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, 42 U.S.C. § 2000e, et seq., as amended.
2. The Court has jurisdiction of this action under 42 U.S.C. § 2000e-5(f) and 28 U.S.C. § 1345.
3. Defendant City of Alma, Georgia ("Alma"), is a body politic and a political subdivision of the State of Georgia, established pursuant to the laws of the State of Georgia.
4. Defendant Alma 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. Defendant Bacon County, Georgia ("Bacon"), is a body politic and a political subdivision of the State of Georgia, established pursuant to the laws of the State of Georgia.
6. Defendant Bacon 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).
7. Defendants Alma and Bacon jointly operate an entity known as the Alma-Bacon County Fire and Emergency Medical Service ("Alma-Bacon County Fire and EMS").
8. The entity known as the Alma-Bacon County Fire and EMS provides firefighting and emergency medical services throughout the City of Alma and Bacon County, Georgia.
9. Persons employed in the entity known as the Alma-Bacon County Fire and EMS, including persons employed as full-time Firefighter/Emergency Medical Technicians and Firefighter/ Paramedics, are hired pursuant to the Personnel Policy of Defendant Alma, are paid by Defendant Alma, come under Defendant Alma's retirement plan, and are subject to the personnel policies of Defendant Alma.
10. By agreement, a substantial portion of the personnel costs for persons employed in the entity known as Alma-Bacon County Fire and EMS are reimbursed by Defendant Bacon to Defendant Alma.
11. Defendants, through the entity known as the Alma-Bacon County Fire and EMS, have discriminated against Pamela F. Starling, the charging party before the EEOC in Charge Number 115960501, and similarly-situated females on the basis of their sex, in violation of Section 703(a) of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e-2(a), among other ways, by:
a. Failing or refusing to hire or to consider them for hire into full-time Firefighter/Emergency Medical Technician and/or Firefighter/Paramedic positions; and
b. Failing or refusing to take appropriate action to correct the effects of these discriminatory policies and practices.
12. The Equal Employment Opportunity Commission ("EEOC") received a timely charge of discrimination filed by Pamela F. Starling on or about July 26, 1996 (Charge Number 115960501), in which she alleged that she repeatedly had applied to the entity known as the Alma-Bacon County Fire and EMS for a full-time position as an Emergency Medical Technician ("EMT") since 1993 but that she had been denied hire on the basis of her sex, female. In her charge, Ms. Starling also alleged that the entity known as the Alma-Bacon County Fire and EMS discriminated in hiring against females as a class.
13. In accordance with Section 706 of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e-5, the EEOC investigated Charge Number 115960501 filed by Pamela F. Starling, found reasonable cause to believe that Ms. Starling's allegations of discrimination on the basis of sex were true, attempted unsuccessfully to conciliate the matter, and thereafter referred the charge to the United States Department of Justice.
14. All conditions precedent to filing suit have been performed or have occurred.
WHEREFORE, Plaintiff prays for an order enjoining Defendants Alma and Bacon and Defendants' directors, officers, agents, employees, successors, and all persons in active concert or participation with Defendants, as appropriate, from failing or refusing to (i) provide sufficient remedial relief to make whole Pamela F. Starling and all other similarly-situated females who have suffered loss as a result of the discriminatory policies and practices alleged in this complaint, and (ii) take other appropriate nondiscriminatory measures to overcome the effects of the discrimination.
Plaintiff prays for such additional relief as justice may require and its costs and disbursements in this action.
BILL LANN LEE
ACTING ASSISTANT ATTORNEY GENERAL
WILLIAM B. FENTON
D.C. Bar Registration No. 414990
AARON D. SCHUHAM (lead counsel)
D.C. Bar Registration No. 461285
Member, N.Y. Bar (no number issued)
U.S. Department of Justice
Civil Rights Division
Employment Litigation Section
P.O. Box 65968
Washington, D.C. 20035-5968
HARRY D. DIXON, JR.
UNITED STATES ATTORNEY
SOUTHERN DISTRICT OF GEORGIA