. .

/ '

,r'--"

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN
NORTHERN DIVISION

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff, and KIMBERLY HELM,
Plaintiff·Intervenor,
v
BENCHMARK RESIDENTIAL SERVICES, INC.,

Case No.: 1:03·cv-10172 Hon. David M. Lawson
---"-.•
:"-
"

Defcndant.

Tammy C. Klein (P60256) Equal Employmcnt Opportunity Commission 865 Patrick V. McNamara Building 477 Michigan Ave. Detroit, MI 48226 (313) 226-5673

Braun, Kendrick, Finkbeiner, P.L.C. By: Jamie Hecht Nisidis (P48969) Attorneys for Defendant 4301 Fashion Square Blvd. Saginaw, MI 48603 (989) 498·2100

Debra A. Freid (P33078) Freid, Gallagher, Taylor & Associates Attorney for Plaintiff Kim Helm PO Box 3305 Saginaw, MI 48605-3305 (989) 754-0411

COMPLAINT OF INTERVENING PLAINTIFF - KIM HELM Now comes Plaintiff, Kimberly Helm, by and through Counsel, Debra Freid, of Freid, Gallagher, Taylor and Assoc. P.C., and states the following in complaint against the Defendant:
COUNT I-CIVIL RIGHTS-SEXUAL HARASSMENT 1. Jurisdiction is invoked pursuant to 28 USC Sections 1331 and 1343(a)(4). This action is
1

"..--"
authorized pursuant to Title VII ofthe Civil Rights Act ofl964, as amended 42 USC 2000eS(f)(I) and (3) and (g) and Section 102 of the Civil Rights Act of 1991,42 USC Section 1981a. 2. Defendant is an employer within the meaning ofthe Sections 701 (b), (g), and (h) ofTitle VII ,42 U.S.C. sections 2000e(b),(g), and (h). 3. Defendant is and has been, at all relevant times to this action, a corporation doing business in the City of Pinconning. 4. Plaintiff, Kimberly Helm, began work for the Defendant on or about June 5, 2001 as a behavioral technician. In or about December, 2001, Plaintiffwas promoted to a position as an Assistant Coordinator. 5. In these positions, Defendant directed Plaintiffto work Witll co-employee, Jerry Fitch, who created a sexually hostile work environment for the Plaintiffby continually making sexually offensive and vulgar comments to the Plaintiff and to other females witllin Plaintiff's hearing. 6. Plaintiff and other female employees reported Fitch's behavior to the Defendant on several occasions 7. The Defendant knew or should have known that Jerry Fitch was creating a sexually hostile work environment and harassing the Plaintiff sexually. 8. The Defendant took no action to promptly and effectively remediate the harassment once it knew or should have known of same. 9. Further, Jerry Fitch touched plaintiff without her consent in a sexual manner and attempted to compel Plaintiffto engage in sexual relations with him by threats, including the threat in
2

December, 2001, that he would get Plaintifffired if she did not engage in oral sex with him. 10. At the time Fitch threatened Plaintiffs position as referred to in Paragraph 9, Fitch was
Plaintiff's direct supervisor. 11. Plaintiff refused to engage in sexual relations with Jerry Fitch. 12. Plaintiff was suspended her and demoted in January, 2002. 13. Plaintiff was suspended and demoted in January, 2002 in retaliation because she refused to
submit to her supervisor's demands for sex. 14. Defendant further manufactured false and malicious elaims regarding the Plaintiff's job
performance and her honesty in retaliation because Plaintiff refused to have sex with her supervisor. 15. Defendant demanded Plaintiff sign a release regarding her federally protected civil rights after Plaintiff continued to report to Defendant regarding the behavior of Fitch. 16. That Defendant further retaliated against the Plaintiff by discharging her on or about March 29,2002, because she engaged in protected activity. 17. These unlawful employment practices complained of in the preceding paragraphs 6 to 16 were intentional. 18. These unlawful employment practices complained of in the preceding paragraphs 6 to 16 were done with malice or with reckless indifference to the federally protected rights of the Plaintiff. 19. The conduct, as set forth in these preceding paragraphs, has denied and will continue to deny Plaintiff, Kimberly Helm, her civil rights to be free from sex harassment in employment and employment opportunities.
3

..

