Case: United States v. State of Wisconsin, Department of Military Affairs

3:23-cv-00060 | U.S. District Court for the Western District of Wisconsin

Filed Date: Jan. 26, 2023

Case Ongoing

Clearinghouse coding complete

Case Summary

This is a case regarding equal employment and gender discrimination. On January 26th, 2023, the Civil Rights Division of the U.S. Department of Justice (“DOJ”) sued the State of Wisconsin on behalf of a former employee  of the Wisconsin Department of Military Affairs (“WDMA”) in the U.S. District Court for Western District of Wisconsin. Represented by the DOJ, the plaintiff alleged discrimination on the basis of sex in violation of Title VII of the Civil Rights Act. She claimed that the WDMA hi…

This is a case regarding equal employment and gender discrimination. On January 26th, 2023, the Civil Rights Division of the U.S. Department of Justice (“DOJ”) sued the State of Wisconsin on behalf of a former employee  of the Wisconsin Department of Military Affairs (“WDMA”) in the U.S. District Court for Western District of Wisconsin. Represented by the DOJ, the plaintiff alleged discrimination on the basis of sex in violation of Title VII of the Civil Rights Act. She claimed that the WDMA hired a less qualified male applicant for a position at a higher salary than was offered to the plaintiff for the same position.  Prior to the lawsuit, the plaintiff filed a charge with the EEOC (“Equal Employment Opportunity Commission”), the details of which are unknown to the Clearinghouse. When a voluntary attempt at conciliation was unsuccessful the EEOC referred the case to the DOJ. Plaintiff sought injunctive relief, including requiring Wisconsin to institute non-discrimination policies, practices, and programs at the WDMA, lost employment wages and benefits including prejudgement interest, compensatory damages, attorneys' fees, and any other relief seen fit by the court to grant. 

Plaintiff began working at WDMA in 2012 where she received exemplary feedback during her tenure, and was promoted from Northeast Region Director to Response Section Supervisor at the Wisconsin Division of Emergency Management (“WEM”). In late 2016, she applied for what would have been a one step promotion to Director, the selection panel recommended her to the hiring official, and the official agreed to hire her.  The Hiring Supervisor recommended a salary on par with a parallel Director position at the WDMA, as had been the practice in years past, both at initial hiring and over time.  

The hiring official authorized a salary 11% less than that of the parallel Director position, and lower than the lowest end of the job listing range.  After some negotiation the hiring official’s final offer was on the low end of the salary range–10% less than the male Director in the parallel position was paid, and plaintiff refused the offer.  

A second round of hiring was announced with an expanded salary range, and former applicants were told they would be reconsidered for the position.  The hiring official refused to consider the Plaintiff for the position, however, and three male candidates were chosen as top candidates, including a candidate who had been lower ranked in the first hiring round.  Both he and another male candidate were offered the position at a salary on par with the parallel male Director’s salary, and both refused.  The third candidate was offered a fractionally lower salary–~8% higher than the salary offered to H, and he accepted.  This candidate held a lower ranked position, a lower prior salary, and less relevant experience.  The plaintiff had extensive experience in the area, and was the supervisors preferred candidate. 

The plaintiff resigned her employment in September, 2017.

On March 16, 2023, the individual plaintiff filed as intervenor, as authorized under Title VII of the Civil Rights Act of 1964. She joined the United States in their case on her behalf citing the same allegations and the same prayer for relief. 

As of April, 2023, the case is ongoing. 

