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A resolution authorizing the Metropolitan Department of Law to compromise and settle the claim of David Hill against the Metropolitan Government of Nashville and Davidson County in the amount of $100,000, of which $47,786.00 will be paid from the Judgments and Losses fund and $52,214.00 will be paid by the Department of Water and Sewerage Services.
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WHEREAS, David Hill filed a charge with the United States Equal Employment Opportunity Commission (Charge No. 494-2023-03868) against the Metropolitan Government of Nashville and Davidson County (“Metropolitan Government”) alleging discrimination and retaliation; and,
WHEREAS, after investigation, the Metropolitan Department of Law believes that the settlement listed in Section 1 is fair and reasonable and in the best interest of the Metropolitan Government and recommends that any and all claims or causes of action brought or that could have been brought by David Hill related to the events detailed above be compromised and settled for $100,000, of which $47,786.00 will be paid from the Judgments and Losses fund and $52,214.00 will be paid by the Department of Water and Sewerage Services.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY:
Section 1: The Metropolitan Department of Law is authorized to compromise and settle the claim of David Hill for the sum of $100,000, of which $47,786.00 will be paid from the Judgments and Losses fund and $52,214.00 will be paid by the Department of Water and Sewerage Services.
Section 2: The Director of Law is authorized to execute all necessary documents to effectuate the settlement.
Section 3: This resolution shall take effect from and after its adoption, the welfare of the Metropolitan Government of Nashville and Davidson County requiring it.
Agenda Analysis
Analysis
In August 2022, David Hill was hired as an Equipment Operator Senior in the Waste Division of Metro Water Services (“Waste Services”) operating a waste collection truck. Within two weeks, Mr. Hill was promoted to work out of class as a Sanitation Supervisor, despite working as a probationary employee without meeting the qualifications for the job.
On October 18, 2022, Mr. Hill attended his first supervisor meeting. He raised several concerns about workplace issues, including damaged equipment, needed repairs, and grievances about other supervisors’ communication, behavior, and treatment of employees. Mr. Hill further criticized a recommendation made at the meeting to scale back overtime pay within the division. Other supervisors found his tone to be aggressive. At the time, Waste Services employees received considerable amounts of overtime, and because Mr. Hill was working out-of-class, he received significantly more than his base pay.
Mr. Hill alleges he was told that he would no longer work out of class as a supervisor. He later alleged that he was removed from his position in retaliation for his comments during the October 18, 2022, meeting. Mr. Hill also alleges that he was told that he would never work overtime again if he filed a complaint with the Equal Opportunity Employment Commission. Waste Services staff deny this claim and contend that Mr. Hill was behaving in an aggressive manor because of the prospect of his paychecks being significantly reduced if overtime work was scaled back.
Metro Water HR reassigned Mr. Hill within Metro Water Services to a role where he worked reduced overtime hours. Shortly after the reassignment, Mr. Hill resigned from Metro Water Services and filed a charge with the EEOC claiming racial discrimination and retaliation. Metro Water Services denies that Mr. Hill was the subject of discrimination or retaliation. The department alleges that Mr. Hill was removed because of his aggressive behavior.
The EEOC visited Waste Services, interviewed several employees. If the EEOC issues finding of retaliation against the Metropolitan Government, it can be used as evidence during trial. If Mr. Hill is successful at trial, the Metropolitan Government could be liable for backpay beginning from the date he was transferred to a different position.
The parties have participated in settlement negotiations and have agreed upon the settlement amount of $100,000, subject to approval from the Metropolitan Council. The settlement would include training for the involved Waste Services staff as coordinated by the Department of Law. If the matter is settled, the EEOC will close its investigation without making a retaliation finding.
The Department of Law recommends the settlement of Mr. Hill’s claim for $100,000.
Fiscal Note: This settlement would be paid from the Judgment and Losses Fund in the amount of $47,786 and $52,214 from the Department of Water and Sewerage Services operating budget. This settlement along with Resolution Nos. RS2025-1110 and RS2025-1115 would be the 6th, 7th, and 8th payments, after approval by Metropolitan Council, from the Judgment and Losses Fund in FY25 for a cumulative total of $1,925,427. The fund balance would be $16,480,454 after these payments.