F~ t t~ ~~: [)
IN THE UNITED STATES DISTRICT COURT t .'-" (~~ r I:>: ,r O,\l,?,'~;-l

FOR THE SOUTHERN DISTRICT OF INDIANA

INDIANAPOLIS DIVISION

02 SEP 30 pr'1 3: 49

EQUAL EMPLOYMENT OPPORTUNITY

)

COMMISSION,

)

)

Plaintiff,

)

)

v.

)

)

CITY OF INDIANAPOLIS,

)

)

Defendant.

)

-------------------------------)

L:\U.;

," I ,-

Jt..

!'.-"T'-:

1",1,. ",

CIVIL ACTION NO.
1:02-CV- 1499
- COMPLAINT
JURY TRIAL DEMAND

DFH

NATURE OF THE ACTION

This is an action under the Equal Pay Act of 1963 to restrain the unlawful payment of

wages to employees of one sex at rates less than the rates paid to employees of the opposite sex,

and to collect back wages due to employees as a result of such unlawful payments. As alleged in

more particularity in paragraphs 8, 9, and 10 below, the Commission alleges that the City of

Indianapolis pays its female dispatchers in the Department of Public Works at wage rates which

are less than the rates paid to male employees performing substantially equal work.

JURISDICTION AND VENUE

1. Jurisdiction of this Court is invoked pursuant to 28 U.S.C. §§ 451, 1331, 1337,

1343, and 1345. This action is authorized and instituted pursuant to Sections 16(c) and 17 of the

Fair Labor Standards Act of 1938 (the "FLSA"), as amended, 29 U.S.C. §§ 216(c) and 217, to

enforce the requirements of the Equal Pay Act of 1963, codified as Section 6(d) of the FLSA,

29 U.S.C. § 206(d).

2. The employment practices alleged to be unlawful were and are being committed

within the jurisdiction of the United States District Court for the Southern District of Indiana,

Indianapolis Division.
I

PARTIES 3. Plaintiff, the Equal Employment Opportunity Commission (the "Commission"), is the agency of the United States of America charged with the administration, interpretation, and enforcement of the Equal Pay Act and is expressly authorized to bring this action by Sections 16(c) and 17 of the FLSA, 29 U.S.C. §§ 216(c) and 217, as amended by Section 1 ofReorganization Plan No.1 of 1978,92 Stat. 3781, and by Public Law 98-532 (1984),98 Stat. 2705. 4. At all relevant times, Defendant City of Indianapolis (the "City") has continuously been a political subdivision of the State of Indiana. 5. At all relevant times, Defendant City has continuously been a public agency within the meaning of Section 3(x) of the FLSA, 29 U.S.C. § 203(x). 6. At all relevant times, Defendant City has acted directly or indirectly as an employer in relation to employees and has continuously been an employer within the meaning of Section 3(d) of the FLSA, 29 U.S.C. § 203(d). 7. At all relevant times, Defendant City has continuously been an enterprise engaged in commerce or in the production of goods for commerce within the meaning of Sections 3(r) and (s) of the FLSA, 29 U.S.C. §§ 203(r) and (s), in that said enterprise has continuously been an activity of a public agency.
STATEMENT OF CLAIMS 8. Since at least August 27, 1999, Defendant City has violated Sections 6(d)(1) and 15(a)(2) of the FLSA, 29 U.S.C. §§ 206(d)(I) and 215(a)(2), by paying wages to its female dispatchers, in the Department of Public Works, at rates less than the rates paid to male employees in the same establishment for substantially equal work onjobs the performance of
2

which requires equal skill, effort, and responsibility, and which are performed under similar working conditions.
9. As a result of the acts complained of above, Defendant City unlawfully has withheld and is continuing to withhold the payment of wages due to Dorothy Etter, Kelley Lacey, Patti Means, Charline Polin, Janet Ridener, and any other women dispatchers who were or are being paid less than male dispatchers because of sex.
10. Since at least August 27, 1999, Defendant City has violated Sections 11(c) and 15(a)(5) of the FLSA, 29 U.S.C. §§ 211(c) and 215(a)(5), by failing to make and preserve records of the persons employed by it and of the wages, hours, and other conditions and practices of employment maintained by it, as prescribed by the Commission.
11. The unlawful practices complained of above in paragraphs 8 and 9 were and are willful.
PRAYER FOR RELIEF Wherefore, the Commission requests that this Court: A. Grant a permanent injunction enjoining the Defendant City, its officers, successors, assigns, and all persons in active concert or participation with it, from discriminating within any of its establishments between employees on the basis of sex by paying wages to employees of one sex at rates less than the rates at which it pays wages to employees of the opposite sex for substantially equal work on jobs the performance of which requires equal skill, effort, and responsibility, and which are performed under similar working conditions. B. Order Defendant City, in accordance with the provisions of Sections 11(c) and 15(a)(5) of the FLSA, 28 U.S.C. §§ 211(c) and 215(a)(5), to make and preserve records of the
3

persons employed by it and of the wages, hours, and other conditions and practices of employment maintained by it, as prescribed by the Commission.
C. Order Defendant City to institute and carry out policies, practices, and programs, which provide equal employment opportunities for women and which eradicate the effects of its past and present unlawful employment practices.
D. Grant a judgment requiring Defendant City to pay appropriate back wages in amounts to be determined at trial and an equal sum as liquidated damages or prejudgment interest in lieu thereof to employees whose wages are being unlawfully withheld as a result of the acts complained of above, including but not limited to Dorothy Etter, Kelley Lacey, Patti Means, Charline Polin, Janet Ridener, and any other women dispatchers who were or are being paid less than male dispatchers because of sex.
E. Grant such further relief as this Court deems necessary and proper in the public interest.
F. Award the Commission its costs of this action. JURY TRIAL DEMAND
The Commission requests a jury trial on all questions of fact raised by its complaint. Respectfully submitted, GWENDOLYN YOUNG REAMS Associate General Counsel
4

