UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION

UNITED STATES OF AMERICA, Plaintiff,
v. WEIMAR INDEPENDENT SCHOOL DISTRICT,
Defendant.

Civil Action No. - - - - -

COMPLAINT AND DEMAND FOR JURY TRIAL Plaintiff, the United States of America, alleges: 1. This action is brought on behalf of the United States to enforce the provisions of Title Vll of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e et seq. ("Title Vll"). 2. This Court has jurisdiction ofthe action under 42 U.S.C. § 2000e-5(f) and 28 U.S.C. § 1345. 3. Defendant, the Weimar Independent School District ("Weimar ISD"), is a corporate, governmental body created pursuant to the laws ofthe state of Texas. 4. Defendant is a "person" within the meaning of 42 U.S.C. § 2000e(a) and an "employer" within the meaning of 42 U.S.C. § 2000e(b). 5. Defendanfhas SUbjected Jill K. Steward-Trier to discrimination on the basis of her race, in violation of Section 703(a) of Title Vll, 42 U.S.C. § 2000e-2(a), among other ways, by:
(a) Failing or r~fusing to hire Ms. Steward-Trier for the position of high school principal; and

(b) Failing or refusing to take appropriate action to remedy the effects of the discriminatory treatment of Ms. Steward-Trier.
6. The U.S. Equal Employment Opportunity Commission ("EEOC") received a timely charge (Charge No. 330A203478) filed by Ms. Steward-Trier on September 9,2002, alleging that she had been discriminated against on the basis of race when she was not selected for the high school principal position at Weimar ISD. Pursuant to Section 706 of Title Vll, 42 U.S.C. § 2000e-5, the EEOC investigated the charge, found reasonable cause to believe that Ms. . Steward-Trier's allegations were true, attempted unsuccessfully to achieve through conciliation a voluntary resolution ofthe charge, and subsequently referred the matter to the U.S. Department of Justice.
7. All conditions precedent to the filing of suit have been performed or have occurred.
WHEREFORE, Plaintiff prays that the Court grant the following relief: (a) Enjoin Defendant from subjecting individuals to discriminatory hiring
policies and practices based on race, including but not limited to: (1) requiring Defendant to modify its hiring policies and practices to
prevent future discrimination; and (2) requiring Defendant to provide training to its officials and
employees involved in hiring processes; (b) Enjoin Defendant from failing or refusing to provide sufficient remedial
relief to charging party Jill K. Steward-Trier to make her whole for the losses she has suffered as a result of the discrimination against her as alleged in this Complaint;
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(c) Award compensatory damages to charging party Jill K. Steward-Trier to fully compensate her for the injuries caused by Defendant's discriminatory conduct, pursuant to and within the statutory limitations of Section 102 of the Civil Rights Act of 1991,42 U.S.C. § 1981a; and
(d) Award such additional relief as justice may require, together with Plaintiffs costs and disbursements in this action.
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JURY DEMAND
The United States hereby demands a trial by jury of all issues so triable pursuant to Rule
38 of the Federal Rules of Civil Procedure and Section 102 of the Civil Rights Act of 1991,
42 U.S.C. § 1981(a).
BRADLEY J. SCHLOZMAN Acting Assistant Attorney General Civil Rights Division
By: Q~~---DAVID J. P MER Chief, Employment Litigation Section Civil Rights Division ~.~ (~ JODI B. DANISO I Deputy Chief LOUIS LOPEZ Senior Trial Attorney/Attorney-in-Charge (DC Bar No. 461662) United States Department of Justice Employment Litigation Section, PHB Civil Rights Division 950 Constitution Avenue, NW Washington, DC 20530 (202) 353-1845 (202) 514-1105 (fax)
MICHAEL T. SHELBY United States Attorney Southern District of Texas
By: k~~w~@
KEITH EDWARD WYATT Assistant United States Attorney (Texas Bar No. 22092900; Federal Bar No. 3480) P.O. Box 61129 Houston, TX 77208 (713) 567-9713 (713) 718-3303 (fax)
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 IN THE VNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS
HOUSTON DIVISION
Civil Action No. - - - - -
United States of America, Plaintiff,
v.
Weimar Independent School District, Defendant.
CONSENT DECREE This action was brought by the United States of America against the Weimar Independent School District to enforce the provisions of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e, et seq. In its Complaint, the United States alleges that the Weimar Independent School District failed to hire Jill K. Steward-Trier for the high school principal position because ofher race in violation of 42 U.S.c. § 2000e-2(a). The parties, desiring to settle appropriately this action, agree to the jurisdiction of this Court over them and to the subject matter of this action,_ and hereby waive th_eentry of findings of fact and conclusions of law. The parties, desiring to avoid protracted and unnecessary litigation, also accept this Consent Decree ("Decree") as final on the issues resolved. This Decree, being entered with the consent ofthe parties, shall not constitute an admission, adjudication or finding on the merits of this action, and the Weimar Independent School District denies that any unlawful race discrimination has occurred.

