Case 1:07-cv-00026-FRB Document 1-1 Filed 02/16/2007 Page 1 of 4

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF MISSOURI SOUTHEASTERN DIVISION

FreED

UNITED STATES OF AMERICA.

)

:1. :). DISTRICT couln
EASTERN DISTRICT OF MO CAPE GIRARDEAU·

)

Plaintiff.

)

)

v.

)

)

Case No. JURy TRIAL DEMANDED

l. : 07CV00026FRB CITY OF HAYTI HEIGHTS. MISSOURI.

Defendant.

)

)

COMPLAINT

Plaintiff. United States of America. alleges:

1. This action is brought on behalf ofthe United States to enforce the provisions of

Title VII of the Civil Rights Act of 1964. as amended. 42 U.S.C. § 2000e.~.

2. This Court has jurisdiction ofthe action under 42 U.S.C. § 2000e-5(f) and

28 U.S.C. § 1345.

3. The Defendant. City of Hayti Heights. Missouri (the "City"). is a governmental

body created pursuant to the laws of the State of Missouri.

4. The City is a person within the meaning of 42 U.S.C. § 2000e(a) and an employer

or agent ofan employer within the meaning of 42 U.S.C. § 2000e(b).

5. Johnnie Small ("Small") was employed by the Defendant as a "Patrolman" from

July 9.2004 until the City discharged her on August 24. 2004.

6. The Defendant discriminated against Small on the basis of her sex. female. in

violation of § 703(a) of Title VII of the Civil Rights Act of 1964. as amended. 42 U.S.C. §

2000e-2(a). among other ways. by:

Case 1:07-cv-00026-FRB- Document 1-1 Filed 02/16/2007 Page 2 of 4
(a) Tenninating Small's employment with the City on the basis of her sex; and
(b) Failing or refusing to take appropriate action to remedy the effects of the discriminatory treatment of Small.
7. The Equal Employment Opportunity Commission ("EEOC") received a timely charge of discrimination filed by Small (Charge No. 280-2004-06869) on December 8, 20Q4, in which Small alleged that the City had discriminated against her in employment on the basis of her sex.
8. In accordance with § 706 of Title VII, 42 U.S.C. § 2000e-5, the EEOC investigated the charge of sex discrimination filed by Small and found reasonable cause to believe that violations of Title VII had occurred. The EEOC attempted unsucqessfully to achieve
avoluntary resolution of the charges through conciliation, and subsequently referred the charges
to the United States Department of Justice. 9. All conditions precedent of this suit have been perfonned or have occurred.
WHEREFORE, the Plaintiff prays that the Court grant the following relief: (a) Enjoin the City of Hayti Heights, Missouri, from failing or refusing to:
(i) Provide sufficient remedial relief to Small to make her whole for the loss she has suffered as a result of the discrimination against her as alleged in this Complaint; and
(ii) Take appropriate nondiscriminatory measures to overcome the effects of this discrimination;
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Case 1:07-cv-00026-FRB . Document 1-1 Filed 02/16/2007 Page 3 of 4
(b) Award compensatory damages to Small as would fully compensate her for pain and suffering caused by the defendant City's discriminatory conduct, pursuant to and within the statutory limitations of § 102 of the Civil Rights Act of 1991, 42 U.S.C. § 1981a; and
(c) Award such additional relief as justice may require, together with Plaintiffs costs and disbursements in this action. JURy DEMAND
The United States hereby demands a trial by jury of all issues so triable pursuant to Rule
38 of the Federal Rules ofCiviI Procedure and § 102 of the Civil Rights Act of 1991,42
U.S.C. § 1981a.
WAN J.KIM Assistant Attorney General Civil Rights Division
By: ~M:r A.~x~~iWz,~ DAVID J. PALMER (VA 27802) Chief ONDRAY T. HARRIS (VA 42840) Deputy Chief MICHAEL J. ALEXIS (VA 43796) Attorney U.S. Department ofJustice Civil Rights Division Employment Litigation Section 950 Pennsylvania Avenue, NW - PHB Washington, D.C. -20530 (202) 305-3056 - phone (202) 514-1005 - facsimile
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...

