F I LED

LAL

f\lJG ;j U 2005

IN THE UNITED STATES DISTRICT COURT

3. t:>. ,:L15t,b FOR THE NORTHERN DISTRICT OF ILUNOlS

~.. 0 5 C e•l:I.=.I$M•I•CHu. .l8WIS.fRB,OaBTIClINO.URT

EASTERN DIVISION

4 995

Equal Employment Opportnnity

)

Commission,

)

)

CIVIL ACTION NO.

Plaintiff,

)

JUDGEASPEN

)

Jndge

v.

)

Magistrate Ju~CS'STRATE JUDGE ASHMAN

)

)

COMPLAINT

Hand M International Transportation, Inc., )

)

JURY TRIAL DEMAND

)

Defendant.

)

)

NATURE OF THE ACTION

This is an action under Tille VII ofthe Civil Rights Act of 1964, as amended, 42 U.S.C. §

2000e et seq. ("Title VTT"), and Title 1 of the Civil Rights Aet of 1991, 42 U.S.C. § 1981a, 10

correct un law ful employment practices on the basis of sex and to provide appropriate relief to a

class of women, including Anita Evans and Gwendolyn Farley, who were victims of sexual

harassment. Plaintiff, the U.S. Equal Employment Opportunity Commission (the

"Commission"), contends that Defendant, Hand M International Transportation, inc.,

discriminated against female employees by subjecting them to sexual harassment in violation of

Title VTT

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 Section 706(f)(1) and (3) and

Seetion 707(e) of Title VTT o[(he Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e-

I

5(1)(1) and (3) and §2000e-6(e), and Section 102 oflhe Civil Righ(s Act of 1991, 42lJ.S.C.

§1Y8la.

2. The employment practices alleged to he unlawful were committed within the

jurisdiction ol'the United States District Court for the Northem District of Illinois, Eastem

Division.

PARTIES

3. Plaintitf, the Equal Employment Opportunity Commission, is the agency oCthe

United States of America charged with the administration, interpretation and enforcement of

Title Vll, and is expressly authorized to bring this action by Section 706(f)(1) and (3) and

Section 707(e) of Title Vll, 42 U.S.c. § 2000e-5(f)(1) and (3) and § 2000e-6(e).

4. At all relevant (imes, Defendant has continuously been and is now doing business

in Northlake, Illinois and has continuously had at least fifteen (15) employees. At all relevant

timcs Defendant has had over 500 employees.

5. At all relevant times, Defendant has continuously been an employer engaged in an

industry affecting commerce within (he meaning of Sections 701 (b), (g) and (h) oCTitie VII, 42

U.S.c. ~ 2000e-(b), (g) and (h).

STATEMRNT OF CLAIMS

6. More than thirty days prior to the institution of this lawsuit, Gwendolyn Farley

and Anita Evans filed charges oJ'diserimination with the Commission alleging violations of

Title VII by DeI'mdant. All conditions precedent to the institution of this lawsuit have been

lulfillcd.

7.

Since about September 2001, Defendant has engaged in unlawful employmcnt

2

practices at its facility in Notthlake, Illinois in violation of Section 703(a)(l) of Til1c Vll, 42 U.S.c. § 2000e-2(a)(I). These practices include discriminating against Anita Evans ("Evans") and Gwendolyn Farley ("Farley"), and a class of other female employees, by subjecting them to sexual harassment from September, 2001 through June I, 2004.
8. The effect of the practices complained of in paragraph seven above has been to deprive Evans, Farley and a class of female employees of cgual employment opportunities and
otherwise adversely affect their stalus as cmployees because or their sex.
9. The unlawful employment practices complained of in paragraph seven ahove were intenlional.
10. The unlawful employment practices complained of in paragraph seven ahove were done with malice or with reckless indi fTerencc to the federally prolected rights or Evans, Farley, and a class of other female employees.
PRAYER FOR RELIEF WHBREFORE, the Commission respectfully reguests that this Court: A. Grant a penn anent injunction cnjoining Defendant, ils oniccrs, successors, assigns, and all persons in active concert or participation with it, from engaging in any employmenl practice which discriminates on the basis of sex; B. Grant a pennanent irliunction enjoining Defendant, its officers, successors, assigns, and all persons in active concert or participation with it, from relaliating against any employee for participating in a protected activity; C. Order Defendanl 10 institute and carry out policies, practices, and programs which
3

provide equal employment opportunities for women, and which eradicate the effects of its past

and present unlawful employment practices;

D. Order Defendant to make whole Evans, Farley and a class of female employees

by providing afllmlative rc1iefnecessary to eradicate the effects of its unlawful employment

practices;

E. Order Defendant to make whole Evans, Farley and a class of female employees

by providing compensation for past and future pecuniary losses resulting from sexual

harassment;

F. Order Defendant to make whole Evans, Farley and a class of female employees

by providing compensation for past and future non-pecuniary losses, including emotional pain,

suffering, inconvenience, loss of enjoyment of life and humiliation resulting from sexual

harassment;

G. Order Defendant to pay Evans, Farley and a class of female employees punitive

damages for its malicious and/or reck less conduct, in amounts to be determined at trial;

H. Order Defendant and its successors to provide training to its ofllcers, managers

and employees regarding sexual harassment in the workplace;

1.

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

interest; ami

.T.

Award the Commission its costs in this action.

JURY TRIAL DEMAND

The Commission requests ajury trial on all questions offacl raised hy its Complaint.

4

Respectfully submitted, Eric S. Dreiband General Counsel .lames Lee Depuly General Counsel Gwendolyn Young Reams Associate General Counsel EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 1801 "L"
Go'rdon Waldron Senior Trial Attomey EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 500 Wcst Madison Street, Suite 2800 Chicago, T1Iinois 60661 (312) 353-7525
5

 </s> UNITED STATES DISTRICT COURT

lP I L FOR THE NORTHERN DISTRICT OF ILLINOIS

'EI

D EASTERN DIVISION

.Qj

EQUAL EMPLOYMEKT OPPORTUNITY COMMISSION,
Plaintiff,
vs.
HAND M INTERNATIONAL TRANSPORTATION, INC.,
Defendant,

)

DCT 3 1 2005 WH

) )

~ICHAEL W. oOSSIN

) No. 05 Cj995

)

~.

) Judge Aspen
)

, ,U,S.OlS1RICfcJUFtT

) Magistrate Judge Ashman ) ) )

GWENDOLYN FARLEY, Intervening Plaintiff,
VS.
HAND M INTERNATIOKAL TRANSPORTATION, INC.,
Defendant.

) ) ) ) PLAINTIFF DEMANDS A JURy TRIAL ) ) ) ) ) ) )

J).}-/U'{J.fJers COMPLAINT

NOW COMES the Intervening Plaintiff, Gwendolyn Farley, (hereinafter "Farley"), by

and through her Attorneys, Pedersen & Houpt, and files this suit against the Defendant, Hand M

International Transportation, Inc. ("H & M") and in support thereof, states as [oIlO\vs:

JURISDICTION AND VENUE

1. Thisis an action for declaratory, inj unctiYe, and other appropriate relief, inc!uding

back pay, costs, and attorney's fees, to redress the deprivation of Farley's rights, secured by Title

VII of the Civil Rights Act of 1964, 42 U.s.C. 2000e et seq.

422m2 . . "]

2. The jurisdiction of this Court is invoked to secure protection of and to redress deprivation of rights secured by Title VII providing for injunctive and other relief against discrimination in employment on the basis of sex. This Court has jurisdiction of this action under 42 U.S.C. 2000e-5(f)(3).
PARTIES 3. Farley is a female citizen of the United States and Illinois. At all times material herein, Intervening Plaintiff has resided in the judicial district of this Court. Farley was an active employee of the H & M from the date of her employment in October 2000 until May 2004. 4. H & M is aNew Jersey corporation, doing business in the State of Illinois; \Vith it principal place of business at 301 \Vest Lake Street, Northlake, I1linois. H & M is in the business of providing transportation of goods of various manufacturers.
ADMINISTRATIVE PROCEDURE 5. Farley filed charges of discrimination with the Equal Employment Opportunity Commission ("EEOC") against H & M in 2004, consistent with Title Vll. See Exhibit A, attached hereto. 6. On June 9, 2004, Farley and another employee ofH & M filed a Police Action Report with the Northlake Police Department. See Exhibit B, attached hereto. 7. On March 15, 2005, the EEOC fOf\varded correspondence to Farley stating, "...determined that the evidence obtained in the investigation establishes reasonable cause to believe that Respondent [H & M] subjected a class of Black female employees, including Charging Party [Farley], to sexual harassment based on their sex, female, and race, Black, and retaliated against them and discriminated against them because of their sex, female, by

422052v1

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discharging them and/or subjecting them to different terms and conditions of employment, in violation of Title VII." See Exhibit C, attached hereto.
FACTUAL ALLEGATIONS COMMON TO ALL COUNTS 8. Farley was employed as an Office Assistant and Gate Supervisor. 9. Farley remained at aforementioned position(s) until May 1,2004 when she was told that her position had been eliminated, however, said explanation was a mere pre-text for firing the Plaintiff when the true motive was her actions in resisting sexual harassment and for her complaining about said activities. 10. During her employment, Farley was subjected to a harassing work environment that was condoned by H & M. 11. During her employment, Farley was subjected to sexual harassment by her supervisor, James Nolan (''Nolan''). 12. On many occasions, Nolan wouJd rub Farley's shoulders and arms, even after she asked him to stop. 13. Nolan told Farley that he hated women and that he would never hire another woman. 14. On a regular basis, and in front of other employees, Nolan would state that "women are only good for sucking, fucking, and having babies." 15. In December 2003, Nolan shoved snow done Farley's shirt and pants and then proceeded to chase her around the building in attempt to continue assaulting her. 16. On numerous occasions, Nolan would show Farley self-inflicted knife cuts on his arm. 17. Nolan punched a cabinet door in Farley's presence.

422052 .. 1

3

18. Nolan got angry when Farley would not attend a funeral "vith him.
19. On several oc~asions, Nolan insisted that Farley attend lunch ",,1th him.
20. During the aforementioned lunches, Nolan would touch Farley's back and arm.

21. Nolan repeatedly asked Farley to have sex with him. 22. Nolan repeatedly told Farley to look for another job when she turned down his

advances. 23.

During Farley'S employment ""1th H & M, Nolan forwarded correspondence to

Farley proclaiming his love and desire to conduct sexual activities "'1th her. See Group Exhibit

D, attached hereto. 24. The aforementioned correspondence that was sent to Farley contained profanity,

graphic, crude, pornographic, and unv,anted sexual advances. 25. Because of this continued harassment, Farley began suffering from severe

emotional distress.

COUNT I - SEXUAL HARASSMENT 26. The allegations set forth in Paragraphs One through Twenty-Five of this Complaint are hereby incorporated by reference as if set forth in full herein as Paragrapha one through Twenty-Six of count I of this Complaint. 27. On a regular basis, and in front of other employees, Nolan would state that '\vomen are only good for sucking, fucking, and having babies. " 28. Nolan repeatedly asked Farley to have sex with him.

4220052... 1

4

.........................................------
,.
29. During Farley's employment with H & !vi, Nolan fon.varded correspondence to Farley proclaiming his love and desire to conduct sexual activities with her. See Group Exhibit D, attached hereto.
30. The aforementioned correspondence that was sent to Farley contained profanity, graphic, crude, pomographi c, and unwanted sexual advances.
WHEREFORE, Inten.'ening Plaintiff respectfully prays this Court for: A. Judgment for the lnten'ening Plaintiff and against the Defendant, find ing the acts of the Defendant and their agents, complained of herein are in violation of Title VII of the Civil Rights Act; B. An award of compensatory and punitive damages to the maximum amount provided by statute or determined by a jury. C. All back pay lost since the date of termination, plus pre-judgment interest. D. For injunctive relief, enjoining the Defendant from permitting such profane and boorish behavior in the work place. E. An award of attorneys' fees, expert witness' fees and costs as provided under Title VII of the Civil Rights Act. F. Retain jurisdiction over this action to assure full compliance with the order of thi s Court and with applicable law; G. Grant such other additional relief as the Court deems proper and just.

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5

,
COUNT II - HOSTILE WORK EI'o'VIRONMENT 31. The allegations set forth in Paragraphs One through Thirty of this Complaint are hereby incorporated by reference as if set forth in full herein as Paragraph Thirty-One of this Complaint. 32. During her employment, Farley was subjected to a harassing \vork environment that was condoned by H & M. 33. During her employment, Farley was subjected to sexual harassment by her supervisor, James Nolan ("N olan"). 34. H & M by and through the management of the company permitted these actions to be carried on in such a flagrant manner so as to create an unreasonably hostile work environment. 35. Nolan was in a managerial capacity at such a senior level that complaining to anyone would have been futile. 36. When Farley did complain Nolan repeatedly told Farley to look for another job.
WHEREFORE, Intervening Plaintiff respectfully prays this Court for: A. Judgment for the Intervening Plaintiff and against the Defendant, finding the acts of the Defendant and their agents, complained of herein are in violation of Title VII of the Civil Rights Act; B. An award of compensatory and punitive damages to the maximum amount provided by statute or determined by a jury.
c. All back pay lost since the date of termination, plus pre-judgment interest.

422052vl

6

,.
D. For injunctive relief, enjoining the Defendant from permitting such profane and boorish behavior in the ,vork place.
E. An award of attorneys' fees, expert witness' fees and costs as provided under Title VII of the Civil Rights Act.
F. Retain jurisdiction over this action to assure full compliance with the order of this Court and 'with applicable law;
G. Grant such other additional relief as the Court deems proper and just.

