F I L E IN TIlE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION

r SEP :~ 0 ?005 0

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintifl;
v.
EXELON GENERATION CO. LLC (Byron Nuclear Power Station),
Defendant.

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..,.1: MICHAEL W. DOBBINS
. . . . U••• fJIIfllflU 6..

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)

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COMPLAINT

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JUDGE AMY ST. EVE

~AGlSTRI..;rE 1\J0GE DENLOW

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JURY TRIAL DEMAND

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NATURE OF THE ACTlON This is an action under Title I ofthe Americans witll Disabilities Act of 1990 ("ADA") and Title I of the Civil Rights Act of 1991 to correct unlawful employment practices on the basis
or disability and to provide appropriate reliefto Carl Brandt, David Gomlan, Igor Komarek, and
Sheila Werland. Defendant Exelon Generation Company LLC (f/kla Commonwealth Edison Company, Nuclear Division) Byron Nuclear Power Station (hereafter, "Exelon") discriminated against Brandt, Gorman, Komarek, and Werland on the basis of their disabilities by refi.lsing to permit them to work overtime, to promote them to certain positions and/or to train them for celiain positions, thus causing them a material and tangible loss of benefits. Exclon further violated the ADA hy commingling employee medical and personnel records, failing to limit access to those records and failing to maintain the confidentiality of those records.
JURISDICTION AND VENUE 1. Jurisdiction of this Court is invoked pursuant to 28 U.S.C. §§ 451,1331,1337,

1343, and 1345. This action is authorized and instituted pursuant to §I 07(a) of the ADA, 42 lLS.C ~ 12117(a), which incorporates by reference §§ 706(f)( 1) and (3) of Title VII of the Civil Rights Act of 1964, ("Title VII"), 42 U.S.C ~~ 2000e-5(f)(I) and (3), and pursuant to Section 102 of the Civil Rights Act of 1991,42 U.S.C. § 1911 1a.
2. The employment practices hereafter alleged to be unlawful were and arc now being committed within the jurisdiction of the United States District Court fi.lr the Northern District ofTllinois.
PARTIES 3. Plaintiff Equal Employment Opportunity Commission (the "Commission") is the agency of the United States of America charged witb the administration, interpretation and enforcement of Title I of tbe ADA and is expressly authorized to bring this action by Section 107(a) of the ADA, 42 U.S.C. ~ 12117(a), which incorporates by reference Sections 706(f)(1) and (3) ofTille VII, 42 U.S.C. §§ 2000e-S(f)(I) and (3). 4. At all relevant times, Defendant Exelon Generation Company LLC has continuously been and is now a Pennsylvania limited liability company doing business in the State of Illinois and ha~ continuously had and does now have at least fifteen (1 S) employees. 5. At all relevant times, Defcndant Exelon Generation Company LLC has continuously been and is now an employer engaged in an industry affecting commerce within tbe meaning of Section 101(5) of the ADA, 42 U.S.C. ~ 12111(5), which incorporates by reference Sections 701(g) and (h) of Title VII, 42 U.S.C §§ 2000e(g) and (h). 6. At all relevant times, Defendant Exelon Generation Company LLC has been a covered entity under Section 101(2) of the ADA, 42 U.S.C § 12111(2).

STATEMENT OF CLAIMS 7. More than thirty (30) days prior (0 (he institution of (his lawsuit, Carl Brandt, David Gomlan, Igor Komarek, and Sheila Werland filed charges with the Commission alleging violations of Title I of the ADA by Commonwealth Edison Company, whose successor is Exelon G~neration Company LLC. All conditions precedent to the institution ofthis lawsuit have been fulf111ed. 8. Since at least October, 2000, Exelon Generation Company LLC has engaged in unlawful employment practices at its Byron Nuelear Power Station in Tllinois in violation of Sections 102(a), (b)(I), (b)(3)(A) and (d)(4)(C) of Title I of the ADA, 42 U.S.c. §~ 12112(a), (b)(I), (b)(3)(A) and (d)(4)(C). These practices include, but arc not limited to: (a) refi.!sing to pem}it Brandt, Gorman, Komarek, and Werland on tile basis of their
disabilities to work overtimc, to promote (hem to certain positions and/or (0 train them for certain positions, thus causing them a material and tangible loss of bcnefits; and (b) commingling employee medical and personnel records, lailing to limit access to those records and fililing to maintain the contldentiality orthose records.
9. The eff~ct or the practices complaincd of abov~ in Paragraph 8 has been to dcprive Brandt, Gomlan, Komarek, and Wcrland of equal employm~nt opportunities and oth~rwise adversely aff~ct their status as employecs because oftheir status as disabled persons, in violation ofTitl~ I orthe ADA, 42 U.S.c. § 12112.
10. The unlawful employment practices complained of above in Paragraph 8 wer~ and are intentional.
I I. The un lawfnl employm~nt practices complained of above in Paragraph 8 were and are done with malice and/or reckless indifference to the federally protected rights of Brandt, Gonnan, Komarek, and Werland.

