Case 3:03-cv-80105-CRW Document 1 Filed 09/30/2003 Page 1 of 6

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UNITED STATES DISTRICT COUR.p';l, i;)_.\~m. IL

FOR THE SOUTHERN DISTRICT OF IOWA
DAVENPORT DIVISION lCD) SU 30 ,~\ II: 14

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff, v.
FIRST STUDENT, INC.,
Defendant.

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Civil Action No. _ _ _ _ _ __

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COMPLAINT

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JURY TRIAL DEMAND

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NATURE OF THE ACTION This is an action under Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e et seq. ("Title VII"), and Title I ofthe Civil Rights Act of1991, 42 U.S.c. § 1981a to correct unlawful employment practices on the basis ofharassment and retaliation, and to provide appropriate relief to Lori Clark, Adil Adams Daoud, and other similarly situated, who have been adversely affected by such practices. As alleged with greater particularity below, the Equal Employment Opportunity Commission alleges that the defendant, First Student, Inc., violated Title VII by sexually harassing and retaliating against Lori Clark, and harassing Adil Adams Daoud based upon his national origin. The EEOC seeks relief for Clark, Daoud, and others similarly situated.
JURISDICTION AND VENUE 1. Jurisdiction ofthis 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) ofTitle VII, 42 U.S.c. § 2000e-5(f)(l) and (3), and pursuantto Section 102 of the Civil Rights Act of1991, 42 U.S.C. § 1981a.

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2. The employment practices alleged to be unlawful were committed within the jurisdiction of the United States District Court for the Southern District ofIowa.
PARTIES 3. The plaintiff, Equal Employment Opportunity Commission (hereinafter "Commission"), is the agency of the United States of America charged with the administration, interpretation, and enforcement of Title VII and is expressly authorized to bring this action by Section 706(t)(1) ofTitle VII, 42 U.S.C. § 2000e-5(t)(I). 4. At all relevant times, upon information and belief, the defendant, First Student, Inc., has been continuously engaged in the business of providing contract school bus services in the state ofIowa, and has continuously had at least fifteen (15) employees. 5. At all relevant times, First Student, Inc., has continuously been an employer engaged in an industry affecting commerce within the meaning of Section 701(b), (g) and (h) of Title VII, 42 U.S.C. § 2000e-(b), (g) and (h).
STATEMENT OF CLAIMS 6. More than 30 days prior to the institution of this lawsuit, Clark and Daoud filed Charges of Discrimination with the Commission alleging unlawful actions in violation of Title VII by First Student, Inc. All conditions precedent to the institution of this lawsuit have been fulfilled. 7. First Student, Inc., has engaged in unlawful employment practices in violation of Sections 703(a) and 704(a) ofTitle VII, 42 U.S.C. §§ 2000e-2(a) and 3(a). These practices include, but are not limited to: (a) Creating a hostile work environment for Clark and others similarly situated based upon their sex, female;
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(b) Discharging Clark in retaliation for her opposition to practices made unlawful by Title VII; and
(c) Creating a hostile work enviromnent for Daoud and others similarly situated based upon their race and national origin.
8. The effect of the practices complained of in paragraph seven (7) above has been to deprive Clark, Daoud, and others similarly situated of equal employment opportunities in violation of Section 703(a) and 704(a) ofTitle VII, 42 U.S.C. § 2000e-2(a) and 3(a).
9. The unlawful employment practices complained of in paragraph seven (7) above were and are intentional.
PRAYER FOR RELIEF Wherefore, the Commission respectfully prays that this Court: A. Grant a permanent injunction enjoining First Student, Inc., and its officers, successors, and assigns, and all persons in active concert or participation with them, from engaging in any employment practices which discriminate on the basis of sex, race, and/or national origin or which constitute retaliation for activity protected by Title VII; B. Order First Student, Inc., to institute and carry out policies, practices, and programs which eradicate the effects of its past and present unlawful employment practices; C. Order First Student, Inc., to make Clark, Daoud, and others similarly situated whole by providing appropriate backpay with pre-judgment interest, in amounts to be determined at trial, and other affirmative relief necessary to eradicate the effects of its unlawful employment practices, including, but not limited to, re-instatement of Clark, Daoud, and others similarly situated; D. Order First Student, Inc., to make Clark, Daoud, and others similarly situated
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Case 3:03-cv-80105-CRW Document 1 Filed 09/30/2003 Page 4 of 6 whole by providing compensation for past and future pecuniary losses resulting from the unlawful employment practices, including, but not limited to, job search expenses and medical expenses;
E. Order First Student, Inc., to make Clark, Daoud, and others similarly situated whole by providing compensation for past and future non-pecuniary losses resulting from the unlawful practices, including injury to professional reputation, emotional pain, suffering, inconvenience, loss of enjoyment of life, and humiliation;
F. Grant such further relief as the Court deems necessary and proper in the public interest; and
G. Grant the Commission its costs of this action.
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JURY TRIAL DEMAND
The Commission requests a jury trial on all questions of fact raised by its Complaint.
ERIC S. DREIBAND General Counsel
JAMES 1. LEE Deputy General Counsel
GWENDOLYN YOUNG REAMS Associate General Counsel
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 1801 "L" Street, N.W. Washington, D.C. 20507

