UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NEW YORK
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff,
-against
SPS TEMPORARIES, INC.; PROFESSIONAL PERSONNEL MANAGEMENT CORPORATION; JAMESTOWN CONTAINER COMPANIES; and WHITING DOOR MANUFACTURING CORP.
Defendants.

COMPLAINT AND JURY TRIAL DEMAND
04 C¥

NATURE OF THE ACTION This is an action under Title VII of the Civil Rights Act of 1964, Title I of the Civil Rights Act of 199 l, the Americans with Disabilities Act and the Age Discrimination in Employment Act to correct unlawful discrimination on the basis of race, sex, national origin, disability and age and to make whole James Sciandra, Michelle Alberts, Tammi Iser and the class of individuals who applied for temporary employment with Defendants SPS Temporaries, Inc./Professional Persormel Management Corp. ("SPS/PPMC") and who were affected by Defendants’ discriminatory practices. Defendants SPS/PPMC failed to refer individuals for temporary employment based on their race, sex, national origin, disability, pregnancy and age. SPS/PPMC complied with discriminatory requests for temporary employees based on race and sex made by its clients, including Defendants Jamestown Container Companies ("Jamestown") and Whiting Door

Manufacturing Corp. ("Whiting Door"). SPS/PPMC required all applicants for temporary employment to complete a pre-
employment medical questionnaire that elicited information regarding potential disabilities. SPS/PPMC denied employment to James Sciandra because they regarded him as disabled due to the information he provided on the SPS/PPMC pre-employment medical questionnaire. SPS/PPMC discriminated against a class of qualified individuals with disabilities by falling to refer them for temporary employment for reasons including, but not limited to, their answers on the pre-employment medical questionnaire.
SPS/PPMC terminated permanent employee Tammi Iser due to her pregnancy. SPS/PPMC retaliated against permanent employee Michelle Alberts by taking adverse action against her, and ultimately terminating her, after she questioned SPS/PPMC’s discriminatory practices. Finally, SPS/PPMC destroyed and altered documentary evidence during EEOC’s investigation into the above described charges. Yhese allegations are described in greater detail below.
JURISDICTION AND VENUE 1. Jurisdiction of this Court is invoked pursuant to 28 U.S.C.§§ 451, 1331, i337, 1343 and 1345. This action is authorized and instituted pursuant to Sections 706(f)(1) and (3) of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. §2000e et seq. ("Title VII"); Title I, Section 102 of the Civil Rights Act of 1991, 42 U.S.C. §1981A; Section 107(a) of the Americans with Disabilities Act of 1990, 42 U.S.C. §12117(a) ("ADA"); and Section 7(0) of the Age Discrimination in Employment Act of 1967, as amended, 29 U.S.C. § 626(0) (the "ADEA"),
2

which incorporates by reference of the Fair Labor Standards Act of 1938 (the "FLSA"), as amended, 29 U.S.C. §§216(c) and 217.
2. The unlawful employment practices alleged below were and are now being committed within the jurisdiction of the United States District Court for the Western District of New York.
PARTIES 3. Plaintiff,. Equal Employment Opportunity Commission ("the Commission"), is an agency of the United States of America charged with the administration, interpretation, and enforcement of Title VII, Title I of the ADA, and the ADEA, and is expressly authorized to bring this section by Section 706(0(1), 42 U.S.C. §2000e-5(f)(1), 42 U.S.C. {}12117(a), which incorporates by reference 42 U.S.C. §2000e-5(f)(1), and 29 U.S.C. §626(b), as amended by Section 2 of the Reorganization Plan No. 1 of 1978, 92 Slit. 3781, and by Public Law 98-532 (1984), 98 Slit. 2705. 4. At all relevant times, Defendant SPS Temporaries, Inc. has continuously been a Corporation under the laws of New York, is now doing business in New York and has continuously had at least twenty employees. 5. At all relevant times, Defendant Professional Personnel Management Corp. has continuously been a Corporation under the laws of New York, is now doing business in New York and has continuously had at least twenty employees. 6. At all relevant times, Defendant Jamestown Container Companies has continuously been a Corporation under the laws of New York, is now doing business in New York and has

continuously had at least fifteen employees. 7. At all relevant times, Defendant Whiting Door Manufacturing Corp. has continuously
been a Corporation under the laws of New York, is now doing business in New York and has continuously had at least fifteen employees.
8. At all relevant times, Defendant SPS Temporaries, Inc. has continuously been an employer engaged in an industry affecting commerce within the meaning of Section 701 (b), (g), and (h) of Title VII, 42 U.S.C. §2000e-(b), (g), and (h), Section 101(5) of the ADA, 42 U.S.C.§ 12111(5), and Section 101(7) of the ADA, 42 U.S.C. § 12111(7), which incorporates by reference Sections 701(g) and (h) of Title VII, 42 U.S.C. §§ 2000e(g) and (h), and Sections 1 l(b), (g) and (h) of the ADEA, 29 U.S.C. §§ 630(b), (g) and (h).
9. At all relevant times, Defendant Professional Personnel Management Corp. has continuously been an employer engaged in an industry affecting commerce within the meaning of Section 701(b), (g), and (h) of Title VII, 42 U.S.C. §2000e-(b), (g), and (h), Section 101(5) of the ADA, 42 U.S.C.§ 12111(5), and Section 101(7) of the ADA, 42 U.S.C. § 12111(7), which incorporates by reference Sections 701(g) and (h) of Title VII, 42 U.S.C. §§ 2000e(g) and (h), and Sections 1 l(b), (g) and (h) of the ADEA, 29 U.S.C. §§ 630(b), (g) and (h).
10. At all relevant times, Defendant Jamestown Container Companies has continuously been an employer engaged in an industry affecting commerce within the meaning of Section 701(b), (g), and (h) of Title VII, 42 U.S.C. §2000e-(b), (g), and (h).
11. At all relevant times, Defendant Whiting Door Manufacturing Corp. has continuously been an employer engaged in an industry affecting commerce within the meaning of Section
4

701(b), (g), and (h) of Title VII, 42 U.S.C. §2000e-(b), (g), and (h). 12. At all relevant times, Defendants SPS Temporaries, Inc. and Professional Personnel
Management Corp. have procured employees for employers and have been an employment agency within the meaning of Section 701 (c) of Title VII, 42 U.S.C. § 2000e(c), Section 101 (7) of the ADA, 42 U.S.C. § 12111(7), which incorporates by reference Section 701(c) of Title VII, 42 U.S.C. § 2000e(c) and Section 1 l(c) of the ADEA, 29 U.S.C. § 630(c).
STATEMENT OF CLAIMS AGAINST SPS/PPMC UNDER TITLE VII 13. More than thirty days prior to the institution of this lawsuit, EEOC Commissioner Paul Miller issued a charge of discrimination against Defendants SPS/PPMC alleging violations of Title VII. Furthermore, more than thirty days prior to the institution of this lawsuit, Tammi Iser filed a charge of discrimination against SPS/PPMC alleging violations of Title VII. All other conditions precedent to the institution of this lawsuit have been fulfilled. 14. Since at least May 3, 2000, Defendants SPS/PPMC have engaged in a pattern or practice of unlawfut employment practices, including those outlined below, in violation of Title VII, 42 U.S.C. §2000e-2: a. Defendants SPS/PPMC have discriminated against individuals on the basis of
race, sex and national origin by falling to refer applicants for temporary, employment, and by complying with discriminatory requests for temporary employees based on race and sex made by their clients; b. Defendants SPS/PPMC discriminated against Tammi Iser on the basis of sex by

terminating her due to her pregnancy. 15. The effect of the practices complained of in ¶14 has been to deprive Tammi Iser and other individuals of equal employment opportunities and otherwise adversely affect their status as employees on the basis of race, sex and national origin 16. The unlawful employment practices complained of in ¶14 were and are intentional. 17. The unlawful employment practices complained of in ¶14 were and are done with malice or with reckless indifference to the federally protected rights of Tammi Iser, racial minorities, women, and ethnic minorities.
STATEMENT OF CLAIMS AGAINST SPS/PPMC UNDER THE ADA 18. More than thirty days prior to the institution of this lawsuit, James Sciandra and Michelle Alberts filed charges of discrimination against SPS/PPMC alIeging violations of Title I of the ADA. All other conditions precedent to the institution of this lawsuit have been fulfilled. 19. Since at least May 3, 2000, Defendants SPS/PPMC have engaged in a pattern or practice of unlawful employment practices, including those outlined below, in violation of Title I of the ADA, 42 U.S.C. § 12112(a), (b)(1)(2)(3)(5) and (b)(6): a. Defendants SPS/PPMC required applicants for temporary employment to
complete a pre-employment medical questionnaire designed to elicit information about medical problems and potential disabilities; b. Defendants SPS/PPMC denied employment to a class of qualified individuals with disabilities, as defined under the ADA, by faiIing to refer them for temporary
6

employment for reasons including, but not limited to, their responses to SPS/PPMC’s pre-employment medical questionnaire; c. Defendants SPS/PPMC discriminated against James Sciandra by regarding him as disabled and failing to hire him on that basis; d. Defendants SPS/PPMC retaliated against Michelle AIberts by taking adverse action against her and terminating her after she questioned SPS/PPMC’s discriminatory practices under the ADA. 20. The effect of the practices complained of in ¶19 has been to deprive James Sciandra, Michelle Alberts and other individuals of equal employment opportunities and otherwise adversely affect their status as employees on the basis of their disabilities and, regarding Ms. Alberts, her opposition to SPS/PPMC’s discriminatory practices. 21. The unlawful employment practices complained of in ¶19 were and are intentional. 22. The unlawful employment practices complained of in ¶19 were and are done with malice or with reckless indifference to the federally protected rights of James Sciandra, Michelle Alberts and other similarly situated individuals protected trader the ADA.
STATEMENT OF CLAIMS AGAINST SPS/PPMC UNDER THE ADEA 23. More than thirty days prior to the institution of this lawsuit, the EEOC issued a directed charge against SPS/PPMC alleging violations of the ADEA. 24. Prior to institution of this lawsuit, the Commission’s representatives attempted to eliminate the unlawful employment practices alleged below and to effect voluntary compliance
7

with the ADEA through informal methods of conciliation, conference and persuasion within the meaning of Section 7(b) of the ADEA, 29 U.S.C. § 626(b).
25. Since at least May 3, 2000, Defendants SPS/PPMC have engaged in a pattern or practice of unlawful employmentpractices in violation of the ADEA, 29 U.S.C. §623 by failing to refer applicants over the age of 40 for temporary employment.
26. The effect of the practices complained of in ¶25 has been to deprive individuals of equal employment opportunities and otherwise adversely affect their status as employees on the basis of age.
27. The unlawful employment practices complained of in ¶25 were willful within the meaning of Section 7(b) of the ADEA, 29 U.S.C. § 626(b).
RECORD VIOLATIONS BY SPS/PPMC UNDER TITLE VII, ADA AND ADEA 28. Since at least May 3, 2000, Defendants SPS/PPMC have violated Section 709 of
Title VII, 42 U.S.C. §2000e-8, Section 7(a) &the ADEA, 29 U.S.C. §626(a), and Section 107(a) of the ADA, 42 U.S.C. § 12117(a), which incorporates by reference Section 709(c) of Title VII, 42 U.S.C. § 2000e-8(c), by failing to make and preserve records relevant to the determination of whether unlawful employment practices have been or are being committed.
29. Since at least May 3, 2000, Defendants SPS/PPMC violated Section 709 of Title VII, 42 U.S.C. §2000e-8, Section 7(a) of the ADEA, 29 U.S.C. §626(a), Section 107(a) of the ADA, 42 U.S.C. § 12117(a), which incorporates by reference Section 709(c) of Title VII, 42 U.S.C. § 2000e-8(c), and the Uniform Guidelines on Employment Selection Procedures, 29 C.F.R.

§ 1607, by unlawfully coding and referring applicants based on race, sex and national origin.
STATEMENT OF CLAIMS AGAINST JAMESTOWN UNDER TITLE VII 30. More than thirty days prior to the institution oft his lawsuit, EEOC Commissioner Paul Miller issued a charge of discrimination against Defendant Jamestown alleging violations of Title VII. All other conditions precedent to the institution oft his lawsuit have been fulfilled. 3 I. Since at least May 14, 2001, Defendant Jamestown Container Companies has engaged in a pattern or practice of unlawful employment practices, including those outlined below, in violation of Title VII, 42 U.S.C. §2000e-2, by failing to hire Black and female temporary employees from SPS/PPMC and making requests to SPS/PPMC for White, male temporary employees. 32. The effect of the practices complained of in ¶31 has been to deprive individuals of equal employment opportunities and otherwise adversely affect their status as employees on the basis of race and sex. 33. The unlawful employment practices complained of in ¶31 were and are intentional. 34. The unlawful employment practices complained of in ¶31 were and are done with malice or with reckless indifference to the federally protected rights of racial minorities and women.
STATEMENT OF CLAIMS AGAINST WHITING DOOR UNDER TITLE VII 35. More than thirty days prior to the institution of this lawsuit, EEOC Commissioner

Paul Miller issued a charge of discrimination against Defendant Whiting Door alleging violations of Title VII. All other conditions precedent to the institution of this lawsuit have been fulfilled.
36. Since at least May 14, 2001, Defendant Whiting Door Manufacturing Corp. has engaged in a pattern or practice of unlawful employment practices in violation of Title VII, 42 U.S.C. §2000e-2, by failing to hire female temporary employees from SPS/PPMC and making requests to SPS/PPMC for male employees.
37. The effect of the practices complained of in ¶36 has been to deprive individuals of equal employment opportunities and otherwise adversely affect their status as employees on the basis of sex.
38. The unlawful employment practices complained of in ¶36 were and are intentional. 39. The unlawful employment practices complained of in ¶36 were and are done with malice or with reckless indifference to the federally protected rights of women.
PRAYER FOR RELIEF WHEREFORE, the Commission respectfully requests that this Court: A. Grant a permanent injunction enjoining SPS/PPMC, their officers, successors, assigns and all persons in active concert or participation with them, from engaging in any employment practice which discriminates on the basis of race, sex, age, national origin and/or disability. B. Order SPS/PPMC to instate, reinstate, or otherwise make .whole any individual denied employment opportunities based on race, sex, age, national origin and/or disability. C. Order SPS/PPMC to institute and carry out policies, practices and programs which provide equal employment opportunities for racial minorities, women, employees age forty and
10

older, ethnic minorities and disabled individuals in all positions, and which eradicate the effects of its past and present unlawful employment practices.
D. Order SPS/PPMC to make whole all persons who have been unlawfully denied employment or a job assignment because of race, sex, national origin and/or disability by providing compensation for past and future pecuniary losses resulting from the unlawful employment practices described above, including appropriate back pay with prejudgment interest and job search expenses, in amounts to be determined at trial.
E. Order SPS/PPMC to make whole all persons who have been unlawfully denied employment or a job assigtmlent based on race, sex, national origin and/or disability by providing compensation for past and future nonpecuniary losses resulting from the unlawful employment practiced described above, including but not limited to emotional pain, suffering and inconvenience in amounts to be determined at trial.
F. Grant a judgment requiring Defendants SPS/PPMC to pay appropriate back wages in an amount to be determined at trial, an equal sum as liquidated damages, and prejudgment interest to individuals whose wages are being unlawfully withheld as a result of the acts complained above, including, but not limited to, individuals aged 40 and older that were not referred for employment by Defendants SPS/PPMC based on their age.
G. Order SPS/PPMC to make and preserve aII records, in accordance with the provisions of Section 709 of Title VII, 42 U.S.C. §2000e-8, section 7(a) of the ADEA, 29 IJ.S.C. §626(a), Section 107(a) of the ADA, 42 U.S.C. § 12117(a), which incorporates by reference Section 709(c) of Title VII, 42 U.S.C. § 2000e-8(c), and the Uniform Guidelines on Employment Selection Procedures, 29 C.F.R. § t 607, relevant to the determination of whether unlawful
11

employment practices have been or are being committed. H. Order SPS/PPMC to pay all persons who have been lawfuIiy denied employment or a
job assignment based on race, sex, age, national origin and/or disability punitive damages for its malicious and reckless conduct described above, in amounts to be determined at trial.
I. Grant a permanent injunction enjoining Jarnestown, their officers, successors, assigns and all persons in active concert or participation with them, from engaging in any employment practice which discriminates on the basis of race and sex.
J. Order Jamestown to instate, reinstate, or otherwise make whole any individual denied employment opportunities based on race and sex.
K. Order Jamestown to institute and carry out policies, practices and programs which provide equal employment opportunities for racial minorities and women in all positions, and which eradicate the effects of its past and present unlawful employment practices.
L. Order Jamestown to make whote all persons who have been unlawfully denied employment or a job assignment because of race and sex by providing compensation for PaSt and fhture pecuniary losses resulting from the unlawful employment practices described above, including appropriate back pay with prejudgment interest and job search expenses, in amounts to be determined at trial.
M. Order Jamestown to make whoIe all persons who have been unlawfully denied employment or a job assignment based on race and sex by providing compensation for past and future nonpecuniary losses resulting from the unlawful employment practiced described above, including but not limited to emotional pain, suffering and inconvenience in amounts to be determined at trial.
12

N. Order Jamestown to pay all persons who have been lawfully denied employment or a job assignment based on race and sex punitive damages for its malicious and reckless conduct described above, in amounts to be determined at trial.
O. Grant a permanent injunction enjoining Whiting Door, their officers, successors, assigns and all persons in active concert or participation with them, from engaging in any employment practice which discriminates on the basis of race and sex.
P. Order Whiting Door to instate,, reinstate, or otherwise make whole any individual denied employment opportunities based on race and sex.
Q. Order Whiting Door to institute and carry out policies, practices and programs which provide equal employment opportunities for racial minorities and women in all positions, and which eradicate the effects of its past and present unlawful employment practices.
R. Order Whiting Door to make whole all persons who have been unlawfully denied employment or a job assignment because of race and sex by providing compensation for past and future pecuniary losses resulting from the unlawful employment practices described above, including appropriate back pay with prejudgment interest and job search expenses, in amounts to be determined at trial.
S. Order Whiting Door to make whole all persons who have been unlawfully denied employment or a job assignment based on race and sex by providing compensation for past and future nonpecuniary losses resulting from the unlawful employment practiced described above, including but not limited to emotional pain, suffering and inconvenience in amounts to be determined at trial.
T. Order Whiting Door to pay all persons who have been lawfully denied employment or 13

a job assignment based on race and sex punitive damages for its malicious and reckless conduct described above, in amounts to be determined at trial.
Grant such further relief as the Court deems necessary and proper in the public interest.
V. Award the Commission its costs in this action. JURY TRIAL DEMANDED
The Commission requests a jury trial on all questions of fact raised by its complaint.
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Dated: January 27, 2004 New York, New York

Respectfully submitted,
Eric S. Dreiband General Counsel
James Lee Deputy General Counsel
Gwendolyn Reams Associate General Counsel
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
1801 "L" Street., N.W. Washington D.C. 20507

Lisa Sirkin Supervisory Trial Attorney
Robert D. Rose Trial Attorney
New York District Office 33 Whitehall Street, 54 Floor New York, NY 10004 (212) 336-3620
15

 </s> UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NEW YORK
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff,
-against
SPS TEMPORARIES, INC.; PROFESSIONAL PERSONNEL MANAGEMENT CORPORATION; JAMESTOWN CONTAINER LOCKPORT, INC, doing business as JAMESTOWN CONTAINER COMPANIES; JAMESTOWN CONTAINER CORP. doing business as JAMESTOWN CONTAINER COMPANIES; and WHITING DOOR MANUF~.CTURING CORP.
Defendants.

