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Chicago Tribune
Chicago Tribune
National
Bill Lukitsch

Settlement of bias suit against candidate for Illinois governor was settled for nearly $500,000

CHICAGO _ As he campaigns for the Democratic nomination for Illinois governor, school administrator Bob Daiber is calling for the state to pass an equal rights amendment, saying it's time to guarantee equality for men and women.

"I am proud of the fact that my staff that works for me is 80 percent female, and I have great relationships," Daiber said at a Chicago forum in October. "Because I build my office on one word: respect. And I think that's what all women want, and that's what I am all about."

But records show that Madison County paid nearly $500,000 to settle a 2010 lawsuit after a federal jury found that Daiber retaliated against a woman by laying her off after she complained she wasn't being paid as much as a male colleague.

Daiber described the case as an "unfortunate situation," but denied retaliating against the employee. Daiber said he tried to work with her to find a resolution, and that he has built a reputation as a fair employer who has worked to help women achieve leadership roles in education and government.

"People that know my character, (they) know that's not my character," Daiber, the Madison County Regional Office of Education superintendent, said in an interview last week. "I treat women as 100 percent equals."

As the only Democratic candidate for governor from outside the Chicago area, Daiber frequently says his government experience is something nearly all of his rivals lack. Daiber has raised just $104,000 for his campaign, a tiny fraction compared with what's been spent by billionaire J.B. Pritzker, Kenilworth millionaire Chris Kennedy and Evanston state Sen. Daniel Biss.

Daiber worked as a teacher for more than 25 years, and served on a village board, s county board and as a township supervisor.

The woman who brought the lawsuit, Mary Parker, was hired by the regional office of education in 1997, about a decade before Daiber took over. In 2001, Parker became a youth advocate, a position funded by a state grant to prevent truancy. In 2007, Parker's attorney told jurors, she learned that a male co-worker with the same job title and responsibilities made more money after he left a pay stub on the desk they shared, according to court records.

She approached Daiber, who was new on the job, a few times between 2007 and 2009 to discuss the difference in pay, according to the suit. Daiber offered several remedies, including a $4,000 raise and the option of extending her position from 10 months a year to 12 months a year to earn a higher salary, the suit says. Parker rejected those offers, saying they were not fair.

Parker testified about a November 2008 discussion in Daiber's office during which he rose from his desk, pointed at her and delivered a warning.

"The meeting ended with Dr. Daiber pointing his finger at me and telling me that he could fire me, lay me off, reduce my hours, make me part-time. He said that he could reprimand me, and he advised me not to say a word to anybody about the meeting, to any of my co-workers, or that he would fire me immediately," she said, according to court transcripts.

Parker also testified that trying to get the pay disparity addressed was "very frustrating" and she "was fearful of being retaliated against."

"I liked my job. I liked what I was doing with the kids," she said in court. "I always _ I don't know, just (in) the back of my head I had to worry after the November meeting if something was going to happen to me."

After the meeting, Parker filed a claim with the Equal Employment Opportunity Commission, the federal agency that investigates allegations of civil rights violations in the workplace. The office dismissed the claims, but notified Parker of her right to pursue legal action.

In spring 2009, Parker and her male co-worker received layoff notices from Daiber that said there wasn't enough money to pay their salaries, according to the suit. Parker's co-worker eventually was called back to work, but she was not, the suit states.

Parker told the jury that in 2008, she was paid $30,742, while her male colleague received $43,035. Daiber's attorney said the male employee's higher salary was based on education, experience, and a contract negotiated with the local teachers union.

The defense also argued Parker was one of several employees to be laid off as Daiber attempted to balance the district budget as the state cut finding. In court, Daiber denied that he threatened Parker's job over the salary issue, saying he warned her that she could be reprimanded for being "insubordinate to me."

"I asked her to stop it. Had nothing to do with her pay. Had to do about her talking about me to my other employees and being disruptive in my office," Daiber said, according to transcripts.

"I have the right to fire anybody that works for me, not just Ms. Parker," Daiber testified. "I have the right to dismiss my assistant superintendent, my office manager, anybody in my chain of command that's insubordinate to me."

Last week, Daiber said he thought he was "very good" to Parker and diligently tried to fulfill her request. He said she was laid off because of to budget cuts, and that he never had any "personal vendettas against her."

"It had nothing to do with personalities, it had nothing to do with work performance, it was simply finance," Daiber said. "It was simply finance. That's why ... other people had lost positions, and I'm glad they didn't all sue me."

The jury sided with the woman's claim that Daiber retaliated against her because her position was eliminated after she complained, though it rejected her claims of wage-based discrimination and violations of equal pay laws. The jury awarded her $100,000, which a judge increased to more than $430,000 to cover lost pay, interest and damages.

County attorneys initially appealed the verdict, but later settled for $487,500. The Madison County Board voted to approve the payment, saying it was "in the best interest of the county."

Asked whether he was reprimanded after the jury's civil award, Daiber said: "For what? I wasn't guilty. I wasn't guilty. I mean, I'm an elected official. In the next election, I was the leading vote-getter in the county, OK? And I was the leading vote-getter in the next election too."

"The disciplinary action is: you vote him out of office," Daiber said.

The settlement passed the board 23-4. Lisa Ciampoli, one of four Republicans who voted no, said she thought the amount was "exorbitant" and questioned whether a better deal could have been reached.

"This is all taxpayer money," Ciampoli said. "Everything that we have comes from the backs of our citizens. We have to be mindful of that."

Daiber said he did not want to settle, but officials feared continuing a legal battle would cost much more. Democratic board member Jack Minner agreed with that risk assessment.

"This was just an unfortunate situation, and it's just one of those things that happens," he said. "You never know what juries are going to do."

Minner said he has "no qualms at all" about Daiber's decisions concerning Parker.

Michael Holliday, another Democrat who voted for the settlement, said Daiber "would do a great job as governor" and that he is "well-equipped to run the state."

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(Monique Garcia contributed to this report.)

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