HELLE EISELE, #12070-49 Supervisory Trial Attorney
~lo£-~
Senior Trial Attorney EQUAL EMPLOYMENT OPPORTUNITY
COMMISSION Indianapolis District Office 101 W. Ohio Street, Suite 1900 Indianapolis IN 46204-4203 Tel. No. (317) 226-7204 Fax No. (317) 226-5571 E-mail: khird@EEOC.gov
5

 
 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF INDIANA
INDIANAPOLIS DIVISION

FILED

EQUAL EMPLOYMENT OPPORTUNITY

)

COMMISSION,

)

)

Plaintiff,

)

)

v.

)

)

CITY OF INDIANAPOLIS,

)

)

Defendant.

)

---------------------------------)

U S. DISTHICT COU~~
INDIANA?OLlS, INDIANA
CIVIL ACTION NO.
AMENDED COMPLAINT JURY TRIAL DEMAND

NATURE OF THE ACTION

This is an action under the Equal Pay Act of 1963 to restrain the unlawful payment of

wages to employees of one sex at rates less than the rates paid to employees of the opposite sex,

and to collect back wages due to employees as a result of such unlawful payments. As alleged in

more particularity in paragraphs 8, 9, and 10 below, the Commission alleges that the City of

Indianapolis pays its female dispatchers in the Department of Public Works at wage rates which

are less than the rates paid to male employees performing substantially equal work.

JURISDICTION AND VENUE

1. Jurisdiction of this Court is invoked pursuant to 28 U.S.C. §§ 451, 1331, 1337,

1343, and 1345. This action is authorized and instituted pursuant to Sections 16(c) and 17 of the

Fair Labor Standards Act of 1938 (the "FLSA"), as amended, 29 U.S.C. §§ 216(c) and 217, to

enforce the requirements of the Equal Pay Act of 1963, codified as Section 6(d) of the FLSA,

29 U.S.C. § 206(d).

2. The employment practices alleged to be unlawful were and are being committed within the jurisdiction of the United States District Court for the Southern District of Indiana, Indianapolis Division.
PARTIES 3. Plaintiff, the Equal Employment Opportunity Commission (the "Commission"), is the agency of the United States of America charged with the administration, interpretation, and enforcement of the Equal Pay Act and is expressly authorized to bring this action by Sections 16(c) and 17 of the FLSA, 29 U.S.C. §§ 216(c) and 217, as amended by Section 1 ofReorganization Plan No.1 of 1978,92 Stat. 3781, and by Public Law 98-532 (1984),98 Stat. 2705. 4. At all relevant times, Defendant City of Indianapolis (the "City") has continuously been a political subdivision of the State of Indiana. 5. At all relevant times, Defendant City has continuously been a public agency within the meaning of Section 3(x) of the FLSA, 29 U.S.C. § 203(x). 6. At all relevant times, Defendant City has acted directly or indirectly as an employer in relation to employees and has continuously been an employer within the meaning of Section 3(d) of the FLSA, 29 U.S.C. § 203(d). 7. At all relevant times, Defendant City has continuously been an enterprise engaged in commerce or in the production of goods for commerce within the meaning of Sections 3(r) and (s) of the FLSA, 29 U.S.C. §§ 203(r) and (s), in that said enterprise has continuously been an activity of a public agency.
2

STATEMENT OF CLAIMS 8. Since at least August 27, 1999, Defendant City has violated Sections 6(d)(I) and IS(a)(2) of the FLSA, 29 U.S.C. §§ 206(d)(l) and 21S(a)(2), by paying wages to its female dispatchers, in the Department of Public Works, at rates less than the rates paid to male employees in the same establishment for substantially equal work onjobs the performance of which requires equal skill, effort, and responsibility, and which are performed under similar working conditions. 9. As a result of the acts complained of above, Defendant City unlawfully has withheld and is continuing to withhold the payment of wages due to Dorothy Etter, Kelley Lacey, Patti Means, Charline Polin, and any other women dispatchers who were or are being paid less than male dispatchers because of sex. 10. Since at least August 27,1999, Defendant City has violated Sections II(c) and IS(a)(S) of the FLSA, 29 U.S.C. §§ 211(c) and 21S(a)(S), by failing to make and preserve records of the persons employed by it and of the wages, hours, and other conditions and practices of employment maintained by it, as prescribed by the Commission. 11. The unlawful practices complained of above in paragraphs 8 and 9 were and are willful.
PRAYER FOR RELIEF Wherefore, the Commission requests that this Court: A. Grant a permanent injunction enjoining the Defendant City, its officers, successors, assigns, and all persons in active concert or participation with it, from discriminating within any of its establishments between employees on the basis of sex by paying wages to
3