PRAYER FOR RELIEF WHEREFORE, the Commission respectfully requests that this Court: A. Grant a permanent injunction enjoining Exelon Generation Company LLC, its officers, successors, assigns, and all persons in active concert or participation with it, Irom engaging in any employment practice which discriminates on the basis of disability; B. Order Exelon Generation Company LLC to institute and carry out policies, practices, and programs which provide equal employment opportunities for qualified individuals with disabilities, and which eradicate the ellCcts of its past and present unlawful employment practices, including maintaining separate confidential medical mes for each employee; C. Order Exelon Generation Company LLC to make whole Brandt, Gorman, Komarek, and Werland by providing appropriate back pay with pre-judgment interest, in amounts to be proved at trial, and other affinnative rcliefnecessary to eradicate the etTects of its unlawful employment practices; D. Order Exelon Generation Company LLC to make whole Brandt, Gorman, Komarek, and Werland by providing compensation for past and future pecuniary losses resulting from its unlawful employment practices, in amounts to be determined at trial; E. Order Exelon Generation Company LLC to make whole Brandt, Gomlan, Komarek, and Werland by providing compensation lor non-pecuniary losses resulting ii-om its unlawful employment practices, including but not limited to, emotional pain, suffering, loss of enjoyment of life and humiliation, in amounts to be dctellllincd at trial; F. Order Rxc10n Generation Company LLC to pay Brandt, Gommn, Komarek, and Wcrland punitive damages for its malicious and/or reckless conduct, in amounts to be detennined at trial;

G. Order Exelon Gencration Company LLC and its successors to provide training to

its officers, managers and employees on appropriate conduct in regard to employees who arc

disabled; H.

Grant such further relief as the Court deems necessary and proper in the public

intercst; and 1. Grant the Commission its costs in this action.

JURY TRIAL DEMAND

The Commission requests a jury trial on all issues of fact raised by its Complaint.

Respectfully submitted, JAMES L LEE Deputy General Counsel
son egional Att ney
~'.f- J ~1JDY\.
Diane 1. Smason Supervisory Trial Attorney
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
500 West Madison Street, Suite 2800 Chicago, Illinois 60661 (3\2) 353-7526

 </s> IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff,
v.
EXELON GENERATION CO. LLC (Byron Nuclear Power Station),
Defendant.

) ) ) ) ) ) Case No. ) ) ) Judge ) ) )

CONSENT DECREE

THE LITIGATION

1. Plaintiff Equal Employment Opportunity Commission ("EEOC") filed this action alleging that Defendant Exelon Generation Company LLC (f/k/a Commonwealth Edison Company, Nuclear Division) Byron Nuclear Power Station (hereafter "Defendant") violated Title I of the Americans with Disabilities Act of 1990 (the "ADA"), 42 U.S.c. § 12101 et~, by discriminating against Charging Parties Carl Brandt, David P. Gorman, Igor Komarek and Sheila Werland (collectively, "the Charging Parties") at the Byron, Illinois facility by denying them overtime work, training and/or promotions due to their disabilities. EEOC also alleged that Defendants violated the ADA by commingling employee medical and personnel records, failing to limit access to those records and failing to maintain the confidentiality of those records.
2. In order to resolve this matter, and as a result of having engaged m comprehensive settlement negotiations, the parties have agreed that this action shall be finally resolved by entry of this Consent Decree (hereafter "Decree"). This Decree fully and finally

Error! Unknown document property name.

