University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name United States of America v. Town of West Terre Haute EE-IN-0118
Docket / Court 03-CV-0206 ( S.D. Ind. )
State/Territory Indiana
Case Type(s) Equal Employment
Special Collection IWPR/Wage Project Consent Decree Study
Attorney Organization U.S. Dept. of Justice Civil Rights Division
Case Summary
On July 11, 2003, the United States Department of Justice ("D.O.J.") filed a lawsuit under Title VII, 42 U.S.C. Section 2000e, et seq. in the U.S. District Court for the Southern District of Indiana against Town of West Terre Haute (the "Town"). The D.O.J. alleged that the defendant had violated ... read more >
On July 11, 2003, the United States Department of Justice ("D.O.J.") filed a lawsuit under Title VII, 42 U.S.C. Section 2000e, et seq. in the U.S. District Court for the Southern District of Indiana against Town of West Terre Haute (the "Town"). The D.O.J. alleged that the defendant had violated Title VII by sexually harassing a female employee, resulting in a hostile work environment and her constructive discharge. The D.O.J asked the court to award compensatory damages for the individual employee and to require the defendant to implement an anti-discrimination program.

The complaint alleges that the Town sexually harassed the defendant by: (1) making crude comments about her breasts, body and weight; (2) repeatedly suggesting that she was having sexual relations with her co-workers; (3) making threatening remarks; (4) creating, maintaining, and condoning sexual harassment and a sexually hostile work environment in the West Terre Haute Police Department; and (5) failing or refusing to promptly and effectively investigate, remedy or prevent the above conduct.

A consent decree was entered and the case dismissed on March 9, 2004. The consent decree stated: (1) the Town shall not engage in any act or practice that discriminates against any employee or applicant for employment because of that employee's or applicant's sex; (2) the Town shall not retaliate against any person that has opposed any practice made unlawful by Title VII; (3) the Town shall submit a proposed written policy governing sexual harassment for the police department; (4) the Town shall adopt, implement, and publicize the agreed upon policy; and (5) the Town shall pay the individual employee compensatory damages.

This case is closed.

Erin Forman - 11/12/2007


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Issues and Causes of Action
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Issues
Affected Gender
Female
Defendant-type
Law-enforcement
Discrimination-area
Discharge / Constructive Discharge / Layoff
Harassment / Hostile Work Environment
Discrimination-basis
Sex discrimination
General
Disparate Treatment
Plaintiff Type
U.S. Dept of Justice plaintiff
Causes of Action Title VII (including PDA), 42 U.S.C. ยง 2000e
Defendant(s) Town of West Terre Haute
Plaintiff Description United States of America
Indexed Lawyer Organizations U.S. Dept. of Justice Civil Rights Division
Class action status sought No
Class action status granted No
Prevailing Party Mixed
Public Int. Lawyer Yes
Nature of Relief Damages
Injunction / Injunctive-like Settlement
Source of Relief Settlement
Form of Settlement Court Approved Settlement or Consent Decree
Order Duration 2004 - n/a
Case Closing Year 2004
Case Ongoing No
Additional Resources
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Case Studies Megacases, Diversity, and the Elusive Goal of Workplace Reform
Written: Mar. 01, 2008
By: Nancy Levit (University of Missouri-Kansas City School of Law)
Citation: 49 B.C. L. Rev. 367 (2008)
[ Detail ] [ External Link ]

  Second Generation Employment Discrimination: A Structural Approach
By: Susan Sturm (Columbia Law School)
Citation: 101 Colum. L. Rev. 458 (2001)
[ Detail ] [ External Link ]

Docket(s)
2:03-cv-00206-JDT-WGH (S.D. Ind.) 03/09/2004
EE-IN-0118-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Complaint 07/11/2003
EE-IN-0118-0001.pdf | Detail
Answer to Complaint 09/15/2003
EE-IN-0118-0004.pdf | Detail
Case Management Plan 10/09/2003
EE-IN-0118-0005.pdf | Detail
Order Directing Filing of a Pleading Authorizing Dismissal 02/06/2004 (S.D. Ind.)
EE-IN-0118-0006.pdf | Detail
Consent Decree 03/05/2004
EE-IN-0118-0002.pdf | Detail
Judges Hussmann, William G. Jr. (S.D. Ind.) [Magistrate]
EE-IN-0118-9000
Tinder, John Daniel (Seventh Circuit, S.D. Ind.)
EE-IN-0118-0006 | EE-IN-0118-9000
Monitors/Masters None on record
Plaintiff's Lawyers Acosta, R. Alexander (District of Columbia)
EE-IN-0118-0002
Ashcroft, John (District of Columbia)
EE-IN-0118-0001
Bailey, Sue Hendricks (Indiana)
EE-IN-0118-0001 | EE-IN-0118-9000
Blustein, Benjamin Jay (District of Columbia)
EE-IN-0118-0001 | EE-IN-0118-0002 | EE-IN-0118-0005 | EE-IN-0118-9000
Boyd, Ralph F. Jr. (District of Columbia)
EE-IN-0118-0001
Brooks, Susan W. (Indiana)
EE-IN-0118-0001
Gadzichowski, John M. (District of Columbia)
EE-IN-0118-0001 | EE-IN-0118-0002
Lewenberg, Sara Rachel (District of Columbia)
EE-IN-0118-0002 | EE-IN-0118-0005 | EE-IN-0118-9000
Rocque, Amanda (District of Columbia)
EE-IN-0118-0001 | EE-IN-0118-9000
Defendant's Lawyers Dilts, Jeremy Michael (Indiana)
EE-IN-0118-0002 | EE-IN-0118-9000
Liptak, Edward J. (Indiana)
EE-IN-0118-0002 | EE-IN-0118-0004 | EE-IN-0118-0005 | EE-IN-0118-9000
Other Lawyers None on record

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