FIRST AMENDED COMPLAINT AND JURY TRIAL DEMAND
04-CV-0052E(SC)

NATURE OF THE ACTION This is an action under Title VII of the Civil Rights Act of 1964, Title I of the Civil Rights Act of 1991, the Americans with Disabilities Act and the Age Discrimination in Employment Act to correct unlawful discrimination on the basis of race, sex, national origin, disability and age and to make whole James Sciandra, Michelle Alberts, Tammi Iser and the class of individuals who applied for temporary employment with Defendants SPS Temporaries, Inc./Professional Personnel Management Corp. ("SPS/PPMC") and who were affected by ¯ Defendants’ discriminatory practices. Defendants SPS/PPMC failed to refer individuals for temporary employment based on their race, sex, national origin, disability, pregnancy and age. SPS/PPMC complied with

discriminatory requests for temporary employees based on race and sex made by its clients, including Defendants Jamestown Container Lockport, inc., doing business as Jamestown Container Companies ("Jamestown Lockport"), Jamestown Container Corp., doing business as Jamestown Container Companies ("Jamestown Buffalo") and Whiting Door Manufacturing Corp. ("Whiting Door").
SPS/PPMC required all applicants for temporary employment to complete a preemployment medical questionnaire that elicited information regarding potential disabilities. SPS/PPMC denied employment to James Sciandra because they regarded him as disabled due to the information he provided on the SPS/PPMC pre-employment medical questionnaire. SPS/PPMC discriminated against a class of qualified individuals with disabilitiesby failing to refer them for temporary employment for reasons including, but not limited to, their answers on the pre-employment medical questionnaire.
SPS/PPMC terminated permanent employee Tammi Iser due to her pregnancy. SPS/PPMC retaliated against permanent employee Michelle Alberts by taking adverse action against her, and ultimately terminating her, after she questioned SPS/PPMC’s discriminatory practices. Finally, SPS/PPMC destroyed and altered documentary evidence during EEOC’s investigation into the above described charges. These allegations are described in greater detail below.
JURISDICTION AND VENUE Jurisdiction of this Court is invoked pursuant to 28 U.S.C.§§ 451, 1331, 1337, t343 and 1345. This action is authorized and instituted pursuant to Sections 706(f)(1) and (3)of Title
2

VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. §2000e et seq. ("Title VII"); Title I, Section 102 of the Civil Rights Act of 1991, 42 U.S.C. § 1981 A; Section 107(a) of the Americans with Disabilities Act of 1990, 42 U.S.C. §12117(a) ("ADA"); and Section 7(b) of the Age Discrimination in Employment Act of 1967, as amended, 29 U.S.C. § 626(b) (the "ADEA"), which incorporates by reference of the Fair Labor Standards Act of 1938 (the "FLSA"), as amended, 29 U.S.C. §§216(c) and 2t7.
2. The unlawful employment practices alleged below were and are now being committed within the jurisdiction of the United States District Court for the Western District of New York.
PARTIES 3. Plaintiff, Equal Employment Opportunity Commission ("the Commission"), is an agency of the United States of America charged with the administration, interpretation, and enforcement of Title VII, Title I of the ADA, and the ADEA, and is expressly authorized to bring this section by Section 706(f)(1), 42 U.S.C. §2000e-5(f)(1), 42 U.S.C. §12117(a), which incorporates by reference 42 U.S.C. §2000e-5(f)(l ), and 29 U.S.C. §626(b), as amended by Section 2 of the Reorganization Plan No. 1 of 1978, 92 Stat. 3781, andby Public Law 98-532 (1984), 98 Star. 2705. 4. At all relevant times, Defendant SPS Temporaries, Inc. has continuously been a Corporation under the laws of New York, is now doing business in New York and has continuously had at least twenty employees. 5. At all relevant times, Defendant Professional Personnel Management Corp. has

continuously been a Corporation under the laws of New York, is now doing business in New York and has continuously had at least twenty employees.
6. At all relevant times, Defendant Jamestown Container Lockport Inc., doing business as Jamestown Container Companies, has continuously been a Corporation under the laws of New York, is now doing business in New York and has continuously had at least fifteen employees.
6a. At all relevant times, Defendant Jamestown Container Corp., doing business as Jamestown Container Companies, has continuously been a Corporation under the laws of New York, is now doing business in New York and has continuously had at least fifteen employees.
7. At all relevant times, Defendant Whiting Door Manufacturing Corp. has continuously been a Corporation under the laws of New York, is now doing business in New York and has continuously had at least fifteen employees.
8. At all relevant times, Defendant SPS Temporaries, Inc. has continuously been an employer engaged in an industry affecting commerce within the meaning of Section 701(b), (g), and (h) of Title VII, 42 U.S.C. 82000e-(b), (g), and (h), Section 101(5) of the ADA, 42 U.S.C.8 12111(5), and Section 101(7) of the ADA, 42 U.S.C. 8 12111(7), which incorporates by reference Sections 701 (g) and (h) of Title VII, 42 U.S.C. 88 2000e(g) and (h), and Sections 1 l(b), (g) and 0a) of the ADEA, 29 U.S.C. 88 630(b), (g) and (h).
9. At all relevant times, Defendant Professional Personnel Management Corp. has continuously been an employer engaged in an industry affecting commerce within the meaning of Section 701(b), (g), and (h)of Title VII, 42 U.S.C. 82000e-(b), (g), and (h), Section 101(5)of the ADA, 42 U.S.C.8 12111(5), and Section 101(7) ofthe ADA, 42 U.S.C. § 12111(7), which

incorporates by reference Sections 701(g) and (h) of Title VII, 42 U.S.C. §§ 2000e(g)and (h), and Sections 1 l(b), (g) and (h) of the ADEA, 29 U.S.C. §§ 630(b), (g) and (h).
10. At all relevant times, Defendant Jamestown Container Lockport, Inc., doing business as Jamestown Container Companies, has continuously been an employer engaged in an industry affecting commerce within the meaning of Section 701(b), (g), and (h) of Title VII, 42 U.S.C. §2000e-(b), (g), and (h).
10a. At all relevant times, Defendant Jamestown Container Corp., doing business as Jamestown Container Companies, has continuously been an employer engaged in an industry affecting commerce within the meaning of Section 701(b), (g), and (h) of Title VII, 42 U.S.C. §2000e-(b), (g), and (h).
11. At all relevant times, Defendant Whiting Door Manufacturing Corp. has continuously been an employer engaged in an industry affecting commerce within the meaning of Section 701(b), (g), and (h) of Title VII, 42 U.S.C. §2000e-(b), (g), and (h).
12. At all relevant times, Defendants SPS Temporaries, Inc. and Professional Personnel Management Corp. have procured employees for employers and have been an employment agency within the meaning of Section 701 (c) of Title VII, 42 U.S.C. § 2000e(c), Section 101(7) of the ADA, 42 U.S.C. § 12111(7), which incorporates by reference Section 701(c) of Title VII, 42 U.S.C. § 2000e(c) and Section 1 l(c) of the ADEA, 29 U.S.C. § 630(c)i
STATEMENT OF CLAIMS AGAINST SPS/PPMC UNDER TITLE VII 13. More than thirty days prior to the institution of this lawsuit, EEOC Commissioner

Paul Miller issued a charge of discrimination against Defendants SPS/PPMC alleging violations of Title VII. Furthermore, more than thirty days prior to the institution of this lawsuit, Tammi Iser filed a charge of discrimination against SPS/PPMC alleging violations of Title VII. All other conditions precedent to the institution of this lawsuit have been fulfilled.
14. Since at least May 3, 2000, Defendants SPS/PPMC have engaged in a pattern or practice of unlawful employment practices, including those outlined below, in violation of Title VII, 42 U.S.C. §2000e-2:
a. Defendants SPS/PPMC have discriminated against individuals on the basis of race, sex and national origin by failing to refer applicants for temporary employment, and by complying with discriminatory requests for temporary. employees based on race and sex made by their clients;
b. Defendants SPS/PPMC discriminated against Tammi Iser on the basis of sex by terminating her due to her pregnancy.
15. The effect of the practices complained of in ¶14 has been to deprive Tammi Iser and other individuals of equal employment opportunities and otherwise adversely affect their status as employees on the basis of race, sex and national origin
16. The unIawful employment practices complained of in ¶14 were and are intentional. 17. The unlawful employment practices complained of in ¶14 were and are done with malice or with reckless indifference to the federally protected rights of Tammi Iser, racial minorities, women, and ethnic minorities.
6

STATEMENT OF CLAIMS AGAINST SPS/PPMC UNDER THE ADA 18. More than thirty days prior to the institution of this lawsuit, James Sciandra and Michelle Alberts filed charges of discrimination against SPS/PPMC alleging violations of Title I of the ADA. All other conditions precedent to the institution of this lawsuit have been fulfilled. 19. Since at least May 3, 2000, Defendants SPS/PPMC have engaged in a pattern or practice of nntawful employment practices, including those outlined below, in violation of Title I of the ADA, 42 U.S.C. §12112(a), (b)(1)(2)(3)(5) and (b)(6): a. Defendants SPS/PPMC required applicants for temporary employment to
complete a pre-employment medical questionnaire designed to elicit information about medical problems and potential disabilities; b. Defendants SPS/PPMC denied employment to a class of qualified individuals with disabilities, as defined under the ADA, by failing to refer them for temporary employment for reasons including, but not limited to, their responses to SPS/PPMC’s pre-emptoyment medical questionnaire; c. Defendants SPS/PPMC discriminated against James Sciandra by regarding him as disabled and failing to hire him on that basis; d. Defendants SPS/PPMC retaliated against Michelle Alberts by taking adverse action against her and terminating her after she questioned SPS/PPMC’s discriminatory practices under the ADA. 20. The effect of the practices complained of in ]]19 has been to deprive James Sciandra, Michelle Alberts and other individuals of equal employment opportunities and otherwise
7

adversely affect their status as employees on the basis of their disabilities and, regarding Ms. Alberts, her opposition to SPS/PPMC’s discriminatory practices.
21. The unlawful employment practices complained of in ¶19 were and are intentional. 22. The unlawful employment practices complained of in ¶l 9 were and are done with malice or with reckless indifference to the federally protected rights of James Sciandra, Michelle Alberts and other similarly situated individuals protected under the ADA.
STATEMENT OF CLAIMS AGAINST SPS/PPMC UNDER THE ADEA 23. More than thirty days prior to the institution of this lawsuit, the EEOC issued a directed charge against SPS/PPMC alleging violations of the ADEA. 24. Prior to institution of this lawsuit, the Commission’s representatives attempted to eliminate the unlawful emplo~Tn.ent practices alleged below m~d to effect voluntary compliance with the ADEA through informal methods of conciliation, conference and persuasion within the meaning of Section 7(b) of the ADEA, 29 U.S.C. § 62600). 25. Since at least May 3, 2000, Defendants SPS/PPMC have engaged in a pattern or practice of uniawful employment practices in violation of the ADEA, 29 U.S.C. §623 by failing to refer applicants over the age of 40 for temporary employment. 26. The effect of the practices complained of in ¶25 has been to deprive individuals of equal employment opportunities and otherwise adversely affect their status as employees on the basis of age. 27. The unlawful employment practices complained of in ¶25 were willful within the

meaning of Section 7(b) of the ADEA, 29 U.S.C. § 626(b).
RECORD VIOLATIONS BY SPS/PPMC UNDER TITLE VII, ADA AND ADEA 28. Since at least May 3, 2000, Defendants SPS?I:’PMC have violated Section 709 of
Title VII, 42 U.S.C. §2000e-8, Section 7(a) of the ADEA, 29 U.S.C. §626(a), and Section 107(a) of the ADA, 42 U.S.C. § 12117(a), which incorporates by reference Section 709(c) of Title VII, 42 U.S.C. § 2000e-8(c), by failing to make and preserve records relevant to the determination of whether unlawful employment practices have been or are being committed.
29. Since at least May 3, 2000, Defendants SPS/PPMC violated Section 709 of Title VII, 42 U.S.C. §2000e-8, Section 7(a) of the ADEA, 29 U.S.C. §626(a), Section 107(a) of the ADA, 42 U.S.C. § 12117(a), which incorporates by reference Section 709(c) of Title VII, 42 U.S.C. § 2000e-8(c), and the Uniform Guidelines on Employment Selection Procedures, 29 C.F.R. § 1607, by unlawfully coding and referring applicants based on race, sex and national origin.
STATEMENT OF CLAIMS AGAINST JAMESTOWN LOCKPORT AND JAMESTOWN BUFFALO UNDER TITLE VH
30. More than thirty days prior to the institution of this lawsuit, EEOC Commissioner Paul Miller issued a charge of discrimination against Jamestown Container Companies alleging violations of Title VII. All other conditions precedent to the institution of this lawsuit have been fulfilled.
31. Since at least May 14, 2001, Defendants Jamestown Lockport and Jamestown Buffalo
9

have engaged in a pattern or practice of unlawful employment practices, including those outlined below, in violation of Title VII, 42 U.S.C. §2000e-2, by failing to hire Black and female temporary employees from SPS/PPMC and making requests to SPS/PPMC for White, male temporary employees.
32. The effect of the practices complained of in ¶31 has been to deprive individuals of equal employment opportunities and otherwise adversely affect their status as employees on the basis of race and sex.
33. The unlawful employment practices complained of in ¶31 were and are intentional. 34. The unlawful employment practices complained of in ¶31 were and are done with malice or with reckless indifference to the federally protected rights of racial minorities and women.
STATEMENT OF CLAIMS AGAINST WHITING DOOR UNDER TITLE VII 35. More than thirty days prior to the institution of this lawsuit, EEOC Commissioner
Paul Miller issueda charge of discrimination against Defendant Whiting Door alleging violations of Title VII. All other conditions precedent to the institution of this lawsuit have been fulfilled.
36. Since at least May 14, 2001, Defendant Whiting Door Manufacturing Corp. has engaged in a pattern or practice of unlawful employment practices in violation of Title VII, 42 U.S.C. §2000e-2, by failing to hire female temporary employees from SPS/PPMC and making requests to SPS/PPMC for male employees.
37. The effect of the practices complained of in ¶36 has been to deprive individuals of " equal employment opportunities and otherwise adversely affect their status as employees on the
10

basis of sex. 38. The unlawful employment practices complained of in ¶36 were and are intentional. 39. The unlawful employment practices complained of in ¶36 were and are done with
malice or with reckless indifference to the federally protected rights of women.
PRAYER FOR RELIEF WHEREFORE, the Commission respectfully requests that this Court: A. Grant a permanent injunction enjoining SPS/PPMC, their officers, successors, assigns and all persons in active concert or participation with them, from engaging in any employment practice which discriminates on the basis of race, sex, age, national origin and/or disability. B. Order SPS/PPMC to instate, reinstate, or otherwise make whole any individual denied employment opportunities based on race, sex, age, national origin and/or disability. C. Order SPS/PPMC to institute and carry out policies, practices and programs which provide equal employment opportunities for racial minorities, women, employees age forty and older, ethnic minorities and disabled individuals in all positions, and which eradicate the effects of its past and present unlawful employment practices. D. Order SPS/PPMC to make whole all persons who have been malawfully denied employment or a job assignment because of race, sex, national origin and/or disability by providing compensation for past and future pecuniary losses resulting from the unlawful employment practices described above, including appropriate back pay with prejudgment interest and job search expenses, in amounts to be determined at trial. E. Order SPS/PPMC to make whoIe all persons who have been unlawfully denied
11

employment or a job assignment based on race, sex, national origin and/or disability by providing compensation for past and lhture nonpecuniary losses resulting from the unlawful employment practiced described above, including but not limited to emotional pain, suffering and inconvenience in amounts to be determined at trial.
F. Grant a judgment requiring Defendants SPS/PPMC to pay appropriate back wages in an amount to be determined at trial, an equal sum as liquidated damages, and prejudgment interest to individuals whose wages are being unlawfully withheld as a result of the acts complained above, including, but not limited to, individuals aged 40 and older that were not referred for employment by Defendants SPS/PPMC based on their age.
G. Order SPS/PPMC to make and preserve all records, in accordanc~ with the provisions of Section 709 of Title VII, 42 U.S.C. §2000e-8, section 7(a) of the ADEA, 29 U.S.C. §626(a), Section 107(a) of the ADA, 42 U.S.C. § 12117(a), which incorporates by reference Section 709(c) of Title VII, 42 U.S.C. § 2000e-8(c), and the Uniform Guidelines on Employment Selection Procedures, 29 C.F.R. § I607, relevant to the determination of whether unlawful employment practices have been or are being committed.
H. Order SPS/PPMC. to pay all persons who have been lawfully denied employment or a job assignment based on race, sex, age, national origin and/or disability punitive damages for its malicious and reckless conduct described above, in amounts to be determined at trial.
I. Grant a permanent injunction enjoining Jamestown Lockport and Jamestown Buffalo [~S,l~,,i~x~[, their officers, successors, assigns and all persons in active concert or participation with them, from engaging in any employment practice which discriminates on the basis of race and sex.
12

employment or a job assignment based on race, sex, national origin and/or disabilitY by providing compensation for past and future nonpecuniary losses resulting from the unlawful employment practiced described above, including but not limited to emotional pain, suffering and inconvenience in amounts to be determined at trial.
F. Grant a judgment requiring Defendants SPS/PPMC to pay appropriate back wages in an amount to be determined at trial, an equal sum as liquidated damages, and prejudgment interest to individuals whose wages are being unlawfully withheld as a result of the acts complained above, including, but not limited to, individuals aged 40 and older that were not referred for employment by Defendants SPS/PPMC based on their age.
G. Order SPS/PPMC to make and preserve all records, in accordance with the provisions of Section 709 of Title VIt, 42 U.S.C. §2000e-8, section 7(a) of the ADEA, 29 U.S.C. §626(a), Section 107(a) of the ADA, 42 U.S.C. § 12117(a), which incorporates by reference Section 709(c) of Title VII, 42 U.S.C. § 2000e-8(c), and the Uniform Guidelines on Employment Selection Procedures, 29 C.F.R. § 1607, relevant to the determination of whether unlawful employment practices have been or are being committed.
H. Order SPS/PPMC to pay all persons who have been lawfully denied employment or a job assignment based on race, sex, age, national origin and/or disability punitive damages for its malicious and reckless conduct described above, in amounts to be determined at trial.
I. Grant a permanent injuaaction enjoining Jamestown Lockport and Jamestown Buffalo, their officers, successors, assigns and all persons in active concert or participation with them, from engaging in any employment practice which discriminates on the basis of race and sex.
J. Order Jamestown Lockport and Jamestown Buffalo to instate, reinstate, or otherwise 12

J. Order Jamestown Lock-port and Jamestown Buffalo to instate, reinstate, or otherwise make whole any individual denied employment opportunities based on race and sex.
K. Order Jamestown Lockport and Jamestown Buffalo to institute and carry out policies, practices and programs which provide equal employment opportunities for racial minorities and women in all positions, and which eradicate the effects of its past and present unlawful employment practices.
L. Order Jamestown Lockport and Jamestown Buffalo to make whole all persons who have been unlawfully denied employment or a job assignment because of race and sex by providing compensation for past and future pecuniary losses resulting from the unlawful employment practices described above, including appropriate back pay with prejudgment interest and job search expenses, in amounts to be determined at trial.
M. Order Jamestown Lockport and Jamestown Buffalo to make whole all persons who have been unlawfully denied employment or a job assignment based on race and sex by providing compensation for past and future nonpecuniary losses resulting from the unlawful employment practiced described above, including but not limited to emotional pain, suffering and inconvenience in amounts to be determined at trial.
N. Order Jamestown Lockport and Jamestown Buffalo to pay all persons who have been lawfully denied employment or a job assignment based on race and sex punitive damages for its malicious and reckless conduct described above, in amounts to be determined at trial.
O. Grant a permanent injunction enjoining Whiting Door, their officers, successors, assigns and all persons in active concert or participation with them, from engaging in any employment practice which discriminates on the basis of race mad sex.
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P. Order Whiting Door to instate, reinstate, or otherwise make whoIe any individual denied employment opportunities based on race and sex.
Q. Order Whiting Door to institute and carry out policies, practices and programs which provide equal employment opportunities for racial minorities and women in all positions, and which eradicate the effects of its past and present unlawful employment practices.
R. Order Whiting Door to make whole all persons who have been unlawfully denied employment or a job assignment because of race and sex by providing compensation for past and future pecuniary losses resulting from the uniawful employment practices described above, including appropriate back pay with prejudgment interest and job search expenses, in amounts to be determined at trial.
S. Order Whiting Door to make whole all persons who have been unlawfully denied employment or a job assignment based on race and sex by providing compensation for past and future nonpecuniary losses resulting from the unlawful employment practiced described above, including but not limited to emotional pain, suffering and inconvenience in amounts to be determined at trial.
T. Order Whiting Door to pay all persons who have been lawfully denied employment or a job assignment based on race and sex punitive damages for its malicious and reckless conduct described above, in amounts to be determined at trial.
Grant such further relief as the Court deems necessary and proper in the public interest.
V. Award the Commission its costs in this action.
14

JURY TRIAL DEMANDED The Commission requests a jury trial on all questions of fact raised by its complaint.
15

Dated: March 5, 2004 New York, New York

Respectfully submitted,
Eric S. Dreiband General Counsel
James Lee Deputy General Counsel
Gwendolyn Reams Associate General Counsel
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
1801 "L" Street., N.W. Washington D,C, 20507

Lisa Sirkin Supervisory Trial Attorney
Robert D. Rose Trial Attorney
New York District Office 33 Whitehall Street, 5t~ Floor New York, NY 10004 (212) 336-3620
16

 </s> Case 1:04-cv-00052-JTE Document 24 Filed 12/13/2006 Page 1 of 2

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NEW YORK

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff,
-vs-
SPS TEMPORARIES, INC., PROFESSIONAL PERSONNEL MANAGEMENT
CORPORATION, JAMESTOWN CONTAINER LOCKPORT, INC.,
doing business as Jamestown Container Companies, JAMESTOWN CONTAINER CORP., doing
business as Jamestown Container Companies, and WHITING DOOR MANUFACTURING CORP.,
Defendants.

04-CV-0052E(Sc) ORDER

WHEREAS consistent with the Consent Decree signed by plaintiff and defendants SPS Temporaries, Inc. and Professional Personnel Management Corporation and approved by the Court, plaintiff has provided appropriate notice to potential claimants regarding the claims porcess in the above matter, made eligibility determinations for all potential claimants who submitted claim forms and resolved all objections submitted by potential claimants, and
WHEREAS plainitff submitted a proposed Class Distribution List on November 14, 2006 containing the names of all individuals approved as claimants by EEOC, and accordingly,

Case 1:04-cv-00052-JTE Document 24 Filed 12/13/2006 Page 2 of 2
IT IS HEREBY ORDERED that the Class Distribution List submitted by plaintiff is approved. DATED: Buffalo, N.Y.
December 13, 2006
/s/ John T. Elfvin JOHN T. ELFVIN
S.U.S.D.J.