 

 

 

Summary Authors

Nina Charap (2/19/2023)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/66761509/parties/united-states-v-state-of-wisconsin-department-of-military-affairs/


Judge(s)

Conley, William Martin (Wisconsin)

Attorney for Plaintiff

Ruiz, Hector Federico (Wisconsin)

Stasco, Patricia (Wisconsin)

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Documents in the Clearinghouse

Document
1

3:23-cv-00060

Complaint

Jan. 26, 2023

Jan. 26, 2023

Complaint
15

3:23-cv-00060

Complaint in Intervention

March 16, 2023

March 16, 2023

Complaint

Docket

See docket on RECAP: https://www.courtlistener.com/docket/66761509/united-states-v-state-of-wisconsin-department-of-military-affairs/

Last updated March 10, 2024, 4:02 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against State of Wisconsin, Department of Military Affairs., filed by United States of America. (Attachments: # 1 JS-44 Civil Cover Sheet, # 2 Summons) (Stasco, Patricia) (Entered: 01/26/2023)

Jan. 26, 2023

Jan. 26, 2023

PACER

Case randomly assigned to District Judge William M. Conley and Magistrate Judge Stephen L. Crocker. (lak)

Jan. 26, 2023

Jan. 26, 2023

PACER

Standard attachments for Judge William M. Conley required to be served on all parties with summons or waiver of service: NORTC, Corporate Disclosure Statement. (lak)

Jan. 26, 2023

Jan. 26, 2023

PACER
2

Summons Issued as to State of Wisconsin, Department of Military Affairs. (lak) (Entered: 01/26/2023)