employees of one sex at rates less than the rates at which it pays wages to employees of the opposite sex for substantially equal work on jobs the performance of which requires equal skill, effort, and responsibility, and which are performed under similar working conditions.
B. Order Defendant City, in accordance with the provisions of Sections 11 (c) and 15(a)(5) of the FLSA, 28 U.S.C. §§ 211(c) and 215(a)(5), to make and preserve records of the persons employed by it and of the wages, hours, and other conditions and practices of employment maintained by it, as prescribed by the Commission.
C. Order Defendant City to institute and carry out policies, practices, and programs, which provide equal employment opportunities for women and which eradicate the effects of its past and present unlawful employment practices.
D. Grant a judgment requiring Defendant City to pay appropriate back wages in amounts to be determined at trial and an equal sum as liquidated damages or prejudgment interest in lieu thereof to employees whose wages are being unlawfully withheld as a result of the acts complained of above, including but not limited to Dorothy Etter, Kelley Lacey, Patti Means, Charline Polin, and any other women dispatchers who were or are being paid less than male dispatchers because of sex.
E. Grant such further relief as this Court deems necessary and proper in the public interest.
F. Award the Commission its costs of this action.
4

JURY TRIAL DEMAND The Commission requests a jury trial on all questions of fact raised by its complaint.
Respectfully submitted, GWENDOLYN YOUNG REAMS Associate General Counsel
]k&JJL 2~ MI HELLE EISELE, #12070-49 Supervisory Trial Attorney
~~~lo7s~L
Senior Trial Attorney EQUAL EMPLOYMENT OPPORTUNITY
COMMISSION Indianapolis District Office 101 W. Ohio Street, Suite 1900 Indianapolis IN 46204-4203 Tel. No. (317) 226-7204 Fax No. (317) 226-5571 E-mail: kbird@EEOC.gov
5

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF INDIANA
INDIANAPOLIS DIVISION

FILED JAN 1 i~ 'leG)

EQUAL EMPLOYMENT OPPORTUNITY

)

COMMISSION,

)

)

Plaintiff,

)

)

v.

)

)

CITY OF INDIANAPOLIS,

)

)

Defendant.

)

---------------------------------)

U S DiSTRICT COURT INDlt,NA?OLlS, INDIANA
CIVIL ACTION NO.
AMENDED COMPLAINT JURY TRIAL DEMAND

NATURE OF THE ACTION

This is an action under the Equal Pay Act of 1963 to restrain the unlawful payment of

wages to employees of one sex at rates less than the rates paid to employees of the opposite sex,

and to collect back wages due to employees as a result of such unlawful payments. As alleged in

more particularity in paragraphs 8, 9, and 10 below, the Commission alleges that the City of

Indianapolis pays its female dispatchers in the Department of Public Works at wage rates which

are less than the rates paid to male employees performing substantially equal work.

JURISDICTION AND VENUE

1. Jurisdiction of this Court is invoked pursuant to 28 U.S.C. §§ 451, 1331, 1337,

1343, and 1345. This action is authorized and instituted pursuant to Sections 16(c) and 17 of the

Fair Labor Standards Act of 1938 (the "FLSA"), as amended, 29 U.S.C. §§ 216(c) and 217, to

enforce the requirements of the Equal Pay Act of 1963, codified as Section 6(d) of the FLSA,

29 U.S.C. § 206(d).

2. The employment practices alleged to be unlawful were and are being committed within the jurisdiction of the United States District Court for the Southern District of Indiana, Indianapolis Division.
PARTIES 3. Plaintiff, the Equal Employment Opportunity Commission (the "Commission"), is the agency of the United States of America charged with the administration, interpretation, and enforcement of the Equal Pay Act and is expressly authorized to bring this action by Sections 16(c) and 17 of the FLSA, 29 U.S.C. §§ 216(c) and 217, as amended by Section 1 ofReorganization Plan No.1 of 1978, 92 Stat. 3781, and by Public Law 98-532 (1984), 98 Stat. 2705. 4. At all relevant times, Defendant City of Indianapolis (the "City") has continuously been a political subdivision of the State of Indiana. 5. At all relevant times, Defendant City has continuously been a public agency within the meaning of Section 3(x) of the FLSA, 29 U.S.C. § 203(x). 6. At all relevant times, Defendant City has acted directly or indirectly as an employer in relation to employees and has continuously been an employer within the meaning of Section 3(d) of the FLSA, 29 U.S.C. § 203(d). 7. At all relevant times, Defendant City has continuously been an enterprise engaged in commerce or in the production of goods for commerce within the meaning of Sections 3(r) and (s) of the FLSA, 29 U.S.C. §§ 203(r) and (s), in that said enterprise has continuously been an activity of a public agency.
2

STATEMENT OF CLAIMS 8. Since at least August 27, 1999, Defendant City has violated Sections 6(d)(1) and lS(a)(2) of the FLSA, 29 U.S.C. §§ 206(d)(1) and 21S(a)(2), by paying wages to its female dispatchers, in the Department of Public Works, at rates less than the rates paid to male employees in the same establishment for substantially equal work on jobs the performance of which requires equal skill, effort, and responsibility, and which are performed under similar working conditions. 9. As a result of the acts complained of above, Defendant City unlawfully has withheld and is continuing to withhold the payment of wages due to Dorothy Etter, Kelley Lacey, Patti Means, Charline Polin, and any other women dispatchers who were or are being paid less than male dispatchers because of sex. 10. Since at least August 27, 1999, Defendant City has violated Sections 11(c) and lS(a)(S) of the FLSA, 29 U.S.C. §§ 211(c) and 21S(a)(S), by failing to make and preserve records of the persons employed by it and of the wages, hours, and other conditions and practices of employment maintained by it, as prescribed by the Commission. 11. The unlawful practices complained of above in paragraphs 8 and 9 were and are willful.
PRAYER FOR RELIEF Wherefore, the Commission requests that this Court: A. Grant a permanent injunction enjoining the Defendant City, its officers, successors, assigns, and all persons in active concert or participation with it, from discriminating within any of its establishments between employees on the basis of sex by paying wages to
3

employees of one sex at rates less than the rates at which it pays wages to employees of the opposite sex for substantially equal work on jobs the performance of which requires equal skill, effort, and responsibility, and which are performed under similar working conditions.
B. Order Defendant City, in accordance with the provisions of Sections 11 (c) and IS(a)(S) of the FLSA, 28 U.S.C. §§ 211(c) and 21S(a)(S), to make and preserve records of the persons employed by it and of the wages, hours, and other conditions and practices of employment maintained by it, as prescribed by the Commission.
C. Order Defendant City to institute and carry out policies, practices, and programs, which provide equal employment opportunities for women and which eradicate the effects of its past and present unlawful employment practices.
D. Grant a judgment requiring Defendant City to pay appropriate back wages in amounts to be determined at trial and an equal sum as liquidated damages or prejudgment interest in lieu thereof to employees whose wages are being unlawfully withheld as a result of the acts complained of above, including but not limited to Dorothy Etter, Kelley Lacey, Patti Means, Charline Polin, and any other women dispatchers who were or are being paid less than male dispatchers because of sex.
E. Grant such further relief as this Court deems necessary and proper in the public interest.
F. Award the Commission its costs of this action.
4

JURY TRIAL DEMAND The Commission requests a jury trial on all questions of fact raised by its complaint.
Respectfully submitted, GWENDOLYN YOUNG REAMS Associate General Counsel
~~JJJs'a~'~~9 Supervisory Trial Attorney
~~~io7s~L
Senior Trial Attorney EQUAL EMPLOYMENT OPPORTUNITY
COMMISSION Indianapolis District Office 101 W. Ohio Street, Suite 1900 Indianapolis IN 46204-4203 Tel. No. (317) 226-7204 Fax No. (317) 226-5571 E-mail: kbird@EEOC.gov
5