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CLOSED, CLOSED_2005, MEDIATION, SETTLE
U.S. DISTRICT COURT U.S. District Court, Western District of New York (Buffalo)
CIVIL DOCKET FOR CASE #: 1:04-cv-00052-JTE

Equal Employment Opportunity Commission v. SPS Temporaries, Inc., et al Assigned to: Hon. John T. Elfvin Referred to: Hon. Hugh B. Scott (Settlement) Cause: 42:2000 Job Discrimination (Race)

Date Filed: 01/27/2004 Date Terminated: 11/22/2005 Jury Demand: None Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

Plaintiff
Equal Employment Opportunity Commission

represented by Katherine Bissell U.S. Equal Employment Opportunity Commission New York District Office 33 Whitehall Street 5th Floor New York, NY 10004-2112 212-336-3690 Fax: 212-336-3623 Email: katherine.bissell@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Robert D. Rose U.S. Equal Employment Opportunity Commission New York District Office 33 Whitehall Street 5th Floor New York, NY 10004-2112 (212) 336-3708 Fax: 212-336-3623 Email: robert.rose@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

V. Defendant SPS Temporaries, Inc.,

represented by Robert A. Doren Bond, Schoeneck & King, PLLC 40 Fountain Plaza Key Center, Suite 600 Buffalo, NY 14202-2200 716-566-2833

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Defendant Professional Personnel Management Corporation Defendant Jamestown Container Companies
Defendant Whiting Door Manufacturing Corp.
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Fax: 716-566-2808 Email: rdoren@bsk.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Richard A. Braden Bond, Schoeneck & King, PLLC 40 Fountain Plaza Key Center, Suite 600 Buffalo, NY 14202-2200 716-566-5400 Fax: 716-566-5401 Email: rbraden@goldbergsegalla.com ATTORNEY TO BE NOTICED
represented by Robert A. Doren (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Richard A. Braden (See above for address) ATTORNEY TO BE NOTICED
represented by Thomas E. Brydges Jaeckle, Fleischmann & Mugel 700 Fleet Bank Bldg. Buffalo, NY 14202 716-843-3812 Fax: 716-856-0432 Email: tbrydges@jaeckle.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Philip H. McIntyre Superior Group 250 International Drive Williamsville, NY 14231-9057 716-631-8310 Fax: 716-631-3187 Email: mcintyrep@superior-sdc.com ATTORNEY TO BE NOTICED
represented by Adam W. Perry Hodgon Russ LLP The Guaranty Building, Suite 100 140 Pearl Street
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Defendant Jamestown Container Corp. doing business as Jamestown Container Companies
Defendant Jamestown Container Lockport, Inc., doing business as Jamestown Container Companies

Buffalo, NY 14202-4040 716-848-1422 Fax: 716-849-0349 Email: aperry@hodgsonruss.com ATTORNEY TO BE NOTICED
Joshua Isaac Feinstein Hodgson Russ LLP The Guaranty Building, Suite 100 140 Pearl Street Buffalo, NY 14202-4040 716-848-1318 Fax: 716-849-0349 Email: josh_feinstein@hodgsonruss.com ATTORNEY TO BE NOTICED
represented by Thomas E. Brydges (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Philip H. McIntyre (See above for address) ATTORNEY TO BE NOTICED
represented by Thomas E. Brydges (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Philip H. McIntyre (See above for address) ATTORNEY TO BE NOTICED

Date Filed 01/27/2004 01/27/2004
02/10/2004

#

Docket Text

1 COMPLAINT against all defendants , filed by Equal Employment Opportunity Commission.(JMD, ) (Entered: 01/28/2004)
Summons Issued as to Jamestown Container Companies, Professional Personnel Management Corporation, SPS Temporaries, Inc.,, Whiting Door Manufacturing Corp.. (JMD, ) (Entered: 01/28/2004)
2 ORDER REFERRING CASE to Magistrate Judge Hugh B. Scott for settlement purposes only. Signed by Hon. John T. Elfvin on 2/3/04. (RAZ) (Entered: 02/10/2004)

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03/08/2004 03/26/2004 03/26/2004 03/26/2004 03/29/2004 03/30/2004 05/06/2004
06/08/2004 06/09/2004 06/15/2004

3 AMENDED COMPLAINT against Jamestown Container Corp., Jamestown Container Lockport, Inc.,, Professional Personnel Management Corporation, SPS Temporaries, Inc.,, Whiting Door Manufacturing Corp. , filed by Equal Employment Opportunity Commission.(JMD, ) (Entered: 03/08/2004)
4 ANSWER to Amended Complaint by Professional Personnel Management Corporation, SPS Temporaries, Inc.,.(Braden, Richard) (Entered: 03/26/2004)
5 ANSWER to Amended Complaint by Jamestown Container Companies, Jamestown Container Corp., Jamestown Container Lockport, Inc.,.(McIntyre, Philip) (Entered: 03/26/2004)
6 CERTIFICATE OF SERVICE by Jamestown Container Companies, Jamestown Container Corp., Jamestown Container Lockport, Inc., re 5 Answer to Amended Complaint (McIntyre, Philip) (Entered: 03/26/2004)
7 ANSWER to Amended Complaint by Whiting Door Manufacturing Corp.. (Attachments: # 1 Certificate of Service)(Perry, Adam) (Entered: 03/29/2004)
8 ORDER
Settlement Conference set for 6/15/2004, 3:00 PM, before Hon. Hugh B. Scott. Signed by Hon. Hugh B. Scott on 3/30/2004. (DRH) (Entered: 03/30/2004)
Minute Entry Judge John T. Elfvin : Scheduling Conference set for 6/9/2004 04:15 PM before Hon. John T. Elfvin. The Court directs trial counsel to appear for rule 16 (b) conference. (It is strongly encouraged that the conference can be done by telephone; however, this must be pre-arranged by 6/2/04, in writing, with all parties agreeing as to who will initiate the conference call.)NOTICE: Failure to appear in person -- or by telephone, if pre-arranged -- may result in a dismissal of the lawsuit or an entry of default. (JBS, ) (Entered: 05/06/2004)
9 RULE 26 DISCLOSURE by Whiting Door Manufacturing Corp..(Feinstein, Joshua) (Entered: 06/08/2004)
Minute Entry for proceedings held before Judge John T. Elfvin : Rule 16(b) Scheduling Conference held on 6/9/2004. Court to issue Order. Appearances via telephone: Robert D. Rose, Adam W. Perry, Robert A. Doren, Philip H. McIntyre. (JBS, ) (Entered: 06/14/2004)
10 TEXT OF Minute Entry for proceedings held before Magistrate Judge Hugh B. Scott:
Robert Rose, Esq., and Lisa Sorkin, Esq., for plaintiff Equal Employment Opportunity Commission; Robert Doren, Esq., for defendants SPS Temporaries, Inc., Professional Personnel Managment Corp.; Adam Perry, Esq., for defendant Whiting Door Manufacturing Corp.; Philip McIntyre, Esq., for defendant Jamestown Container Companies, et al.
Settlement Conference held on 6/15/2004. Settlement not possible at this time. Parties to meet with Judge Elfvin regarding the discovery schedule to facilitate settlement. (DRH) (Entered: 06/15/2004)

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06/28/2004 07/01/2004 07/08/2004 08/04/2004
08/18/2004 08/19/2004 09/03/2004
11/29/2004 11/29/2004

11 SCHEDULING ORDER: Discovery due by 1/27/2006. Motions due by 2/27/2006. Trial Date Status Conference set for 3/3/2006 at 3:00 p.m. before Hon. John T. Elfvin. Jurisdiction and power to participate herein as a facilitator in settlement discussions is hereby granted to Magistrate Judge Hugh B. Scott. Signed by Hon. John T. Elfvin on 6/10/04. (RAZ) (Entered: 06/28/2004)

Minute Entry Judge John T. Elfvin : Telephone conference re Discovery Issues set for 7/8/2004 02:00 PM before Hon. John T. Elfvin. Robert A. Doren's office to initiate phone call. (JBS, ) (Entered: 07/01/2004)

Minute Entry for proceedings held before Judge John T. Elfvin : Telephone conference held re Discovery Issues on 7/8/2004. Court to issue Order. Appearances via telephone: Joshua Feinstein, Robert A. Doren, Philip H. McIntyre. (JBS, ) (Entered: 07/15/2004)

12

TEXT OF ORDER

A Settlement Conference shall take place in this case on 9/3/2004 at 10:00 AM before Hon. Hugh B. Scott. The Court will discuss the parties agreement as to the appointment of a special master and the perameters of the evaluation process at that time. So Ordered. Signed by Hon. Hugh B. Scott on 8/04/04. (JRA) (Entered: 08/04/2004)

13

TEXT OF NOTICE OF HEARING:

At request of counsel, Settlement Conference set for 9/3/2004, 10:00 AM, before Hon. Hugh B. Scott will be by telephone conference. (DRH) (Entered: 08/18/2004)

14 NOTICE of Appearance by Joshua Isaac Feinstein on behalf of Whiting Door Manufacturing Corp. (Feinstein, Joshua) (Entered: 08/19/2004)

15

TEXT OF MINUTE ENTRY

for proceedings held before Magistrate Judge Hugh B. Scott:

Robert Rose, Esq., for plaintiff (by telephone); Robert Doren, Esq., for defendants SPS Temporaries, Professional Personnel Management Corp.; Philip McIntyre, Esq., for defendant Jamestown (by telephone); Adam Perry and Joshua Feinstein for defendant Whiting Door (by telephone).

Settlement Conference held on 9/3/2004. Parties agree to special master for valuation issues. Master's report due on or before 11/29/2004. Settlement Conference set for 11/29/2004, at 10 am, before Hon. Hugh B. Scott. (DRH) (Entered: 09/03/2004)
16 Minute Entry for proceedings held before Magistrate Judge Hugh B. Scott :

Settlement Conference held on 11/29/2004. See attached minutes. (DRH) (Entered: 11/29/2004)

17

ORDER REFERRING CASE to Mediation.

Settlement Conference set for 1/3/2005, 3:30 PM, before Hon. Victor E.

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01/03/2005 02/01/2005 02/03/2005
02/09/2005 06/02/2005 06/29/2005 08/02/2005 09/26/2005
11/22/2005 11/22/2005 11/22/2005

Bianchini. Signed by Hon. Hugh B. Scott on 11/29/2004. (DRH) (Entered: 11/29/2004)

Minute Entry for proceedings held before Judge Victor E. Bianchini : Settlement Conference held on 1/3/2005. The case did not settle. (SDW) (Entered: 01/11/2005)

Minute Entry for proceedings held before Judge Victor E. Bianchini : Settlement Conference held on 2/1/2005. Case settled. (SDW) (Entered: 02/08/2005)

**** Stricken from the record. See entry dated 2/9/05. **** ORDER that this action is dismissed without costs and on the merits but without prejudice to the right, upon good cause shown within 90 days, to reopen this action if such settlement is not consummated. Signed by Hon. John T. Elfvin on 2/2/05. (RAZ) Clerk to close case. Modified on 2/9/2005 (RAZ). (Entered: 02/03/2005)

Remark -- Per request of counsel and the approval of Judge John T. Elfvin, document number 18 shall be stricken from the record and this action will be reopened. (RAZ) (Entered: 02/09/2005)

18 ORDER Settlement Conference set for 6/29/2005 08:00 AM before Hon. Victor E. Bianchini.Additional materials outlining the remaining areas is dispute shall be delivered to chambers no later than 6/20/2005. Signed by Hon. Victor E. Bianchini on 6/2/2005. (SDW) (Entered: 06/02/2005)

Minute Entry for proceedings held before Judge Victor E. Bianchini : Settlement Conference held on 6/29/2005. (SDW) (Entered: 07/08/2005)

19 NOTICE of Appearance by Thomas E. Brydges on behalf of Jamestown Container Corp., Jamestown Container Lockport, Inc.,, Jamestown Container Companies (Attachments: # 1 letter to judge Elfvin)(Brydges, Thomas) (Entered: 08/02/2005)

20

ORDER OF MAGISTRATE JUDGE HUGH B. SCOTT

TEXT OF ORDER

Status Conference set for Wed., 12/7/2005, 10:00 AM, before Hon. Hugh B. Scott. So Ordered. Signed by Hon. Hugh B. Scott on 9/26/2005. (DRH) (Entered: 09/26/2005)
21 CONSENT DECREE/ORDER . Signed by Hon. John T. Elfvin on 11/21/05. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D# 5 Exhibit E# 6 Exhibit F# 7 Exhibit G# 8 Exhibit H# 9 Exhibit I# 10 Exhibit J# 11 Exhibit K# 12 Exhibit L# 13 Exhibit M)(JDK, ) (Entered: 11/22/2005)
22 CONSENT DECREE/ORDER . Signed by Hon. John T. Elfvin on 11/21/05. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D# 5 Exhibit E)(JDK, ) (Entered: 11/22/2005)
23 CONSENT DECREE/ORDER . Signed by Hon. John T. Elfvin on 11/21/05. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D# 5 Exhibit E# 6 Exhibit F)(JDK, ) (Entered: 11/22/2005)

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06/21/2006 11/21/2006 11/21/2006
12/13/2006

Set/Reset Hearings: Fair Hearing for Claims Process set for 12/1/2006 03:00 PM before Hon. John T. Elfvin. (JBS, ) (Entered: 06/21/2006)
Set/Reset Hearings: ***PLEASE NOTE TIME CHANGE*** Fair Hearing for Claims Process reset by Court for 12/1/2006 01:00 PM before Hon. John T. Elfvin. (JBS, ) (Entered: 11/21/2006)
Remark: Court was advised by EEOC Counsel Robert D. Rose that all unresolved objections by potential claiments regarding the claims process have been resolved and there is no need for a hearing to take place on December 1, 2006 as scheduled. Court to instruct EEOC to submit a proposed Order to be signed by the Court approving the Class Distribution List. (JBS, ) (Entered: 11/21/2006)
24 ORDER that the Class Distribution List submitted by plaintiff is approved. Signed by Hon. John T. Elfvin on 12/13/06. (RAZ) (Entered: 12/13/2006)

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 </s> UNTTEP ST"TES iJISTH.l CT COURT
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CONT"INKR CORP. doiol b••i. .....

JA.\I[STOWN CONTAINER CO~l PAN1 ES; .

• • d WHITING DOOR MANUFACTURING

C OII.r., -'

- - - - - Odendan l!. -.

04-C\'-OOS2 E(SC)

CONSENT DECREE
-
ikrwun PI.intiff&i"al Empiqy",em Opportunity c"mmi...·on and Defer.da"1S SPS r<mpo,.ri... Inc. and Pro/'S,lonal Pe"anne/ M(lJjagement CO'P"'alir)IJ

r ART I

CF-SE RALrItOVISIONS

Sect;.,., 101 InuocIuo:tion

Se<:llooI102 l"IupoooofthoDa:rcc
SeoIiallO) 1",ollil>;,..:1 Cond.eUnd lniuneti.., to No< ~mina!<

Se<;tk-n 104 ConrenttoJurisdictioo

!kctk-n 10l Irnplnn..... liot1 of''''' Da:....

!kc'k<r 106 Amerdmm1l to tho Decr..

Sectkft 107 Dural;"" of tho J:Ioor«

!kcti<n 101 S."u"i~ly

s..:r;u, 109 B"""otOo:re>:
s.c",.. 110 Not_

PAJl.T II SYSTI:.\lI C RELIH Stetle.. 201 POI' ini ond Di51ribulion of NOli,.. !kc,k.. 202 Nor>-Oiocrirnina'ioo Policy ond Complaint Procetl..... Setlkn :!OJ £EO CoonIinaIor Scoctkn 20f T........
Soct><n 20S /ofoIliIr:IriDs .... ReponiDc
Soct><n lOtS C......1iu« willi Ro>ord-l~ Itequi.u, p S lim 107 M~J,-
•

I'ART III MO, ' ETA RY RELIE F fOR U-ASS ~I~MBERS Sedioo 30 1 Cl... Sen]ernont fund Sootioo 302 N<>liee to Pot.." i.] CI... Mernben Sootioo 30J Proc...in, orCl.h"" from Po' encial Closs Member> Sectioo 31)4 himc.. Hc.nn8 S«tirn 30' r.ym..... to C1... Momben S«tirn 306 Mi5collancous Provi,ions Rogardilli MonetOJ)' Reli.f f'" Cw. Membm

PART IV MONETARV ANI) OTHER Ran:F .'OR INUlVII)UALS S«tioo 40 1 P.~" \0 Chargi"B Potti.. Section 402 Rcfc,m;;a ProvHled 10 lndividuol.

PART V SIGNATURES

PART VI ExhiM A Exhib't B Exhibit C E.<hibit D Extoibit E

EXIIIBITS Noti•• orR...,I.ti"" Memo containing ''''l ui"""."" oI'Titl< VlI
'0 Mcroo SPSlPPMC', d im!>
Sr&/PPMC Policy"" Disorimitwtion and A"ti-]i.....",ent in Emplo~"'en:
T..inilli Pro""" fOf full ·tim. l\oo' lUp<I'lioory Emplo)"C>

Exhib l G Exh ib lH Exh i b:1 1 Exhib.• I
E>.hit>.l K

.... EEO c - . u -
List or RCCI\Ii.",,,,,, OrpnizMlOOI
POIen,i. 1c.... M.mber Co"... t.t"Iler
Claim Form Notio< orEtigibili.~
or Notice IDdiJ:ibi~1)I

Ex hit.! M

Ii

PART I

G E ~ E RAL PROVISIONS

S«ti, " 101 Inl rod.,tl•• The Plaintiff E<tual Emp](Ij'Itlent QwortL!llityCommi..ioo C EEOC" Of "Comm,..ion') aDd
Dokndonb SPS Ternpo<ari.., Inc, ("S PS'1 on<! Profw iooil Pmoru>el MaRai<m<Ilt C _lioo ("PPMC"Xooll«tively "Wend. "IS" 01' "'SPStPPMC") have .greed '" 1'0001". thi, "",io. by the tmnsof Lhi. Conoont Decre< ("Decr....) .. S<t fort h below,
OIl lanuary 27, 2004. tbe Commi..iOll brought Ihi. .. lioo ."""'Title Vllof tbe Ci,il Rigli" Act of 1964, Title I ofth. Ci,il Rights Aot ofl99I, lhe: Americ. ", wilb o;>abiliti", Act on<!lhe: A~. Diocrrninahon in Emplo~""""1 Act '" correct onl. wful discrimi.,li"" 011 the bas.. of nee, ..x, pregnll'lCy, ""tional origin, di..bility on<! 4" and '" m.h w1>ole Jarne. Sciandra, M i<helle Albert..
Tomrni 1...- ond the , loss of indi,idual....1>0 w""" discrimino'orily <ler1 iedtemporary employment

by on< 01' """" Defend""" , The EEOC'. oompl.int alleges tbat SPSipPMC failed to rem- individu;ll$ for t""po<aty
employment bu«I OIl tbeir ,""e, >eX, ~y, national ongin, d isability and . ge, The complaint
furtha . Uegeo tlW SPS/PPMC oomplied with discriminatory reque.U made l»' Il'1<i, , I""" for
l<ntpOroty emplOyee. ba>ed 00 race ond xx. The EEOC ', complainl alleges that S?S/PPMC required . 11 oppliclI1l" for 1e.1tporary
cmpl<ym<nl '" oomplete. pr...ml'lo),melll medicalqu.stionnaire ,lat elicited information regarding potontial ditahilitics. II fu~ha ,liege. th., SPStPPMC <ler1ied employment", lorna Sciand", be<au;e they regor<led him .. ditahled due'" informo'ioo be pro,;<ied on the: SPSlPPMC pre-

empkym..,t medical questionnaire. Addition.lIy. SPSlPPMC discriminated "llaino' a d ... of

,

.....Iira indivi<WJs III'iIII dWbil,li.. lor r.;~",10 ...ret _ for ..,--"""""'"",""_ _ ...

"'"'" _ e n an tho: .........k>yInem !Mdi<aI q~

Tho EEOC" """lIlo,nt alloga th., SPSlFPMCCermi..tod _temployoe T....ni I....

buod on h<1 pregIWlty. It olso . I1.jCS liut S~SIPPMC ....li.1«I 'pins! penn.....,1 ""'PloY«'
Mkh,U. AIbcns by 1akiDj; -.I_..uo.. . .lSI her, and ulli......ly oerminaliDJ her, Iller doe

,1,"1 ...0;4 Sf'S/PPMe. dioo;rimi"""'Y po-o<Ii«a. Finally, tho complainl .1...... thai SPSII'PMC

t""'""* <01'''_ _

rioIrtiono 1»1 ckoavy.,...! - . . ~ri' ... ~ tho

EEOC', in.aliprioo
,hi. "I'l'Irou", ",lion, tho: CommtWooo .... injunctive relief and ..........,. ~arn.geo lot .11

io>tli, i4..I, . fretted by 0.1"""11111' dioc:riminalory ocu.

Sf<1. . . . 1 ....--oftlo.P«Rf

"" ThiI Da.=< ........ ""Iyoo tho: EEOC.-IDef......... SPS..s ppM(;. "llII:oopou.

lflio Doo:m:, tho: ' ...... "Dofend....• wll ,da <OOIy to o.fendana SPS and PPMC. The ....... of

...tl..,..,t between ,he: EEOC ond the: Other Del"",."" ore eonuo,,..,.j in oc:-pnl. <On.."t J<c=.o.
'0... Tho EEOC and O<f<ndanu SPSIP PMC tie..", ,1. thi, 001""" oro.:I ,ileteibre 110 hc:rclIy ,tipul.,.

and _

'" tho:cntryoflhi. Decree .. f,...1orU bindiroi~ tho: pa"1i.. and tbeor.o<> """l,

_ .... ..! coyOlbco-"",poo .."'" 0<0lbc0- ~I)' imo..- SPS ~ PPl>IC may onnpo<";lIo

wtrich riIIoct 0< both 01_ may«lllOOlid.ak. SI'SIPI'MC _ I ..0 ............ and 0 ""1'1' ollhil

C - . . Decnc '" any tuGC"""",, ...."'" and ..y <>lh<r «> ......ian 01" ~h<r _'Iy inlO wl.iclo SPS

and/or PPMC may merv at with wh,eh ',Iher or 00Ih oflllcm m.y OOrIIOli41...

,

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OO! li..ited '0, >p«ifio pcrformon<~ duriT\i '" of.er ,be Dec"",', four (4) l"'"' 1eTm,
5«""" 105 Imp'.m• •1O';'. oflb. D« •••
,ha, The ~~OC and SP$Jl>PMC agn>< '0 1Ok• • 1I "<pO m.y be ""'e!''')1 10 fully '~«O'uate
tbe t«m' of tb;' Co=n' I>ccra:,

S" 'i",, [06 A.....~..."" •• , ~. D«~ By m",u.l ,......,t of the: parli••, thi. Co.uen! Deere< m.a.y he: ameaded in !hc: in....." of
i u"iceOl'ld fai me&<and to f..,ili t. te """,",ion of!hc: D«m:' , proviaiOfU, No waiver. modifiea!ion or >m<n<lmaI, of arty pr,wi.ion of !hi. COrl$¢r1! Deere< 5l\al1 be .ffecti"" uol." mad. in 'NritiT\i, orp«>"0<1 by,n Porti.. to !hi. Dee~_

S..,i.. 1n7 Du,",," ." . r'h. 0 ..... The Consenl D<er-<e <hall rem.in in .ffeo1 for four (4) yom; from tbe dfectivo dol< of!hc:
I'I<ere<. The effecti•• dale . f!he D<er-<e shall b, tbe date it i• •igned and ox«utcd by !hc: Court,

S."i... 1n8 S.,..u blll.y

Ifone or lOOfe provision> oflhi. Deeree an: rrndered unlawful Of uncnfon;eoblc ... reo" lt

"""peI""t of a iq;i.ia!i.... ae' Of • deci.iort by • eou~ of

i uriodic'iort. !he f.'lowing <hall 'PPl~ '"

in...", 'nat !he Dee"", OOIItin"", to eff"",u, t. !he intorn of !he Porti... The I',,>,i.ioo. of,hi, Deer«

which or< no! ~ ""lawlUl. urt<nf"",..bi, or irlOlIp.ble of perform"""e . . . re,ull of ouc~

,

5«1100 I IJ't Br<KII of DKr..
,,,. im}Icmm' ''ioo ofun. Doe.... In tho ...... tho parti.. au ... ble '0 ..001•• !luI disp.... any ..,,,,,, ..Iotins tQ thi,Dec.......11 be filed in tho (our< that _ .. (hi, Doe.... Thi. De<... lhall

<ommJllio.hoo. to (lie P.~;.. requi.... undtr ,Ii. Door« ohall be mll<lo in wri'in8.oo <hall be

p<t _(OftbcirdcoiJnatod·,-- tt Of):

R-'D.~
U.s. EEOC )) WlIitell>ll SII"eet
~ _ -Yorl<. "'Y 10004
F..: 111.lJ<i.162l

forSPSlPPMC:

R-. A. )or""
BontI. S<;hoenecl: &: King. LLI'
,

40 FountHl Plazo. Suite 600
B"ff.lo. Now YOft 142\)2 Fox , 716,S/i6,2S08
" party m.y chms< s""h od<lreo... by wotten notice to 'h< other parlieo (hat S<'\S fo'" • new

til< Po:1i.. m.y, .fter 'greemrn( memori.1i zed in"'riting. ,,00 each other such roti fl<.ation., I'<'»QI'I& ond ccmmuni<a!iotIs by ....il.

PAl!.l' «

SYSTEM IC !!.ELlEF

SO",.. 201 Posting ••d ])!"rlbuU... of Notice.