COUNT III - RACIAL DISCRIMINATION 37. The allegations set forth in Paragraphs One through Thirty-Six of this Complaint are hereby incorporated by reference as if set forth in full herein as Paragraph Thirty-Seven of this Complaint. 38. The Defendant treated African American woman in a different manner than Caucasian women as the African American women were the only women subject to such offensive and constant haras sment. 39. The Plaintiff is African American. WHEREFORE, Intervening Plaintiff respectfully prays this Court for: A. Judgment for the Intervening Plaintiff and against the Defendant, finding the acts of the Defendant and their agents, complained of herein are in violation of Title VII of the Civil Rights Act; B. An award of compensatory and punitive damages to the maximum amount provided by statute or as awarded by a jury.

422052,,1

7

"
C. All back pay lost since the date of termination, plus pre-judgment interest. D. For injunctive relief, enjoining the Defendant from permitting such profane and boorish behavior in the 'work place. E. An award of attorneys' fees, expert ""itness' fees and costs as provided under Title VII of the Civil Rights Act, F. Retain jurisdiction over this action to assure full compliance v.~th the order of this Court and with applicable law; G. Grant such other additional relief as the Court deems proper and just.
COU1'\'T IV - ASSAULT 40. The allegations of Paragraph One through thirty Nine of this Complaint are hereby incorporated by reference as if set forth in full herein as Paragraph Forty of this count of the Complaint. 41. On numerous oc{;asions, Nolan would rub Farley's shoulders and touch her arms. 42, In December 2003, Nolan shoved snow done Farley's shirt and pants and then proceeded to chase her around the building in attempt to continue assaulting her. 43. By reason of the assaults, Farley was injured in that she was touched in an offensive manner by a person she did not give permission to touch her in any manner. 44. That Nolan was, at all times relevant to this Complaint, the agent of H & M and \,'as using his authority or apparent authority as Farley's Supervisor. WHEREFORE, the Intervening Plaintiff respectfully prays this Court to: A. Issue a judgment for the Intervening Plaintiff against the defendant; B. Issue an award of compensatory and punitive damages as determined by a jury;

4221}52\'1

8

" C. For an award of attorney's fees and costs; D. Grant such other and further relief as the Court deems proper and just.
COUNT V - INTENTIONAL INTERFERENCE WITH AN ECONOMIC ADVANTAGE
45. The allegations set forth in Paragraphs One through Forty-Four of this Complaint are hereby incDrporated by reference as if set forth in full herein as Paragraph Forty-five of this Complaint.
46. v,'here a person is an at-Vvill employee, they can state a claim of action for intentional interference with prospective eoonomic advantage. The required elements are 1) possession of a reasonable expectation ofentering into a valid business relationship; 2) knowledge on the part of the defendant of this expectation; 3) purposeful interference by defendant preventing the expectation from ripening into a valid business relationship; and 4) damages resulting from the interference. Fellhauer v. City of Geneva, 568 N.E.2d 877,878 (1991).
47. Farley did in fact possess a reasonable expectation of entering into a valid business relationship 'when she took the job at H and M, through her continued employment.
48. James Nolan, as a co-employee, knew of this expectation. 49. H and M and Nolan purposefully interfered by preventing Farley from actually having a valid business relationship, because their conduct created a hostile working environment and caused her physical and emotional distress that it prevented her from fulfilling her obligations as an employee ofH and M.

422052'1f'

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PRAYER FOR RELIEF WHEREFORE, Intervening Plaintiff Farley respectfully prays this Court to: A. For a judgment for the Intervening Plaintiff Farley and against the Defendant, finding the acts of the Defendant, complained of herein are guilty of intentional interference with contractual relations; B. For an award of compensatory and punitive damages as determined by a jury: C. For an award of attorneys' fees and costs; D. Retain jurisdiction over this action to assure full compliance "'lith the orders of this Court and \~ith applicable law; E. Grant such other additional relief as the Court deems proper and just.
COUNT VI - INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS 50. The allegations set forth in Paragraphs One through Forty-Nine of this Complaint are hereby incorporated by reference as if set forth in full herein as Paragraph Fifty of this Complaint. 51. On numerous occasions, Nolan would show Farley self-inflicted knife cuts on his arm. 52. Because of aforementioned harassment, Farley began suffering from severe emotional distress. 53. The Conduct of the Defendant and their agents was so extreme and outrageous that it went beyond all possible bounds of decency and was intolerable for a civilized society. 54. The Defendant as the Plaintiffs boss stood in a position of power and control over the Plaintiff.

422052~'1

10

" 55. The Defendant used their position of power and control to inflict their outrageous
acts, 56. The Defendant through their agent either intended that his conduct would inflict
sever emotional distress on the Plaintiff or should have known that there was a high probability that his conduct would cause sever emotional distress to the Plaintiff.
WHEREFORE, Intervening Plaintiff Farley respectfully prays this Court to: A. For a judgment for the Intervening Plaintiff Farley and against the Defendant, finding the acts of the Defendant, complained of herein are guilty of intentional interference ",,,ilh contractual relations; B. For an award of compensatory and punitive damages as determined by a jury: C. For an award of attorneys' fees and costs; D. Retain jurisdiction over this action to assure full compliance with the orders of this Court and with applicableI aw; E. Grant such other additional relief as the Court deems proper and jus!.
COUNT VII - RETALIATORY DISCHARGE 57. The allegations set forth in Paragraphs One through Fifty-Six of this Complaint are hereby incorporated by reference as if set fOrlh in full herein as Paragraph Fifty-Seven of this Complaint. 58. That on or about May 1,2004, Farley was terminated from H & M, as a result of her filing di scrimination charges with the EEOC.

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11

59. That on or about May I, 2004, H & M intentionally discharged Farley from her emplo)ment in retaliation of and solely for Farley's exercise of her civil rights, specifically, the ri ght against sexual discrimination.
60. That the Defendants reasoning for firing the Plaintiff was a mere pretext for the actual reasons for firing the Plaintiff.
61. That Farley was damaged as a result of the retaliatory discharge from her emplo)ment by H & M in that she lost wages, and incurred mental stress and humiliation.
PRAYER FOR RELIEF WHEREFORE, Intervening Plaintiff respectfully prays this Court for: A. Judgment for the Intervening Plaintiff and against the Defendant, finding the acts of the Defendant and their agents, complained of herein were an intentional discharge. B. .till award of compensatory and punitive damages as determined by a jury. e. All back pay lost since the date of termination, plus pre-judgment interest. D. An award of attorneys' fees, expert witness' fees and costs as provided under Title VII of the Civil Rights Act. E Retain jurisdiction over this action to assure full compliance 'with the order of this Court and with applicable law; F. Grant such other additional relief as the Court deems proper and just.
Respectfully submitted, PEDERSEN & HOUPT, P.e.
B~~---One of its Attorneys

422{152 ... ·1

12

Lav.Tence W. Byrne Christine Decke Alt Pedersen & Houpt, P.C. 161 N. Clark Street, Suite 3100 Chicago, IL 60601-3224 (312) 641-6888 Atty. Code # 07779

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13

CERTIFICATE OF SERVICE
Lawrence W. Byrne, an attorney, states that he caused a copy of the foregoing COMPLAINT OF THE INTERVENING PLAINTIFF to be served upon the following attorney of record:
Gordon G. Waldron U.S. Equal Employment Opportunity Commission
Chicago District Office 500 W. Madison St., Suite 2800
Chicago, Illinois 60661
by enclosing a true and correct copy thereof in a duly-addressed, postage prepaid envelope, and depositing same in the United States Mail from 161 N. Clark Street, Suite 3100, Chicago, Illinois 60601 before 5:00 p.m. this 31" day of October, 2005~
7 - /"""--..- By: C __-_-_-_vJ_~---:-~L...,.__,_:.,___--
Attorney for Intervening Plaintiff

EXHIBIT A

CHARGE OF DISCRIMINATION

.

This fantl; i.s affected by the P!i...acy Act of 1974. See encJose:::l Privacy Act

• S!Bremenl and other informatioll before completirrg this foml

Ch arg e Presented To,
D FEPA
(8J EEOC

AgenCY(ies) Charge No(s):
21 0·2004..()4637

- - - - - - - - - _ . - . ~---~~
N:ame (Iftdic&te Mr., Ms., Mrs)
Ms. Gwendolyn Farley

111inDis_DeJlartmellt~9f Human Rig h~s --------------- --Siale or local Ageocy, {[ar1Y Home Pnooe No. (10<1 Are. Cod,! J
(708) 516-5514

and EEOC
Date of Birth
09·10·1970

S1reat Address

CiIY, State .and ZIP Code

P.O. Box 728, Forest Park, IL 60130

Named is the Employer, Labor Orgaflizalion, Employment Agency, Apprellticesllip Committee, or State or Local Govemment Agency That I Believe Disromioate<i Against Me Of 01l1ers. (if more than two, list under PARTICULARS below.)

Name

No. Emplojo"E!es, Members Prone No. (Include Area Code)

H & M INTERNATIONAL

101 ·200

(708) 216-0006

Slreet Address

Cit>;", state and ZIP Code

301 West Lake Street, Northlake, IL 60164

Name

No_ Empl.ctyees, Members Phone No[). {lnr:Jurie kea Code)

Strc:ct ,iL/'h:'rE' S~

r:tl. ::::''01:'' :;:~:-i 71P Cod"",

OISCRIf'.tNA.TIOO BAS ED ON (Chec.~ appropriate boAes).)

DRACE DCOlOR
[ i ] RETALiATION

[i]SEX

D RELIGION

D Wl.HONAL OR:mN

DAGE

D DISABILITY

D OTHER (Specify ce!ow.)

DATE(S) DISCRIMINATIOt-.;; TOOK PLACE

Earl~st

La1.e:s!

05-05-2003

05-02·2004

D CONTINUING ACTION

THE PARTICULARS ARE (I( addilional PiJper Ji; needed, atiacn e-xtra .sne.et(s}):

I began my employment with Respondent in October 2000. My most recent position was Office Assistant and Gate Supervisor. During my employment I was subjected to verbal and physical sexual harassment by my Terminal Manager. I opposed the sexual harassment. On May 2,2004, I was discharged.

I believe I have been discriminated against because of my sex, female, and retaliated against, in violation of Title VII of the Civil Rights Act of 1964, as amended.

.

,

.. . ..
<

~
, "

,
.. ""\'

..

,
\_i .. ..

~

I want lh:s charge fil€d 'hiI:h both the EEOC and the State or local Agency, if ally. I 'hill
advise tIw! agel"lCies if ~ cil.ange my address or phone numb€r and I ""'11 cooper-ate funy
v.ittllhem in the proc.essing of m~' cllar-ge in accordance ""ith lheir proced ures.
I declare under penalty of perj LJ.I)' that the abo...·e is true al1d correct.

