U.S. v. Calcasieu Parish Complaint

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IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF LOUISIANA
LAKE CHARLES DIVISION

UNITED STATES OF AMERICA,

Civil Action No.

Plaintiff,
v.
CALCASIEU PARISH SCHOOL BOARD,
Defendant. Complaint
Plaintiff, the 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. § 2000e, et seq
2. The Court has jurisdiction of this action under 42 U.S.C. § 2000e-5(f) and 28 U.S.C. §§ 1331 & 1345.
3. Defendant Calcasieu Parish School Board ("School Board") is a corporate, governmental body created pursuant to the laws of the State of Louisiana and is charged with maintaining parish public schools in Calcasieu Parish, Louisiana.
4. The School Board 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. The School Board has discriminated against Dorenda Turner in violation of Section 703(a) of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e-2(a), by failing or refusing to select her in June 1994 for an assistant principal position at Lake Charles Boston High School in Lake Charles, Louisiana, because of her sex.

6. The Equal Employment Opportunity Commission ("EEOC") received a timely charge of discrimination filed by Dorenda Turner on or about April 11, 1995, in which she alleged she had been discriminated against by the School Board by its failure to select her, because of her sex, to fill the June 1994 assistant principal opening at Lake Charles Boston High School. In accordance with 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 filed by Ms. Turner and found reasonable cause to believe that she was not selected for this position because of her sex. The EEOC attempted unsuccessfully to achieve through conciliation a voluntary resolution of the matter, and subsequently referred the matter to the Department of Justice.

7. All conditions precedent to filing suit have been performed or have occurred.

WHEREFORE, the United States prays that the Court grant the following relief:
(a) Enjoin the School Board from failing or refusing to provide sufficient equitable relief to make whole Dorenda Turner for the loss she has suffered as a result of the discrimination against her as alleged in this Complaint; and,

http://www.usdoj.gov/crt/emp/documents/calcascomp.htm

8/13/2007

U.S. v. Calcasieu Parish Complaint

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(b) Award compensatory damages to Dorenda Turner as would fully compensate her for injuries caused by the discrimination against her as alleged in this Complaint, pursuant to and within the statutory limitations of Section 102 of the Civil Rights Act of 1991, 42 U.S.C. § 1981a;
(c) Enjoin the School Board from failing to take appropriate measures to ensure individuals are selected for employment opportunities without regard to their sex, in compliance with Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e, et seq.
The United States prays for such additional relief as justice may require, together with its costs and disbursements in this action.
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. § 1981a.
JANET RENO ATTORNEY GENERAL _____________________ BILL LANN LEE Acting Assistant Attorney Civil Rights Division _______________________ WILLIAM B. FENTON Deputy Section Chief
STEPHEN J. CURRAN Trial Attorney Employment Litigation Section Civil Rights Division U.S. Department of Justice P.O. Box 65968 Washington, D.C. 20035-5968 (202) 514-4762 (202) 514-1005 (telefacsimile)
WILLIAM J. FLANAGAN United States Attorney General
JANICE E. HEBERT Assistant U.S. Attorney 800 Lafayette Street, Suite 2200 Lafayette, Louisiana 70501 (318) 262-6618

http://www.usdoj.gov/crt/emp/documents/calcascomp.htm

8/13/2007

 
 Case 2:00-cv-02178-JTT-APW Document 3 Filed 09/28/2000 Page 1 of 12

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF LOUISIANA
LAKE CHARLES DIVISION

SEP ~~ 8 2000

UNITED STATES OF AMERICA, Plaintiff, v.
CALCASIEU PARISH SCHOOL BOARD, Defendant.

.JUDGE TRJMSL! MAGISrRAr~ JUDG~ WfLSOrv

CONSENT DECREE 1. This action was brought by the United States against the Calcasieu Parish School Board ("School Board") to enforce the provisions of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e, et seq. ("Title VII"), following receipt by the Department of Justice from the Equal Employment Opportunity Commission ("EEOC") of EEOC Charge Numbe:rs 270-95-1119 & 270-99-0499 filed by Dorenda Turner. 2. In its complaint, the United States alleges that the School Board has discriminated against Dorenda Turner in violation of Section 703(a) of Title VII, 42 U.S.C. § 2000e-2(a)" by failing or refusing to select her in June 1994 for an assistant principal position at Lake Charles Boston High School in Lake Charles, Louisiana, because of her sex. This allegation corresponds to the allegations contained in EEOC Charge Number 270-95-1119. In EEOC Charge Number 270-99-0499, Ms. Turner also alleges the School Board retaliated against her for filing EEOC Charge Number 270-95-1119. 3. The School Board denies that it has discriminated against Ms. Turner on the basis of

Case 2:00-cv-02178-JTT-APW Document 3 Filed 09/28/2000 Page 2 of 12

-2her sex or retaliated against her in violation of Title VII.