/ '

20. As a direct result of the Defendant's breach of statutory duties, the Plaintiff has suffered severc emotional distress, and mental anguish, as well as embarrassment, humiliation, shoek and mortification.
21. As a direct result ofthe Defendant's breach ofstatutory duties, the Plaintiffhas lost and will continue to lose income, including but not limited to, the loss of past and future wages and compensation, including fringe benefits and the costs and fees associated with this litigation, including attorneys fees. WHEREFORE, your Plaintiff, Kimberly Helm, respectfully requests that this Honorable
Court award all legal and equitable relief to which Plaintiff is entitled including compensation for all past and future economic and non-economic damages, where reinstatement would be intolerable, and punitive damages, as well as attorneys fees and the costs associatcd with this litigation.
COUNT II -INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS 20. Plaintiff incorporates all preceding paragraphs herein as if each was fully restated. 21. The Defendant owed to the plaintiff, a duty not to intentionally or recklessly eause the
Plaintiff severe emotional distress. 22. The Defendant did breach that duty by, among other conduct:
a. Intentionally or recklessly depriving Plaintiffofemployment rights and opportunities because of her sex;
b. Intentionally or recklessly subjecting Plaintiffto a sexually hostile work environment and to quid pro quo sexual harassment and continuing abuses of the exercise of authority over the Plaintiff;
c. Degrading, and humiliating Plaintiff by condoning and autilOrizing the sexually
4

· .

hostile work environment;

d. Suspending and demoting the Plaintiff because she refused to engage in sexual

relations with her supervisor;

e. Discharging the plaintiff because she engaged in activity protected by our federal

eivil rights laws;

f. Manufacturing and publishing false and malicious claims regarding the plaintiff's job

performance and her honesty during the course of her employment;

g. Demanding that Plaintiff sign a release regarding her federally protected civil rights

during her employment and discharging her after she refused to do so;

23. The Defendant is vicariously responsible for the wrongful acts ofits employees, which, whilc

intentional, were done within the apparent scope of authority granted by the Defendant.

24. As a direet result ofthe intentional and egregious breach ofduty by the Defendant, set forth

in the preceding paragraphs, the Plaitniffhas suffered severe emotional and physical distress

as well as the losses set forth above in Paragraphs 20 and 21.

WHEREFORE, your Plaintiff, Kimberly Helm, respectfully requests that this Honorable

Court award all legal and equitable relief to which Plaintiff is entitled including compensation for

all past and future economic and non-economic damages, and exemplary damages, as well as

attorneys fees and the costs associated with this litigation.

October 23, 2003

Respectfully Submitted,
Freid, Gallagher, Taylor & Assoc.
By: 'bJ,~ d.- 1-~-q~
Debra A. Freid (P33078) Attorney for Plaintiff

5

. .

r "

.JURY DEMAND

Plaintiff, Kim Helm, herein demands a jury by trial.

October 23, 2003

Respectfully Submitted,
Freid, Gallagher, TaYl0:.::.;:p
By: Ab-Q.1:
Debra A. Freid (P33078) Attorney for Plaintiff PO Box 3305 Saginaw, MI 48605·3305 DAF/tak/helm.5

6

 </s> at
I~

UNITED STATES DJSTRlCT COURT FOR THE EASTERN DISTRICT OF MICHIGAN
NORTHERN DIVISION

EQUAL EIVrPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff,
vs.
BENCHMARK RESIDENTIAL SERVICES, INC.,

r::: m:,.'l t::·:' <0 f'"
C:" -I ( ,
;'.<:.::::::,:",
Hon. David M. Lawsmi~.;

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Defendant.
- - - ---. - - - - - - _--.....:/
'l'anuny C. Klein (P60256) Attol11cy for Plaintiff Equal Employment Opportunity (;ommiss.ion 865 Patrick V. McNamara Building 477 Michigan Avenue Detroit, Michigan 48226
(313) 226-5673

BRAUN KENDRICK FINKBEINER P.L.C. By: Jamie Hecht Nisidis (P48'J69)
AttOl11eys for Defendant 4301 fashion Square Boulevaru Saginaw, Michigan 48603 (989) 498-2100

fREID, GALLAGHTiR, TAYLOR & ASSOClATES, p.e. By: Debra A. Freid (P33078) Attomeys for Intervening Plaintiff P.O. Box 3305 Saginaw, Michigan 48605·3305 (989) 754-0411

DISMISSAL WITH PREJUDICE

Ttltervening Plaintiff, Kim Helm ("Intervening Plaintiff' or "Helm") and Defelldant,

Benchmark Residential Servic.es, Inc., hereby agree to dismissal oCthe above-captioned lawsuit with

prejudice. Given that the issues in this case have been resolved through a Conscnt Decrce signed

by the Equal Employment Opportunity Commission (the "Commission") on behalf of Helm, and

Benchmark, and given that all palties arc in agreement with the terms and conditions contained in

S0308330WPD

, .

the Consent Decree, dismissal of this lawsuit with prejudice is appropliate. (See, Attachment A,

Consent Decree.)

WE HEREBY AGREE:

O r M l ) A J L.. ~/ftiUd..)
~CHT NlSIDlS (P48969

Attomey for Defendant

4301 Fashion Square Boulevard

Saginaw, Michigan 48603

_>L, (989) 498-21 00

Dated: July

2 4.

DEBRA F

(P3 078)

Allomcy for Interven ng Plaintiff

604 S. Jefferson Avenue

Saginaw, Michigan 48605

l , (989) 754-0411

Dated: July

2004

IT IS SO ORDERED:

~ Dated:

)', ..,2004.

