SEYMOUR — The city of Seymour has agreed to pay $4,000 to settle a lawsuit filed by a former employee who claimed city officials retaliated against him after he reported a co-worker made racist comments.
Earlier this month, the two parties notified the U.S. District Court for the Southern District of Indiana that they had reached a settlement agreement and planned to ask the court to dismiss the lawsuit.
However, the city initially refused to release the terms of the agreement, claiming that it was exempt from disclosure under Indiana’s public records law. The plaintiff’s attorney also declined to discuss the terms of the deal because “Seymour insisted that it be confidential.”
But after The Republic communicated to city officials that the denial of turning over public records would be forwarded to Indiana’s public access counselor, Seymour provided a copy of the settlement Monday.
Under the terms of the agreement, the city does not admit any wrongdoing and “denies said allegations and claims.” The $4,000 will come from the city’s insurance policy, said Seymour City Attorney Christina Engleking.
The deal follows a lawsuit filed this past September in which former Seymour Department of Public Workers employee Gary Ford claims, among other things, that he was subjected to intimidation and false accusations of wrongdoing after city officials were required to participate in a federal discrimination training class prompted by racist comments allegedly made against him, the lawsuit states.
Ford, who is Black, alleges in the lawsuit that a co-worker named Joe Williams used a racial slur and asked him “whether he was upset there was no fried chicken, watermelon or Kool-Aid for lunch,” according to the lawsuit. Ford allegedly reported the incident to the city’s human resources department.
As a result of the complaint, Ford and other city employees, including Williams, were required to participate in a U.S. Equal Employment Opportunity Commission discrimination training class, the lawsuit states.
During the class, Williams allegedly acknowledged that he used the racial slur, claiming that his use of the word “was a joke,” according to the lawsuit. However, Williams denied making the comment about the food.
After the class, “Ford was retaliated against by other Seymour employees with intimidation and false accusations of wrongdoing, as well as frequent and uncomfortable calls to the human resources department,” the lawsuit states.
Ford claims that the alleged retaliation led him to resign on April 25, a little over a month after he was hired, in what the lawsuit says was a “constructive discharge.”
A constructive discharge is when an employee resigns because work conditions were so unbearable that “a reasonable person in the same situation would quit,” according to the Cornell Law School Legal Information Institute.
In September, the city of Seymour filed a response to the lawsuit, denying allegations that it engaged in or was aware of discrimination, retaliation or false accusations against Ford, according to court filings. The city also disputed that his resignation was a constructive discharge.
However, the city acknowledged that Ford “reported various allegations” during his tenure at the Seymour Department of Public Works and that he filed a complaint with the U.S. Equal Employment Opportunity Commission.
In the court filing, the city said it was aware that Williams denied making the comment about the food, but did not know about or have enough information to admit or deny that Williams openly acknowledged using the racial slur during the discrimination class.
Ford was seeking lost wages and benefits and compensatory damages for mental anguish and other harm he says he suffered, the lawsuit states. Williams has continued his employment with the city of Seymour, according to the city attorney.