resolves any and all issues and claims arising out of the Complaint filed by EEOC. This Decree is not an admission by Defendant of a violation of the Americans with Disabilities Act or any wrongdoing. Nothing in this Consent Decree shall be deemed to constitute an admission by either party with respect to the claims or defenses of the other.
FINDINGS 3. Having carefully examined the terms and provisions of this Decree, and based on the pleadings, record, and stipulations of the parties, the Court finds the following:
a. This Court has jurisdiction of the subject matter of this action and of the parties.
b. The terms of this Decree are adequate, fair, reasonable, equitable, and just. The rights of EEOC, Defendant, the Charging Parties and the public interest are adequately protected by this Decree.
c. This Decree conforms with the Federal Rules of Civil Procedure and the ADA and is not in derogation of the rights or privileges of any person. The entry of this Decree will further the objectives of the ADA and will be in the best interests of the parties, the claimant, and the public.
NOW, THEREFORE, IT IS ORDERED, ADJUDGED AND DECREED THAT: INJUNCTION AGAINST DISABILITY DISCRIMINATION
4. Defendant and its owners, officers, agents, management (including supervisory employees), successors and assigns, and all those in active concert or participation with them are hereby enjoined from discriminating against Defendant's employees in violation of the Americans with Disabilities Act.

NON-RETALIATION 5. Defendant, its owners, officers, agents, employees, successors, assigns and all persons acting in concert with them shall not engage in any form of retaliation against any person because such person has opposed any practice made unlawful under the ADA, filed a Charge of Discrimination under the ADA, or testified or participated in any manner in any investigation, proceeding, or hearing under the ADA.
SEVERANCE AGREEMENT 6. Defendant and Sheila Werland ("Werland") have contemporaneously entered into a severance agreement whereby Werland will be ceasing her employment with Defendant as of January 6, 2005, and Defendant will pay her $57,498.27 as a lump sum severance payment, minus lawful deductions and subject to execution of an agreement containing the provisions mutually agreed to by Werland and Exelon. Neither Werland and Defendant's entering into said severance agreement nor Werland's cessation of employment has been made a condition of this Consent Decree by any party, and entry into said severance agreement and the cessation of said employment is entirely voluntary and reflects the personal desire and specific request ofWerland to cease her employment with Defendant.
MONETARY RELIEF 7. In addition to the lump sum severance payment provided for by the severance agreement detailed in Paragraph 6, Defendants shall pay the following amounts as damages to each Charging Party:

----------.-.,.,.,~

Carl Brandt:

$40,000

David p, Gonnan: $40,000

Igor Komarek:

$40,000

Sheila Werland:

$40,000

No withholdings shall be made from these amounts, Each such payment shall be

reported to the IRS on a Fonn 1099.

8. Upon entry of this Consent Decree, EEOC shall mail to each Charging Party a

Release Agreement in the form attached hereto as Exhibit A. The Charging Parties will execute

and return the Release Agreement to EEOC, who will then send them to Defendant. Within five

(5) days of Defendant's counsel's receipt of each executed Release Agreement, Defendant shall

mail to the home address of each Charging Party for whom Defendant received an executed

Release Agreement a check(s) for the amounts listed above in Paragraph 7 (and in Paragraph 6,

for Werland), made payable to each Charging Party. Defendant shall also mail a copy of all such

checks to EEOC at the address set forth in Paragraph 23, below.

POSTING OF NOTICE

9. Within ten (10) business days after entry of this Decree, Defendant shall post

copies of the Notice attached as Exhibit B to this Decree on the bulletin boards usually used by

Defendant for communicating with its employees at the Byron Nuclear Power Station. The

Notice shall remain posted for two (2) years from the date of entry of this Decree. Defendant

shall take all reasonable steps to ensure that the posting is not altered, defaced or covered by any

other material. Defendant shall certify to EEOC in writing within ten (10) business days after

entry of the Decree that the Notice has been properly posted. Defendant shall pennit a

representative of EEOC to enter its premises for purposes of verifying compliance with this Paragraph at any time during normal business hours without prior notice.
RECORD KEEPING 10. Defendant shall maintain and make available for inspection and copying by EEOC records (including names, social security numbers, addresses, and telephone numbers) of each of Defendant's employees who complain of disability discrimination at the Byron facility. With respect to complaints of disability discrimination, such report shall indicate the date the complaint was made, who made it, what was alleged, and what actions were taken to resolve the matter. 11. Defendant shall make all documents or records referred to in Paragraph 10 above available for inspection and copying within ten (10) business days after EEOC so requests. In addition, Defendant shall require supervisory personnel within its employ whom EEOC requests for purposes ofveriJYing compliance with this Decree to cooperate with EEOC and to be interviewed and shall encourage non-supervisory employees within its employ whom EEOC requests for purposes of verifying compliance with this Decree to cooperate with EEOC and to be interviewed.
REPORTING
12. Defendant shall furnish to EEOC the following written reports every six (6) months for a period of two (2) years following entry of this Decree. The first report shall be due six (6) months after entry of the Decree. Each such report shall contain:
a. A summary of the information recorded by Defendant pursuant to Paragraph 10;