United States District Judge

S0308JJ(,WPD

-2-

 </s> , ,

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UNITED STATES DISTRlCT COURT FOR THE EASTERN DISTRlCT OF MICHIGAN
NORTHERN DIVISION
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,

:-"'I.,".""

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Plaintiff,

Case No. l;03-CY·I0172

vs.

Hon. David M. Lawson

BENCHMARK RESIDENTIAL SERVJCES, INe.,

Defendant.
_ _-,I TAMMY C. KLEIN (P60256) Attorney for Plaintiff Equal Employment opportunity Commission 865 Patrick Y. McNamara Building 477 Michigan Avenue Dctroit, Michigan 48226 (313) 226·5673

JAMIE HECHT NISlDIS (P48969) Attorney for Defendant Braun Kendrick Finkbeiner P.L.e. 4301 Fashion Square Boulevard Saginaw, Michigan 48603 (989) 498·2100

DEBRA FREID (P33078) Attorney for Intervening Plaintiff Freid, Gallagher, Taylor, & Associates 604 S. Jefferson Avenue Saginaw, Michigan 48605 (989) 754·0411

CQNSENT DECREE

On June 4, 2003, the Equal Employment Opportunity Commission, (the "Commission"

or "EEOC") commenced this action in the United States District Court for the Eastern District of

Michigan, Southern Division, on behalf of the Charging Party, Kim Helm, ("Charging Party" or

"Helm") against Defendant, Benchmark Residential Services, hlC., ("Defendant" or

"Benchmark"). Thereafter, this matter was transferred by Stipulation and Order to the Eastern

District of Michigan, Northern Division, and Helm intervened in the Commission's lawsuil. The Commission alleged in its Complaint that Helm had been subjected to sexual harassment, both Quid Pro Quo and hostile work environment.
FINAL DISPOSITJON I. Through this Consent Dec.ree, ("Decree") the Commission, on behalf of Kim Helm and Bcnchmark, desire to forever resolve aU issues raised. presented or joined in Civil Action Number 1:03-1 0172, without the burden, expense and potential delay of further litigation ofall issues set forth in this lawsuit, and intend to be bound by the promises Inade herein.
STJPULAl'ED FACTS 2. The Parties stipulate and agree that the EEOC is the agency of the United States government authorized to investigate allegations of unlawful employmcnt discrimination, to bring civil actions to prohibit unlawful employment practices and to seek relicffor individuals affected by the practices complained of in this lawsuit. 3. Benchmark is an employer cngaged in an industry affecting commerce within the meaning of Section 701(g) and (h) of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.c. 2000o(g) and (h). Benchmark had at least fifteen (15) employees for twenty (20) or more calendar weeks during tile relevant time period. 4. Pursuant to Title VII, the Parties acknowledge the jurisdiction of the United Statcs District Court for the Eastem District of Michigan over the subject matter and Parties to this case for the purpose of entering this Decree, and, if necessary, enforcing the provisions of this Decree. 5. Venue is appropriate in the Eastern District of Michigan, Northem Division. For purposes of this Dccree and proceedings related to this Decree only. Benchmark agrees that all statutory conditions precedent to the institution of this lawsuit have been fulfilled.

MQNETARYSETTLEMENT
6. Benchmark agrees to pay Kim Helm monetary relief in the amount of $62,000. Payment shall be made in accordance with the schedule ofpayments set forth in paragraph 7 below. Interest at the rate of 10% compounded annually shall attach to $37,000 of the total amount to be paid. No interest shaH attach to the remaining amount to be paid.
7. The first payment of $5,000 shall be made to Kim Helm and the law firm of Freid, Gallagher, Taylor & Associates, P.C. on or before 6/04/04. The Parties acknowledge that said $5,000 payment has been made as of the date of the signing of this Decree. Additional payments shall be made as follows:

$37,000 w/interest 37,000 36,382.16 35,761.75 35,138.75 34,513.16 33,884.96 33,254.14 32,620.69

Payment on $37,000 772.00 772.00 772.0{) 772.00 772.00 . 772.00 772.00 772.00

Interest Rate 10%
10%
10% 10% 10% 10% 10%
10%

Interest 154.16 151.59 149.00 146.41 143.80 141.18
138.55
135.91

Revised Basis

Payment on $20,000

$37,154.16

415.50

36,533.75

415.50

35,910.75

415.50

35,285.16

415.50

34,656.96

415.50

34,026.14

415.50

33,392.69

415.50

32,756.60

415.50

Total Payment/date 1187.506115/04 1187.506/30/04 1187.507/15/04 1187.507/30/04 \187.508/15/04 1187.50 8/30/04 1187.509/15/04 1187.50 9/30/04

31,984.60 31,345.86 30,704,46 30,060.39 29,413.64 28,764.19 28,112.04 27,457.17 26,799.57 26,139.23 25,476.14 24,810.29 24,141.66 23,470.25 22,796.04

