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Case Name
Jane Doe v. District of Columbia
EE-DC-0026
Docket / Court
02-2338 (RMU) ( D.D.C. )
State/Territory
District of Columbia
Case Type(s)
Equal Employment
Attorney Organization
U.S. Dept. of Justice Civil Rights Division
Case Summary
On November 25, 2002, Jane Does I, II, and III filed lawsuits against the District of Columbia under Title VII, 42 U.S.C. § 2000e, et seq. and 42 U.S.C. § 1983e in the Superior Court of the District of Columbia. On the same day, the cases were removed to the U.S. District Court for the District ...
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On November 25, 2002, Jane Does I, II, and III filed lawsuits against the District of Columbia under Title VII, 42 U.S.C. § 2000e, et seq. and 42 U.S.C. § 1983e in the Superior Court of the District of Columbia. On the same day, the cases were removed to the U.S. District Court for the District of Columbia. On August 5, 2004, the United States filed an Intervenor Complaint in all three cases. The plaintiffs allege that the District of Columbia discriminated against the plaintiff and other females with respect to hiring into and employment in emergency medical response technician ("EMT") positions with the District of Columbia Fire and Emergency Medical Services Department ("FEMSD") because of their sex and deprived them of their constitutional right. The plaintiffs asked for injunctive, remedial and compensatory relief for the plaintiffs and other females similarly situated.
The complaint alleges that the District of Columbia discriminated on the basis of sex by: (1) subjecting the plaintiffs and other female applicants for EMT positions in the District of Columbia's FEMSD to a pre-hiring pregnancy test; (2) conditioning an offer of employment to plaintiffs and other female applicants upon a negative result of the test; (3) advising plaintiffs and other female EMT's that if during their probationary periods they were or became pregnant, they were at risk of losing their jobs; and (4) failing or refusing to take appropriate action to remedy the effects of the discrimination.
One of the individually named defendants filed a counterclaim for slander stating: (1) the court lacks personal jurisdiction over the defendant as a result of the plaintiffs' failure to properly serve the defendant; (2) none of the said injuries were caused be or contributed to by the defendant's conduct; (3) each plaintiff gave informed consent to and assumed risk of having an abortion; (4) each plaintiff failed to exhaust her administrative remedies; and (5) the plaintiffs' legal representatives are the proximate cause of any alleged emotional distress, physical harm and pain arising in connection with each plaintiff's abortion.
As a result of the above discrimination, women who became pregnant during their probationary periods felt compelled to, and did, terminate their pregnancies by abortions. They did this so as not to risk losing their jobs. The plaintiffs filed a timely charge with the Equal Employment Opportunity Commission ("EEOC") in which she alleged the District of Columbia discriminated against her on the basis of sex. On August 31, 2005, a settlement agreement was reached that set the following provisions: (1) any and all claims or counter-claims the District of Columbia or its current or former employees have against the plaintiffs shall be released; (2) the District of Columbia's implementation and adoption of nondiscriminatory policies; (3) and the District of Columbia shall provide training on the rights of pregnant employees and applicants. The District of Columbia also agreed to report back to the United States with any complaints for three years.
The case is closed.
Erin Forman - 10/24/2007
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Issues and Causes of Action
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Issues
Affected Gender
Female
Defendant-type
Fire
Discrimination-area
Hiring
Discrimination-basis
Pregnancy discrimination
Sex discrimination
Plaintiff Type
U.S. Dept of Justice plaintiff
Causes of Action
42 U.S.C. § 1983
Title VII (including PDA), 42 U.S.C. § 2000e
Case Details
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Defendant(s)
District of Columbia Fire
Plaintiff Description
Jane Does I, II, III and United States of America
Indexed Lawyer Organizations
U.S. Dept. of Justice Civil Rights Division
Class action status sought
No
Class action status granted
No
Filed Pro Se
No
Prevailing Party
Mixed
Public Int. Lawyer
Yes
Nature of Relief
Injunction / Injunctive-like Settlement
Source of Relief
Settlement
Form of Settlement
Court Approved Settlement or Consent Decree
Order Duration
2005 - 2008
Filed
11/25/2002
Case Closing Year
2008
Case Ongoing
No
Additional Resources
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Documents
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Court
Docket(s)
D.D.C.
11/25/2002
02-2340-RMU
EE-DC-0026-9002.pdf
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Detail
Source: PACER [Public Access to Court Electronic Records]
D.D.C.
03/10/2004
02-2338 (RMU)
EE-DC-0026-9001.pdf
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Detail
Source: PACER [Public Access to Court Electronic Records]
D.D.C.
10/06/2006
02-2338 (RMU)
EE-DC-0026-9000.pdf
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Detail
Source: PACER [Public Access to Court Electronic Records]
General Documents
D.D.C.
02/25/2004
Complaint in Intervention
EE-DC-0026-0001.pdf
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Detail
D.D.C.
02/25/2004
Complaint In Intervention
EE-DC-0026-0004.pdf
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Detail
D.D.C.
02/25/2004
Complaint In Intervention
EE-DC-0026-0005.pdf
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Detail
D.D.C.
03/09/2004
Consolidated Defenses, Answer and Counterclaim
EE-DC-0026-0003.pdf
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Detail
D.D.C.
08/31/2005
Settlement Agreement [ECF# 61]
EE-DC-0026-0002.pdf
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Detail
Source: PACER [Public Access to Court Electronic Records]
D.D.C.
09/05/2006
Opinion
(448 F.Supp.2d 137)
EE-DC-0026-0006.pdf
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WESTLAW
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LEXIS
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Detail
Source: Google Scholar
People
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Judges
Urbina, Ricardo M.
(D.D.C.)
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EE-DC-0026-0002 | EE-DC-0026-9000 | EE-DC-0026-9001 | EE-DC-0026-9002
Plaintiff's Lawyers
Acosta, R. Alexander
(District of Columbia)
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EE-DC-0026-0001 | EE-DC-0026-0004 | EE-DC-0026-0005
Boardman, Ellen O.
(District of Columbia)
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EE-DC-0026-9000
Gadzichowski, John M.
(District of Columbia)
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EE-DC-0026-0001 | EE-DC-0026-0004 | EE-DC-0026-0005 | EE-DC-0026-9000
Hammond, Kristofor J
(District of Columbia)
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EE-DC-0026-9000
Johnson, Alicia Dyoni
(District of Columbia)
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EE-DC-0026-9000
Loughlin, Ann L.
(District of Columbia)
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EE-DC-0026-0001 | EE-DC-0026-0004 | EE-DC-0026-0005 | EE-DC-0026-9000
Malone, Louis P.
(District of Columbia)
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EE-DC-0026-9000 | EE-DC-0026-9001 | EE-DC-0026-9002
Palmer, David J.
(District of Columbia)
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EE-DC-0026-0001 | EE-DC-0026-0004 | EE-DC-0026-0005
Woodard, Karen D.
(District of Columbia)
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EE-DC-0026-9000
Defendant's Lawyers
Bianco, Richard
(District of Columbia)
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EE-DC-0026-0003
Hall, Wendel
(District of Columbia)
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EE-DC-0026-9000 | EE-DC-0026-9001 | EE-DC-0026-9002
Longmeyer, Jennifer L.
(District of Columbia)
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EE-DC-0026-9000 | EE-DC-0026-9001 | EE-DC-0026-9002
Strauss, Paul
(District of Columbia)
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EE-DC-0026-0003
Vavruska, Ronald L. Jr.
(District of Columbia)
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EE-DC-0026-0003 | EE-DC-0026-9000
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