.-..~... - - - - - - - - -
b. A certification by Defendant that the Notice required to be posted pursuant to Paragraph 9 remained posted during the entire six (6) month period preceding the report; and
c. A list of Defendant's employees who have received the training required pursuant to Paragraph 14 below and the dates on which they received such training.
ADOPTION AND DISTRIBUTION OF POLICY AGAINST DISABILITY DISCRIMINATION
13. Defendant's shall adopt and distribute, consistent with its normal practices, to all current and future employees at the Byron Nuclear Power Station a policy against disability discrimination within thirty (30) days after the entry of this Consent Decree which shall, at a minimum, include the terms summarized in subparagraphs (a) through (g) below:
(a) Specific prohibition of all discrimination on the basis of disability against Defendant's employees.
(b) Inform Defendant's employees that they are entitled to a reasonable accommodation of their disability in accordance with the terms of the ADA.
(c) Inform Defendant's employees that complaints of disability discrimination, whether formal or informal, written or oral, may be made to any person in the chain of command above an employee or directly to human resources personnel. Provide the phone number for and name ofa person in the Human Resources Department to whom complaints of discrimination may be made. State that the complaining employee is not required to complain to any person to whom it believes is responsible for the discrimination. State that all supervisors and managers who become aware of disability discrimination, either through a complaint or otherwise, have an obligation to report such information to their immediate supervisor and to the person designated in Human Resources to accept such complaints.

(d) Inform Defendant's employees that all complaints of disability discrimination will be investigated thoroughly and promptly and provide that employees who violate the policy are subject to discipline up to and including discharge. Provide that the employer will protect the confidentiality of discrimination complaints to the extent possible.
(e) Provide that employees who make complaints of harassment and/or discrimination or provide information related to such complaints will be protected against retaliation.
(f) Provide that, in determining whether an employee is eligible for overtime or promotion, Defendant shall consider the employee's actual physical or mental condition(s), rather than solely the employee's restrictions (whether temporary or permanent), and shall conduct an individualized assessment of each employee, taking into consideration the employee's private physicians' opinions and recommendations.
(g) Provide that, in determining whether an employee should be provided a reasonable accommodation and the nature of the accommodation, Defendant shall conduct an individualized assessment of each employee, taking into consideration the employee's private physicians' opinions and recommendations.
Defendant shall forward a copy of the Policy to EEOC within thirty (30) business days after entry of this Decree. Within ten (10) business days of distributing the Policy, Defendant shall certify in writing that they distributed the policy to all of its employees. The inclusion of Paragraph 13 in the Decree does not mean that EEOC or the Court approves of Defendant's policy against disability discrimination.

TRAINING 14. Defendant shall implement a training program regarding disability discrimination and the ADA, which shall be in effect for at least the two (2) year period of this Consent Decree and shall be conducted in accordance with subsections (a) through (c) below: (a) All of Defendant's Byron management, supervisory, Human Resources and Occupational Health Services (OHS) employees, and all medical personnel (whether or not employed by Defendant) who are involved in the reasonable accommodation process, evaluating or determining an employee's work restrictions, and/or determining whether an employee's physical or mental conditions are temporary or permanent (so as to permit qualification for overtime work or promotion), shall participate in mandatory training regarding disability discrimination and the ADA, including the Act's confidentiality provisions, with such training sessions to begin within sixty (60) days and to be completed within three hundred (300) days after entry of this Decree. The training may differ depending upon the trainee's position, with the expectation that training will be more detailed for Human Resources, OHS and medical personnel than for managers and supervisors. (b) The training shall include, but not be limited to, a detailed discussion regarding disability discrimination and reasonable accommodation, including: (1 )the process for determining whether an employee is eligible for overtime or promotion, which shall consider the employee's actual physical or mental condition(s), rather than solely the employee's restrictions (whether temporary or permanent), and shall include an individualized assessment of each employee, taking into consideration the employee's private physicians' opinions and recommendations; and (2) the process for determining whether an employee should be provided a reasonable accommodation and the nature of the accommodation, which shall include an

