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

U.S. EQUAL EMPLOYMENT

)

OPPORTUNITY COMMISSION, )

)

Plaintiff,

)

)

v.

)

)

HQ GLOBAL WORKPLACES,

)

)

)

Defendant.

)

)

, UOGI ZAGEL
Case No. 02C 6623
JURY T~EJUDGE MASON

NATURE OF THE ACTION

~-::~.

~ ~

This is an action under Title I and Title V of the Americans with Dlsabditms A’~:ofL990 co

(the "ADA"), 42 U.S.C. § 12101 et ~. and 42 U.S.C. § 12203 et ~ and Title I of the C~I c6

Rights Act of 1991, to correct unlawful employment practices on the basis of disability and to

provide appropriate relief to Kathleen Giuliano ("Giuliano" or "Charging Party") and her local

manager, Jan Trapani (’Wrapani"), who were adversely affected by such practices. The

Commission alleges that Defendant HQ Global Workplaces ("Defendant") discriminated against

Charging Party on the basis of her disability by maintaining policies on leave and the availability

of part-time status which precluded reasonable accommodations in violation of the ADA. The

Commission alleges further that Defendant discriminated against Trapani for complying with the

requirements of the ADA.

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 107(a) of the ADA, 42

U.S.C. § 12117(a), which incorporates by reference Section 706(0(1) and (3) of Title VII of the Civil Rights Act of 1964 ("Title VII"), 42 U.S.C. § 2000e-5(f)(1) and (3), and pursuant to Section 102 of the Civil Rights Act of 1991, 42 U.S.C. § 1981A.
2. The employment practices alleged to be unlawful were committed within the juxisdietion of the United States District Court in the Northern District of Illinois, Eastern Division.
PARTIES 3. PlaintiffU.S. Equal Employment Opportunity Commission (the "Commission"), is an agency of the United States of America charged with the administration, interpretation and enforcement of Title I of the ADA and is expressly authorized to bring this action by Section 107 (a) of the ADA, 42 U.S.C. § 12117(a), which incorporates by reference Section 706(0(1) and (3) of Title VII, 42 U.S.C. § 2000e-5(f)(1) and (3). 4. At all relevant times Defendant HQ Global Workplaces ("Defendant") has been and is now an Illinois corporation doing business in the State of Illinois and has continuously had and does now have at least fifteen (15) employees. 5. At all relevant times, Defendant has continuously been an employer engaged in an industry affecting commerce under Section 10(5) of the ADA, 42 U.S.C. § 12111(5), and Section 101(7) of the ADA, 42 U.S.C. § 12111(7), which incorporates by reference Sections 701(g) and 0a) of Title VII, 42 U.SIC. §§ 2000e(g) and (h). 6. At all relevant times, Defendant has been a covered entity under Section 101(2) of the ADA, 42 U.S.C. § 12111(2).

STATEMENT OF CLAIMS 7. More than thirty (30) days prior to the institution of this lawsuit, Giuliano filed a charge with the Conmdssion alleging violations of Title I of the ADA by Defendant. All conditions precedent to the institution of this lawsuit have been fulfilled. 8. Since at least August 23, 1999 Defendant has engaged in unlawful employment practices at its Oakbrook Terrace, Illinois facility in violation of Sections 102(a), 102Co)(5) and 503Co) of the ADA, 42 U.S.C. §§ 12112(a), I2112Co)(5) and 12203(b). These practices include, but are not limited to: 1) Defendant’s failing to provide Giuliano with a reasonable accommodation; 2) terminating Giuliano on the basis of her disability; and 3) reprimanding Trapani for providing Giuliano with a reasonable accommodation. 9. The effect of the practices complained of in paragraph 8 has been to deprive Giuliano of equal employment opportunities and otherwise adversely affect her status as an employee because of her disability. The effect of the practices complained of in paragraph 8 has also been to deprive Trapani of her fight aid or encourage Giuliano in the exercise or enjoyment of her entitled right to a reasonable accommodation under the ADA. 10. The unlawful employment practices complained of in paragraphs 8 and 9 above were intentional. 11. The unlawful employment practices complained of in paragraphs 8 and 9 above were done with malice or with reckless indifference to the federally protected rights of Giuliano and Trapani.

