JAN 2 4 2005

1N THE UNITED STATES DISTRICT COURT STEPHSN

FOR

THE

NORTHERN

DISTRICT

OF

INDIANA

U.& D’ST~ICT COU~T
..:©,~T~_,.~,~. .,,¯C-T~,,.,.-_,~

HAMMOND DIVISION

EQUAL EMPLOYMENT OPPORTUNITY

)

COMMISSION,

)

Plaintiff,

)

CIVIL ACTION NO.

)

)

)

COMPLAINT

SCHOOL CITY OF HAMMOND,

Defendant.

)

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. The Commis-

sion alleges that the School City of Hammond pays its female social workers at wage rates which

are less than the rates paid to its 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) mad 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 now being

committed within the jurisdiction of the United States District Court for the Northern District of

Indiana, Hammond Division.

PARTIES 3. Plaintiff, the Equal Employment Oppommity 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 of Reorganization Plan No. 1 of 1978, 92 Stat. 3781, and by Public Law 98-532 (1984), 98 Star. 2705. 4. At all relevant times, Defendant, School City of Hammond (the "School"), has continuously been an Agency or Instrumentality of the City of Hanmaond. 5. At all relevant times, Defendant School 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 School 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 School has continuously been an enterprise engaged in commerce or in the production of goods for conmaerce within the meaning of Sections 3(r) and (s) of the FLSA, 29 U.S.C. §§ 203(r) mad (s), in that said enterprise has continuously been engaged in the operation of a school system.
STATEMENT OF CLAIMS 8. Since at least August 2003, Defendant School has violated Sections 6(d)(1) and 15(a)(2) of the FLSA, 29 U.S.C. §§ 206(d)(1) and 215(a)(2), by paying wages to its female social workers at rates less than the rates paid to male employees in the same establishment for
2

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 &the acts complained of above, Defendant School unlawfully has withheld and is continuing to withhold the payment of wages due to Debra Twitdy and Blanca Nieves.
PRAYER FOR RELIEF Wherefore, the Commission requests that this Court: A. Grant a permanent injunction enjoining the Defendant School, 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 School 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. C. Grant a judgment requiring Defendant School to pay appropriate back wages in amounts to be determined at trial, 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 Debra Ywitdy and Blanca Nieves. D. Grant such further relief as this Court deems necessary and proper in the public interest.

E. 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.
ERIC DREIBAND General Counsel JAMES L. LEE Deputy General Counsel
GWENDOLYN YOUNG REAMS Associate General Counsel EQUAL EMPLOYMENT OPPORTUNITY
COMMISSION 1801 L Street. N.W Washington D,C. 20507
AAioY2eyUN G_~ 11.48
M’~IEL~,E EISELE, #12070 49 Supervisory Trial Attorney
#20245-49 Trial Attorney EQUAL EMPLOYMENT OPPORTUNITY COMMIS SION 101 W. Ohio Street, Suite 1900 Indianapolis IN 46204-4203 (317) 226-5601 FAX: (317) 226-5571 email: j ohanna.maple@eeoc,gov
4

 
 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF INDIANA
HAMMOND DIVISION

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff, v. SCHOOL CITY OF HAMMOND,
Defendant.

) ) ) NO. 2:05-CV-029 PS ) ) ) ) ) ) ) )

CONSENT DECREE This matter is before the Court on the Parties’ Joint Motion for Entry of a Consent Decree [Doc. 14]. Having reviewed the parties’ motions and finding the Consent Decree to be fair and equitable, the parties’ joint motion is hereby GRANTED.
I. The Litigation On January 24, 2005, the Equal Employment Opportunity Commission (“Commission”) instituted this Action under the authority granted to it under 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 Commission’s action was brought to restrain the allegedly unlawful payment of wages to employees of one sex at rates less than the rates paid to employees of the opposite sex. The parties desire to resolve this matter without further litigation and, to that end, waive trial, briefs, arguments, findings of fact, and conclusions of law. The parties agree that this Consent Decree resolves all matters in dispute in this action.
II. Findings