4. The Court has jurisdiction over the parties and the subject matter of this action, -venue

is proper, and all administrative prerequisites have been met.

5. This consent decree constitutes the complete agreement between the parties with

respect to the matters referred to herein, resolves all issues raised in the complaint filed by the

United States in this case, and is final and binding between the parties as to the issues raised in

the complaint. No waiver, modification or amendment of any provision of this consent decree

shall be effective unless agreed to in writing by the parties and approved by the Court or ordered

by the Court.

6. The parties hereby waive, for the purposes of this consent decree only, hearings and

findings of fact and conclusions of law on all issues.

7. This consent decree does not constitute an adjudication or finding on the merits of the

case, nor is it an admission by the School Board or a finding of any wrongdoing or violation of

any applicable federal or state law or regulation.

A.

GENERAL RELIEF

8. The School Board by and through its officials, agents, employees and all persons in

active concert or participation with the School Board in the performance of employment or

personnel functions shall not engage in any act or practice that has the purpose or effect of

unlawfully discriminating against any employee because of that employee's sex, including, but

not limited to, the selection of individuals for employment opportunities based on their sex.

9. The School Board by and through its officials, agents, employees and all persons in

active concert or participation with the School Board in the performance of employment or

Case 2:00-cv-02178-JTT-APW Document 3 Filed 09/28/2000 Page 3 of 12

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personnel functions shall not retaliate against any person because that person formally or

informally has complained of or otherwise opposed an allegedly discriminatory employment

policy or practice, filed a charge with the EEOC or any state or local fair employment practices

agency, or participated or cooperated in any proceeding under Title VII, inCluding, but not

limited to, the initiation, investigation, litigation, or administration of this case or this const:mt

decree.

B.

SPECIFIC RELIEF

In settlement of the claims of the United States for relief on behalf of Dorenda Turner, as

well as in settlement of the claims of Ms. Turner if she accepts the relief provided her by this

decree, the School Board agrees to do the following:

10. The School Board shall offer Ms. Turner a monetary award of $80,000. The School

Board shall inform Ms. Turner in its notice letter to her (attached as Appendix A) that all o:r part

of this award may be subject to federal income tax.

11. In order to accept the relief offered to her by the School Board under this consent

decree, Dorenda Turner must execute the release form attached as Appendix B to this consent

decree.

12. The School Board shall notify Ms. Turner of the terms ofthis consent decree within

ten (10) days after it is entered by the parties by mailing to her by certified mail, in care of her

attorney, return receipt requested, a copy of the letter set forth in Appendix A, a copy of this

consent decree, and a copy of the release form attached as Appendix B. The letter set forth in

Appendix A will advise Ms. Turner that, to accept the relief offered to her or any part of it, she

must return the executed release form to the School Board within forty-five (45) days of her

________________._____________." ___.c__"""""

Case 2:00-cv-02178-JTT-APW Document 3 Filed 09/28/2000 Page 4 of 12
-4 receipt of the letter set forth in Appendix A unless she shows good cause for failing to do so.
13. The School Board shall pay the monetary award pursuant to Paragraph 10, above, to Dorenda Turner, in care of her attorney, within ten (10) days after its receipt of the executed Appendix B release form.
c. TRAINING
14. The School Board shall provide employment-discrimination awareness training to all supervisory and management personnel, as well as to any other individuals employed by the School Board who participate in the process by which individuals are selected for employment by the School Board, according to the following terms:
(a) The training session will include at least two (2) hours of instruction. (b) The training will include the following topics: what constitutes employment
discrimination in violation of Title VII; how to prevent, identify and remedy employment discrimination; what constitutes retaliation in violation of Title VII; the School Board's policy against employment discrimination and retaliation; and implementation of the School Board's policy against employment discrimination, including procedures and responsibilities for reporting, investigating and remedying conduct an employee believes may constitute employment discrimination. (c) The School Board willl retain a consultant/trainer who will conduct the training seSSIOn. (d) Within thirty (30) days after execution of this consent decree by the parties, the School Board shall submit to the United States the name, address, telephom:

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-5number and resume of the proposed consultant/trainer together with the date of

the proposed training session and a detailed outline of the proposed training. The

United States will hav~~ thirty (30) days after the date of receipt of such

information to accept or reject the training proposal. The United States will not

umeasonably withhold its approval of the proposal. lfthe United States does not

approve the consultant/trainer designated by the School Board and/or the contents

of the training session, the parties shall attempt to resolve the matter and, if

unsuccessful, submit the dispute to the Court pursuant to paragraph 18 of this

consent decree.

