Case: United States of America v. Indiana Department of Transportation

1:02-cv-01475 | U.S. District Court for the Southern District of Indiana

Filed Date: Sept. 25, 2002

Clearinghouse coding complete

Case Summary

On September 25, 2002, the United States filed a lawsuit under Title VII against the Indiana Department of Transportation in the ("INDOT") United States District Court for the Southern District of Indiana. The United States alleged that the Department of Transportation discriminated against an Indian-American employee on the basis of his national origin. Specifically, the plaintiff contended that INDOT failed or refused to promote an Indian-American employee to a vacancy in the Highway Engineer…

On September 25, 2002, the United States filed a lawsuit under Title VII against the Indiana Department of Transportation in the ("INDOT") United States District Court for the Southern District of Indiana. The United States alleged that the Department of Transportation discriminated against an Indian-American employee on the basis of his national origin. Specifically, the plaintiff contended that INDOT failed or refused to promote an Indian-American employee to a vacancy in the Highway Engineer Supervisor 3 classification and failed or refused to take appropriate action to remedy the effects of the discriminatory treatment of this employee. The United States sought injunctive and remedial relief.

The EEOC investigated the charge, found reasonable cause to believe that the allegation of national origin discrimination was true, attempted unsuccessfully to achieve a voluntary resolution of the charge through conciliation and subsequently referred the matter to the DOJ.

On September 3, 2003, the plaintiff and the defendant entered into a consent decree ordered by the district court (Judge Sarah Evans Barker). The consent decree ordered INDOT to pay the plaintiff back pay and contribute adjusted retirement benefits to his retirement account, which represent the amount the State would have contributed to his retirement account had he been promoted to the Highway Engineer Supervisor 3 classification. INDOT agreed to place the plaintiff in the Executive Broadband classification as the Environment/Planning and Engineering Consultant Services Manager. Additionally, defendant agreed not to engage in any act or practice that unlawfully retaliates against the plaintiff for exercising his rights under Title VII. Furthermore, INDOT agreed not to unlawfully discriminate against any employee because of national origin and to provide employment discrimination awareness training to all supervisory and management personnel, as well as to any other individuals employed by INDOT who participate in the process by which individuals are selected for a promotion by INDOT. Finally, INDOT agreed to retain all relevant records for the duration of this Consent Decree. In return, the plaintiff executed a release.

We have no further information on this case.

Summary Authors

Dana Schwarz (11/6/2007)

People


Judge(s)

Barker, Sarah Evans (Indiana)

Shields, V. Sue (Indiana)

Attorneys(s) for Plaintiff

Boyd, Ralph F. Jr. (District of Columbia)

Fenton, William B. (District of Columbia)

Hanlon, James Patrick (Indiana)

Rao, Sonya A (District of Columbia)

Richards, Debra G (Indiana)

Attorneys(s) for Defendant

Erdmann, Patricia Orloff (Indiana)

O'Connor, Anne M (Indiana)

Wielenberg, Margaret Dewey (Indiana)

Judge(s)

Barker, Sarah Evans (Indiana)

Shields, V. Sue (Indiana)

Attorneys(s) for Plaintiff

Boyd, Ralph F. Jr. (District of Columbia)

Fenton, William B. (District of Columbia)

Hanlon, James Patrick (Indiana)

Rao, Sonya A (District of Columbia)

Richards, Debra G (Indiana)

Attorneys(s) for Defendant

Erdmann, Patricia Orloff (Indiana)

O'Connor, Anne M (Indiana)

Wielenberg, Margaret Dewey (Indiana)

Expert/Monitor/Master

Acosta, R. Alexander (District of Columbia)

Brooks, Susan W. (Indiana)

Yang, Jenny R. (District of Columbia)

Documents in the Clearinghouse

Document

1:02-cv-01475

Docket (PACER)

United States v. Indiana Department of Transportation

Sept. 3, 2003

Sept. 3, 2003

Docket
1

1:02-cv-01475

Complaint

Sept. 25, 2002

Sept. 25, 2002

Complaint
28

1:02-cv-01475

Consent Decree

Sept. 3, 2003

Sept. 3, 2003

Settlement Agreement

Resources

Docket

Last updated Aug. 9, 2022, 3:18 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against INDIANA DEPARTMENT OF TRANSPORTATION with Jury Demand, filed by UNITED STATES OF AMERICA.(MAC, ) (Entered: 09/26/2002)