Dated: September 29,2003

J anP. Kamp egional Attorney
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Milwaukee District Office 310 West Wisconsin Avenue - Suite 800 Milwaukee, WI 53203-2292 (414) 297-1860

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Case 3:03-cv-80105-CRW Document 1 Filed 09/30/2003 Page 6 of 6

UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF IOWA
DAVENPORT DIVISION

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff, v.
FIRST STUDENT, INC.
Defendant.

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Civil Action No.

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CERTIFICATE OF SERVICE

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I, Marie Chartier, hereby certify that on September 29,2003, I caused a copy of EEOC's Complaint and Consent Decree and Order and this Certificate to be served via first class mail postage prepaid upon the following attorneys:

Thomas A. Secrest, Esq. Associate General Counsel Director of Labor Relations First Student, Inc. 705 Central Avenue, Suite 300 Cincinnati, Ohio 45202

'AX~Jl~l -' (~jj~2L'---' Marie Chartier Paralegal

 
 Case 3:03-cv-80105-CRW Document 3 Filed 10/22/2003 Page 1 of 9

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UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF IOWA
DAVENPORT DIVISION

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ocr 2.2 2003
SCOLUETRHKE, RUN.SD. DISISTRTRICICTTOCF~~

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ALEMPLOYMENTOPPORTUNITY

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Plaintiff,

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FIRST STUDENT, INC.

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Defendant.

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3 0 SCVSO 105
Civil Action No. 3:@iC, 1son
CONSENT DECREE AND ORDER

This action was filed by the Equal Employment Opportunity Commission ("Commission") on September 30,2003, pursuant to Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e, et seq., and Title I of the Civil Rights Act of 1991,42 U.S.C. § 1981a. In its Complaint, the Commission alleges that First Student violated Title VII by subjecting Lori Clark and similarly situated employees to a sexually hostile work environment, subjecting Adil Adams Daoud and similarly situated employees to a hostile work environment based upon race and national origin, and discharging Clark for her objections to the alleged harassment.
First Student denies the EEOC's allegations. The Commission and First Student have agreed to settle these claims in order to reach an amicable resolution of this matter and avoid further litigation. The terms of the agreement are set forth below.

