By MIKE BILLINGTON and ESTEBAN PARRA
The News Journal
08/02/2005
Three officers and a former employee have filed a federal lawsuit against the state Department of Correction, claiming they were discriminated against while working at the probation violation center near Smyrna.
Three of the plaintiffs are black, according to the lawsuit. The fourth is a white woman who claims she became discriminated against when she was pregnant.
Department spokeswoman Beth Welch said Monday it would be inappropriate to comment. The plaintiffs' lawyer, Roger Anderson, would not comment.
The lawsuit alleges that Lt. Karen Hawkins was retaliated against in a variety of ways after she complained in 2003 that she was denied advancement and overtime because she is black.
Her personnel file containing confidential information was left in an unsecured area, she was not allowed to supervise or discipline officers under her command, she was unfairly investigated, and she was excluded from lieutenants' meetings because she was not advised of changes in times and locations, she said in the lawsuit.
Hawkins also claims she was denied a chance to interview for a higher-level staff position and that the interview process for that job was set up to prevent any black officer from getting it.
Dion Hawkins, who is married to Karen Hawkins, claims he was discriminated against in retaliation for his wife's complaints about overtime. Dion Hawkins, a corrections officer, was involuntarily transferred to the Delaware Correctional Center from the Central Violation of Probation Center near Smyrna in 2003.
He filed a grievance and was transferred back, he claims in the suit, but once he returned, he was unfairly disciplined, denied time off from work while white officers were allowed to take the time that they needed, and placed in unsafe working conditions.
Corrections officer Donell Winder said he was discriminated against after he was involuntarily transferred to the probation violation center and complained about the treatment of black officers. Winder said he also informed his superiors that he would be testifying as a character witness for Dion Hawkins.
After that, Winder said in the complaint, he was subjected to unfair internal investigations, denied time off when white officers were given time off, and placed in unsafe working conditions. He, like Karen and Dion Hawkins, claims that his employee performance appraisals were unfairly delayed.
Christa Bates was a sergeant at the probation violation center when she notified her superiors in June 2003 that she was pregnant.
According to her complaint, she was then assigned to the 11 p.m. to 7 a.m. shift. She was concerned about inadequate staffing on that shift and told her superiors, the lawsuit said.
She also said working the overnight shift did not allow her to get time off when she needed it because of the shortage of officers working those hours. In her complaint, Bates said she was told she could quit if she didn't like her schedule.
Bates did not quit then, but she applied for another job. She alleges in the lawsuit that the interview process was tainted because the male candidate for the job was given a list of questions in advance and prepped for the interview.
Bates said her supervisors then began pressuring her to quit because of her pregnancy.
When her supervisors discovered that she had written a letter supporting Dion Hawkins, Bates said, they retaliated against her by starting unfair investigations into her conduct, denying her time off while allowing other officers to take time off, and putting her in unsafe working conditions.
She later resigned.
The plaintiffs are seeking lost wages, damages for pain and suffering, fair treatment and the payment of legal fees.
A trial date has not been set.
Contact Mike Billington at 324-2761 or mbillington@delawareonline.com.
Contact Esteban Parra at 324-2299 or eparra@delawareonline.com.
