Lawsuit Alleges Discrimination in Chicago’s Water Department

CHICAGO (AP) — Black workers at Chicago’s Department of Water Management have filed a federal lawsuit contending they were routinely denied promotions and subjected to racial slurs.

The lawsuit filed Thursday in U.S. District Court also asserts blacks were also sexually assaulted because of their race. The lawsuit was filed on behalf of seven current and former employees of the department, and it seeks class-action status.

The lawsuit alleges that when complaints were filed about a hostile work environment, black workers were “subjected to unfair, arbitrary and capricious discipline for speaking out.”

The complaint comes weeks after the leadership at the water department was shuffled after a probe uncovered racist and sexist emails shared among department supervisors.

City officials did not have an immediate response to the lawsuit.

The love keeps on giving at the City of Chicago Department of Water Management. Rahm Emanuel is very mad. Very mad. Rahm Emanuel wants to fire all the workers on cocaine and stop the drug sales at the Water Department. It will never happen.

Lawsuit Follows Shake-Up At Chicago Water Department DOWM

(CBS) — Seven employees of Chicago’s Water Department filed a class-action lawsuit Thursday morning, claiming they were denied promotions, subjected to racial claims and sexually harassed because of their race.

CBS 2’s Sandra Torres has details.

“I feel less than the man that I am when I’m talked to disrespectfully,” says 57-year-old Derrick Edmond.

He refers to the treatment he’s received while working at the south water purification plant. He’s among the Water Department employees in the suit who say, in part, “black employees are humiliated, harassed, and threatened daily by co-workers.”

“In 2017, many black people at the Water Department still cannot go to work and make a living without being subject to a hostile work environment,” Edmond says.

Edmond has been working as an operating engineer at the plant for over 30 years.

In the lawsuit, he claims:

-supervisors denied him promotion opportunities because of his race.

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-they called him the “N” word and referred to him as “you people.”

-he was disciplined in retaliation for speaking out against his treatment in the department.

“All of their stories are consistent from top to bottom,” attorney Vick Anderson says.

In May, Mayor Rahm Emanuel fired Water Department Commissioner Barrett Murphy after an investigation uncovered racist and sexist emails.

Attorneys say employees now want justice.

“This lawsuit falls on the heels of our mayor of our city having to acknowledge that the culture of the Water Department is indeed hostile and abusive,” William C. Martin says. “This is the next step in this admission process.”

Two plaintiffs are women and five are men; attorneys say at least 30 others have reached out to them with similar claims.

A spokesperson for Emanuel issued this prepared statement in response to the lawsuit:

“The City of Chicago has no tolerance for discrimination of employees in any form, and while we cannot comment on this lawsuit specifically, the City does not take any allegations of this nature lightly. The Mayor recently appointed a new commissioner and is committed to providing the support and resources necessary to implement changes and address issues at the Department of Water Management.”

Patrick McDonough, a City of Chicago Department of Water Management employee has complained of discrimination to two decades. Frank Coconate joins the lawsuit.

Chicago Water Management Employees File Discrimination Lawsuit By Charlie Wojciechowski

Archie High 2017-06-29_19-13-18.jpg

Chicago Clout’s Archie High tells all.
Derrick Edmond has been an employee in the Chicago Department of Water for over 30 years, but he’s now part of a federal lawsuit alleging racial discrimination against management of the agency.
Edmond, an employee at the Sawyer Water Purification Plant on the South Side, is one of eight employees filing suit against the agency.
“Personally, I feel like a little bit less than a man than I am when I have to be talked to disrespectfully, especially after 33 years and an impeccable work record,” Edmond said.
The lawsuit alleges a long-standing and wide-ranging pattern of racial discrimination inside Chicago’s Department of Water Management.
According to the suit, Edmond and others were assigned less desirable shifts and days off, given less desirable work assignments, denied promotions and transfers and were intimidated and harassed because of their race.
“They came to us and told us they had been living in a poisonous environment, literally living in the sewer,” attorney Victor Henderson told reporters.
The lawsuit comes on the heels of the resignation of former Chicago water commissioner Barrett Murphy, who left his office amid reporters of an inspector general’s investigation into racist and sexist emails by the department.
Attorneys for the plaintiffs in the case say that resignation was a good start, but more must be done to correct what they say has been decades of discrimination at the department.
“We have filed this lawsuit because in 2017, many black people at the water department still cannot go to work and make a living without being subjected to a hostile work environment,” Edmond said.
The plaintiffs in the case allege that the environment not only made it difficult to come into work on a daily basis, but also held them back in their careers with the department.
“All of their stories are consistent, from top to bottom,” Henderson said. “We are hoping the city responds favorably because they have already taken some action.”

