University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name Settlement agreement between United States (on behalf of Michelle Sparling) and Metropolitan School District of Wabash County (IN) EE-IN-0123
Docket / Court NA ( No Court )
State/Territory Indiana
Case Type(s) Equal Employment
Attorney Organization U.S. Dept. of Justice Civil Rights Division
Case Summary
In 2001, a female teacher filed charges with the Indianapolis District Office of EEOC against her employer, the Metropolitan School District of Wabash County (MSD), under Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e, et seq. The complainant alleged gender discrimination ... read more >
In 2001, a female teacher filed charges with the Indianapolis District Office of EEOC against her employer, the Metropolitan School District of Wabash County (MSD), under Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e, et seq. The complainant alleged gender discrimination against her and other female teachers of MSD. Specifically, she alleged that under the teachers' 1995 and 2000 Collective Bargaining Agreements, only male teachers were entitled to paid parental leave under a provision called "Paternity Days". According to the Wabash Plain Dealer, female teachers were not entitled to paid maternity leave and they were prevented from using accumulated sick leave for their days off. The dispute arose in February 1999, when the plaintiff was pregnant and a member of the teacher organization's contract negotiating team.

In September 2001, the EEOC issued a determination letter stating that reasonable cause existed to believe that MSD discriminated against the plaintiff on the basis of sex. The EEOC was unable to secure an acceptable conciliation agreement and the charges were referred to the DOJ to seek compliance.

According to the Wabash Plain Dealer, the MSD came into compliance with the EEOC findings no later than 2003, when a new Collective Bargaining Agreement was entered. Under provisions labeled "Parental Days" in the 2003 Agreement, all teachers were entitled to two days of paid leave at the time of giving birth or teacher's wife giving birth.

On November 29, 2005, the DOJ, MSD, and the complainant settled the matter. Under the settlement agreement, no party made any admissions. The MSD agreed to give two days' pay to the complainant and each other female teachers who had given birth prior to 2003. The MSD agreed to give notice to all female and former teachers, who gave birth in the period above, of the details of the offer and the settlement agreement. The settlement preserved the DOJ's right to monitor compliance with the agreement by the MSD, and if necessary to sue to enforce it.

Zhandos Kuderin - 07/07/2014


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Issues and Causes of Action
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Issues
Affected Gender
Female
Content of Injunction
Discrimination Prohibition
Defendant-type
Elementary/Secondary School
Discrimination-area
Accommodation / Leave
Pay / Benefits
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. § 2000e
Defendant(s) Metropolitan School District of Wabash County
Plaintiff Description United States government on behalf of a female school teacher, discriminated against on the basis of her sex.
Indexed Lawyer Organizations U.S. Dept. of Justice Civil Rights Division
Class action status sought No
Class action status granted No
Prevailing Party Plaintiff
Public Int. Lawyer Yes
Nature of Relief Damages
Injunction / Injunctive-like Settlement
Source of Relief Settlement
Form of Settlement Private Settlement Agreement
Order Duration 2005 - 2005
Case Closing Year 2005
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)
No docket sheet currently in the collection
General Documents
Settlement Agreement 11/29/2005
EE-IN-0123-0001.pdf | Detail
Document Source: U.S. Department of Justice, Civil Rights Division, Employment Litigation Section
Judges None on record
Monitors/Masters None on record
Plaintiff's Lawyers Barksdale, Antoinette (District of Columbia)
EE-IN-0123-0001
Fenton, William B. (District of Columbia)
EE-IN-0123-0001
Schlozman, Bradley (District of Columbia)
EE-IN-0123-0001
Defendant's Lawyers Tiede, Charles (Indiana)
EE-IN-0123-0001
Other Lawyers None on record

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