Lawyer will file new discrimination claim
An attorney for an Omaha woman suing the state of Nebraska for allegedly discriminating against black employees said Tuesday he will amend the lawsuit in the wake of a judge’s unfavorable order last week.
Vince Powers of Lincoln said he would file an amended lawsuit to address the judge’s determination that the individual defendants had sovereign immunity against the allegations.
Lancaster County District Judge Paul Merritt Jr. said in the order he agreed with the state that the defendants had not waived their sovereign immunity. The judge, in dismissing the lawsuit Thursday, gave the plaintiff 20 days to file an amended complaint.
Powers said the new complaint would argue that officials knew, or should have known, the policy was discriminatory.
“You don’t get immunity if you knew, or should have known,” he said.
Powers and Kathleen Neary, an attorney in his firm, are representing Sandra Cartwright, a state worker who says officials are discriminating against black employees by offering them an inferior health insurance plan.
According to the lawsuit, beginning in January 2007, government employees who live in ZIP codes beginning 680, 681 or 685 were offered one coverage exclusively through Mutual of Omaha.
The ZIP codes include Lincoln and Omaha but also include some 96 percent of all black state employees, according to the lawsuit.
Cartwright, who is black, said in the lawsuit that the policy was discriminatory because employees outside the three ZIP codes were offered superior coverage through Blue Cross and Blue Shield.
According to the suit, Cart-wright could purchase Blue Cross and Blue Shield — but at a “significantly higher” premium.
Mike McCrory, director of the state personnel division, told the Journal Star in 2006 that the state began to consider offering health insurance plans by ZIP codes as a way to save money.
Cartwright is not claiming officials intended to discriminate against black employees. But courts have held that policies can be illegal, regardless of intent, if the outcome is discriminatory.
Reach Clarence Mabin at 473-7234 or cmabin@journalstar.com.
Vince Powers of Lincoln said he would file an amended lawsuit to address the judge’s determination that the individual defendants had sovereign immunity against the allegations.
Lancaster County District Judge Paul Merritt Jr. said in the order he agreed with the state that the defendants had not waived their sovereign immunity. The judge, in dismissing the lawsuit Thursday, gave the plaintiff 20 days to file an amended complaint.
Powers said the new complaint would argue that officials knew, or should have known, the policy was discriminatory.
“You don’t get immunity if you knew, or should have known,” he said.
Powers and Kathleen Neary, an attorney in his firm, are representing Sandra Cartwright, a state worker who says officials are discriminating against black employees by offering them an inferior health insurance plan.
According to the lawsuit, beginning in January 2007, government employees who live in ZIP codes beginning 680, 681 or 685 were offered one coverage exclusively through Mutual of Omaha.
The ZIP codes include Lincoln and Omaha but also include some 96 percent of all black state employees, according to the lawsuit.
Cartwright, who is black, said in the lawsuit that the policy was discriminatory because employees outside the three ZIP codes were offered superior coverage through Blue Cross and Blue Shield.
According to the suit, Cart-wright could purchase Blue Cross and Blue Shield — but at a “significantly higher” premium.
Mike McCrory, director of the state personnel division, told the Journal Star in 2006 that the state began to consider offering health insurance plans by ZIP codes as a way to save money.
Cartwright is not claiming officials intended to discriminate against black employees. But courts have held that policies can be illegal, regardless of intent, if the outcome is discriminatory.
Reach Clarence Mabin at 473-7234 or cmabin@journalstar.com.
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