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Case 1:07-cv-00026-FRB Document 1-1 Filed 02/16/2007 Page 4 of 4
CATHERINE L. HANAWAY United States Attorney for the Eastern D' .ct of Missouri B. MICHAEL PRICE, Assistant United States Attorney Capitol Bank Building 325 Broadway, 2nd Floor Cape Girardeau, MO 63701 Telephone: (573) 334-3736 Facsimile: (573) 335-2393 E-mail: michael.price@usdoj.gov
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 </s> Case: 1:07-cv-00026-RWS Doc. #: 27 Filed: 10/30/07 Page: 1 of 10 PageID #: 93

UNITED STATES DIS1RICT COURT EASTERN DISTRICT OF ~SSOURI
SOUTHEAS1ERN DMSION

UNITED STATES OF AlY.IERICA,

)

)

. Plaintiff,

)

)

vs.

)

.)

CTIY OF HAYTI HEIGHTS, MISSOURI, )

)

Defendant.

)

Case No. 1:07CV00026RWS

CONSENT DECREE

This action was brought by the United States against the City ofHa~ Heights, Missouri

.

.

("City"), to e¢'orce the provisions ofTitle Vll ofthe Civil Rights Act of 1964, 42 U.S.C.

§ 2000e, et ~ as amended {"Title Vll"), following !1'Ceipt by the United States from the Equal

Employment Opportunity Commission ("EEOC") of a charge of discPm.ination filed by Johnnie Small (Charge Number 280-20~4-06869) agajnstthe.City's Police.Department. This Court has

jurisdiction ofthe action under 42 U.S.C. § 2000e-5(f) and 28 U.S.C. § 1345.

In its Complaint, the United States alleges that the City discriminated against Johnnie

Small on the basis of her sex, female, in violation of Section 703(a) of Title Vll, among other

ways, by:

(a) Terminating Ms. Small's employment with the City on the basis of her sex; and

(b) Failing or refusing to take appropriate acti~n to remedy the effects ofthe

discriminatory treatment of Ms. Small.
The City denies that it has· discriminated against Ms. Small in violation ofTitle VII.

Nevertheless, the United States and the City, desirfug that this action be settled by an appropriate

Case: 1:07-cv-00026-RWS Doc. #: 27 Filed: 10/30/07 Page: 2 of 10 PageID #: 94
Consent Decree ("Decree"), and without the burden and risks ofprotracted litigation, agree to the jurisdiction of this Court over the parties and the subject matter ofthis action. The United States and the City also hereby waive, for purposes ofthis Decree only, hearings and fmdings of fact and conclusions of law on all issues, and further agree to the entry ofthis Decree as final and binding betWeen them with regard to the issues raised in the Complaint filed by the United States in this case.
This Decree, being entered into with the consent ofthe United States an,d the City, shall in no way constitute an adjudication or finding on the merits ofthe case, nor be construed as an admission by the City or a fmding of wrongdoing or violation of any applicable federal law or regulation.
In resolution ofthis action, the parties hereby AGREE to, and the Court expressly ·APPROVES, ENTERS, and ORDERS, th~ following:
PA&TIESANQDEFUQTTIQNS
1. The parties to this Decree are the United States and the City. 2. As used herein, "City'' shall include not only the City of Hayti Heights, Missouri, but also its ~urrent, formef, and future agents, employees, officials, designees, and successors in interest. 3. Johnnie Small is referred to hereinafter as "Ms. Small."
GENERAL RELIEF 4. .The City, by and through its officials, agents, employees, and all persons in active
or concert participation with the City in the performance of employment or personnel functions,
shall not engage in any act or practice that discrim~tes against·any employee or applicant on the ·
.2

