Complaint filed in McClennan County, Texas

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IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS
WACO DIVISION
UNITED STATES OF AMERICA, Plaintiff,
v.
THE SHERIFF OF McLENNAN COUNTY, in his official capacity; and McLENNAN COUNTY, Defendants. ________________________________
Civil Action No.
COMPLAINT
Plaintiff, United States of America, alleges:
1. This action is brought on behalf of the United States to enforce the provisions of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. Section 2000e, et seq. ("Title VII").
2. This Court has jurisdiction of the action under 42 U.S.C. §2000e-5(f) and 28 U.S.C. §1345.
3. Defendant, the Sheriff of McLennan County ("Sheriff"), named in his official capacity, is an elected official in the State of Texas.
4. The Sheriff has responsibility for the employment of persons in the McLennan County Sheriff's Department, including the employment of persons in the position of Field Deputy.
5. The Sheriff is a person within the meaning of 42 U.S.C. §2000e(a) and an employer or agent of an employer within the meaning of 42 U.S.C. §2000e(b).
6. Defendant McLennan County is a political subdivision of the State of Texas. Through its Commissioners Court, McLennan County appropriates monies for the operation of the McLennan County Sheriff's Department.
7. Defendant McLennan County is named as a party pursuant to Rule 19(a) of the Federal Rules of Civil Procedure.
8. Until some time in 1996, when he ended the practice of using substitute night Field Deputies, the defendant Sheriff allowed males, but did not allow females, employed in the McLennan County Sheriff's Department in positions other than Field Deputy the opportunity to obtain training and experience as Field Deputies by serving as substitute night Field Deputies.
9. Vacancies in permanent Field Deputy positions traditionally have been filled by the defendant Sheriff by promotion from within the McLennan County Sheriff's Department. From 1991 through 1997 the Sheriff promoted 14 males to permanent Field Deputy positions. Each of these 14 males promoted to a

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Complaint filed in McClennan County, Texas

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permanent Field Deputy position had previously obtained training and experience serving as a substitute night Field Deputy.
10. Upon information and belief, the defendant Sheriff has never promoted a female to a permanent Field Deputy position. The only female who has been allowed to fill a permanent Field Deputy position in the McLennan County Sheriff's Department was involuntarily transferred to that position in 1996 from an Investigator position.
11. Wanda J. Price, a female who was then a Deputy Jailer in the McLennan County Sheriff's Department, filed a timely charge of discrimination (Charge No. 310 95 0423) with the Equal Employment Opportunity Commission (EEOC) in November, 1994, alleging that because of her sex she was denied the opportunity to obtain job experience needed to qualify for a Field Deputy position. Pursuant to Section 706 of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. 2000e-5, the EEOC investigated the charge of discrimination, found reasonable cause to believe that sex discrimination had occurred, attempted unsuccessfully to achieve through conciliation a voluntary resolution of the charge, and subsequently referred the matter to the Department of Justice.
12. The defendant Sheriff has discriminated against Wanda J. Price and similarly situated females who have been employed in the McLennan County Sheriff's Department in violation of Section 703(a) of Title VII, 42 U.S.C. 2000e-3(a), among other ways, by:
a. Failing or refusing to allow Ms. Price and similarly situated females the opportunity to obtain training and experience as Field Deputies by serving as substitute night Field Deputies;
b. Failing or refusing to take appropriate action to remedy the effects of the discriminatory treatment of Ms. Price and similarly situated females.
13. All conditions precedent to the filing of suit have been performed or have occurred.
WHEREFORE, plaintiff United States prays for an Order enjoining the defendant Sheriff and the defendant County, as appropriate, from failing and refusing to:
(1) provide sufficient remedial relief to make whole Wanda J. Price and all other similarly situated female victims of the Sheriff's discriminatory employment practices as alleged in this complaint; and
(2) take other appropriate nondiscriminatory measures to overcome the effects of the discriminatory practices.
The plaintiff prays for such additional relief as justice may require, together with its costs and disbursements in this action.
JANET RENO Attorney General
By: _________________________________ BILL LANN LEE Acting Assistant Attorney General Civil Rights Division

