“Probationary employees are especially vulnerable to discrimination as they have fewer employment protections than permanent employees and are often reluctant to file a complaint since it could easily cost them their jobs,” said Assistant Attorney General Kristen Clarke for the Justice Department’s Civil Rights Division.
“This settlement agreement underscores that Title VII’s protections apply equally to probationary employees. The Civil Rights Division stands ready to vigorously enforce the law when employees who complain about sexual harassment are subject to retaliation.”
“Discrimination in the workplace is toxic,” said U.S. Attorney Ryan K. Buchanan of the Northern District of Georgia. “An employee who faces discrimination in her workplace should be able to freely exercise her rights under Title VII without fear of retaliation.”
According to a complaint filed by the Justice Department in the U.S. District Court for the Northern District of Georgia, Brooks filed a sexual harassment complaint with DeKalb County during her first six months on probation.
She said that her supervisor, the deputy director of the county’s Facilities Management Department, made unwanted sexual advances, comments, and actions toward her. The county looked into these claims and found that they were true.
The United States’ lawsuit also says that just one month after Brooks complained, the deputy director’s boss, the director, called human resources and asked for information from the county’s ongoing investigation of Brooks’ complaint that would help him fire Brooks while she was still on probation.
According to the lawsuit, Brooks’ probation was extended by three months after a high-level county official told the director to do so. But near the end of her extended probation, Brooks was fired without being told why.
Brooks will receive $190,000 in lost wages and compensatory damages under the settlement deal, which has been filed to the court for approval. T
he county must also develop and submit anti-discrimination and anti-retaliation policies to the Justice Department for approval, as well as provide supervisors and managers in its Facilities Management Department with training on those policies and the types of workplace conduct that constitute unlawful employment practices under Title VII.
The Equal Employment Opportunity Commission’s (EEOC) Atlanta District Office investigated and attempted to resolve Brooks’ discrimination allegation before sending it to the Department of Justice for enforcement action. The EEOC’s website, www.eeoc.gov, has more information regarding its jurisdiction.