" , No,k. of R..olu,ion Wi,hin ton (10) days of the ",«u,ion of(hi. Dec..... $PS/PPMC ""'11 coo.picuolllly POO'

ond mointain , "NOlice ofR oool " ,i",," regardin. this I,=ui, on 'Il< EEOC I<tlerhood (atu.:hed ..

Exhib.l A). in .11 of ito ofli= in .11 f"O'" inem pi",.. where "'ploY<'" ootic<s ..., posted. Thi.

NOIice ohall rem. in posted for (II< four (4) Y"M """'tioo of the Decree.

B. Distribution or l'ioU~ and Mo..... '0 Appliun" Fo r Employ",on'

A eopy of the Notice of Resolution (Exhibi' A) ond • ",oma ",'ing fonh the cov","so of

fe.Jen! <mploym<l1t d iocnminotiOll low, (Exhil,,' H) sholl II< di",i btlte.J to c'<r)' "PPlioon' rOt

temJ><G1Y ond ful l-,im< employrnonlat SPS/PPMC durin, the application proc..s fOt the du,al,,,,,

ofIhe Dec..... "l'I'licm " for I.mporory ond fu 11 -."" emplol""'<"t ilI.11 be i ",",ueled by SPSlPPMC
to rea this roti« (E>hibi! A) and memo (E>h.bot BJ ond .h.11 II< gi'cn tim<: '0 re;o,;l 'he ootic<

during the apptiC>1ion proc. ... S PSJ1lPMC .holl prO,jde the oot i« in Spani,), to opplicmts who

<p<>k SJ>UlWI" 'lI<ir fin! IiIJl~uO&C and 'bo NOCic< ofRo..,lu,;oo foml (Exhib;' A) shall ;MicolC
,

C. DIU.lb.,1ooo 01 ",..lea ••d ." 0 _ '" C. ...., ~.n·oI... u d T~.I"'"''1
Eaopkry· t a
SPSiPPMC lllall Pf'O">Jo I copy ofIho Ndicc ofR.sol",ion (E.< ~bi( A) and • m""'" oeItifljl fon. II< co.....g< of foder:>l empkl)'!1lOl1' Oi..,;.,io..ion laws (E. nibil 0). '0 all co...... f.lI~i"",
For Iho durlllion of .... Dt<,oe, SPSlPPI.IC _ providot .... _ _ oI_ion (Elhitil A) """ ..."'" (EJ.hib;, 8) 10 all f::_ fulH,mo ond ...' ..... , employoes .. tho
D. 1'0'_ '0 Sps/p p;>tC C lie.l. Within teo (10) ~oflho .m.:.ive :Ioteofobis Dca.>e. SPSlPPMC """'I ~ • ....(E.dLit:.l C) 10 011 ofIhoir cw'Ud elienco ...ti'e SmI: die obi..,.... ofSPSlPPMC""" "'.h....... ..... -...J ODti.cJiocrim.....ion Iwlond a.'·,i'j",SPSlPPMC·, _ _ !O obidoebylKl:.
obliplioos w:def lIti. ouI>-p~ wi:hi" t"" (1 0) d.lys of doi"¥ to. Th," n:emo 01:.11 be ~vid.o to ,II _ e1i"".. obW:>«I b] SPSlPPMC d""iIi Iho dwation oft"" Du:rM.
It. EEO PM" "
•

S«.".201 No. · l)i.crimin••ioo Policy o.d Complai•• r.<><<<iu,..

A. ~.q ul...d Con ••n. of /'oliel.. .. d P,...~" ....

Within 'en (I 0) do)'ll of ,he effective d... ofthe Decree. SJ>SIM'MC shall odopI the "tached

Policy"" OJ ooriminalion and Anti ·Hamomenl in Employmen, (Exhibi' D). Undef "" d rc u"stInCeS

Jus "" EEOC, by ",viewing and "l'I'"",in, SPS!PPMC. /'olicy 00 Diocrimill21i"" ..ld An,i·
H......."rn, in Employment....Iivcd its rish' '0 i""CS1igo' . or htigo.. ony . Uogcd viola,ion offedcr>l

law erf"",,,,, by , he EEOC, rel.,cd '0 Of ,esulting from ' he impromen"'i"" of ony 0U<h policy_

B. 1,," •• « of Polici<s • • d Proudous

SI'SIPPMClhall iWJe 'hoi, Policy on Di oeri m'n.'ion and An1i ·1111....."'<111inEmpl>ym..t

(E>.hi'it D) '0 .11 full·,ime <mpJoy= wi!hin thiny (30) da)'ll of the eff«,i"" da,• • f thi. D«r..

aronA 'Ni' h • k<1... from SP$lPPMC', Preoidert1 ,ffonning 'hei, commit"'..t 10 ",oi"..inin~ a W<>r\( cnvirooment Eree of di",rimin..ion. SPSlPPMC wll provide ,11 new full·,imo emplo)«S wi,h

copies.f'hei, Policy 00 Di",rimin"i"" and An~·H.,....ment in Employmet11 witll.tn five _:5) dot,..

of the :xHIllIl<DCa1l<1 of1heir employm.nt.

C. Modin...... of Polki....d P ro<<<i u,..

If SPS/PPMC ...i>ll.. 10 modify their P<>licy on Diocrim i".,ioo ond An'i· H..........' in

E"'ploym<1>t dunnS 'he 'orrn ofthe De<ree, they .h.lI do "" only a/kr..,bm il1i"3 the modi fid policy

.pp:,,,.1 '0 the EEOC for approval and receiving ,och

in wriling. Under nod",,,,,,,,,,,,,,.. , holl ,he

.k<:tin,_ EEoc. by «HIlIIIaIlingor

to commoot on SPSIPPMC', Policy 00 Diocrirnitutioo and

An'i· E..... m.n' on E"'1'Joym",,~ be d""""; 10 l\>"o ,,'oi,,0<1 its rillht to i"vd/ip1. or liliplC any

.IJe~ed viol ation of federal I,w cnf<>re«l by the EEOC, ",l.ted 10 or ",,"ltin~ from the

impi"""""'ioo of any ,och rooliey.
,

8... 1... lllJ £ EO Coordi.",o.

A. Appoln"...... of EEO Coordl....' Within ten (10) days of!he Effectiv. D." oflhi. C""'""t Deeree. SPSiPPMC will "PJ'Oim

lUI exi,li"" ernployee""" is blowI....geobl. and Hperienced in foder.ol.."i-di",rim ill31ion I.ws and

~aIe i",",' ig.ation JnCtices and ' ocJmiqu," to .."'. . . £EO Coordinator. SPSIPPJ.fC bu
idenlif,od Dcni.., Urioh, 110<: Opcr.Ii"", M..og.... 10 saw initi.lly in the cap;o<ity of ~~O
C~nator under thi. Decree. Should the f'U>"n .." ,nil .. £EO Coordinotor c.... to <b.., for

OIly rcason. SPSIPPMC ,h.11 PT<wi<le written o»tice,,!he EEOC swing ,lit re;oson(' ) ""y the

OOliO;"g coord,na"" i. l<lvtng ODd tilt identity ofthe person d••ii',atod 10 ...urn< tilt rol. of EEO

desiitOl'. ' ".,.. Coordinator within 21 day:! ofSPSlPPMC·, b=>noillll'w" ••f!he need to

EEO

B. It••pon,ibiliti.. of !:EO Coordin.tor Th. EEO Coordi",,"" i. to hove day.to-d.y =ponnbility fur coordi..u"" SPSlPPMC". compliance with onli· <lill<riminalioo 1.W3 and SPSIl'PMC·, complian« with this Deere<:. ODd
m.inl<ining re<:o<d. "'lu i,,,,, by til< Dee.... The EEO Coordinator ;' .. ,...,.,ve, in,·..,jpt. and
" ,,'olv,.11 complaints of discriminltioo. The 3EO Coordinator i. to promulgate and promote
SPSlWMC"...ti·diocrimi..,ioo poli,i.. and rn>«<Iur.. ODd 10 train (or .,.,...go for 11>0 lroinillll 00
.11 .n"l'Io)".. reprdi"" SPSJPPMC"• ..,ti·disc.;mi...,ion poliei.. ODd procodures and the law. d..,rikd lher<in. Th< £EO Coordi""", i, to m.in rqPOr\' and oo.:UJ1l<nts ofall inv..,:gation,
cond",'ed and ..,y floo;ng. ondIor """rution, tloo,OIo. The ~~O COOfdirwor >h.1I r<gu1>rly .ltend
tr>ining> and .... other "<I" \0 keep obreut of .eve!Oprn<rlIS in f«lor.. anti-di",rimi".tion I, w •.

S""" o 20)4 T"'inioe A. Inltlol T rolnlne

I. Appr...] by tb. EEOC

Within ,i"y (00) d. ys ofthe <ffective dote ofthe Decr..,SPSlPPMC shall cond""t Ih< initial

rc.- tnoini"i program< all a) full-time l\OIl~i oory employee., b) fut l_tim< management

s<_. employees, and ,) futl _time ..",iee ooordinalon.oo the EOO ooordi",>1or, ..... fonh in hhibiU

E .00 F. The trairunp wll he coOOu<tro by ." employment 1,'0' o1tom<y of Bond.

&.

KID", PUC. The faj I... ofS PS/PPMC to oondoo initi.1 tr.inin8 progranu for all ernployreo within

.ixty (60) doys of the eff<ctive dote of the: Deem: ""II he: d«m<d. material brea<h oflhc: De<=
.nd li>e Court ,h.tI be "",ifoed of"'" b"''''h_

2. C.o n rmatlo••f T rai.j'g
Within len (10) d.ys of e..,h tr. ining ....ion, SPSlPPMC ",.11 provide the EEOC with OIl
otten<boce sheet t1at include< tho doto. the ~ ofth<>oe in ."cndonc< and the . is''otu,,,"of tho,,, in .U...... nte. The faj l....fSP S!PPMC to proI'ide atteudmce _ within ten (10) d.Y' ohny t.,.;rut, .., n Oll oholl he Ooemed. materi,l br':lKh of the: De<= lind the C<I<II1 shall he noIi[,ed of
the m..,h.

B. Ann• • t Trol"loK ror j';O" ·S~p"" ·I",ry E mptoy. .. I. A. . . .I T.. io iDg fo r Noo.,s u per>i,o,>, Emplo~''''
On "" """,,.1b;ui.. SPS/PPMC will provide .11 full·t ime "",,·oupervloory emp loyee< with
....... t..-o (Z) boon of EEO t",i" ing .. d<>erib:<l helow in ~20)4.B.4 , The f, ilure o f SPSiPPMC

to pro>"ide (W(I ( 2) """" o f """.,.1 trai ning to <II "",,--&u]'eI"\Iioory emplo,..,.. shall be demO<! • moteril.l bre",h .fthe Decree.oo the Coon w i he notified . f the breach.

2. Ano..1Tr>I.("~ for i\h ..g..... ' F.mploy...

bul,. On an >IUluoi

SPSlPPMC ...ill previdc: .11 ful l-lime .,..,.gemen, """10 >""",, wid:! "'

leu! bur (4) hou" ofEEO ....i'""11 os deo<ribe<l below In f~C>4.B.4. The failure ofSPSIPI'MC !O

now. flnwi"" four (4)

ofarum.] '<>.ining to .1I ful l·time managcmal' employeea sh.1I be deemed.

matrn. 1M:lICh of tho De<;"" ond the CO"n ,h>:1be t>01i(,ed o( the breach,

3. Annul Tro].ln& for S<n'k' Coord i• .,.,. ..d E[O Coordl..",r

On an """.01 b..,i•• SPSiPPMC " 'ill pr>Widc: all ...-vice coordin.."" """ tho [EO

coord...,,"" wiIh", lea" eigh' (8) !>ours ofEEO tnininll" dc:ocribr:d below in oub.~. 4. Tho
f.,Iun o f SPSJPPMC to ~vide eigh' (8) !>ours of annu.1lninilti 10 all ..",ice coordirwon and the

EEO ,oonIinato< shOll be deemed. m.",riol br<<Cb ofthe Dec...., and the Court .h.1I he notified of

thebr<3Ch.

4. R.qui...d S.bj.", of Anu ol T.. lolo.

The EEO O/lIluol tninin& prog=n••holl inclode:;

..

For "'"~»eI'Iioory. maougeme>t. oer\'ke coordi"""", and ,he E[O COO!'dinalor.

i"",,",1ion 00 the requ;ran<." ofapplic.ble <Qu,1 employment opportuni'y I..... i""ludi"!!. but no!

limito.! "" Title VII ofll1e Civil Riglt" Ac'of1%4... amended. "'" PreSJWlCY Diocrimin.O:ooAol,

Amcri<.,.. 'he Age Di><riminat;on in Employment Act. and the

with Disabilities Act. ond . "'vi....

ofDelondillt· . oon-<liocrim;notioo pol ioid and I""<ed~ with pattkular ""ptwi. on the ""mpl.int

-~
b.

For management. oervico coordimton and the EEO ooordirwor. in""""i"" 00 OIlY

poli.'" ond reqoi",,,,,,n,, ",Ioted to thi. Consenl Decree and in,lruct;on OIl t"" opcc;fie req.Rmento

of thi. Consent Deere<: and the prope.r procedure for rdpO<lClina 10 compl.inl5 ofdiseri mi..lIOn or

"'''':r ..•• I.. , ,...... AD cmp""a:o M.... 0C!anIeJ of 8o::d.

K"", PU..C _ , "",,;do IIro

h''';'' on poIki.. _ ~,. ,da,ed 50'" Decree.

C. Roporri" IP.rq.Iro....h for Troioo;"

All <mployeea"'endin&..,~ :ralni", ",,,ion deocribtd in ,''' above proW""lu ih,lI print

and ,ivr PIle;, f.1I PWP>O on on a5'<IIdanc. oho<t. Wi!hin 'm (10) do~ of<be e<>mpt..tion any IIlIininp

<IeoaiMd in rIr< poto:tdinl"". . . . SPSi1'1'MC 1IhaIl .......... rIr< L<pI Un" ofrlr< EEO:. N.... VooI; Oiotric:o Office. J3 Whirdlall S"."., ~ fIoa-. "'"" Vork, "'"" YooI; 100(l0I ( _ I t - .
D. R<w). willi copies ohll ...etA: .,. oho<ts.

D. ~T•• in'.I/'loKllI..5"'" lP..q ......... ,

"rP<Ie. At Ieuo 'hin~ (J\l) do)"O prior 50 any oohe<l"lod ,..ining

'hil Section, SPSiPPMC will

'i""' .... "",.~ 1h< EEOC DOli"" ofrhcda<e,

location ofrhc ocilod"ied mi",,,," The EEOC,";ro

dioc h, PIPOJ.cuuII and obctovt _ or:ron: of \he lnir:.r", PH ' m mrllPay:;nwidP:

,_",...0da5.10111 to be ......,.,ntcrI by \he ~.

8«".., 105 Mo.t,orlo, •• d 110110,11"1

A. ,,",o"i'orl ", by ,h. I'.KOC

The EEOC may"""':or SPSII'PMC', templi""", with .... eon...:: Decrec fO<" period of

ioopoc:' ' ' ,.,." (4) ,..... rmm 11>< eIkeb... _ of<be Doc,... rhmup <be

ofSPSII'PMC' 01"""""-

_ _ _ .,.ic:e. recada _ in,.... .... , "" cmp~ a5, " . :abl. tiPlP'" EEOC ohoI'

""th eondu<r. cunplilnlX ~.... cfTorr, in " rnannor rho: minimu.. io'..f.....,. SPS/PPMC". dai ty

opmlion•. II; , under\Iood thlt lOme oflho mml' tb.llhe EEOC may widl lo ,....;~ .... uscd 015

" daily buO. by SPSlPPMC ono.i Ih" ,boo< re<:<>5"IIs may have 50 be ...mined OIlt:Pid< ofMnnal

"

fo, ' - . . _ . . . . . . , ...qcil . .la'.-. SPSl1'Mo4C _ _ ~topoyoo.""",,",

Mala to EEOC'.........!i.n cfTona.

1:1. I't<portlo, R.... I..mo. .. r... D:":ri",u.. iio. Compl .lolt

o.c_, Fot lloe dun.tlon ofthi.

overy ... (6) m" IU!\o, SPSlPPMC oIo.U I",,,ide • writl"

ttpOI'110 III< I..epJ Uni t of the EEOC. New Yon PUtrid orr"", ('Uentiooo: 1'1." " " D. R"",j, with

ioofbol ..jon ~ ..y ven.t .. wri'.... ~ of dUoo:rimi....iooo _ mq>Io:_ ...
opp,-,," ..."IlH:h ...... reori-.eddooriq the ..... , r ogsi>. _hot T10c ......... liIIaIi in<1udo .... _

D<f.n<!oo' dun", the in.....ipl~ ••~"""ory of ' l>< _ lalOl, 11>0 Ioe..ioo, III< """in ohoy

,ak.., In,••;",iO<l of II>< """'P1 .; n~ ar.ol any rtmediat oct;oo

by SPSII'PMC. The report ....U

;n<l. . oU open """",1ai1XJi ond.U oomp!olnlJ<Iooed ... onolvod within tile _
r.... """" ....11 be duo ... .....w .fIo- the 61~ dole oldie DeetM.
C. n _ponory .:"'ployfl RtpKl •• d D.tollo

... _,. TIlt

I. F... a.. _ o r a . . DecrK, every six (6}.-uht. SPS/PPMC ohaIl provido

• wri~.., tepoti to a.. EEOC <On!olniltg. bfrudo""Jt or.u """litanlS for ImtponlY <rrlPOyn><Ji'
by f1<O, .... 01<' iIOlional «iii" and dloabll"y ...,• • for ,I>< procodin~ ol< (6) """"It•. SPSfPPMC

...·m offl........"iy ""'" the inf""",,_ rcqurn r... tbe ......... r""" oU apfIlioonts for ""'...... ,. ........."). l...t iafumoothe"""I~ ..... thep<>rioioooofthe;nron........ it>'OlunUry. Tht fil"Sl

«pOll WU be.".. ... """"'" .ft.. "'" til"" oIoie oflbo: ~
1. AI >D'J 1i.......hil< the i"l«ree i. In .rr...t, tile EEOC ....y ~ ihot

SPSII"PMC provi.de. lilt ofoI llernpOrtfy fMP~yett rtr.""d to ..'OR Uli~lS, lkong wilh up..

to-<Iw """""'" inromurotion r....U of them, fa OIly'''''' month ptnOd .. l«too:! by 11K EEOC.

"

SPSlPPMC shall I""yidc<l the infurm.,ioo ,,'ithin fift_ (1 S) ~ of. '<Guest by the EIDC and ""'y I"'vidc: il in the fo nn of J>O)TOU records contoinins the name and odd..... ~r the _J>O<2'Y en,pioyo<s referral durins the 'P«ifieJ lime ~od. The ~~oc m'J contoe' !he ' <Ilporv)'
empklyee> "" the liS! p",vidod by SPSIPPMC:o obl.in infonnotion re~an1ins the 1'11«,11<""1"",
n..i"",,' orig;o, . go and d i>abilhy st.,.. o r tho>< tcmporory employe...

S«tioo 206 Compll"... "It. R«~'d.k..plng R<qu ir<rn•• " ,I.. R«ol'1l R" • • ,i•• For thedurolion o f the Decree, SPSIPPMC ogre.. to main..in . ocIt r=rds ...re noceSSll)'
to dc:...,.,stnue thoi, compliJDC< with the 0«"" and 29 C-F-R. ! 1600 " "'I. ond 10 .mfytlut the
acwro'•. report' ,uOOt iltod pUl'$lWl' 10 tbe Decree....,
B. SpKir", Doc. ........o be Rei.ined For the doration o r tbe Dec...., and 1'0< thrc< (3) Y'''''' f~II~"'il1i the !ennin>!i~, of the

Dec",,, SPSiPPMC shall """in the fO llowinllll<td-oopy and oompUIer record<:

1, All job ><Iv.,.,; ..",en" >J>dIOl ",yolherdocurnonts usod 10 solicit 'l'plic",ts

for l<mporory oll\~loJ'!"or:t;

2, All oppli<>!ion. for " "'pora'Y emploJ'!"<n! and .11 othor documents

_li,.. ,uOOtitred or completed .. part of the

ioo prOCess incluOins. bot not

limitod 10, opplic.ations ree";v«l in -petWI'l, by mail, by fu "'0 by '00"";<

J. All record. rcgor<lins ,he ..kt!''''' lM pi..,.."",,,! OfltMpomy tm"OJit'U:
~_ All J><'"IO'lIl<I files inc luding.1l pufo rmonc< <"3iuotions, discipline ond
"

term in..ion record. for fij l.time: <JJlP!oyt>e•• and.1I emplo""" ooti<:<•• 1·90.
tax forms. cmplo""" relwe form •• opplication forms";ob ",k<tion fo."1I1" rod ~h<r related documents (If temporny <JJlploj"<eS;
I. All odveniKID<1lt> for ani op<1l position.; 6. A II "","pl.in" of diliCrimi1.ation or hams"""'t OItd all records rel.ti 's to !he
investigation and rcm<di.ion of ..on "","plaint>; 7. All romploin" of ret.I;",ion prohibited by rutut.. enforced by tho: EEOC.
and oil re<;<>rd!: of!he invutigO!ion(.) ofthoK oompl.inl('): 8. All ''''''P"tori>.od p.oyroU'1lia;
9. All c....tQm.' and job pro~l< form •.
SK..... 2M Mi. ..I1.~eo".
A. 'ob Ad,·.rti, ing SPS!PPMC sholl pt:oce job odv.rti>em<rlt> for l<1npo<o,y employees in the following pub li",tiollS with tho: gool of incrouing opplic>lion> for tempwOl)' emp loym<nt from Afii<mAmcri:ort arodIor Block individual•• Loti",,,. fen:.o le•• d i..bled indviOual., pmon. fOrty (40)}"WS old oM over and other underrepTcsen,ed p"p" lati >n'; Bu IT'I<> Now.. Ni.s>,. Gne"e. and lockport Union Sun and JOItntOl. Tho: job odverti..-merl••h.ll be ploced at leu! each rime SPSlPPMC
re<tUi" for tempoorary position> in !he distribution oreo, but 00 I... than fMy· r,,·. (4l) lin", pet )'Uf. br the four (4) year duration ofthe Deer¢<. All job adv",",i""","" PIoeed by SPSIPPMC sh.1I ""nl,;, the term "Eq"-11Owort" nity Employer" or "EOE.'·

8. Job R..", IIm<ol
Once every . ixty (60) days oornmenci"i w ilh lhe: <ffeeli.'. dOl. oflt!< Dee",., SPSlFPMC

shall >end. j ob DOI",o 10 lhe: O<j;aniUl iom Ii""; in E>:h;bil G. Thc: job "",;eo ....11 ""'" thai

o.f",J."ts '''' "" "'1",,1 opporIun;Iy em?k>J"T and m<OUIlIg<: Afrioon-Arneri<.. ond/", Black
indi.;4Ioo1" LaiiOOl, femolos, di...,kd ;ndi. idul., p¢'I'SOt\< forIy (40) ye= old and ••..-, and

incIi.i'.,I. in Olh<, ."""""'p<esenled grouP' 10 ..,.,Iy for l<rTlf'O'V)' emplOym<I1l wilh SPM'PMC.