May 10, 20()4
0 ...

~~~ _10' r,' 11, .i t c;;;Part;S;

NOTARY "Wi?eri ne-ressal'"y for $tale ami LocaJ Agency ReqlJl:~rtfs
I swear or affirm that I have read the above warge and that it is true to
the bast of my kllowle-dge, information and belief. SIGNATURE OF GOMPLMWWT
SUBSCRIBED AND SW ORN TO BEFORE ME THIS DATE (mcnfh.. day, yea..-)
-

CHARGE OF DISCRIMINATION

.

This!orm is affected Dy 1Ile Pri'lfCLCy Act of 1974. See enclosed Privacy Act

Sialement and other irl'fonnalion befiJre completing this form.

Charge Presented To:
D FEPA
IZJ EEOC

Ag enCY{ies) Charg e No(s):
AMENDED 21 0·2004·04637

Illinois Department Of Human Rights
-
Stale- Of local Agency, if any

and EEOC

Name (Indicate Mr., Ms., Mrs.)

Home Phone No. (Inel Area Code)

Dale of Birth

Ms. Gwendolyn Farley

(70S) 263·9647

09·10·1970

Street Address

City.. State and ZIP Code

P.O. Box 72S, Forest Park, IL 60130

Named is lIle Employer, Lat>or Organizalkln, Employment Agency, Apprenticeship Committee, or State or Local Government Agency That I Belie", Discriminated Against Me or Others. (If more than tlNO, list under PARTICULARS below.)

Name

No. Employees, Members Phone N:D. {include Area Code)

H & M INTERNATIONAL

101·200

(70S) 216·0006

Street Address

City, State and ZIP Code

301 West Lake Street, Northlake, IL 60164

Name

No. Emplo~'ees, Members PllOne No. (lfl.Clude Area Cede)

Street Address

City, State a.nd ZIP Code

DISCRLMINATION BASED ON (Checit: appropriate bCtx(esj.}

[ i ] RACE

D COLOR

[ i ] RETALIATION

o [i]SEX o D D AGE

RELIGION OlSABILm'

D NATIONAL ORIGIN
OTHER (Specify below. I

DATE{S) DISCRIMINATION TOOK PLACE

Earliest

Latost

05-05·2003

05·02·2004

[ i ] CONTINUING ACnON

THE PARTICULARS ARE (ff addil'ionat paper is needed, a.ftacft extra she-er(s»:

I began my employment with Respondent in October 2000. My most recent position was Office Assistant and Gate Supervisor. During my employment I was subjected to verbal and physical sexual harassment by my Terminal Manager. The Terminal Manager sexually harassed Black females. I opposed the sexual harassment. On May 2,2004, I was discharged.

I believe I have been discriminated against because of my sex, female; my race, Black, and retaliated

against, in violation of Title VII of the Civil Rights Act of 1964, as amended.

_.

---

--

; ,..:CEIVEO EEOC

DEC 1 6 200~

,CHICAGO DISTRICT OFFle'"

I wan! this -charge filBd with ~h the EEOC and the Slate or local Agem;y, if any. I will advise the agencies if I change my add(ess or phone number and I wi II coopoerate full~
'With tt\em in 1M processing or my charge in 8ccordartCe with Il"telr procedures.
I declare under penalty of pe~tJ ry lIlat ttle above is true and correct.
.Jtti~~~~ O&e 16, 2004 Oat-e

NOTARY L-\-'hen necessary for SIa!e afK:1- Local Agency Require.rnents
I swear or affi nn li1at j have read the above charge and that ills true to the best of my knowledge, tllformation and belief.
SIGNATURE OF COMPl.IIJNANT
SUBSCRIBED AND SW ORN TO 8 EFORE ME THIS DATE {_/fl, day, year' I

EXHIBITB

NORTHLAKE POLICE DEPARTMENT

POLICE ACTION REPORT

Ad'dress .30 \ uJ- \AleE sr

Dale:

Time Roc:eived:

Id'" Business Name:

N ~-h~N"L

Oq uurl !2oot1

1;'~3 ivs

t.ncident "'~umber
0'-/ - 125"Z 6'

INCIDENT REPORTED

1 .

Assist File

2

Alarm:

Bu[glarylFi re/Oth sr

3.

Ab an done d Auto

4.

Ass ist Olh erAge ncy

5.

An imal:

StraylB arki ng/Othe r

6.

Disturbance:

DomesticlD ru~.klNoise

7.

Curfew Volation

8.

Mis diaLIH angu p

9
10. 11.
@)
13. 14.
.15
16.
17.

lool D. L. ! Lice nse Plate
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Card Issued: Yes

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C - COMPLAINANT E - EMPLOYEE J - JUVENILE

R . RESI DENT

SUB - SUBJECT

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FORM 109 REV. 7198

EXHIBIT C

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

Chicago District Office

500 West Madi,,,,, St" Suite 2800

Chkago, lL 60661 PH: (J 12) J 53-2713 TDO: (J 12) J 53-2421 ENFORCEMENT FAX: (J12) &&6-116& LEGAL FAX: (312) J 53-855 5

EEOC Charge Number 210-2004-04637

Gwendolyn Farley P,O. Box 728 Forest Park, Illinois 60130
vs.
H & M International Transportation, Inc. 75 County Road Jersey City, Nev.' Jersey 07307
&
H & M International Transportation, Inc. 301 West Lake Street Northlake, Illinois 60 164

Charging Party Respondent Respondent

AMENDED DETERMINATION

Under the authority vested in me by the Commission's Procedural Regulations, I issue the following detennination on the merits ofthe subject charge filed under Title VII ofthe Civil Rights Act of 1964, as amended (Title VII).
The Respondent is an employer \\ithin the meaning of Title VII and all requirements for coverage have been met.
The Charging Party alleges that she was subjected sexual harassment by the Respondent and that she was retaliated against for opposing the sexual harassment by being tenninated. In addition, Charging Party alleges that Respondent subj ected a class of female employees, including Charging Party, to sexual harassment becanse of their race, Black, in violation of Title VII.
I have determined that the evidence obtained in the investigation establishes reasonable cause to believe that Respondent subjected a class of Black female employees, including Charging Party, to sexual harassment based on their sex, female, and race, Black, and retaliated against them and discriminated against them because oftheir sex, female, by discharging them and/or SUbjecting them
to different terms and conditions of employment, in ".iolation of Title VII,

EEOC Charge Number 210-2004-04637 Page 2
This determination is final. When the Commission fmds that violations have occurred, it attempts to eliminate unlav.ful practices by informal methods of conciliation. Therefore, I imite the parties to join with the Commission in reaching ajust resolution of this matter. Disclosure of information obtained during the conciliation process will be made only in accordance with the Commission's Procedural Regulations (29 CFR Part 1601).
Ifthe Respondent Vv-lshes to accept this invitation to participate in conciliation efforts, it may do so at this time, by proposing terms for a conciliation agreement; thaI proposal should be provided to the Commission representative within 14 days ofthe date ofthis determination. The remedies for violations of the statutes we enforce are designed to make the identified victims whole and to provide corrective and preventive relief. These remedies may include, as appropriate, an agreement by the Respondent not to engage in unlawful employment practices, placement of victims in positions they would have held but for the discriminatory actions, back pay, restoration of lost benefits, injunctive relief, compensatory and/or punitive damages, and notice to employees of the violation and the resolution of the claim.
Should the Respondent have further questions regarding the conciliation process, or the conciliation terms they would like to propose, we encourage the Respondent to contact the assigned Commission representative. Should there be no response from the Respondent in 14 days, we may conclude that further conciliation efforts would be futile or nonproductive.

On Behalfof the Commission

!~, -Ihcc/\ ~.

Date

~P.Rowe

District Director

EXHIBITD

• H&M INTERNATIONAL TRANSPORTATION INC. GLOBAL 2
301 W. LAKE ST. NORTHLAKE IL. 60164
October 31, 2002 Ms. Gwen Farley On Thursday October 31, I appointed you to the new position of my administrative assistant. Part of your new duties, per the orders of Vice President of Intermodal Operations Joe Sievert, were to do whatever I direct you to do. Also you will no longer be part of Mike Parker's loser slam I plan on setting up a meeting to discuss in great detail your new duties. Also, I am applying a dress code which you l\fL'ST upholdl If you have any questions, please feel free to ask me and I will gladly explain my position. I look forward to working closely with you!
Terminal Manager
cc: Mike Parker cc: company fi Ie

•
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._-{ ilriP
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To: Gwen From: Jim
I MISS You!

A special message from Jim: Baby, just so you know again, I miss you a lot. I hope you like this card because I picked out the entire thing! I only hope you read this one! love, JIM
love Always, Jim
A special poem selected for you! I ~iss You by lody l. Moody
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I miss the well-loved voice of you, Your tender smile for me, The charm of you, The joy of your unfailing sympathy, Because the world is full of folks; it's true, But there was only one of you.
I miss you in the noontide, Th e crowd ed city st reet, http://cards.lovingyou.cmn/piatinumimagiccard.cgi? 11 021 7584515661

11/12/02

Subj:

Mistletoe nig htmare!

Date:

11130102 7: 53: 13 PM Central Standard Ti me

From:

dbrui se r_69@hotmail.com

i

To:

gwen.031@aol.com

Sent from the Internet (Details)

Boy am I mad at you Woman! I had my guys search the wo~d to find some mistletoe and they did, and you didn'l come in to see me! I guess I know where I stand now! I have no a~emative but to tum gay now! You've stolen
my will to live a nd all my desires for women! I will be gobbling dick by
tomorrow! It wi II all be your fa ull! You've driven me 10 gayness! I ho pe you can live wilh yo urse If! Let my homo ways be on you r conscience I
Yours truly, Jamie

i,..

I

"\

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•
Welcome, Guest
Yahoo! Greetings
- ...- - - - - - - - - - - - - - - - - - - - - -
To: Gwen

'/ n .;-: t r 0 1]'
I always wanted to tell you that! Although I'd rather act like dogs!!! As you
can tell, I'm on line and thinking about you! You always bring out the dog in me! By the way there's something about the image of you on your hands and knees
that will kill me til the day I die! I'll NEVER give up hope Woman!!!! NEVERHll!
Love Always,
- Jim

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--

l __
3/18/03

•

Baby, if I could have just one wish, I would
,wish for one day of pleasure with you. I would i
'I show you SO many things and give you so
I much pleasure you'd NEVER want to stop! It ,all starts with a teeny tiny lick in just the right: I, place with just the right amount of paSSion! I

'God I WANT you' Just remember I'll never get i i the thought of seeing you naked out of my

mi nd! I could die right after tasti ng you just

, IOV:~~~~YS, I, once! Oh well, I can always have you in my

I

JIM

I

Jim

j

I1_~~==F=orCYo:u ~~~==~I f;===~~==~~====~j

By Joy Manandic

II

Loo k into my eyes and trust me.

Look into my mind and understand

me.

Look into my heart and love me.

I Look into my soul and feel what I 1

I

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listen to my heart and hear me With II clarity .

Look into my eyes and see the truth "I
and honesty in my love.
Be by my side and this passion will I'
bind us forever.

L

L

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Welcome, Guest
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, .-

------ --
To: Gwen

Baby, just a quick I Love you note to say I'm thinking about you and I miss
you! I hope you're okay, because I'm in a shitty mood! But 011 it takes is one of your smiles, and EVERYTHING seems better! So remember to bring one
tomorrow, cause I'll need it. Love Always,
- Jim

Send a Free Greeting!
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4/1/03

• '"YilHoor.,Greetings .~

Welcome, Guest
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Titfe: Every Inch Of My Being Brought to you by: Ynotco m

To: Gwen
I love you with evety ounce 0( my heing...

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I
...not to mention
evety ,'neh!
@ynot.(:'om
I hope you know I want you more than ever! You keep looking more and more sexy! How much longer can I be expected to control myself? I'm taking you whether you like it or not! Be prepared, Woman! Wear a skirt tomorrow or be prepared to lose some jeans, when I cut them off! Love Always
- Jim

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Kiss me!

Can I call you chocolate? I sure want to eat you!!!! I'm yours for 345 days a year! Love always
- Jim

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To: Gwen

l
'I

I 'I
I
__ I
Baby, On Easter, God has risen! With this in mind, I thought of you, and much like Jesus, I rose os well! Praise be ME! Love Always, The Reverand Doctor,
James E. Nolan D.D.
P.s. By the way, do you know what the only meat a Priest can eat on Friday is? The answer of course is NUN!
- Jim

hltp:l/view.greetings.yahoo.com/greetiview?EQBM4 VJTGF7EY

4120/03

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_________________________

_

To: Gwen

I don't know what this card means, I just wish I had you alone in a snowy cabin
like this just once! r would keep you VERY warm and cozy! Anyway, wrestling
_sucked! No Tommy! I was sad! Now remember,if you want to work this week,
come on in! r want you to get some rest, but I'd miss you too much if I didn't
get to see you all week! I hate not seeing you! Especially naked! My dreams will NEVER die baby! Love Always
-Jim

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Thinking of you!

A special message from JIM: Baby I was just thinking about you and I had to write. I hope everything is gOing okay. I'm SO worried about you! Please call me if you need anything! I hope you know I love you very much.
Love Always, JIM
l',!tId a 4 My Love Card back to JIM now!
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5/10/03

4 G Farley

From: To:
Sent:
Subject:

"Jim Nolan" <dbruiser_69@hotrnail.com> <33chocolale 1@comcastnel> Tuesday, May 20, 2003 10:28 PM I hope I was MISSED!

Woman, I MISSED you! I could say a million things, but that's what I feel

the most. Who ever said absence makes the heart grow fonder was RIGHT! I

don't like being away from you that long, I hope you missed me a little. I

wish you missed me a lot! But I know I'd be dreaming, I HATE dreams, except

for Tommy Dreamer! I don't want to dream anymore, Baby, I decided that up

there. No more dreams for me.l can't keep dreaming my life away. Reality

