Free Appendix - District Court of Delaware - Delaware

Case 1 :07—cv—00228-GI\/IS Document 63 Filed 07/29/2008 Page 1 of 3
U I Jejjiey D. Hill v. New Castle County, ei al.
C. A. Not 07-228 (GMS) S
Plaintiffs Answering Brief In Opposition Of Defendants’ Motion For Summary Judgment

Case 1 :07—cv—00228-Gl\/IS Document 63 Filed 07/29/2008 Page 2 of 3 .
EEOC Form 5 (5lO1)
CHARGE QF D|g,__,R|M|NAT|ON Charge l .-sentecI To: Agency(ies) Charge No(s):
Th' f rm' ff t d b theP' Act of1974. S nclosed Pri ac A t X FEPA A ( " ` R
IS O5i8;g1eil(l End btherlnridirhxation before comiglsing this fgrrgi y C
IX) croc irc-2006-01456
Delaware Department of Labor A and EEOC
Slate or local Agency, if any
Name (indicate Mn, Ms., Mrs. ) Home Phone {Incl. Area Code) Date of Birth
Mr. Jeffrey D. Hill - (302) 378-2413 09-24-1967
Street Address City, State and ZIP Code
51 Mailly Drive, Townsend, DE 19734 .
Named is the Employer, Labor Organization, Employment Agency, Apprenticeship Committee, or State or Local Government Agency That I Believe
Discriminated Against Me or Others. (lf more than two, list under PARTICULARS below)
Name No. Employees. Members Phone No. (include Area Code}
NEW CASTLE CO POLICE DEPARTMENT 201 - 500 (302) 571 -7930
Street Address City, State and ZIP Code
3601 N. Dupont Highway, New Castle, DE 19720
i ttilt I i“°“t
Street Address City, State and ZIP Code
DISCRIMINATION BASED ON (Check appropriate box(es).) DATE(S) DISCRIMENATION TOOK PLACE
Earliest Latest
lj RACE CI coioa IE sax I:] Reunion lj NATIONAL ORIGIN 12-15-2004 07-14-2006
_ X RETALIATION lj AGE lj DISABILITY lj OTHER {Specify below.)
lj CONTINUING ACTION
THE PARTICULARS ARE {lf additional paper is needed, attach extra sheet(s)):
Jurisdiction: Charging Party works for Respondent in Delaware since 09/92 most recently as a Corporal in there Patrol Division '
Charging Party’s protected class: Sex (Male), Retaliation .
Adverse employment action: Harassment, Terms & Conditions, Assignment _
Brief statement of allegations: Charging Party was assigned to the Mounted Patrol Division in 04/02 working day shift with occasional weekend
shifts. About 09/03 Charging Party was assigned a new supervisor, Sgt. Nicole Hyden. Under Sgt. Hyden’s supervision Charging Party was `
subjected to disparate treatment in the manner in which she dealt with and supervised him. Charging Party alleges that in Summer 2004, when SGT.
Hyden was on vacation, Charging Parry was not assigned to be the acting supervisor. Charging Party alleges that Officer Darla Hoff} a less senior
officer was assigned the position of acting supervisor, in contrast to departmental policy. Charging Party alleges that Sgt. Hyden continually subjected
him to harassing comments and threatened to deny Charging Party’s opportunity to take vacation time. Charging Party alleges that he did not receive
his yearly evaluation in a timely manner and actually did not receive it until ll months after is was due. Charging Party alleges this affected his
ability to transfer and be considered for promotional opportunities. In 2005, following a national competition where Charging Party placed much
higher in ratings than Sgt. Hyden, Sgt. Hyden had a meeting with Charging Party where she threatened to transfer him to another patrol division. In
October 2005, Charging Party filed a formal complaint with the Mounted Patrol Division Captain, Capt. Setting, that he was being harassed by Sgt.
Hyden. Capt. Setting was immediately transferred and Capt. Hitch replaced him and performed the investigation into Charging Party’s complaint.
Respondent found the complaint unsubstantiated and Capt. Hitch was replaced by Capt. Watson at the beginning of March 2006. On 03/ I3/06,
Charging Party was called in by both Capt. Hitch and Capt. Watson and infomied the he was immediately being transferred to the Uniformed Patrol
Division which encompassed working any ofthe three shifts in a 24 hour period with rotating days off Charging Party alleges that by transferring
him to another Patrol Division Respondent retaliated against him for filing a complaint of discrimination.
Respondenfs explanation: Respondent states they can transfer officers at will.
Applicable law(s): Title VII of the Civil Rights Act of 1964 as amended and the Delaware Discrimination in Employment Act
Colnparator(s) or other specific reason(s) for alleging discrimination: Officer Darla Hoff (F) was assigned to the position of acting supervisor with
less seniority than Charging Party. Rosemarie Williams (F) was assigned to fill Charging Party’s position in the Mounted Patrol Division.
I went this charge tiled with both me EEOC and me srate or local Agency, it any. I NOTARY — When messerr fw Slate and L¤¤¤lAae¤¤y Requirements
will advise the agencies if I change my address or phone number and I will cooperate
fully with them in the processing of mycharge in accordance with their procedures.
I swear or afhrm that I have read the above charge and that it is true to
I declare under penalty of perjury that the above is true and correct. . the best of my knowledge, information and belief.
SIGNATURE OF COMPLAINANT
l\ . .. SUBSCRIBED AND SWORN TO BEFORE ME THIS DATE
Sep 12, 2006 __ I . ‘ lm¤r··fh. den year) .
T
Date harging Party Signature l

Case 1 :07—cv—00228-Gl\/IS Document 63 Filed 07/29/2008 Page 3 ot 3
EEOC Form 5 (5/D1}
CHARGE QF D|3()R||V||NA'|'|()N Charge Presented To: Agency(ies) Charge Note):
This form is affected bythe Privacy Act of 1974. See enclosed Privacy Act X FEPA l ’
Statement and other Infomation before completing this form.
IX} Eeoc 17C-2006-01 456
Delaware Department of Labor and EEOC
State or local Agency, if any
THE PARTICULARS ARE (If additional paper is needed, attach extra sneet{s}):
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I want this charge Elect with both the EEOC and the State or local Agency, tt any. I ;·' qggeggyy . · J agency Requirements
will advise the agencies ifl change my address or phone number and I will cooperate EM it
fully with them in the processing of my charge in accordance with their procedures. NY
I swear or afhrrn that I have read the above charge and that It is true to
I declare under penalty of perjury that the above is true and correct. the best of my knowledge, information and belief.
SIGNAT RE OF lNAN‘r
. —~ suesc o Amo sr onrv TO ser=oRE me ·rl-iis; nate
Sgg 12, 2006 _E_ A. (month ay, year)
Date - ` Charging Party Signature { 3/· O é , g E 9