In resolution of this action, the parties hereby AGREE and the Court expressly APPROVES, ENTERS AND ORDERS the following:
I. PARTIES AND DEFINITIONS 1. The parties to this Decree are the United States, by the U.S. Department of Justice
("United States',), and the Weimar Independent School District. 2. The Weimar Independent School District, its current, former and future agents,
employees, officials, designees and successors in interests are referred to hereinafter as the "Weimar ISD."
3. Jill K. Steward-Trier is referred to hereinafter as "Steward-Trier." 4. The U.S. Equal Employment Opportunity Commission is referred to hereinafter as the "EEOC." 5. Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e, et seq., is referred to hereinafter as "Title VII"
II. SPECIFIC RELIEF 6. Without admitting the allegations of the United States, and in settlement of the
United States' claims for relief, as well as in settlement of the claims of Steward-Trier if she accepts the reliefprovided to her by this Decree, Weimar ISD agrees to do the following:
A. Weimar ISD shall offer Steward-Trier a total monetary award (inclusive of attorney's fees) of$64,000.00, of which $30,000.00 shall be attributed to non-pecuniary compensatory damages.
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B. Steward-Trier, through her attorney, states that she does not presently desire to be hired for the high school principal position. Therefore, Weimar ISD is not required to offer Steward-Trier instatement relief under the Decree. Weimar lSD, however, agrees that if Steward-Trier applies for employment with Weimar ISD in the future, her application will be given fair, objective, non-retaliatory and non-discriminatory consideration.
7. Within fifteen (15) days afterthe date of entry of this Decree, Weimar ISD shall notify Steward-Trier of its terms by mailing to her, in care ofher attorney, via certified mail, return receipt requested, a copy of the letter as set forth in Appendix A. The letter shall advise Steward-Trier that in order to accept the relief offered to her, she must return the executed Individual Relief and Release of Claims form, at Appendix B, to Weimar ISD within thirty (30) days of her receipt of the letter unless good cause, as determined exclusively by the United States, exists for her failure to do so. A copy of the Individual Relief and Release of Claims form and of this Decree shall be enclosed with the letter.
8. Weimar ISD shall pay the full amount of the total monetary award specified in paragraph 6(A), in care of Steward-Trier's attorney, within fifteen (15) days of its receipt of the executed Individual Relief and Release of Claims form. Weimar ISD shall include any necessary and appropriate tax, wage and withholding forms to reflect the monetary amounts paid to Steward-Trier.
9. Weimar ISD shall notify the United States as soon as payment to Steward-Trier has been made. Weimar ISD shall promptly forward to the United States a copy of the canceled check or other appropriate documentation indicating that payment has been made.
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III. GENERAL RELIEF 10. Weimar lSD, by and through its officials, agents, employees and all persons in
active concert or participation with Weimar ISD in the performance of employment or personnel functions, shall not engage in any act or practice that discriminates against any employee or applicant for employment because of that employee's or applicant's race in violation of Title VII. Weimar ISD specifically states that it shall not in any way take an employee's or applicant's race into account when making any employment decisions.
11. Weimar ISD shall not retaliate against or in any way adveISely affect the terms and conditions of employment or potential employment of any person because that person has opposed any practice or policy made unlawful by Title VII; filed a discrimination complaint, either formal or informal~ with Weimar ISD; filed a charge of discrimination with the EEOC or the Texas Workforce Commission; or testified, assisted or participated in any manner in an investigation, proceeding or hearing under Title VI~ including this case or this Decree.
IV. IDRING AND SELECTION PROCEDURES
)
12. Within sixty (60) days afterthe date of entry of this Decree, Weimar ISD shall implement hiring and selection procedures that ensure that neither race nor any other factors prohibited by Title VII are used to discriminate against qualified applicants for employment with Weimar ISD.
13. Within thirty (30) days after the date of entry of this Decree, Weimar ISD shall submit a draft of a document setting forth the procedures described in paragraph 12 to the United States for review, comment and approval. The United States shall provide a response within
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thirty (30) days, and any disputes regarding the United States' approval shall be subject to the dispute resolution mechanism outlined in paragraph 27.
14. Weimar lSD shall ensure that all individuals involved in Weimar lSD's hiring and selection procedures receive a copy of the relevant job descriptions and the procedures implemented pursuant to this Decree at least fourteen (14) days prior to the commencement of consideration of applications for the administrative or faculty position at issue.
v. COMPLAINT AND INVESTIGATION PROCEDURES
15. Within Sixty (60) days after the date of entry of this Decree, Weimar lSD shall implement complaint and investigation procedures designed to prevent and correct discrimination, including retaliation, under Title VlI. These procedures shall, at a minimum, include the following information:
A. A clear statement of Weimar lSD's commitment to comply with federal laws prohibiting discrimination in employment including Title VII of the Civil Rights Act of 1964;
B. An assurance that employees and applicants for employment who make complaints of discrimination in violation of Title VII, or who provide information related to such complaints, will be protected against retaliation;
C. A designation of two or more individuals assigned to receive and investigate complaints of discrimination by employees and applicants for employment;