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Complaint filed in McClennan County, Texas
___________________________ WILLIAM B. FENTON CHARLES E. LEGGOTT Attorneys Civil Rights Division U.S. Department of Justice P.O. Box 65968 Washington, D.C. 20035-5968 (202) 514-0548

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 McClennan Consent Decree

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IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS
WACO DIVISION
UNITED STATES OF AMERICA, Plaintiff, v. THE SHERIFF OF McLENNAN COUNTY, in his official capacity; and McLENNAN COUNTY, Defendants.
CONSENT DECREE
This action was brought by the United States against the Sheriff of McLennan County, in his official capacity (hereinafter "Sheriff"), and McLennan County, named as a party pursuant to Rule 19(a) of the Federal Rules of Civil procedure (hereinafter "County"), under the provisions of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. Section 2000e, et seq. (hereinafter "Title VII").
The United States and the Defendants, desiring that this action be settled by appropriate Consent Decree, and without the burdens of protracted litigation, agree to the jurisdiction of the Court over the parties and the subject matter of this action, and hereby waive, for the purposes of this Consent Decree only, hearings and findings of fact and conclusions of law on all issues, and further agree to the entry of this Consent Decree as final and binding among themselves as to the issues raised in the Complaint filed in this case.
This Consent Decree, being entered with the consent of the parties, shall in no way constitute an adjudication or finding on the merits of the case, nor be construed as an admission of liability by the Sheriff or the County or a finding of wrongdoing or violation of any applicable federal or state law by the Sheriff or the County.
I. GENERAL INJUNCTIVE PROVISIONS
1. The basic objectives of this Consent Decree are to ensure that women are considered for the position of Field Deputy on a non-discriminatory basis, and that the present effects of any past discrimination be remedied.
2. The Sheriff and his officers, agents, employees, successors and all persons in active concert or participation with him hereinafter shall not engage in any act or practice that has the purpose or effect of unlawfully discriminating on the basis of sex against any employee or applicant for employment with the Sheriff with respect to the position of Field Deputy.
3. The Sheriff shall not retaliate by taking adverse employment action against any person because that person has opposed the alleged discriminatory practices, or because of that person's participation in or cooperation with the initiation, investigation, litigation or administration of this action or this Consent Decree.
4. The Sheriff shall take the following remedial measures designed to overcome the present effects of the discrimination alleged in the Complaint:

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A. The Sheriff shall permit any qualified female employee in the Sheriff's Department to obtain Field Deputy training by riding with an incumbent Field Deputy as a substitute or back-up Field Deputy, either on the day or night shift, for a period not to exceed 160 hours of training.
B. Within 30 days of the entry of this Consent Decree, the Sheriff shall notify all eligible female employees in the Sheriff's Department, in writing, of the opportunity to obtain Field Deputy experience by riding in a patrol car as a substitute or back-up Field Deputy during either the day or night shift. Eligible female employees will be paid their normal rate of pay while receiving this training. Training shifts may be scheduled for an employee's normal day(s) off provided that the employee agrees to work on her day(s) off, and/ or may be scheduled to replace a work shift of the employee in her regular position during the applicable pay period depending on the schedule established by the Sheriff's Office. An eligible employee is any woman who has been employed in the Sheriff's Department for at least one year, has a current and valid Texas Law Enforcement Officer's Certificate, and who had a valid Texas Law Enforcement Certificate before the time the Sheriff's Department ended the practice of permitting employees to ride in the patrol cars as substitute Field Deputies in 1996. The notice letter to be sent by the Sheriff shall be by certified mail, return receipt requested, in the form set forth in Appendix A to this Decree. Nothing in this Consent Decree shall obligate the Sheriff to provide training to a person who is not qualified by valid qualification standards to be eligible for the position of Field Deputy.
C. Eligible female employees in the Sheriff's Department may indicate an interest in receiving the training by
responding in writing to the notice letter no later than fifteen (15) days after receipt of the letter, in the form set forth in Appendix B to this Decree.
D. The Sheriff will commence the training described in this Section within fifteen (15) days after the response period has ended.
E. The Sheriff or his designee will assign each eligible participant to ride in a patrol car during either the day or night shift with an incumbent Field Deputy, determine the days, shift and hours of the training, and provide each eligible participant so assigned with at least seven (7) days written notice of the date(s) and time that she will receive the training.
F. The incumbent Field Deputies who provide this training shall be instructed to conduct themselves in a non-discriminatory manner, and they shall provide adequate and objective training to the participating female employees of the type at least equivalent to that provided in the past to male substitute Field Deputies.
G. All training shall be completed within one year of the entry of this Consent Decree, unless circumstances beyond the Sheriff's control cause a delay in the completion of the training.
H. Female employees who complete the training will be given objective and non-discriminatory consideration for employment as Field Deputies consistent with the Sheriff's current method of filling vacancies.
I. An eligible female employee who fails to timely report for scheduled training without a verified excuse such as sickness, a death in the family, or other such circumstances beyond her reasonable control, may be subject to forfeiture of that block of scheduled training hours, and any participant who fails to timely report for training on three (3) occasions without a valid excuse will be ineligible for further participation in the training.

