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to bid, and in that [Dobbs] stated that certain positions
are not available to females.
On June 23, 1994, while petitioner was in the on-call
position, Dobbs asked her to report to work. At that assignment,
petitioner slipped on grease, dislocating her shoulder and
injuring her lower back. Petitioner filed a workmen’s
compensation claim against Dobbs as a result of her injuries. In
August of 1995, Dobbs agreed to pay petitioner $5,820.96 in
settlement of that claim.
Subsequently while petitioner was on-call, Dobbs attempted
to notify petitioner that work was available. After failing to
reach her by telephone, Dobbs terminated petitioner. Petitioner
filed a second complaint with the EEOC on March 14, 1995. The
complaint stated in part:
III. I believe that I have been discriminated against
because of my sex, female in violation of Title VII of the
Civil Rights Act of 1964, as amended, and retaliated against
in violation of 704(a) of the Act, in that I had filed a
previous charge of discrimination and am treated different
than male employees. Male employees have been placed on the
on-call list and on lay off and were not terminated while on
this list due to lack of contact.
On October 7, 1998, Dobbs and petitioner entered into a
settlement agreement. The settlement agreement stated in part:
An investigation having been made under Title VII of the
Civil Rights Act of 1964, as amended (Title VII), by the
U.S. Equal Employment Opportunity Commission (EEOC) and
reasonable cause having been found, the parties do resolve
and conciliate this matter as follows:
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