Water Dept. employees file lawsuit, allege black workers ‘spit on,’ ignored daily

CHICAGO — Seven African-American employees in the Chicago Department of Water filed a class action lawsuit in federal court today. The plaintiffs say they were subject to a poisonous work environment where black workers were “spit on” and ignored every single day.

In the complaint, the workers claim they were passed over or denied promotions in favor of white employees or workers from other plants, and were not given the opportunity to transfer if they were unhappy.

They allege they were subjected to racial slurs and sexually harassed because of their race.

Two employees who spoke to reporters today — one a 30 year veteran, the other a 40-year veteran of the department — say they were nameless and faceless every day while they were responsible for bringing millions of Chicago residents fresh water. Today, they say, they are no longer voiceless.

The plaintiffs are seeking more oversight within the department. They are not putting a monetary number on specific damages yet.

The plaintiffs’ attorneys say they’ve already gotten calls from more than 30 other Water Department employees saying they, too, were subject to what they’re calling a “hostile work environment” for decades.

Water Management employees file federal lawsuit

CHICAGO 06/29/2017, 12:02pm A bronze plaque hangs outside of Chicago’s City Hall
A group of employees have filed a class-action lawsuit over workplace conditions at the city’s Department of Water Management.
Fran Spielman

The pre-emptive strike didn’t work.

On Thursday, four current and two former Water Management employees filed a federal lawsuit against the city and the department at the center of the Hired Truck and city hiring scandals.

The lawsuit accuses the city and top Water Management officials of “deliberate and unlawful policies, patterns and employment practices to create and proliferate a hostile and abusive work environment based on race that includes violence, intimidation, retaliation, constructive discharge against the plaintiffs and the class of similarly situated former and current” employees.

It seeks “unpaid wages, liquidated damages, attorneys fees and declaratory and injunctive relief.”

Named plaintiffs in the class-action lawsuit were identified as: current employees Derrick Edmond, Katherin Ealy, Craig Robinson, Eddie Cooper Jr. and Robert T. Laws Jr.; and former employees Vicki Hill and Adebola Fegbemi.

All six are African-American, and according to the lawsuit, all “have been subject to the ongoing and continuing violations of a hostile work environment and/or deliberate acts of discrimination during their employment based on their race.”

Indeed, the suit claims the on-the-job actions against the plaintiffs “weave a tapestry of hostility that dominates every aspect” of their job.

That tapestry includes getting less-desirable shifts and work assignments and being denied promotions, transfers, overtime and training opportunities.

Black women were routinely referred to as “bitches and whores,” the suit contends. Those who dared to complain about the discriminatory treatment of African-Americans were also punished with “unfair, arbitrary and capricious discipline, plaintiffs claim.

And in spite of a shake-up touched off by the offensive emails that has already swept out five high-level managers, the city has “done nothing to remedy” the toxic environment, the suit contends.

Law Department spokesman Bill McCaffrey had no immediate comment on the lawsuit.

At his confirmation hearing earlier this week, newly-appointed Water Management Commissioner Randy Conner assured sympathetic aldermen that he would “change the culture” in a department with a history of intolerance and scandal.

Conner is named as one of the plaintiffs in the lawsuit. So are: former Commissioner Barrett Murphy; former Ald. John Pope (10th), who is now a deputy commissioner in the Department of Water Management and three other high-ranging department officials.