;"""""ioru The jre "",ice shall con..;n clear

",prIlin!! lbe proced..... for opplYll18 for ""'poruy

employmenl "';Ih SPSIPPMC, SPS/PPMC .lut reqLl<Sl tlw tbe orpnizatioo, poit ,be TK'"", for two m",ths ,~ wllllt"".. means !he orpnizltion. ootm.11Y"'" 10 publicize job 0pp001Ulli'i.... Thi. noruilinl polioy >holl coolin"" at k.., for tJ< fou, (4) ytIII' duration of,. . Dee,.,..

C. M. n' aemon, E• • '" "'ion "nd ......""U b li lly P1>lIry

AI least one. per ytIII' for !he durn;on of oho 0.<1«. SPSfPPMC , h.1l "".1.,Ie .....JOT1 and kr'o"i« """«linot.... ~;ng Ihoir perforrn>r>o. in e<:>ntributing to compliance with thi. Dee"""

comphnco ..-ith S PSIPPMC', di><riminalion poli'''' .nd pr<><edu......nd with federal ..ti_
d;"";n;nation I.W$. Such oval ",,;or., shall be tmde In writing ..... d i"'u..... wi'h tho ~ .....
I Upen;ioors. Every .....IV< (12) mo,"m. SPSlPPMC . hall ~vid<: tho EEOC wilh.1I _ ;os of

evol\lOliom rdlo<linB lhi, oril"';. Ihal w<rt giyen 10 m"""ser> and ..,rvice roon!i"."".. in tbe

»lev.... twel.. (12) months.

"

P"'II.T III MOI'ET"'II.Y RE LI ~F FOR ClASS M EMBERS SKrioo. JOI Clal"" ....d
A. r'y",.. ttoth.F••d

SPSIPPMC sholl pal' tile gr<>li> ",m o fS S:J(l,OOO into. CI. i"" Fuoo (the "F'ur.d" .. defined
bolow; in ..,."hJtiOll oftile EEoc. ,ompl.int ofdiscrimin.ation baK<l on r.:c, color, n.tionol origin,

rex, pregnoncy. oge ar.d dl<>bility. SPSlPPMC . hall make payments In", the Cl.im. Fuoo as

fo llow!, L

W ithin fl¥e (S) (\JI),< oftile ';gnl" ji 01tile Dc<ree by the e""", SPSlPPMC ~"'II pay

S125,000 in'o the Fuod.
2. SPSiPPMC oh.all ntake moothl~ I"'yments ofS7.812.S0 to the Fuod for \he " ..01100
ofthe Decree. The fi TS! monlitly ,.yment sholl lie due 00 the first day o f the month

iollowilli the eff« ti,"" datc ofth. Oe<ree. All suhteGuent momhly poym" " sh. 1I

he due "" the fi"t oft"" month. SPSIPPMC >hall p.~ a lato lee Dl fi,.. ,..",..1(S%) oflite monlitly p'ymcn10m0unllof on)' ItIOOthly payment tlut i , receIVed . fier \he

Icnlit of any """'th.
3. SPS shall ..,bruit . 11 payments i. oooot"dance with the ImtructiOOS of the EEOC

and/or lhe AdminiSU'lltOf,
,o, B. Adml.I" ...
AI EEOC'ssole discretion, eAe SOT'o'io," Group. L!..C..,.n act as the Adm inm.:.IOr for the
oIoilll'l'I"«" in this oaK, The Administ..."" ...11be respoo,ible for eotoblishing. m..,.~nll or.d
makin, distributions from the Cloi"", rWId ...leI)' in accordance wiIh the EEOC' , i""ruet;"'.. The

Adm;nistr>lO< >hall be ~d from lhe Cl.im, F, od and/or by til< EEOC, in ""oordoncc with an

"

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up by l'" EEOC 01' "'" Adm",,",- It> «eei,.. . - , . . _ pooaniIIcluo .......ben pnwicIins
,heir rum<:! &nd ..,.".., information. All pu~lk ............ornenI$ ....n t>e """",loiN ",I,hin!be ai.
(6) mo:1lh period """"""",;nl witl1!be da" oftl1< ,,101:_ of!he r.... ........"..,." ",,'<pI1hai
dIO parties ....y...... 1(1 "'tlao! 1ho tim< period orv:I1ho EEOC nuoy ...._ ... "'u" I.. , ofl'oo Ii"",
p<riod from dIOC<M1 ....J"'''''UJe. Tbtdoadl"" .... poI<nlI.. c!au _ben ........... Ih<EEOC
... lIIe ,'.donini...... oholl be .Jly(60) da)'l ofta-Ih< final publi<...".,.""... i. plxed. alhcoo&f'o
1ho EEOC in ill ~ i..,..,ion I'nIy <O!l&ida' 1be cl,im. of 1'0"" " " <I... Jmmbcro ,,00 oon:ac' the
EEOC ... !be Admini......".1Ie< 1be deadline unier oo"'peUiDJ; cilc...............
C. 0 10."". ..... ofClaimo r. . -
MY pooonoial cLoa .....>be. ""'" <m...... 1be EEOC or 1ho Admini""*",, rd prnrioXs IIocir cont.... infOl'TJ(alion 0li0 11 be ....,. "",.",1. 1CI... Mornl>eo' Cov.. utt.. (E.h ibil H) and Claim
Farm IExhibi, I) by .qul.. ..wl. n.. de.tll.. t... ,t>e lUbmi";"" or Claimo F1Km> by pM.~"a1 cLoa ....,..........1t>e oixl}'{6O) da)'I.1k< 1ho 4codH.. rp<cified ill IlIn.8""'" for romrona
\he Ee:x: 0<1ho AdmiDi_. ohhoup. .... EEOC i. ibdUcretion ...y _ _ loIeClaino r..,.,.
""""" oompcllln.il clrt" ""'........

5«.1000 J03 P.......Ioo. of CIa;" r....... 1'04.,101 CIa.. M. ........

A. _

1. _

of [ 1itIb 1 1~ y

The EEOC ..... IIIJ,,.. ooIe discretion .. dotermi...... cligibili,y ofp"'....ioI cw. rocmbcn

_coury. ....... 00 !be Claim form. ,he "",,,,,,iol , 10" II'Itmber', cr<dibil;ty . n<!. if

throuih

inIero'm ond .....·icwol'odditlonaJ infonruoio< onddocumeru. SPSlPPMC";1I make zood lililh

.fbuooaompiy ........ ~n-(LS)dayI ..... 'eq r "lh>mobcEEQCbl,,"'"""'"'" repdiaj

"

poten... eI... meml>eB. The lime: limiI for resp«>ding to .uch r«l""'" m.y be ex lended dep<rodinll

on !he volume and n,lure of!he information ""l""'t«l

1.1. l'io tlfko tl. . of t:ligibility

All pOleI1li.1 cl... mom.... d<termined .. be eligible b y the I:EOC <h.1I be deoomel "eI_
momber>" and feeei,.. . Notice of Eli~bi lity (Exl ibit J) and • C1= Member Rele... Foml (Exbibil

1,.) by "'SUlar moil. CI... manber> . hall Mve forty.five (45) d.ys from the dalO ofille m"ling of

their No1ice of Eligibility to ,ign and relwn Ih< ct... M"",b<r R.1euo Form . The . ubmi..i"" o f

••igred CI. .. Member Rein", Form by. cl... """"ber shall i.o ieo\< Ihcir oe<q>iOJ>C¢ of !he

'w"",im' I' mon<I"'Y.wanj 10 bepaid from the Claim Fund, Anyel... member woo fail.", relurn Ih< Clo>s MembeT Relu>< Form by !he &Codl i", will he deemed to hov, do:lined to paJti<ip'" in

this Kttlern"'" and sholl /'lot r=ive. share Ibm the CI.im. h<l<l. although the EEOC in ito

diO<t<tion m. y consider lote CI... M<mber Rot.... fomtS Wlde.r coml"'lIin, circ"m><oo<<;>,

C. N.lln• • tIon of l.ellaJblllty All potential <I... mem.... dclamined II> be ineligible by the EEOC sh.11 rooci'" • NOli""

of IncligibiIi ty (E,hihit " ).

O. ObJection. b y CI. .. Member> . nd Po, en, i• • C I... ~I.mb....

A el... memb<r or potenti.1 <loss m,mber moy roix OIl objection kI the EEOC', d<t<miIWion of eligibitity by deliveri"i to tbe Court and lhe EEOC , w~lt." explilflaticn of !he

basi. Dr !heobj«tion. Obj«ti",,' mu,1 be f,led within forty.li.... (4S) d.ys o[the EEOC', mailing

of the N<>tic.. o[Eligibility.nd 100ligibility••llloOUgh the EEOC and !he CO"" m.y consider I.,.

"nil" object.o",

compellinll cirewn""""",.

S«tI. JO.I .·. 1..... IInrl01

r.. ........ AIIeJ the: d 11int

"u... ot;abt.... the: EEOC shall oubmM .Ii.. of011 _ved

ob;at,OII' 10 !he Court_ Tho C",," ",i ll oO<><l.><t. f.i....... I>tari", 10 <k<:id< any wr.aolved

.,,,ttI objeolM>. AI l<ti'

(i) daY'.,no< ' o!he fam<"l>tarin" ..... F.EOC will I'",.ide 1 pK>p<>IOd

CIooo Diotrib<.l1;"" Ust 10 the: Coun and SI'SIFPMC in<;lu<Iinl any <twt&a rdUllinK tiom !he

a . . u... ilIlbmol raoIutioooof..yollj...v- ThcCowtID1Y_o.. the: ..'i I t

Oiotri""'"'"

.... otd<r.nodlir"'....... _"".,y.lj "--'

S...""' J05 P.,'....... ' 0 CI... M. m.....
.... Dbtrib.,ioo of Pu"d.
Th< C,... FtIIId wll ... d...oil:Mn<d in _ irutallm<ra. Th< to .... inrtaIlmmt shall ... pooid on .......... I,... __ af\cr .... ""_""" ..... of the: ll<a"<o<_ Tho 0<0>fId imlallmml shall be paid opoa lie c;... I1;.",of .... Do:........ opoa .... r..... pa}'lD<1ll by SPSlPPMC, .......,.,.,.,.""""'" r..... Iu 1*' .... EEOC'. inI>n!<.1iono. .... Admini_ shall 1illJibul..... f\Indo by ol'>otl:; 10 olaa.
~m_
R. II.'.....'0'''''
Tho EEOC ... lilt AdmW..,..o< ...... 1pnvido oopi<o oflllt Cl1$o 101_ Rd",." Fonno 10 SPSlPPMC o/\or ...... , ".1 ;.wlmau < t",,1t I\o>oe .......... 10< .... _ A LE• .
C. hq>.nl_ ...1 Dh ........"'" ., IRS F..... [(19k by SPSlPI'MC All payments 1001aa.~ lhallbc"",_ .. '""'........,;ory,~4anup for ""pi<>ymrnl discrimination and "'" .. "'>iOI, 'The Admini.tr.lO< 1It.11iss"" on IRS fo:", 1099 10 oil .1... manbcrc ....Itt ""'" oheck.

,.,.,\001, D. J)IotrIbo_ of U.diotrlbolfll ." Uadol _

. f CIooo ••••d

Iflbo Cbimo Fon:! """,li..-..;...u..n_ _ _ .... Iaimod tundo oinocy(90) ...... afIet

t~ n>Ii Ii", .fII>< ...:ond. ......,lone'" po)'lll<nl1O .,... ""',..,..... Ihooo funds ....11 be _<:110 Ibo
don.,. Buff. .. Ci'y Mi..ion", '00 £OS, T..."... S" ..~ ~"IbIo, New York 14103. The EEOC will
lilt turdo 10 _ or ...,... _ _ 501(c)(3) O<pnia!ion< ..,e«ed by lilt EEOC if Ibo Buff.k> (:;Iy Mi""" _ _ O<><q>llbo diotriboolion.

\001. 5«1.... .lO6 MIs«'''."", .......... lI.ll;.,di., ~l_.ry R. ,Io' for C.... M. _ .. ". [,"".... It<l,,'" 10 Ci,l... PrH ...
SPS!PPMC will _ bc raponaib " fOf ., Yex".".... ",I..ed to Ibc cl. im. proc....
8. c.op.ro' ''' by SI'SII'PM C ..1IIt a. i.... P. - ,
SPSlPPMCwillooop«... wnhlboclli...._oncI ..widotin>c1y "."",.. ,.,.. . , .-
in '<4plO_IO, . _ ...,.. . , fr,oon .... EEOC _ _ ia _ _ .... Ao!mo";_
C. MIlo""" r.... "d",I,"' no'our 01... "tt. ..
In EEOC', 001. diOCrcliO<l.1bo N.lmin iJlr>1ordaaibod in f:lOI .D obo•• nu.y ...iiI"';!h ..y or all <>po<" .f t... cwm. »<'OC<H. 'The EEOC olIO m.oy hi", >IlOIlict Mlmi"i""" .. or ""'". agent .. ill <h<retiooo lO""iI with ony or 011 "",",," crlbo.laims poo.""

, ,, ltl IV MO,sn AllY "'I'D Ol'll EMRELIEF FOR IND IVDU"LS SK,'" 40' P'ar......" .., 0 , ..1. , P.rcl<oo
". Mlcb<ll< A.....'"
Mlebclle "Iberu IhaII receive S60.ooo p.onuant ,. the Decree.

B. Tomml l1<r
TO/IlIJIi 1...- ",.11 rt<oi •• S45,OOO punu.a.,. to !he Dec=.

C. h m.. Scl.nd..

lorn.. Scimdr.o ",.11 ,-«<i•• S20,OOO p......" I<> !he Decree.

I).

Form . .d ~W bod ~ rp .yme d o

The three Clw-JinJ PlUti.. h>t«l .b,,"o.nall be p.a;d from !he C1.Iims Fund .. d<lioN in
POl 01:>0•• or><! ....11 """,i •• full payment withi, thiny nO) dol" of!be ..«",iOlt of!he Pec~

or witloin fLf\<en (1 5) days ofpro.idins II R <I = Form pun..,,! to §401.£ b<k>w. whichever i.

1,,«.

a.Otgins parti.. Michell. Albern. TOIlU1Ii 1= ..-.d hm.. Sciand", shall be rcquin<l to
pro.i.., Rei.... fonn. (Exhibit M) prior to r«e",nil pal""ont pursuant to ohe Dec,...
SPSJPPMC ",.11 J\OY fl •• hun<lr«l doll .... ($SOt)} eoclI to Micb.lI. Albert> ..-.d lomd Scimd", to
....blethem to ob,ain Ie&al advice .-.1.,«1 '" ,he R.Ie... f<>mu.
E. IRS r orm 109\1
The Admini>t"'tor >hall i.."" OIl IRS Foon 1099 for eooh ~ng POIty ,n conju,",' ioo wilh 'k rnooeIOt)' poymenlS mod. '0 t!>em from !he C!.tim. Fund. Each CharJini\ hrty w ll be 1'<SpOI'IIibl. for OIly laX.. owO<! cor.oeming IhescJ\Oyrnen...

S«1i.. 401 R"....not. P"wlde" 00 1"" I,·Id ..I.
SPSIPPMC ogre<:. '0 OIl,WOf any..-.d al l ioquiri.. by pro'peetiv. employers regare;ng MY olw member or cJ>ugi"ll party by informinJIhe pro<pec1iy< employer only of!he clal.

......b<r or ct..ainI paoty"o _ 01 """..,.,.....:, bilo(.) ODd oaIory iIIId ~1DIIn.

SPSlP'~'C .....1_ ."...,.... ohi, ........ or..yodoa IDI......._ 10 Ihoo oction or Ilio

prospe<''' orodtrltio>c ""- of d'O<ntIIi.....ion, to

Mllploym enqui,;", tloouI :ony eta..

momb<r', or c~ni party', cmpki)'lll<nt ,..iih SPSlPPMC.

PA RTV

S I G ~ATIJIU'.S

1Ili._.tp ',. . . ,., E.::Il.....-.. co
eacIr""" o..cr.c 011(\10 btnd tho portia "" wlroo< bdlai1

is 1'Iill)l&uelrorUal CO ..~1hiI

,~,

Dare.l:

EQUA~ EMPLOYMENT OPPORTUNITY COMMISSION

SPS TEMPORARIES. INC,
"

I..,. Liso 0,SU\iJI

!4w>

Trial AllOrnO)'

"

N.... yon: Distn<1 om..
)1 Wh;t.l:all Strecl, S· Floor N.... York, NewYorI<, 10004 (212)JJ6.1108

"

E>:hibil " Il>hibjl B

NOO« ofRofoMion
Momo cotnainm, reqU;' " ,,,,," ofTi~. vn

E>:hibi, C MemoIOSPSlP!'MC·.........

E>:hibjl 0

E>:hibilF

T_ •. 'P .... _ forfllll-<irMl'•• 1"" - ",Fdl'I) "

~ TlOi"",, 1'1 ......" too- Ftoll·timo

Emplo) ! 2. Smic;. c-dina:<wt

md ,he EEO Cooo-dina,oo-

'

Illch ibilQ U .. ofRocrui.".", Orpni,oti"""

ElchibilH

Elhibill Claim F<mI

E:dubi, L CI... 101..,..,.,. R.,.... Fonn £.lUbi! M

 </s> lINITED STATES DISTRICT COliRT

WF.$T[1II'i DISTiller O F il'TtW ,"OIU'
•
EQlIA L EMPLOYMrJlo"O' f'ORTUSITl' :

CO .\1~lISS I0N.

;

Pl.tol.tlrt,

,

S PS T~ IPOILUU ES. I Nc.;

PROFf,SS IONAL I'EII.SON/'iEL

~ IANAGItMr"" TCOIU'O""'TI ON:

:

,A/lW,llTOWN COIITAI;o;I;R t OCKI'ORT. :

I/'iC. <ki•• bool. ... at JAM£STOW/'i

:

CONT..INER CO~trAl'itt;S: JA"'F.sTO~ :

CONT,, 11IIUI CORP. dol.C b.'I.... ••

:

'''''.IESTOWN CONTAlNEII CO.\tPANII!.S: :

ond WKITl t"G DOOR .\JANUfAC l'lIR ING :

COR P.,

D....d • • l..
•
CONSENT DECREE

0."--",'
•- o. w

/k rwun PlalnliffliqM(J1 £-pIO)""'. ' Opptxnudty CQlftllOWiOIt alUl
lkfo- i .... Ja_ _ eo,.u>mu i t}( 1/, .,. J~. dohtg boulMu /11
J"-I_'" ~C-pmaiu. altti .m-.I,,,... CmrIajlJn' CArp.. <kH"II bouiAlsJ /11 J a _ eo,.u>l_ Cc.'tpMin

PART I GEt,(ERAL rRO\' ISIONS Scotion 101 lnl1'OOuction SoctioooIOl PurposeoftheDecrH S«<joe lOJ I'foIIibitNCOIIId"",O/Id ,.,., ........ ~ ~ ~ S .... 11M Q>nomIIO I~
~ lOS IqIku....tlll;o. ofolie o.cn..
SoctioooI06 " - _.. lOtheDecrH Soo.ion 11» Dun,.ioo or ,he IJooCfu S«:1ion 10f! &>enbilil)' Scaioal(19 BrudtofDcute S«cioIIIIO N«ica
PART II SYsrEM 1C RltLlI:' Soo'ion 201 ?O<ti"i and Diotriltu,Wn orNot~ Soctiooo102 Non-Dit<rimiJlalion Policy 11>11 CanpIaiDl Proc«Ioreo Sc<:tiuo>lOl R..........t
So<tion 204 Trmw.,;
S«lion lOS MouilOrint; -.J Ropoo:1,,,
Se<:lioo 206 CQII'pl iaooc with Rco;o!'\HoepiOi Ro::qlIiremenu
Sootion 207 Mi..,.llmoou.
,

Pi\. RT til ;\IONLTi\.RY REI.Ir.r ..o R CU SS ~1 t.\lnRS S<clion;(ll Claimsf\ind

ri\.RTIV SIG:'ii\.TI]IU.' 5

Pi\.RT " EXlII lIITS

t>' lbhi\. NoticeofRnohnkon

f.. hIM' lI An~ _Discrimi""ri"" ond Anli_lIonssmcn1 P"lic~

It.hlM, C F... ItJI, U

/'m'OIl'in& Diocriminallon ond 11.,.."""", illlhe W",""pl"," _Empk>y<e Train;"i
1'm'Mlin& Diocrimi....iOIIl1>IIlIlIUSIDaIt in the W"""...,. _ Mmap:< Tnininl

"-'....,If. Release""""

PAJl.T 1 GENERAl. PROVISIONS Sortio.IOI [."OO.cti...
The Pl.intiffEq..1Employm<nt Opportuni'Y Commi..ion t'EEex:" or "Commissionl and D<feOOa."lt. Jame"""'" o>n";ne:r Lockport, In< .,doing .....i....... Jomestown C<mtoincr Com;>oni<s ., ilS fadi ly on Grand Str<el in LoclcporI. New Yort ("Lockport facility") and Jamc<10Wll Codaina
Corp., doiJIi bu.i....... J_own Contaill<TConpani<o at it. facility located on W.I~"" M",,""
in 0lee',0waga. New York ("'Cbcd1owago foc ili'lo"X";d DefendonlS are «f...-cd 10 ooUectively
herein .. "Jame'''''''''l hove agreed to reoolve tii. oction by the term. of !hi. Con.""t Dc<ree
t·[Ie.;;r«l" ... forth below. tt is agreed that hm<otown', und<rtak-ing. .nd obliga'ions under thi. Decree and EEOC'.
rich" u.<Ier 'hi . Doer...... limited to Jamesto"", ' , Lockport and Cheektowaga foci liti<o and
pers<ItlIl<lot _ foci lit;...
,hi. On h n uOI)' 2"1. 20001, tile Commiooion brou~' octioo undcrTitle VII of the C ivil RighlS
Act of 1'164, Title 1ofthe Civil Rigil.. Act of1<i1l1. the Americ.... with Di....il;ti.. Act ond tile Age
'*"'..... Di",rimin>lion in Employmrnt Act to = 1 un:.""ful discrimination on the baci. of
"'<gnu><)", lUli",,"1origin, d i....iti'~ 11M .ge 11M to make wbele Jam.. Sciondr>, M icbelle Alberts,
TiJJU1li .... >lid the cw. of irwIivid""b who w=discriminatorily denied 'emporary <mploym""t
by Me <:r more Defmdan". The EEOC'. comptaint.lIeges that Defe...." .. SPSlPPMC failed to ",fOJ individilli. for
t<m~ employment bH«l on their TOC<. KX, pr.gn....,y. n.tional Qrigin, ~i""il ity and 'lJ0. 11>< wmpb.b' further alleg.. thot SPSlPPMC compl,ed with diICrimilllltory «>que... nud< by their
,

WhilinaDoor.
The EEOC'. <OmpWnt <OIIIai.. n• .,.,..,.., 01.... "Iev'''''' ",pnlinl SPS/PPMC. Throoch

Stt,Io.IOl

_n.' ' ' " I The pOrIi......nllOd .. Iho EEOC IDII J.....