Having examined the terms and provisions of this Decree, and based on the pleading and record, the Court finds the following:
1. This Court has jurisdiction of the subject matter of this action and of the parties to this case.
2. The terms of this Decree are adequate, reasonable, equitable and just and the rights of the EEOC and the School City of Hammond and the public interest are adequately protected by this Decree; and
3. This Decree conforms with Federal Rules of Civil Procedure and the applicable requirements of the Equal Pay Act as codified in the FLSA. The entry of this Decree will further the objectives of the Equal Pay Act and will be in the best interests of the EEOC, the School City of Hammond, and the public.
IT IS THEREFORE ORDERED, ADJUDGED AND DECREED as follows: 1. Defendant agrees that it will not pay wages to employees of one sex at rates less than the rates paid to employees of the opposite sex for equal work on jobs 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. Defendant agrees to comply with all of the requirements of the Equal Pay Act as codified in the FLSA. 3. Defendant agrees that there will be no discrimination or retaliation of any kind against any person because of opposition to any practice made unlawful under the Equal Pay Act as codified in the FLSA, or because of the filing of a charge, the giving of testimony, assistance,

or participation in any manner in an investigation, proceeding or hearing under the Equal Pay Act as codified in the FLSA.
4. Defendant agrees to post the Notice of Non-Discrimination Policy attached as Appendix A to this Decree in a conspicuous place on its premises. Said notice shall remain posted throughout the term of this Decree.
5. Defendant agrees to pay Debra Twitdy, or her heirs and assigns in the event of her death, $15,000 subject to applicable taxes and withholdings. Defendant agrees not to deduct from this amount the employer’s share of any costs, taxes, or social security required by law to be paid by the Defendant. Upon entry of this Decree, the Commission will forward a release (see Appendix B) to Debra Twitdy for her execution. The Commission will notify counsel for Defendant upon receipt of the release executed by Debra Twitdy. Then, within fifteen (15) days of this notification, Defendant shall mail the check, payable to Ms. Twitdy, to her by certified mail at 130 Morningside Ave., Gary, IN 46408. Defendant shall mail a copy of Ms. Twitdy’s check and proof of its delivery to Twitdy (a signed certified mail receipt) to the Commission. Upon receipt of proof of delivery of a check to Twitdy, the Commission shall forward the release to counsel for Defendant.
6. Defendant agrees to pay Blanca Nieves, or her heirs and assigns in the event of her death, $12,000 subject to applicable taxes and withholdings. Defendant agrees not to deduct from this amount the employer’s share of any costs, taxes, or social security required by law to be paid by the Defendant. Upon entry of this Decree, the Commission will forward a release (see Appendix B) to Blanca Nieves for her execution. The Commission will notify counsel for Defendant upon receipt of the release executed by Blanca Nieves. Then, within fifteen (15) days of this notification, Defendant shall mail the check, payable to Ms. Nieves, to her by certified

mail at 1037 Elliott Dr., Munster, IN 46321. Defendant shall mail a copy of Ms. Nieves’s check and proof of its delivery to Nieves (a signed certified mail receipt) to the Commission. Upon receipt of proof of delivery of a check to Nieves, the Commission shall forward the release to counsel for Defendant.
7. Defendant agrees to incorporate the language contained in paragraph 1 of this decree into its school policies and procedures relating to non-discrimination in the workplace.
8. Defendant agrees that it shall conduct a training seminar for all administrative officials with hiring and termination authority employed by the School City of Hammond on equal employment opportunities, including equal pay issues, and retaliation. This training shall cover what constitutes unlawful employment practices and the laws enforced by the EEOC, including the Equal Pay Act of 1963. Said seminar must be conducted within six (6) months from the date of entry of this Decree. Thirty (30) days prior to the date of the seminar, the Defendant shall provide notice to the Commission regarding the date, time and place of the seminar, and shall send to the Commission a copy of the seminar program and all written materials, if any, to be used at the seminar. The Commission may provide reasonable input on the content of the program.
9. Defendant agrees to submit reports to the EEOC detailing its compliance with this decree. Within sixty (60) days of the date of this Decree, Defendant will certify to the EEOC Regional Attorney that the requirements of paragraph 7 above have been met. Defendant further agrees to submit a report to the EEOC within thirty days of its completion of the training described in paragraph 8 above. Said report shall include the date the training took place and a list of all those employees who attended the training. Reports shall be sent to the attention of Laurie A. Young, Regional Attorney, or her successor, Equal Employment Opportunity