sucks, but it's something I can live with, I'll never stop wishing things

were different between us, but I know they'll NEVER be, You are the greatest

dream of them all. I wish I deserved someone like you, Maybe I can't have

you, but I know I'm TIRED of the scummy women I deal with now, I want more

out of life than one night stands and west side Hoes! So, I'm going to

change some things about myself. Things will NEVER change how I feel about

you though! I'll ALWAYS love you Woman! You'll ALWAYS be one of my BEST

friends! I'll always compare other women to you! But now I'Ulook for

someone to be with, not someone to just fuck! I thank you for that! You've

shown me there are a few good women left and if! can't have you, I'll find

someone close to you! Thanks for being my friend Gwen! I don't know what I'd

do without your friendship and I'll NEVER leave you! You're my friend til I

die! I promise you that on my Mothers soul! So, call me tomorrow and we'll

go have fun! I truly love you Woman and can't wait to see you and be with

you!

Love Always,

JIM

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., .,.-G..F...a..r.I_e""x_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __

from: To: Sent: Subject:

"Jim Nolan" <dbruiser_69@hotmail.com> <33chocolate 1@CCmcast.net> Saturday, May 24, 20039:35 PM Missing you ...

I just want you to know how much I miss you right now. I keep thinking about

your health and it's KILLING me! I'm begging you Gwen, PLEASE make a doctors

appointment this week. Tina told me about her situation and I can't live

with both of you being sick! So please, take care of yourself and get a

check up. I love you Baby, and I need to know you're okay!

Love Always,

JIM

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~2.farley

From: To: Sent: Sub,iect:

"Jim Nolan" <dbruiser_69@hotmail.com> <33chocolate 1@comcas1.nel> Tuesday, May 27, 2003 7:02 PM I'm SICK!!!

Boy am I sick Baby! I need you to corne over and keep me wann or I might DIE!

I saw dead relatives and Elvis Presley, so I know the end is near. If you

want to save my life, hurry over here and get under the blankets. Your body

heat and love are the ONLY things that may save me. In fact, my doctor

insisted that you come over to save me. Hang on, he wants to write you

something because I'm getting too weak.

Ms. Farley, this is Mr. Nolans physician, Dr Powers and I'm writing this

letter as a prescription for Mr. Nolans health. After much testing and

scientific observation, my colleagues and I agrre that the ONLY thing that

can save poor Mr. Nolans life is your body! We've detennined that Mr. Nolan

can only be saved by your closeness and chemistry! This is a biological

fact. So please hurry to Mr. Nolans bedside so you can save his LIFE. Your

cooperation is very much appreciated.

Baby, it's me again. My doctor has just let me read this prescription and I

know you realize how important this is now. I need your body to LIVE ! You've

got to trust my doctor and hurry over at once! My life is in your hands!

I'll wait for your arrival. But hurry, I'm feeling faint. ..

Love Always, The Late James E. Nolan

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, " Cf. Fartey

From: To:
Sent:
Subject:

"Jim Nolan" <dbruiser_69@hotmail.com> <33chocolate 1@comcasl.nel>
Saturday, May 31, 2003 9:26 PM
I ca n1 make tea!

Baby, I try and try but I can NEVER make my tea as good as yours. I think you should come over, make me some tea, and than we should fool around. That way I can sweat out this cold. You'd be doing me a great service, almost like being a nurse. In fact, why don't you dress like a nurse and we can play nurse pati ent games! You see, even sick I think fast on my feet! Anyway, ljust wanted to write you before I die again like every night! Only you can save my life. I need a big dose of Gwen ! That's the ONLY thing that can save me now! Well, I better go. rm hene with all my dead relatives and they want to talk.

Love Always, JIM

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Baby,if.i!;OUlclcIone-Y'OU, I'd NEVER need the west side
agairil LIlOOld~jllStonel¥Oman:BUT, ft would have to be 5Ome~fus{tii(eyOU:ii:loo't Itlirlk they made another
.you, so ALdNEIMiJST BEn just wanted you \0 know that
. before I 1eaveYOUlhisWl:l6k. Ikrow I'U be back. auL.1
need You toknowlhiSi'
Love ALWAYS, ..
JIM

....
'Jq~. . .. .... ' _ . . . _... > ..... c:om
0·r·. ~j\\./
. __ , L-r:·
. './\(SJ!8<J§SJ?" .

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.

~'~ ......

G. Farley

From: To;
Sent:
Subject:

•Jim Nolan' <dbruiser_69@hotmail.com> <33chocolate l@corncast.net> Monday, June 16, 2003 7:11 PM Cards!

I think you should have gotten those cards now! I told you it was how I feel I That's how I wake up every day when I think about you!! !!! I hope you
liked the pussy one too. You can send me that one back and rn get on it
RIGHT away!!!!

Lick always, JIM

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

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Plaintiff,
and
GWENDOLYN FARLEY, Intervening Plaintiff
v.
H&M INTERNATIONAL TRANSPORTATION, INC.
Defendants.

)

)

)

)

)

)

)

)

)

)

No. 05 C 4995

)

)

)

)

MEMORANDUM OPINION AND ORDER

MARVIN E. ASPEN, District Judge:

Presently before us is H&M International Transportation, Inc.’s motion to dismiss the

sexual harassment claims brought by the Equal Employment Opportunity Commission pursuant

to Section 707(e) of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. §§2000e-

5(f)(1), e-6(e), for lack of subject matter jurisdiction and failure to state a claim.1 For the

following reasons we deny the motion.

STANDARD OF REVIEW

The purpose of a motion to dismiss under Federal Rules of Civil Procedure 12(b)(1) (lack

of subject matter jurisdiction) and 12(b)(6) (failure to state a claim) is to test the sufficiency of

the complaint, not decide the merits of the case. Gibson v. City of Chicago, 910 F.2d 1510, 1520

(7th Cir.1990) (quoting Triad Assocs., Inc. v. Chicago Hous. Auth., 892 F.2d 583, 586 (7th

1 Despite referencing Federal Rule of Civil Procedure 12(b)(6), H&M solely relies on Rule 12(b)(1) as the basis for its motion to dismiss.

Cir.1989)). In considering a motion to dismiss, we must accept all well-pled allegations in the complaint as true and draw all reasonable inferences in the plaintiff's favor. Cody v. Harris, 409 F.3d 853, 857 (7th Cir. 2005); Thompson v. Illinois Dep’t of Prof’l Regul., 300 F.3d 750, 753 (7th Cir. 2002).
Rule 12(b)(1) requires dismissal of claims over which the federal court lacks subject matter jurisdiction. Jurisdiction is the “power to decide” and must be conferred upon the federal court. In re Chicago, Rock Island & Pacific R.R. Co., 794 F.2d 1182, 1188 (7th Cir. 1986). In reviewing a Rule 12(b)(1) motion, we may look beyond the complaint to other evidence submitted by the parties to determine whether subject matter jurisdiction exists. See United Transp. Union v. Gateway W. Ry. Co., 78 F.3d 1208, 1210 (7th Cir. 1996). The plaintiff faced with a 12(b)(1) motion to dismiss bears the burden of establishing that the jurisdictional requirements have been met. See Kontos v. U.S. Dept. Labor, 826 F.2d 573, 576 (7th Cir. 1987).
BACKGROUND The Equal Employment Opportunity Commission (“EEOC”) filed a lawsuit against H&M International Transportation, Inc. (“H&M”) for discrimination based on sex pursuant to Section 706(f)(1) and (3) and Section 707(e) of Title VII of the Civil Rights Act, as amended, 42 U.S.C. §§2000e-5(f)(1), e-6(e). According to the complaint, H&M “engaged in unlawful employment practices” by subjecting Anita Evans, Gwendolyn Farley, and “a class of other female employees” to sexual harassment. (Compl. ¶¶ 7-8.) H&M denies any wrongdoing and further seeks to “dismiss the claims under Section 707 ... because a Section 707 case must be initiated solely by a ‘Commissioner’s charge,’” and Evans’s and Farley’s charges of sexual harassment instigated the current action. (Reply to Mot. at 2; Compl. ¶ 6.) The EEOC argues that the plain meaning of the statutory language allows it to “file a pattern or practice case under

Section 707 of Title VII based on an individual charge” of discrimination. (Resp. to Mot. at 3.) We agree with the EEOC and thus deny H&M’s motion to dismiss.
ANALYSIS Section 707 of Title VII authorizes the EEOC to file a civil action against any nongovernmental entity or individual “engaged in a pattern or practice of resistance to the full enjoyment of any of the rights secured by [the Act.]” 42 U.S.C. § 2000e-6(a), (e). Initially, the Attorney General, rather than the EEOC was charged with enforcement of Title VII. However, Congress expanded the EEOC’s authority to monitor compliance with Title VII in 1972 to secure more effective enforcement. Gen’l Tel. Co. of the Northwest, Inc. v. EEOC, 446 U.S. 318, 326, 100 S. Ct. 1698, 1704 (1980); see also 42 U.S.C. 2000e-6(e). Currently, the EEOC has the “authority to investigate and act on a charge of a pattern or practice of discrimination, whether filed by or on behalf of a person claiming to be aggrieved or by a member of the Commission.” 42 U.S.C. § 2000e-6(e) (emphasis added). Based on the plain meaning of the words, the statute does not mandate a Commissioner’s charge to initiate a § 707 action. Moreover, restricting § 707 actions only to discrimination claims initiated by the Commissioner would run afoul of Congressional intent to broadly and effectively enforce the civil rights protections afforded in Title VII.2
2 H&M’s reliance on dicta in EEOC v. Mitsubishi Motor Mfg. of Am., Inc. 990 F. Supp. 1059, 1084-85 (C.D. Ill. 1998) to support its assertion that a § 707 claim cannot be initiated by an individual charge is misplaced. (Mot. at 3-5.) The Mitsubishi case was initiated by a Commissioner’s charge and it involved the applicability of § 706's statute of limitations to § 707 actions. We agree with Judge Urbom’s reliance on the statutory language to interpret the Act and his disapproval of the proposition in Mitsubishi that § 707 actions are limited to Commissioner’s charges. See EEOC v. Dial Corp., 156 F. Supp. 2d 926, 968 n.35 (N.D. Ill. 2001).

CONCLUSION For the reasons discussed above, we deny H&M’s motion to dismiss EEOC’s claims of a pattern or practice of sexual harassment brought pursuant to § 707 of Title VII.

Dated: 1/10/06

MARVIN E. ASPEN United States District Judge

 </s> ,.·;a

..

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff, GWENDOLYN FARLEY,
Inkrvening Plainti IT,
ANITA EVANS, Int",rvening Plainti IT,
v.
HAND M INTERNATIONAL TRANSPORTATION, INC.,
Defendant.

)
) )
) Case No. 05 C 4995
)
) Judg", Aspen
)
) Magistrate Judge Ashman ) ) )
) ) ) ) ) ) ) ) )

COMPLAINT OF INTERVENING PLAINTIFF ANITA EVANS

Intervening Plaintiff, ANITA EVANS (Evans), states as follows:

INTRODUCTION

Jurisdictiou and Venue I. This is an action to r",dress the deprivation of Evans' rights, secured by Title VII

of the Civil Rights Act of 1964, 42 U.S.C. 2000e et seq. In addition, Plaintiff seeks relief

pursuant to pendant state claims.

2.

This Court hasjurisdiclion of this action under 42 U.S.C. 2000e-5(t)(3). The

court also hasjutisdiction under 2R lJ.S.C.* 1367.

3. Venue is proper pUrS\lant to 28 U.S.C. § 1391(a).

tJ
Parties 4. Evans is a female citizen of the United States and Illinois. At all times relevant herein, she has resided in the district of this Court. Evans has been an employee of the Defendant H & M INTERNATIONAL TRANSPORTATION, INC. ("H & M") from on or about May 8, 2002 through the present. 5. H & M is a New Jersey Corporation, doing business in the State of Illinois; with its principal place of business at 30 I Wcst Lakc Street, Northlake, Illinois. H & M is in the business of providing transportation of goods tor various manufacturers.
ADMINISTRATIVE PROCEDURE 6. Evans filed charges of discrimination with the Equal Employment Opportunity Commission (EEOC) against H & M in 2004, consistent with Titlc VII. A copy of the relevant charge of discrimination is attached hereto as Exhibit A. 7. On or about June 9, 2004, Evans and another employee ofH & M filed a police action report with the Northlake Police Department. A copy of the report is attached hereto as Group Exhibit B. This report relates to the conduct of one of H & M's managers/supervisors, James Nolan (Nolan). 8. On or about March 15, 2005, the EEOC forwarded correspondence to Evans stating in relevant part as follows:
"...evidence obtained in the investigation establishes reasonable cause to believe that Respondent (H & M) subjected a class of Black female employees, including Charging Patty, to sexual harassment based on their sex, female, and race, Black, and retaliated against th<:!lU imd discriminated against them because of their sex, female, by discharging them and/or slIbjecting them to different terms and conditions of <:!mployment,
2

in violation of Title VII. 9. A copy ofthc March 15,2005 letter is attached hereto as Group Exhibit C.

FACTUAL BACKGROUND

10. At all times relevant hereto, Evans performed her employment duties in a satisfactory manner.

II. Shortly after she hegan to work at H & M, and continuing throughout her

employment with H & M, Plaintiff was sexually harassed and sexually discriminated against by Nolan. At all relevant times, Nolan's conduct was condoned by H & M as was the harassing work environment that resulted trom his conduct.

12. The unlawful discrimination and harassment included, hut was not limited to the following:

a. Nolan continually asking Evans to go out on a date with him;

b. Nolan continually sticking his finger in Evans' ears;

e. Nolan continually attempting to massage Evans' shoulders;

d. Nolan massaging EVf\l1s' shoulders without her consent;

e. Nolan continually tclling Evans thai she would he "his;"

f. Nolan continually attempting to massage Evans back;

g. Nolan continually massaging Evans back without her consent;

h. Nolan continually rubbing various body parts against Evans body;

r.

Nolan putting things down the back of Evans, such as snow;

J. Nolan chasing Evans out of the H & M office huilding;