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McClennan Consent Decree

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II. RECORDKEEPING
1. The Sheriff shall maintain for the duration of this Consent Decree all records necessary to monitor the implementation of this Consent Decree. Such records shall include all documents and records including but not limited to vacancy announcements, employment applications, interview sign-up sheets, interview notes, and correspondence and memoranda pertaining to the Field Deputy position.
2. The United States Department of Justice shall have the right to inspect and copy any and all of the above documents and records upon reasonable notice to the Sheriff without further order of this Court. In addition, the Sheriff shall make available such additional information or records relating to the hiring of women as Field Deputies and the training of women employees of the Sheriff's Department provided for in this Consent Decree as the United States Department of Justice requests in writing during the life of this Decree.
III. REPORTING
1. Within thirteen (13) months after the entry by the Court of this Consent Decree, the Sheriff shall provide to the United States a report indicating the name of each female employee who expressed an interest in receiving Field Deputy training to be provided pursuant to Paragraph 4 of this Consent Decree, the name of the incumbent Field Deputy who provided the training, the dates and shift(s) on which the training was provided, and the name of each female employee who completed the training.
2. For the purposes of this Consent Decree, a reporting period shall run from January 1 through December 31.
3. Within thirty (30) days after the close of each reporting period during the duration of this Consent Decree, the Sheriff shall provide to the United States a report for that reporting period showing the following:
(A) A list of all persons employed by the Sheriff as a Field Deputy as of the last day of the reporting period, showing each individual's name, home address, sex and date of hire;
(B) The name of each person who applied for a Field Deputy position during the reporting period;
(C) A list of all formal and informal written complaints alleging discrimination based on sex relating to employment as a Field Deputy by female Field Deputies or applicants for Field Deputy together with a copy of each such complaint.
V. COMPLIANCE
1. If a dispute concerning compliance by the Defendants with any provision of this Consent Decree arises or if the parties deem it advisable for any other reason, the parties shall engage in good faith efforts to resolve the issue before seeking action by the Court. If the parties are unable expeditiously to resolve the issue, any party may move the Court for resolution, provided that written notice is first provided to the other parties.
2. The Defendants agree to cooperate in any reasonable investigation by the United States relating to alleged violations of this Consent Decree, and the United States agrees to inform the Defendants of the results of that investigation on an ongoing basis.