 
 UNITED STATES DISTRICT COURf SOUTHERN DISTRICT OF INDIANA
INDIANAPOLIS DIVISION

EQUAL EMPLOYMENT OPPORfUNI1Y )

COMMISSION and JANET RIDENER,

)

)

Plaintiffs,

)

)

v.

)

)

CI1Y OF INDIANAPOLIS,

)

)

Defendant.

)

CASE NO.1 :02-CV-1499-DFH

ORDER

Plaintiff Janet Ridener has agreed to dismiss her claims in this action, and such claims are hereby dismissed with prejudice. The EEOC remains in the case, and the case remains pending.

So ordered.
Date: -I~ ~~ ~

7J~1-/~
DAVID F. HAMILTON, JUDGE
United States District Court
Southern District of Indiana

Copies to: Kenneth L. Bird Equal Employment Opportunity Commission 101 West Ohio Street Suite 1900 Indianapolis, Indiana 46204 Kenneth W. Brown Equal Employment Opportunity Commission 600 Dr. Martin Luther King Jr. Place Suite 268 Louisville, KY 40202-2285 Amy Fickle DeBrota Young Riley Dudley & DeBrota 3815 River Crossing Parkway, Suite 340 Indianapolis, Indiana 46240 Robin M. Lybolt Office of Corporation Counsel City-County Building, Room 1601 200 East Washington Street Indianapolis, Indiana 46204
-2-

 
 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF INDIANA
INDIANAPOLIS DIVISION

EQUAL EMPLOYMENT OPPORTUNITY

)

COMMISSION,

)

)

Plaintiff,

)

)

v.

)

)

CITY OF INDIANAPOLIS,

)

)

Defendant.

)

-------------------------------)

CIVIL ACTION NO. 1:02-CV-1499-DFH

CONSENT DECREE The Equal Employment Opportunity Commission ("Commission" or "EEOC") instituted Civil Action No. 1:02-CV-1499 under the authority granted by Sections 16(c) and 17 of the Fair Labor Standards Act of 1938 (the "FLSA"), as amended, 29 U.S.C. §§ 216(c) and 217, to enforce the requirements of the Equal Pay Act of 1963, codified as Section 6(d) of the FLSA, 29 U.S.C. § 206(d). The EEOC's action was brought to correct unlawful employment practices on the basis of sex. The Commission and Defendant City of Indianapolis hereby stipulate to the jurisdiction of the Court over the parties and the subject matter. The parties have advised the Court that they desire to resolve Civil Action No.1 :02-CV1499 without the burden, expense, and delay of further litigation. Defendant does not admit liability to the class members but desires to resolve this matter for the sole purpose of avoiding the risks, expense, and disruption of further litigation of Plaintiff s claim.

