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JUSTICE DEPARTMENT SUES CITY OF DALLAS FOR

WASHINGTON, D.C. -- The city of Dallas was sued today for retaliating against an employee who filed an allegation of discrimination against the city's police department, the Justice Department announced.

The lawsuit, filed in U.S. District Court in Dallas, alleges that the Dallas Police Department retaliated against Corporal Lee A. Bush after he filed charges of discrimination with the Equal Employment Opportunity Commission (EEOC). Bush filed charges with EEOC's Dallas office in August and November of 1998. Bush claimed that the department retaliated against him for previously filing charges of discrimination with the EEOC and raising an internal grievance alleging race discrimination in the department. After the charges were filed, it is alleged that he was subjected to adverse personnel actions, including being suspended for two days, and being denied a promotion to the rank of sergeant at least twice.

The EEOC investigated Bush's charges of retaliation and found reasonable cause to believe that the city had retaliated against him. The EEOC referred the charges to the Justice Department after efforts to conciliate the charges were unsuccessful.

The Justice Department conducted its own investigation and in early October 1999 notified the city that it believed the city had retaliated against Bush by, among other things, at least twice skipping him for promotion even though he was ranked high enough on the eligibility list to be promoted, a violation of Title VII of the Civil Rights Act of 1964.

The City of Dallas and the Justice Department have both agreed that settlement discussions should proceed and anticipate participating in a court-approved method of alternative dispute resolution.

The lawsuit asks the court to enter an order requiring the city to provide sufficient relief to Bush, including back pay and compensatory damages.

Title VII prohibits employers with 15 or more employees from discriminating against employees because of their race, sex, national origin or religion. If an individual files a charge of discrimination with the EEOC, Title VII gives the Justice Department the authority to file a lawsuit against a public employer, such as a police department, upon referral from the EEOC after the EEOC has investigated the charge, issued a finding that there is reason to believe that Title VII was violated, and has not been successful in its efforts to conciliate the charge.

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