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McClennan Consent Decree

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VI. Additional Provisions
1. Within seven (7) days after the date of entry of this Consent Decree, the Sheriff shall post copies of the Consent Decree in a prominent and conspicuous location(s) used for posting notices in the Sheriff's Office and jail facilities. Such copies shall remain posted throughout the life of this Decree. In addition, the Sheriff shall provide a copy of this Consent Decree, at no cost, to any employee who so requests.
2. Any female employee in the Sheriff's Department who believes she has been discriminated against in violation of Title VII with respect to the position of Field Deputy or has information concerning any such alleged discrimination against any other employee, and any employee who believes that she has been retaliated against for complaining about discrimination with respect to the position of Field Deputy, or for that person's participation in or cooperation with the initiation, investigation, litigation or administration of this action or this Consent Decree, may contact the United States Department of Justice by writing to the following attorney:
Charles E. Leggott U.S. Department of Justice Civil Rights Division Employment Litigation Section P.O. Box 65968 Washington D.C. 20035-5968
3. This Court shall retain jurisdiction of this action for the purpose of entering any orders or judgments which may be necessary to implement the relief provided herein.
4. All provisions of this Consent Decree shall be dismissed after three (3) years from its entry and approval by the Court unless the United States moves for its continuation prior to expiration of the Consent Decree. If such a motion is made, the Consent Decree shall continue until the Court rules on the United States' Motion for Continuation.
5. By entering this Consent Decree, the Sheriff and County make no admission as to any of the allegations set forth in the United States' Complaint or any EEOC Charge or Determination.
6. The parties shall bear their own costs, expenses and attorneys' fees in this action.
ENTERED THIS DAY OF , 199__.
UNITED STATES DISTRICT JUDGE
AGREED AND CONSENTED TO:
On Behalf of the Plaintiff United States:
BILL LANN LEE Acting Asst. Attorney General Civil Rights Division
WILLIAM B. FENTON CHARLES E. LEGGOTT

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McClennan Consent Decree

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Attorneys U.S. Department of Justice Civil Rights Division Employment Litigation Section P.O. Box 65968 Washington, D.C. 20035-5968 (202) 514-0548
On Behalf of the Defendants
Herbert S. Bristow Haley & Davis, P.C. Triangle Tower, Suite 600 510 N. Valley Mills Drive Waco, Texas 76710 254) 776-3336
Appendix A
VIA CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Name Address City, State, Zip Code
Dear :
A Consent Decree has been entered settling a complaint of employment discrimination filed by the United States against the Sheriff of McLennan County and McLennan County ("Defendants"). This Decree was approved and entered by the Court on _____, 1998 in the case of United States v. Sheriff of McLennan County, et al., Civil Action No. _____ (W.D. Texas). A copy of the Consent Decree is enclosed.
Pursuant to the Consent Decree, any qualified female employee in the Sheriff's Department may obtain up to 160 hours of Field Deputy training by riding in a patrol car with an incumbent Field Deputy as a substitute or back-up Field Deputy. An eligible employee is any woman who has been employed in the Sheriff's Department for at least one year, has a current and valid Texas Law Enforcement Officer's Certificate, and who had a valid Texas Law Enforcement Certificate before the time the Sheriff's Department ended the practice of permitting employees to ride in the patrol cars as substitute Field Deputies in 1996. The female employees who elect to obtain the training being offered by the Sheriff's Department will be assigned to ride in a patrol car as a back-up officer, during either the day or night shift, with an incumbent Field Deputy.
Incumbent Field Deputies who provide this training will be instructed to conduct themselves in a nondiscriminatory manner, and they shall provide adequate and objective training to the participating female employees who participate in the training of the type at least equivalent to that provided in the past to male substitute Field Deputies. Participants will be paid their normal rate of pay while receiving this training. All training is to be completed within one year of the entry of the Consent Decree, and anyone

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who completes the training will be given objective and non-discriminatory consideration for employment as a Field Deputy consistent with the Sheriff's current method of filling Field Deputy vacancies.
You must indicate whether you are interested in receiving the training being offered by the Sheriff by responding to this letter in writing within, on the form enclosed with this letter, within fifteen (15) days of your receipt of the letter. If you have any questions concerning the training program, or any other provisions of the Consent Decree, you may contact the following attorney at the U.S. Department of Justice:
Charles E. Leggott Employment Litigation Section U.S. Department of Justice P.O. Box 65968 Washington, D.C. 20035 (202) 514-0548 Sincerely,
Appendix B
I. I, _____________________________ (name),
Please check one:
____ Wish to participate in the compensatory training for Field Deputy being offered by the Sheriff pursuant to the Consent Decree in United States v. The Sheriff of McLennan County et al.
____ Do not wish to participate in compensatory training for Field Deputy being offered by the Sheriff pursuant to the Consent Decree in United States v. The Sheriff of McLennan County et al.
II: For those who wish to receive the training please complete the following section:
A. I prefer to receive the training on the:
Day shift _______ Night shift _________
B. I prefer to receive the training on these days of
the week ________________________________________
_________________________________________________
Signed:______________________
Date: ________________