<Iofi'" '" _ lin. ocli<o. IDII

oi'.... co booh of uid f",ili,ja "'Oy be oc'l"i,m. " in'" whiclIlhoy moy be n..,*"", OI"..-ilh wloich
II. Thi. eo.-r" Dec_ _1>'" 011........ roo"" in EEOC Cbarv Nwnbe< I'S-AI.
0616, ..bioh ocn":! .. the joriodic!ionoI ....."I"isi1< fOO"....ru.,. l .......• ....... Dritn<lmuin tbi.
C. 'The 1..", of11Ii. Agrume"' I'tJ>I'<'tI'nt the full and ""mpl"'''"""",eltt of the fWtie. _
,

,,""«I "..pon" _1baI uu. o..:.u ouyl>o

i... wi_ Findinp ofF... mol Conc~ of

t.- t.<;"' ...... and . . . - by .... c-t. o. n.u CorII<1lI 000.... _ "'" ..,....ht.... odmiuionby Jon ,n,.."", ""Y vi<:&ationo

of~ """,i.ion. ofTitle VII of.... 196-1 Civil RiVits Act prohibitiJta ""'. and ... diocrim iLllion.

and 1..-.." "","eo ""l' IUCh . iollliooL

S«llooo IOJ l'rvIIibi,t<I COO"." ••• Apn..... t ' . Not Dh<rI..loI.u
A. 1.........."'1. it> _ _ _ and ..up'" bo::ocby ...... iIOI ., reru.. '" tm. 'uq><>nry

cmp!oyeef bDod "" tbei, ..... and ... 0< mo• • t<q..... for _»0<01}' cmplo)'<><ll buc<l <Ill raO<

andIo< .....

oar« "'" 8. l>m<><own. ill .....:euono and "':ps 1....1>)'

to moli... opi... ony

i,. ifldivi" .... boo ' •• doll _ ....... t....ofociooy ofuu. Deaec. _ filed. ~.... or_

o{!hi. nw...

C. Niilhini in thi. Con#n. 0..:_ ....n b< oonotnoaI 10 limit or ~"". hme.:own' ,

obligatio... to OOIilply with U.. NM.. enfo.eod by \be Cotnmi"ion: Title VO of tho 1964 Civil

IUIhU Aa. • ..,'" led. 42 US.C, flOOOo. ... ~, Till< lor .... Amcri " ... willi Di"";1itito Aot.

u.s.c. 42

,121 0 1... "",.. .... Di..,..;",n...;.,., ill Emj:«o, ............ 19 US.c. f6l1 .... .Nil" ond

IlqIolI Pay Ao:t. 19 U.S.C. f206( d).

,

S«tH>" 104 C .....Dt KI Jorbd lotl...
A. 111< Commi""ion ond lamestown agr.. that tIilio COWl hu juriodiotion ,,,..,,. the <ubi"'t ..atter oftoi. iiti2",iOll ond lbe!WI;" for'" dur.uo.. .fllli. Dtcr.., thOl venue i, proper. """ , II o.imini.lntive P'<""'I"uites have been met. No part y oholl cont... tho Vlllidity ofthis Decr..
... tho jlO'ioJiotion o[the red.,.1 di.trict oourt KI ...to>«< this Doc.... ond it. '<mU.
II. The Court ,hall retain j uriodiotton<Her thi. A,tion for lhoduralion of the 0«:. . for ail PUIJlO= inolU<ling. but oot limited to, the <Jtmn&of all orders. judgmen.... and d¢c....... n«:e3S>I}' to implement the ~Iitf provided herein. In any action to cnforcc the t<mUI of this D«;ree, !he COUll will hove full , utllonty KI Qrder any rem<dy the COI!11 deem. app,op, iOle. inoludir.& bul oot IimilOd to, specifIC performance and/or oxtOIlSlO!'l of tilt D<e.... beyond tilt three-}'Ollf tcnn.
~<<tlo. 10)S hnpl< ...... tlo. of tbe Ote"" EEOC and l am<"o"," 'gree '0 toke 111 "'PO that lI1Iy hc n<e<OWy KI fully dJ<ctwte the
'mn. olthi. Conoent D<eree.
Ste" . . l06 A .....d ...~I. 10 Ih e O« r« By mutual COIlX"' of the pmi"", ,hi. COI..,,' O«ree may be amended in the i" ,,,,..,.. of
j ustice lVld faimoo. ond to foeil ilat. "''''tition o f ae DecJ-e.', provi. ions. No waiver, modi~catio" or amenlm<llt o f any p"wi , ion of <hi, Consent D«m: .h.1I be err"" ive .rues. modo in ,.-riling,
' W"weJ by all P>rti.. to <hi. D«ru, and opprovod or ordered by tho C>urt. excq>t thai the Parties
may mu,ually """" KI modif'i the prooe~u,... in S<etions 202 and 204 without approval oftheCou rt.
,

Stflloo 10'1 U...,.... of ,.., Dft_

Thio C"'*'" 0«"", shall .......n in err.c, f.". _ (1) Y"'" Ii-om the crrec,ive <l>.l<of""

do,. I)ecroo. The c[f«,ivc dale of "'" Dec"", ""II "" the: i, i••igned and ..eo"1ed by the Coun.

mf,,_ """"" ...... Oecroc Wll not ""pi", >Pi.... lilY .iparory .....1e ""l'

,..,uinina 10 Ihi.

De<_ . ~ 'pi"" IbaI ".,-y.

Set'.... ' 01 Se>"• .,b!1UI If_ 0< <JlOR prov;.i.... ofllli. 0«"", or. mxlcr"cd onl....ful Of uotnro..-ble • • result

of. IeplMive 00' Of. <le<;i.ion by. """n of 000"0»01"" jwiodi<lion. the: followi", wll opply 10

i....... ~'" the Decree OOIlliDlOCl 10 .fTet\UlIc the i...... ofthe Pan"". ...... pn:Mtiono oflIIi, Door«

,."",,,""'.-tul. wtuclI .. ..,.

~. i.........1e of~ • • .-.It~-.h

let

ron:c ..... 'y,.. OCI ... ~ dociDaoo,&haII .....,.;~ in IbU

cfTe<t, and

the

P"';"', .J;

,.,.;b;li,u

Ii,,,. ""Ito,"'"' &haI1 ...:. _ .10 ""Y aM all provioionto lhol not - . ,......,«1

or lIDmforceoblc,

••up< 11 the . " ent thot the in'ent of,,,,, 00<... """,1<1 be W>demoi",",.

5«0 .... 1" Br... lI ofDft_

Tloc portia ~ thai tbe)r ....11 .to; <Ie to .fTCCiI>oIc ..... implemen' iii lcms ...

.""",,,'i'" condi_oflhis Decree. """..<tcioc fOOd f.1h ,1forU iO

the _ and aondioiono of

lIIi. Doo;Jec. The CommiWoco and J.....lOWn 'ar« 1<> _fer ..pr<linIIllY di....... ..u;na Iiom the

,hi , 1"",lemm,., ioo of Dc<roo. In the ov..,' the p.nies orc "n.b I. '0 ~I... ,hi. dispule. Illy ""Iioo

,

.. lMin& -0 Ibis Dea--ce ....., be 61<>:1 ;" Il1o ColIn ... _ I b i s [)o<no. ThiI u..:.... obIl be
-....I ....... oppIk>bie foclonlla....

St<11o. " 0 Noti<.. be.... .. od>otwise p<o..;dcd for in this Douoe, oil _ flCMiona. <tpOOtI wi
<OIIUIIOIIi<M...... ID "'" p..u.. ""luirool ..... thi. Da.=: ....11 be modo in - . _ d.dI be

...... lbilowina J>OIO<lO' (... thrir dni......' "· ·SOB):

For EEOC;

Robert D. R_
,."", U.S. EEOC
33 Whit<hal SIreet
N~ yon, NY 1(10()(
Fu; 21Z.lJli.l6l3

f.. Jwr "'",,,,:

TIoo<noo E.1I<yII,.. J~ F I e i _ '" MUFI, UP
FleeI Bank BuiJdiq
Twclw FW"IIIiIl PIua Burralo.. NY 1421)1·2292 F. . : 71~.aSS_0432

Mly"",,y may tbatli<"...,h oddfftOOf by "lin"" "",icc '" I"" _ pan;.. thai .... forth •

•

..

PAitT I[

S\'STtMICR£lJEr

'io, .... St.'Io. 101 P..

Dio,rlb.tlooo of Nolka

A. Not;« of R.",I.,Io.
Wilhin ,..(10) da)'l of"'" eff"";.. .we ofillisDo=e.l_ lhall """'!ri<""".1y po<!

...:I""I",j_ • "'No<ice ofReoolul...." "pdi", uis Jowsuit <III !be EEOC lena!. '(IObt.\ed ..
Edlibit A),;" oil _h>emplo<awflctc ""'",")0< &UIiu:s ... , 1' /' n... NoIi<cohall o=ain

• . tEO r..t...
;"me.lown will po>! EEOC PO"'" in p1~"'nisually oe«lIibltlO "f>p,iclI1I,und cmpIoyeeo
of h"Ie''''WII .. Tt<Iui"'" by ftdtraI rqu"'ionJ.

".j., 5«11M Wl N__DiKri"'....1ooo PoIlry ..1I C.

' I o. .d . _

A. Roq.lr«l C.'lO., or roli<le> ••, ' _.... r..
:""",Jlown sholl mailllain _ Of _ ."..,prchtnli'c polloi.. proI1ibiti", all f<XlIlO of

<rnploymnt diocrimi....ion oad< unlawful onder federal 10.... . ).",..10.... , 100 thoU maintain

.ff«li", """",\ainl pro«dures for diO<rimi........ «>mp\ainto which _ _ Ihat • 1horouJll, ioir and

,.1o'0', _i_ '" tnely • .-iplioD of """'~ .... oondlloCl:<l by • q.&aIi~ ond InIined petl<Ml(.) The

poIic-;<¥'po.......:l..... shall ... fonlI J""..

oqw.I oppM..my ;., 0,1 ",«II of

employmn' ond, ... mininNm. ... r...,h "'" followi...,
l. Ade\a;ltd ••pl..,.,;on off""himted oondLlC1;
2. n..u~ l h a t J _ ...ill _ .... li....&*inl1,."ployeeo wm ..w.:.
,

,
rompl."" ofdi""';mination, who oppo>< pr1oO,>teI theycoruider to be \JIIlawfully diocriminttory,

ar.dIOl ""'" pOrIiei)We in prote<led octiv;1y or ..... provk\e informati", ,el.ted to complain.. of

discrimi• •lion;
1. A dearly described wmplUl1 pro=;. !hal provide. occe,sible aven••• of complai" with . number o f thoiceo of individual! to whom oomplai nts ~ be mode. inc1.Mling

peBOnS ou"i<\e tl>< employee', chain of command,

4. 1he ",,,,,ronce t~at Jamestown ",ill II<C<!>I ""Y and all oomplainll &om

pOli<iosl~= employee< Woo wi sh to [0 I. <Ompl. i"" internally, :lie

, dial! ..... thai !he filinS

of anof1)11><>11O complain.. i. pem>ilt«l;

S. The ....ranee tn" 10m."""" will kocp eonfid01'llial to Ibo exlent "",sible

and not publici... unnec<.sarily the: .ubjecl moUr of .... rompl.;n" or tho i<lentil)' of the

rompl• •...,,,;

6. A rompl.int proc<" Ih" pr.,.w.. • prompt, <I>orough, andefb"ivo inve";guion, 'ncl..Jin&interviewing compl.i,w" and .11 wiln<.... and OOUjnin& and !'e>'iCwUl&all mOlai,]<10<""""," iden,iroed by the comploin>nt or respon<!enl to !he exlent MC<""Y to re>oeh.

7. A requirement th.ol.uch inv'o>tigation. be lboroughlydo<umentod in ""';1I<1l

form;

8. UI"'" completion of on investigation into . di",rimillltion com,]';nt.

promptI_ comm"" lu te \0 ttl< """,pl.;nant ond the respondent . summary oflhe concl\lsions mcllOd

••• r«wt oflhe in,ctigation;

9. The ..."'"""" that J.."..tcwn will tal<o prompt onoJ "I'p'<>p,I'l. OMCOt;ve
•

............ i,,,...,,.,i_ """ ~ ...... " ,ed;

""1"_ """ 16. A Itri<I

uy......,...",110 ~"" .. or ......... ofp<..iblo

diotriminolioo rq>orI it immediat.ly; and

I I. J...,."O"," ,h.oll f'I'Ov.....'o"'plaintform""'" it'polici....pnx:edr=s, whicll

r.1o. ma~ be....,;l by emplo)'«'l to

0XImp1.ainl. Tho: po~iooJpoo<ed...... iIIaIl mak. de. that

""",Io)us"'y maR .... or....,;..... """'P....... 1M that ""';1I<fI ~.- ..... be: iIl><Ie ...

!he <:Om.1IOnl1'orm.

I . U : OC App'..... . rhlld....d "'Mcd• .-a

EEOC ..... opproved lUll! J""","",wn No odopted !he ..tIclIod Anri·Oila"i minatiOll ..... Anli_

a - i!aruaroenI PQlicy prior to ,he .."" ..iOll "r!hi. Decree (fulubil B1, and

polioieolprocedon:,

""I.;""""'" ..,illjoo <'Ie

in~"""" A obo,... Undt< no d,.~ No tbo: EEoc, by

m-iewiq ..... ,lo.inaJa.. II'.... '.""ri.O"U ...i......... ""Ii.H." ...... Po!;cy,.......,i..

..".10 ",.-.:sIipo<or litipor acoyal...... violoCioooff«lr<al bw mf__ by IIIc EEOC. mned to

or ""'''''' ,.,.,.., "'" ~1cmcmMlon of acoy ouclI poIky.
C. 1.....« "r 1'oI1...o.IP._d....

_n "":.....otown shall i..... i..""".OtIC';mi"..,,,,, and AIlti·H..."""", Policy 10 aU <IDf ~ 1101 ""YI of "'" em.:..Ye date of tIliI 1>0:..... The AIlti·Diao::rimiDalioo ..... Anti.

'or 'm.... H.,

Policy 0/1>11 be irIs<>ed willi I lei.... fiom III< 1'<010"'1 of eoclo

1.-- DeiI'm...

IlfImlirJ la"Il'"'''''''' """"'"_ 10 ............. """'" ..,..;, _,..... free ofdiv:rimina,ioo,

J_ _ _ dull ...dlOOk "'" AnIi-[)itcrim'natio, ..... Anti·Han.. ,...~ l'oI;"y ill i.. Err:ploju

11....._ . JameoIOwn sholl f'I'O,ide all i\OW emplo)"<"" with copie. orllIe Anti·Di scrim'no"011 and
, ""'i, MI·Ht ............ Policy within Ii.. I') ""YI of tile ~'of employment.

r _ .. I . M""illutlooo of

cI!'roc........

A. lo ltlal Tn.I.I,.
"'itllin lixty (60) da)'l of u... effotti"" due of the Docrec. hm• •'o"'~ wll """"001 the
""no, .",otIoupenisory <mph) •I. ond (e) ht.wnan reoour-<e omployoct (........., • ExlIibiu C ODd

. ""d. b .~ .. <

material boc.. of the 0...... on<! & Cowtlhall II<: _,('eeI oflb< bo.od,.

Wilhin 1m (10) d. )'1 ofe..h Iraini"1I "'on. J""",_ shall I'",.ide II>< EEOC ...jth an
..,cndaO<e o/><d tIW incilldcltll< dale. ,.... """"'" ofthose ill ..t....unu ond til< litp1atw"os ,fthose
"

tho toroa:h.

(2) ' - s of EEO ............. <latribed btlow in ~ 4. Tho f.!we of , _.... 10

~oory~""',lbed prov;.!elVl'O(2j bouBof....... l1'li;11;,,10

oed .........01

ro-(4)boonofEEOtninin:c .. 1 2 'ib<4be1ow ......~4. Thofoi.... of'--.olo
,"0._ ro. (4) boursof..-II1Iini.. 1O "'-'<Jlll0IIP<>"~ ..,... ) ' .....1be -I ,.,.j •

J.

A••~.l Trol. lna for lIu",•• R.,•• ",,, Empl.). ..

On.., lWlual b.W'. """"0"'" will provide oil hum"" _e<mplo~ ...jlb >lieu! four
(4) _ otEEO tnini:na" _bed below i,,~ 4. Tho ,...... of 'arneslO'WD to

"

-

oqooaI""",...... ~.... 1tIe ""1......._ ofal' oppIi<.oblo

"""""';ry\aws in<1~but

111<,.....,.,. ... 1;",;I0Il 10. Title YO oflh< 0 ..1Rip....... of 1!l64," m_' ·~d.

Discrimi'Ulioo

Ace. lhc ....11< DilCrimination in Ernployrn«ol Act, ~ Amcrio"", willi Oisabi hlKa Ad and Ibc E~ual

Pl Y"'"" and • review of Jameotov.'n". "",,-diserinin.ui<>n J>Olid.. and pro.:ool"reI with p.doular
-"'ft. cmplwio 00 (be """",I';", II'
\. Fe:. _ 1 1............... ..t _........,.. emplo-. mt.uctioD ... MY

pO!icia..t ......i<......... ~t..I IOIhioConoaoc Doetee ...i;......... onlhc,....;6< l'tqIIu<nKu1S

ofthilC......... Decno .... "'" pn>p<r pt' ..' ..... br 1......diDS ........"'"""*ofdiocriminarion CO'
l'Ir*u .ot,,"

C. !I..pordag R<q_hm,au for T roial" ,

....n <mplo)oees _i"g ...y traini", oaaion dcocribtd in II>< ...... ~ iIIa'l prim
ond ....1lIar1\lU ....."""" ...=' , ....... W'doin .... (IO)~of. .«ompleIioIImylni....

dooo<ribod in Ibe pr««IiII;I.,.,..,....... JOCi "'..... dial! pn>vidot Ibe Lq;al Uoil ofltle EEOC. New

Yon: DiMtin OffICe. 33 Whiteholl S........ ,alloor. New York, Now YOIt 10000I (ottcntioD; Robon

D, R<*). with """ieo of aI' otIer'Iilanu ,,*<,.

D. Pre.T rolal., Nolllk. lkI. It"'!_....,."•
w.. ." ~ Ihirty (30) dol" prior 10 OIly .~I«I ~ under S<ction 1 _wiU
pnI'nIItlbc EEOC ""'"'" of!be oSaIe. u_ lind IocJliott of"'" _'Ied ....nm,. Tbo EEOC. .. ill
di....tiM, ...,. . . - .woo:! ·t 22 ...... or ....., of .... train;", ......... md ....y ,.•••

re<oIIIJ'<mJalieJos 10 Ihc: Irain« .. ..". ..... "Me U.....

"

Ihroo (3) years from ,lit dTecu.... do,. c f tho Ott,.. ,hrough ,lit inspec""" of]arncotown·. pranioeo
""'"Pliu<c.,.;th \be Conacro< Dectft. upoII faOOI\obIe IIOIice '""" !he EEOC.
B. R."o..U., 11"'1.'''''''.'' .'" Oberl",lu,,,, , C.",pLI.b
I'w the d.mtion M ,hi. Doc...... tv«)' tix IOOIlths bqiMina oi. """'till ,1Ier the efhti.. dot. oflOe D«re<, Jom<sto..... oh.all p" ..i<\o . ..,n.", 'epon t. the Lop.! Unit of the EEoc, New
....... Mthe <ompwllllll, .... _ o f the all'Fd honosoer (It di..:rimina'(It•• list ofacltstq: taken by J_own dLll'in3 the: inve>lip tion. 0 ",,"l1\li)' of the compl'int. the Ioc:Otio!l. ,lit results of OIly In~..'i"tion .fthe """pl...t. and ony ..-i,1 ~ion taken by J....IlOWrI.
,r inf.,...,lIioo!: ,brnkdoorn by ra<e ..... J<' d ofall t<rnpDr>I}I >pn<}' ernployoeo _ by J.........11
dLlrina t•• •1. "K""" period. and the """.. 0f lomporwy ernpio)'ll'lttl' .i....d .. UKd by JarneMwn.
"

..

Soctl... 106 Compll..oo "lib Rtcord· k..pial Rtq.I...,....
,io. A. R«o.d .......
For the dU""ion orlho Decree. Jome"""'" _ to oWn" .in ruch rcrords .. on: n=..ary to demoulralC ito ""mpH""". ""ilb 29 C.F.R. 1 1M2 in oddition La the follow ing record, TQIIuired by Ih< Decree: traini", .n<T<lan« Ii.... I>OIWIUcriminatioo pol" i.. and procedures. trainil\i 0101"". 11 and olhet report••«[uired bylh< Decrc<:. Iam..' o""" oh.all verify that !he "'pons SIIbOl;Ued pursuan1 to l/Ie Decree .... ac<""'1<.

S..tl.oI01 MI...II....... ... M'• • gem.. , £..1.>1;.0 .nd ""«I""lob UIIy Policy Wi, hi" ,lire< (J) months of til< <If <<.i,,, due of the Decree, j am.>town shall odd • fac1<>r
_ " "..i"1I compii""". with Jam.".wo" , oon-iliocrim;notion polica and proccdurct, ond with foo"'" 1I1ti-<li.rnminMion loW$., to perform""". ""oluati.,.,. for .upervi..".. .tId m... gen.

PART III .\lONETA RY RELIEF FOR CLASS ME~I RF.RS

S..,,;oa l OI C I.I .... Fund

A. E. I.bli,h""., .nd Coo,rol of lh . ......d

gant:"" }. Clai"" Fwwllhall /Ie est.blish<d '" ,,'n:pensa!e cJ... rnem1><n All ' '''''...

<he

CI.lm. Fuoo, in<ludin~ the nolifieation. ideOlific.alion and distribtltion ofdorn'Se> to <I"", members,

sholl .. ~ by the term, . f !he Co...", Dccroc: between EEOC and D<for.donlS SPS/I'PMC.

"

aI_,... If Sl'M'PMC and EEOC do "'" ...,.. ....., • c - t Dea<e, EEOC shall impkmml.