k. Nolan continually running his fingcr up and down Evans' arms;

I. Nohm continually phoning Evans at work and hlowing into the phone

and making sounds;

m. Nolan continually licking his lips while looking at Evans;

n. Nolan continually making sexual comments such as "I will be your

chocolate candy lickcr;"

o. Nolan continually looking down Evans' shirt and making comments about melons;

p. Nolan continually attempting to massage Evans' shoulders;

q. Nolan massaging Evans' shoulders without her consent;

3

"

r. Nolan continually stating that he hated women but that there

was "something" about Evans tbat made him like her;

s, Nolan stating that woman arc only good for what they could

do sexually for him; and

1.

Nolan continually displaying a mural of black women in suggestive

positions.

13. The acts alleged above were unwelcome and directed to Plaintiffbeeause she is female, and the aets creatcd a hostile work environment.

14. Nolan was in a managerial/supervisory rolc at such a scnior level that complaining to anyone would be an act of futility, However, did Evans complain to relevant H & M

supervisory and management kvel personnel about the conduct of Nolan, and/or H & M

supervisory and management level personnel had knowledge of Nolan's conduct, but did nothing

to remedy the situation, As a result, the acts of sexual harassment and sexual discrimination continued throughout Plaintiffs employment with H & M.

15. In addition to Evans being female, she is also black. The sexual harassment and sexual discrimination was directed only to black women.

16. Evans experienced retaliation because she complained of the unlawful behavior cited above. The lmlawful retaliation took four (4) forms. First, Nolan ensured that Evans'

paychecb did not include all the hours she worhd, and therefore numerous paychecks were

"short." Second, Nolan made sure the PlaintitTwas not given overtime and as a result, could not

make the money that other employees were making. Third, Nolan made sure that Evans did not

receive a raise in the years 2003, 2004 and 2005. FOUlth, Nolan continually threatened to fire Evans.
17. H & M supervi~()ry and management level personnel had knowledge of the

4

unlawfLlI retaliation at all relevant times, but did nothing,

COLINTT Federal Claim - Sex Discrimination

18. Intervening PlaintitT incorporates paragraphs 1- 17 of the Introduction as though fully set forth in this Co LInt 1.

WHEREFORE, Intervening Plaintiff, ANITA EVANS, prays that this court enter judgment in her favor On COUNT I and against Defendant, H & M as tl)llows:

a. That allnding be entered that Defendant violated Title VII by sexually

discriminating against Intervening PlaintitT;

b.

That Intervening PlaintitThe ~wardcd the maximum monetary damages available;

c. That Intervening Plaintiff be awarded all wages, benefits and other compensation due to her;

d. That Intervening PlaintilTbe awarded punitive damages;

e. That Intervening Plaintiff be awarded reasonable atlomey's fees and costs; and

f

That Intervening Plaintiff be awarded such other relief as this court deems proper.

COLINT 11 "'eder,,,1 Claim - Hostile Work Environment 19. Intervening Plaintiffincorporates paragraphs 1-18 of Count I as though fully set forth in this Count II. 20. H & M by and through the management and sLlpervisory personnel of the company pennittcd the unlaw Ihl conduct to be carried on in such a fragrant manner as to create an unreasonable hostile work environm"nt. H & M condoned this work environment to which Evans was snbjected. WHEREFORE, Intcrwning Plaintiff, ANITA EVANS, prays that this court enter
judgment in her favor on COUNT r ~nd against Defendant, H & M as follows:
a. That a finding be entered thut Defendant violated Title VII by subjecting
5

Intervening PIainti IT to a hostile work environment;

b. That Intervening PlaintifI' be awankd the maximum monetary damages available;

e. That Intervening PlaintitTbe awarded all wages, benefits and other compensation due to her;

d. 11mt Intervening Plaintiffbe awarded punitive damages;

e. That Intervening Plaintiff be awarded reasonable attorney'S fees and costs; and

f.

That Intervening Plainti Il'be awarded such other relief as this court deems proper.

COUNT III Federal Claim - Race Discrimination

19. Inkrvening Pluintiffrepeats and realleges paragraphs 1-18 of Count I as though fully set tl1l1h in this Count IV.

20. The defen(hmt treated the bla<:k women in a different manner than

caucasian women as black women were the only women subject to such offensive and constant harassment.

21. Evans is black.

WHEREFORE, Intervening Plaintitf, ANITA EVANS, prays that this court enter

judgment in her favor on COUNT III and against Defendant, II & M, as follows:

a. That a finding be entered that Defendant violated Title VII by discriminating against Intervening Plaintiff due to her race;

b. That Intervening PlaintilTbe awarded the maximum monetary damages available;

c. That Intervening Plaintiff be awarded all wages, benefits and other compensation duc to her;

d. That Intervening Plaintiffbe awarded punitive damages;

c. That Intervening Plaintiffbe awarded reasonable attorney's fees and costs; and

f

That Intervening Plaintiffbe awarded sueh other relief as this court deems proper.

COli NT TV
Federal Claim - Retaliation

19. Intervening Plaintiff repeats and realleges paragraphs 1-18 of Count I as though

6

fully set forth in this Count VI.

20. H & M, acting through Nolan, retaliated against Evans for complaining about

sexual harassmcnt, scxual discrimination and racial discrimination by giving her paychecks that

did not cqual the amolLnt of hours she actually worked. In addition, H & M, acting through

Noland would not givc Evans over-time work that other employees were receiving. Further, H &

M acting through Nolan, would not give Evans raises in 2003, 2004 or 2005. Finally, Nolan

continually threatened to tiTe EVJns.

21 At all Tekvant times herein, H & M ratified and/or approved of Nolan's conduct.

22. At all relevant times her"in, Nobn acted as the alter ego of H & M.

WHEREFORE, Intervening Plaintiff, ANITA EVANS, prays that this court enter

judgment in her favor on COUNT IV ami against Ddendant II & M, as follows:

a. That a finding btl enter",d that Defendant violated Title VII by retaliating

against Plaintiff;

b. That Plaintiff be awardcd the maximum monetary damages available;

c. That Plaintiffhe awarded all wages, benefits and other compensation due to her;

d. That Plaintiff be awardcd punitive damages;

e. That PlaintifIb" awarded reasonahle attorney's fces and costs; and

f.

That PlaintiiThe awarded such other relief as this court deems proper.

COUNTY State Claim - Assault and Battery 19. Intervening PlaintifI repeats and rcalleges paragraphs 1-18 of Count I as though fully set forth in this Count V. 20. By reason of the assault and battery by Nolan, Evans was injured in that she was reasonably afraid of hodily hann, Jnd was tOllchcdin an offensive manner by a person she did not gi ve permission to touch her in any manner.
7

21. Nolan was at all times relevant hereto. the agent of H & M and was using his authority or apparent authority as Evans' supervisor.
WHEREFORE, Intervening Plaintift~ ANITA EVANS prays that this court enters judgment in her favor on COUNT V and against Defendant, H & M, as follows:
a. That a tinding be entered that H & M injured Intervening Plaintiff by an assault and battery;
h. That Intervening Plaintiff be awarded the maximum monetary damages available; e. That Intervening Plaintiff be awarded all compensation due to her; d. That Intervening PlaintitIbe awarded punitive damages; and c. That Intervening PlaintitThe awarded such other relief as this court deems proper.
COUNT VI State Claim - Intentional and/or Reckless Infliction of Emotional Distress 19. In(ervening Plaintitlrepeats and realleges paragraphs 1-18 of Count I as though fully set forth in this Count VI.
20. Nolan knew that there was a high probability that his conduct would cause severe emotional distress to Evans and acted intentionally, recklessly, and or willfully and wantonly, and with reckless disregard as to the effect of his conduct.
21. Nolan's conduct did in fact cause Evans severe emotional pain and suffering, distress, anguish and mental trauma.
22. At all relevant times herein, Nolan was an employee of H & M and acted within the scope of his employment.
23. H & M ratified and/or approved of Nolan's conduct. 24. At all relevant times herein, Nolan acted as the alter ego of H & M. WHEREFORE, Intervening Plaintiff, ANITA EVANS, prays that this court enter judgment in her favor on Count VI and against Defendant H & M, as follows:
8

a. That a finding be entcred that Nolan injured Intervening Plaintiff by intentional

and/or reckless and/or willful and/or wanton infliction of emotional distress;

b. That Intervening Plaintitlbe awarded the maximwn monetrary damages available;

c. That Intervening Plain(iffbe awarded all compensation due to her;

d. That Intcrvening Plaintitlbe awarded punitive damages;

e.

That Intcrvening PlaintilThe awarded reasonable utlorney'~ fees and costs; and

f.

That Intervening Plaintiff be awarded such other relief as this court deems proper.

Respectfully Submitted,

ROSS J. PETERS The Law Office~ ol"Ross J. Peters, Ltd. 33 North County Street, Ste. 402 Waukegan, Illinois 60085 Telephone: 847-625-1854 Facsimile: 847-625-02~2 Attorncy Number: 03126326

"
CHARGE OF DISCRIMINATION

rl'lil totm ....~bym-P"""iWActof 1'''... Slit ~~.cI Priv3qlAd.

.

•-' S1.iJ~'m.N :lJ'IG G!tI..,. ~tilll"l befoN comDletlna 0'Il. *;Inn.

o Charge Presented To: FEPA I:8J eeoc

Agency(ies) Charge No!s):
AMENDED 210-20()4.0SD59

Illinois Deeartment Of Human Rig,hts

and EEOC

"'m. (~Mt~ ",t-, AIt~.)

SI.rc.,IOcOl"-.N_

_ P.... N•. (In<I",..O>do)

D.r.at 8iM

Ms. Anita D. Evans
Swc:tA~.

City. $........ ZIP eo.

(773) 892-0612

8130 South Evans, Chicago. IL 60619

commo_. N"",ed;s me EmplOYOI, UlDor Organ,...don. Emp/O)ImOnI Agen<:y. App/""tioesllip

CI S~te or i.DGIl Government ~cy That I Befit••

0II'Ie". Oi.erinll",!ed AgainS! Me or

(If /IlOJII rfWIl'WO. 11$( /,/rIrIe, PARTICULARS _ ..../

" - I .... E....."""............ Pnono NO, (/11<_ ~ Cl>oel

H & M INTERNATIONAL TRANSPORTATION

15 - 100

(708) 216-0007

s.,.... ~

C"l'.s........ 2IP~

,.....301 W. Lakn Street. Northlake. IL 60164

'_No.t__ / ....e_ _

C<>de1

Street M . "

Ci,.. s.... ond ZIP ~

OISCR'''NAnON BAS,,, ON (C/o'" - - . ,• ...I..M

0 o . . . [i] 'VICIl DCCloR DAG5 o [i] ROAlJAT1ON

[iJ S~

RELIGION

DC'SAB'UTY

T1ONAI. QRIGII<
OTli~(~_,1

'!HE PARTlClJIJ.RS ....E tlf _

_ " _ . . .."..". "'-'fOil:

OAm$) DISCII/MfI'IA,T1ON TOOK PlACII

!adIt..

Utar

06-01-.'!OO2

04-30-2004

( i ] CONTINUING AeTION

I was hired by Respondent May 8, 200Z and currently hold the position of Une Up Clem. Beglnlng
shortly after I began my employment on Dr around June 1,2002 and on an ongoing basis I have bHn
subjected to sexual harassment by my supervisor in the form of sexual commllnts, requests for sex and touching IncIdents. My supervisor sexually harassus Black females. I have reported these Incidents to
numerous management individuals but no action was takan. Aftllr reporting these Incidents, I have been retaliated against by the alleged 5exual harasser by hIs not approving my hours worked which
resulted In not getting paid and threatening me with termination.

I bel/eve I have been diSCriminated against based on my sex, fermale in violation of Title VII of the Civil Rights Actof 1964, as amended and retaliated against.

hcCEIVED EEOC

m,,,u I ~I fn4 CMn1' (dad 'MU't Dol'" tJw El!OC iIiIncJ trw Srate Of IOCII AGency, II BI"IY. J ~I

....-n. f OlIVIa tn••00- ~ 1....1'19. my

or _ _ I11III I .... _ _letl!ily

If'¥Jf1Jf'l- -_tJe'.:,._~R"'I'"

!-I.,.t U

L

wllh th.m I" IftQ ~ af mydl6tgtt "'~~ wltl'lrta P~.

I dtcl;lr. _ ... ~.na'ly of petjUf)' lhal1lre abD.... INa and COII'ect.

I -or afti¥.Wol(j; : ' ill. illiIs... c:blj1iV ;lIiJ 1181 it is IIUe 10
.". bell '" my

i)~l.loq )r ,

a~dz'/~~ Cfi4~ "-IlIQn-

SIGNATlJRE OF eoMPl.AINANT
!U8SCAl8ac """" aWORNTO U"FDfIU! MI! THIS c ..TIi
- ..... -1

EXHIBIT A

•

NORTHLAKE POLICE DEPARTMENT

.-..

POLICE ACTION REPORT

Address 30 I u..1. \A/t:€ SI
Id't- Business Name: N.~-h,rJII.L

Date'
Oct UVN !loo~

TIme Received,
1~~3 Iv.l

Incident Number:
OL{. /U2:i'

INCIDENT REPORTED

1.

Assist Fire

2.

Alarm:

Burglary/Fire/Other

3.

Abandoned Auto

4.

Assist Other Agency

5.

Animal:

Stray/Barking/Other

6.

Disturbance: Domestic/DrunkiNoise

7.

Curfew Violation

B.

911:

MlsdlaVHangup

9. 10. 11.
® 13. 14. 15. 16.
17.

Lost D. L. / License Plate
Lost! Found Property Notificatioo OIMr Public Other Trallic / Local Ordinance Premise Check Suspicious Auto / Person / Circumstance Motorist Assist
Clv, Matter

A-
B. C.
C?

No Problem Found Unfounded Agency Other Police SelVice Area Secure

DISPOSITION
Unit #

F.

Advised To Seek Legal A••lstance

G.

No Police Service

H.

Referred To: _ _ _ _ _ __

I.

Card Issued: Ves

No

D. L / Plate # _ _ _ _ _ __

C - COMPLAINANT E - EMPLOVEE J - JUVENILE

R - RESIDENT

SUB - SUBJECT K-KEYHOLDER

COD£
C

O-OWNER SUS - SUSPECT

aT-OTHER W· WITN!;SS

P - PARENT

o z
C
.J:..
-•

GROUP EXHIBTT B

»>

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

GROUl> EXHIBIT B

FORM 109 REV 7/98

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

Chicago District Office

500 We" ;\1,d""n St., Su,]. 1800 Chicago, IL !)OMl
I'H, 0(2)353-2713 T[)[), (J 12) l53·2421 ENfOI(l'EMFNT FAX: (lU) B86-116B LEGAL FAX; (JI2) .1SJ-R55S

EEOC Charge Number 210-2004-05059
Anita D, Evans 8130 South Evans Chicago, Illinois 60619
vs.
H & M International Transportation, Inc. 75 County Road Jersey City, New Jersey 07307
&
H & M International Transportation, Inc, 301 West Lake Street Northlake, Illinois 60164

Charging Party Respondent Respondent

AMENDED DETERMINATION

Under the authority vested in me by the Commission's Procedural Regulations, I issue the following detennination on the merits ofthe subject charge filed under Title VII ofthe Civil Rights Act of 1964, as amended (Title VII).