D. A clearly described complaint process that provides multiple and accessible avenues by which an employee or applicant for employment may make a written or oral complaint of discrimination;
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E. An assurance that Weimar ISD will protect the confidentiality of complaints and complainants of discrimination to the fullest extent possible;
F. A process that provides a prompt, thorough and impartial investigation of complaints of race discrimination;
G. An assurance that Weimar ISD will take immediate and appropriate corrective action when it determines that race discrimination or retaliation has occurred; and
H. A description of the disciplinary measures that may be taken against individuals found to have engaged in discrimination or retaliation.
16. Within thirty (30) days after the date of entry ofthis Decree, Weimar ISD shall submit the procedures described in paragraph 15 to the United States for review, comment and approval. Anydisputes reganiing the United States' approval shall be subject to the dispute resolution mechanism outlined in paragraph 27.
17. Within ten (10) days of the date in which Weimar ISD implements the procedures set forth in paragraph 15, Weimar ISD shall distribute copies of such procedures to all Weimar ISD employees, and post such procedures on its website as well as in all buildings and facilities used for posting general information to Weimar ISD employees. In addition, each employee shall sign an acknowledgment that he or she has received, read and understood such procedures, and the signed acknowledgment shall be placed in each employee's personnel file.
18. Weimar ISD shall ensure that each new Weimar ISD employee receives a copy of the procedures implemented pursuant to this Decree at the time of the new employee's hire. Each new employee shall sign an acknowledgment that he or she has read and understood such procedures, and the signed acknowledgment shall be placed in each new employee's personnel file.
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VI. TRAINING 19. No later than ninety (90) days after the date of entry of this Decree, Weimar ISD's
Superintendent, School Board, administrators, and other faculty and staff involved in the hiring and selection procedures for administrative and faculty positions, shall be provided with training by Weimar ISD on the law of equal employment opportunity, including but not limited to discrimination based on race. The training will include an explanation of Weimar lSD's complaint and investigation procedures, as set forth in paragraph 15. Weimar lSD will select, with the concurrence of the United States, a qualified individual or group of individuals to conduct the training outlined in this paragraph. The training shall be videotaped. The United States will review and approve any proposed training program prior to its administration.
20. Any member of a committee that participates in hiring or selection procedures, and who has not already received the training described in paragraph 19 prior to the committee commencing its role of making recommendations and providing assistance to the Superintendent regarding Weimar lSD's hiring and selection process, shall view a videotape of the training described in paragraph 19.
21. All persons who undergo training shall sign an acknowledgment of attendance for the training described in paragraph 19. Within ten (10) days ofsuch training, Weimar lSD shall provide the United States with written confirmation that the persons covered by paragraph 20 above attended this training. Weimar lSD will keep on file all signed acknowledgments for the duration of this Decree.
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VII. COMPLIANCE MONITORING 22. Weimar ISD shall retain during the term of this Decree all documents, in paper or
electronic form (including electronic mail), that come into its possession and that are: (a) related
to complaints of race discrimination or retaliation (formal or informal) made by employees or applicants for employment against Weimar ISD; (b) related to selection and hiring procedures for administrative and faculty positions, inc1udingjob announcements, applications for employment,
and the names and contact information for all individuals who are involved any such selection or hiring process in Weimar ISD; and (c) related to the training provided for under this Decree.
23. The United States may review compliance with this Decree at anytime. As part of that review, Weimar ISD shall provide copies of any documents relevant to Weimar lSD's
compliance with this Decree upon the request of the United States, including but not limited to the documents described in paragraph 22.
VIII. NOTIFICATION OF THE PARTIES 24. All documents required to be delivered under this Decree to the United States
shall be sent to the following address if sent by U. S. mail: Chief Employment Litigation Section Civil Rights Division United States Department of Justice 950 Pennsylvania Avenue, NW PHB 4040 Washington, DC 20530
Documents sent by overnight delivery service should be sent to the following address:
Chief Employment Litigation Section Civil Rights Division United States Department of Justice
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601 D Street, NW, Room 4040 Washington, DC 20004 25. All documents required to be delivered under this Decree to Weimar ISD shall be sent to the attention of: Cobby A. Caputo Bickerstaff, Heath, Smiley, Pollan,
Kever & McDaniel, L.L.P. 816 Congress Avenue, Suite 1700 Austin, TX 78701 Weimar ISD shall promptly notify the Department if there is a change in counselor other person it wishes to receive documents.
VIll. JURISDICTION OF THE COURT 26. The Court shall maintain jurisdiction of the matters covered by this Decree for a
period of two (2) years from the date of entry of this Decree. This Decree shall expire without further order of this Court two (2) years from the date of entry.
27. If a dispute arises concerning compliance with this Decree, 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 party at least fourteen (14) days in advance of any intended filing with the. Court.
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AGREED AND CONSENTED TO:

