On May 12th, 2000, the United States Department of Justice ("D.O.J.") filed a lawsuit under Title VII, 42 U.S.C. § 2000e et seq. against H.N. McElroy, the Harris County Justice of the Peace, and Harris County in the United States District Court for the Southern District of Texas. The DOJ sought ...
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On May 12th, 2000, the United States Department of Justice ("D.O.J.") filed a lawsuit under Title VII, 42 U.S.C. § 2000e et seq. against H.N. McElroy, the Harris County Justice of the Peace, and Harris County in the United States District Court for the Southern District of Texas. The DOJ sought injunctive relief and demanded a trial by jury, alleging that the defendant violated Title VII by discriminating against employees on the basis of their race and sex.
The alleged discrimination occurred against a black female formerly employed in the office of the Harris County Justice of the Peace, and similarly situated black females. This discrimination took the form of subjecting them to sexual harassment that adversely affected the terms, conditions, and privileges of their employment, and failing or refusing to take appropriate action to remedy the discriminatory treatment. Furthermore, the complaint states that the defendant discriminated against the black female by constructively discharging her.
Her motion to intervene having been granted, the intervenor filed her complaint on October 10th, 2000, although this document is not available. On March 6th, 2002, the court (Lynn N. Hughes) referred the case for mediation.
A consent decree between the United States and the defendant was entered on April 30th, 2002. The decree listed specific individual relief in the form of monetary compensation. It also outlined general injunctive relief, including the prohibition against sexual harassment and retaliation. According to the decree, the JP 4-1 must adopt a JP 4-1 anti-sexual harassment and anti-retaliation policy and procedures no later than forty-five days after entry of the decree. This policy must include the name(s) and telephone number(s) of each official designated by the JP 4-1 and Harris County to receive sexual harassment complaints, and a statement that the supervisors shall take complaints seriously. The policy must also state that a supervisor who is aware or should have been aware of sexual harassment against an employee but fails to report it to the Harris County official designated for such complaints shall be subject to discipline up to and including dismissal. Furthermore, the policy must be distributed to all current and future employees; with five days of receipt of the policy, each employee must sign an acknowledgment that s/he has read and understood it, and this acknowledgment must be placed in each employee's personnel file. The defendants must also provide sexual harassment training, and retain for the duration of the decree all records necessary to monitor its implementation.
The court (Lynn N. Hughes) retained jurisdiction for a period of one year from the date of the consent decree.
On May 10th, 2002, the court (Lynn N. Hughes) granted the motion to dismiss the case with prejudice.Jennifer Hau - 10/29/2007