Sept. 25, 2002

Sept. 25, 2002

2

CIVIL COVER SHEET by UNITED STATES OF AMERICA. (MAC, ) (Entered: 09/26/2002)

Sept. 25, 2002

Sept. 25, 2002

3

MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction (MAC, ) (Entered: 09/26/2002)

Sept. 25, 2002

Sept. 25, 2002

4

MAGISTRATE JUDGE'S Summary of CMP Notice (MAC, ) (Entered: 09/26/2002)

Sept. 25, 2002

Sept. 25, 2002

5

Summons Issued as to INDIANA DEPARTMENT OF TRANSPORTATION. (MAC, ) (Entered: 09/26/2002)

Sept. 25, 2002

Sept. 25, 2002

6

RETURN of USM Service by UNITED STATES OF AMERICA. INDIANA DEPARTMENT OF TRANSPORTATION TO J. Bryan Nicol, Commissioner served on 9/26/2002. (MAC, ) (Entered: 10/01/2002)

Oct. 1, 2002

Oct. 1, 2002

7

RETURN of USM Service by UNITED STATES OF AMERICA. INDIANA DEPARTMENT OF TRANSPORTATION to Steve Carter, Indiana Attorney General served on 9/26/2002. (MAC, ) (Entered: 10/01/2002)

Oct. 1, 2002

Oct. 1, 2002

8

NOTICE of Appearance by Patrica O. Grow on behalf of INDIANA DEPARTMENT OF TRANSPORTATION c/s (MAC, ) (Entered: 10/09/2002)

Oct. 9, 2002

Oct. 9, 2002

9

NOTICE of Parties' First Extension of Time to Answer or otherwise Respond to the Complaint to 11/15/02 by INDIANA DEPARTMENT OF TRANSPORTATION c/s (MAC, ) (Entered: 10/09/2002)

Oct. 9, 2002

Oct. 9, 2002

10

ANSWER to Complaint and Affirmative Defenses by INDIANA DEPARTMENT OF TRANSPORTATION. c/s(MAC, ) (Entered: 11/18/2002)

Nov. 15, 2002

Nov. 15, 2002

11

SCHEDULING ORDER: Pretrial Conference set for 1/31/2003 08:30 AM in room #256 before Magistrate Judge V. Sue Shields (initial). CMP is due 12/24/02. Signed by Judge V. Sue Shields on 11/20/02. (SWM, ) (Entered: 11/20/2002)

Nov. 20, 2002

Nov. 20, 2002

12

CASE MANAGEMENT PLAN TENDERED by UNITED STATES OF AMERICA. (Richards, Debra) (Entered: 12/20/2002)

Dec. 20, 2002

Dec. 20, 2002

13

Joint MOTION For A Settlement Conference by UNITED STATES OF AMERICA. (Attachments: # 1 Text of Proposed Order Proposed Order)(Richards, Debra) (Entered: 12/20/2002)

Dec. 20, 2002

Dec. 20, 2002

14

ORDER granting parties' joint 13 Motion for a settlement conference cm. Signed by Judge V. Sue Shields on 1/6/03. (SWM, ) (Entered: 01/07/2003)

Jan. 6, 2003

Jan. 6, 2003

SCHEDULING ORDER: Settlement Conference set for 2/18/2003 09:30 AM in room #256 before Magistrate Judge V. Sue Shields. Confidential settlement statements due on or before 2/14/03. (Refer to document #14) . Signed by Judge V. Sue Shields on 1/6/03. (SWM, ) (Entered: 01/07/2003)

Jan. 6, 2003

Jan. 6, 2003

15

ORDER: CASE MANAGEMENT ORDER APPROVED as submitted cm. Signed by Judge V. Sue Shields on 1/6/03. (SWM, ) (Entered: 01/07/2003)

Jan. 6, 2003

Jan. 6, 2003

16

SCHEDULING ORDER: Final Pretrial Conference set for 3/11/2004 02:00 PM in room #210 before Judge Sarah Evans Barker. Jury Trial set for 3/22/2004 09:30 AM in room #216 before Judge Sarah Evans Barker. cm Signed by Judge Sarah Evans Barker on 1/13/03. (MAC, ) (Entered: 01/14/2003)

Jan. 13, 2003

Jan. 13, 2003

17

Minute Entry for proceedings held before Judge V. Sue Shields : Pretrial Conference held on 1/31/2003. Parties appeared by counsel. Conference held and concluded cm (SWM, ) (Entered: 02/04/2003)