PRAYER FOR RELIEF WI-IEREFORE, the Commission respectfully prays that this Court: A. Grant a permanent injunction enjoining Defendant, its officers, management personnel, employees, agents, successors, assigns and all persons in active concert or participation with it, from engaging in any employment practice which discriminates on the basis of disability, and from maintaining policies on leave and availability of part-time status which preclude reasonable accommodations in violation of the ADA. B. Order Defendant to institute and carry out policies, practices and programs which provide equal employment opportunities to qualified individuals with disabilities, and which eradicate the effects of its past and present unlawful employment practices. C. Order Defendant to make whole G-iuliano by providing back pay with prejudgment interest, in mounts to bc determined at trial, and other affu’mative relief necessary to eradicate the effects of its unlawful employment practices. D. Order Defendant to make whole Giuliano by providing compensation for pecuniary losses resulting from the unlawful employment practices d,scdbed in paragraph 8, above, in amounts to be proved at trial. E. Order Defendant to make whole Giuliano and Trapani by providing compensation for non-pecuniary losses resulting from the unlawful practices complained of in paragraph 8 above, including pain, suffering, emotional distress, inconvenience and mental anguish, in amounts to be proved at trial. F. Order Defendant to pay Giuliano and Trapani punitive damages for its malicious and reckless conduct, as described in paragraph 8, in amounts to be proved at trial. G. Grant such further relief as the Court deems necessary and proper.

H. Grant the Commission its costs in this action. JURY TRIAL DEMANDED
The Commission requests a jury trial on all questions of fact raised by the Complaint.

Respectfully submitted,

Nicholas Inezo Acting Deputy General Counsel

U.S.

oyment

Wallace ¯ Attorney
U. S. Equal Employment Opportunity Commission
Chicago District Office 500 West Madison Street Suite 2800 Chicago, Illinois 60661 (312) 353-7259

Civil Cover Sheet

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Page 1 of 2

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF ILLINOIS
Civil Cover Sheet
This automated JS-44 conforms generally to the manual JS-44 approved by the Iudicial Conference of the United States in September 1974. The data is required for the use of the Clerk of Court for the purpose of initiating the civil docket sheet. The information contained herein neither replaces nor supplements the fding and service of pleadings or other papers as required by law. This form is authorized for use on_Q~yl in the Northern District of Illinois.

Plaintiff(s): EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
County of Residence:

Defendant(s):HQ GLOBAL WORKPLACES County of Residence:

Plaintiffs Arty: June Wallace Calhoun

Defendant’s Atty: Kimberly Samon, Esq., V.P.

Equal Employment Opportunity

Human Resources

Commission

HQ Global Workplaces

500 W. Madison, Suite 2800 Chicago, IL 60661

Tower 2, Suite 400, 15950 N. Dallas Pkwy.

312-353-7259

.

Dallas, TX 75249

III. Citizenship of Princip_al Part~ (Diversity Cases Only)
Plaintiff:- N/A Defendant:- N/A

~~ MAGISTRATE, JUDGE. MASON

IV. Origin" V. Nature of Suit:

1. Original Proceeding
~nployment

VI.Cause of Action:

Title I and Title V of the Americans with Disabilities Act of I990 ("the ADA"), 42 U.S.C. § 12101 et seq., and 42 U.S.C. § 12203 et
seq., and Title I of the Civil Rights Act of 1991, to correct the unlawful employment practices on the basis of disability.

VII. Requested in Complaint

Class Action:

Dollar Demand: Jury Demand: Yes

VIII. This case IS NOT a refiling of a previously dismissed case.

http://www,ilnd.uscourts.gov/PUBLIC/Forms/auto_j s44.cfm

9/17/02

U~,__~ ED STATES DISTRICT COURT NORTHERN DISTRICT OF ILLINOIS

In the Matter of
U.S. Equal Employment Opportunity Commission, Plaintiff,

JUDGE ZAG ’

V.
HQ Global Workplaces,

6623

Defendant.

MAGISTRATE JUDGe-MASON

APPEARANCES ARE HEREBY FILED BY THE UNDERSIGNED AS ATTORNEY(S) FOR:

Plaintiff, U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

, C

(A

..

~j4,, - Wal~’ace Calhoun ’
Equal Employment Opportunity Commission s~,,~D~s 500 W. Madison St., Suite 2800
crr~/sT, v~zu, Chicago, IL 6066 I

,n~HO~ ~BR312-353-7259 l m~’rI~C~noNsum~¢s~rr~,o~w/mE)USDC No. 06202058

MEMBEIt OF TKIAL BAg?

