07-C-0213S, Western District of Wisconsin; 08-1110, 7th Circuit Court of Appeals

Listen to this article

DISCRIMINATION: $686,192

Case number: 07-C-0213S, Western District of Wisconsin; 08-1110, 7th Circuit Court of Appeals

Verdict & Settlement: Settlement

Settlement amount: $686,192

Disposition date: Sept. 8, 2008

Plaintiffs attorney (firm): Marilyn Townsend, Frederick B. Wade, and Robert J. Kasieta

Plaintiff counsel’s summary of the facts: In October 2007, a federal court jury in Madison, Judge John Shabaz presiding, found that the city of Watertown violated anti-discrimination laws: (1) on the basis of age when it terminated her employment and retained the services of two younger less experienced women; (2) on the basis of sex when it selected a male supervisor for promotion to a newly created Assistant manager position; and (3) on the basis of age when it failed to hire her to fill an account clerk vacancy in the office of the city treasurer.

At the time the employment of Herzog was terminated, she had worked for the city for 13 years and had advanced from the entry level position of bookkeeper to a supervisor in the Water Department. Her performance evaluations were uniformly outstanding.

In addition to finding that the city discriminated against Herzog, the jury recommended that “city of Watertown administrators and staff receive training in hiring practices, affirmative action, harassment and cultural sensitivity.”