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 ...
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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