The Respondent is an employer within the meaning of Title VII and all requirements for coverage have been met.
The Charging Party alleges that she was subjected sexual harassment by the Respondent and that she was retaliated against for opposing the sexual harassment by being terminated, In addition, Charging Party alleges that Respondent subjected a class of female employees, to include Charging Party, to sexual harassment because oftheir race, Black, in violation of Title VII.
I have deternlined that the evidence obtained in the investigation establishes reasonable cause to believe that Respondent subjected a class of Black female employees, including Charging Party, to sexual harassment based on (heir sex, female, and race, Black, and retaliated against them and discriminated against them because oCthcir sex, female, by discharging them and/or subjecting them to different terms and conditions of employment, in violation of Title VII

GROUP EXHIBIT C

EEOC Charge Number 210-2004-05059 Page 2
This dctennination is final. When the Commission finds that violations have occurred, it attempts to eliminate unlawful practices by informal methods of conciliation. Therefore, I invite the parties tojoin with the Commission in reaching ajust resolution of this matter. Disclosure ofinformation obtained during the conciliation process will be made only in accordance with the Commission's Procedural Regulations (29 CFR Part 1601).
If the Respondent wishes to accept this invitation to participate in conciliation efforts, it may do so at this time, by proposing terms for a conciliation agreement; that proposal should be provided to the Commission representative within 14 days ofthe date ofthis determination. The remedies for violations of the statutes we enforce are designed to make the identified victims whole and to provide corrective and preventive relief. These remedies may include, as appropriate, an agreement by the Respondent not to engage in unlawful employment practices, placement of victims in positions they would have held but for the discriminatory actions, back pay, restoration of lost benefits, injunctive relief, compensatory and/or punitive damages, and notice to employees of the violation and the resolution of the claim.
Should the Respondent have further questions regarding the conciliation process, or the conciliation temls they would like to propose, we encourage the Respondent to contact the assigned Commission represcntative. Should there be no response from the Respondent in 14 days, we may cone lude that further conciliation efforts would be futile or nonproductive.
On Behalfofthe Commission

llbcv:?' O~ (004

Date

\.' P. Rowe

District Director

GROUP EXHBIBIT C

CERTIFICATE OF SERVICE
Ross J. Peters, an attorney, states that he caused a copy ofthe foregoing Defendant's
Complaint of Intervening Plainti IT Anita Evans to be served upon the following attorneys of
record:
Gordon G. Waldron U.S. Equal Employment Opportunity Commission
Chicago District Otlice 500 W. Madison Street
Stc.2800 Chicago, lllinois 60661
Lawrence W. Byrne Pedersen & Houpt, P.C.
161 N. Clark Street Suite 3 [00
Chicago, Illinois 60601
Paul J. Krause Littler Mendelson, P.c. 200 North LaSalle Street
Ste.290 Chicago, Illinois 60601
by faxing a copy to each and enelosing a true and correct copy thereof in a duly-addressed,
postage prepaid envelope, and depositing same in the United States Mail from 33 North County
1. Street, Waukegan, Illinois 60085 hefore 5:00 p.m., this ;;? day of January, 2006.
--- /-_...-

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

Equal Employment Opportunity

)

Commission,

Plaintiff )

)

and

)

)

Gwendolyn Farley,

)

Intervening Plaintiff

)

)

v.

)

)

Hand M International Transportation, Inc., )

)

Defendant. )

)

Civil Action No. 05 C 4995
Judge Aspen Magistrate Judge Ashman

CONSENT DECREE The Equal Employment Opportunity Commission (hereafter the "Commission" or the "EEOC") filed this action against Hand M International Transportation, Inc. ("H&M") under Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e, et seq. ("Title VII"), and Title I of the Civil Rights Act of 1991,42 U.S.C. §I981a. EEOC contends that Defendant failed to take reasonable action to stop and prevent sexual harassment. Gwendolyn Farley has intervened in this case as an Intervening Plaintiff. H&M has denied all material allegations of the Complaints Neither side admits the claims or defenses of the other side. The parties have determined to finally resolve this action through the entry of this Consent Decree.
Findings Having carefully examined the terms and provisions of this Consent Decree, the Court finds the following: I. This Court has jurisdiction of this case pursuant to 28 U.S.c. §§451, 1331, 1337,1343, and 1345. This action is authorized and instituted pursuant to Sections 706(f) (I) and (3) of Title VII, 42 U.S.C. § 2000e-5(f) (I) and (3). 2. This Court has jurisdiction over the parties.

1

3. The terms and provisions of this Consent Decree are adequate, fair, reasonable, equitable and just. This Consent Decree resolves all claims alleged by the EEOC in its Complaint and by Gwendolyn Farley in her Intervening Complaint. The rights of the parties and the interests of the public are adequately protected by this Consent Decree.
4. This Consent Decree confonns with the Federal Rules of Civil Procedure and Title Vll, and is not in derogation of the rights and privileges of any person. The entry of this Consent Decree will further the objectives of Title VII.
5. This Decree covers H&M facilities in Chicago and Northlake, lllinois, except as specified in Paragraph 14.
WHEREFORE, upon the consent of the parties, IT IS ORDERED, ADJUDGED AND DECREED:
Injunction Against Harassment 6. Defendants and their managers, supervisors, officers, directors and agents, are enjoined from engaging in sexual harassment or harassment based on sex and from failing to take prompt and effective action in response to complaints of sexual harassment or harassment based on sex.
Revision and Publication of Policy Against Sexual Harassment
7 a) Defendant shall revise its existing Policy against sexual harassment within ten days after the entry of this Consent Decree to provide at a minimum that:
i) repeated unsolicited or uninvited touching of another person is prohibited; ii) employees may complain of harassment to their supervisor or another supervisor at the same work site; iii) supervisors must respond both to complaints of sexual harassment and to sexual harassment which they observe. b) Defendant shall forward a copy of the Policy to the EEOC within 14 days after entry of this Decree. Within 20 days after the entry of this Consent Decree Defendant shall distribute a copy of said Policy to each current employee. After that period Defendant shall give a copy of said policy to each new employee on the first day of employment.
2

c) Defendant shall revise its Notice of its Policy against sexual harassment within ten days after the entry of this Consent Decree so that it includes the names and current phone numbers of at least one person located in Chicago, one person located in Northlake, and one person with the Human Relations Department at H&M's headquarters, to whom employees may complain of sexual harassment.
d) Within 20 days after the entry of this Consent Decree, Defendant shall post the Notice on the bulletin boards customarily used for posting notice from management to employees. Thereafter Defendant shall make sure that the Notice remains posted for the term of this decree. (During the term, it may update the names and phone numbers of persons to whom employees may complain of sexual harassment.)

Non-Retaliation

8.

Defendant and its officers, agents, employees, successors, assigns, members of

Board of Directors and all persons acting in concert with it, shall not engage in any form of

retaliation against any person because such person has opposed any practice made unlawful

under Title VII, filed a Charge of Discrimination under Title VII, testified or participated in

any manner in any investigation, proceeding, or hearing under Title VII, or asserted any rights

under this Decree.

Posted Notice

9. Within 10 days after this Consent Decree is entered, and continuously for the

duration of this Consent Decree, Defendant shall conspicuously post the Notice attached as

Exhibit A on all bulletin boards commonly used for announcements from Defendant to its

employees. Within 20 days after entry of this Consent Decree, Defendant shall certify to the

EEOC in writing that the notice has been posted. Twelve months later it shall certify to the

EEOC in writing that the Notice remains posted.

3

Monetary Payment

10. Within five business days after submission of a signed release of claims by

Anita Evans, Gwendolyn Farley or Tameka Smith, Defendant shall pay each woman the

amount listed below in this paragraph. The release shall be in the form of Exhibit B for Evans

and Smith, the claimants for whom the EEOC seeks relief. Farley has signed a release

acceptable to Defendant, which has been negotiated with Defendant and agreed to on her

behalf by her own private counsel, and with respect to which her own private counsel has

advised her. EEOC has not participated in those negotiations, has not approved that form of

release, and has not advised Farley with respect thereto.

Payment to claimants

Name

Back pay

Compensatory

Total

Damages

Anita Evans

$5,000

$17,000

$22,000

Gwendolyn Farley $5,000

$30,000

$35,000

Tameka Smith

$5,000

$27,500

$32,500

Total

$15,000

$74,500

$89,500

Applicable Federal and State withholdings shall be made from the portion of each check designated as back pay. (Only the claimant's share of federal social security and medicare taxes shall be withheld. The employer's share of such taxes shall not be withheld.) A 1099 form shall be furnished to each claimant by Defendant.
There shall be no withholding from the portion of each check designated as compensatory damages.
If other taxes are due on the above amounts, they shall be paid by each claimant. II. a) Defendant shall pay $50,000 for attorney fees for the attorney for Gwendolyn Farley. Said check shall be made payable to "Gwendolyn Farley and Attorney Lawrence Byrne." The check shall be issued within 5 business days of the entry of this Consent Decree.

4

b) Defendant shall pay $10,500 for attorney fess for the former attorney for Anita Evans. Said check shall be made payable to "The Law Offices of Ross 1. Peters, Ltd.," and shall be mailed to The Law Offices of Ross J. Peters, Ltd at 33 North County Street, Suite 402, Waukegan, IL, 60085. Said check shall be issued within five business days after receipt of the Release of Attorney's Lien attached as Exhibit C, signed by Attorney Ross J. Peters.
12. Payments shall be by check. Defendant shall send to EEOC a copy of each check when it is sent to Evans, Farley, Smith, and Peters.
13. Each party shall bear its own costs. The EEOC and Defendant shall bear their own attorneys' fees.
Training 14. Within 45 days after entry of this Consent Decree Defendant shall train its employees in Chicago and Northlake, Illinois regard to its revised policy against sexual harassment and procedures for complaining of such harassment. Within 45 days after entry of this Consent Decree Defendant shall train its supervisors in Chicago and Northlake, Illinois, and its employees in Jersey City, New Jersey responsible for implementing policies in regard to sexual harassment, in regard to its policy against sexual harassment and procedures for complaining of such harassment. Such training shall also include Title VII's prohibition of sexual harassment, and the obligation of supervisors to respond to complaints of sexual harassment and to sexual harassment that they observe. 15. Defendant shall certify to the EEOC in writing within five 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) the name and position of each person in attendance.
Record Keeping and Reporting 16. For the duration of this Decree, Defendant shall maintain reports containing the name, address, and telephone number of each employee who complains of sexual harassment. Such reports shall indicate the date the complaint was made, who made it, what was alleged, and what actions Defendant took to resolve this matter. 17. Defendant shall furnish to the EEOC written reports every six months for the term of this Decree. The first report shall be due six (6) months after entry of the Decree.
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Each such report shall contain the name and address of each employee who, in the preceding six months, complained of sexual harassment, and the nature of the complaint. If no employee made such a complaint an officer of Defendant shall submit a signed statement so stating. If requested by the EEOC, the Defendant shall make documents or records related to such complaints and referred to in Paragraph 16 available for inspection and copying within five business days after the EEOC so requests. Defendant shall also make available on five business days notice either its Vice President of Operations or Human Relations Manager, should the EEOC request to interview such person for purposes of verifying compliance with paragraphs 17 and 17.
18. Each report shall also contain a statement signed by an officer of Defendant that the Notice required to be posted in paragraph 8, above, remained posted during the entire six month period preceding the report.
Enforcement 19. This Consent Decree shall be in effect for the period of two years, during which time the Court shall retain jurisdiction of the parties and of this action for the purpose of enforcing the provisions of this Consent Decree. 20. If the EEOC has reason to believe that Defendant is not complying with this Consent Decree, the EEOC shall so notify Defendant in writing. Defendant will then have ten days in which to achieve compliance or to satisfy the EEOC that there has been no noncompliance; if Defendant does neither, the EEOC shall have the right to apply to the Court for appropriate relief. If Defendant fails to pay the monetary amount specified above within the time provided, the EEOC may immediately apply to the Court for appropriate relief.