Commission, 101 W. Ohio Street, Suite 1900, Indianapolis, Indiana, 46204.

10. Defendant agrees that the EEOC may review compliance with this Decree. As

part of such review, upon ten (10) days prior notice to the Superintendent of the School City of

Hammond, the EEOC may inspect the premises, interview employees, examine and copy

documents. Defendant shall have the right to have counsel present at any such inspection.

11. In the event that EEOC alleges that a violation of this Decree has occurred, prior

to exercising any remedy provided by law, EEOC will give notice in writing thereof, specifically

identifying the alleged violation to Defendant. Defendant will have thirty (30) days in which to

investigate and respond to the allegation. Thereafter, the parties will have a period of thirty (30)

days, or such additional period as may be agreed upon by them, in which to negotiate and confer

regarding such allegation, before Plaintiff exercises any remedy provided by law.

12. The term of this Decree shall be for two (2) years following the date of the entry

of this decree.

13. The Commission and Defendant will bear their own costs and attorney fees.

14. RETENTION OF JURISDICTION BY COURT The Court will retain

jurisdiction of this cause throughout the duration of this Decree for purposes of monitoring

compliance with this Decree and entry of such further orders as may be necessary or appropriate.

SO ORDERED.

ENTERED: October 26, 2005

s/ Philip P. Simon PHILIP P. SIMON, JUDGE UNITED STATES DISTRICT COURT

APPENDIX A

EMPLOYEE NOTICE
Posted Pursuant to an Agreement with the U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Indianapolis District Office
NOTICE OF NON-DISCRIMINATION POLICY

This Notice is being distributed and posted by agreement between the School City of Hammond and the United States Equal Employment Opportunity Commission (EEOC), resolving Civil Action No. 2:05-CV-029 PS.
Federal law prohibits payment of wages to employees of one sex at rates less than the rates paid to employees of the opposite sex for equal work on jobs 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.
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 School City of Hammond 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 School City of Hammond agrees to make revisions to its school policies and procedures relating to non-discrimination in the workplace, will conduct a training seminar on equal employment opportunities, including equal pay issues, and retaliation.
Should you have any complaints of discrimination, including sexual harassment, you can contact the EEOC at the address and telephone number given below.

______________________ Date

____________________________________________ Dr. Walter J. Watkins, Superintendent of Schools

Questions concerning this notice may be addressed to:
Equal Employment Opportunity Commission 101 W. Ohio St., Suite 1900
Indianapolis, Indiana 46204-4203 Telephone: (317) 226-7212 EEOC 800 # 1-800-669-4000 TDD (317) 226-5162

APPENDIX B RELEASE
In consideration of the payment to me by School City of Hammond of $___________________ less appropriate taxes and withholdings, and in consideration of the Consent Decree agreed to by the Equal Employment Opportunity Commission and School City of Hammond in Civil Action 2:05-CV-029 PS, entered by the Court on the _______ day of _____________, 2005, of which this Release is a part, I, ___________________________, hereby fully and forever release and discharge School City of Hammond, its successors and assigns, including its present and former directors, officers, employees and agents, from any claim or obligation raised in the charges of discrimination underlying Civil Action No. 2:05-CV029 PS.

I have read this Release and I execute it voluntarily, without coercion or threat of

reprisal.

IN WITNESS WHEREOF, this Release is signed and executed by me on the _______

day of _______________, 2005.

County of

)

)SS

State of

)

______________________________ Name

Subscribed and sworn to before me this ______ day of ____________, 2005.

