsuit against Bozzuto’s and do not want to participate in this class action;

·        You do not want to have any involvement with this case; or

·       You believe that you were not discriminated against.

If you exclude yourself from the Class—sometimes called “opting out” of the Class—you won’t get any money or benefits from this lawsuit even if the Plaintiffs and the Class obtain them as a result of the trial or from any settlement (that may or may not be reached) between Bozzuto’s and the Plaintiffs. If you exclude yourself, you will not be legally bound by the Court’s judgment in this class action, nor will you be eligible to participate in the remedial phase if Bozzuto’s is found during the first phase to have unlawfully discriminated.

If you start your own lawsuit against Bozzuto’s after you exclude yourself, you’ll have to hire and pay your own lawyer for that lawsuit unless you choose to represent yourself, and you’ll have to prove your liability claims separately from this lawsuit. If you do exclude yourself so you can start or continue your own lawsuit against Bozzuto’s, you should talk to your own lawyer soon, because your claims may be subject to a statute of limitations.

To ask to be excluded, you must complete an Exclusion Request form available on the Exclude Yourself page.

Exclusions must be postmarked or received by May 16, 2026.

Loiseau, et al. v. Bozzuto’s Inc., et al 
Attn: Exclusions
c/o A.B. Data, Ltd.
P.O. Box 173101
Milwaukee, WI 53217

Email: info@BozzutosClassAction.com Exclusions must be postmarked or received by May 16, 2026.

The Court decided that lawyers from the law firm Kotchen & Low LLP are qualified to represent you and all Class Members and appointed them as “Class Counsel.” Nitor Egbarin, of the Law Office of Nitor V. Egbarin, LLC, is serving as local counsel. More information about the lawyers at Kotchen & Low LLP is available at www.kotchen.com. Class Counsel, Kotchen & Low LLP, can be contacted at 202-471-1995 or ClassCounsel@kotchen.com. They are experienced in handling similar cases against other employers.

You do not need to hire your own lawyer because Class Counsel is working on your behalf. But, if you want your own lawyer, you have the right to obtain one, but you will likely have to pay that lawyer. You can ask your own lawyer to appear in Court for you if you want someone other than Class Counsel to speak for you.

If Class Counsel obtain relief for the Class, Class Counsel may ask the Court for attorneys’ fees and expenses. You won’t have to pay these fees and expenses.

Class Counsel will have to prove the Plaintiffs’ claims at trial. The Court has decided that the trial will take place in two stages. In the first stage, a jury and the judge will hear all of the evidence to help them reach a decision about whether the Plaintiffs or Bozzuto’s are right about the claims in the lawsuit. If the Plaintiffs win in the first stage, then the Court will establish a process for the remedial phase to determine whether each Class Member is entitled to damages, such as back and front wages, emotional distress damages, and/or punitive damages.

You do not need to attend the first stage of the trial (see Question 18) unless you live within 100 miles of the federal courthouse in New Haven, CT and are subpoenaed to appear as a witness. Class Counsel will present the case for the Plaintiffs, and Bozzuto’s will present its defense. You are welcome to come to that trial. 

That will depend on the outcome of the case, as explained in Questions 18 & 19. If the Plaintiffs win the first stage of the trial or the parties reach a settlement, you will be notified about how to participate.

You may speak to Class Counsel (Plaintiffs’ lawyers) by calling 202-471-1995 or emailing ClassCounsel@kotchen.com. You can also obtain additional information at www.BozzutosClassAction.com.

You should not contact Bozzuto’s about this matter.