(e) The training session will be conducted within ninety (90) days after the date of the

entry of this consent d,ecree by the Court.

(f) The School Board will prepare and maintain a videotape of the training session.

Within thirty (30) days after the date of the training session, the School Board will

show the videotape to any employee who should have received training under this

paragraph but was una.ble, despite good faith efforts, to attend the training session.

Additionally, the School Board will require that each individual who begins

working in the School Board as a supervisory or management employee, principal

or assistant principal after the date of the training session watch the videotape

within thirty (30) days thereafter.

D.

RECORD KEEPING AND REPORTING

15. The School Board shall make and maintain records of each complaint of employment

discrimination received during the term of this consent decree (including, the name and job title

Case 2:00-cv-02178-JTT-APW Document 3 Filed 09/28/2000 Page 6 of 12

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of the individual receiving the complaint, the name of the complainant, the name of the alleged

discriminator, the date of the complaint and of the discrimination, and a brief description of the

discrimination alleged), of all investigative actions taken in response, of any findings or

conclusions regarding the complaint, and of all remedial actions taken.

16. The School Board shall make the records maintained pursuant to paragraph 15,

above, as well as any other records reasonably requested by the United States in order to

investigate or verify compliance with this consent decree, available to the United States upon

request.

17. The School Board shall provide semi-annual compliance reports to the United States.

Each report shall list (by date of complaint and name and job title of complainant) and briefly

describe all complaints of employment discrimination received during the preceding six-month

period. Additionally, each report shall identify (by name and job title) each individual who

received live or videotaped employment discrimination training pursuant to paragraph 14 of this

consent decree during the preceding six-month period. The first such report will be due three (3)

months after the entry ofthis consent decree by the Court, and the last will be due three (3)

months prior to the expiration of the consent decree pursuant to paragraph 21, below.

E.

IMPLEMENTATION

18. The parties shall attempt to resolve informally any disputes that may occur under this

consent decree. If the parties are unable to reach agreement within thirty (30) days after a matter

has been brought to the attention of one of the parties by the other, the issue may be submitted by

either party to the Court for resolution.

19. All documents required to be delivered under this decree to the United States shall be

- -_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _'_ _ _ _ _ _ _ _ _ _ _.__.•_• _ "_"'_".'=,'~=M_'._"'~ __••_ _ _ _•____,_'*____m__" _______•_ _ _ ___

Case 2:00-cv-02178-JTT-APW Document 3 Filed 09/28/2000 Page 7 of 12
-7sent to the following address: Stephen J. Curran, Trial Attorney, Employment Litigation Section" Civil Rights Division, U. S. Department of Justice, P. O. Box 65968, Washington, D. C. 200355968 or such other address as the United States shall provide to the School Board in writing.
20. The Court shall retain jurisdiction of this action during the term ofthe consent decree for the purpose of enforcing the consent decree, resolving any disputes that may arise between the parties under the consent decree and entering such orders as may be appropriate.
21. This consent decree shall terminate three (3) years after the date of its entry, unless the parties have agreed in writing to extend the term ofthe consent decree, the Court has ordered an extension of the term of the consent decree, or an issue has been submitted to the Court for resolution pursuant to paragraph 18 of this consent decree and has not yet been resolved.
22. In the event that an issue has been submitted to the Court for resolution pursuant to paragraph 18 of this consent decree and has not yet been resolved, the consent decree shall remain in effect until the issue is resolved. \\\ \\\ \\\ \\\ \\\ \\\ \\\ \\\

Case 2:00-cv-02178-JTT-APW Document 3 Filed 09/28/2000 Page 8 of 12

AGREED TO:
For the Calcasieu Parish School Board:
By:
~e~
President Calcasieu Parish School Board
Dated: 9 - d (). - 00
Dated: ')L:~
JAMp)'SPRUECJi.'
Assistant District Attorney Fourteenth Judicial District,
Calcasieu Parish 1020 Ryan Street Lake Charles, Louisiana 70601 (318) 437-3400
Dated: 1-;}c:t- -cO