Last month, a housecleaning in the Department of Water Management at the center of the Hired Truck and city hiring scandals swept out Murphy, managing deputy William Bresnahan and district superintendent Paul Hansen.

Sources said Murphy — whose wife is a close friend of Emanuel’s wife, Amy Rule — was held responsible for the chain of racist and sexist emails sent by an underling whom the commissioner failed to discipline, even though Murphy was among those receiving the emails.

The Chicago Sun-Times was the first to report that Inspector General Joe Ferguson uncovered the racist, sexist and homo-phobic emails circulating in the Department of Water Management while investigating allegations that Hansen had used his city email account to sell guns.

Murphy’s ouster was a stunner, even in a city department with a history of corruption that’s notorious for its ugly, hate-filled culture.

That’s because it came at the risk of losing two close friends.

Lockwood once chaired a political fundraising committee for the mayor. She’s an Emanuel appointee to the Chicago Public Library board who helped organize the 2012 NATO Summit for the mayor and had a one-year, $160,000 consulting contract with the tourism agency known as Choose Chicago.

Last week, two more high-level supervisors were placed on administrative leave pending termination proceedings.

Thomas J. Durkin, a $106,599-a-year general foreman of plumbers, has been placed on administrative leave without pay while Water Management Commissioner Randy Conner decides whether to follow Inspector General Joe Ferguson’s recommendation that Durkin be fired. Conner who is African-American, has been given carte blanche in a department with an ugly history of corruption and intolerance.

Sources said Durkin was accused of “sending and receiving” the same kinds of racist, sexist, homophobic and Islamaphobic emails that have already triggered the ouster of three other Water Management bosses.

John J. Lee Jr., the $128,088-a-year superintendent of the Water Management’s south district, has also been placed on administrative leave tied to the email scandal.

Durkin and Lee have since resigned.

Massive Victory for Hagens Berman in Chicago. Time for Lead Free Drinking Water.

Hagens Berman Law Firm Photo Chicago Clout Lead in Water.jpg It has been awhile so I wanted to update you on what has been going on in the Chicago lead class action case. As you may remember, the judge dismissed the claims last time around. Hagen Berman with powerhouse Attorney Mark Vazquesz filed an amended complaint in January and also filed a motion seeking leave to add an inverse condemnation claim (which would permit recovery of funds to replace the lead service lines in their entirety). After some delay, the lawfirm had a hearing on that motion. Mark Vazquesz won and the judge granted the motion, allowing Hagens Berman to file the amended complaint and add Count II. The judge made several statements that reflected a favorable view of the case. In particular, he referred to two points as crucial: (1) the fact that our plaintiffs’ water still showed elevated lead levels, and (2) the fact that other municipalities, such as Boston and Madison, condemn partial lead service line replacements and don’t perform them.

EPA and the Centers for Disease Control and Prevention (CDC) agree that there is no known safe level of lead in a child’s blood. Lead is harmful to health, especially for children.*
In 1974, Congress passed the Safe Drinking Water Act. This law requires EPA to determine the level of contaminants in drinking water at which no adverse health effects are likely to occur with an adequate margin of safety. These non-enforceable health goals, based solely on possible health risks are called maximum contaminant level goals (MCLGs). The MCLG for lead is zero. EPA has set this level based on the best available science which shows there is no safe level of exposure to lead.
Lead and copper enter drinking water primarily through plumbing materials. Exposure to lead and copper may cause health problems ranging from stomach distress to brain damage.
 
In 1991, EPA published a regulation to control lead and copper in drinking water. This regulation is known as the Lead and Copper Rule (also referred to as the LCR). Since 1991 the LCR has undergone various revisions, see the Rule History section below.
The treatment technique for the rule requires systems to monitor drinking water at customer taps. If lead concentrations exceed an action level of 15 ppb or copper concentrations exceed an action level of 1.3 ppm in more than 10% of customer taps sampled, the system must undertake a number of additional actions to control corrosion. Information
If the action level for lead is exceeded, the system must also inform the public about steps they should take to protect their health and may have to replace lead service lines under their control.
 