772.00 772.00 772.00 772.00 772.00 772.00 772.00 772.00 772.00 772.00 772.00 772.00 772.00 772.00

10%

133.26 32,117.86

415.50

10%

130.60 31,476.46

415.50

10%

127.93 30,832.39

415.50

10%

125.25 30,185.64

415.50

10%

122.55 29,536.19

415.50

10%

119.85 28,884.04

415.50

10%

117.]3 28,229.17

415.50

10%

114.40 27,571.57

415.50

10%

111.66 26,911.23

415.50

10%

108.91 26,248.14

415.50

10%

106.15 25,582.29

415.50

10%

103.37 24,913.66

415.50

10%

100.59 24,242.25

415.50

10%

97.79 23,568.04

415.50

10%

94.98 22,891.02

1187.50 10/15/04 1187.50 10/30104 1187.50 1lI15/04 1187.50 11130104 1187.50 12/15104 1187.50 12/30/04 1187.50 \115/05 1187.50 1/30/05 1187.502/15105 1187.502/30/05 1187.503115/05 1187.503/30/05 1187.504/15/05 1187.504130/05

22,119.02 21,439.18 20,756.50 20,070.98 19,382.('0 18,691.36 17,997.24 17,300.22 16,600.30 15,897.46 15,191.69 14,482.98 13,771.32 13,056.70

772.00
772.00 772.00 772.00 772.00 772.00 772.00 772.00 772.00 772.00 772.00 772.00 772.00 772.00 772.00

415.50

10%

n16 22,211,18

415.50

10%

89.32 21,528.50

415.50

10%

86.48 20,842.98

415.50

10%

83.62 20,154.60

415.50

10%

80.76 19,463.36

415.50

10%

77.88 18,769.24

415.50

10%

74.98 18,072.22

415.50

10%

72.08 17,372.30

415.50

10%

69.16 16,669.46

415.50

10%

66.23 15,963.69

415.50

10%

63.29 15,254.98

415.50

10%

60.34 14,54332

415.50

10%

57.38 13,828.70

415.50

10%

54.40 13,111.10

415.50

1187.505/15/05 1187.50 5/30/05 1187.506115/05 1187.50 6/30/05 1187.507115/05 1187.507130/05 1187.508/15/05 1187.508/30/05 1187.509/15/05 1187.509130/05 1187.50 10115105 1187.5010/30/05 1187.5011/15/05 1187.50 \1130/05 1187.5012/15/05

12,339.10

10%

51.41 12,390.51

11,618.51

772.00

415.50

.

\0%

48.41 11.666.92

772.00

415.50

10,894.92

10%

45.39 10,940.31

772.00

41S.50

10,168.31

10%

42.36, 10,210.67

772.00

415.50

9,438.67

10%

39.32 9,477.99

772.00

415.50

8,705.99

10%

36.27 8,742.26

772.00

415.50

7,970.26

10%

33.20 8,003.46

772.00

415.50

7,231.46

10%

30.13 7,261.59

772.00

415.50

6,489.59

10%

27,03 6,516.62

772.00

415.50

5,744.62

10%

23.93 5,768.55

772.00

415.50

4,996.55

\0%

20.81 5,017.36

772.00

415.50

4,245.36

10%

17.68 4,263.04

1,131.50

56.00

3,13L54

10%

13.04 3,144.58

1,187.50

0

1 ,957.08

10%

8.15

1,965.23

1,965.23

0

1\87.50 12/30/05 1187.S0 1115/06 1187.50 1130/06 1187.502/15/06 1187.S0 2/28/06 1187.503/15/06 1187.503/30/06 1\87.504/15/06 1187.504/30106 1187.505/15106 1187.505/30/06 1187.506/J5/06 1187.506/30/06 1187.s0 7/15/06

8.

Payment of all applicable federal, state and local taxes including, but not limited to

any FICA and/or Social Security taxes on the monetary amount set forth above shall be the sole

responsibility of Kim Helm and thc law firm of Freid, Gallagher, Taylor & Associates, P.C..

Benchmark will issue a Form 1099 to both Kim Helm and the law firm of Freid, Gallagher, Taylor

& Associates, P.C., for the payments received by each party, as required by the IRS. The bi-

monthly payments set forth in paragraph 7 above are to be paid directly to Kim Helm ($791.67) at

2375 N. Carter, Linwood, Michigan 48634 and to Freid, Gallagher, Taylor & Associates, P.C.

($395.83) at P.O. Box 3305,604 S. Jefferson Avenue, Saginaw, Michigan 48605 (Freid Gallagher)

via Certitied Mail witb a copy ofthe checks sent to Adele Rapport, Regional Attorney, United States

Equal Employment Opportunity Commission, 477 Michigan Avenue, Room 865, Detroit, Michigan

48226. It is further understood that no payments shan be made to Helm or the law firm of Freid,

Gal1agher, Taylor & Associates, P.L.c', until the Dismissal With Prejudice. attached as Attachment

B. is signed by Helm.

SECURITY

9. As security for the payments set forth in paragtaph 7 above, Benchmark grants Helm

and Freid Gallagher a security interest in its accounts receivables.