Jan. 26, 2023

Jan. 26, 2023

PACER

Add Judge for Shell Case Opening

Jan. 26, 2023

Jan. 26, 2023

PACER

Standard Attachments Sent

Jan. 26, 2023

Jan. 26, 2023

PACER
3

Notice of Appearance

Jan. 30, 2023

Jan. 30, 2023

PACER
4

Notice of Appearance

Jan. 30, 2023

Jan. 30, 2023

PACER
5

Summons Returned Executed

Jan. 30, 2023

Jan. 30, 2023

PACER
6

Notice of Appearance

Feb. 7, 2023

Feb. 7, 2023

PACER
7

Notice of Appearance

Feb. 10, 2023

Feb. 10, 2023

PACER
8

Notice of Appearance

Feb. 10, 2023

Feb. 10, 2023

PACER
9

Answer to Complaint

Feb. 20, 2023

Feb. 20, 2023

PACER

Set Pretrial or Status Conference

Feb. 24, 2023

Feb. 24, 2023

PACER
10

Intervene

Feb. 28, 2023

Feb. 28, 2023

PACER
11

Brief in Support

Feb. 28, 2023

Feb. 28, 2023

PACER
12

Response Stating No Opposition

March 7, 2023

March 7, 2023

PACER
13

Response Stating No Opposition

March 14, 2023

March 14, 2023

PACER

Order on Motion to Intervene

March 15, 2023

March 15, 2023

PACER
15

Complaint

March 16, 2023

March 16, 2023

RECAP
16

Notice of Appearance

March 16, 2023

March 16, 2023

PACER
17

Notice of Appearance

March 16, 2023

March 16, 2023

PACER
18

Notice of Appearance

March 16, 2023

March 16, 2023

PACER

Set Pretrial or Status Conference

March 17, 2023

March 17, 2023

PACER
19

Answer to Complaint

March 24, 2023

March 24, 2023

PACER
20

Joint Preliminary Pretrial Conference Report

March 24, 2023

March 24, 2023

PACER

Telephone Preliminary Pretrial Conference

March 29, 2023

March 29, 2023

PACER
21

Pretrial Conference Order

March 30, 2023

March 30, 2023

PACER
22

Protective Order

May 5, 2023

May 5, 2023

PACER

Order on Motion for Protective Order

May 8, 2023

May 8, 2023

PACER
24

Notice of Appearance

Aug. 4, 2023

Aug. 4, 2023

PACER
25

Notice of Appearance

Nov. 8, 2023

Nov. 8, 2023

PACER
26

Notice of DOJ Attorney Substitution

Nov. 9, 2023

Nov. 9, 2023

PACER
27

Extension of Time

Jan. 5, 2024

Jan. 5, 2024

PACER

Order on Motion for Extension of Time

Jan. 5, 2024

Jan. 5, 2024

PACER
29

Deposition

Jan. 12, 2024

Jan. 12, 2024

PACER
30

Deposition

Jan. 12, 2024

Jan. 12, 2024

PACER
31

Deposition

Jan. 12, 2024

Jan. 12, 2024

PACER
32

Deposition

Jan. 12, 2024

Jan. 12, 2024

PACER
33

Deposition

Jan. 12, 2024

Jan. 12, 2024

PACER
34

Deposition

Jan. 12, 2024

Jan. 12, 2024

PACER
35

Deposition

Jan. 12, 2024

Jan. 12, 2024

PACER
36

Deposition

Jan. 12, 2024

Jan. 12, 2024

PACER
37

Deposition

Jan. 12, 2024

Jan. 12, 2024

PACER
38

Deposition

Jan. 12, 2024

Jan. 12, 2024

PACER
39

Deposition

Jan. 12, 2024

Jan. 12, 2024

PACER
40

Summary Judgment

Jan. 12, 2024

Jan. 12, 2024

PACER
41

Exhibit List

Jan. 12, 2024

Jan. 12, 2024

PACER
42

Declaration

Jan. 12, 2024

Jan. 12, 2024

PACER
43

Declaration

Jan. 12, 2024

Jan. 12, 2024

PACER
44

Declaration

Jan. 12, 2024

Jan. 12, 2024

PACER
45

Proposed Findings of Fact

Jan. 12, 2024

Jan. 12, 2024

PACER
46

Brief in Support

Jan. 12, 2024

Jan. 12, 2024

PACER
47

Extension of Time

Jan. 31, 2024

Jan. 31, 2024

PACER

Order on Motion for Extension of Time

Feb. 1, 2024

Feb. 1, 2024

PACER
49

Deposition

Feb. 5, 2024

Feb. 5, 2024

PACER
50

Deposition

Feb. 5, 2024

Feb. 5, 2024

PACER
51

Declaration

Feb. 5, 2024

Feb. 5, 2024

PACER
52

Declaration

Feb. 5, 2024

Feb. 5, 2024

PACER
53

Brief in Opposition

Feb. 5, 2024

Feb. 5, 2024

PACER
54

Proposed Findings of Fact

Feb. 5, 2024

Feb. 5, 2024

PACER
55

Response to Proposed Findings of Fact

Feb. 5, 2024

Feb. 5, 2024

PACER
56

Brief in Opposition

Feb. 5, 2024

Feb. 5, 2024

PACER
57

Redacted Document

Feb. 6, 2024

Feb. 6, 2024

PACER
58

Extension of Time

Feb. 13, 2024

Feb. 13, 2024

PACER

Order on Motion for Extension of Time

Feb. 13, 2024

Feb. 13, 2024

PACER
60

Response to Proposed Findings of Fact

Feb. 20, 2024

Feb. 20, 2024

PACER
61

Reply in Support of Proposed Findings of Fact

Feb. 20, 2024

Feb. 20, 2024

PACER
62

Declaration

Feb. 20, 2024

Feb. 20, 2024

PACER
63

Declaration

Feb. 20, 2024

Feb. 20, 2024

PACER
64

Brief in Reply

Feb. 20, 2024

Feb. 20, 2024

PACER
65

Leave to File Document

Feb. 28, 2024

Feb. 28, 2024

PACER
66

Declaration

Feb. 28, 2024

Feb. 28, 2024

PACER

Case Details

State / Territory: Wisconsin

Case Type(s):

Equal Employment

Key Dates

Filing Date: Jan. 26, 2023

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

A former employee of the Wisconsin Department of Military Affairs who was offered less a lower salary for a promotion than similarly qualified and less qualified male candidates.

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 Wisconsin, State

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

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

Available Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None yet

Source of Relief:

None yet

Issues

General:

Pattern or Practice

Discrimination-area:

Disparate Treatment

Hiring

Pay / Benefits

Promotion

Discrimination-basis:

Sex discrimination

Affected Sex or Gender:

Female