The U.S. Department of Justice's Civil Rights Division filed this lawsuit against the Michigan Department of Corrections (MDOC) on June 13, 2016 in the U.S. District Court for the Eastern District of Michigan. The action proceeded under Title VII, 42 U.S.C. §§ 2000 et. seq., alleging policies and practices that discriminated on the basis of sex.
In 2009, MDOC allocated certain officer positions in its female correctional facilities as female-only assignments, such as Food Service Officer, Yard Control Officer, Property Room Officer, and Electronic Monitor Officer. MDOC instituted a freeze on all transfers out of female correctional facilities. MDOC denied female officers' transfer requests, while allowing male officers to move between facilities. The case was assigned to Judge Paul D. Borman.
In the complaint and the amended complaint, filed July 27, 2016, the DOJ alleged that MDOC policies denied female employees the opportunities provided to men and were required to work overtime at the expense of their health. DOJ sought monetary damages and an order to enjoin the defendants from further discrimination in job assignments based on sex and in the grant of transfer requests. The complaint also sought to compel the state to develop and implement appropriate and effective measures to prevent discrimination, such as policies, procedures, and training for employees.
On October 9, 2018, the parties notified the court that they had reached a settlement and stated that they planned to submit the settlement to the court for approval. As a part of the proposed settlement, the defendant agreed to create a Title VII-compliant process in consultation with the DOJ, provide a limited number of priority transfers to class members, create a compensation fund of $750,000, and establish a dispute resolution process.
Before the court made a decision on the settlement, four members of the class who had filed complaints with EEOC filed a motion to intervene. The intervenors alleged that the DOJ was not keeping them informed on the litigation and failed to consult with or notify the intervenors regarding the settlement.
In light of the government shutdown, Judge Borman granted a stay lasting from December 28, 2018 to February 5, 2019.
On March 29, 2019, Judge Borman denied the intervenors' motion, stating that DOJ representatives had been in regular contact with the intervenors and that the proposed settlement was was fair and would allow them an opportunity to object at a fairness hearing. As a result, Judge Borman believed that granting the motion to intervene would be futile.
The proposed settlement is currently pending the court's approval.
Susie Choi - 02/02/2017
Lisa Limb - 04/10/2018
Hope Brinn - 05/13/2020
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