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 U.S. District Court [LIVE] Western District of Texas (Waco) CIVIL DOCKET FOR CASE #: 6:98-cv-00316-WSSM

CLOSED

USA v. Sheriff/McLennan Co., et al Assigned to: Honorable Walter S. Smith Demand: $0 Cause: 42:2000 Job Discrimination (Sex)

Date Filed: 09/30/1998 Date Terminated: 10/02/1998 Jury Demand: None Nature of Suit: 440 Civil Rights: Other Jurisdiction: U.S. Government Plaintiff

Plaintiff USA

represented by Charles E. Leggott Civil Rights Division U.S. Department of Justice P.O. Box 65968 Washington, DC 20035-5968 (202) 514-0548 Fax: (202) 514-1005 LEAD ATTORNEY ATTORNEY TO BE NOTICED

V.
Defendant
Sheriff of McLennan County in his official capacity

represented by Herbert S. Bristow Haley & Olson, P.C. 510 North Valley Mills Drive Suite 600 Waco, TX 76710 (254)776-3336 Fax: 254/776-6823 Email: hbristow@haleyolson.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Michael W. Dixon Haley & Olson, P.C. 510 North Valley Mills Dr. Suite 600 Waco, TX 76710

Defendant McLennan County
Movant Wanda J. Price

(254)776-3336 Fax: 254/776-6823 Email: mdixon@haleyolson.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Herbert S. Bristow (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Michael W. Dixon (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Gayle E. Oler Smith & Collins, L.L.P. 4054 McKinney Avenue Suite 310 Dallas, TX 75204-2059 (214) 520-0600 Fax: (214) 559-3124 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed 09/30/1998 09/30/1998
09/30/1998
10/02/1998 10/02/1998 10/02/1998
10/08/1998

#

Docket Text

Case assigned to Honorable Walter S. Smith (fe) (Entered: 10/01/1998)

1 Complaint filed. Filing Fee: $ waived (Pages: 4) (fe) (Entered: 10/01/1998)

2 Motion by USA for Charles E. Leggott to appear pro hac vice. vice (fe) (Entered: 10/01/1998)

3 Consent Decree (Pages: 12) (as) (Entered: 10/02/1998)

Case closed (as) (Entered: 10/02/1998)

4 Order granting Charles E. Leggott's motion to appear pro hac vice (as) (Entered: 10/02/1998)

5 Motion by Wanda J. Price to intervene (as) (Entered: 10/09/1998)

10/08/1998 10/14/1998 10/23/1998 11/02/1998
11/20/1998 01/11/2002 01/17/2002

Received Wanda J. Prices' complaint in intervention and demand for jury trial (as) (Entered: 10/09/1998)
6 Order denying as moot Wanda J. Price's motion to intervene [5-1] (as) (Entered: 10/14/1998)
7 Motion by Wanda J. Price for reconsideration of the motion to intervene (as) (Entered: 10/23/1998)
8 Response by Sheriff/McLennan Co., McLennan County in opposition to Wanda J. Price's motion for reconsideration of the motion to intervene [7-1] (as) (Entered: 11/02/1998)
9 Order denying Wanda J. Price's motion for reconsideration of the motion to intervene [7-1] (as) (Entered: 11/20/1998)
10 Motion by McLennan County, Sheriff/McLennan Co. for relief from and to dismiss consent decree (as) (Entered: 01/11/2002)
11 Order granting Defendant's motion for relief from and to dismiss consent decree [10-1]. Ordered that the consent decree entered by this Court on October 2, 1998 is hereby DISMISSED, and the defendants are relieved from all obligations and requirements thereunder. (as) (Entered: 01/17/2002)