YES X NO

Equal Employment Opportunity Commission
Sa’~.~T~V~S ~SS500 W. Madison...St.~ Suite 2800 crr~s~^Tsrzn, Chicago, IL 60661

a’m’~H°rm~umm~312-886-9124
M~MBER OF TRIAL BAR?

No. 06210804

YES

X

NO

Jo . Hen

on

..~k,,. Eq:,vaJ/Empl°yment Opp°rtunity C°mmiss.!on ~~s 500 W. Madison St.~ Suite 2800
.~’~,’~T,,Tr-~ Chicago, IL 60661

=~°~ ~’m~312-353-8551 ~¢nnc,..~or~ ~r,.~e~t ~s= rr~,~ os ~,v~E~ARDC No. 01187589

DESIGNATED AS LOCAL COUNSEL?
_ /
,-

(D)
LI~

’~e~m~ICA~ON ~ (s~ rn~ ~ ON

 
 I....Iil"IT~ (II'~~I' F.), .\, [()(,;')7)

United States District Court, Northern District oflIlinois

Name of Assigntd Jud~c 01' Mngistl'u.I(' Jud!,;c

.Tames B, Zugel

Sitting Judge if Other than AS8igul'd Jud~e

CASE NUMBER

02 C 6623

DATE

511 /2003

CASE TITLE
MOTION:

E,E,O,C vs, HQ GLOBAL WORKPLACES, INC

lin thc following box (a) illdlcal~ th~ party filing the mOliorl. e.g., pllli!1liff. detend:lI1l, ~rd party plilintiff. ~!l1d (h.\ ~i.:lt(: b,·i..::ll..,. llI~ nature

of the motion being pr~senled.l

.

DOCKET K~TI-tY:

(I) 0

Filed motion of lusc listing in ~~Motion" box abuvc.J

(2)

0

Brief in support of motion due _ _ _ '

(3)

0

Answer hrief to motion due___ Reply to answer brief due

(4)

0

(5)

0

Ruling/Hearing on __..

set tor

at

Status hearing[hdJJcontinued toJ lset tor/re-set f01."l on _ _ _ set [oJ' _ _ _ at _ ._...

(6) 0

Pretrial conference[held/continued to] [,et lor/re·set 11lTJ on.,

set for

at

(7)

0

Trial[set t"Qrlrc-set for] on

at

(8) 0
• (9)
• (10)

[IlenchJJmy trial] [Hearing] held/continued 10 _ _ _ al _ _.., . This case is dismissed with prejudice and without costs by agreement
[Other docketenny] Joint motion to dismiss with prejudice is granted.

• (11 )

lFor fLLrthcr detail see order attached to the original minute order,]

No l"Iolict:s required, advised in open court.

~

-

No llolict:s required

Noli(;ts mailed by jlldg~~'s sti1ff.

~
--;-
-

Notified counsel by ld~pholle. Ouckdirq; to mail notiC".cs, Mail AO 450 fOrlll. Copy to judge/magistrate .iLldg~.

courtroom

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deputy's

initillls

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baie~t.~·)e'r'e6eiv~d in
c~ntrl:ll ('.Ierk's OO"iCI::

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Uocumcnt , .'
Number i
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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION

U.S. EQUAL EMPLOYMENT

)

OPPORTUNITY COMMISSION,

)

)

Plaintiff, )

)

vs.

)

)

HQ GLOBAL WORKPLACES, INC., )

)

Defendant. )

No. 02 C 6623

M/':I'{ , & 200J

JUDGEZAGEL MAGISTRATE JUDGE MASON

AGREED ORDER OF DISMISSAL
THIS CAUSE COMING TO BE HEARD in connection with the parties' .loint Motion to Dismiss With Prejudice, it is hereby ordered that:

I. The Joint Motion to Dismiss With Prejudice is granted;

2. Defendant's Motion to Compel the EEOC to Produce Adequate Discovery Responses and for Sanctions is denied as 111oot; and

3. This case is hereby dismissed with prejudice and without an award of costs or attorney's fees to either party, thereby fully and finally resolving any and all issues or claims that were or might havc been raised by either party during or in connection with this litigation.