Jan. 31, 2003

Jan. 31, 2003

18

SCHEDULING ORDER: Settlement Conference (TELEPHONIC) set for 3/5/2003 11:00 AM in room #256 before Magistrate Judge V. Sue Shields. Parties appeared on 2/18/03 for settlement conference. Conference held and continued c/m. Signed by Judge V. Sue Shields on 2/18/03. (SWM, ) (Entered: 02/20/2003)

Feb. 18, 2003

Feb. 18, 2003

19

Witness List by UNITED STATES OF AMERICA., Exhibit List by UNITED STATES OF AMERICA., (Richards, Debra) Modified on 2/26/2003 (MAC, ). (Entered: 02/25/2003)

Feb. 25, 2003

Feb. 25, 2003

20

SCHEDULING ORDER and ENTRY for 3/5/2003: Status Conference (TELEPHONIC) set for 3/20/2003 08:30 AM in room #256 before Magistrate Judge V. Sue Shields. Parties appeared by counsel telephonically for a status conference on 3/5/2003. Conference held and continued c/m. Signed by Judge V. Sue Shields on 3/5/03. (SWM, ) (Entered: 03/07/2003)

March 5, 2003

March 5, 2003

21

SCHEDULING ORDER and ORDER on 3/20/2003 telephonic status conference: Status Conference (TELEPHONIC) set for 4/7/2003 04:30 PM in room #256 before Magistrate Judge V. Sue Shields. Status conference held and continued cm. Signed by Judge V. Sue Shields on 3/20/03. (SWM, ) (Entered: 03/28/2003)

March 20, 2003

March 20, 2003

23

Minute Entry for proceedings held before Judge V. Sue Shields : Status Conference held on 4/28/2003 (telephonically). Parties appeared by counsel. Conference held and continued to 5/7/03, at which time the parties shall call the Mag Judge and report their respective positions on proposed resolution of this cause. (SWM, ) (Entered: 05/01/2003)

April 28, 2003

April 28, 2003

24

SCHEDULING ORDER: Status Conference set for 5/27/2003 01:00 PM (Telephonic) before Magistrate Judge V. Sue Shields. Signed by Judge V. Sue Shields on 5/13/03. (SWM, ) (Entered: 05/14/2003)

May 13, 2003

May 13, 2003

25

Minute Entry for proceedings held before Judge V. Sue Shields : Status Conference held (telephonically) on 5/27/2003. Parties appear by counsel. Conference held and continued. (SWM, ) (Entered: 05/29/2003)

May 27, 2003

May 27, 2003

26

NOTICE of Appearance by Margaret Dewey Wielenberg, D.A.G. on behalf of INDIANA DEPARTMENT OF TRANSPORTATION c/s (MAC, ) (Entered: 07/09/2003)

July 8, 2003

July 8, 2003

27

NOTICE of Appearance by Sonya A. Rao of the U.S. Department of Justice on behalf of UNITED STATES OF AMERICA (Substitution of Appearance for Jenny Yang) c/s (MAC, ) (Entered: 07/17/2003)

July 17, 2003

July 17, 2003

28

CONSENT DECREE by INDIANA DEPARTMENT OF TRANSPORTATION, UNITED STATES OF AMERICA. (MAC, ) (Entered: 09/03/2003)

Sept. 3, 2003

Sept. 3, 2003

29

CLOSED JUDGMENT - APPROVES Parties Consent Decree. (S.O.) cm Signed by Judge Sarah Evans Barker on 9/3/03. (MAC, ) (Entered: 09/04/2003)

Sept. 3, 2003

Sept. 3, 2003

Case Details

State / Territory: Indiana

Case Type(s):

Equal Employment

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Sept. 25, 2002

Case Ongoing: No

Plaintiffs

Plaintiff Description:

U.S. Department of Justice on behalf of Indian-American employees

Plaintiff Type(s):

U.S. Dept of Justice plaintiff

Attorney Organizations:

U.S. Dept. of Justice Civil Rights Division

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

State of Indiana, State

Defendant Type(s):

Transportation

Case Details

Causes of Action:

Title VII (including PDA), 42 U.S.C. § 2000e

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Mixed

Nature of Relief:

Injunction / Injunctive-like Settlement

Damages

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Issues

General:

Disparate Treatment

Discrimination-area:

Promotion

Discrimination-basis:

National origin discrimination

Affected Gender:

Male

National Origin/Ethnicity:

Indian