Case: 1:07-cv-00026-RWS Doc. #: 27 Filed: 10/30/07 Page: 3 of 10 PageID #: 95
basis of sex in violation of Title vn.
5. The City shall not retaliate against or in any way adversely affect the terms and conditions of employment of any person because that person has opposed any practice made unlawful by Title VTI, filed a charge wi~ the EEOC, or testified, assisted, or participated in any manner in an investigation, proceeding, or hearing under Title VII, including this case or this Decree.
6.· Within forty-five (45) days after the date ofentry ofthis Decree, the City shall
modify its anti-discrimination policies and procedures to prohibit sex discrimination under Title vn. These modifications 'shall.include:
(a) Prohioitien of discrimination against employees.or applicants for employment in the City's Police Department in any terms or conditions of C?mployment) including h:iring and termination, based on sex;
(b) A provision providing that discrimination based on sex against an employee or applicant for employment in the City's Police Department constitutes an offense subject to discipline and/or termination;
(c) A complaint process by which an employee .or applicant may report ari alleged violation of the policy or other allegation ofdiscrimination based on sex or retaliation for making such. allegation;
(d) A procedure by which an employee in the City's Police.Department alleging discrimination on the basis of sex or retaliation may bypass his or her supervisor to make a complaint; and
(e) Policies and procedures detailing the City's required response to a complaint or
3

Case: 1:07-cv-00026-RWS Doc. #: 27 Filed: 10/30/07 Page: 4 of 10 PageID #: 96
other notice· of allegation of discrimination in employment in the City's Pplice Department, including commitment to conducti~g an internal investigation and to taking adequate steps to remedy any discrimination found to have occurred. 7. Within fifty (50) day~ after the date of entry ofthis Decree, the City shall submit the modified policies and procedures, described in Paragraph 6, above, to the United States for review, comment, and approval. 8. Within ten (10) d~ys after the date on which the City implements the modified policies and procedures set forth in Paragraph 6, above, after receiving approval from the United States pursuant to Paragraph 7, above, the· City shall distribute c~pies of such modified policies
and procedures to all employees in the City's Police Department and to all officials and
employees. who participate in granting and/or approying the employment status ofprospective and current employees in the City's Police Departnient Within this time period, the City also shall post such modified policies and procedures in all places used for posting general information to employees in the CitY's Police Department, including any internet or intranet cites used for that purpose.
9. The City shall eilsure that each applicant and new employee in the City's Police Department receives a copy ofthe mo~ed policies and pr~cedures set forth in Paragraph 6, above, at the time ofthe new employee's application and/or hire.
10. No later than ninety (90) days after. the date of entry of this Decree, the City shall . provide, at its own cost, mandatory training on the law of equal employment opportunity and prohibited discrimination based on sex to: (a) all employees in the City's Police Department, including the Chief and all officers; and (b) all officials and employees who participate in
4

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granting and/or approving the employment status ofprospective and current employees in the

City's Police Department, including the Mayor. The training shall, at a minimum, include an

explanation ofthe City's policies and procedures, modified as set forth in Paragraph 6, above.

.The City will select, with· the concurrence ofthe United States, a. qualified individual or group of

individuals, which may include employees ofthe EEOC; to conduct the training outlined in this

paragraph.· The United States will review and approve any proposed training program prior to its

administration.

11. . All persons who 11ndergo the training described in Paragraph 10, above, shall sign

an acknowledgment of attendance at the traming. Within thirty (30) days of such training, the

City shall provide the United States with copies ofall.training materials used and written

confirmation that all persons covered by ~aragraph 10, above, attended the training. The City

will keep on file all signed acknowledgments for the duration ofthe Decree, but in no event shall

such acknowledgments be retained for a period ofiess than two (2) years.

12. Within forty-five (45) days after the date of entry ofthis Decree, the City shall

designate a person who shall have responsibility for ensuring that the policies and procedure~

.

'

provided for in Paragraph 6, above, are fully implemented and that the City is fully in compliance

with their terms.

13. The City shall retain during the term ofthis Decree all documents, in paper or

electronic form (mcluding electronic mail), that come into its possession that are: (a) related to..

complaints of sex discrimination (fonnal or informal, verbal or written) made by applicants or

. employees in the City's Police Department; and (b) related: to the trairiing provided for under this '
Decree, but in no event shall such documents be retained for a period of less than two (2) years.