ACCELERATION Ol<' JUDGMENT

10. Benclunark agrees to make all scheduled payments on or before the date each

payment is due. If anyone (1) payment is thirty (30) days late, Benclunark shall be considered to

be in default of the payment plan. In the event of such a default. the total balance owed on the

agreed amount shall become due immediately and the Commission may take any and all steps under

the law to recover the entire amount still owing. This shall include, but is not limited to, exercising

the security interest in Benchmark's accounts receivables as described in paragraph 9 ahove.

Further, failure of the Plaintiff to exercise acceleration with respect to anyone payment does not constitute a waiver of this section.
NON-MONETARY RELIEF
II. Benchmark agrees to reinstate Helm to the position ofMedication Coordinator at the rate of$22,000 per year with the same fringe benefit package that is offered to the Assistant Homc Coordinator. In the event that Benchmark's insurance carrier (Blue Cross Blue Shield) will nol provide Helm with coverage immediately, Helm will obtain a private policy that is comparable to Benchmark's current policy. Upon Helm's finding a comparable policy that is mutually agreeable to the parties, Benchmark agrees to pay the employer's percentage of the policy that it would nonnallypay(75%-single; 50%-dual; 50%-family). Benchmark acknowledges Ms. Helm's physical limitations and agrees to work within her physician's designated restrictions. Additionally, Benchmark agrees to provide all of the requisite training for the position (0 Helm at no cost to her.
NON-DISCRIMINATION 12. Benchmark, its officers, agents, employees, succcssors, assigns and all persons in
active concert of participation with it, shall comply with the provisions of Title VIT of the Civil Rights Act of 1964, as amended, and agree that it will not discriminate against any and all individuals who work for Benchmark.
NON-RETALIATION
13. Benc1unark, through its directors, officers, agents, successors, assigns and employees, will not retaliate against any person known to it who participated or cooperated in the investigation
and civil action by the EEOC ofCharge ofDiscrimination No: 230-A2-017A5, filed under Title VII
of the Civil Rights Act of 1964, as amended.

DISPUTE RESOLUTION AND COMPLIANCE
14. The Parties agree that this Court shall retain jurisdiction and will have all available equitable powers, including injunctive relief, to enforce this Decree. Upon motion of either Party, the Court may schedule a hearing for the purpose of reviewing compliance of this Decree, The Parties shall engage in a good faith effort to resolve any dispute as to compliance prior to seeking review by the Court, and shall be required to give notice to each other ten (10) business days before moving for such review. If such review is deemed necessary by either Party, discovery will be conducted in an expedited fashion. More specifically, documents and other discovery materials shall be exchanged amongst the Parties within five (5) business days of Noticc.
POSTING OF NOTICE
IS. Benchmark shall post a mutually agreeable Notice, attached as Attachment A, in at least one (\) conspicuous location at its Pinconning, Michigan facility (House #3) for a period of three (3) years. Tn addition, Benchmark will continue to post all employment discrimination Notices as required by applicable law at all times in one (I) conspicuous placc at its Pinconning, Michigan location.
NON-ADMISSION OF LIABILITY
16. Benchmark has denied all allegations set forth in Civil Action Number 1:03-10172 along with any and all inferences of wrongdoing, and neither its consent to the entry of this Decree, nor any ofthe teans or conditions set forth herein, including, but not limited to paragraphs 10 and 11 above, shall constitute an adjudication or finding on the merits ofthe case or be construed as an admission of liability, wrongdoing, guill, and/or violation of federal law, which Benchmark expressly denies.

ALLOCATION OF COST 17. The Parties agree to pay their respective costs and attorneys fees associated with the
drafti ng and enforcement of thi s Decree.
SEVERABILITY CLAUSE
18. If any provision of this Decree is found to be unenforceable by a. Court, only thc
specific provision in question shall be affected and the other enforceable provisions shall remain in full force.
TRAINING 19. Benchmark agrees to provide training to its officers, directors, supervisors, coordinators, assistant coordinators and its staffregarding Title VTI ofthe Civil Rights Act of 1964, as amended, ("Title Vll") and its prohibition against sexual harassment in the workplace. The training shall include a section on what constitutes sexual harassment and an explanation of the proper manner forreporting any alleged harassment or sex discrimination. Benchmark shall.providc a list of employees along with the topics to be covered and the name oCthe individual conducting the training to Adele Rapport, Regional Attorney, Equal Employment Opportunity Commission, 477 Michigan Avenue, Room 865, Detroit, Michigan 48226, at least thirty (30) days prior to the training session being conducted. In addition, Notice in the form of an attendance list and a list of topics covered shall be provided to Adele Rapport, Regional Attorney, at the previously provided address, within fifteen (15) days of the completion ofthe training session. All training shall be completed within eighteen (18) months of the signing and entry ofthls Decree. If any such training has been conducted prior to the entry ofthis Decree Benchmark will provide the Commission with date of training, an attendance list, list oftopics discussed at the training, a copy of matetials used, and the name and qualifications of the individual conducting the training to Adele Rapport, Regional

