On March 29, 2007, the Equal Employment Opportunity Commission (EEOC) filed this lawsuit in the Southern District of New York on behalf of thirteen women employed by Sing Sing Correctional Facility. Ten additional women were later identified as complainants. The plaintiff sued New York State Department of Correctional Services (DOCS) under the Equal Pay Act and Title VII of the Civil Rights Act, alleging that the defendant violated federal law by providing inferior benefits to female employees on maternity leave. The plaintiff sought permanent injunctive relief, reinstatement for several employees, backpay, and attorney’s fees.

Specifically, the plaintiff alleged that the defendant gave male employees with work-related injuries up to six months of paid workers’ compensation leave, and though women were allowed the same leave, pregnant employees on paid workers’ compensation leave were involuntary switched to maternity leave at or around the time they gave birth. The company’s maternity leave policy required that women first use their accrued paid time off before switching to sick leave with half pay and then unpaid sick leave. The plaintiff alleged that the defendant, by failing to make a case-by-case judgement concerning each female employee’s eligibility for workers’ compensation, engaged in employment discrimination through its categorical determination that female employees who had recently given birth should be transferred from workers’ compensation leave and benefits to the lesser-paid maternity leave policy.

On October 23, 2007, Judge Shira A. Scheindlin referred the case to Magistrate Judge Henry B. Pitman for settlement.

On May 21, 2008, the parties reached a settlement that provided $972,000 in compensatory damages, liquidated damages, back pay, and interest to the complainants. The order also contained a provision through which the court could order monetary relief to additional victims identified after the settlement. The order was subject to monitoring by the EEOC and the court for up to five years. Although it was not made clear on the docket, the consent decree indicates that the United States Department of Justice (DOJ) got involved in this matter and filed a separate case in 2008 (08-4419). The two plaintiff parties shared a consent decree with similar stipulations. Enforcement of the DOJ’s consent decree lasted three years.

The settlement also enjoined DOCS from engaging in any act or practice that discriminated against any employee on the basis of pregnancy or childbirth, including the removal of any female employee from workers’ compensation solely because of childbirth. The DOCS was required to provide each employee who requested to use maternity or child-rearing leave with written notification of the company’s policy. Additionally, the court ordered DOCS to provide for its administrative staff anti-discrimination training, including a discussion of pregnancy discrimination and discrimination in pay and benefits. DOCS was to forward a copy of attendance sheets for such trainings to EEOC and to the court. The settlement also allowed for the later identification and inclusion of employees who were affected by discriminatory practices of DOCS but not listed in the initial complaint. A total of twenty-three complainants were in the initial consent decree.

Since the order was signed in 2008, it has been modified to include 5 more women. The defendant paid a total of almost $147,000 to these women.

The consent decree is now complete and the case closed.

Nina Orteza - 10/05/2018


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