Her husband, Jeffrey Jones, who also worked at the office, claimed he was fired in retaliation for supporting Diana Jones.
The county declined to comment on the settlement, saying the terms of the agreement are confidential. An attorney for the Jones’ did not return requests for comment.
In July 2013, Diana and Jeff Jones, who live in Miamisburg, filed a lawsuit in the Montgomery County Court of Common Pleas accusing Litvin and his office of discriminatory practices and unfair retaliation.
The legal battle between Diana Jones and the engineer’s office dates back at least to 2010.
Litvin, who was first chosen to lead the office in 1995, retired in 2011 at the age of 76.
Diana Jones was hired as a survey review technician I, and later became a tech level II.
She claimed she was initially tested for a tech level III position and had the best scores of the applicants, court documents show.
Diana Jones said she complained to Litvin that less-qualified men were hired for tech III positions. She also filed a complaint with the Ohio Civil Rights Commission.
After that, Diana Jones claims she was harassed and disciplined unfairly, the lawsuit states. Jeff Jones said he was retaliated against after recommending to Litvin that he promote his significant other.
Diana Jones claimed Litvin forced her to increase her production level and denied her overtime when she struggled to keep up with the workload, court documents state.
She claimed women workers were treated less favorably than male employees, and Litvin created a hostile working environment.
Her civil rights complaint was mediated and resulted in a conciliation agreement in February 2007. Jones said the Ohio Civil Rights Commission found probable cause to believe Litvin and his office engaged in discriminatory practice, and the office did not comply with the terms of the agreement, her civil suit states.
Her lawsuit contends the engineer’s office was aware of discrimination and harassment occurring in the department but failed to remedy the problem. She said she was unjustly terminated.
In court documents, Litvin denied the allegations and claimed the disciplinary actions and termination of the plaintiffs were for legitimate business reasons.
Under the terms of the agreement, the Jones will not be eligible to work for the county or any of its departments.
The county will pay Diana Jones three checks worth $200,000 and one in the amount of $150,000.
University of Dayton law professor Jeannette Cox, who was not involved with the case, said the settlement amount is sizable, especially considering the caps put on damages related from tort reform.
Nationally, employment discrimination cases often settle for about $150,000, she said.
The civil rights commission tends to take action when they believe the complaint has merit, and the large settlement could be tied to the accusations of breaching the terms of the conciliation agreement, Cox said.
“Montgomery County must have thought there was a risk of a pretty punitive damage award,” she said.
In August, this newspaper reported the county had spent more than $1 million since 2009 settling claims related to auto crashes, employment disputes, excessive force complaints, sewer backups, water main breaks and other events. Some of the claims resulted in litigation.
During that time, the largest settlement was for $250,000 for damage to a commercial property allegedly caused by a sewer leak.
About the Author