-8 -
For the United States Department Of Justice:
BILL LANN LEE Assistant Attorney General
By:: Wn:- ~AMOB. F~ ENT~ ON
STEPHEN J. CURRAN Attorneys Employment Litigation Section Civil Rights Division U.S. Department of Justice P.O. Box 65968 Washington, D.C. 20035-5968 (202) 307-3925 (202) 514-4762
6 Dated: t /1'1 0
~<!.~ 1\NICE E. HEBERT Assistant U.S. Attorney 800 Lafayette Street, Suite 2200 Lafayette, Louisiana 70501 (318) 262-6618 Dated: ~ht' ?

Case 2:00-cv-02178-JTT-APW Document 3 Filed 09/28/2000 Page 9 of 12
" .

"

-9-

~

q ___-t:~'\

DONE and ORDERED this ). <"j day ofIYJ' ,2000.

COpy SENT
DATE--q --~~~-~-p"~"_ -_-.~~
BY ____ ~. ____.._ . TO ~""U11lJ\______
~

Case 2:00-cv-02178-JTT-APW Document 3 Filed 09/28/2000 Page 10 of 12
"APPENDIX A
NOTICE LETTER
Ms. Dorenda Turner in care of Lonnie Smith, Esq. 918 Moss Street Lake Charles, Louisiana 70601-5338
Dear Ms. Turner:
A consent decree has been entlered settling a complaint of employment discrimination filed by the United States against the Calcasieu Parish School Board.
Under the terms ofthe consent decree in the case of United States v. Calcasieu Parish School Board, Civil Action No. ___ (W.D. La.), a copy of which is enclosed, you are hieing offered a monetary award of $80,000. All or part of this award may be subject to federal income tax.
The above relief is being offered to you on the following condition: in order to accept the relief offered, the School Board will require that you release it from all employment discrimination claims you may presently have against it arising out of the above referenced case and EEOC Charge Nos. 270-95-1119 and 270-99-0499. To accept the relief offered, you must complete the enclosed Release form and return it to:
Mr. James Spruel, Jr. Assistant District Attorney Fourteenth Judicial District, Calcasieu Parish 1020 Ryan Street Lake Charles, Louisiana 70601 (318) 437-3400
The release form must be signed and returned within forty-five (45) days of your receipt of this letter. The release may be returned by mail or in person. In either case, the release must be signed in the presence of a notary public and thereafter notarized before you return it.
IF YOU FAIL TO SIGN AND SUBMIT THE RELEASE FORl\fWITHIN FORTYFIVE (45) DAYS FROM YOUR RECEIPT OF THIS NOTICE LETTER, YOU WILL FORFEIT YOUR RIGHTS TO ANY MONETARYA WARD 9R OTHER RELIEF UNDER THIS CONSENT DECREE, UNLESS YOU CAN SHOW GOOD CAUSE FOR YOUR FAILURE TO DO SO WITHIN A REASONABLE TIME THEREAFTER.

Case 2:00-cv-02178-JTT-APW Document 3 Filed 09/28/2000 Page 11 of 12
..
-2 Payment to you of the monetary award will be made within ten (10) days after receipt by the undersigned of your signed Release. If you have any questions concerning this settlement, you may contact Stephen J. Curran, attorney for the United States Department of Justice at (202) 514-4762.
Sincerely,
~jj _-AT-
eprtef.l/
Attorney for Defendant
Enclosure

Case 2:00-cv-02178-JTT-APW Document 3 Filed 09/28/2000 Page 12 of 12

ApPENDIXB

RELEASE

United States v. Calcasieu Parish School Board Civil Action No.

STATE OF LOUISIANA

Calcasieu Parish

For and in consideration of the: acceptance of the relief offered me pursuant to the

provisions of the consent decree entered in United States v. Calcasieu Parish School Board, Civil

Action No.

(W.D. La.), I, Dorenda Turner, hereby release and forever discharge the

Defendant Calcasieu Parish School Board, employees and agents, of and from all legal and

equitable claims arising out ofthat action and EEOC Charge Nos. 270-95-1119 and 270-99-

0499.

I understand that the relief offered to me by Defendant Calcasieu Parish School Board in consideration for this release does not constitute an admission by any of the parties released of the validity of any claim raised by me or on my behalf.

This release constitutes the entire agreement between Defendant Calcasieu Parish Sehool Board and myself, without exception or exclusion.

