On May 10, 2002, the United States filed a lawsuit under Title VII against the City of Fort Lauderdale in the U.S. District Court for the Southern District of Florida, alleging that City's Public Services Department discriminated against an employee on the basis of his race. Specifically, the United States contended that the defendant failed or refused to promote an employee to the position of Engineering Inspector because he was an African-American, and that the defendant failed or refused to take appropriate action to remedy fully the effects of the discrimination against this employee. Furthermore, the United States alleged that the City of Fort Lauderdale subjected the employee to harassment that adversely affected the terms, conditions, and privileges of his employment because he opposed the discriminatory employment practices, filed an internal complaint of discrimination with the City, and filed a charge of discrimination with the Equal Employment Opportunity Commission. The United States sought injunctive and monetary relief.

The defendant eventually promoted the employee to the position of Engineering Inspector I in September 1998, but did not receive back pay or other relief. The defendant denied the United States' allegations and further denied that it had engaged in any unlawful employment discrimination, harassment, or retaliation in violation of Title VII.

On January 13, 2003, the plaintiffs and the defendant agreed to enter into a consent decree ordered by the district court (Judge Donald L. Graham). The City of Fort Lauderdale agreed not to engage in any act that unlawfully discriminates against any employee or potential employee because of that individual's race. The City further agreed that it would not retaliate against any person in a manner prohibited by Title VII of the Civil Rights Act of 1964 because that person made an internal complaint of discrimination; filed a charge of discrimination with the EEOC, the Florida Commission on Human Relations, or the Broward County Human Rights Division; participated in or cooperated with the initiation, investigation, litigation or administration of this settlement agreement; or provided information to the Department of Justice. Furthermore, the city of Fort Lauderdale agreed to post anti-discrimination and anti-harassment policies in a prominent and conspicuous location in City Hall and in the Department of Public Services.

Additionally, the City agreed to arrange mandatory training for all employees. While this settlement agreement remains in effect, the city will maintain all records related to the filling of vacancies for Engineering Inspector I positions for each hiring event, application period, test administration, and phase of any test administration, and the Department of Justice can request to see them in order to monitor the city's compliance.

The docket ends on December 7, 2005 with the district court (Judge Graham) entering and order dismissing the case with prejudice.

Dana Schwarz - 11/06/2007


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