Workers try again in bias suit against Lilly-WEB ONLY

Current and former workers at Eli Lilly and Co. have narrowed the scope of their racial discrimination lawsuit against the Indianapolis-based drug company.

Lawyers for the workers asked a judge in U.S. District Court in Indianapolis today to accept a third amended complaint that charges Lilly with discrimination in pay and promotions against African-American employees.

The workers, who have been joined in the case by the NAACP, want to make the lawsuit a class action, saying that more than 1,000 current, former and future Lilly employees have been harmed by the company’s discrimination.

The judge, Richard Young, partially dismissed the workers’ second amended complaint in March. That complaint named 136 current and former Lilly workers as plaintiffs. Young ruled that the lawsuit did not adequately state claims against Lilly and that some of the workers named had not exhausted other avenues for relief.

Lawyers for the nine plaintiffs still assert that 100 African-Americans currently or formerly employed by Lilly have had their pay depressed and been passed over for promotions.

The lawyers dropped the workers’ claims of a hostile work environment and retaliation against black workers at Lilly. Also, they no longer are seeking compensatory or punitive damages, possibly decreasing the damages Lilly would pay if Young ruled against the company.

Instead, they want Lilly to restore them to the jobs and wage rates they would have had if not for the discrimination they claim they experienced.

Attorneys for Lilly have repeatedly argued against class-action status for the lawsuit and have asked Judge Young to dismiss the workers’ claims.

The company issued the following response in a prepared statement: “Respect and fair treatment of people are cornerstones of Lilly’s corporate culture. We do not tolerate discrimination, which would be behavior contrary to our code of ethics. Lilly takes any allegations of unfair treatment very seriously. We have investigated the allegations in the previously filed complaints and believe this lawsuit is without merit.”

“Lilly has asked the Court to deny class certification and is prepared to vigorously defend itself in this case. Lilly remains committed to providing equal opportunity to all employees, as well as a diverse and safe work environment. Lilly is proud of its integrated diversity strategy and the recognition we have received for fostering a diverse work place. We strive for continuous improvement in all that we do – especially in how we support our employees.”