The U.S. Department of Justice (DOJ) has reached a settlement agreement with the Wisconsin Department of Military Affairs (WDMA) to resolve a gender-based pay discrimination lawsuit filed in January 2023.
The lawsuit, filed under Title VII of the Civil Rights Act, alleged that WDMA paid former employee Michelle Hartness a lower salary than similarly- or less-qualified male colleagues for a director position within the Wisconsin Division of Emergency Management. The over-one-year claim was settled Sept. 19.
Title VII prohibits workplace discrimination based on sex, race, color, national origin, or religion. The lawsuit claimed that WDMA’s pay offer to Hartness was not only unequal but also in violation of federal law.
Assistant Attorney General Kristen Clarke of the DOJ’s Civil Rights Division emphasized the importance of addressing the gender pay gap, saying, “It is time to close the gender pay
gap, which stands as one of the most pressing problems in the labor market today. This settlement reflects the Justice Department’s commitment to ensuring women receive the pay they have rightfully earned.”WDMA will pay Hartness a $175,000 monetary award for the settlement. The department also affirmed its commitment to antidiscrimination practices by maintaining policies to prevent compensation discrimination and establishing consistency in salary decisions through a pay-setting policy. Additionally, WDMA agreed to provide personnel with training on these policies to prevent future discrimination.
The lawsuit followed an investigation by the Equal Employment Opportunity Commission (EEOC), which found reasonable cause to believe that Hartness had been discriminated against because of her gender. After failed conciliation attempts, the EEOC referred the case to the Department of Justice.
The DOJ’s Civil Rights Division prioritized this case, particularly its Employment Litigation Section. Senior trial
attorneys Patricia Stasco, Christine Dinan, Catherine Sellers, and trial attorney Young Choi handled the lawsuit.The Department of Justice continues to take a firm stance on enforcing Title VII to combat workplace discrimination. For more information on the Civil Rights Division’s work, visit the organization’s website.