On behalf of PlaintiffUnited States of America
BRADLEY 1. SCHLOZMAN Acting Assistant Attorney General
~~
~~l DAVIDJ.PALM~
Chief JODI B. DANIS Deputy Chief LOUIS LOPEZ (DC Bar No. 416662) Senior Trial Attorney United States Department of Justice Civil Rights Division Employment Litigation Section 950 Pennsylvania Avenue, NW Washington, DC 20530

Dated: _ _b..:...h_-l...-.!.I_u_D_t_ :; _ __

On behalf of Defendant Weimar Independent School District

CaBBY A. CAPUTO (Tex. Bar No. 03784650~ S.D. Tex. No. 17885) Bickerstaff, Heath, Smiley, Pollan,
Kever & McDaniel, L.L.P. 816 Congress Avenue, Suite 1700 Austin, TX 78701

Dated: t-2/-0S --~----------------

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APPENDIX A

VIA CERTIFIED MAIL RETURN RECEIPT REQUESTED

[Date]

Jill K. Steward-Trier in care of Pamela M. Carroll, Esq. Attorney at Law 12660 Stafford Road, Suite 825 Stafford, TX 77477

Re: United States of America v. Weimar lSD, No.

(S.D. Tex.)

Dear Ms. Steward-Trier:

The United States, by the Department of Justice, and Weimar Independent School District

("Weimar ISD") have entered into a Consent Decree settling the case of United States of

America v. Weimar lSD, No.