Attorney at the above stated address. Ifthe Commission believes that this training was sufficient it will satisfy the training requirements as set forth in this Decree.
ENTIRE AGREEMENT 20. This Decree conslitutes the entire agreement and commitments ofthe Parties. Any modifications to this agreement must be mutually agreed upon in writing and signed by the Parties hereto.
Respectfully submitted,

CLM"g~,
ADELE RAPPORT 44383) Attorney for Plainti Equal Employment Opportunity Commission Patrick V. McNamara Building 477 Michigan Avenue, Rm 865 Detroit, Michigan 48226 (313) 226·5673
L. Dated: July 2004
c~~
DEBRA ID (P33078) Attorney for Intervening Plaintiff Freid, Gallagher, Taylor & Associates. P.e. 604 S. Jefferson Avenue Saginaw, Michigan 48605 (989) 754·0411
Dated: July:t., 2004
IT IS SO ORDERED:
JUl 1UIlI4
Date

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. E HECHT NISIDIS (P48969)

ttorney for Defendant

Braun Kendrick Finkbeiner P.L.C.

4301 Fashion Square Blvd.

Saginaw, Michigan 48603

(989) 498·2100

3' , Dated: July 2004

United States District Judge

- - - - - - - - - - - - - - - - - - - - - - , - - _....,..,-,.
ATTACHMENT A NOTICE
This notice is being posted to inform you of your rights guaranteed by federal law under Title VlI orthe Civil Rights Act of 1964, as amended, ("Title VJI"). Title VII prohibits discrimination against any employee on the basis of sex, including sexual harassment, race, age, national origin and religion with regard to any tenn or condition of employment. Title VII also prohibits retaliation agaiust employees who engage in protected activity, which includes filing charges ofdiscrimination with the United States Equal Employment Opportunity Commission ("EEOC") or state administrative agencies, participating in the Commission's investigation process, or otherwise opposing unlawful discrimination.
Prohibited sexual harassing behavior under Title VII includes: sexual talk, unwelcome touching, sexual gestures, dirty jokes, sexual actions and sexual innnendoes of any kind, which are severe or pervasive enough to create a hostile work environment.
The United States Equal Employment Opportunity Commission is the federal agency which investigates charges of unlawful employment discIimination and, if necessary, brings lawsuits in federal court to enforce the provisions of Title VII. Any employee who believes that he or she is the victim of discrimination or retaliation has the legal right to file a charge of discIimination with the US. Equal Employment Opportunity Commission.
BENCHMARK RESIDENTIAL SERVICES, INC., supports and will comply with this federal law in all respects, and will not take any action against any employee because of the exercise of his/her rights under these laws.

AT'rACHMENT B

UNlTED STATES DISTRlCT COURT FOR THE EASTERN DISTRlCT OF MICHIGAN
NORTHERN DIVISION

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff,
VB.
BENCHMARK RESIDENTlAL SERVICES, INC.,
Defendant.

Case No. I :03-CV-10172 Hon. David M. Lawson

Tammy C. Klein (P60256) Attorney for Plaintiff Equal Employment Opportunity Commission 865 Patrick V. McNamara Building
477 Michigan Avenue
Detroit, Michigan 48226 (313) 226-5673

BRAUN KENDRlCK FINKBEINER P.1.C. By: Jamie Hecht Nisidis (P48969) Attorneys for Defendant 4301 Pashion Square Boulevard Saginaw, Michigan 48603 (989) 498-2100

FREID, GALLAGHER, TAYLOR & ASSOCIATES, P.C. Ey: Debra A. Freid (P33078) Attorneys for Intervening Plaintiff P.O. Box 3305 Saginaw, Michigan 48605·3305
(989) 754-0411

DISMISSAL WITH PREJUDICE

Intervening Plaintiff, Kim Helm ("Intervening Plaintiff' or "Helm") and Defendant,

Benchmark Residential Services, Inc., hereby agree to dismissal ofthe above-captioned lawsuit with

prejudice. Given that the issues in this case have been resolved through a Consent Decree signed

by the Equal Employmont Opportunity Commission (the "Commission") on behalf of Helm, and

Benclmlark, and given that all parties are in agreement with the terms and conditions contained in

S0308336.\VPD

the Consent Decree, dismissal of this lawsuit with prejudice is appropriate. (See, Attachment A, Consent Decree.) WE HEREBY AGREE:

\,

~ ~J

J

HECHT NISIDIS (P48969

Attorney for Defendant

4301 Fashion Square Boulevard

Saginaw, Michigan 48603

L (989) 498-2100
Dated: July 2 4.