5

Case: 1:07-cv-00026-RWS Doc. #: 27 Filed: 10/30/07 Page: 6 of 10 PageID #: 98
14. The United States may review compliance with this Decree at any time. As part ofthat review, the City shall provide copies ofany documents relating to the City's compliance with this Decree upon the request ofthe United States, including but not limited to the documents described in Paragraphs 11 and 13, above.
SPECIFIC RELIEF 15. Without admitting the allegations ofthe United States as set forth in its Complaint, and in settlement of the claims ofthe United States for relief on behalf of Ms. Small,· as well as the claims of Ms. Small if she accepts the relief to be offered her pursuant to this Decree, the City shall offer Ms. Small· the following: (a) The City shall offer Ms. Small reinstatementin the position of fun-time police
officer in.the City's Police Department, with minimum working hours offorty (40) hours per week, at a pay rate of$9 per·hour, and with a remedial seniority
date of july 9, 2004 .(the date she was first hired ~y the City) for all purposes.
Should Ms. Small accept the City's offer ofre-employment, the City may subsequently assign Ms. Small to work fewer than forty (40) hours per week if required by the City's financial circumstances; provided, however, that Ms. Small may not be assigned fewer than thirty-two (32) hours per week for the duration of this Decree and, further provided,'ihat any such reduction (1) shall be permitted only to the extent that it complies with applicable, lawful policies and procedures and (2) shall be subject to Ms. Small's seniority, referenced above. Notwithstanding the foregoing, the City may reduce Ms. Small's hours at her request or in accordance with the City's lawful disciplinary policies and
6

Case: 1:07-cv-00026-RWS Doc. #: 27 Filed: 10/30/07 Page: 7 of 10 PageID #: 99 ' .
procedures. Ms. Small is not currently releasing any rights to institute any legal or administrative claims on such discipline or discharge, should she believe the same was unlawful. Nothing herein shall be construed as a guarantee ofpermanent employment for Ms. Small. IfMs. Small eiects to accept the City's offer of employment, she shall be allowed to begin work for ~e City as a full-time police ·officer in the City's Police Department no iater than sixty (60) days after the Ci~y's receipt ofthe fully executed Individual Relief an~ Release C?f Claims fo~, as set forth in Appendix B. The City's Mayor, Lawrence Newman, shall have no input or decision-making authority over personnel decisions involving Ms. Small. The City shall also waive any probationary period that would otherwise be
Ms: applicable to Small.
(b) The City shall offer to pay Ms. Small a total monetazy award of $1,000 in backpay, payable in one lump-sum payment within fifteen (15) days from the City's receipt of an executed Individual Relief and Release of Claims from Ms. Small.
16. Within fifteen (15) days after the date of entry ofthis Decree, the City shall notify Ms. Small ofits·terms by mailing to her, via certified mail, return receipt requested, copies ofthe letter as set forth in the attached Appendix A ("Appendix A letter''). The Appendix A letter shall · inform Ms. Small that in order to accept the relief offered to her, she must return the executed Individual Relief and Release of Claims e'Individual Relief and Release,,) form, a copy of which is set forth in Appendix B, to the City within thirty (30) days ofher receipt of the Appendix A letter, unless good cause, as determined exclusively by the United States, exists for her failure to
7

Case: 1:07-cv-00026-RWS Doc. #: 27 Filed: 10/30/07 Page: 8 of 10 PageID #: 100

do so. Acopy ofthe Individual Relief and Release form and ofthis Decree shall be enclosed

with the Appendix A letter. The City shall provide Ms. Small with all ta:x forms required by law.
I
The City shall not deduct its share of Social Security.taxes, ifany, from the monetary award.

· 17. Ms. Small need not accept the job opportunity relief in Paragraph 1S(a), above, in

order to obtain the monetary award defined in Paragraph 15(b), above.

18: The City shall provide the United States with a copy ofMs. Small's executed

Individual Relief and Release within ten (10) days after its receipt thereof. Within fifteen (lS)

days from the date of its receipt ofMs~ Small's Individua~ Relie~ and Release, the City shall mail

her a certified or bank check made payable to Johnnie Small in the amount of $1,000.

DISPUTE RESOLUTION

19. The parties to this Decree shall attempt to resolve informally any disputes that

may occur under this Decree. Ifthe United States.and the City ~e ~ble to reach agreement

after informally seeking to resolve a dispute, the issue may be submitted by either party to the ,

Court

for

resolution .

upon

at

least

thirty

(30)

days

'written

notice

to

th~

other

party.

