Number
040597
Version
ORIGINAL
Reference
Sponsor
THE CHAIR
Title
Resolution to authorize settlement of alleged discrimination based upon age, disability and retaliation in pending filed administrative proceedings entitled Sharon Probst v. City of Milwaukee, EEOC Case No. 260A401919 and ERD Case No. CR200400739 and an unfiled but threatened additional administrative proceeding. (City Attorney)
Analysis
This resolution authorizes settlement of administrative proceedings pending in the United States Equal Employment Opportunity Commission and the Equal Rights Division of the State of Wisconsin, Department of Workforce Development, Sharon Probst v. City of Milwaukee, EEOC Case No. 260A401919 and ERD Case No. CR200400739 and all related threatened, but unfiled employment discrimination claims in the amount of $33,869.34 for all damages of any nature, including compensatory damages, back pay, front pay, attorneys fees and costs, and any other claim for damages that could be brought concerning the subject matter of employment discrimination arising out of Sharon Probst's employment by the City of Milwaukee.
Body
Whereas, The plaintiff, Sharon Probst, filed the above captioned administrative proceedings and an additional threatened but unfiled administrative proceeding claiming discrimination based upon her age, disability and retaliation for engaging in activity protected by the Age Discrimination in Employment Act of 1967, as amended and the Americans With Disabilities Act of 1990, as amended, in connection with her being disciplined, suspended and discharged; and
Whereas, The parties have agreed to settle both of these administrative proceedings and the threatened proceeding in the amount of $33,869.34 payable as damages, attorney fees, costs, compensatory damages and any other claims for damages of any nature that could have been brought, as set forth in the attached proposed Settlement Agreement and Release; and
Whereas, The City Attorney recommends and the Common Council of the City of Milwaukee deems it is expeditious and just to settle these two administrative proceedings, and the threatened administrative proceeding; now, therefore, be it
Resolved, By the Common Council of the City of Milwaukee that the City Attorney be and hereby is authorized to execute the attached Settlement Agreement, and, be it
Further Resolved, By the Common Council of the City of Milwaukee that the proper City officers be and hereby are authorized and directed to issue a City check in the amount of $33,869.34, payable to Sharon Probst, as and for back pay, subject to all appropriate federal and state tax withholdings, upon receipt of a release of claims, approved as to form and execution by the City Attorney, and that these funds shall be charged to the Damages and Claims Fund, Account No. 0001 1490 0001 S118 006300.
Requestor
City Attorney
Drafter
LAT:enm/August 30, 2004
82117/1047-2004-274