DEBRA F (p3 078)

Attorney for Interven ng Plaintiff

604 S. Jefferson Avenue

Saginaw, Michigan 48605

(989) 754-0411

i Dated: July

2004

IT IS SO ORDERED: Dated: _ _ _ _ _ _ _ _-', 2004.

DAVID M. LAWSON United States District Judge

S030R336.WPD

-2-

 </s> CM/ECF - U.S. District Court:mied - Docket Report

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U.S. District Court Eastern District of Michigan (Bay City) CIVIL DOCKET FOR CASE #: 1:03-cv-10172-DML

CLOSED, SDP

EEOC v. Benchmark Rstl Svc Assigned to: Judge David M Lawson Demand: $0 Plaintiff Equal Employment Opportunity Commission
Intervenor Plaintiff

Date Filed: 06/04/2003 Date Terminated: 07/19/2004 Jury Demand: Both Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff
represented by Adele Rapport Equal Employment Opportunity Commission 477 Michigan Avenue Room 865 Detroit, MI 48226 313-226-5670 Email: Adele.Rapport@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED
Robert K. Dawkins Equal Employment Opportunities Commission (Detroit) 477 Michigan Avenue Suite 865 Detroit, MI 48226 313-226-4600 Fax: 313-226-2778 Email: robert.dawkins@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED
Tammy C. Klein Equal Employment Opportunity Commission 477 Michigan Avenue Suite 865 Detroit, MI 48226 313-226-6701 Fax: 313-226-5673 Email: Tammy.Klein@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

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Kimberly Helm
V. Defendant Benchmark Residential Services, Incorporated

represented by Debra A. Freid Freid, Gallagher, 604 S. Jefferson Avenue P.O. Box 3305 Saginaw, MI 48605-3305 989-754-0411 Email: fgt@tm.net LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Jamie H. Nisidis Braun, Kendrick, 4301 Fashion Square Boulevard Saginaw, MI 48603-1297 989-498-2100 Email: jamnis@bkf-law.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed 06/04/2003 06/16/2003 06/23/2003 06/23/2003 06/23/2003 06/23/2003 06/25/2003 07/10/2003 07/23/2003

#

Docket Text

1 COMPLAINT; jury demand - Receipt # usa - Date Fee Received: 06/04/03 (jg) (Entered: 06/09/2003)
2 APPEARANCE for defendant Benchmark Rstl Svc of attorney Jamie H. Nisidis; proof of service (jg) (Entered: 06/18/2003)
3 ANSWER by defendant Benchmark Rstl Svc to complaint [1-1]; with jury demand (dp) (Entered: 06/23/2003)
3 AFFIRMATIVE defenses by defendant Benchmark Rstl Svc (dp) (Entered: 06/23/2003)
4 MOTION by defendant Benchmark Rstl Svc to change venue ; with brief and exhibits A-B (dp) (Entered: 06/23/2003)
5 PROOF of service by defendant Benchmark Rstl Svc of [3-1] and [4-1] (dp) (Entered: 06/23/2003)
6 NOTICE of setting hearing on motion to change venue by Benchmark Rstl Svc [4-1] for 2:00 7/29/03 (cm) (Entered: 06/26/2003)
7 RESPONSE by plaintiff EEOC to motion to change venue by Benchmark Rstl Svc [4-1]; with exhibit A and proof of service (dp) (Entered: 07/14/2003)
8 ORDER by Judge George C. Steeh with stipulation granting motion to change venue by Benchmark Rstl Svc [4-1] from the Southern Division of this court to the Northern Division [EOD Date: 7/30/03] (LS) (Entered: 07/30/2003)

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07/29/2003
07/31/2003 07/31/2003 07/31/2003 10/03/2003 10/09/2003
10/23/2003 10/28/2003 11/13/2003
11/17/2003 12/11/2003 02/18/2004 03/04/2004 03/05/2004
03/18/2004 03/18/2004 03/19/2004