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NOW, THEREFORE, the Court having carefully examined the terms and provisions of this Consent Decree, and based on the pleadings, record and stipulations of the parties, it is ORDERED, ADJUDGED, AND DECREED THAT:
1. This Court has jurisdiction over the subject matter of this action and over the parties for purposes of entering and enforcing this Consent Decree.
2. The terms of this Consent Decree are adequate, fair, reasonable, equitable and just.
3. This Consent Decree conforms with the Federal Rules of Civil Procedure and is not in derogation of the rights or privileges of any person. The entry of this Consent Decree will further the objectives of Title VII, and will be in the best interest of the Parties, those for whom the Commission seeks relief, and the public.
4. This Consent Decree resolves all claims arising out of the Charge of Discrimination filed by Lori Clark, Charge No. 26A-2001-1026, and AdiI Adams Daoud, Charge No. 26A-200 1-00258, and constitutes a complete resolution of all claims under Title VII that were made or could have been made by the EEOC in relation to the Charges. This Consent Decree does not, however, resolve any other claims or Charges that may be pending with the Commission other than the Charges specifically referred to in this paragraph.
5. This Consent Decree, the Exhibits and the Releases of the Title VII claims by Clark and Dauod comprise the full and exclusive agreement of the Parties with respect to the matters discussed herein. No representations or inducements to compromise this action have been made, other than those recited or referenced in this Consent Decree (including the Exhibits

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attached hereto). This Consent Decree is final and binding upon the Parties, their successors and

asslgns.

Definitions

6. "Parties" refers to the plaintiff EEOC and defendant First Student.

7. "Charging Parties" refers to Lori Clark and Adil Adams Daoud.

8.

"Claimants" refers to Tamba Kumalah Marah, Leah Simmons, Tracey Voparil,

Dee Seshie, AI Mazell, Theresa Finch, and Tonya Verry.

Scope of Consent Decree

9. This Consent Decree shall be applicable to all of First Student's employees at its

Iowa City facility and to all officers, managers and human resources personnel responsible for

supervising the Iowa City location for three (3) years from the date of entry of this Consent

Decree. During that time, this Court shall retain jurisdiction over this matter and the Parties for

purposes of enforcing compliance with the Consent Decree, including issuing such orders as may

be required to effectuate its purpose.

General Injunctive Provisions

10. Sexual and Racial Harassment. During the term of this Consent Decree, First Student

and its officers, agents, and managers (including supervisory employees), are hereby enjoined

from engaging in any behavior that harasses or intimidates employees on any basis prohibited by

Title VII, and will not condone and will enforce its policy of "zero tolerance" for acts of

discrimination and/or harassment on the basis of race or sex.

11. Retaliation. During the term of this Consent Decree, First Student and its officers,

agents, and managers (including supervisory employees), are hereby enjoined from taking any

