IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF NEW MEXICO

UNITED STATES OF AMERICA,

Plaintiff,

Civil Action No.

vs.

ZUNI PUBLIC SCHOOL DISTRICT,

Defendant.

COMPLAINT

Plaintiff, United States of America, alleges:

1. This action is brought on behalf of the United States to enforce the provisions of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. 2000e, et seq.

2. This court has jurisdiction of the action under 42 U.S.C. 2000e-5(f) and 28 U.S.C. 1345.

3. The defendant Zuni Public School District is a political subdivision of the State of New Mexico, created pursuant to the laws of New Mexico.

4. The defendant Zuni Public School District is a person within the meaning of 42 U.S.C. 2000e(a) and an employer within the meaning of 42 U.S.C. 2000e(b).

5. The defendant has subjected Donna Patty-Hart, formerly a teacher in the defendant's school system, to discrimination in employment on the basis of her sex, female, in violation of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. 2000e-2(a), among other ways, by:

(a) Subjecting Ms. Patty-Hart to sexual harassment which created an intimidating, hostile or offensive work environment and which adversely affected the terms, conditions and privileges of her employment; and

(b) Failing or refusing to take appropriate action to remedy the effects of the discriminatory treatment of Ms. Patty-Hart.

6. The Equal Employment Opportunity Commission (EEOC) received a timely charge, Charge No. 390-97-1049, filed by Ms. Patty-Hart in which she alleged that she had been discriminated against in employment by the defendant Zuni Public School District on the basis of her sex. Pursuant to Section 706 of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. 2000e-5, the EEOC investigated the charge, found reasonable cause to believe that the allegations of discrimination were true, attempted unsuccessfully to achieve through conciliation a voluntary resolution of the charge and subsequently referred the matter to the Department of Justice.

7. All conditions precedent to the filing of suit have been performed or have occurred.

WHEREFORE, plaintiff prays that the Court grant the following relief:

Award compensatory damages to Donna Patty-Hart as would fully compensate her for injuries caused by the discrimination against her, as alleged in this complaint, pursuant to and within the statutory limitations of Section 102 of the Civil Rights Act of 1991, 42 U.S.C. 1981a; and

Require the defendant to take other appropriate nondiscriminatory measures to overcome the effects of the discrimination, including the implementation of an effective program to: address and prevent sexual harassment against employees; ensure that employees with sexual harassment allegations are not discouraged from bringing forth their complaints; and ensure that all complaints of sexual harassment, including those made to supervisors, are promptly and objectively investigated and resolved.

The plaintiff prays for such additional relief as justice may require, together with its costs and disbursements in this action.

JURY DEMAND

The United States hereby demands a trial by jury of all issues so triable pursuant to Rule 38 of the Federal Rules of Civil Procedure and Section 102 of the Civil Rights Act of 1991, 42 U.S.C. 1981a.

John Ashcroft
Attorney General

By:

Ralph F. Boyd, Jr.
Assistant Attorney General
Civil Rights Division

David C. Iglesias
United States Attorney
District of New Mexico

Jan Elizabeth Mitchell
Assistant United States Attorney
District of New Mexico
201 Third Street, N.W., Suite 900
Albuquerque, New Mexico 87102
(505) 346-7274

William B. Fenton
Larry G. Ward (DC Bar 419105)
Attorneys
U.S. Department of Justice
10th and Constitution Avenue, NW
Civil Rights Division
Attention: Larry Ward
Employment Litigation Section
Patrick Henry Building, Room 4916
Washington, DC 20530
(202) 514-6341