(S.D. Tex.). A copy ofthe Consent Decree, which

was approved and entered by the Court on

[date], is enclosed.

Pursuant to the Consent Decree, Weimar ISD is offering to do the following:

1. Pay you a total monetary award (inclusive ofattomey's fees) of $64,000.00, of which $30,000.00 shallbe attributed to non-pecuniary compensatory damages.

2. Agree that if you apply for employment with Weimar ISD in the future, your application will be given fair, objective, non-retaliatory and non-discriminatory consideration.

In order to accept Weimar lSD's offer, you must execute the enclosed Individual Relief and Release of Claims form and return it, within thirty (30) days of your receipt of this letter, to Weimar lSD's counsel at:

Cobby A. Caputo Bickerstaff, Heath, Smiley, Pollan,
Kever & McDaniel, L.L.P. 816 Congress Avenue, Suite 1700 Austin, TX 78701

Weimar ISD will pay the entire monetary amount offered to you within fifteen (15) days of its receipt of your executed release.

If you decline the relief offered by Weimar lSD, Weimar ISD nevertheless will have satisfied its obligation to the United States pursuant to the Consent Decree, and the United States will not seek additional relief on your behalf.
If you have any questions concerning the Consent Decree or Weimar lSD's offer to you, you may contact the following Department of Justice attorney in Washington, DC:
Louis Lopez United States Department of Justice Civil Rights Division Employment Litigation Section 950 Pennsylvania Avenue, NW PHB - Room 4920 Washington, DC 20530 Telephone: (202) 353-1845
Sincerely,

Enclosures cc: Louis Lopez

Cobby A. Caputo Bickerstaff, Heath, Smiley, Pollan,
Kever & McDaniel, L.L.P. 816 Congress Avenue, Suite 1700 Austin, TX 78701

APPENDIXB

INDIVIDUAL RELIEF AND RELEASE OF CLAIMS

My name is Jill K. Steward-Trier. I do __ do not _ _ accept the monetary relief that

is being offered to me under the Consent Decree in United States of America v. Weimar lSD,

No.

(S.D. Tex.).

Date _ _ _ _ _ __

Signature _ _ _ _ _ _ _ _ _ _ _ _ __

IF YOU ARE ACCEPTING THE RELIEF, OR ANY PART OF THE RELIEF,

OFFERED TO YOU, YOU MUST COMPLETE THE REST OF THIS FORM, HAVE IT

NOTARIZED AND POST-MARKED BY

[DATE]. A pre-addressed

envelope is enclosed which you may use to return this form. You must return this form to the

address on the envelope within thirty (30) days of your receipt of this letter unless you show good

cause for not meeting this deadline. The envelope enclosing this form must be postmarked by

_ _ _ _ [date]. If you have any questions about how to complete this form, you may contact

Louis Lopez at the United States Department of Justice at (202) 353-1845.

RELEASE OF CLAIMS

For and in consideration of the acceptance of all or any part of the relief offered to me by

Weimar Independent School District ("Weimar ISD"), pursuant to the provisions of the Consent

Decree entered by the United States District Court on

[date] in United States of

America v. Weimar lSD, No.

(S.D. Tex.), I forever release and discharge Weimar

lSD, and all current, former' and future agents, employees, officials, designees, predecessors and

successors in interest from all legal and equitable claims, arising out of the Complaint filed in the

above-captioned civil action and EEOC charge no.

accruing prior to the date

of this release.

I understand that the relief to be given to me, including the payment to me of any monetary amount, does not constitute an admission by Weimar lSD of the validity of any claim raised by me or on my behalf, nor does it constitute a finding of any wrongdoing or violation of any applicable federal law or regulation.

This release constitutes the entire agreement between Weimar ISD and myself, without exception or exclusion.

I aclmowledge that a copy of the Consent Decree in this action bas been made available to me for my review.
I HAVE READ THIS RELEASE AND UNDERSTAND THE CONTENTS THEREOF, AND I EXECUTE THIS RELEASE OF MY OWN FREE ACT AND DEED.
Signed this _ _ day of_ _ _ _ _ _ _, 2005.