20. All documents required to be delivered under this Decree to the United States

shall be sent to the following address ifsent by U.S. mail:

C~ef, Employment Litigation Section .Civil Rights Division U.S. Department of Justice PHB, Fourth Floor 950 Pennsylvania Avenue, N.W: Washington, D.C. 20530

Documents sent by-overnight delivery service shall be sent to.the following address:

Chief, Employment Litigation·section Civil Rights Division

8

Case: 1:07-cv-00026-RWS Doc. #: 27 Filed: 10/30/07 Page: 9 of 10 PageID #: 101

U.S. Department of Justice 601 D Street, N.W., Room 4912 Washington, D.C. 20004

21. All documents required to be delivered under this Decree to the City shall be sent

to the following address:

City ofHayti Heights, Missouri Attention: Mayor and Chief ofPolic.e P.O.Box426 Hayti, MO 63851

JURISDICfiON OF THE COURT

22. The Court shall retain jurisdiction over this Decree and this cause of action for the

purposes of implementing the reliefprovided herein, and resolving any disputes or entering any

orders that may be necessary to implement the reliefprovided herein.

.

\

23. 1bis Decree shall dissolv:e and this cause of action shall be dismissed, without any

further order ofthis Court, at the end oftwo (2) years from the date ofits approval and entty by

this Court.

24. The United States and the City shall bear their own costs in this action, including

attorney's fees, except that the parties shall retain the right to· seek costs for any matter which, in

the future, may arise from this Decree and require resolution by the Court.

'31;)~ o~b.-k, It is so ORDERED, this

day

, 2007.

9

Case: 1:07-cv-00026-RWS Doc. #: 27 Filed: 10/30/07 Page: 10 of 10 PageID #: 102
I
~I

AGREED AND CONSENTED TO:

Fot plaintlffUnited Srates ofAmerica:

RBNAJ. COMISAC Aciina Assistant At:tamey General Ci11U Rlshts Division

By:

. DA'1/if.lr:!il.ttA271102)

aucr

\VliJ.,lAMB. P,SNTON ·(DC 4J49PO)

Deputy Chief'

MICHABL 'J. ALEXIS (VA 43796)

SARAH CANZONlERO BLUTT.BR.(l)C 41'1723)

• .

AUol1leys

U.S. DepiDttllellt of'J'ustice

Civil .Rlptsl>iv.ision

~JoymentLidgadDJl Sccdoa

930 l'ewu,ylvama.Avcu~ N.W.
PHD. Pounb.Proor

WasbiagtoD. D.C. 20530

Teleplaonc: (202) 305-9056

(202) 305-3513

P'ordefeadantat;y ofHqtt Halahrs, Missouri:

B:Y:

\ .

~ t..ra' ,:;r... ~, r:>- =

LAWJ.UiNCB. NEWMAN

Mayor ofBs;yd HCJghts.l\IHssourl

P.O.Bmc426

Hayti, MO 63151

Telephone: (573) 3S9-2680

10

 </s> Case: 1:07-cv-26 As of: 07/18/2014 08:17 AM CDT 1 of 4
CLOSED,ADR,PROTO,TRCK2
U.S. District Court Eastern District of Missouri (Cape Girardeau) CIVIL DOCKET FOR CASE #: 1:07−cv−00026−RWS

United States of America v. Hayti Heights, City of Assigned to: Honorable Rodney W. Sippel Cause: 42:2000e Job Discrimination (Employment)
Plaintiff

Date Filed: 02/16/2007 Date Terminated: 10/30/2007 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

United States of America

represented by Michael J. Alexis U.S. DEPARTMENT OF JUSTICE − DC Civil Division Tenth &Pennsylvania Avenue, N.W. Room 3714 Washington, DC 20530 202−305−3056 Fax: 202−514−1005 Email: michael.alexis@usdoj.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Michael A. Price OFFICE OF U.S. ATTORNEY 555 Independence Room 3000 Cape Girardeau, MO 63703 573−334−3736 Fax: 573−335−2393 ATTORNEY TO BE NOTICED