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adverse action or retaliation against any employee or former employee for exercising the right to oppose any practice made an unlawful employment practice by Title VII or to make a charge, testify, assist, or participate in an investigation, proceeding or hearing under 42 U.S.c. § 2000e et seq.
Monetary Relief 12. Within ten days ofreceiving the signed Release from Clark, First Student will pay Clark eighty thousand dollars ($80,000) for alleged emotional distress damages and other compensatory damages, including injury to reputation. The check shall be mailed certified mail, return receipt requested, to Lori Clark at the address provided to First Student by the EEOC. A copy of the check shall be mailed simultaneously to the undersigned counsel for the Commission. 13. Within ten days of receiving the signed Release from Daoud, First Student will pay Daoud thirty thousand dollars ($30,000) for alleged emotional distress damages and other compensatory damages, including injury to reputation. The check shall be mailed certified mail, return receipt requested, to Adil Adams Daoud at the address provided to First Student by the EEOC. A copy of the check shall be mailed simultaneously to the undersigned counsel for the Commission. 14. Within ten days of receiving the signed Release from each individual claimant, First Student shall pay the releasing claimant five thousand dollars ($5,000) for alleged emotional distress damages and other compensatory damages, including injury to reputation. The check shall be mailed certified mail, return receipt requested, to the individual claimant at the address
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provided to First Student by the EEOC. A copy of the check shall be mailed simultaneously to the undersigned counsel for the Commission.
15. Neither the Commission nor First Student makes any representations. or assumes any responsibility for any tax liability. assessments, interest, penalties and/or costs that Charging Parties or claimants mayor may not incur under local, state and/or federal laws by reason of the settlement funds paid under this Consent Decree.
Specific Non-Monetary Relief 16. Neutral Reference
When and if First Student is contacted by a prospective employer of Charging Parties for an employment reference, First Student shall provide a neutral reference. First Student shall not disclose to any other employer or potential employer that contacts First Student seeking a reference any facts or circumstances surrounding Charging Parties' charges or the events relating to the charges or this lawsuit. Charging Parties agree to direct any such prospective employer to contact only First Student's Director of Human Resources.
17. Posting of Notices Within two (2) weeks after entry of this Consent Decree, First Student shall post the notice attached as Exhibit A. The notice shall be posted in prominent and conspicuous locations where notices to employees are customarily posted in First Student's Iowa City facility, and those facilities where supervisors, mangers and human resources personnel reside who are responsible for or supervise the Iowa City location, and shall be individually distributed to First Student employees responsible for implementing aspects of this Consent Decree. The Notice shall remain posted for the duration of this Consent Decree.
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17. First Student shall provide a copy of the Consent Decree to any employee who requests one.
Dispute Resolution and Compliance 18. In the event that either party to this Consent Decree believes that the other party has failed to comply with any provision(s) of the Consent Decree, the complaining party shall notify the alleged non-complying party in writing of such non-compliance and afford the alleged non-complying party ten (10) business days to remedy the non-compliance or satisfy the complaining party that the alleged non-complying party has complied. If the alleged noncomplying party has not remedied the alleged non-compliance or satisfied the complaining party that it has complied within ten (10) business days, the complaining party may apply to the Comt for appropriate relief. In the event that, upon the expiration date of this Consent Decree, a dispute is pending pursuant to this paragraph, then the term of this Consent Decree shall be extended, with respect to the issue in dispute only, until such time as such dispute is resolved by the Parties or the Court. 19. First Student agrees that the Commission may review compliance with this Consent Decree. As part of such review, the Commission may inspect the premises, interview employees and examine and copy documents. The EEOC shall provide notice seven (7) days in advance of an inspection.
Costs and Notices 20. Each Party shall bear its own litigation costs and attorneys' fees associated with this litigation, and neither Party shall seek reimbursement for any outstanding litigation costs.
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21. Except as is otherwise provided for in this Consent Decree, all notifications, reports and communications to the Parties required under this Consent Decree shall be made in writing and shall be sufficient as hand-delivered or sent by first class mail to the undersigned counsel of record.
Any party may change such addresses by written notice to the other party, setting forth a new address for this purpose. Notwithstanding the provisions for notification contained in this paragraph, the Parties may send each other such notifications, reports and communications by facsimile transmission.

~ay 6d"kr; '11 SO ORDERED, ADJUDGED AND DECREED this

of

2003.

~g:;2~bJ<.Jo/1
,>p,. b rUnited States District Court Judge
Southern District oflowa
Agreed to in form and content:
FOR THE PLAJNTIFF EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 310 West Wisconsin Avenue, Suite 800 Milwaukee, WI 53203
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Telephone: (414) 297-3983 Facsimile: (414) 297-3146

Jea P. Kamp

Date

Date
Director of Labor Relations First Student, Inc.

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EXHIBIT A
OFFICIAL NOTICE TO ALL THE EMPLOYEES OF FIRST STUDENT, INC.
This Notice is posted pursuant to a Consent Decree entered in a lawsuit brought by the Equal Employment ~;!!1l~ Commission ("EEOC"), entitled EEOC v. First Student, Inc, Case Number' oj l?f\'l1ed in the United States District Court for the Southern District of Iowa.

By agreement of the parties and without making any determination about the merits of the case, United States District Court Chief Judge Ronald E. Longstaff has entered a consent decree which provides:

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First Student agrees to make payments specified in the Agreement.

First Student agrees not to condone sexual harassment, race harassment or retaliation against persons who oppose such harassment and to enforce its policy of zero tolerance regarding sexual harassment, race harassment, and retaliation. In other words, First Student will not harass or retaliate against employees because they have opposed practices they believe to be discriminatory, or have participated in any manner in an investigation or court case under Title VII.