*See Jose de Diego Community Academy/City of Chicago that exposed 1,100 children’s drinking water at risk of contamination on chicagoclout.com, 2007/2008.
 
EPA issued the Lead and Copper Rule in 1991 and revised the regulation in 2000 and 2007. States may set more stringent drinking water regulations than EPA.
 
In addition:
· EPA requires all community water systems to prepare and deliver an annual water quality report called a Consumer Confidence Report (CCR) for their customers.
EPA requires community water systems to deliver a Consumer Confidence Report, also known as an annual drinking water quality report, to their customers. These reports provide Americans information about their local drinking water quality.
Reports must be sent by your water supplier each year by July 1.
Reports Contain:
· The lake, river, aquifer, or other source of the drinking water;
· A brief summary of the risk of contamination of the local drinking water source;
· The regulated contaminant found in local drinking water;
· The potential health effects of any contaminant detected in violation of an EPA health standard;
· An accounting of the system’s actions to restore safe drinking water;
· An educational statement for vulnerable populations about avoiding Cryptosporidium;
· Educational information on nitrate, arsenic, or lead in areas where these contaminants may be a concern.
 
This brief summary is representing the dangers involved with lead in the drinking water for the City of Chicago Potable Water System.
Compiled by an Illinois Certified Plumbing Inspector, 2017.

Again, the City of Chicago Department of Water Management has failed to install new copper services when installing new water mains. That means all the work will need to be redone. How stupid can you be. The Chicago Water Department and the Office of the Inspector General, has failed to protect the citizens of Chicago. Thanks to the experts in Plumbing that stepped forward. A political solution will mean more failure. I am proud of my commitment to all Chicago to stand up when needed. See you in court soon.

CHICAGO — An $85,068-a-year Chicago plumbing inspector who uncovered two pages of building-code violations that left 1,100 children at Jose de Diego Community Academy without water for weeks has been hit with back-to-back suspensions of three and 15 days.

Michael McGann said Monday the actions are in retaliation for his faxing a copy of his inspection report to the school’s principal, talking with a Chicago Sun-Times reporter about the threat of disciplinary action and cooperating with an inspector general’s investigation into what McGann calls “a rash of” substandard cast-iron pipe being used on city jobs.

The Sun-Times reported in late November that McGann faced disciplinary action for violating internal rules that prohibit preliminary inspection reports from being shared with outsiders until they’re officially approved.

McGann said he gave the Oct. 24 report to de Diego principal Alice Vera so she could use the information to expedite repairs that had languished for weeks at the 116-year-old school at 1313 N. Claremont.

On Jan. 18, McGann was told he was being suspended for three days. McGann said he pulled out a tape recorder because, “I wanted a record of the event — who was saying what, who was issuing what.”

The inspector said he served his suspension even as he filed an appeal with the same officials who suspended him. Then, on Friday, he was hit with another suspension, this time for 15 days. Among other things, he was accused of “borderline insubordination” for taping the earlier meeting.

“They’re trying to get rid of me because I’m honest, and I’m exposing corruption,” McGann said. “They were totally disregarding the health and safety of students in that school, using plumbing contractors they want to put Band-Aids on it. Eighty days after the water main broke, I showed up and found E. coli bacteria in three different locations. There was still contaminated drinking water in that school. They had a full kitchen and swimming pool they couldn’t use.”

Building Department spokesman Bill McCaffrey said McGann “is not being punished for sending that report out,” nor is he being targeted for blowing the whistle on alleged wrongdoing.

Laura Washington Two jobs. And more B.S. from the Sun-Times.

That’s all it took to spur six black aldermen to convene a news conference last week, in praise of Mayor Rahm Emanuel.

OPINION

On Wednesday, the members of the Chicago City Council stepped up to the microphones to “thank” Emanuel for appointing African Americans to lead two major city agencies.