Sarah C. Blutter U.S. DEPARTMENT OF JUSTICE 950 Pennsylvania Avenue, N.W. Patrick Henry Building Washington, DC 20530 202−305−3613 Email: sarah.blutter@usdoj.gov ATTORNEY TO BE NOTICED

V. Defendant Hayti Heights, City of

represented by Josef S. Glynias HUSCH BLACKWELL, LLP 190 Carondelet Plaza Suite 600 St. Louis, MO 63105 314−345−6208 Fax: 314−345−6060 Email: joe.glynias@huschblackwell.com TERMINATED: 12/27/2007 ATTORNEY TO BE NOTICED
Kimberley Joy Smith Mathis HUSCH BLACKWELL, LLP 190 Carondelet Plaza Suite 600 St. Louis, MO 63105 314−345−6000

Case: 1:07-cv-26 As of: 07/18/2014 08:17 AM CDT 2 of 4
Fax: 314−345−6060 Email: kim.mathis@huschblackwell.com TERMINATED: 12/27/2007 ATTORNEY TO BE NOTICED
Sarah C. Blutter (See above for address) ATTORNEY TO BE NOTICED

Date Filed 02/16/2007
03/06/2007
03/27/2007 03/28/2007 03/29/2007
03/29/2007 04/12/2007 04/12/2007 04/12/2007 04/13/2007 04/13/2007
04/16/2007
05/14/2007 05/15/2007
06/07/2007 06/18/2007

# Docket Text
1 COMPLAINT against defendant Hayti Heights, City of 1 Summons(es) issued, Consents issued 2, Jury Demand, filed by United States of America. (Attachments: # 1 Civil Cover Sheet # 2)(MRS, ) (Entered: 02/20/2007)
2 CJRA ORDER (jgw) pursuant to District Judge Option filed. Judge Frederick R Buckles termed. Case reassigned to Judge Rodney W. Sippel for all further proceedings. (CSG, ) (Entered: 03/08/2007)
3 MOTION for Extension of Time to File Answer re 1 Complaint by Defendant Hayti Heights, City of. (CSG, ) (Entered: 03/27/2007)
5 SUMMONS Returned Executed filed by US Marshal. Hayti Heights, City of served on 3/7/2007, answer due 3/27/2007. (NCL) (Entered: 03/29/2007)
4 ORDER granting 3 Motion for Extension of Time to Answer; answer due by 4/13/2007. Signed by Judge Rodney W. Sippel on 3/29/2007. (NCL) (Entered: 03/29/2007)
ORDER RECEIPT: (see receipt) Thu Mar 29 16:17:49 CDT 2007 (NCL, ) (Entered: 03/29/2007)
6 ENTRY of Appearance by Kimberley Joy Smith Mathis for Defendant Hayti Heights, City of. (Mathis, Kimberley) (Entered: 04/12/2007)
7 MOTION for Extension of Time to File Answer re 1 Complaint by Defendant Hayti Heights, City of. (Mathis, Kimberley) (Entered: 04/12/2007)
8 ENTRY of Appearance by Josef S. Glynias for Defendant Hayti Heights, City of. (Glynias, Josef) (Entered: 04/12/2007)
9 ENTRY of Appearance by Sarah C. Blutter for Plaintiff United States of America. (Blutter, Sarah) (Entered: 04/13/2007)
10 STIPULATION re 7 MOTION for Extension of Time to File Answer re 1 Complaint by Defendant Hayti Heights, City of. (Glynias, Josef) (Entered: 04/13/2007)
Docket Text ORDER: Re: 7 MOTION for Extension of Time to File Answer re 1 Complaint by Defendant Hayti Heights, City of. (Mathis, Kimberley) filed by Hayti Heights, City of, ; ORDERED GRANTED. Signed by Judge Rodney W. Sippel on 4/16/07. (LGK, ) (Entered: 04/16/2007)
11 ANSWER to Complaint by Hayti Heights, City of.(Mathis, Kimberley) (Entered: 05/14/2007)
12 RULE 16 ORDER This case is assigned to Track: 2 (Standard) Joint Scheduling Plan due by 6/18/2007. Rule 16 Conference set for 6/25/2007 03:00 PM in Southeast Division − Cape Girardeau before Honorable Rodney W. Sippel.Signed by Judge Rodney W. Sippel on 5/15/07. (NCL) (Entered: 05/15/2007)
13 JOINT SCHEDULING PLAN by Plaintiff United States of America, Defendant Hayti Heights, City of.. (Blutter, Sarah) (Entered: 06/07/2007)
14 Joint MOTION for Hearing by Telephone by Defendant Hayti Heights, City of. (Glynias, Josef) (Entered: 06/18/2007)