It is, therefore, the finding of the Court, based on the pleadings and the record as a whole, that: (1) the Court has jurisdiction over the parties and the subj ect matter of this action, (2) implementation of this Decree will advance the purposes and provisions of the Equal Pay Act, and (3) this Consent Decree resolves all matters and claims in controversy in this lawsuit between the EEOC and the City of Indianapolis as provided in paragraphs 1 through 17 below.
IT IS THEREFORE ORDERED, ADJUDGED, AND DECREED as follows: 1. The City of Indianapolis agrees that it will not engage in any act, policy, or practice that has the purpose or effect of unlawfully discriminating against female employees or applicants for employment on the basis of sex. Specifically, the City of Indianapolis agrees that, as required by the Equal Pay Act, within any establishment, it will pay its female employees at rates equal to the rates paid to male employees performing equal work onjobs the performance of which requires equal skill, effort, and responsibility, and which are performed under similar working conditions, except where such payment is made pursuant to (i) a seniority system, (ii) a merit system, (iii) a system which measures earnings by quantity or quality of production, or (iv) a differential based on any other factor other than sex. 2. The City of Indianapolis will not retaliate or discriminate against any of its employees, former employees, or applicants for employment because the individual (a) has made a charge or opposed an unlawful employment practice under any of the laws enforced by the EEOC or (b) has assisted or participated in any manner in an investigation, proceeding, or hearing under any of the laws enforced by the EEOC.
2

3. The City ofIndianapolis agrees to post the Notice of Non-Discrimination Policy attached to this Decree as Appendix A in conspicuous locations in DPW Dispatch visible to applicants and employees. Said notices shall remain posted throughout the term of this Decree. 4. The City ofIndianapolis shall pay the cumulative sum of$15,000 to the class members, or to their heirs or assigns in the event of an individual's death (all of whom collectively shall be referred to as "class members" for purposes of this Decree). The money shall be distributed as follows:

name

damages

Mary Coleman

$

4,858

Dorothy Etter

426

Kelly Lacey

4,858

Charline Polin

4,858

If the City ofIndianapolis is unable to pay the allotted sum to a class member, then, pursuant to

29 U.S.C. § 216(c), such sum shall be covered into the Treasury of the United States as a

miscellaneous receipt.

5. The City ofIndianapolis will pay the class members, subject to applicable taxes and

withholdings. The City of Indianapolis will not deduct from any amount the employer's share of

any costs, taxes, or social security required by law to be paid by the City of Indianapolis.

6. Within twenty-one days of the Court's approval of this Consent Decree, the City of

Indianapolis shall mail checks, in the amounts specified in' 4, payable to the individuals, by

3

certified mail. The City of Indianapolis shall mail a copy of the checks and proof of their delivery (signed certified mail receipts) to the Commission. 7. Effective September 1, 2003, the City ofIndianapolis will raise Mary Coleman's annual salary to $22,250.00. For purposes of merit and annual increases thereafter, Ms. Coleman shall be treated as any other employee in her position. 8. Effective September 1, 2003, the City ofIndianapolis will raise Kelly Lacey's annual salary to $22,780.00. For purposes of merit and annual increases thereafter, Ms. Lacey shall be treated as any other employee in her position. 9. Effective September 1,2003, the City of Indianapolis will raise Charline Polin's annual salary to $24,186.00. For purposes of merit and annual increases thereafter, Ms. Polin shall be treated as any other employee in her position. 10. If the salary for Coleman, Lacey, or Polin is currently higher than the amount designated in ~ 7, 8, or 9 above, then the higher salary shall apply rather than the salaries stated in ~ 7, 8, or 9. After the salaries of these employees are adjusted pursuant to the Consent Decree, any future reductions in pay shall occur, if at all, only (l) pursuant to a collective bargaining agreement between the City and any recognized representative of the DPW dispatchers or (2) pursuant to established procedures if any of the employees covered by this agreement are demoted or voluntarily transfer to a lesser paying position. 11. The City of Indianapolis shall adopt and implement a training program for all of its supervisors and managers who have authority to hire and/or set pay rates in the Department of Public Works. This training shall cover what constitutes unlawful employment practices under the Equal Pay Act of 1963. The training must be conducted within 120 days from the date of
4

entry of this Decree, and will be repeated approximately 12 and 24 months after the date of entry

of this Decree, with appropriate updates and revisions. Thirty days before each training, the City

of Indianapolis shall provide notice to the Commission of the date, time, and place of the training;

and shall send to the Commission a copy of the training program and all written materials, if any,

to be used. The Commission may provide reasonable input on the content of the training but

shall do so no later than ten days prior to the training.