~ be tbc CIairnr!'wld, ;ocludina ""';fi;M;oq. idmtificociOOl ..I dialribuliorJ of 4amapoI

kl til< ,1_ member$, on notice '" JIimCsIoWn_
B. J ....,. ... h,__,,, ,a..CIo" V. ad

lmmodiotd)'"JIOI' ex",.,;"" or"'i. Dt<::ee, in reool.ti.,., of .... EEOC', ,Iainu <fhi";'"

dill<rininIII;"" b-..I.,., _ ..I"«.J........""' ....)( poytbc _ ..... of$2().OOOinro .... Cloimo

Fund. if_.u.s. in • _ ....iIi<d by EEOC ..1.... . -" In",";'ina:..... lift_{I51 days

eJ<"'"';"" prior to 'i><

ofthil p..,.... If . Ct. t"" Fond does "'" •• ill" th.aI ti ..... 0< EEOC boo!lOt

,',....,shall ....... speciliod,DWIDO<ofpo)'lDC'llOl.roo - 1.IaOi

~froa> .... ElDCond

dWl po~ tho 120.000 10 ""b per-. or entity lI ....b tim< ontIln ...h I1\aIIIler 01 EEOC ....n
instnoet in wri'ina. within fin- (I') days ...... rem"", -.to ~

C

~~

R._ An penorIO I'O<.;,t"ll payment frotn U.< C\oimo F\IrId '" other paymen' modlaniom

~ bytbc EEOC _ be reqWmI to "".....

ill tbc _ .n..bod 01 ExIliIiI E ..

.""h • <»lIdo;"" of rt«!';nJ ....b paymen1• .or><! EEOC dWl "",.ide topl.. of , II

Reluoc. kl

comp""" lornnlOWll ,..;tbin lIi.ry (60) days o/Icr

oftbc poyme<I' pi'" u.

"

P~R1IV

S ICNATURES

t.<h Ii~ 10 1hio ~ «pr" :, ... IN< ~ i, fully outbori-.11O <>«II1.lI\io _

w"'*" and 10 bncJ the pmi.. on

bo1Ialf 00<h Ii..,..

DaIod: S. f~t ' t:,. ."l ,lOOS
EQUAL EMJ'LOYME.'lT OPPORTtOOTY COM:>1ISSION
m 0e;·
EIiUbot ~'" ~otin& Roponol ~UO<no}I
\..I.. D, SiItiD S_," .....7 Trial ~"""'"Y

JAMESTOWN CONTAIl>"ER OO~ .
•,/...u.tAL
T/il~ CoO .
y' ,J7 · o.s-

N.... Ycrt Vi ""'" 0f1ice )) Wlu......11 S....... S~ FIoo<
New yate. 1'1..- yort. 10000I
(212) ):;6-3108

"

•

E,dlbU A

EI.ibl.8 E••ib~ C [.bl b ~ D

Anti·o;ocriminaI'" IIlld Ami.It.

Policy

P ' " '' ' '

Pl ....' ;.., Dio<:riminoIio. ..... HOI ! _ .. die WOlk, '

- ~Tnoiniaa

Pre......;". Diocrimi""ion ond H......."..,' in the WO<'<j>\acc _M~ Tl'iini~

I!:.u,>ill! Roe-Form

 </s> UN ITED ST,4.Tr..s DISTRICT COURT

::-C-CC:=-====-' Wr..sI'KR,'i DISTRICT OF NEW YORK
ROU",••:MrLOYM&Vf O' PORTUSITY

C O W - f ISS IO N.

PIa."iff.

, , ,

SPS TF.MPOIU.RI I:.s, fI'iC.;

PROrKSS IOI'i"' . PERSONNEL

MM',4.C&\n :NT CORPORATION;

JAM£STOWN COr;r....' NE R LOCKPORT•

•,..C. dol.~ bu.'....., JAAfESTOWN

CONT....INRR CO~tr.o.N[£S; J ....M!CSTOWN

CONT" ' NRR CORl'. doio, b..i.... ..

J .....\ IESTOWI'o· COIOT,4./SER CO~IPANI E.";

_ ...·HlllI"C DOOR ~IANUf""CTURlNC
roU.

,,,,

CONSENT DECREE

-" • • "

T ABLE OF COi'o"'~V1'S

rART I

CRSF.IlAI. PMO\' ISIOr."S

Seo;:t.. 101 Ino, I"'""

SOC"" 102 I'iup<>oo of .... Decree Sootion 103 P",hib;,oo! C<onolOCl ... Iojuo>c\;'" to Not Diotri ..;I\MC

Secti.n 104 Consent to Juriodklk>n

s..:.i.., 10J Impl.,...,.!>,;"" of'he Doc....

.......-1. Section 106

to 1I>e Dot....

Sec,*, u» OooniIioon of1l>e Dr=c
s..:.;... lOS SC....bilily

So<t;onI09 ar-loofDecree

s..,;... 110

'AMT II SVSTr..\I IC RELIEF Soclion :!(l l Po"i"lll1\d Di.tribtltioo ofNoti, .. 5«lion 202 NQn.DUcrinUnation Poli<y OJ.! CO<ttpl.i", Prt:<:edUftO 5«1"" :!(lJ [l.......,;on.1l11.Lft Blank)
.....''''' 20f TniDiJot
Moniton.. OJ.! Rqxoniola
Il<qu""""'"_ S ""', 206 CompIion« .nth -.keepiDf;
,

cuss ' ''-IU 1/1 MOSfTAlI.V k£L1EF tUR

~IF./I lR tRS

s.a.",)01 C\MSSdI_ Fond

p,,-Rr IV SIGSATUR£S

PARr v I;S HIIIITS

"'''~~ A t.:••~~ B

NoI"e o( Rto<>Iutioo.
Wlliq f)oor'.1'o1W:y ...."D" H.........u and ~

Il.UI'»t C T...... 0IIII....

IhW>k 0
110.101, r.

1.1.......: A,,,,,l>bi.li1yofT......., V;,s",

_.,.,y 1.1..... 10

T~",. Video

",.101, ~ Releaoe

"

PART I

cr..NI'.RAL PKOVISIO.';S

S«riom 101 I.I,M.,II••

The PI.;nliffEq...1Employment Owol'nruty CommiBioo ("EEOC' 0< "Commiss""") and Def«>olanl Whili"i Door Mooof>cturing Corp. r'\\'hiting Door") have ogr«<I to resolve this octlOil

by til: tOTTTl' ofthi, Coo..... O«ree ("Dectee") .. set forth below_

On Jantl2ry' 27, 1004, the Commi.Jioo btooght this >ction under Title VII of the Civil Rij;hl$ A<t d I %4, TItl< I ofthe Civil Rij;htsActofl?9 L tbe ~ with Disabilili.. i\ol an< t"Age

Diocrimin>\iOll in Employment Aot to «>rrect ..,Iawful diraiminatoon 00 Ihe !=i. of nce, II<X,

pregr,ancy, national origin, di..bi lily and >se lUli to make wOOl. James S<iondn, Miohelle AIb<rt.,

Tonuni !set and the ,I... ofindi.idual, who w..... diocrimin.atorily denied temporary ernrloyment

by or", 01' more Defendants .. _ed in the ClIpt<HL

TIte EEOC'. compl.int .llege., ;"1'<, .Ii~, !hat Defor<l.nts SPSIPPMC f.i led 10 ,del'

illdi vidu. l, for temponry employment based on cheil' roc., sex, pregnmcy, ""tioruol origin, 'i,ability and '.j<. The "","pioint further .II<~.. that SPSP.PMC complied with diocrimi""""Y req ...,. mod.

by i",clients fortcmponryemployees based on race and ><x, Includins Defendanu James.,..... and

Whil1lg I">o<.-.
Tltrough this oction, the Cornmi.<ioo oeel<. Injuncu.e ",Iier mel monetary dam,S" for al l

illdi vi~ual• • ffectal by Defor<l,,"u' diocrimi""lOT)' ""...

S«I;'. t01 p.,.,...ortb. D« ..... A. The panl••, defit>ed .. the EEOC ""d """ilin8 Door, den... to "",Ie thl, ""iOll, and

.0«_ . . ,h=1Or-o 00 .....eby lIip"I.,. and comrnt to the entry oftlIi. D<>cree.. final IIftd bindini _"'" the

parti.. and its

iiJ'ls, ",\>sidi"';.., .mlines. and anyotba- """"",>Ii"" or ot~!r "'tity

into " IIi,h W/lhin, Door may merge or with wh:ch it m.Yconsolidate. W/lj~"& Door wI] provide

notOC< and • copyoflhi> Coosen1 O«",eto ony .000..""'....i~ oub. idiories, .mli1tOll.and any

0Iher COfJ'O"'tion or 01.... "'tity into which ""1 ofo.fendonts may IIl<rlI< or wilh wIIia it may

eonsoli<lale. B. TIti. Con.."t 0«_ ,"..,1... • 1 ;..uel ruse<! ;n EEOC ~ Number 16S-A1-

061 S," h;cr. oerved .. the jurisdiction. 1prerequi~1< fm nllming Whit;ng Door ... o.fendzlt in !his

c.... Tbe 0«_ does not resoIv, any ,harge orj i.."nmi""i"" cwrently p<ooin, before the EEOC,

or any olt1tge tlut may be f,led in the fu tore, otre. than tho olt1tge hsted """ve, EEOC .....".'.. all

rights to procc<d regorditli m.tt... not covore<! in Ihi. C""","t Dec"",.

'<rm> C. The

ofthil Aveancm rcpr=nt the full and complete O/IJ'<'CIIt..,t oftl>< p....i...

The porti.. ogre< 11>01 thi. Dec,..., moy he ""tere<I into whhout Fir>ding. ofFoct and ConclWom of

Low ~if18 tnllde and <nterOO by the Court,

S«ti... 103 A,

_en. Problbll<d Condu ct aod Ini " ""I• • ' 0 1"0' DI!I<rlml. OI<

W/lilitli Door. i..

olf,cer•••~enl'••'"'"....,... ond "";8"" ore hereby

aJjoiood from ref..ing to nire tetnpor>ry omploy= bu<d on tbeir ... and from makingrequc.ts

for Wt'I"""'Y employee.lwed 00 .....

B. W/liti"g 000<. its man. gers. om"",. ogents, WCCOlSOlo, and ..nins "" hereby

bee,,,,,, or enjoioed from retali,tinK. goi"" ..,y iooi, idu, 1

thai i"divl~U.1 is • hendtdarl 'hi.

Docrn:, h.. filed. comploint. or las provided idorm.".",....iSl2nc<. or parlici~ in ..yO!h<r """"'" in !he in>."igali.", or lotigaIioo oflhi• ...,tor.
C. Nothin, in thi. C<HIKJI1 Oo:<reosi.all b< COI"\IU<d to limit 0< redu<. Whiti", Door'. oolil!'1ionJI to comply ",ilh !he ".IUtes ..f~ by the EEOC: Title: VII of It!< 1%4 Civi. Rightl Act, ...rnmded. 4~ U.s.C. i2000..~"~" Title ! oftb<Arn<rioMO with Di..biliti.. Act,4l U.S.C. ~12IDl. <l uq., A~ Dil<rimi",,,,,,,, in Emplo)'"Ol"'t Act. 29 U.S.c. §62 1. " "'I.. and Eq...1 Pay
Act, 19 U.s,C. ~206(d).

s«"•• 11).1 Coo",ollO J.rl,dl<llon A. EEOCond \'Ihilill.llDoora.groc:lta, Ihi,Courth..juriodictioo o....-,be",bj.<i malt«
of thi< litiptioo and the i>arli.. for !he durailin of this 00:<= th.. venue i. proper, and .11
rodnti"; " ...tivo pnnq.i. i",. ho•• been m<I. No "",,y $/;111COIl_ !he v:tlidilJl of this 00:<... or lhe juruacti"" oflbe federal d"tri« row< to enforte this Il«r« and its ,""""-
B. The Coun ohoIl "".injuriodiclioo overlhi. Action for Ihe duration of the Deer<>< for
. 11 p _ iocl..Jina. bo, IlO1 limiled to. tile :<ttering of. 1I orden. j..Jgm","" and d<c= ..
nc.oe>;a:y to impl..".." !he relief provided be";" In ""Y "'tioo to OIl for<e !he terms ofthis De<ree. 1he Court will hove full OIltOority to order arty ,o"edy the Court deeou appropriate, ioclu<it\i. but not Jilli,ed to). """,ifoc performanc< andIor exte:woo of tb< 00:<= be)'Orldlhe throe_yw-t<:rnl.

..-,.,Ioo. s«u•• lOS Impl•

of tb . D«,..

EEOC .00 Whiling Door Ogm: to take " step> thOl m.ybe"..,....ary to fully effortuoto!he

,

$K.k . lOIi IHn..d ....1I 'O ' .'''''''Tff

oon>rn' l.Iy mul...l

of the pani... Ihi. (OOoenl D«= may be .....nded in the inl<:r'" of

JllSlioo ond m...... ,..., \0 fociliwe •• oeutioo .Ithe: 0..:...:'. p<o"isiona, No"';va-, modif",",ion

or """'''''"••" .,rlD)' ..ooi...... of"". eon.cn. 0..:...: >IWl be .lfOCl"'" .,Iea "'""" in wrlti.... :C", ~<ed by 011 F.1ico 10 IhiI Dei: IMId _>ed or ..da"" by!be Court, ocept !hal "'" Portieo

IIIOl'ltIIIIIOlty_1O modify tho ..",,,,,..... ;,,5o<ticdm "",WoIwilhout.."....,...flhe Coun.

S..oI.. 101 P u"'Io••f, h.IItt,.. .... Tho:: a or 0..:...: IIhoII """';nu. elf"". fiIr three ()) ~ from Ibe .lfe<:li"" <Ia<e
"* of Ibe 0..:...:_ Tho dJ«:ti"" dole oflllo o.a..: IIboIl be tho ~ It Iijn<d IMId ....,."01 by che
c - . Tho~ohall"'" .............. ID)'Apmory ..-hi1e ID)'mf_ _ 0Cll0<I "1 Ii.,
.,...... 1haI';JII21"'Y_
ll. lrtho: EEOC ... "",ified \\!hll,,,, Door in writinl "",Ieu!lo.., IS days in ><i.-.nte oflho: l<mlinaliOll .flb< I)tcr.,. !loa! WIIJ'inl J:ooo- i, _ in """,~Ii"""" wilh ...y "",Ii.,.. .fthe
De<nIo, WlIj'ios Door', oIIU...- unoIor tho: Decree Ih&II remain in .fficI ""';1 III< EEOC
«cau,,,," ..... Yt"hdi:l& Door It ioo """'plion<c.

Sot. i.. 101 S.....bllll1 If""" or more pro>i, i"", .f lhi. Deem: .... r<n<lered ""tawM or """,lbrcuble . .. ""ul1
•

r-ua- implmoemw_ oflhi. D.c.<- lD .... evao. ....

_ I t II> .....1•• Ihi. di....... ...,.KtiOILI

_ a . m . ..Iaoiq '" (h" 0..:.... MIaIl be: filt<! in "'" Court thai

0..:..... Thi. ~ oIWl be:

Ste,I•• 110 llio,k<•

.... ..., ""'"("'''-~

-.):

f ... EEOC:

Robert D. R.-
u.s. EEOC
,

11 Whitebll Strm j O floor New Yori:, NY 10004
Fu; 212,;:;/;,>1;2,
MamW.Peny Hoog>OllR. . .
One M&T PIau. Suil' :woo
Buffalo, NY 1420)·2391
Fill<: 716J49.0149
Any ~ m.y ohange such oddres><. b,wnU<n lIOIio< "' the 01"'" patti.. !hat .... forth • <><:w oddr... for this pUIpOOe. Notv.'ith.WIdill,l ' he provl, I.",. for "",ification containcl in thi.
P""w>P14 t/'Ie P>rt'" may. ofter .greemen, m<rnori.lizcd in wriling. ser<I . ",11 0_ such
notif"",ri~ rq>OIU oII<l eommw,kali"". by ..,.;1.
PAR"- II SYSTII:.\IIC REL1£f
SNIt'. 201 Po.U_g ond Di"rlbulioo or Ncticft A. Noti", or It..olutto. Wilhin teo (I 0) days of,he "" """tlon of thi. Decr.., Whi' ing Door sball """'I'io""...ly pol'
on<! ",ain,ain > "Nolice of R.",lu, joo" rep;rd:TllI lhi. I.w,.il 01l EEOC let,erhead (an>ehed ..
fulli;;, A). in on prorn;n<1rt plac<. where employee ""'ic...... po>tcd, Thi' NOIioe ,h.:I remain
P"",ed for the ,.... (3) ..- d"~iOll oft/'le Decree, 8 , £[0 r o..." Whitin, Door will po>1 EEO PO"'" in ploo,," ......lly ..:oossibl. 10 opplie>n1S and
•

empl>l'«" of Whiting Door .. '"'l"ired by fed<r>l reSUJujoo<·

'io. &ct.... 202 N...·Di" ,; mi.. PoIky ..4 Complaint Proo<du,es
.... lI-oq_I,<d C. ...", . r 1'<>11<100 ...d P'o«d u,es

Whi'ing Door .hall mainwn comprehco';,c pOli<ieo prohibiting 011form. of .."poymenl diocnnination nuok W1lowful under ftdenl !>.w•. Whiting Door 01$0 ""'II m.ainwn . ffective

oompl.int proc«l ures for discrimination oomphin" ..-tuclI <n5UT< thot • thorough, fair ard timcly

iD'-eoIilP-tion of compl. i"", .,.. eor..!ott<d by • q",lif,<d ond troinod »<1SOI1(.). The pOlk;.. and
procodures shall set fooh Whiting Door', OOIIllIlitlllOJll to oqu>1 opponunity in . 11 ''1"'''''' of
=ployment _ . .. . mirumum, set forth II>< l'ililowing:

L A <letailcd c plonotion ofprohibil<d conduct;

2. The 1$SUfane. 'h.t wru' :ng Door will not reutliotc Oiloi..1<mployoes wOO

mal:< com~lain" of discrimination, who _

pr>etie<, lI><y con,idot to .. ouiowfoliy

P""_ ,.I.ted di>crrninatory. ondIor ",ho portl<ip01e in

octi.ity or woo pttwidc informati""

to

"""»'ain" of disa-iminahon;

J, A <l..rly described com,l.iot ]>rn<'" th.. pro>ida occes.ibl< ."""""" of

com»'aint ",illl • mllllbcr of choices o f individ"l. to whom rompl'lnlO <an be mode, i""Juding

~ outside li>e em p)(lyce'. thain of commUld;

'<;''1>' 4, The ...~ that Whitng Door will

ony ""d 011 compl.inlS from

employceo "'00 wish to r,1< complaint> in1<roolly, The policie, dull state that ,i>e fi ling of

aoon~ OOIll~I.i"" is ~i"e.i and illclod< ..iegllMlh to preserve the """"ym.y wh",

, '"'lU«1ed by. complainant 1o the: ""tent po..ib" and con.Uoten, willi II>< I. w;

s . TIl< ...uranc< !hat Whiti'J Door wi II keep _f,<\en,ia, to th< exrent ."""ibl. ond ,.0( »IIIllid... ~Iy lbe ...bjcc' ...ller of the CQtIIplo.in" or tho i<\en'i'} of ,he

6. A cornplaint proc. .. tht pro,idcs • prompt. thorough. ond . ffeeti,.
.n in......gotion, iocludinl in'erviewing «>nIP1.in.., 0IId witnesses ond obutining ond =i....ing oi l
mOlena! doownent. identified by the oomplai...." or re>p<>n<knt '0 ,ho ."tenl ncoe.wy to reacb a ,•••0..1>1, conclusion concerning tho allegali<n;
7. A 1'«Iuir<ment that such .w~igat""" be dooumented in "..ri,,,,,, f<:nn; ij . Upon completion of on invc>t igO'ion into • dis<riminatioo OOIIlp'aint.

prom,tly cornmwtio..e to the eomp [iii n",,"OO tbo respoodent • summ:uy oftbe: coneIu, ions "",I>od

... ""'"" orthe in"<Stigatioo;

= ,i,'. aw'Op' 9, TII<:ossuraDC< tlut Wbitillg Doorwill takeprompl and

;01.

oc,ior. wl>en it del"""i... that diocrimin.tion hu 0CCUJT0d;
10, A stric, ""l u;rement !hat any owuget" who observes or lean" of?O"'ibie discrinination repon it imm«li" eiy;
II, Whi,ins Door UIalIpro.ide .complaint fonn with ito Policiaond P",cedureo,
8 . EEOC Approva' of Polle'....1 Proudu ,,"
wtUting Door bas odopted lbe ""..:bed Polity AgOin" Harassmen, and D,ocnm;n.t:oo prior

l<t lbe<>ccu,ion ofthts IJecre< (Exhibit B). UndeT 00 d",umstmc.. bas the EEOC. by m'iewillll

Door·, and 'pjlrov;ns Whitiltll

I'<>ll<y Again>! Haru......' and Discrimination, waived it> right to

in'·....gale or lit;~t. my allq;ed viol.,;"" oHed...al law mforced by the EEOC. rel.1od l<t or

""ult:tlg from to. implementation of illy ruch policy.
•

c. b ••• • « of Polici<o . nd P...,..d..... Whiting Door ohall i" "" its Policy Agoi"" II..-nenc ond DiKriminali"" to .11 =pklye<. wit!U. lhiny (30) days or ' he ..«uli"" dal. of",i, Dec"",. The Polici• • and Proccdur<a;hall he i.net wi lh I leiter from til< P~t ofWhlti,. Door . ffirming its romrnilmettl to mainlalning .
work environment free of di",rimin1tioo. Whili ng Door ohall ir.clocle i" up;l>ted Policy ApirlSt H.....,mrn, ,TId D; oorimination in ito Employee Handbool:. Whiti", Door dIaIl provide.1I ".... empl"y"'" w illi cop;es of!he Policy Against H.....,mettl ,nd Di""rinti nalion within ~ ve (';' days o f
the ccmm=m<nl oftheir ""Pklyntenl. D. M<>dIfl.. II.. of Pollcl....d PIOC<d.~ If Whilinj! Door wi""', ., modify ito Pol"y Again" lI..,....",en, IIt'ld Discriminalioo dun",
the t<1ltl of !he 0..:...., it ohall do '" only . ft c:! ",bmitting til< modified pOlicy '0 the EEOC rOt review ond m:ommendations. and receiving...:" r=mmendMiono, ;r anyin writi",. IfEEOC doe. "'" ..bm;, reoommen<b!ion. within tbin y (30) doys o f r«:eiving the amended pOlic~ """'or procdu_ Whiting Door moy pO" or di,ltillut. !he ".... Policy Against Ilara=nent ond Diocrmitlation.
s.c.i•• 20<1 T... I"ln1
A. l oiti.l l ·ralolng I. S<ke<Mln2 of t~. T ulolni
Within ""ven'l'""fi ve (7') <!.oj'S ofthe dfcrtive dale o f the Dccre<:. Whi'ilt/! [)oo<shalloond"",

the ~ """" ini, i.1 lraining pr<>gr>rt1, for.1I (. ) m~t emplo~ (h) •..,......;sory employees, and (e) humon TeSOllfC< employca (Traini n8 OUlline attoched . Exhibil C). The

trainiap sh.ll he rondoote<J by .nomeys '\'nn< S. Simel and Brendan B. Kelleher 0 f I!odgson KO",

liP, The failure o f Whiti"ll Door to rondu;t initi. 1 lfaini"ll _ ..... for . 1I m' nogem""t,

,upervisory and horn"" reSO<Ll<O employo:<o "ilhin . i,ty (60) days of the e!Teeth .. do" o f the

Dc>er<e sholl he de<med . malerial breach oftil< Decre< and the CoWl shall he notified oft"" br<a<h,

!,

C • • " • • of tb. TT>i.i.~

The !nitial lraIning ....1l review the righ:s and responsibilili.. of employo:c:' undO! fctknIl . m i-docrimin>lioo laws.oo how such I. ..~ d<:fl"" unlawful d iscrimination, The ,...i"i~ ohall

inclU<k «","pi.. of unl.wful rond"'1. The <rain,"s ...., wHI cover Whiting Door', onti·
di",ri."ination policies .00 f"'OCcd""" wilh panicuilif <mph..i. on lhe inl<mol co,'''ploin~

invaligation ond rem<diali",,»IO<O<' ond "" OIYP"'l""'" right to me with EEOC and stateo. loc.1 ",,,,,,,os. The training >hall he four (4) houn in dunlion,

3, SOhedulint oRd C.~l]r....tlo" or Trol. lnl

Within l<n (10) d.oysofony t...ininpe..ion, Whiting Door .h. 1I provide lhe: EEOC ...ith On a1lmjo""o ,heellhat ;""Iod<o the:.we, the n~ of ....... in atlendonc< IlI'Hl the ';gnot"",.ofthose

in .tlmdonce. 'Ill<: failure ofWhilin, Door to provide: oIImdanco ,heel. wilhin I<n (10) days ofOIly

t",inil g oeo,ion, £h,1I he de<mod. motorial b,..",h of the Dc>e.... and the COwt ....lI he .a,fied of

thel>r...:h.

