THE INDIANA LAWYER
MORENO-NICHOLAS CASE
Type of Action:
Employment / Race Discrimination and Retaliation
Name of Case:
Patricia Veronica Moreno-Nicholas v. City of Indianapolis.
Type of Injuries:
Lost wages from denial of promotion, emotional distress.
Date of Judgment:
Dismissal based on settlement April 30, 1997.
Court/Case #:
U. S. District Court, S. D. Ind.; Case No. IP
95-0358-C-M/S.
Judge or Jury Trial:
Jury trial requested.
Name of Judge:
Magistrate Judge V. Sue Shields.
Settlement Amount:
$47,000 for compensatory damages and $33,000 for attorney
fees and costs.
Attorney for Plaintiff:
Richard L. Darst, Indianapolis.
Attorney for Defendant:
Available upon request.
Insurance Carrier:
None.
Case Information:
The Hispanic plaintiff, who had a bachelor of science
degree in industrial engineering, moved to Indianapolis with her husband. In 1986, she was
hired by the City Department of Public Works to do computer work. In 1992, a central
department-wide Management Information System (MIS) section was formed, which was composed
of three white males and two minority females. The other minority female had a bachelor=s
degree in information systems. The white males did not have degrees relating to computers.
The minority females were paid less than the white
males who had less education and experience. When office space became limited, the
minority females were requested to move, but not the white males. The white males were
given the titles of Systems Analysts before the minority females. In 1994, the other
minority female resigned because of the discrimination.
In 1994, plaintiff became pregnant, and the City increased its
discrimination against plaintiff by withholding job assignments and by discouraging her.
Just before plaintiff was scheduled to take maternity leave, her supervisor issued to her
an improper letter of counseling for not attending meetings, when white males had not
attended such meetings and were not issued a letter of counseling. The intention of the
supervisor was to make a record against plaintiff in order to get rid of her after she
returned from maternity leave. When plaintiff returned from maternity leave, the
supervisor still withheld assignments from her and did not give her assignments equal to
the white males. The supervisor also assigned one of the white males to additionally
supervise plaintiff, even though the white employees did not have such additional
supervision. The additional supervisor assigned to plaintiff had previously received
complaints about his discriminatory behavior.
Plaintiff resigned in frustration because of the discrimination and
retaliation. She obtained employment at a higher level of responsibility and income in
California.
The City at first attempted to compare plaintiff to employees
outside the MIS section. When knowledgeable defense counsel became involved, the case was
settled at an early stage of the case.
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