Page 1 of 3
IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF INDIANA
HAMMOND DIVISION
UNITED STATES OF AMERICA, Plaintiff,
v.
SCHOOL CITY OF EAST CHICAGO, INDIANA, Defendant.
CIVIL ACTION NO.
COMPLAINT
Plaintiff, United States of America, alleges:
1. This action is brought on behalf of the United States to enforce the provisions of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e, et seq., as amended.
2. The Court has jurisdiction of this action under 42 U.S.C. § 2000e-5(f) and 28 U.S.C. § 1345.
3. Defendant, the School City of East Chicago, Indiana, is an Indiana Community School Corporation, a body corporate and politic, established pursuant to the laws of the State of Indiana.
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. The Equal Employment Opportunity Commission ("EEOC")received timely charges of discrimination filed by Joyce Carpenter (Charge Number 240-94-2003), Ana C. Culver (Charge Number 240-94-2004), Beatrice Goshay (Charge Number 240-94-2005), Ruby Moss (Charge Number 240-94-2006), and Mary B. Rodriguez (Charge Number 240-94-2007) who alleged that the Defendant School City of East Chicago discriminated against them in employment by failing or refusing to allow them to work eight hour shifts on the basis of their sex, female. 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 charges, found reasonable cause to believe the allegations of discrimination on the basis under Title VII sex were true, attempted unsuccessfully to conciliate the matter, and thereafter referred the charges to the Department of Justice.
7. During the period from at least 1988 until January 1, 1994, the five charging parties, Joyce Carpenter, Ana C. Culver, Beatrice Goshay, Ruby Moss, and Mary B. Rodriguez, were employed first as substitute and later as permanent janitors by the Defendant and were assigned to and allowed to work only seven hour shifts by the Defendant. Almost all males employed as substitute and permanent janitors by the Defendant during the period from at least 1988 until January 1, 1994 were assigned to and allowed to work eight hour shifts by the Defendant.
8. Defendant has discriminated against the charging parties and similarly situated females employed by the Defendant as janitors, both substitute and permanent, on the basis of their gender in violation of

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

8/15/2007

Page 2 of 3
Section 704(a) of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e-2(a), by:
a. Failing or refusing to assign these female janitors to eight hour shifts;
b. Failing or refusing to permit these female janitors to work eight hour shifts;
c. Failing or refusing to take appropriate action to correct the effects of these discriminatory policies and practices.
10. All conditions precedent to filing suit have been performed or have occurred.
WHEREFORE, Plaintiff prays for an order enjoining Defendant, the School City of East Chicago its directors, officers, agents, employees, successors and all persons in active concert or participation with Defendant from engaging in discriminatory employment practices based upon sex, and specifically from failing or refusing to provide sufficient remedial relief to make whole Joyce Carpenter, Ana C. Culver, Beatrice Goshay, Ruby Moss, and Mary B. Rodriguez and all other similarly situated females who are presently employed, or who have been employed, by the Defendant as janitors, both substitute and permanent, and who have suffered loss as a result of the discriminatory policies and practices alleged in this complaint.
/
/
/
Plaintiff prays for such additional relief as justice may require and its costs and disbursements in this action.
JANET RENO ATTORNEY GENERAL
By: BILL LANN LEE ACTING ASSISTANT ATTORNEY GENERAL
JON E. DeGUILIO UNITED STATES ATTORNEY
Carol Davilo Attorney No. 18333-45 Assistant United States Attorney Suite A 1001 Main Street Dyer, Indiana 46111 Tel: (219) 322-8576 Fax: (219) 865-5310

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

8/15/2007

WILLIAM B. FENTON SHARYN A. TEJANI Attorneys Civil Rights Division U.S. Department of Justice P.O. Box 65968 Washington, D.C. 20035-5968 Tel: (202) 514-5766 Fax: (202) 514-1005

Page 3 of 3

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

8/15/2007

 
 Case: 2:98-cv-00509-JTM As of: 10/08/2012 10:01 AM EDT 1 of 3
CASREF, TERMED
U.S. District Court Northern District of Indiana [LIVE] USDC Northern Indiana (Hammond)
CIVIL DOCKET FOR CASE #: 2:98−cv−00509−JTM

USA, et al v. School City E Chgo Assigned to: Senior Judge James T Moody Demand: $0
Case in other court: 021 02 0163 152 of 160 179537−179696−SAN, Archive Info
Cause: 42:2000e Job Discrimination (Employment)
Plaintiff

Date Filed: 09/15/1998 Date Terminated: 11/07/2000 Jury Demand: None Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

United States of America TERMINATED: 11/07/2000

represented by Carol A Davilo − AUSA US Attorney's Office − Ham/IN 5400 Federal Plaza Suite 1500 Hammond, IN 46320 219−937−5658 Fax: 219−937−5547 Email: USAINN.ECFCivil@usdoj.gov TERMINATED: 11/07/2000 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Sharyn A Tejani Civil Rights Division − 65968 US Department of Justice PO Box 65968 Washington, DC 20035−5968 202−514−5766 TERMINATED: 11/07/2000 LEAD ATTORNEY ATTORNEY TO BE NOTICED

William B Fenton US Department of Justice − Was/DC/CRD/950 Civil Rights Division 950 Pennsylvania Ave NW Washington, DC 20530 202−305−1470 Fax: 202−514−1005 TERMINATED: 11/07/2000 LEAD ATTORNEY ATTORNEY TO BE NOTICED

