On August 6, 1996, an individual employee filed a lawsuit under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq., 42 U.S.C. § 1981, and 42 U.S.C. § 1983, against his employer, the Illinois Department of Transportation ("IDOT"), in the United States District Court for the Northern District of Illinois . The plaintiff, represented by private counsel, alleged intentional discrimination and disparate impact and asked the court for injunctive and monetary relief. The plaintiff alleged that in December 1991, IDOT had adopted a policy that only applied to maintainers, who were heavy construction equipment operators eligible for promotion to lead worker, a policy restricting the promotion of otherwise qualified black maintainers to the position of lead worker. Specifically, he contended that he was denied promotions on multiple occasions in favor of a white applicant with the same or lesser credentials. The plaintiff sought to act on behalf of a plaintiff class of similarly situated employees.

On June 5, 1998, the court (Judge Charles Ronald Norgle Sr.) granted class certification to African-American employees, specifically highway maintainers stationed in Cook County for two or more years, who had not been promoted to position of heavy construction equipment operator or lead worker. Massie v. IDOT, 1998 WL 312021 (N.D. Ill. 1998). Though two years of settlement efforts were unsuccessful and a jury trial was set to begin on April 3, 2000, a consent decree was signed and filed by the parties on April 12, 2000, granting class members monetary and injunctive relief, which included the equal training of employees. The purposes of the decree were to ensure that class members were "afforded equal opportunity for promotions regardless of race and/or color" and to provide injunctive and monetary relief for class members. McGee v. IDOT, 2002 WL 31478261 (N.D. Ill. 2002). According to the PACER docket, on June 12, 2000, the court (Judge Sidney I. Schenkier) granted the class counsels' motion for an award of attorney fees and litigation costs, granted the final approval of the class settlement and consent decree, and dismissed the case.

Emily Kuznick - 04/02/2008


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