TIDS IS AN OFFICIAL NOTICE AND MUST NOT BE DEFACED BY ANYONE
This Notice must remain posted for three (3) years from the date shown below and must not be altered, defaced or covered by any other material. Any questions about this Notice or about First Student's compliance with its provisions may be directed to First Student Settlement, Equal Employment Opportunity Commission, 310 West Wisconsin Avenue, Suite 800, Milwaukee, WI 53203, 1-800-669-4000.

Honorable Ii 4 i2 £. klga uCt.~r-Ies .RcJo lIE.
SR._United States District Court Judge
Southern District of Iowa

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 CM/ECF - U.S. District Court:iasd - Docket Report

https://ecf.iasd.uscourts.gov/cgi-bin/DktRpt.pl?414316280831018-L_9...

U.S. District Court Southern District of Iowa (Davenport) CIVIL DOCKET FOR CASE #: 3:03-cv-80105-CRW

TERMED

EEOC v. First Student Inc Assigned to: Senior Judge Charles R. Wolle Demand: $0 Cause: 42:1983 Civil Rights (Employment Discrimination)

Date Filed: 09/30/2003 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

Plaintiff
Equal Employment Opportunity Commission

represented by Jean P Kamp EEOC MILWAUKEE DISTRICT OFFICE 310 W WISCONSIN AVE STE 800 MILWAUKEE, WI 53203-2292 414 297 1860 Fax: 414 297 3146 Email: jean.kamp@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

V.
Defendant
First Student Inc engaged in business of providing contract school bus services in the State of Iowa and has continuously had at least 15 employees

represented by Thomas A Secrest LABOR RELATIONS FIRST STUDENT INC GENERAL COUNSEL 705 CENTRAL AVE STE 300 CINCINNATI, OH 45202 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed 10/22/2003

#

Docket Text

3 CONSENT DECREE and ORDER by Honorable Charles R. Wolle re [2-1] Proposed document; this Consent Decree resolves all claims arising out of the Charge of Discrimination filed by Lori Clark [Charge No. 26A-2001-1026] and Adil Adams Daoud [Charge No. 26A-2001-00258] and constitutes a complete resolution of all claims under Title VII that were made or could have been made by the EEOC in relation to the Charges. [See Consent Decree for further specific details] (cc: all counsel) (lh) (Entered: 10/22/2003)

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09/30/2003 09/30/2003 09/30/2003 09/30/2003

2 PROPOSED Consent Decree/Order submitted by Pltf EEOC Complaint [1-1]; Jury Demand [1-1] (lh) (Entered: 10/22/2003)
REMARK: Proposed Consent Decree and Proposed Order sent to DSM this date (rmj) (Entered: 09/30/2003)
1 DEMAND FOR JURY TRIAL by plaintiff [Attached to Complaint] (rmj) (Entered: 09/30/2003)
1 COMPLAINT (Summons not issued); Rule 16 Dismissal Notice set for 1/28/04 (rmj) (Entered: 09/30/2003)

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 EEOC LITIGATION SETTLEMENT REPORT - October 2003

http://www.eeoc.gov/litigation/settlements/settlement10-03.html

EEOC v. First Student, Inc. No. 03-CV-80105 (S.D. Iowa October 22, 2003)
In this Title VII action, the Milwaukee District Office alleged that defendant, a school busing company, subjected female employees to a sexually hostile work environment and black employees from Sudan and other African countries to a hostile environment based on their race and national origin. A supervisor made offensive sexual comments to women and touched them inappropriately, and used racial epithets and other abusive language in speaking to black African employees. Milwaukee also alleged that a female employee was discharged for complaining about the sexual harassment. The case was resolved by a three-year consent decree which requires a total award of $145,000 to nine class members. Defendant is enjoined from engaging in any behavior that harasses or intimidates employees on any basis prohibited by Title VII and is required to enforce its "zero tolerance" policy prohibiting discrimination or harassment based on sex or race. Defendant is further enjoined from retaliating against any current or former employee for exercising Title VII rights.

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