In 1997 and 1998, two class-action lawsuits entitled Pigford v. Glickman and Brewington v. Glickman, respectively, were filed on behalf of groups of African-American farmers.  Those lawsuits asserted that the U.S. Department of Agriculture ("USDA") had systematically discriminated against African-American farmers on the basis of race, in violation of the Fifth Amendment to the United States Constitution, the Equal Credit Opportunities Act, Title VI of the Civil Rights Act, and the Administrative Procedures Act.
 
After the Pigford and Brewington cases were consolidated, they were settled by the parties on April 14, 1999 and became the largest civil rights settlement in history.  The terms of the settlement were outlined in a Consent Decree entered by the Court, which stated that eligible claimants were required to file their claims with the case administrator by October 12, 1999.  The Consent Decree also stated that claimants who could show "extraordinary circumstances" for missing the October 12, 1999 deadline could file at a later date.  September 15, 2000 was set as the "late-filing" deadline.
 
While approximately 22,700 claimants filed their claims before the October 12, 1999 claims deadline, approximately 58,000 additional individuals filed claims after the October 12, 1999 claims deadline but before the September 15, 2000 "late-filing" cut-off date.  Fewer than 3,000 of the 58,000 "late-filers" were found to have demonstrated the required "extraordinary circumstances" for receiving extra time to file their claims.  As a result, more than 55,000 "late-filers" have not yet had their discrimination claims heard.  In addition, approximately 25,000 more potential claimants filed late-filing petitions after the September 15, 2000 late-filing cut-off, but before the date the 2008 Farm Bill became law, May 22, 2008.