_____________________________ Notary Public

County of Residence__________________

My Commission Expires:______________

 
 CM/ECF USDC-INND Version 3.0.3 Live DB - Docket Report

https://ecf.innd.uscourts.gov/cgi-bin/DktRpt.pl?109985941951846-L_3...

CASREF, TERMED
U.S. District Court Northern District of Indiana [LIVE] USDC Northern Indiana (Hammond)
CIVIL DOCKET FOR CASE #: 2:05-cv-00029-PPS-PRC

Equal Employment Opportunity Commission v. Hammond Assigned to: Judge Philip P Simon Referred to: Magistrate Judge Paul R Cherry Cause: 29:206 Collect Unpaid Wages

Date Filed: 01/24/2005 Date Terminated: 10/26/2005 Jury Demand: Plaintiff Nature of Suit: 710 Labor: Fair Standards Jurisdiction: U.S. Government Plaintiff

Mediator C Erik Chickedantz

Plaintiff
Equal Employment Opportunity Commission

represented by Johanna Philhower Maple Equal Employment Opportunity Commission - Ind/IN 101 W Ohio Street Suite 1900 Indianapolis, IN 46204-4203 317-226-5601 Fax: 317-226-5571 Email: johanna.maple@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Laurie A Young Equal Employment Opportunity Commission - Ind/IN 101 W Ohio Street Suite 1900 Indianapolis, IN 46204-4203 317-226-7947 Fax: 317-226-7203 Email: legal.station@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Michelle F Eisele Equal Employment Opportunity Commission - Ind/IN 101 W Ohio Street Suite 1900 Indianapolis, IN 46204-4203 317-226-7059 Fax: 317-226-5571 Email: michelle.eisele@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

1 of 4

6/13/2007 9:14 AM

CM/ECF USDC-INND Version 3.0.3 Live DB - Docket Report

https://ecf.innd.uscourts.gov/cgi-bin/DktRpt.pl?109985941951846-L_3...

V. Defendant Hammond School City of

represented by Heather L Wilson Locke Reynolds LLP - Ind/IN 201 N Illinois St Suite 1000 PO Box 44961 Indianapolis, IN 46244-0961 317-237-3800 Fax: 317-237-3900 Email: hwilson@locke.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Thomas E Wheeler, II Locke Reynolds LLP - Ind/IN 201 N Illinois St Suite 1000 PO Box 44961 Indianapolis, IN 46244-0961 317-237-3810 Fax: 317-237-3900 Email: twheeler@locke.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
James K Whitaker James K Whitaker & Associates 5231 Hohman Avenue Suite 600 Hammond, IN 46320-1738 219-931-7080 Fax: 219-931-7088 Email: JWhitakerLaw@aol.com ATTORNEY TO BE NOTICED

Date Filed 01/24/2005
01/24/2005 02/03/2005 02/03/2005

#

Docket Text

1 COMPLAINT with jury demand against School City of Hammond, filed by Equal Employment Opportunity Commission.(kjp, ) Additional attachment(s) added on 1/25/2005 (kjp, ). (Entered: 01/25/2005)
2 Summons Issued as to School City of Hammond. (kjp, ) (Entered: 01/25/2005)
3 NOTICE of Appearance by Heather L Wilson on behalf of School City of Hammond (Wilson, Heather) (Entered: 02/03/2005)
4 NOTICE of Appearance by Thomas E Wheeler II on behalf of School City of Hammond (Wheeler II, Thomas) (Entered: 02/03/2005)

2 of 4

6/13/2007 9:14 AM

CM/ECF USDC-INND Version 3.0.3 Live DB - Docket Report

https://ecf.innd.uscourts.gov/cgi-bin/DktRpt.pl?109985941951846-L_3...