9 ORDER reassigning and transferring case from Judge George C. Steeh in Detroit to Judge David M. Lawson in Bay City with proof of service (LS) (Entered: 07/30/2003)
10 RECORD received from Detroit (bs) (Entered: 07/31/2003)
11 NOTICE to counsel regarding receipt of record from Detroit office (bs) (Entered: 07/31/2003)
12 ACKNOWLEDGMENT from USDC Bay City of receipt of record [10-1] (kg) (Entered: 08/05/2003)
13 MOTION by movant Kimberly Helm to intervene with brief and proof. (bs) (Entered: 10/06/2003)
14 ORDER by Judge David M. Lawson granting motion to intervene by Kimberly Helm [13-1], setting deadline for 10/24/03 to serve complaint [EOD Date 10/9/03] (bs) (Entered: 10/09/2003)
15 INTERVENOR'S complaint by Kimberly Helm against defendant Benchmark Rstl Svc.; with jury demand. (bs) (Entered: 10/24/2003)
16 PROOF of service by intervenor-plaintiff Kimberly Helm of [15-1] (bs) (Entered: 10/28/2003)
17 ANSWER by defendant Benchmark Rstl Svc to intervenor complaint [15-1] with affirmative defenses; jury demand and proof of service. (bs) (Entered: 11/13/2003)
18 NOTICE of setting civil status conference for 2:30 1/14/04 , setting scheduling conference for 2:30 1/14/04 (bs) (Entered: 11/18/2003)
19 NOTICE of resetting civil status conference for 2:00 1/27/04 , and scheduling conference for 2:00 1/27/04 (bs) (Entered: 12/11/2003)
20 NOTICE TO APPEAR: Scheduling Conference reset for 3/4/2004 09:30 AM before Honorable David M Lawson. (TJac, ) (Entered: 02/18/2004)
Minute Entry -Scheduling Conference held on 3/4/2004 before Honorable David M Lawson. (TJac, ) (Entered: 03/04/2004)
21 SCHEDULING ORDER: Final Pretrial Conference set for 11/23/2004 03:00 PM before Honorable David M Lawson. Jury Trial set for 12/7/2004 08:30 AM before Honorable David M Lawson. Status Conference set for 4/29/2004 04:30 PM before Honorable David M Lawson. Dispositive Motion Cut-off set for 9/14/2004 Signed by Judge David M Lawson. (Refer to image for additional dates)(TJac, ) (Entered: 03/05/2004)
22 WITNESS LIST by Kimberly Helm (JLam, ) (Entered: 03/18/2004)
23 WITNESS LIST by Benchmark Residential Services, Incorporated (JLam, ) (Entered: 03/18/2004)
24 WITNESS LIST by Equal Employment Opportunity Commission. (CGre, ) (Entered: 03/22/2004)

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04/22/2004 04/23/2004 05/10/2004 05/11/2004
06/10/2004 06/15/2004
07/19/2004 07/19/2004 07/22/2004

25 PLAINTIFF'S Non-Stipulaton to Case Evaluation. (BSoc, ) (Entered: 04/23/2004)
26 NOTICE TO APPEAR: ADR Status Conference reset for 5/10/2004 09:30 AM before Honorable David M Lawson. (TJac, ) (Entered: 04/23/2004)
Minute Entry -Status Conference held on 5/10/2004 before Honorable David M Lawson. (TJac, ) (Entered: 05/10/2004)
27 ORDER Scheduling Settlement Conference for 6/14/2004 09:00 AM before Honorable David M Lawson. Signed by Judge David M Lawson. (BSoc, ) (Entered: 05/12/2004)
28 STATEMENT of Position on Settlement by Equal Employment Opportunity Commission. (BSoc, ) (Entered: 06/15/2004)
29 SCHEDULING ORDER: Settlement Conference rescheduled for 6/21/2004 09:30 AM before Honorable David M Lawson. Signed by Honorable David M Lawson. (Refer to image for additional dates)(BSoc, ) (Entered: 06/16/2004)
30 ORDER of dismissal with prejudice. Signed by Honorable David M Lawson. (BSoc, ) (Entered: 07/20/2004)
31 CONSENT JUDGMENT Signed by Honorable David M Lawson. (BSoc, ) (Entered: 07/20/2004)
32 CERTIFICATE OF SERVICE by Kimberly Helm re 30 Order, 31 Consent Judgment. (BSoc, ) (Entered: 07/22/2004)

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[CONTENT] June 2003 | the Detroit Office of the EEOC | Benchmark Residential Services | the U.S. District Court | the Eastern District | Michigan |||  |||  ||| the Southern Division | the Northern Division | July 2003 | October 2003 ||| July 2004 ||| EEOC | Title VII | 99,000 ||| 2004 | last 2007 |||  [SUMMARY] In June 2003, the Detroit Office of the EEOC filed this lawsuit against Benchmark Residential Services, Incorporated in the U.S. District Court for the Eastern District of Michigan.  We do not have a copy of the complaint; therefore the exact allegations involved are unknown.  However, the intervenor complainant's complaint alleges the defendant subjected her to sexual harassment based on her sex, female, and that she was terminated from her position after she refused to have sex with her supervisor.  Following defendant's successful motion to change venue from the Southern Division to the Northern Division in July 2003, the complainant intervened in the lawsuit in October 2003.  After a series of status conferences, the parties settled the lawsuit in July 2004 through a consent decree.

The consent decree, containing an anti-retaliation clause, required the defendant to: provide and report to the EEOC regarding Title VII training, restore the complainant's position and make provisions for her insurance coverage, post notice of employee rights, and pay $99,000 to the complainant as monetary relief and interest.

The decree was entered in 2004 and scheduled to last 2007. No further docket entries exist, so the case is closed.
