On July 11, 2003, the United States Department of Justice ("D.O.J.") filed a lawsuit under Title VII, 42 U.S.C. Section 2000e, et seq. in the U.S. District Court for the Southern District of Indiana against Town of West Terre Haute (the "Town"). The D.O.J. alleged that the defendant had violated Title VII by sexually harassing a female employee, resulting in a hostile work environment and her constructive discharge. The D.O.J asked the court to award compensatory damages for the individual employee and to require the defendant to implement an anti-discrimination program.

The complaint alleges that the Town sexually harassed the defendant by: (1) making crude comments about her breasts, body and weight; (2) repeatedly suggesting that she was having sexual relations with her co-workers; (3) making threatening remarks; (4) creating, maintaining, and condoning sexual harassment and a sexually hostile work environment in the West Terre Haute Police Department; and (5) failing or refusing to promptly and effectively investigate, remedy or prevent the above conduct.

A consent decree was entered and the case dismissed on March 9, 2004. The consent decree stated: (1) the Town shall not engage in any act or practice that discriminates against any employee or applicant for employment because of that employee's or applicant's sex; (2) the Town shall not retaliate against any person that has opposed any practice made unlawful by Title VII; (3) the Town shall submit a proposed written policy governing sexual harassment for the police department; (4) the Town shall adopt, implement, and publicize the agreed upon policy; and (5) the Town shall pay the individual employee compensatory damages. The court retained jurisdiction for twelve months following entry on decree.

This case is closed.

Erin Forman - 11/12/2007


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