B. T"i~i.; ••d I DformotioD R...ur«. fo, No• •, up<rvi.0l")' Employ...

With," thin y (30) d1YS Qf tt.<> .ffec"ve ...., of the Dc>eree. Whiling Door ...n di~.ribute 1

man< to .11 employe« ~gardin.g tho: .vaiial>ikly o f vidc:o top< and prinlo<! rnalaial . ro Equal

Empb ymem Opportunity. anti-<!iscrimin.>tion law>. and Whilil\i I)oor', J>Olicios and pn:ccd"res (. nod1al .. Exhibit Dj. The maleri al • .tall be provide<! to anyemploy« upoo demand . Iona wilh

the n""", att3Chod .. Elt!Ii!>it 8. Whiting 1)oor .....11 maim';n ,,,ffici.,,lq...nt:l:.. of the tapes mol

mot<ri.15l0 immediately meet <mploy« d<marJl for ""'h materials. Non_oupeI'Ii><>ry <JJ.p k>yeeo

..,..,1 £hal l"" be oompem>led f{lf lime

",vi."il\i the moteria15, The foil.... of'Wl1iling Door to

provide the video tape and printed mat<rioJ. '" ooo"'"l"""iOOl)' employee, ""'11 be <kemed ,

m. laiol breach or the iX<r« , ,..) tbe Ct>urt 011011be r>Otifoed of the breach.

I. ", n"",1 T ..I~lnll (o r .'laa ' g.mn t .ad S. """,I. ooy E mplo}'tfl

On an ." n" , 1\wi>. WIUlil\i Doo< will provide """,,"iso<y and mllrnl8<ment arrplo}«. w illl

.. I""" fow (4) hou" of EEO training. The tailure of 'WI1itin8 Door 10 p",vide four (4) tIouts of

0/lIl ",I lrai";08 to .upervisoly and monag<mCII' nnpIoyees wl1 be deemed , nuteri.1 b"",," of the iX<r<• .00 the Cou~ wll be r>Otir,ed orthe "'~h. Whiting Do.,.- will pro,ide ot l. . . 1hr« (3) ..,.,",1 ,,,,i"ing< dllring the throo: (3) ~ durali"" oflbt D<cr«.

1.

A""u ol n-a l. 'nl: fo r l1um• • Rtso""es Emp lo,...,

On on annual \wi>. Whiti", Do.,.- will .""i<l< oil hum"" ,..""""'. arrployees wit, at l...t

';glU (81 boon ofEEO training. The fa ilu", of Whiting Doc.- to pro,ide eight (8) OOuD of annu, l

trainina 10 human resources employ«> sh, lI be deemed 0 moteri.11>ttich of the Decre< and the

Court wl1 be oo!ified of the ""'''''h. l. R«Iul red Sub)""" ~f A, .uol T raiaiag

The EEO """", I !raining progn;mlI shol: i""lude:
. , For ,uP"""OO'Y. ffioruogement. ....d hUfIWI r<>OUI<<S employees. in,("",!i"" "" Ill.
""l ui..."en" oh ll OWlioabk: «1",,1 <JJlployffi<11topporl"";ly lows inc ILiding, bot rot limit.. to, Tit1.

"

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=<nmaIdati"". to be implement«l by !he trai,,,,, to tbe extent consistent with tbe Doer« and anti~i"""i""i<>n I. ws-
S«ti... 205 Mo"lto rlng on~ lIepo<<I_g
A. Mo.itoriDg by 'be n :oc
The EEOC may mon itot' Whiting Door', wmpli""'e with !he Consent Doe.... for. p<riod of three (3) year< from !he effective dote of tbe Decree through tbe impe<tioo of Whitini Door' ,
premises. fCWfds an<l intervi..... ,,"'ith ernr](l~ .. 1'<""""",le tim<S an<l """" r~l. notice. Whitllg Door wll moke " ..il.b I. for inspcctiOi .00 copying ony record. rusooobly ",I.,a! 10 illy
of th"'" "",as. upon reaoooobl. "",ice ~y tne Eeoc.
8. lI<JIortl~g IINJu'«n... " for Dlscrlmlnatlo. Complol. ..
F", til< dUflllion orthi. Doe..... everyq"ort..- st>ninil sixty (60) days arr..- the .lTwi.. do,e
of!heDec.... Whiti"iDoo< shall pro,id•• written repolt to !he Lep Unit of!he EEOC, New York
Distti:t Office (altmti"", IWb¢<I D. 11000). ~i'h in~"" 1'<gardi"i any v _l or wril10n
complaints of dill<rimillltion from .mplol""" or >pplicantl whkh we", received durinll th< pm;cding quart<r. The report "'all i""lode !he name of the compl.ilWll, the name: of the .tl l<ged hara<••" or discriminator, a lost of <a<h 'lep taken by Whiti"g Door ~"';ng ,be invosti,",,"", a
.oo , umrnary of the wmp loim, th< I"".,ion, the rad .. of any i",,"'iptioo ofth. complaint. ony
",me.lial act;oo uk"" by Whitint 0000-.
e. R<port 0. T.mporory !:mploy...
For the ciwalion 01 the Decree, \\'hirin, Door ohall provide a qlWte:rly written report 10
EEOC COIt",ning !he following inform"i",, : • break,;.,..... by gender or OlllentpOfary .,.p](l~
"

used by Whiling Doof ~uring llIe qowter. llIe rwnes . ftem porary <JJ\ployment _ i o s used by Whil"g Doof.:md • breakdown by l ender for 1111 p"ml>lI<nlly h""" employee! during lheqowter.
A. RffOrd Rorenli.n
For the durllIion.f 'lie Oectee, Whi'i,S Doof agree. to "",in";. NCh r«om. .. on:
.......... ')" to demonstrate il> rompli:mc. wilh til< Decree md 29 c.r.R. ~ 1 602 .. •eq. md 10 vtrify thaI t'" rq>OTU """"ili<d pwSuanl to the Dee,..,. .... 11«........

s..cti.. 208 Mi".n•• _ .

A. M'.'go..,.., ~vol••lI• ••ad A«..,.,U m')" Policy

0«,.,.. Wilhin th.... (3) month. of the eff«h"O d ate of ll><

Whiting Door .lui: modify

elIi"iog f"OC<"lumo for p<rfonnaoce reproinj rnanagen md 'oq>CJ'Ii"", to include. foetor ~.ing perf""","",," in oontributin8 to eornpli_e wilh lhi. Decree. rompli....,. wilit Whiling

Doof·. discrimination »01i<os:md pt<>«<l...... atd w"h federal ""ti..:!i.rn mi""ti"" low•.

B. Any ad""ni';ng by EEOC in oeo:eh .[vic,ims of the alleged di.rnminatioo by Illy

. f tho def<n<bnt. in this eu" shan no! memion Whiting Door by name. C. Thi, C>n...,t Decree (\oes noI """.,it.", IiIl admiosion by Whiting Door to lilly
viol,liom ofT itie VU . f the 1964 Ci,il Riih" Ac,. Whiti"i Door sp«ificolly disclaim, ord dcni",

any ,iololioo of the law.

"

I'ART IIl l'Wi"n...RY REl U:F FOR CLASS MEM8ERS 5«11• • 301 C I.;"" F...d
A. W.III.g I)oor hy"''''' ,.,be Fund Within twenty-one «I) d.ayo of!he ""o<", ion dat. oflbe Doo=, in TtSOMion of EEOC's
hirim olaim, ~ 00 "'"' , Whiting Door ",.11 pay !he groo' rum of$6(l.ooo into !he CI.i... Fund,
.. described below, i f one a im. in • monner '.)eCified by !he EEOC. Jra Claims Fu'" 110<. no!
exi" " !hat lim<. or !he IOEOC h.. "'" spec ifi«l!he manner .fpaym<nt. Whiti1l& Doof ",.11 . woit itU1=OOns from !he EEOC and "".11 p.y!he SOO.OOO to . u<h _ or entity ot NCb timo and in
« "'"h .,..",.,. .. tbe EEOC shall instruct in writi~ wiohi" twenty· _ I) d.ayu ft... receivinp och
in.truc,ions.
8. E".bU,h",••t aod Cootrol ortbe Fuod A Claims Fund r ·FUIId"") """II "" e""'lilll«l to eont»O>UO!e ,I... m..,ben. If SPSlPPMC
""'trib"I" '" ,he Fund••11 terms "'gordini !he "und, including !he notif",..ioo. idonlifie" ion and diruibution of dom.tgcs '" d ... memben. >hall be goV<rn<d by ohe tonns of the Con=: Decree "", w,en EEOC and SPS/PPMC. If SPSiPPMC and EEOC do no! enter into • Corutttl Decree. EEOC ","11impl<ment . ilemoti,.. proc«lumo for !he FIm<I. incloding noIiflGali<>n. ideo'inC>1;on and
d iiilri>utioo ofdamages '" the cI... mcmben " it. .ol< diK'O(ion. on notice to Whiting Door. The Coouem Dcucx. boIween EEOC ond SPSIPP.I-tC ond IOEOC and i ."...'own ..,.11 iIrf>Os, 00 oolig>.tiOf'l' of ""Y k iO>d on Whitin~ Door.
"

FART IV
S IGNATURES
,hi. E<>ch signal<>!)' 10 Deem: rq m:><Il" to..t each is fully outhorize<l1O ..ecute ,hi.Dee"",
.00 to bit>d the partie. on wlw:>« _ I f .oc~ .ig-.,

o.,ed :

,2005

0.,«1: Sopt ..b., 1 .

EQU},L EMPLOYM ENT OPPORTUNITY COMM ISSION

WHITING DOOR MANUFACTlJRING CORP,

Lisa C. S irkin SUp<f"isory Tri.1Attorney

SReon!:>,,e,f,:

D. Tri

Roo< al A,torn<y

Now YorI< Dj" rie' Omce 3) Wjj \clall Street, 5· Floor New YorI<. New YorI<. 10004 (212}JJ6·)70S

[}a,.: ~ '21 • 2005 B oJ, I,JOf N ·y -

~"k, r
HOlt. ho T. El f.in Uni'ed Statcs Judie

'iJJ.-

 </s> SPS Temporaries and Two Clients to Pay up to $580,000 In Class Actio...

http://www.eeoc.gov/press/11-17-05b.html

The U.S. Equal Employment Opportunity Commission

FOR IMMEDIATE RELEASE November 17, 2005

CONTACT: TTY:

Robert D. Rose Senior Trial Attorney (716) 551-4441 (212) 336-3708 Elizabeth Grossman Regional Attorney (212) 336-3696 (716) 551-5923

SPS TEMPORARIES AND TWO CLIENTS TO PAY UP TO $580,000 IN CLASS ACTION LITIGATION SETTLEMENT WITH
EEOC
Employers Charged with Bias Based on Race, Sex, Age, Disability and National Origin
BUFFALO, N.Y. - SPS Temporaries, Inc. and two of its clients Jamestown Container and Whiting Door Manufacturing Corporation will pay up to $580,000 and take substantial steps to prevent future workplace discrimination as part of a class action litigation settlement announced today by the U.S. Equal Employment Opportunity Commission (EEOC). The lawsuit charged that a large group of temporary workers potentially hundreds or thousands was denied work assignments based on race, sex, national origin, disability and/or age in violation of various federal laws.
Additionally, the EEOC had alleged that SPS dismissed a full-time employee due to her pregnancy and fired another for opposing the company's discriminatory practices. Three consent decrees resolving the case were filed today by the EEOC with Judge John Elfvin of the U.S. District Court for the Western District of New York (EEOC v. SPS Temporaries, Inc., Professional Personnel Management Corp., Jamestown Container Companies and Whiting Door Manufacturing Corp., Case No. 04-CV-0052).
"As one of the largest temporary agencies in the Buffalo area, SPS's discriminatory practices affected hundreds, if not thousands, of temporary workers," said Robert D. Rose, the EEOC's lead attorney on the case. "This resolution will fairly compensate the victims of that discrimination and put protective measures in place to prevent further discrimination."
The consent decrees establish a claims fund of nearly $600,000 to compensate victims of the discrimination. EEOC will issue public announcements regarding the claims process and accept claim forms from eligible individuals who applied for temporary employment with SPS between January 1, 1999, and the approval date of the settlement.
Individuals who believe they may have been subject to discrimination by SPS during the relevant time period should call (866) 464-4691 or go online to www.eeocspssettlement.com. The consent decrees also require the companies to take numerous steps to prevent further discrimination, including the adoption of new policies and procedures prohibiting discrimination, training for their employees, and periodic reporting to the EEOC regarding their hiring practices.
Spencer H. Lewis, the EEOC's New York District Director, said, "Discriminatory practices such as those in this case wrongfully deny individuals the freedom to compete and advance in the workplace on a level playing field. This major settlement should remind employers that all individuals must be afforded equal opportunities, and that employment decisions must be based solely on merit and ability to do the job."
SPS is a Buffalo-based temporary employment agency with six offices in the region. Jamestown Container provides packaging products and services and has locations in Buffalo and Lockport, N.Y. Whiting Door produces roll up doors and is headquartered in Akron, N.Y.
The EEOC enforces Title VII of the Civil Rights Act of 1964, which prevents workplace harassment and discrimination against employees on the basis of race, national origin, religion, or gender; Title I of the Americans with Disabilities Act, which prohibits employment discrimination against people with disabilities in the private sector and state and local governments; the Age Discrimination in Employment Act, which protects individuals 40 years of age or older; the Equal Pay Act of 1963; prohibitions against discrimination affecting individuals with disabilities in the federal government; and sections of the Civil Rights Act of 1991. For more information about EEOC, visit www.eeoc.gov.
This page was last modified on November 17, 2005.

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 </s> EEOC LITIGATION SETTLEMENT REPORT - November 2005

http://www.eeoc.gov/litigation/settlements/settlement11-05.html

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EEOC v. SPS Temporaries, Inc.; Professional Personnel Management Corp.; Jamestown Container Lockport, Inc., dba Jamestown Container Companies; Jamestown Container Corp. dba Jamestown Container Companies.; and Whiting Door Manufacturing Corp. No. 04-CV-0052E(SC) (W.D.N.Y. Nov. 22, 2005)
In this suit, the New York District Office alleged that SPS Temporaries, Inc., and Professional Personnel Management Corp. (jointly "SPS"), the largest temporary employment agency in the Buffalo, New York area, and two SPS clients, Whiting Door Manufacturing and Jamestown Container Companies, engaged in various violations of Title VII, the ADA, and the ADEA. The suit alleged that SPS: (1) failed to refer applicants for temporary employment based on their race, gender, pregnancy, national origin, age, disability, and responses to preemployment medical inquiries; (2) violated the Commission's recordkeeping regulations at 29 C.F.R. .1602.14 by intentionally and systematically destroying documentary evidence during the EEOC's investigation; (3) required applicants for temporary employment to complete a preemployment questionnaire that elicited information regarding potential disability; (4) failed to hire/refer a charging party for a machinist position because it regarded him as disabled due to his disclosure of carpal tunnel syndrome on a preemployment medical questionnaire; (5) discharged a second charging party from a sales representative position for questioning defendants' failure to hire the first charging party; and (6) discharged a third charging party from a service coordinator position because of her pregnancy. The suit also alleged that defendants Whiting Door (an Akron, New York manufacturer of roll-up and swing doors for trucks and trailers) and Jamestown Container (which has container-manufacturing facilities in Lockport and Cheektowaga, New York) engaged in hiring discrimination in violation of Title VII in filling temporary general laborer positions. The District Office claimed that Whiting Door asked SPS not to refer female applicants and that Jamestown Container asked SPS to not to refer black or female applicants.
The EEOC entered into separate consent decrees with the defendants, settling the case for a total of $580,000 in monetary relief. The 4-year decree with SPS requires defendants to pay $500,000 ($125,000 within 5 days of signing the decree and $7,812.50 monthly thereafter for the duration of the decree) into a Claims Fund, administered by CAC Services Group, LLC. The Whiting Door and Jamestown Container decrees (both 3 years) require those defendants to pay $60,000 and $20,000, respectively, into the Claims Fund described in the SPS decree within a few weeks after each executes its decree. The SPS decree provides that the three charging parties will receive payments of $20,000, $60,000, and $45,000 respectively in compensatory damages from the Claims Fund within 30 days of execution of the decree. The Claims Administrator will distribute the remaining funds to eligible claimants determined by EEOC as compensatory damages after a notice and claims procedure and a fairness hearing. The distribution will be in two installments, the first about 2 years after execution of the decree and the second at the expiration of the decree.
The SPS decree enjoins defendants from discriminating against any individual on the basis of race, sex, pregnancy, national origin, disability, or age, including complying with discriminatory requests from clients and requiring applicants for temporary employment to complete preemployment questionnaires containing questions that may reveal information about actual or potential disabilities. The Whiting decree enjoins it from refusing to hire temporary employees based on their sex and from making requests for temporary employees based on sex.
The SPS decree also requires defendants to distribute a notice regarding resolution of the case and a memorandum setting forth the coverage of federal employment discrimination laws to: (1) each applicant for full-time or temporary employment at SPS during the term of the decree, (2) each current full-time or temporary employee with his/her paycheck for the first eight payroll cycles following execution of the decree, and (3) each future full-time or temporary employee at the commencement of his/her employment. SPS is also required to distribute a notice to current clients and to new clients obtained during the term of the decree delineating SPS' and its clients' obligations under federal EEO laws and emphasizing SPS' commitment to abide by such laws. SPS must place job advertisements for temporary positions in the Buffalo News, Niagra Gazette, and Lockport Union-Sun and Journal with the goal of increasing applications from underrepresented populations (including blacks, Latinos, females, disabled individuals, and persons 40 years old and above) each time SPS recruits for temporary positions in the distribution area and no less than 45 times per year for the duration of the decree. All job advertisements shall state "Equal Opportunity Employer" or "EOE." Once every 60 days throughout the decree, SPS must send a job notice to specified organizations stating that it is an equal opportunity employer, encouraging applications for temporary positions from underrepresented groups, and requesting the organizations to publicize the notice for 2 months. SPS will provide the EEOC with semiannual reports on the race, sex, age, national origin, and disability
7/11/2007 4:33 PM

EEOC LITIGATION SETTLEMENT REPORT - November 2005

http://www.eeoc.gov/litigation/settlements/settlement11-05.html

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status of applicants for temporary employment. The Whiting Door and Jamestown Container decrees

require training, the adoption of nondiscrimination policies, and reporting on the hiring of temporary

employees and on temporary employment agencies each defendant uses.

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[CONTENT] January 2004 | the New York District Office | EEOC | SPS Temporaries, Inc. | Professional Personnel Management Corporation | two | Jamestown Container Companies | Whiting Door Manufacturing Corp. | the U.S. District Court | the Western District | New York | Title VII of the Civil Rights Act | 1964 | the Age Discrimination | Americans ||| EEOC ||| November 2005 ||| three to four years ||| EEOC | 580,000 | Claims | three ||| 2009 [SUMMARY] In January 2004, the New York District Office of the EEOC brought this lawsuit against SPS Temporaries, Inc. and Professional Personnel Management Corporation, temporary employment service providers, and two of their clients, Jamestown Container Companies and Whiting Door Manufacturing Corp., in the U.S. District Court for the Western District of New York, alleging discrimination and retaliation in violation of Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act, and the Americans with Disabilities Act.  Specifically, the EEOC alleged that the defendants were assigning temporary employees based upon discriminatory requests for client companies, failed to employ persons based upon questionnaire information indicating the potential employee was disabled, and refusing to assign work to a temporary employee who was pregnant.  Following some discovery and several settlement conferences, the parties settled the lawsuit through a series of consent decrees tailored to each defendant in November 2005.  

The consent decrees ranged from three to four years of enforcement and contained anti-discrimination and retaliation clauses. It required the defendants to: make reports based upon complaints and make other compliance reports, keep records, allow access to the EEOC for monitoring, appoint a monitor, develop anti-discrimination policies, utilize objective job descriptions and hiring criteria, follow hiring protocols, comply with advertising requirements, post and distribute notice of rights to employees, temporary employees, and clients hiring temporary employees, provide annual EEO training, include Decree compliance with other criteria for managerial performance reviews, and contribute $580,000 to a Claims fund, to be distributed among an initial three complainants plus all other class members to be determined.

As there is no additional activity in the docket sheet, other than the approval of plaintiff's Class Distribution List, presumably the case closed completely in 2009. 
