On September 25, 2002, the United States filed a lawsuit under Title VII against the Indiana Department of Transportation in the ("INDOT") United States District Court for the Southern District of Indiana. The United States alleged that the Department of Transportation discriminated against an ...
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On September 25, 2002, the United States filed a lawsuit under Title VII against the Indiana Department of Transportation in the ("INDOT") United States District Court for the Southern District of Indiana. The United States alleged that the Department of Transportation discriminated against an Indian-American employee on the basis of his national origin. Specifically, the plaintiff contended that INDOT failed or refused to promote an Indian-American employee to a vacancy in the Highway Engineer Supervisor 3 classification and failed or refused to take appropriate action to remedy the effects of the discriminatory treatment of this employee. The United States sought injunctive and remedial relief.
The EEOC investigated the charge, found reasonable cause to believe that the allegation of national origin discrimination was true, attempted unsuccessfully to achieve a voluntary resolution of the charge through conciliation and subsequently referred the matter to the DOJ.
On September 3, 2003, the plaintiff and the defendant entered into a consent decree ordered by the district court (Judge Sarah Evans Barker). The consent decree ordered INDOT to pay the plaintiff back pay and contribute adjusted retirement benefits to his retirement account, which represent the amount the State would have contributed to his retirement account had he been promoted to the Highway Engineer Supervisor 3 classification. INDOT agreed to place the plaintiff in the Executive Broadband classification as the Environment/Planning and Engineering Consultant Services Manager. Additionally, defendant agreed not to engage in any act or practice that unlawfully retaliates against the plaintiff for exercising his rights under Title VII. Furthermore, INDOT agreed not to unlawfully discriminate against any employee because of national origin and to provide employment discrimination awareness training to all supervisory and management personnel, as well as to any other individuals employed by INDOT who participate in the process by which individuals are selected for a promotion by INDOT. Finally, INDOT agreed to retain all relevant records for the duration of this Consent Decree. In return, the plaintiff executed a release.
We have no further information on this case.Dana Schwarz - 11/06/2007