From: Subject: EEOC Settles Sex Bias Case with State Corrections Department for Almost $1 Million Date: Thu, 22 May 2008 10:14:42 -0400 MIME-Version: 1.0 Content-Type: multipart/related; type="text/html"; boundary="----=_NextPart_000_0000_01C8BBF4.A6E10C00" X-MimeOLE: Produced By Microsoft MimeOLE V6.00.2900.3198 This is a multi-part message in MIME format. ------=_NextPart_000_0000_01C8BBF4.A6E10C00 Content-Type: text/html; charset="Windows-1252" Content-Transfer-Encoding: quoted-printable Content-Location: http://www.eeoc.gov/press/5-21-08a.html EEOC Settles Sex Bias Case with State = Corrections Department for Almost $1 Million The U.S. Equal Employment Opportunity = Commission=20

FOR IMMEDIATE RELEASE                                       =
CONTACT:
May 21, 2008                                                Raechel L. =
Adams
                                                            Senior Trial =
Attorney
                                                            (212) =
336-3707
                                                            Robert D. =
Rose
                                                            Supervisory =
Trial Attorney
                                                            (212) =
336-3708
                                                            Bryan White, =
Program Analyst
                                                            (212) =
336-3670
                                                            TTY:  (212) =
336-3622

EEOC SETTLES SEX BIAS CASE WITH STATE CORRECTIONS DEPARTMENT FOR = ALMOST $1=20 MILLION

Corrections Department Provided Lesser = Benefits to=20 Female Corrections Officers Who Gave Birth While on Workers=92 = Compensation Leave=20

NEW YORK =96 The New York State Department of Correctional Services = will pay=20 nearly $1 million to settle a sex discrimination lawsuit filed by the = U.S. Equal=20 Employment Opportunity Commission (EEOC) and the U.S. Attorney for the = Southern=20 District of New York, the two offices announced today. The EEOC and the = United=20 States had charged the Corrections Department with violating federal law = by=20 providing inferior benefits to female employees on maternity leave.

The EEOC suit, filed under the Equal Pay Act of 1963 (Case No. = 07-CV-2587 in=20 U.S. District Court for the Southern District of New York), charged that = the=20 Corrections Department gave male employees with work-related injuries up = to six=20 months of paid workers=92 compensation leave. Female employees could be = granted=20 the same leave, but pregnant employees on such leave were involuntarily = switched=20 to maternity leave at or around the time they gave birth. The = Corrections=20 Department=92s maternity leave policy requires that women first use = their accrued=20 sick or vacation leave with pay; then, if approved, sick leave with half = pay and=20 then sick leave without pay.

The EEOC charged that switching women from workers=92 compensation = leave to=20 maternity leave resulted in lesser benefits for those women due to their = sex and=20 thus violated the Equal Pay Act (EPA). The EPA is a federal law = requiring that=20 employers pay men and women equally for equal work.

The U.S. Attorney for the Southern District of New York joined the = lawsuit by=20 adding claims under Title VII of the Civil Rights Act of 1964. The U.S.=20 Attorney=92s Office alleged that the Corrections Department engaged in a = pattern=20 and practice of employment discrimination on the basis of sex as a = result of its=20 categorical determination that a female employee who gives birth to a = child=20 should be transferred from workers=92 compensation leave and benefits = without=20 making a determination whether, on an individual basis, an employee = continues to=20 be eligible for workers=92 compensation leave and benefits.

Late yesterday, the court granted final approval of an Order and = Stipulation=20 Providing for Injunction and Affirmative Relief, which provides $972,000 = in=20 compensatory damages, liquidated damages, back pay and interest to 23 = female=20 Corrections employees. The back pay, which includes the value of leave = some=20 women were forced to take, has already been paid. The order also = contains a=20 modification provision whereby the court may order additional monetary = relief to=20 additional victims who are identified following the settlement.

Also in the order, which is subject to monitoring by the EEOC, the = United=20 States and the court for up to five years, the Corrections Department = agreed to=20 several elements of injunctive relief as to all its facilities = statewide. It has=20 amended its workers=92 compensation directive to provide that no female=20 Corrections officer shall be removed from workers=92 compensation = benefits due to=20 pregnancy or the birth of a child, and it will provide = anti-discrimination=20 training to employees across the state, along with training in the=20 administration of workers=92 compensation benefits to its personnel = employees. The=20 Corrections Department will also give to each female employee preparing = to take=20 a maternity leave a packet of all applicable policies, procedures and=20 benefits.

=93I am confident that this case has shown the Corrections Department = that what=20 might seem like a slight difference in benefits between a man and a = pregnant=20 woman can really take a toll on an employee=92s life,=94 said Raechel = Adams, the=20 EEOC trial attorney handling the case. =93Mostly, I am pleased that with = the=20 injunctive relief in place, the Corrections Department will now treat = men and=20 women equally for equal work when it comes to workers=92 compensation=20 benefits.=94

The Department of Corrections is the New York state government entity = responsible for the confinement and habilitation of approximately 63,000 = inmates=20 held at 69 state correctional facilities across New York State, = including=20 approximately 1,700 at the Sing Sing Correctional Facility in Ossining, = New=20 York, where this action originated.

EEOC New York District Director Spencer H. Lewis, Jr. commented, = =93The EEOC is=20 very grateful to have had the opportunity to collaborate with the U.S.=20 Attorney=92s Office on this very important case. It was our working hand = in hand,=20 under the Equal Pay Act and Title VII together, that allowed us to = achieve such=20 a fine result.=94

The EEOC enforces federal laws prohibiting employment discrimination. = Further=20 information about the EEOC is available on its web site at http://www.eeoc.gov/.

This page was last modified on May 21, 2008.

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