University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name U.S. v. Escambia County Board of Education EE-AL-0093
Docket / Court 1:05-cv-00125-WS-C ( S.D. Ala. )
State/Territory Alabama
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 March 01, 2005, the U.S. Department of Justice ("D.O.J.") filed a lawsuit against Escambia County Board of Education ("Escambia Board") under Title VII of the Civil Rights Act of 1964 in the U.S. District Court for the Southern District of Alabama. The D.O.J. sought injunctive and monetary ... read more >
On March 01, 2005, the U.S. Department of Justice ("D.O.J.") filed a lawsuit against Escambia County Board of Education ("Escambia Board") under Title VII of the Civil Rights Act of 1964 in the U.S. District Court for the Southern District of Alabama. The D.O.J. sought injunctive and monetary relief, alleging that the defendant violated Title VII by discriminating against a female custodian on the basis of sex and by retaliating against the female custodian for complaining about the harassment.

The complaint specifically alleges that defendant discriminated on the basis of sex by: (1) subjecting the female custodian to sexual harassment during her employment with the Escambia Board that adversely affected the terms, conditions, and privileges of her employment; and (2) failing or refusing to take appropriate action to remedy the effects of the discriminatory treatment. The complaint further alleges that defendant retaliated against plaintiff by: (1) discharging plaintiff for opposing conduct that she reasonably believed to be unlawful under Title VII; and (2) failing or refusing to take appropriate action to remedy effects of the discriminatory treatment.

On June 3, 2005, the intervener complaint was filed requesting monetary and injunctive relief, and alleging that defendant violated Title VII by: (1) subjecting plaintiff to a sexually hostile, offensive and abusive work environment by the actions of an agent of defendant; and (2) failing or refusing to take remedial action or enforce an efficient anti-harassment policy. The complaint further alleged that defendant retaliated against plaintiff by terminating plaintiff's employment because of and in retaliation for her complaints reporting the unlawful sexual harassment of defendant's agent.

On August 14, 2006, the district court (Judge William H. Steele) entered a consent decree ordering that defendant: (1) agree to offer intervenor plaintiff a monetary relief, including backpay, compensatory damages, and attorney's fees and costs; (2) not provide negative employment references for the intervener plaintiff; (3) insure that every current employee has signed a declaration regarding its revised sexual harassment policy; (4) provide mandatory training regarding sexual harassment to all Escambia County Board of Education employees, supervisors, administrators, and officials; and (5) adopt, as a criterion for evaluating the performance of all employees who have supervisory or managerial authority over other employees of the Escambia County Board of Education, a factor that takes into account those individual's awareness of and compliance with the Board's sexual harassment policy.

We have no further information on this case.

Hyun Jeong Yang - 11/05/2007


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Issues and Causes of Action
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Issues
Affected Gender
Female
Defendant-type
Elementary/Secondary School
Discrimination-area
Harassment / Hostile Work Environment
Discrimination-basis
Sex discrimination
General
Disparate Treatment
Retaliation
Plaintiff Type
U.S. Dept of Justice plaintiff
Causes of Action Title VII (including PDA), 42 U.S.C. ยง 2000e
Defendant(s) Escambia County Board of Education
Plaintiff Description U.S. DOJ on behalf of a female custodian subjected to sexual harassment and retaliated against for objecting to the harassment
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 Court Approved Settlement or Consent Decree
Order Duration 2006 - 2008
Case Closing Year 2006
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)
1:05-cv-00125-WS-C (S.D. Ala.) 08/14/2006
EE-AL-0093-9000 PDF | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Complaint and Demand for Jury Trial 03/01/2005
EE-AL-0093-0002 PDF | Detail
Intervenor's Complaint 04/06/2005
EE-AL-0093-0003 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order [Granting Motion to Compel] 03/21/2006 (S.D. Ala.)
EE-AL-0093-0004 PDF | Detail
Consent Decree 08/14/2006
EE-AL-0093-0005 PDF | Detail
Judges Cassady, William E. (S.D. Ala.) [Magistrate]
EE-AL-0093-0004 | EE-AL-0093-9000
Steele, William H. (S.D. Ala.) [Magistrate]
EE-AL-0093-9000
Monitors/Masters None on record
Plaintiff's Lawyers Baer, Charles (Alabama)
EE-AL-0093-0002 | EE-AL-0093-9000
Embrey, Diana L. (District of Columbia)
EE-AL-0093-0002
Fenton, William B. (District of Columbia)
EE-AL-0093-0002
Galbreath, Robert Lee (District of Columbia)
EE-AL-0093-0002 | EE-AL-0093-0005 | EE-AL-0093-9000
Gardner, Leslie M. (District of Columbia)
EE-AL-0093-0005
Palmer, David J. (District of Columbia)
EE-AL-0093-0002 | EE-AL-0093-0005
Defendant's Lawyers Bennett, Alicia Fritz (Alabama)
EE-AL-0093-0005 | EE-AL-0093-9000
Boardman, Mark S. (Alabama)
EE-AL-0093-0005 | EE-AL-0093-9000
Carr, Clay Richard (Alabama)
EE-AL-0093-9000
Other Lawyers Stein, Gregory B. (Alabama)
EE-AL-0093-0003 | EE-AL-0093-0005 | EE-AL-0093-9000

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