individualized assessment of each employee, taking into consideration the employee's private physicians' opinions and recommendations.
(c) Defendant shall provide comparable training to any new employees or medical personnel, as described above, who begin working at or for Defendant's Byron facility after the training sessions have taken place within ninety (90) days of the beginning of their work for Defendant.
IS. Defendant will undertake the training at its own expense and will advise EEOC of the identity of its trainer in advance and provide training materials upon request. Defendant presently anticipates that training will be conducted by Exelon Corporation's Legal Department. Should Defendant wish to use any trainer other than Exelon Corporation's Legal Department, Defendant shall obtain EEOC's approval of such proposed trainer prior to the training session. Defendant shall submit the name, address, telephone number, resume and training proposal of the proposed trainer to EEOC at least fifteen (15) days prior to the proposed date(s) of the training. EEOC shall have five (5) calendar days from the date of receipt of the information described above to accept or reject the proposed trainer. In the event EEOC does not approve Defendant's designated trainer, Defendant shall have five (5) calendar days to identify an alternate trainer. EEOC shall have five (5) calendar days from the date of receipt of the information described above to accept or reject the alternate trainer. If the parties cannot through this process agree on a trainer, then they may seek the Court's assistance under Paragraph 19.
16. Defendant shall certify to EEOC in writing within ten (10) business days after the training has occurred that the training has taken place and that the required personnel have attended. Such certification shall include: (i) the date, location and duration of the training; and

(ii) a copy of the registry of attendance, which shall include the name and position of each person in attendance.
17. Defendant shall also provide EEOC with any and all copies of pamphlets, brochures, outlines or other written material(s) provided to the participants of the training session(s).
MEDICAL RECORDS 18. Defendant recognizes the confidential nature of employee medical records and the need to protect its employees' medical records and information from improper use or disclosure. Defendant will therefore maintain the confidentiality of information about its employees' medical conditions or histories in accordance with the ADA. Nothing in this paragraph shall be interpreted to prohibit Defendant from adopting reasonable medical confidentiality policies and practices to comply with law, including the federal Health Insurance Portability and Accountability Act and similar state laws.
DISPUTE RESOLUTION 19. In the event that either party to this Decree believes that the other party has failed to comply with any provision(s) of the Decree, the complaining party shall notify the other party of the alleged non-compliance and shall afford the alleged non-complying party twenty (20) business days to remedy the non-compliance or to satisfy the complaining party that the alleged non-complying party has complied. If the alleged non-complying party has not remedied the alleged non-compliance or satisfied the complaining party that it has complied within twenty (20) business days, the complaining party may apply to the Court for appropriate relief.

DURATION OF THE DECREE AND RETENTION OF JURISDICTION 20. Unless otherwise noted, all provisions of this Decree shall be in effect (and the Court will retain jurisdiction of this matter to enforce this Decree) for a period of two (2) years immediately following entry of the Decree, provided, however, that if, at the end of the two (2) year period, any disputes under Paragraph 19, above, remain unresolved, the term of the Decree shall be automatically extended (and the Court will retain jurisdiction of this matter to enforce the Decree) until such time as all such disputes have been resolved.
MISCELLANEOUS PROVISIONS 21. Each party to this Decree shall bear its own expenses and costs. EEOC and Defendant shall bear its own attorneys' fees. 22. The terms of this Decree are and shall be binding upon the present and future representatives, agents, directors, officers, assigns, and successors of Defendant in their capacities as representatives, agents, directors and officers of Defendant, and not in their individual capacities. 23. When this Decree requires the submission by Defendant of reports, certifications, notices, or other materials to EEOC, they shall be mailed to: Exelon ADA Settlement, Equal Employment Opportunity Commission, 500 W. Madison Street, Suite 2800, Chicago, Illinois, 60661. When this Decree requires submission by EEOC of materials to Defendant, they shall be mailed to: Susan H. Rider, Associate General Counsel for Labor and Employment, Exelon Business Services Company, 10 S. Dearborn, 35th Floor, Chicago, IL 60603.