Case: 1:07-cv-26 As of: 07/18/2014 08:17 AM CDT 3 of 4

06/19/2007 06/29/2007
08/01/2007
08/20/2007 08/21/2007
08/21/2007 08/21/2007 08/28/2007 09/10/2007 09/11/2007 10/23/2007
10/25/2007 10/30/2007
10/30/2007

15 SCHEDULING ORDER: 14 Joint MOTION for Hearing by Telephone filed by Hayti Heights, City of, DENIED as moot.. Rule 16 Conference reset for 6/27/2007 01:30 PM in In Chambers before Honorable Rodney W. Sippel in St. Louis. Signed by Judge Rodney W. Sippel on 6/19/07. (MRS, ) (Entered: 06/19/2007)
16 CASE MANAGEMENT ORDER This case is assigned to Track: 2, Standard Motion to Join Parties due by 9/14/2007. Discovery Completion due by 1/15/2008. ADR Future Reference 8/1/2007. Dispositive Motions due by 2/15/2008. Jury Trial set for 6/23/2008 09:00 AM in Southeast Division − Cape Girardeau before Honorable Rodney W. Sippel. Pretrial Compliance due by 6/3/2008. Motion in Limine due by 6/13/2008.. Signed by Judge Rodney W. Sippel on 6/29/07. (MRS, ) (Entered: 06/29/2007)
17 ORDER REFERRING CASE to Alternative Dispute Resolution. This case is referred to: mediation. Designation of Lead Counsel: Michael A. Price. ADR Completion Deadline due by 10/1/2007. Designation of Neutral due by 8/21/2007. ADR Conference Schedule due by 8/21/2007. Signed by Judge Rodney W. Sippel on 8/1/07. (CSG, ) (Entered: 08/02/2007)
18 MOTION for Protective Order by Defendant Hayti Heights, City of. (Attachments: # 1 Stipulated Protective Order)(Glynias, Josef) (Entered: 08/20/2007)
19 Designation of Neutral by parties and ADR Conference Report by Plaintiff United States of America, Defendant Hayti Heights, City of Neutral: Stanley A. Grimm Date of Conference: September 24, 2007 time: 10:00 a.m. Location: U.S. Courthouse, 339 Broadway, 2nd Floor, Cape Girardeau, MO 63701(Price, Michael) (Entered: 08/21/2007)
20 NOTICE of Appointment of Neutral Neutral name: Stanley A. Grimm Neutral selected by parties.(CSG, ) (Entered: 08/21/2007)
21 STIPULATED PROTECTIVE ORDER re: 18 MOTION for Protective Order filed by Hayti Heights, City of, motion is GRANTED. Signed by Judge Rodney W. Sippel on 8/21/07. (CSG, ) Modified on 8/24/2007 (CSG, ). (Entered: 08/23/2007)
22 SUBPOENA Returned by U. S. Marshal, Executed as to Vernis Farmer on 8/16/07. (CSG, ) (Entered: 08/30/2007)
23 Joint MOTION for Extension of Time to Complete Mediation by Plaintiff United States of America. (Alexis, Michael) (Entered: 09/10/2007)
24 ORDER granting 23 Motion for Extension of Time to Complete Mediation. ADR Completion Deadline due by 10/31/2007. Signed by Judge Rodney W. Sippel on 9/11/07. (CSG, ) (Entered: 09/12/2007)
25 ORDER: The Court having been advised by counsel that this action has been settled, IT IS HEREBY ORDERED that the June 23, 2008 Jury Trial setting isvacated and all pending motions are denied without prejudice. IT IS FURTHER ORDERED that counsel shall file, within thirty (30) days of the date of this order, Dismissal Paper(s), due by 11/23/2007. Signed by Judge Rodney W. Sippel on 10/23/07. (CSG, ) (Entered: 10/23/2007)
26 Joint MOTION to Approve Consent Judgment by Plaintiff United States of America, Defendant Hayti Heights, City of. (Attachments: # 1 Consent Decree)(Blutter, Sarah) (Entered: 10/25/2007)
Docket Text ORDER: Re: 26 Joint MOTION to Approve Consent Judgment by Plaintiff United States of America, Defendant Hayti Heights, City of. (Attachments: # 1 Consent Decree)(Blutter, Sarah) filed by United States of America, Hayti Heights, City of; ORDERED GRANTED. Signed by Judge Rodney W. Sippel on 10/30/07. (CSG, ) (Entered: 10/31/2007)
27 CONSENT JUDGMENT: This Decree shall dissolve and this cause of action shall be dismissed, without any further order of this Court, at the end of two (2) years from the date of its approval and entry by this Court. (see Consent Decree for details) . Signed by Judge Rodney W. Sippel on 10/30/07. (CSG, ) (Entered: 10/31/2007)

