IN THE UNITED STATES DISTRICT COURT FOR THE
MIDDLE DISTRICT OF TENNESSEE
UNITED STATES OF AMERICA,
Plaintiff,
v. Civil Action No.
THE TENNESSEE DEPARTMENT OF
TRANSPORTATION,
Defendant.
COMPLAINT
Plaintiff, United States of America, alleges:
1. This action is brought on behalf of the United
States to enforce the provisions of Title VII of the Civil
Rights Act of 1964, as amended, 42 U.S.C. § 2000e, et< seq.
("Title VII).
2. This Court has jurisdiction of this action under 42
U.S.C. § 2000e-6, 28 U.S.C. § 1331, and 28 U.S.C. § 1345.
3. Defendant Tennessee Department of Transportation
(TDOT) is a body corporate created under the laws of the State
of Tennessee.
4. TDOT is a person within the meaning of 42 U.S.C. §
2000e(a) and an employer or an agent of an employer within the
meaning of 42 U.S.C. § 2000e(b).
5. TDOT is responsible for the recruitment and hiring
of individuals into the entry-level positions of Highway
Maintenance Worker I (HMWI) and Transportation Assistant I
(TAI).
6. Women are not represented in the applicant pool or
as HMWI or TAI employees in numbers reflective of their
interest or availability in the relevant labor market.
7. TDOT relies upon "word of mouth" and other
recruitment methods that have the effect of disseminating
employment opportunity information predominantly to
prospective applicants who are male.
8. TDOT utilizes employment selection criteria and
procedures, including undefined, subjective employment
standards, that have disproportionately excluded qualified
women from employment in the HMWI and TAI positions.
9. On information and belief, TDOT has engaged in a
pattern or practice of employment discrimination that has the
purpose or effect of excluding women from employment in the
HMWI and TAI positions, and this pattern or practice
constitutes a continuing violation of Title VII.
10. All conditions precedent to filing suit have been
performed or have occurred.
Wherefore, Plaintiff United States prays for an order
directing TDOT, its officers, agents, employees, successors,
and all persons in active concert or participation with TDOT
to take the following actions:
A. Adopt recruitment procedures designed to attract
qualified female applicants for the positions of HMWI and TAI,
in numbers that reflect their interest and availability in the
relevant labor market.
B. Ensure that the application process for the HMWI and
TAI positions is fair, open and competitive.
C. Ensure that the selection process for the HMWI and
TAI positions is fair, open and competitive.
D. Ensure that all employees are regularly trained
regarding gender equality.
E. Comply with the provisions of Title VII.
F. Refrain from any act or practice which has the
purpose or effect of unlawfully discriminating against any
female employee or any female applicant or potential applicant
for employment, because of her sex.
G. Refrain from retaliating or taking adverse action
against any person because that person has opposed alleged
discriminatory employment policies or practices, or because of
that person's participation in or cooperation with the
initiation, investigation, litigation or administration of
this action or of any formal or informal complaint.
Plaintiff United States prays for such additional relief
as justice may require, together with its costs and
disbursements in this action.
JANET RENO
Attorney General
By:
____________________________
BILL LANN LEE
Acting Assistant Attorney General
Civil Rights Division
__________________________
MARYBETH MARTIN
CLAIRE L. GREGORY
MICHAEL W. JOHNSON
Attorneys
United States Department of Justice
Civil Rights Division
Employment Litigation Section
P.O. Box 65968
Washington, D.C. 20035-5968
(202) 307-5769 (phone)
(202) 514-1105 (fax)
WENDY H. GOGGIN
U.S. Attorney
RACHEL WATERHOUSE
Assistant U.S. Attorney
United States Attorney's Office
Middle District of Tennessee
110 9th Avenue, South
Suite A961
Nashville, Tennessee 37203