The aldermen — Michelle Harris (8th), Derrick Curtis (18th), Michael Scott (24th), Walter Burnett (27th), Carrie Austin (34th) — “are among Emanuel’s staunchest City Council supporters,” the Sun-Times’ Fran Spielman reported.

They praised the mayor for moving quickly to replace Water Department Commissioner Barrett Murphy, who resigned in the wake of allegations of racist, sexist and homophobic emails that circulated in the department.

Emanuel replaced Murphy with Randy Conner, an African-American, and appointed Samantha Fields to replace departing budget director Alexandra Holt.

“We’re here to say `thank you’ — to say that it’s a job well done, but it is not a job finished,” Scott was quoted as saying. “We want to continue moving African-Americans up the ranks through this city.”
Not just two jobs. Two big-shot jobs. These appointees are highly-paid, highly-employable bureaucrats in service of the mayor.

Speaking of jobs, Illinois now enjoys the dubious distinction of having the highest black unemployment rate in the nation, according to a new report from the Illinois Policy Institute.

In 2016, African Americans suffered a 12.7 percent jobless rate, compared with Latinos at 6.7 percent and 5 percent for white residents.

Only 51 percent of black adults in Illinois had some type of employment, shows the Institute’s analysis of data from the federal Bureau of Labor Statistics.

Most probably live in black Chicago, in the same West Side and South Side neighborhoods those aldermen serve.

I wonder if the aldermen asked their constituents how they felt about that study? And what do they think about the tsunami of troubles for black Chicago? African Americans are on the receiving end of seemingly chronic police misconduct and abuse cases, vividly personified by the heinous police shooting of Laquan McDonald.

Black Chicago suffers most from violent, murderous street crime, expressway shootings and carjackings. Our children are hostage to a public school system that is flirting with bankruptcy.

Yet, apparently, black Chicago has come such a long way that some aldermen are already endorsing Emanuel for reelection.

The man hasn’t even said he will seek a third term.

At the press conference, Austin said Emanuel should get credit where credit is due. “When he does something negative, nobody is short on printing that. But when he does something positive, everything is silent,” she was quoted as saying. “So we felt that we should be the ones to speak out when he has done something forward-thinking.”

Can’t we do better than two big-shot jobs?

How about enacting more effective policies and legislation that will address the vast needs of their neighborhoods? Now?

Instead of issuing meaningless endorsements, how about getting in the mayor’s face? How about pounding the podium, every day, in outrage at the poverty, violence and hopelessness so many of their constituents live with, every day? And demanding resources from Springfield and Washington?

How about remembering who you work for?

Sun-Times misses the point with Joe Ferguson Clown Prince of the Inspector General

Joe Ferguson, Chicago Inspector General first in line to steal credit. Ole Joe, tells everyone he separates the wheat from the chaff. When a Chicago City workers calls, or emails the O.I.G. you would expect an investigation. You would expect an interview to obtain a proper response to your concerns. I know for a fact when David Hoffman, the outstanding inspector general ran things, his staff was top notch and professional.
Not the case for phony Joe Ferguson, the psychic inspector general that know everything. Emails are not returned. Joe has not done a fucking thing about the corrupt promotion system still in place at the Department of Water Management. Joe covered up for Paul Hansen for over a decade.

But what we do know is the following, Joe Ferguson tips off the Sun-Times on a regular basis. Joe Ferguson tips off all departments when he faxes over inquires for information.
Joe Ferguson does not expose Chicago Commissioners that stall and refuse to discipline workers. When you ask for a FOIA from the Inspector General, they stall. Same treatment when you file complaints against corrupt FOIA officers covering up crime in Chicago. One thing we know for sure, Joe retaliated against whistleblowers and is a puppet of Rahm Emanuel. Most of the challenged I.G. complaints are dismissed in court as a farse. Most I.G. employees are part time pass through college grads waiting for a real job. But don’t worry, Joe will be the first in line to pose for pictures and take credit he does not deserve. P.S. Joe, remove that ugly mole from your nose.