For the EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 1801 L Street, N.W. Washington, D.C. 20507 JAMES L. LEE Deputy General Counsel GWENDOLYN YOUNG REAMS Associate General Counsel
(
~1(hU J ~V\J0111h\. iane I. Smason Supervisory Trial Attorney
For Defendant EXELON GENERATION COMPANY LLC And COMMONWEALTH EDISON lOS. Dearborn, 35 th Floor Chica , 606
usan H. Rider Associate General Counsel for Labor and Employment
ENT
.~
Judge Date:

EXHIBIT A RELEASE AGREEMENT I, _____, for and in consideration of the sum of $40,000 payable to me pursuant to the terms of the Consent Decree entered by the Court in EEOC v. Exelon Generation Company LLC(Byron Nuclear Power Station), (N.D. 111.), on behalf of myself, my heirs, assigns, executors, and agents, do hereby forever release, waive, remise, acquit, and discharge Exelon Generation Company LLC (Byron Nuclear Power Station) ("Defendants"), and all past and present shareholders, officers, agents, employees, and representatives of Defendant, as well as all successors and assignees of Defendant, from any and all claims and causes of action of any kind which I now have or ever have had under the Americans with Disabilities Act of 1990, 42 U.S.c. § 12101 et~, as a result of or arising from the subject matter and claims which were or which could have been asserted in EEOC v. Exelon Generation Company LLC (Byron Nuclear Power Station), (N.D. I1l.). I understand that nothing in this Release Agreement or in the Consent Decree is an admission ofa violation of the Americans with Disabilities Act or of wrongdoing by Defendant.

Date

Signature

NOTICE TO ALL DEFENDANT'S EMPLOYEES

This Notice is being posted pursuant to a Consent Decree entered by the federal court in EEOC v. Exelon Generation Company LLC (Byron Nuclear Power Station), Case No. -c==c=-=:::c-' resolving a lawsuit filed by the U.S. Equal Employment Opportunity Commission ("EEOC") against Exelon Generation Company LLC (Byron Nuclear Power Station) ("Defendant").

In its suit, EEOC alleged that Defendant violated the Americans with Disabilities Act ("ADA").

To resolve the case, Defendant and EEOC have entered into a Consent Decree which provides appropriate relief to the employee and, among other things, that:

I) Defendant will not discriminate against any employee on the basis of that employee's disability in accordance with the terms of the ADA;

2) Defendant will not retaliate against any person because (s)he opposed any practice made unlawful by the ADA, filed an ADA charge of discrimination or participated in any ADA proceeding; and

3) Defendant will distribute to all of its employees a policy against disability discrimination and will provide training regarding disability discrimination and its policy against disability discrimination to its managerial, supervisory, Human Resources and OHS employees, and all medical personnel; and

4) Defendants will maintain all employee medical records and information in files that are separate and distinct from employee personnel files.

The EEOC enforces the federal laws against discrimination in employment on the basis of race, color, religion, national origin, sex, age or disability. If you believe you have been discriminated against, you may contact EEOC at (312) 353-8195. EEOC charges no fees and has a TTD number.
THIS IS AN OFFICIAL NOTICE AND MUST NOT BE DEFACED BY ANYONE

This Notice must remain posted for two years from the date below and must not be altered, defaced of covered by any other material. Any questions about this Notice or compliance with its terms may be directed to: Exelon Settlement, EEOC, 500 West Madison Street, Suite 2800, Chicago, IL 60661.

\o~ s -0.5

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Date

 </s> CM/ECF LIVE, Ver 3.0 - U.S. District Court, Northern Illinois - Docket... https://ecf.ilnd.uscourts.gov/cgi-bin/DktRpt.pl?301302357581154-L_35...
CLOSED, DENLOW
United States District Court Northern District of Illinois - CM/ECF LIVE, Ver 3.0 (Chicago)
CIVIL DOCKET FOR CASE #: 1:05-cv-05660

Equal Employment Opportunity Commission v. Exelon Generation Co., LLC Assigned to: Honorable Amy J. St. Eve Cause: 28:451 Employment Discrimination

Date Filed: 09/30/2005 Date Terminated: 10/05/2005 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

Plaintiff
Equal Employment Opportunity Commission

represented by Diane Ilene Smason United States Equal Employment Opportunity Commission 500 West Madison Street Suite 2800 Chicago, IL 60661 (312) 353-7568 Email: diane.smason@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

AUSA United States Attorney's Office (NDIL) 219 South Dearborn Street Suite 500 Chicago, IL 60604 (312) 353-5300 Email: USAILN.ECFAUSA@usdoj.gov ATTORNEY TO BE NOTICED