Case: 1:07-cv-26 As of: 07/18/2014 08:17 AM CDT 4 of 4

12/26/2007 12/27/2007

28 MOTION to Withdraw by Defendant Hayti Heights, City of. (Glynias, Josef) (Entered: 12/26/2007)
Docket Text ORDER: Re: 28 MOTION to Withdraw by Defendant Hayti Heights, City of. (Glynias, Josef) filed by Hayti Heights, City of ; SO ORDERED. Signed by Honorable Rodney W. Sippel on 12/27/07. (MRS) (Entered: 12/28/2007)


[CONTENT] February 16, 2007 | the United States Department of Justice | Title VII | 42 | 2000e ||| the U.S. District Court | the Eastern District | Missouri | Hayti Heights | Missouri ||| DOJ | Title VII ||| 1 | 2 |||  ||| October 25, 2007 ||| Court | Rodney W. Sippel | October 30, 2007 |||  ||| 1 | 2 ||| the United States | 1 | 2 | 3 | 4 | 5 | 6 ||| July 9, 2004 | at least a | 32 hours ||| 1,000.00 ||| Court ||| two years ||| December 27, 2007 | Court [SUMMARY] On February 16, 2007, the United States Department of Justice (DOJ) filed a lawsuit under Title VII, 42 U.S.C. § 2000e, et seq. in the U.S. District Court for the Eastern District of Missouri against City of Hayti Heights, Missouri. The DOJ asked the court for injunctive and compensatory relief, alleging that the defendant  had violated Title VII by discriminating against a "patrolman" on the basis of sex.

The complaint alleges that the defendant discriminated on the basis of sex by: (1) terminating the plaintiff's employment with the City on the basis of her sex and (2) failing or refusing to take appropriate action to remedy the effects of the discriminatory treatment of the plaintiff.

Afterwards, the parties went into alternative dispute resolution processes. They reached a settlement, and filed a joint motion to approve consent judgment on October 25, 2007. The Court (Judge Rodney W. Sippel) issued a consent judgment on October 30, 2007. 

Under the consent decree, the parties were not making any admissions. The decree included following general injunctions: 1) prohibition against gender discrimination; 2) prohibition against retaliation or any acts adversely affecting the conditions of employment. Subject to the approval of the United States, the City agreed to modify its policies and procedures prohibiting gender discrimination in the following ways: 1) prohibition of discrimination in any conditions of employment, including hiring and termination; 2) implementing procedures for complaints and redress; 3) notice of new policies through posting in public places, including Internet; 4) providing antidiscrimination training; 5) designating a special person to monitor compliance with the decree; 6) retaining records pertinent to new policies. The individual and the City agreed to her reinstatement with the seniority date of July 9, 2004 and requirement of at least a 32 hours work week. The individual also receive $1,000.00 in backpay. The Court retained jurisdiction over the implementation of the decree. The decree was to dissolve within two years of its entry. 

On December 27, 2007, the Court granted the defendant's motion to withdraw.