I acknowledge that a copy of the consent decree in this action has been made available to me.

I HAVE READ THIS RELEASE AND UNDERSTAND THE CONTENTS THEREOF, AND I EXECUTE THl[S RELEASE OF MY OWN FREE ACT AND DEED.

Signed this _ _ day of ._ _ _ _ _ _, 2000.

Dorenda Turner Subscribed and Sworn to before me this _ _ day of ________, 2000.
NOTARY PUBLIC My commission expires:

 
 U.S. District Court Western District of Louisiana (Lake Charles) CIVIL DOCKET FOR CASE #: 2:00-cv-02178-JTT-APW

U S A v. Calcasieu Parish Assigned to: Judge James T Trimble, Jr Referred to: Honorable Alonzo P Wilson Demand: $0 Cause: 42:2000 Job Discrimination (Sex)

Date Filed: 09/25/2000 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

Plaintiff United States of America

represented by Janice E Hebert U S Attorneys Office (LAF) 800 Lafayette St Ste 2200 Lafayette, LA 70501 337-262-6618 Fax: 337-262-6693 Email: janice.hebert@usdoj.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Katherine W Vincent U S Attorneys Office (LAF) 800 Lafayette St Ste 2200 Lafayette, LA 70501 337-262-6618 Fax: 337-262-6693 Email: katherine.vincent@usdoj.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Stephen J Curran U S Dept of Justice 950 Constitution Ave N W Rm 4912 Washington, DC 20530 202-514-4762 Fax: 202-514-1005 ATTORNEY TO BE NOTICED

William J Flanagan U S Attorneys Office (SHV) 300 Fannin St Ste 3201 Shreveport, LA 71101-3068 318-676-3600 Fax: 318-676-3654

V. Defendant School Board of Calcasieu Parish

Email: william.flanagan@usdoj.gov ATTORNEY TO BE NOTICED
represented by James Spruel, Jr D A's Office 14th J D C P O Box 3206 Lake Charles, LA 70602 337-437-3400 Fax: 337-437-3325 Email: jspruel@cpdao.org LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed 09/25/2000 09/25/2000
09/25/2000 09/25/2000
09/28/2000

#

Docket Text

USA Plaintiff; Amount of fee $0. (Roaix, G) (Entered: 09/25/2000)

CASE ASSIGNED to Magistrate Judge Alonzo P Wilson for Discovery (Dean, S) (Entered: 09/26/2000)

1 COMPLAINT filed; jury demand (Dean, S) (Entered: 09/26/2000)

2 MOTION by U S A, School Board of Calcasieu Parish for entry of consent decree with Proposed Order referred to Judge James T Trimble Jr (Dean, S) (Entered: 09/26/2000)

3 CONSENT DECREE w/ Notice Letter and Release granting [2-1] motion for entry of consent decree. This Consent Decree resolves all issues raised in the complaint, and is final and binding between the parties as to the issues raised in the complaint. No waiver, modification or amendment of any provision of this consent decree shall be effective unless agreed to in writing by parties and approved by the Court or ordered by the Court. This Consent Decree does not constitute an adjudication or finding on the merits of the case, nor is it an admission the School Board or a finding of any wrongdoing or of any applicable federal or state law or regulation. The Court will retain jurisdiction over the United States' complaint for a period of three years from the date the decree is entered. As required by the decree, the parties will attempt in good faith to resolve any dispute that may occur regarding the decree before moving the Court for resolution. (signed by Judge James T Trimble Jr) NOE by: tsb/dmn (former employee) Modified on 10/03/2000 (Entered: 10/03/2000)

09/28/2000 12/03/2001 06/04/2002
06/06/2002

Case closed (former employee) (Entered: 10/03/2000)
4 LETTER by Stephen J Curran to Clerk of Court regarding a change of address for Washington D C based counsel for the United States (copy sent to Stephanie Alvarez) (Thigpen, M) (Entered: 12/03/2001)
5 MOTION by U S A to substitute attorney Katherine W Vincent for Janice E Hebert as counsel of record for U S A with Proposed Order referred to Magistrate Judge Alonzo P Wilson (former employee) (Entered: 06/05/2002)
6 ORDER granting [5-1] motion to substitute attorney Katherine W Vincent for Janice E Hebert as counsel of record for U S A (added Katherine W Vincent) (signed by Magistrate Judge Alonzo P Wilson) NOE by: dmn (former employee) (Entered: 06/07/2002)