Sun-Times Editorial Board
Just when you think Chicago municipal government is fully joining the modern world, somebody tugs open a closet door and out tumble the patronage hacks, the mopes who sleep on the job and the two-bit office bigots who really should shut up.

Feels like old times, you know?

That’s how we felt last week when we learned that goofs in the city’s Department of Water Management had been caught bouncing around emails that were racist, sexist and homophobic.

EDITORIAL

We can’t say we were surprised. The Department of Water Management has a long history of corruption and bigotry. But didn’t this stuff pretty much end when a federal court killed patronage politics? Once a judge handed down a series of rulings beginning in the late 1970s, known as the Shakman decrees, that banned hiring based on family or political loyalty, Uncle Al in Streets and San could no longer hire Cousin Bob or protect him when he screwed up.

Or so we thought.

We asked Don Rose, the veteran political consultant.

“Somehow, a few old-style patronage havens continue to exist,” he said with a shrug. “We’ll have these little sewers around for a few years.”
Elected officials, Rose said, are loath to give up “what few patronage privileges remain.”

In the meantime, all we can do is hold people to account when the sewage bubbles up.

On that score, Mayor Rahm Emanuel had no choice but to fire Barrett Murphy, the head of the Department of Water Management. Murphy may be more new school than old school, or so we’re told, but he was aware of the offensive emails and apparently did nothing about them.

The very way the emails were discovered by City Inspector General Joe Ferguson tells you something about the department’s continued hinky ways. Ferguson was investigating allegations that an employee was using his city email account to sell guns. Who uses the company email to sell guns?

And the employee in question was Paul Hansen, a son of former longtime Ald. Bernie Hansen.

Paul Hansen, as reporter Fran Spielman notes, has the kind of checkered past that once was common among a certain substrata of clout-protected city workers. Among the classic knocks against him — this really is old-school Chicago — is that he allegedly used political clout in 2010 to get his job back after a DUI conviction. Given that part of Hansen’s job was to drive around town to check on work sites, you might wonder about that.

But, then, this is the same Department of Water Management run 14 years ago by a deputy commissioner, Donald Tomczak, who went to prison for utterly ignoring all that Shakman stuff and doling out jobs, promotions and overtime to an army of political workers. It’s the same department at the center of the Sun-Times’ 2004 “Hired Trucks” investigation, in which we learned the city was hiring private truck companies with excellent political connections to do little or no work.

When Emanuel fired Barrett last week, he acknowledged that the Department of Water Management still has its issues. He said there should be a “reset button hit as it related to the culture.”

The good news is that the Department of Water Management, by anybody’s honest reckoning, is no longer the norm among city departments. It is more of a cultural zombie, popping back to life just when you thought it might be dead. Federal court orders, federal prosecutions and political evolutions, such as how local elections are funded and fought, have led to dramatic reforms.

Key to that progress has been the creation of an office of inspector general by many units of local governments, including Ferguson’s office for City Hall.

Even as the old ways die out, the best inspectors general remain on zombie patrol.

ABC 7 News Chicago Sources: Racist emails in department lead to firing of Chicago water commissioner

William Bresnahan Final Chicago Water Dept.jpg
CHICAGO (WLS) — Chicago Water Management Commissioner Barrett Murphy was fired Friday, due to a series of racist emails sent within his department according to sources.

First Deputy Transportation Commissioner Randy Conner will replaced Murphy in the role.

Sources close to the situation in the Water Department told ABC7 Eyewitness News that as head of the department, Murphy was held responsible for a series of racist emails sent within the department. Murphy was fired because he failed to discipline those involved.

“We were made aware of an IG investigation into the culture at the water department. The mayor acted quickly and decisively, asking for the commissioner’s resignation and appointing a new commissioner to lead the department forward and change the department’s culture,” mayoral spokesman Adam Collins.

Two high-level employees within the Water Department officially resigned Friday.