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Case Name United States of America v. Indiana Department of Transportation EE-IN-0121
Docket / Court 1:02-cv-01475-SEB-VSS ( S.D. Ind. )
State/Territory Indiana
Case Type(s) Equal Employment
Attorney Organization U.S. Dept. of Justice Civil Rights Division
Case Summary
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 ... read more >
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


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Issues and Causes of Action
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Issues
Affected Gender
Male
Defendant-type
Transportation
Discrimination-area
Promotion
Discrimination-basis
National origin discrimination
General
Disparate Treatment
National Origin/Ethnicity
Indian
Plaintiff Type
U.S. Dept of Justice plaintiff
Causes of Action Title VII (including PDA), 42 U.S.C. ยง 2000e
Defendant(s) State of Indiana
Plaintiff Description U.S. Department of Justice on behalf of Indian-American employees
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 not on record
Case Closing Year n/a
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)
1:02-cv-01475 (S.D. Ind.) 09/03/2003
EE-IN-0121-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Complaint 09/25/2002
EE-IN-0121-0001.pdf | Detail
Consent Decree 09/03/2003
EE-IN-0121-0002.pdf | Detail
Judges Barker, Sarah Evans (S.D. Ind.)
EE-IN-0121-0002 | EE-IN-0121-9000
Shields, V. Sue (S.D. Ind.) [Magistrate]
EE-IN-0121-9000
Monitors/Masters None on record
Plaintiff's Lawyers Acosta, R. Alexander (District of Columbia)
EE-IN-0121-0002
Boyd, Ralph F. Jr. (District of Columbia)
EE-IN-0121-0001 | EE-IN-0121-9000
Brooks, Susan W. (Indiana)
EE-IN-0121-0001
Fenton, William B. (District of Columbia)
EE-IN-0121-0001 | EE-IN-0121-0002 | EE-IN-0121-9000
Hanlon, James Patrick (Indiana)
EE-IN-0121-0001 | EE-IN-0121-9000
Rao, Sonya A (District of Columbia)
EE-IN-0121-0002 | EE-IN-0121-9000
Richards, Debra G (Indiana)
EE-IN-0121-9000
Defendant's Lawyers Erdmann, Patricia Orloff (Indiana)
EE-IN-0121-0002 | EE-IN-0121-9000
O'Connor, Anne M (Indiana)
EE-IN-0121-0002
Wielenberg, Margaret Dewey (Indiana)
EE-IN-0121-0002 | EE-IN-0121-9000
Other Lawyers Yang, Jenny R. (District of Columbia)
EE-IN-0121-0001 | EE-IN-0121-0001

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