Valpo officials address protesters about discrimination suit

City of Valparaiso attorney Patrick Lyp publicly addressed this month’s lawsuit by the city’s human resources director against the mayor and the city’s former administrator after protesters took to the street outside City Hall and attended the meeting seeking answers.

Kathy Lynn Gralik filed the lawsuit in U.S. District Court in Hammond Aug. 15 and, in addition to Mayor Matt Murphy and former city administrator Mike Jessen, also named the consulting firm Organizational Development Solutions, Inc., and its president, Desila Rosetti.

She says she was discriminated against in pay and working conditions because of her gender and her salary that is thousands of dollars less than her male counterparts in the same job classification.

The firm, according to the lawsuit, was hired to conduct an audit of Gralik’s department, the results of which Gralik said were inaccurate.

“After nearly 23 years of service to a city and its employees that I love, I was targeted for doing my job well by assisting women with complaints against members of the Murphy Administration,” Gralik said in a release provided by her attorneys.

More than two dozen protesters attended Monday’s Valparaiso City Council meeting, including gathering outside Valparaiso City Hall prior to the meeting to display signs in support of fair wages and an end to gender discrimination.

“We are here to bring attention to how unfairly many workplaces are to women who are doing the same jobs for less pay,” said Emily Travis of Valparaiso, one of the protesters who joined the sign march.

“We want to be heard. This lawsuit is bringing light to a problem that has existed too long at many workplaces.”

During the community update portion of the meeting, Murphy asked Lyp to address concerns about the lawsuit.

“The city insurance coverage has accepted the claim associated with the lawsuit and will cover the costs,” Lyp said.

“The city employee who filed the lawsuit is still employed by the city. Every employer should fairly compensate all employees for the same job, with similar working conditions and requiring the same amount of skill, effort and responsibility,” Lyp said. “A claim of unequal pay does not mean an employee is guilty of discrimination.”

Lyp said the lawsuit’s comparison example of pay amounts for the city’s information technology director and the HR director is not a valid comparison based on the jobs and positions.

“I am very comfortable stating that the city has not engaged in the acts of discrimination alleged in the complaint and intends to vigorously defend itself,” Lyp said.

“It is unlikely this lawsuit will be resolved quickly. There are people of good will here in the council chambers this evening who have questions and concerns.”

Kathy DeWitt who organized the protest Monday said the issue of equal pay for women has continued to be “a battle fought since 1963 and before.”

“I organized our supporters tonight through my closed social media group which now has more than 3,000 members,” DeWitt said.

“Us being here tonight has nothing to do with the politics of the employee who filed the lawsuit. Look at our signs and it explains exactly why we are here. Equal pay for all employees.”

Lyp said he has advised all city officials to refrain from any further public comment and that any comment in the future or updates would be conveyed by news release.

Gralik’s grievances, according to her own earlier news release, include violations of her constitutional rights arising from gender discrimination, including pay discrimination; harassment; retaliation; and defamation.

Gralik has worked for the city since September 2000, according to the lawsuit, and has been human resources director for seven years. Though still employed by the city, she said she has been informed that her position will be eliminated by Dec. 31 if not sooner as part of a department restructuring suggested by ODS.

The city, on the firm’s recommendation, hired a chief human resources officer, a position Gralik applied for and did not receive, according to the lawsuit. In June, when the new CHRO was hired, “the City of Valpo and Murphy demoted Gralik from her department head position and removed her from the city’s leadership team.”

Philip Potempa is a freelance reporter for the Post-Tribune.