12. The City ofIndianapolis will submit a report to the EEOC detailing compliance with this

Decree within 120 days of the date of the Decree. The City ofIndianapolis will certify to the

EEOC's Regional Attorney that it has complied with ~~s 3 - 9 of this Decree. In addition, the

City ofIndianapolis shall submit two annual reports, the first due on February 1,2005, and the

second on February 1,2006. In each report, The City of Indianapolis shall include the following

information:

1.

the dates and topics of all training programs offered in the Department of Public

Works concerning the Equal Pay Act;

ii. a copy of all written materials relied on or disseminated at the training programs

identified in subparagraph (i);

111. the name and position of each employee who attended the training programs

identified in subparagraph (i); and

IV. the salaries of dispatchers in the Department of Public Works, identified by name

and sex, along with the salary grade scale then in effect.

5

All reports shall be sent to the attention of Laurie A. Young, Regional Attorney, or her successor, Equal Employment Opportunity Commission, 101 West Ohio Street, Suite 1900, Indianapolis IN 46204-4203. 13. The EEOC may review compliance with this Decree. As part of such review, the EEOC may inspect the DPW's premises, interview employees, and examine and copy documents. 14. In the event that the EEOC alleges that a violation ofthis Decree has occurred, the EEOC shall give notice in writing specifically identifying the alleged violation to the City of Indianapolis. The City of Indianapolis will have ten days in which to investigate and respond to the allegation. 15. The term of this Decree shall be for three years following the date of entry of the Decree. 16. Each party will each bear its own costs. 17. The Court will retain jurisdiction of this cause for three years for purposes of monitoring compliance with the Decree and entry of such further orders or modifications as may be necessary or appropriate. SO ORDERED.
Honorable David F. Hamilton District Judge
6

Copies to: Kenneth L. Bird EQUAL EMPLOYMENT OPPORTUNITY
COMMISSION 101 West Ohio Street, Suite 1900 Indianapolis IN 46204-4203 Robin M. Lybolt OFFICE OF CORPORATION COUNSEL 1601 City/County Building 200 E. Washington Street Indianapolis IN 46204
7

EMPLOYEE NOTICE
Posted Pursuant to an Agreement Resolving a Charge of Employment Discrimination filed with the
u.s. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Indianapolis District Office
This Notice is being distributed and posted by agreement between The City of Indianapolis and the United States Equal Employment Opportunity Commission, resolving Civil Action No. 1:02-CV-1499 in the United States District Court for the Southern District of Indiana.
Federal law prohibits discrimination against any employee, former employee, or job applicant because of the individual's sex, race, color, religion, national origin, disability, or age (over 40).
Federal law also prohibits retaliation of any kind against any person who has opposed any practice made unlawful under federal law or because an individual has filed a charge, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing.
The City of Indianapolis supports and will comply with federal law in all respects and will not take any actions against employees because they have exercised their rights under the law. The City of Indianapolis agrees not to violate the anti-discrimination laws, will conduct a training program for supervisors on the Equal Pay Act, and will not retaliate against an individual who files a charge of discrimination.
If you have any complaints of discrimination, you may contact the EEOC at the address or telephone number given below. An employee has the right, and is encouraged to exercise that right, to report allegations of employment discrimination in the workplace. An employee may contact the U. S. Equal Employment Opportunity Commission for the purpose of filing a charge of employment discrimination.
Questions concerning this notice may be addressed to: Equal Employment Opportunity Commission 101 West Ohio Street, Suite 1900 Indianapolis, Indiana 46204-4203 Telephone (317) 226-7212 EEOC 800 # 1-800-669-4000 TTY (317) 226-5162
APPENDIX A

 
 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF INDIANA
INDIANAPOLIS DIVISION

EQUAL EMPLOYMENT OPPORTUNITY )

COMMISSION and JANET RIDENER, )

)

Plaintiffs,

)

)

v.

)

)

CITY OF INDIANAPOLIS,

)

)

Defendant.

)

CASE NO. 1:02-cv-1499-DFH CASE NO. 1:02-cv-1632-JDT

ORDER ON MOTION TO CONSOLIDATE

The motion of plaintiffJanet Ridener to consolidate these two related cases is hereby GRANTED. Cause No. 02':'1632 is hereby administratively closed. All future filings in Cause No. 02-1499 shall use the caption above (but without the second cause number). All prior filings in Cause No. 02-1632, including the complaint and amended complaint, shall be treated as if they had been filed in Cause No. 02-1499.

So ordered.

•
DAVID F. HAMILTON, JUDGE United States District Court Southern District of Indiana

Copies to: Kenneth L. Bird Equal Employment Opportunity Commission 101 West Ohio Street Suite 1900 Indianapolis, Indiana 46204 Amy Fickle DeBrota Young Riley Dudley & DeBrota 3815 River Crossing Parkway, Suite 340 Indianapolis, Indiana 46240 Robin M. Lybolt Office of Corporation Counsel City-County BUilding, Room 1601 200 East Washington Street Indianapolis, Indiana 46204
-2-

 
 CM/ECF LIVE

https://ecf.insd.uscourts.gov/cgi-bin/DktRpt.pl?973842846533278-L_1...