John C. Hendrickson United States Equal Employment Opportunity Commission 500 West Madison Street Suite 2800 Chicago, IL 60661 (312) 353-8551 Fax: (312) 353-8555 Email: john.hendrickson@eeoc.gov ATTORNEY TO BE NOTICED

V. Defendant

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Exelon Generation Co., LLC (Byron Nuclear Power Station)

represented by Jennifer M. McMahon Exelon Business Services Company 10 South Dearborn P.O. Box 805379 35th Floor Chicago, IL 60603-5379 (312)394-4970 Fax: (312) 394-4895 Email: jennifer.mcmahon@exeloncorp.com ATTORNEY TO BE NOTICED
Susan Helene Rider Exelon Business Services Company P.O. Box 805379 10 South Dearborn, 49th Floor Chicago, IL 60603-5379 (312) 394-4970 Email: susan.rider@exeloncorp.com ATTORNEY TO BE NOTICED

Date Filed 09/30/2005 09/30/2005 09/30/2005
09/30/2005 09/30/2005
10/04/2005
10/05/2005
10/05/2005

#

Docket Text

1 COMPLAINT filed by Equal Employment Opportunity Commission; Jury Demand.(mb, ) (Entered: 10/03/2005)
2 CIVIL Cover Sheet (mb, ) (Entered: 10/03/2005)
3 ATTORNEY Appearance for Plaintiff Equal Employment Opportunity Commission by John C. Hendrickson, Diane Ilene Smason (mb, ) (Entered: 10/03/2005)
4 JOINT MOTION for entry of consent decree (amb, ) (Entered: 10/03/2005)
5 NOTICE of Motion by all parties for presentment of motion for entry of conent decree 4 before Honorable Amy J. St. Eve on 10/5/2005 at 09:00 AM. (amb, ) (Entered: 10/03/2005)
7 ATTORNEY Appearance for Defendant Exelon Generation Co., LLC by Susan H. Rider and Jennifer M. McMahon, Susan Helene Rider (ar, ) (Entered: 10/06/2005)
6 WAIVER OF SERVICE returned executed by Equal Employment Opportunity Commission. Exelon Generation Co., LLC waiver sent on 10/3/2005, answer due 12/2/2005. (Smason, Diane) (Entered: 10/05/2005)
8 MINUTE entry before Judge Amy J. St. Eve: Enter Consent Decree and Notice to all defendant's employees. Joint Motion for entry of Consent Decree 4 is granted. This Decree shall be in effect for two years, until 10/5/07. This court shall retain jurisdiction to enforce the terms of this Consent Decree. This case is dismissed with leave to reinstate by or on 10/5/07. Each party to this Decree shall bear its own expenses and costs. EEOC and defendant shall bear its own

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10/05/2005

attorneys' fees. Case terminated. Mailed notice (lcw, ) (Entered: 10/07/2005)
9 CONSENT DECREE Signed by Judge Amy J. St. Eve on 10/5/2005.(lcw, ) (Entered: 10/07/2005)

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[CONTENT] September 2005 | the Chicago District Office | EEOC | Exelon Generation Co., Inc. | Byron Nuclear Power Station | Commonwealth Edison Company | the U.S. District Court | the Northern District | Illinois ||| four | Americans | ADA ||| the same day ||| early October 2005 | about a week ||| two-year | EEOC | ADA | 217,498.27 | four ||| 2005 | 2007 |||  [SUMMARY] In September 2005, the Chicago District Office of the EEOC brought this suit against Exelon Generation Co., Inc., Byron Nuclear Power Station (formerly known as Commonwealth Edison Company, Nuclear Division) in the U.S. District Court for the Northern District of Illinois.  The complaint alleged that the defendant discriminated against the four charging parties, disabled individuals, by refusing to: allow them to work overtime, promote them to certain positions, and maintain the confidentiality of medical and personnel records in violation of the Americans with Disabilities Act of 1990 ("ADA").  The parties submitted a proposed consent decree to the court on the same day that the complaint was filed.  The court approved the consent decree in early October 2005, about a week after the complaint was filed. 

The two-year decree, containing non-discrimination and non-retaliation clauses, required the defendant to: post a notice of the consent decree, report to the EEOC at specified intervals, maintain relevant records, adopt and distribute an anti-discrimination policy, provide ADA training, and pay $217,498.27 to be divided among the four charging parties.  

The decree was entered in 2005 and scheduled to last until 2007. No further docket entries exist, so the case is closed.