Signature Social Security No.:

Subscribed and sworn to before me this

_ _ day of

, 2005

Notary Public My Commission expires: _ _ _ __

 
 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION

UNITED STATES OF AMERICA, Plaintiff,
v. WEIMAR JNDEPENDENT SCHOOL DISTRICT,
Defendant.

Civil Action No. - - - - -

JOINT UNOPPOSED MOTION FOR APPROVAL AND ENTRY OF CONSENT DECREE PlaintiffUnited States of America ("United States") and Defendant Weimar Independent School District ("Weimar ISD") jointly move the Court for the entry ofthe Consent Decree between the United States and Weimar lSD, submitted herewith. The Consent Decree, if entered by the Court, will resolve all issues raised in the Complaint. Because the Consent Decree requires Weimar ISD to perform certain acts in the future, Plaintiff and Defendant move this Court to retain jurisdiction over the United States' action while the Consent Decree remains in effect, although the case may be administratively closed. The United States and the Weimar ISD agree to bear their own costs and attorneys' fees accrued to date.

DAVID J. PALMER Chief JODI B. DANIS Deputy Chief LOUIS LOPEZ (DC Bar No. 416662) Senior Trial Attorney U.S. Department of Justice Civil Rights Division Employment Litigation Section 950 Pennsylvania Avenue, NW Patrick Henry Building, Room 4920 Washington, DC 20530 (202) 353-1845 Counsel for Plaintiff United States of America
COBBY A. CAPUTO (Tex. Bar No. 03784650; S.D. Tex. No. 17885) Bickerstaff, Heath, Smiley, Pollan,
Kever & MCDaniel, L.L.P. 816 Congress Avenue, Suite 1700 Austin, TX 78701 (512) 472-8021 Counsel for Defendant Weimar Independent School District
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 U.S. District Court SOUTHERN DISTRICT OF TEXAS (Houston) CIVIL DOCKET FOR CASE #: 4:05-cv-02160

CLOSED

United States Of America v. Weimar Independent School District Assigned to: Judge Lee H Rosenthal Cause: 42:2000e Job Discrimination (Employment)

Date Filed: 06/23/2005 Date Terminated: 06/27/2005 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

Plaintiff United States of America

represented by Louis Lopez United States Department of Justice PHB Room 4920 950 Pennsylvania Ave, NW Washington, DC 20530 202-353-1845 Fax: 202-514-1105 Email: louis.lopez@usdoj.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

V.
Defendant
Weimar Independent School District

Date Filed 06/23/2005
06/23/2005

#

Docket Text

1 COMPLAINT against Weimer Independent School District (Filing fee $ 250) filed by United States Of America.(Lopez, Louis) (Entered: 06/23/2005)

2 Joint MOTION for Approval of and Entry of Consent Decree by all parties, filed. Motion Docket Date 7/13/2005. (Attachments:

06/23/2005 06/23/2005 06/24/2005 06/27/2005
06/27/2005

# 1 # 2)(Lopez, Louis) (Entered: 06/23/2005)
3 CERTIFICATE OF SERVICE of 1 Complaint, 2 Joint MOTION for Approval of and Entry of Consent Decree by United States Of America, filed.(Lopez, Louis) (Entered: 06/23/2005)
4 ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Initial Conference set for 10/28/2005 at 08:45 AM in Courtroom 11B before Judge Lee H Rosenthal. Parties notified. (mmapps, ) (Entered: 06/23/2005)
Fee waived re: 1 Complaint , filed. (agould, ) (Entered: 06/24/2005)
5 ORDER granting the 2 Joint Motion for Approval and Entry of Consent Decree. The Consent Decree resolves all issues raised in the United States' complaint. This Court shall retain jurisdiction over the United States' action while the Consent Decree remains in effect, although the case shall remain administratively closed.( Signed by Judge Lee H Rosenthal ) Parties notified.(psmith, ) (Entered: 06/27/2005)
6 CONSENT DECREE.( Signed by Judge Lee H Rosenthal ) Parties notified.(psmith, ) (Entered: 06/27/2005)