Miscellaneous Provisions 21. When this Decree requires the submission by Defendant of reports, certifications, notices, or other materials to the EEOC, they shall be mailed to Gordon Waldron, Equal Employment Opportunity Commission, 500 West Madison Street, Suite 2800, Chicago, Illinois, 60661. When this Decree requires submission by the EEOC of materials to Defendant, they shall be mailed to Dana Connell, Littler Mendelson, P.c. 200 N. La Salle Street, Suite 2900, Chicago, IL 60601.
6

22. The terms of this Consent Decree shall be binding upon the present and future directors, officers, managers, agents, successors, and assigns of Defendant. Defendant, and any successor of Defendant, will provide a copy of this Decree to any organization which proposes to acquire or merge with Defendant, or any successor of Defendant, prior to the effectiveness of any such acquisition or merger. This paragraph shall not be deemed to limit any remedies available in the event of any finding by the Court of contempt for a violation of this Decree.
7

Approved for Plaintiff: Ronald S. Cooper, General Counsel Gwendolyn Young Reams, Associate General Counsel
Commission
Senior Trial Attorney Equal Employment Opportunity Commission 500 West Madison Street, Suite 2800 Chicago, Illinois 60661 (312) 353-7525
Lawrence . y e, C ristine Decke Alt Pedersen & Houpt 161 North Clark Street, Suite 3100 Chicago, II 60661 (312) 641-6888 office
ansportation, Inc.
Dana·onn ,P Littler Menaelson, 200 N. La Salle Street, Suite 2900 Chicago, IL 60601 (312) 372- 5520
Entered And Ordered NO(~!!lba 111,2006
8

EXHIBIT A
Notice To All Employees of Hand M International Transportation, Inc. This Notice is being posted pursuant to a Consent Decree entered by the federal court resolving a lawsuit filed by the Equal Employment Opportunity Commission ("EEOC") against Hand M International Transportation, Inc., ("H&M'), EEOC and Farley v. Hand M international Transportation, inc., No.05 C 4995, N.D. IL. In its suit, the EEOC alleged that H&M failed to take reasonable action to stop and prevent sexual harassment. H&M has denied those allegations. To resolve the case, the parties have entered into a Consent Decree which provides that:
1) H&M shall provide a monetary payment to three claimants.
2) H&M will not create, facilitate or permit the existence of a work environment that is hostile to employees on the basis of their sex.
3) H&M will not retaliate against any person because (s)he opposed any practice made unlawful by Title VII, filed a Title VII charge of discrimination, participated in any Title VII proceeding, or asserted any rights under the Consent Decree;
4) H&M shall publicize a policy prohibiting sexual harassment. The EEOC enforces the federal laws against discrimination in employment on the basis of race, color, religion, national origin, sex, age or disability. The laws also prohibit discrimination against a person who has complained of illegal discrimination or who has participated in an investigation or enforcement proceeding under such laws. If you believe you have been discriminated against, you may contact the EEOC at (312) 353-2713. The EEOC charges no fees and has employees who speak languages other than English.
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 or covered by any other material. Any questions about this Notice or compliance with its terms may be directed to: H&M Settlement, EEOC, 500 West Madison Street, Suite 2800, Chicago, IL 60661.

Date

Magistrate Judge Ashman

9

EXHIBITB
RELEASE AGREEMENT
I, _ _ _ _ _ for and in consideration of the sum of ____ payable to me pursuant to the terms of the Consent Decree entered by the Court in EEOC and Farley vs. H and M International. Inc., No. 05 C 0841, N.D. Ill., on behalf of myself, my heirs, assigns, executors, and agents, do hereby forever release, waive, remise, acquit, and discharge H and M International, Inc., and all past and present shareholders, officers, agents, employees, Directors and representatives of it from all claims under Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e et seq., that I have as ofthis date.

Date

Signature

Print Address to which check should be mailed

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Exhibit C
RELEASE OF ATTORNEY'S LIEN
IN CONSIDERAnON of the payment of $ 10,500 to Anita Evans' former attorney, Ross J. Peters, Attorney Peters hereby waives and releases H & M International, Inc., and (as applicable) its subsidiaries, holding companies, predecessors, parent corporations, affiliates, related companies, divisions, successors, assigns, officers, directors, attorneys, employees, agents, trustees, representatives, and insurers (the "Released Parties") from any and all claims for attorneys' fees, by lien or otherwise, for legal services rendered by him in connection with any claims or causes of actions that Evans did bring or may have brought to date against the Released Parties.

Attorney Ross Peters

Date: - - - - - - - - - - - - - - - - - - - - - - -

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 </s> CM/ECF LIVE, Ver 3.0 - U.S. District Court, Northern Illinois - Docket... https://ecf.ilnd.uscourts.gov/cgi-bin/DktRpt.pl?479865800246479-L_35...
ASHMAN, CLOSED, PROTO
United States District Court Northern District of Illinois - CM/ECF LIVE, Ver 3.0 (Chicago)
CIVIL DOCKET FOR CASE #: 1:05-cv-04995

Equal Employment Opportunity Commission v. H and M International Transportation, Inc. Assigned to: Honorable Martin C. Ashman Cause: 42:2000e Job Discrimination (Employment)

Date Filed: 08/30/2005 Date Terminated: 11/16/2006 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

Plaintiff
Equal Employment Opportunity Commission

represented by Gordon G. Waldron United States Equal Employment Opportunity Commission 500 West Madison Street Suite 2800 Chicago, IL 60661 (312) 353-7525 Fax: (312)35 -8555 Email: gordon.waldron@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Gregory M. Gochanour United States Equal Employment Opportunity Commission 500 West Madison Street Suite 2800 Chicago, IL 60661 (312) 886-9124 Email: gregory.gochanour@eeoc.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.

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Defendant H and M International Transportation, Inc.
Intervenor Plaintiff Gwendolyn Farley

represented by Stefanie W. Kohen Littler Mendelson, P.C. 200 North LaSalle Street Suite 2900 Chicago, IL 60601 (312) 372-5520 Email: skohen@littler.com TERMINATED: 11/30/2005 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Dana S Connell Littler Mendelson, P.C. 200 North LaSalle Street Suite 2900 Chicago, IL 60601 (312) 372-5520 Email: dconnell@littler.com ATTORNEY TO BE NOTICED
Margaret Parnell Hogan Littler Mendelson, P.C. 200 North LaSalle Street Suite 2900 Chicago, IL 60601 (312) 372-5520 Email: mphogan@littler.com ATTORNEY TO BE NOTICED
Paul J Krause Littler Mendelson, P.C. 200 North LaSalle Street Suite 2900 Chicago, IL 60601 (312) 372-5520 Email: pkrause@littler.com ATTORNEY TO BE NOTICED
represented by Lawrence W. Byrne Pedersen & Houpt 161 N. Clark St. Suite 3100 Chicago, IL 60606 (312) 261-2155 Fax: (312) 261-1155 Email: lbyrne@pedersenhoupt.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

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Intervenor Anita Evans
Date Filed 08/30/2005 08/30/2005 08/30/2005 09/01/2005 09/08/2005 09/08/2005 09/14/2005 09/14/2005 09/21/2005
09/28/2005

represented by Ross J. Peters The Law Offices of Ross J. Peters & Associates, Ltd. 33 North County Street Suite 402 Waukegan, IL 60085 (847) 625-1854 Email: rjp_atty@sbcglobal.net TERMINATED: 05/30/2006 LEAD ATTORNEY ATTORNEY TO BE NOTICED

#

Docket Text

1 COMPLAINT filed by Equal Employment Opportunity Commission; Jury Demand.(cdy, ) (Entered: 08/31/2005)
2 CIVIL Cover Sheet. (cdy, ) (Entered: 08/31/2005)
3 ATTORNEY appearance for plaintiff Equal Employment Opportunity Commission by Gregory M. Gochanour, John C. Hendrickson, Gordon G. Waldron (cdy, ) (Entered: 08/31/2005)
4 MINUTE entry before Judge Marvin E. Aspen dated 9/1/05: Status hearing set for 10/13/2005 at 10:30 AM., in Courtroom 2525. Plaintiff is to notify defendant of status date. Judicial staff mailed notice (gl, ) (Entered: 09/01/2005)
5 MOTION to intervene (Attachments: # 1 Certificate of Service)(Byrne, Lawrence) (Entered: 09/08/2005)
6 NOTICE of Motion by Lawrence W. Byrne for presentment of motion to intervene5 before Honorable Marvin E. Aspen on 9/22/2005 at 10:30 AM. (Byrne, Lawrence) (Entered: 09/08/2005)
7 ATTORNEY Appearance for Intervenor Plaintiff Gwendolyn Farley by Lawrence W. Byrne (Byrne, Lawrence) (Entered: 09/14/2005)
8 ATTORNEY Appearance for Defendant H and M International Transportation, Inc. by Stefanie W. Kohen; Notice of filing (hp, ) (Entered: 09/16/2005)
9 MINUTE entry before Judge Marvin E. Aspen dated 9/21/05: Any Responses to petitioner Gwendolyn Farley's petition (5) to allow intervening complaint are to be filed on or before 10/6/2005 Any Replies due by 10/14/2005. The status hearing set for 10/13/05 is reset to 11/10/05 at 10:30 a.m. Judicial staff mailed notice (gl, ) (Entered: 09/21/2005)
10 RESPONSE by Equal Employment Opportunity Commission to MOTION to intervene5 by Gwendolyn Farley (Waldron, Gordon) (Entered: 09/28/2005)

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09/28/2005 09/29/2005
09/30/2005 10/17/2005 10/31/2005 10/31/2005 10/31/2005 10/31/2005 11/01/2005 11/01/2005
11/14/2005 11/14/2005 11/16/2005 11/17/2005 11/28/2005

11 NOTICE by Equal Employment Opportunity Commission re response to motion10 to Intervene (Waldron, Gordon) (Entered: 09/28/2005)
12 WAIVER OF SERVICE returned executed by Gwendolyn Farley, Equal Employment Opportunity Commission. H and M International Transportation, Inc. waiver sent on 9/1/2005, answer due 10/31/2005. (jmm, ) (Entered: 09/30/2005)
13 RESPONSE by Equal Employment Opportunity Commission to motion of Gwendolyn Farley to intervene as a plaintiff 5 ; Notice of filing (eav, ) (Entered: 10/04/2005)
14 MINUTE entry before Judge Marvin E. Aspen : Petition of Gwendolyn Farley to allow her to intervene in this matter as an intervening-plaintiff 5 is granted. Party Gwendolyn Farley added. Mailed notice (cdy, ) (Entered: 10/18/2005)
15 ANSWER to Complaint by H and M International Transportation, Inc.(Kohen, Stefanie) (Entered: 10/31/2005)
16 Notice of Motion to Dismiss NOTICE of Motion by Stefanie W. Kohen for presentment of before Honorable Marvin E. Aspen on 11/3/2005 at 10:30 AM. (Attachments: # (1) # 2)(Kohen, Stefanie) (Entered: 10/31/2005)
19 SUMMONS Issued as to Defendant H and M International Transportation, Inc. (cem, ) (Entered: 11/04/2005)
20 INTERVENOR complaint filed by Gwendolyn Farley against H and M International Transportation, Inc. (Exhibits).(cem) (Entered: 11/04/2005)
17 MOTION by Defendant H and M International Transportation, Inc. to dismiss (Kohen, Stefanie) (Entered: 11/01/2005)
18 MINUTE entry before Judge Marvin E. Aspen dated 11/1/05: Plaintiff is to respond to defendant's motion to dismiss (17) on or before 11/18/2005 Defendant is to reply by 11/29/2005. The status hearing set for 11/10/05 is reset to 1/19/06 at 10:30 a.m. Judicial staff mailed notice (gl, ) (Entered: 11/01/2005)
21 MOTION by Anita Evans to intervene (gma, ) (Entered: 11/14/2005)
22 NOTICE of Motion by Anita Evans for presentment of MOTION by Anita Evans to intervene 21 before Honorable Marvin E. Aspen on 11/17/2005 at 10:30 AM. (gma, ) (Entered: 11/14/2005)
23 MINUTE entry before Judge Marvin E. Aspen : Plaintiff-Intervenor, Anita Evans, motion to intervene in this action 21 is granted. Mailed notice (eav, ) (Entered: 11/17/2005)
24 MEMORANDUM by Equal Employment Opportunity Commission in Opposition to Motion to Dismiss (Attachments: # 1 Exhibit A)(Waldron, Gordon) (Entered: 11/17/2005)
25 MOTION by Defendant H and M International Transportation, Inc. for extension of time to Answer or Otherwise Plead to Intervening Plaintiff Farley's Complaint (Agreed) (Krause, Paul) (Entered: 11/28/2005)

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11/28/2005 11/28/2005 11/28/2005 11/28/2005 11/29/2005 11/30/2005
11/30/2005
12/01/2005 12/01/2005 12/05/2005 12/12/2005 12/13/2005 01/10/2006

26 NOTICE of Motion by Paul J Krause for presentment of motion for extension of time25 before Honorable Marvin E. Aspen on 12/1/2005 at 10:30 AM. (Krause, Paul) (Entered: 11/28/2005)
27 MOTION by Defendant H and M International Transportation, Inc. to substitute attorney (Krause, Paul) (Entered: 11/28/2005)
28 NOTICE of Motion by Paul J Krause for presentment of motion to substitute attorney27 before Honorable Marvin E. Aspen on 12/1/2005 at 10:30 AM. (Krause, Paul) (Entered: 11/28/2005)
31 ATTORNEY Appearance for Intervenor Anita Evans by Ross J. Peters (eav, ) (Entered: 11/30/2005)
29 REPLY by H and M International Transportation, Inc.in Support of MOTION by Defendant H and M International Transportation, Inc. to dismiss17 (Krause, Paul) (Entered: 11/29/2005)
30 MINUTE entry before Judge Marvin E. Aspen dated 11/30/05: Defendant H and M International Transportation, Inc.'s motion for extension of time to Answer or Otherwise Plead to Intervening Plaintiff Farley's Complaint, up to and including 12/12/05 (Agreed) 25 is granted. Defendant H and M International Transportation, Inc.'s motion to substitute attorney 27 is granted. Judicial staff mailed notice (gl, ) (Entered: 11/30/2005)
32 MINUTE entry before Judge Marvin E. Aspen : Defendant H and M International Transportation, Inc.'s motion for substitution of counsel is granted. Dana S. Connell, Margaret Parnell Hogan, and Paul J.Krause are granted leave to substitute as counsel for defendant and Stefanie W. Kohen is withdrawn as counsel for defendant. Attorney Dana S Connell for H and M International Transportation, Inc., Margaret Parnell Hogan, Margaret Parnell Hogan for H and M International Transportation, Inc. added. Attorney Stefanie W. Kohen terminated. Mailed notice (eav, ) (Entered: 12/01/2005)
MAILED Rule 83.16 letter and appearance form to attorney Dane S. Connell (eav, ) (Entered: 12/01/2005)
