Indiana Trial Reports
Type of Action: Sexual harassment, retaliation, and denial of due
process
Name of Case: Webb v. State of Indiana, et al.
Type of Injuries: Back wages and emotional distress.
Date of Settlement: February 29, 2000
Court/Case #: U.S. District Court, Southern District Indiana, Case
No. IP 98-1256-C-M/S
Name of Judge: Larry J. McKinney
Settlement Amount: Reinstatement to a similar job position, $10,000
for back wages, $20,000 for emotional distress, $50,000 for payment of all
plaintiff’s attorney fees and costs.
Attorney for Plaintiff: Richard L. Darst, Attorney at Law,
Indianapolis.
Attorneys for Defendant: Available upon request.
Case Information: Plaintiff was a cook for the Indiana Department
of Corrections. She had been married for seventeen years, had three
children, her husband worked for the Department of Corrections, and her
father worked for the Department of Corrections.
A co-worker sexually harassed the plaintiff through offensive
statements and touchings. Plaintiff complained to the employer about the
sexual harassment by the co-worker. Plaintiff’s complaints were
corroborated by complaints from other female employees.
The employer failed to take prompt corrective action against the
co-worker and failed to prevent the co-worker from retaliating against the
plaintiff. The co-worker did retaliate against the plaintiff by falsely
accusing her of having a relationship with an inmate. The employer
investigated the harasser’s allegations first and terminated the
plaintiff before terminating the harasser for later violations.
The employer found greeting cards in the inmate’s cell with the same
first name as the first name of the plaintiff. The employer accused
plaintiff of trafficking in greeting cards with the inmate. The employer
sent the greeting cards and the plaintiff’s handwriting to a handwriting
examiner and obtained a report that they were similar. The employer
terminated plaintiff and caused her to be criminally charged with
trafficking in greeting cards.
The employer did not inform the plaintiff that the inmate had a
girlfriend on his visiting list with the same first name as the plaintiff’s
first name. The employer did not inform the handwriting examiner of the
girlfriend with the same first name. The employer based its termination in
part on other correspondence which showed on its face that it was from
another female. The employer did not disclose to the plaintiff before her
pre-deprivation hearing all of the correspondence on which the employer
based its termination decision. The employer failed to provide the
information to the plaintiff’s attorney after the attorney requested the
information in writing. The employer failed to provide a post-termination
hearing.
Plaintiff was humiliated at work by the sexual harassment by the
co-worker. Then, the plaintiff was further humiliated in the community by
the employer’s termination of her and by the employer causing criminal
charges to be brought against her.
The attorneys for both sides worked through the discovery process to
obtain the truth and to reach a resolution satisfactory to both parties.
The defendant did not admit liability. The criminal charges were later
dismissed.
Name and Telephone Number of Person Authenticating This Report:
Richard
L. Darst; 317-573-8888.
I certify that I have sent a copy of this report to the opposing party
through its attorneys.
____________________________
Richard L. Darst