02/08/2005 02/08/2005 02/11/2005 02/15/2005 02/15/2005 02/28/2005 03/28/2005 04/07/2005
04/11/2005 10/19/2005 10/19/2005 10/26/2005

5 NOTICE of Appearance by Johanna Philhower Maple on behalf of Equal Employment Opportunity Commission (Maple, Johanna) (Entered: 02/08/2005)
6 SUMMONS Returned Executed by Equal Employment Opportunity Commission. School City of Hammond served on 2/4/2005, answer due 2/24/2005. (Maple, Johanna) (Entered: 02/08/2005)
7 NOTICE of Appearance by James K Whitaker on behalf of School City of Hammond (Whitaker, James) (Entered: 02/11/2005)
8 NOTICE of Hearing: Rule 16 Preliminary Pretrial Conference set for 4/7/2005 11:00 AM telephonically before Magistrate Judge Paul R Cherry w/the Court initiating the conference. Parties' proposed discovery plan in accordance with FRCP 26(f) due 4/1/05.(smb) (Entered: 02/15/2005)
9 MAGISTRATE CONSENT FORMS sent to all parties (Standard Track). (smb) (Entered: 02/15/2005)
10 Defendant School City of Hammond's ANSWER to 1 Complaint by EEOC by School City of Hammond.(Wilson, Heather) (Entered: 02/28/2005)
11 REPORT of Rule 26(f) Planning Meeting. (Maple, Johanna) (Entered: 03/28/2005)
12 RULE 16 PRELIMINARY PRETRIAL CONFERENCE held on 4/7/2005 before Magistrate Judge Paul Cherry. Pltf by J Maple. Defense by H Wilson. SCHEDULING ORDER:Any amendments to the pleadings to be filed by 6/15/2005 by Pltf, and by 7/15/05 by defense. Discovery deadline is 11/30/2005. Dispositive motions to be filed by 1/31/2006. Daubert motions to be filed by 12/30/2005, Jury Trial (3 day) set for 7/17/2006 08:30 AM in Hammond before Judge Philip P Simon. Final Pretrial Conference & Settlement Conference set for 6/15/2006 10:00 AM in Hammond before Judge Philip P Simon. All parties and/or representative(s) with settlement authority and counsel are ordered to be present. Trial Managment Conference set for 7/12/2006 10:00 AM before Judge Philip P Simon. Parties to exch wit-exhib lists, contentions, stipulations for inclusion in PTO by 5/15/06. C. Erik Chickedantz appointed as mediator. Results of the mediation shall be filed with the court no later than 10 days before the final pretrial conference. All other dates/ddl in joint report 11 are adopted and incorporated herein. #Digitally Recorded.) (smb) (Entered: 04/11/2005)
13 ORDER CONTROLLING FINAL PRETRIAL CONFERENCE AND TRIAL. Signed by Judge Paul R Cherry on 4/11/05. (smb) (Entered: 04/11/2005)
14 Joint MOTION to Approve Consent Judgment (for Entry of a Consent Decree) by Plaintiff Equal Employment Opportunity Commission. (Maple, Johanna) (Entered: 10/19/2005)
15 NOTICE OF ENDORSEMENT of 14 Joint MOTION to Approve Consent Judgment (for Entry of a Consent Decree) by Hammond School City of (Wilson, Heather) (Entered: 10/19/2005)
16 CONSENT DECREE, granting 14 Joint MOTION to Approve Consent Judgment (for Entry of a Consent Decree) filed by Equal Employment Opportunity Commission,, ***Civil Case Terminated. Signed by Judge Philip P Simon on 10/26/05. (kjp, ) (Entered: 10/26/2005)

3 of 4

6/13/2007 9:14 AM

CM/ECF USDC-INND Version 3.0.3 Live DB - Docket Report

https://ecf.innd.uscourts.gov/cgi-bin/DktRpt.pl?109985941951846-L_3...

PACER Service Center

Transaction Receipt

PACER Login:
Description:
Billable Pages:

06/13/2007 10:14:44

hs0328 Client Code: eeoc

Docket Report

Search Criteria:

2:05-cv-00029-PPS-PRC

2

Cost:

0.16

4 of 4

6/13/2007 9:14 AM