33 ATTORNEY Appearance for Defendant H and M International Transportation, Inc. by Paul J Krause (Krause, Paul) (Entered: 12/01/2005)
34 ATTORNEY Appearance for Defendant H and M International Transportation, Inc. by Dana S Connell (Connell, Dana) (Entered: 12/05/2005)
35 ANSWER AND AFFIRMATIVE DEFENSE TO COMPLAINT OF INTERVENING PLAINTIFF GWENDOLYN FARLEY ANSWER to Intervenor Complaint by H and M International Transportation, Inc.(Krause, Paul) (Entered: 12/12/2005)
36 ATTORNEY Appearance for Defendant H and M International Transportation, Inc. by Margaret Parnell Hogan (Hogan, Margaret) (Entered: 12/13/2005)
37 MINUTE entry before Judge Marvin E. Aspen dated 1/10/06: Enter Memorandum Opinion and Order: We deny H&M's motion to dismiss EEOC's claims of a pattern or practice of sexual harassment brought pursuant to 707 of Title VII. Judicial staff mailed notice (gl, ) (Entered: 01/10/2006)

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01/10/2006 01/19/2006
01/19/2006 01/23/2006 01/27/2006 02/15/2006 05/17/2006 05/17/2006 05/18/2006 05/18/2006 05/22/2006 05/23/2006
05/23/2006 05/23/2006

38 MEMORANDUM Opinion and Order dated 1/10/06 denying defendant H&M's motion to dismiss (17). Signed by Judge Marvin E. Aspen on 1/10/2006:Judicial staff mailed notice(gl, ) (Entered: 01/10/2006)
39 MINUTE entry before Judge Marvin E. Aspen dated 1/19/06: Status hearing held on 1/19/2006, and continued to 9/21/06 at 10:30 a.m. Discovery ordered closed by 8/8/2006. Parties are to either to file a joint pretrial order or cross motions for summary judgment in open court on 9/21/2006 at 10:30 AM. Defendant(s) oral motion to file complete answer by Monday, 1/23/06, is granted. Judicial staff mailed notice (gl, ) (Entered: 01/19/2006)
40 REPORT of parties at Initial Status Call by Gwendolyn Farley, Equal Employment Opportunity Commission, Anita Evans, H and M International Transportation, Inc. (eav, ) (Entered: 01/23/2006)
41 AMENDED ANSWER to Complaint AND AFFIRMATIVE DEFENSES by H and M International Transportation, Inc.(Krause, Paul) (Entered: 01/23/2006)
42 INTERVENOR complaint filed by Anita Evans against H and M International Transportation, Inc. (Exhibits)(eav, ) (Entered: 01/31/2006)
43 ANSWER AND AFFIRMATIVE DEFENSE ANSWER to Intervenor Complaint OF PLAINTIFF-INTERVENOR ANITA EVANS by H and M International Transportation, Inc.(Krause, Paul) (Entered: 02/15/2006)
44 MOTION by Intervenor Anita Evans to withdraw as attorney (Peters, Ross) (Entered: 05/17/2006)
45 NOTICE of Motion by Intervenor Anita Evans to withdraw as attorney (Peters, Ross) Modified on 5/18/2006 (air, ). (Entered: 05/17/2006)
46 MOTION by Plaintiff Equal Employment Opportunity Commission to compel Production of Documents (Waldron, Gordon) (Entered: 05/18/2006)
47 NOTICE of Motion by Gordon G. Waldron for presentment of motion to compel46 before Honorable Marvin E. Aspen on 5/25/2006 at 10:30 AM. (Waldron, Gordon) (Entered: 05/18/2006)
48 NOTICE of Motion by Ross J. Peters for presentment of motion to withdraw as attorney44 before Honorable Marvin E. Aspen on 5/30/2006 at 10:30 AM. (Peters, Ross) (Entered: 05/22/2006)
49 MINUTE entry before Judge Marvin E. Aspen dated 5/23/06: EEOC's motion to compel (46)production of documents is referred to Magistrate Judge Ashman. The motion hearing set for 5/25/06 is stricken. Magistrate Judge Ashman will set a hearing date. Judicial staff mailed notice (gl, ) (Entered: 05/23/2006)
50 MOTION by Defendant H and M International Transportation, Inc. for protective order MOTION FOR AGREED PROTECTIVE ORDER (Attachments: # 1 Exhibit 1)(Krause, Paul) (Entered: 05/23/2006)
51 NOTICE of Motion by Paul J Krause for presentment of motion for protective order50 before Honorable Marvin E. Aspen on 5/30/2006 at 10:30 AM. (Krause, Paul) (Entered: 05/23/2006)

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05/23/2006
05/30/2006
05/30/2006 05/30/2006 05/30/2006
06/02/2006 06/02/2006 06/12/2006
06/28/2006 07/18/2006 07/18/2006 07/19/2006

52 EXECUTIVE COMMITTEE ORDER:Case referred to Magistrate Judge Martin C. Ashmanto conduct hearings and enter appropriate orders on the following pretrial motion/matter: discovery motion(s) specified below: plaintiff EEOC's motion to compel production of documents (46). Signed by Executive Committee on 5/23/06. (cdy, ) (Entered: 05/26/2006)
53 MINUTE entry before Judge Marvin E. Aspen dated 5/30/06: Ross J. Peters' motion to withdraw (44) as counsel for intervening plaintiff, Anita Evans is granted. Ross J. Peters and law offices of Ross J. Peters, Ltd. are withdrawn as counsel for intervening plaintiff Anita Evans. Judicial staff mailed notice (gl, ) (Entered: 05/30/2006)
54 MINUTE entry before Judge Marvin E. Aspen dated 5/30/06: Plaintiff's motion for entry of agreed protective order (50) is granted. Motion termintaed. The motion hearing set for 5/30/06 is stricken. Enter Agreed Protective Order. Judicial staff mailed notice (gl, ) (Entered: 05/30/2006)
55 Enter Agreed PROTECTIVE Order governing confidentiality of certain documents. Signed by Judge Marvin E. Aspen on 5/30/2006:Judicial staff mailed notice(gl, ) (Entered: 05/30/2006)
56 MINUTE entry before Judge Marvin E. Aspen : Ross J. Peters' motion to withdraw (44) as counsel for intervening plaintiff, Anita Evans is granted. Ross J. Peters and law offices of Ross J. Peters, Ltd. are withdrawn as counsel for intervening plaintiff Anita Evans. Attorney Ross J. Peters terminated. Mailed notice (cdy, ). (Entered: 05/31/2006)
57 MOTION by Plaintiff Equal Employment Opportunity Commission to compel Production of Documents (Waldron, Gordon) (Entered: 06/02/2006)
58 NOTICE of Motion by Gordon G. Waldron for presentment of motion to compel57 before Honorable Martin C. Ashman on 6/20/2006 at 10:30 AM. (Waldron, Gordon) (Entered: 06/02/2006)
59 MINUTE entry before Judge Martin C. Ashman : Plaintiff EEOC's motion to compel production of documents 46 57 is withdrawn. All matters relating to the referral of this action having been resolved, the case is returned to the assigned judge. Judge Martin C. Ashman no longer referred to the case. Mailed notice. (is, ) (Entered: 06/12/2006)
60 STIPULATION of Dismissal WITH PREJUDICE OF THE COMPLAINT OF PLAINTIFF-INTERVENOR ANITA EVANS (Krause, Paul) (Entered: 06/28/2006)
61 MOTION by Defendant H and M International Transportation, Inc. to stay Discovery and Refer This Matter to Magistrate Judge Ashman For a Judicially-Supervised Settlement Conference (Attachments: # 1 Text of Proposed Order)(Hogan, Margaret) (Entered: 07/18/2006)
62 NOTICE of Motion by Margaret Parnell Hogan for presentment of motion to stay61 before Honorable Marvin E. Aspen on 7/20/2006 at 10:30 AM. (Hogan, Margaret) (Entered: 07/18/2006)
63 MINUTE entry before Judge Marvin E. Aspen dated 7/19/06: Agreed motion (61) to stay discvoery and refer this matter to Magistrate Judge Ashman for a judicially supervised settlement conference is granted. Motion terminated. The

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07/19/2006 07/19/2006 08/02/2006
08/17/2006 08/29/2006 09/18/2006 09/19/2006 10/02/2006 10/02/2006 10/05/2006
10/10/2006

September 21, 2006 date previously set is to stand. The motion hearing set for 7/20/06 is stricken. Judicial staff mailed notice (gl, ) (Entered: 07/19/2006)
64 Enter ORDER granting Agreed motion to stay discovery and refer this matter to Magistrate Judge Ashman for a judicially supervised settlement conference. Signed by Judge Marvin E. Aspen on 7/19/2006:Judicial staff mailed notice(gl, ) (Entered: 07/19/2006)
65 EXECUTIVE COMMITTEE ORDER:Case referred to Magistrate Judge Martin C. Ashman pursuant to Local Rule 72.1 to conduct harings and enter appropriate orders on Settlement conference.. Signed by Chief Judge James F. Holderman, Executive Committee on 7/19/06. (eav, ) (Entered: 07/21/2006)
66 MINUTE entry before Judge Martin C. Ashman : Settlement Conference set for 9/21/2006 at 02:00 PM., in chambers 1366. All clients and parties with full authority to settle are to be physically present. Failure to have parties with full authority to settle present may result in the imposition of severe sanctions. (For further details see standing order on the court's web site at www.ilnd.uscourts.gov.) Mailed notice. (is, ) (Entered: 08/02/2006)
67 MINUTE entry before Judge Martin C. Ashman : Settlement Conference reset to 9/21/2006 at 03:00 PM. Mailed notice. (is, ) (Entered: 08/17/2006)
68 MINUTE entry before Judge Martin C. Ashman : Settlement Conference of 9/21/2006 is reset to 9/22/2006 at 02:00 PM., by agreement of the parties. Mailed notice. (is, ) (Entered: 08/29/2006)
69 MINUTE entry before Judge Marvin E. Aspen dated 9/18/06: The status hearing and for the filing of either cross motions for summary judgment or a joint pretrial order set for September 21, 2006 is reset to October 12, 2006 at 10:30. Judicial staff mailed notice (gl, ) (Entered: 09/18/2006)
70 MINUTE entry before Judge Martin C. Ashman : Settlement Conference reset to 10/10/2006 at 11:00 AM. Mailed notice. (is, ) (Entered: 09/19/2006)
71 MOTION by Defendant H and M International Transportation, Inc. to stay STATUS HEARING SET FOR OCTOBER 12, 2006 (AGREED) (Krause, Paul) (Entered: 10/02/2006)
72 AGREED NOTICE of Motion by Paul J Krause for presentment of motion to stay71 before Honorable Marvin E. Aspen on 10/5/2006 at 10:30 AM. (Krause, Paul) (Entered: 10/02/2006)
73 MINUTE entry before Judge Marvin E. Aspen dated 10/5/06: Defendant's agreed motion to stay deadline for joint pretrial order or cross motions for summary judgment set for October 12, 2006 (Dkt. No. 71) is granted. Motion terminated. Discovery is extended to December 1, 2006. Final extension. The status hearing and for filing of a joint pretrial order or cross motions for summary judgment set for October 12, 2006 is reset to February 8, 2007 at 10:30 a.m. No further extensions. Judicial staff mailed notice (gl, ) (Entered: 10/05/2006)
74 MINUTE entry before Judge Martin C. Ashman : Settlement conference held on 10/10/2006. Case settled. Magistrate Judge Status hearing set for 10/31/2006 at 10:00 AM. Mailed notice. (is, ) (Entered: 10/11/2006)

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CM/ECF LIVE, Ver 3.0 - U.S. District Court, Northern Illinois - Docket... https://ecf.ilnd.uscourts.gov/cgi-bin/DktRpt.pl?479865800246479-L_35...

10/17/2006 10/18/2006
10/19/2006
10/31/2006 11/16/2006 11/16/2006 11/29/2006 11/29/2006

76 JOINT CONSENT by Gwendolyn Farley, Equal Employment Opportunity Commission, H and M International Transportation, Inc.to Exercise of Jurisdiction by a United States Magistrate Judge (eav, ) (Entered: 10/23/2006)
77 EXECUTIVE COMMITTEE ORDER: Case reassigned to Magistrate Judge Martin C. Ashman from Judge Marvin Aspen pursuant to Local Rule 73.1 for all further proceedings. . Signed by Chief Judge James F. Holderman, Executive Committee on 10/18/06. (eav, ) (Entered: 10/23/2006)
75 MINUTE entry before Judge Martin C. Ashman : All matters relating to the referral of this action having been resolved, the case is returned to the assigned judge. Judge Martin C. Ashman no longer referred to the case. No notice. (is, ) (Entered: 10/19/2006)
78 MINUTE entry before Judge Martin C. Ashman : Status hearing held on 10/31/2006. Consent decree submitted. Mailed notice. (is, ) (Entered: 11/01/2006)
79 MINUTE entry before Judge Martin C. Ashman: Enter consent decree. Mailed (vmj, ) (Entered: 11/20/2006)
80 CONSENT Decree Signed by Judge Martin C. Ashman on 11/16/2006(vmj, ) (Entered: 11/20/2006)
81 MINUTE entry before Judge Martin C. Ashman : Enter notice to all employees of H and M International Transportation, Inc. Maled notice (eav, ) (Entered: 12/04/2006)
82 ORDER - Exhibit A, Notice to all employees of H and M International Transportation, Inc. Signed by Judge Martin C. Ashman on 11/29/2006:Mailed notice(eav, ) (Entered: 12/04/2006)

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06/11/2007 09:27:28

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Client Code: eeoc

Description: Docket Report Search Criteria: 1:05-cv-04995

Billable Pages: 6

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[CONTENT] August 2005 | the Chicago District Office | EEOC | H and M International Transportation, Inc. | the U.S. District Court | the Northern District | Illinois | two | Title VII of the Civil Rights Act | 1964 ||| October 2005 | one ||| A few weeks later in early November ||| second | mid November ||| January 2006 ||| one | late June 2006 ||| October 2006 ||| November 2006 ||| two-year | EEOC | 150,000 |||  ||| November 2008 [SUMMARY] In August 2005, the Chicago District Office of the EEOC brought this suit against H and M International Transportation, Inc. in the U.S. District Court for the Northern District of Illinois alleging that the defendant discriminated against the two charging parties and a group of similarly situated female employees in violation of Title VII of the Civil Rights Act of 1964 by subjecting them to sexual harassment.  In October 2005, one of the charging parties intervened in the suit.  A few weeks later in early November, the defendant filed a motion to dismiss.  The second charging party intervened in the suit in mid November.  The defendant's motion to dismiss was denied in January 2006.  After some discovery disputes, one of the charging parties was voluntarily dismissed from the case in late June 2006.  Thereafter, the parties participated in a settlement conference in October 2006, resulting in a tentative settlement.  The parties entered into a final agreement in November 2006 through a consent decree.

The two-year decree, containing non-discrimination and non-retaliation clauses, required the defendant to: revise and distribute its sexual harassment policy, post a notice of employee rights, provide Title VII training for all its employees, retain relevant records, report to the EEOC at specified intervals, and pay $150,000.  

The only additional activity that shows up in the docket is the notice to employees that the defendants were required to post as part of the consent decree. Since there appears to be no additional enforcement activity, it is presumed the case closed in November 2008. 