University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name United States of America v. Town of West Terre Haute EE-IN-0118
Docket / Court 03-CV-0206 ( S.D. Ind. )
State/Territory Indiana
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 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 ... read more >
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.

This case is closed.

Erin Forman - 11/12/2007

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Issues and Causes of Action
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Affected Gender
Discharge / Constructive Discharge / Layoff
Harassment / Hostile Work Environment
Sex discrimination
Disparate Treatment
Plaintiff Type
U.S. Dept of Justice plaintiff
Causes of Action Title VII (including PDA), 42 U.S.C. ยง 2000e
Defendant(s) Town of West Terre Haute
Plaintiff Description United States of America
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 2004 - n/a
Case Closing Year 2004
Case Ongoing No
Additional Resources
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  Microsoft Gender Discrimination Class Action Lawsuit
Date: Oct. 14, 2016
By: Outten & Golden
[ Detail ] [ External Link ]

  Age Discrimination Class Action seeks Fair Employment for Older PwC Applicants
Date: Apr. 27, 2016
By: Outten & Golden
[ Detail ] [ External Link ]

  Smith Barney Gender Discrimination
Date: August 2008
By: Outten & Golden
[ Detail ] [ External Link ]

  Megacases, Diversity, and the Elusive Goal of Workplace Reform
Date: Mar. 1, 2008
By: Nancy Levit (University of Missouri-Kansas City School of Law Faculty)
Citation: 49 B.C. L. Rev. 367 (2008)
[ Detail ] [ External Link ]

  Second Generation Employment Discrimination: A Structural Approach
Date: Apr. 1, 2001
By: Susan Sturm (Columbia Law School Faculty)
Citation: 101 Colum. L. Rev. 458 (2001)
[ Detail ] [ External Link ]

2:03-cv-00206-JDT-WGH (S.D. Ind.)
EE-IN-0118-9000.pdf | Detail
Date: 03/09/2004
Source: PACER [Public Access to Court Electronic Records]
General Documents
EE-IN-0118-0001.pdf | Detail
Date: 07/11/2003
Answer to Complaint
EE-IN-0118-0004.pdf | Detail
Date: 09/15/2003
Case Management Plan
EE-IN-0118-0005.pdf | Detail
Date: 10/09/2003
Order Directing Filing of a Pleading Authorizing Dismissal (S.D. Ind.)
EE-IN-0118-0006.pdf | Detail
Date: 02/06/2004
Consent Decree
EE-IN-0118-0002.pdf | Detail
Date: 03/05/2004
Judges Hussmann, William G. Jr. (S.D. Ind.)
Tinder, John Daniel (Seventh Circuit, S.D. Ind.)
EE-IN-0118-0006 | EE-IN-0118-9000
Plaintiff's Lawyers Acosta, R. Alexander (District of Columbia)
Ashcroft, John (District of Columbia)
Bailey, Sue Hendricks (Indiana)
EE-IN-0118-0001 | EE-IN-0118-9000
Blustein, Benjamin Jay (District of Columbia)
EE-IN-0118-0001 | EE-IN-0118-0002 | EE-IN-0118-0005 | EE-IN-0118-9000
Boyd, Ralph F. Jr. (District of Columbia)
Brooks, Susan W. (Indiana)
Gadzichowski, John M. (District of Columbia)
EE-IN-0118-0001 | EE-IN-0118-0002
Lewenberg, Sara Rachel (District of Columbia)
EE-IN-0118-0002 | EE-IN-0118-0005 | EE-IN-0118-9000
Rocque, Amanda (District of Columbia)
EE-IN-0118-0001 | EE-IN-0118-9000
Defendant's Lawyers Dilts, Jeremy Michael (Indiana)
EE-IN-0118-0002 | EE-IN-0118-9000
Liptak, Edward J. (Indiana)
EE-IN-0118-0002 | EE-IN-0118-0004 | EE-IN-0118-0005 | EE-IN-0118-9000

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