CLOSED, CMP
U.S. District Court Southern District of Indiana (Indianapolis) CIVIL DOCKET FOR CASE #: 1:02-cv-01499-DFH-VSS

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION v. INDIANAPOLIS, CITY OF Assigned to: Judge David Frank Hamilton Referred to: Magistrate Judge V. Sue Shields Cause: 28:451 Employment Discrimination

Date Filed: 09/30/2002 Date Terminated: 09/04/2003 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

Plaintiff
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

represented by Kenneth L. Bird EQUAL EMPLOYMENT OPPORTUNITY COMM 101 West Ohio Street Suite 1900 Indianapolis, IN 46204 (317)226-7204 Fax: (317)226-5571 Email: kenneth.bird@eeoc.gov ATTORNEY TO BE NOTICED

Kenneth W. Brown EEOC 600 Dr. Martin Luther King Jr. Place Suite 268 Louisville, KY 40202-2285 (502) 582-5443 Fax: (502) 582-5437 Email: kenneth.brown@eeoc.gov ATTORNEY TO BE NOTICED

Plaintiff JANET RIDENER

represented by Amy Ficklin DeBrota THE DEBROTA LAW FIRM LLC 715 East 107th Street Indianapolis, IN 46280 (317) 848-5555 Fax: 888-273-1326 Email: amy@debrotalaw.com ATTORNEY TO BE NOTICED

V.

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Defendant INDIANAPOLIS, CITY OF

represented by Robin M. Lybolt HALL RENDER KILLIAN HEATH & LYMAN One American Square Suite 2000 Indianapolis, IN 46282 (317) 977-1486 Fax: (317) 633-4878 Email: rlybolt@hallrender.com ATTORNEY TO BE NOTICED
Suzannah Wilson Chief Labor-Employment Counsel Suite 1601, City County Building 200 East Washington Street Indianapolis, IN 46204 (317)327-4055 ATTORNEY TO BE NOTICED

Date Filed 09/30/2002
09/30/2002 09/30/2002 09/30/2002 09/30/2002 10/01/2002 10/01/2002 10/10/2002 10/17/2002
10/21/2002

# Docket Text
1 COMPLAINT against INDIANAPOLIS, CITY OF with JURY DEMAND, filed by EQUAL EMPLOYMENT OPPORTUNITY COMMISSION.(PLM, ) Additional attachment(s) added on 10/3/2002 (PLM, ). (Entered: 09/30/2002)
2 Summons Issued as to INDIANAPOLIS, CITY OF. (PLM, ) (Entered: 09/30/2002)
3 MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction (PLM, ) (Entered: 09/30/2002)
4 MAGISTRATE JUDGE's SUMMARY OF CASE MANAGEMENT PLAN (PLM, ) Modified on 9/30/2002 (PLM, ). (Entered: 09/30/2002)
5 CIVIL COVER SHEET. (PLM, ) (Entered: 09/30/2002)
6 Appearance of Kenneth L. Bird of the EEOC on behalf of plaintiff. (CEB, ) (Entered: 10/01/2002)
7 CONSENT to Jurisdiction by US Magistrate Judge by EQUAL EMPLOYMENT OPPORTUNITY COMMISSION. (CEB, ) (Entered: 10/01/2002)
8 NOTICE of Appearance by Robin M. Lybolt on behalf of INDIANAPOLIS, CITY OF. c/s (CEB, ) (Entered: 10/10/2002)
9 RETURN of Service by CMRRR - Bart Peterson, Mayor of Indianapolis served 10/3/02; Robin Lybolt, Office of Corp Counsel of the City of Indianapolis served on 10/10/02. (PLM, ) (Entered: 10/17/2002)
10 ANSWER and affirmaative defenses to Complaint by INDIANAPOLIS, CITY OF.c/s DEFT(PLM, ) (Entered: 10/22/2002)