V.
Defendant
East Chicago Indiana School City of TERMINATED: 11/07/2000

represented by Richard J Lesniak Lesniak O'Rourke 40 East Joliet Street Suite B Schererville, IN 46375 219−864−5300 Fax: 219−864−3935 Email: richardlesniak@lesniaklawoffices.com TERMINATED: 11/07/2000 LEAD ATTORNEY ATTORNEY TO BE NOTICED
William M Murakowski Lesniak O'Rourke

Case: 2:98-cv-00509-JTM As of: 10/08/2012 10:01 AM EDT 2 of 3

40 East Joliet Street Suite B Schererville, IN 46375 219−864−5300 Fax: 219−864−3935 Email: wmur@dellmail.com TERMINATED: 11/07/2000 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Miscellaneous Party
Joyce Carpenter TERMINATED: 11/07/2000

represented by James Balanoff Balanoff &Balanoff 2600 W Lincoln Highway Merrillville, IN 46410 219−738−1199 Fax: 219−738−2551 Email: balanoffbalanoff@sbcglobal.net TERMINATED: 11/07/2000 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Miscellaneous Party
Ana C Culver TERMINATED: 11/07/2000

represented by James Balanoff (See above for address) TERMINATED: 11/07/2000 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Miscellaneous Party
Beatrice Goshay TERMINATED: 11/07/2000

represented by James Balanoff (See above for address) TERMINATED: 11/07/2000 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Miscellaneous Party
Ruby Moss TERMINATED: 11/07/2000

represented by James Balanoff (See above for address) TERMINATED: 11/07/2000 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Miscellaneous Party
Mary B Rodriguez TERMINATED: 11/07/2000

represented by James Balanoff (See above for address) TERMINATED: 11/07/2000 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed 09/15/1998 09/15/1998
09/15/1998 09/23/1998

# Docket Text
1 COMPLAINT ( Number of Summon(es) issued: 0 ) (efc) (Entered: 09/16/1998)
2 ATTORNEY APPEARANCE for plaintiff USA by Sharyn Tejani (efc) (Entered: 09/16/1998)
(RECEIVED) Consent Decree (efc) (Entered: 09/16/1998)
3 ATTORNEY APPEARANCE for defendant School City E Chgo by Richard J. Lesniak &William M Murakowski (sda) (Entered: 09/25/1998)

Case: 2:98-cv-00509-JTM As of: 10/08/2012 10:01 AM EDT 3 of 3

09/24/1998 08/04/1999 08/04/1999 08/16/1999

4 Consent Decree by Judge James T. Moody (cc: all counsel) (efc) (Entered: 09/30/1998)
5 MOTION by plaintiff USA to approve proposed monetary relief determinations (efc) (Entered: 08/04/1999)
5 MEMORANDUM by plaintiff USA in support of motion to approve proposed monetary relief determinations [5−1] (efc) (Entered: 08/04/1999)
6 ORDER by Judge James T. Moody granting motion to approve proposed monetary relief determinations [5−1] Defendant may begin the notification procedure set forth in paragraph 14 of the Consent Decree in this case. (cc: all counsel) (sda) (Entered: 08/17/1999)

 
 FOR IMMEDIATE RELEASE CR TUESDAY, SEPTEMBER 15, 1998 (202) 616-2765 WWW.USDOJ.GOV TDD (202) 514-1888
SCHOOL CITY OF EAST CHICAGO TO SETTLE CLAIMS OF EMPLOYMENT
DISCRIMINATION, UNDER JUSTICE DEPARTMENT AGREEMENT
WASHINGTON, D.C. - Female janitors who worked in a Northern Indiana school district will be compensated for not being able to work the same number of hours as male janitors, under an agreement reached today with the Justice Department. The agreement, filed along with a complaint in U.S. District Court in Hammond, resolves allegations brought by five women who worked as janitors with the School City of East Chicago, Indiana. The women alleged that the School City, which the district is known as, discriminated against female janitors by not allowing them to work eight hour shifts, like male janitors. The complaint alleged that the School City followed the practice of limiting the hours of female janitors from at least 1988 until 1994.The women lost hourly earnings from $5 to approximately $11 per shift. "Women in the workforce should get the chance to work the same number of hours and make as much money as men," said Bill Lann Lee, Acting Assistant Attorney General for Civil Rights. "Depriving women the opportunity to work an eight hour shift meant less income for them and their families." Under the agreement, the School City will create a fund of $250,000 to compensate any women who lost money as a result of the practice and pay the private attorney for the five women. It is estimated that more than 50 women will be eligible for backpay through this settlement. The five women originally filed their complaints with the Equal Employment Opportunity Commission, which, after unsuccessfully trying to conciliate the matter, referred it to the Justice Department. This is the sixth case filed by the Justice Department since 1993, alleging that women have not been given equal access to higher paying custodial jobs in public schools.Typically, women have been denied these jobs or paid less than men in these positions because of the false impression that women cannot perform some of the physical tasks required of custodians. "By bringing these cases, we are taking steps to stop these practices, compensate victims, and ensure that employers judge job applicants and employees by their actual capabilities, not by their gender," added Mr. Lee.
###
98-425