Department of Justice Seal

FOR IMMEDIATE RELEASE

CR

TUESDAY, OCTOBER 31, 2000

(202) 514-2007

WWW.USDOJ.GOV

TDD (202) 514-1888


JUSTICE DEPARTMENT ENTERS CONSENT DECREE TO RESOLVE

RETALIATION CLAIM AGAINST INDIANA TOWN


WASHINGTON, D.C. -- The town of New Chicago, Indiana has agreed to pay $42,500 and provide training to all town officials on complying with the Americans with Disabilities Act (ADA) to resolve a lawsuit alleging that the town retaliated against a former employee who had filed a charge of employment discrimination under the ADA, the Justice Department announced today.

The suit, filed on October 13, 1999 in U.S. District Court in Hammond, Indiana, alleged that officials in the New Chicago, Indiana police department took several adverse employment actions against former dispatcher Karen Smith because she had filed a charge of discrimination under the ADA against the police department. The Justice Department alleged that these actions resulted in Ms. Smith's termination from employment. Ms. Smith's case was referred to the Justice Department by the Indianapolis office of the Equal Employment Opportunity Commission (EEOC).

"The Department is committed to protecting the right of individuals to raise legitimate concerns about discrimination in the workplace without fear of reprisal," said Assistant Attorney General for Civil Rights Bill Lann Lee.

The terms of the consent decree prohibit the town from engaging in discrimination or retaliation in violation of the ADA. All town officials will be trained on the ADA's prohibition against retaliation. The town also agreed to pay compensation to Ms. Smith totaling $42,500.00.

The ADA prohibits public and private employers from taking adverse action against any employee who attempts to assert rights under the ADA, and retaliation itself is a form of discrimination. While the EEOC initially handles all individual cases of discrimination, it refers to the Justice Department for litigation those cases alleging discrimination by a government.

Those interested in finding out more about the ADA can call the Department's toll-free information line at (800) 514-0301, (800) 514-0383 (TDD) or access the ADA Home Page on the World Wide Web at http:/www.usdoj.gov/crt/ada/adahoml.htm.

###

00-637