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10/25/2002 12/30/2002 01/06/2003 01/07/2003
01/09/2003 01/10/2003 01/13/2003 01/13/2003 01/21/2003 01/22/2003
01/23/2003 01/24/2003 02/06/2003
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11 SCHEDULING ORDER: Pretrial Conference set for 1/7/2003 08:30 AM in room #256 before Magistrate Judge V. Sue Shields (initial). CMP is due 12/29/02. Signed by Judge V. Sue Shields on 10/25/02. (SWM, ) (Entered: 10/28/2002)
12 CASE MANAGEMENT PLAN TENDERED by all parties. (PLM, ) (Entered: 12/30/2002)
13 NOTICE of Appearance by Suzannah Wilson, Chief Labor-Employment Counsel on behalf of City of Indianapolis. c/s DEFT (PLM, ) (Entered: 01/07/2003)
18 SCHEDULING ORDER: Settlement Conference set for 3/6/2003 01:30 PM in room #256 before Magistrate Judge V. Sue Shields (confidential settlement statements due no later than two business days prior to the conference). Parties appeared by counsel for pretrial conference (1/7/03). Conference held and concluded w/o further order cm. Signed by Judge V. Sue Shields on 1/7/03. (SWM, ) (Entered: 01/15/2003)
14 MOTION to Amend complaint. c/s PLTF, EQUAL EMPLOYMENT OPPORTUNITY COMMISSION. (PLM, ) (Entered: 01/09/2003)
17 ORDER: CASE MANAGEMENT ORDER APPROVED cm. Signed by Judge V. Sue Shields on 1/10/03. (SWM, ) (Entered: 01/14/2003)
15 ORDER granting pltf's 14 Motion to Amend complaint. Because this pleading does not change the substantive allegations of pltf's complaint, deft need not file an answer to the amended complaint. cm. Signed by Judge V. Sue Shields on 1/13/03. (SWM, ) (Entered: 01/14/2003)
16 AMENDED COMPLAINT against INDIANAPOLIS, CITY OF , filed by EQUAL EMPLOYMENT OPPORTUNITY COMMISSION.(SWM, ) (Entered: 01/14/2003)
19 MOTION for Reconsideration of order granting motion for leave to file amended complaint. c/s DEFT, INDIANAPOLIS, CITY OF. (PLM, ) (Entered: 01/21/2003)
20 ORDER ORDER granting 14 Motion to Consolidate Case with 1:02cv1499-DFH; 1:02cv1632 action is hereby administratively closed. All future filings in 1:02cv1499 shall use the caption on this order, but without the 1:02cv1632 cause number; All prior filings in 1:02cv1632, including the complaint and amended complaint, shall be treated as if they had been filed in Cause No.1:02cv1499. Signed by Judge David Frank Hamilton on 1/22/03. (PLM, ). Signed by Judge David Frank Hamilton on 1/22/03. (PLM, ) (Entered: 01/22/2003)
21 NOTICE of Appearance by Kenneth W. Brown, Senior Trial Atty, EEOC, Louisville, Ky. on behalf of EQUAL EMPLOYMENT OPPORTUNITY COMMISSION c/s PLTF (PLM, ) (Entered: 01/24/2003)
22 RESPONSE to deft's motion to dismiss pltf's amended complaint in part in Opposition re 19 MOTION for Reconsideration c/s PLTF, JANET RIDENER. (PLM, ) (Entered: 01/27/2003)
23 REPLY in support of Motion re 19 MOTION for Reconsideration filed by INDIANAPOLIS, CITY OF. c/s DEFT (PLM, ) (Entered: 02/07/2003)
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02/10/2003 02/20/2003
02/24/2003
03/06/2003
05/29/2003 05/29/2003
05/30/2003 05/30/2003 06/04/2003 07/11/2003 08/29/2003 09/04/2003

24 RESPONSE in Opposition re 19 MOTION for Reconsideration. c/s PLTF EQUAL EMPLOYMENT OPPORTUNITY COMMISSION. (PLM, ) (Entered: 02/10/2003)
25 SCHEDULING ORDER: Final Pretrial Conference set for 1/23/2004 10:00 AM in room #330 before David Frank Hamilton. Jury Trial set for 2/2/2004 09:00 AM in room #344 before David Frank Hamilton.. Signed by Judge David Frank Hamilton on 2/20/03. (PLM, ) (Entered: 02/20/2003)
26 ORDER granting deft's 19 Motion for Reconsideration of order granting pltf's motion for leave to file amended complaint. The motion to reconsider is granted but the Mag Judge reaffirms the ruling granting the EEOC leave to file its amended complaint c/m. Signed by Judge V. Sue Shields on 2/24/03. (SWM, ) (Entered: 02/25/2003)
27 Minute Entry for proceedings held before Judge V. Sue Shields : Settlement Conference held on 3/6/2003. Parties appeared by counsel. Conference held and continued to provide the parties with the opportunity to consider a proposed settlement (SWM, ) (Entered: 03/07/2003)
28 UNOPPOSED MOTION to Amend case management plan deadlines and request for settlement conference. c/s CITY OF INDIANAPOLIS (PLM, ) (Entered: 05/29/2003)
29 ORDER granting deft's 28 Motion to Amend CMP deadlines and setting settlement conference. The parties shall have up to and including 7/30/03, to complete all discovery, and up to and including 8/30/03, to file any dispositive motions cm. Signed by Judge V. Sue Shields on 5/30/03. (SWM, ) (Entered: 06/02/2003)
SCHEDULING ORDER: Settlement Conference set for 7/11/2003 09:30 AM in room #256 before Magistrate Judge V. Sue Shields (refer to document #29). Signed by Judge V. Sue Shields on 5/30/03. (SWM, ) (Entered: 06/02/2003)
30 STIPULATION of Dismissal. (PLM, ) (Entered: 06/02/2003)
31 ORDER DISMISSING claims of Janet Ridener; EEOC remains in the case, and the case remains pending. Signed by Judge David Frank Hamilton on 6/4/03. (PLM, ) (Entered: 06/04/2003)
32 ENTRY for 7/10/03. The Mag Judge reports this cause is settled. Accordingly, the settlement conference set for 7/11/03 is VACATED. Signed by Judge V. Sue Shields on 7/10/03. (SWM, ) (Entered: 07/15/2003)
33 JOINT MOTION for entry of a consent decree. . (PLM, ) (Entered: 09/02/2003)
34 CLOSED JUDGMENT Consent Decree. Signed by Judge David Frank Hamilton on 9/4/03. (PLM, ) (Entered: 09/04/2003)

Case #: 1:02-cv-01499-DFH-VSS

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