PLAINTIFF U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

DEFENDANT HQ GLOBAL WORKPLACES, INC.

By: One of its Attorneys
Deborah 1. Hamilton U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 500 West Madison Street, Suite 2800 (312) 353-7259
Dated: April 22, 2003

By: One of its Attorneys
Peter A. Steinmeyer EPSTEIN BECKER & GREEN, P.c. 150 N. Michigan Avenue, Suite 420 Chicago, Illinois 6060 I (312) 499-1400
TER: X...l
~U)

CH:7671.1

n

 
 CM/ECF LIVE, Ver 3.0 - U.S. District Court, Northern Illinois - Docket... https://ecf.ilnd.uscourts.gov/cgi-bin/DktRpt.pl?274607641101455-L_35...
MASON, TERMED
United States District Court Northern District of Illinois - CM/ECF LIVE, Ver 3.0 (Chicago)
CIVIL DOCKET FOR CASE #: 1:02-cv-06623

EEOC v. HQ Global Workplaces Assigned to: Hon. James B. Zagel Demand: $0 Cause: 42:12101 Americans with Disabilities Act

Date Filed: 09/18/2002 Date Terminated: 05/01/2003 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

Plaintiff
Equal Employment Opportunity Commission

represented by June Wallace Calhoun United States Equal Employment Opportunity Commission 500 West Madison Street Suite 2800 Chicago, IL 60661 (312) 353-7568 Email: june.calhoun@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Deborah Lois Hamilton Equal Employment Opportunity Commission 500 W. Madison Street 2800 Chicago, IL 60661 (312)353-7722 Email: deborah.hamilton@eeoc.gov 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

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V. Defendant HQ Global Workplaces, Inc.

Chicago, IL 60661 (312) 353-8551 Fax: (312) 353-8555 Email: john.hendrickson@eeoc.gov ATTORNEY TO BE NOTICED
represented by Peter Andrew Steinmeyer Epstein, Becker & Green 150 North Michigan Avenue Suite 420 Chicago, IL 60601 (312) 499-1414 Email: psteinmeyer@ebglaw.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jason A Schmidt Epstein, Becker & Green 150 North Michigan Avenue 35th Floor Chicago, IL 60601 (312) 499-1400 Email: jschmidt@ebglaw.com
Michael P Butler Epstein, Becker & Green 150 North Michigan Avenue Suite 420 Chicago, IL 60601 (312) 499-1414 Email: mbutler@ebglaw.com ATTORNEY TO BE NOTICED

Date Filed 09/18/2002
10/21/2002 11/18/2002

#

Docket Text

1 COMPLAINT; jury demand - Civil cover sheet - Appearance(s) of John C. Hendrickson, Gregory M. Gochanour, June Wallace Carson as attorney(s) for plaintiff ( No summons(es) issued.) ( Documents: 1-1 through 1-3) (cdy) (Entered: 09/19/2002)
2 WAIVER of service of summons as to defendant sent on 9/18/02 (cdy) (Entered: 10/22/2002)
3 ANSWER by defendant to complaint [1-1] (cdy) (Entered: 11/21/2002)

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11/18/2002 11/18/2002 01/17/2003 02/12/2003 02/20/2003
02/20/2003 03/10/2003 03/13/2003
03/13/2003 03/13/2003
03/26/2003 04/03/2003
04/28/2003 05/01/2003

4 ATTORNEY APPEARANCE for defendant by Peter A. Steinmeyer, Michael P. Butler (cdy) (Entered: 11/21/2002)
5 CORPORATE disclosure statement by defendant (cdy) (Entered: 11/21/2002)
6 ATTORNEY APPEARANCE for defendant by Jake Schmidt (cdy) (Entered: 01/21/2003)
7 MOTION by plaintiff for entry of appearance ; Notice (cdy) (Entered: 02/27/2003)
8 MINUTE ORDER of 2/20/03 by Hon. James B. Zagel: Plaintiff's motion for entry of appearance [7-1], is granted. Telephoned notice (cdy) (Entered: 02/27/2003)
9 ATTORNEY APPEARANCE for plaintiff by Deborah Lois Hamilton (cdy) (Entered: 02/27/2003)
10 MOTION by plaintiff for settlement conference ; Notice (cdy) (Entered: 03/11/2003)
12 MOTION by defendant to compel the EEOC to produce adequate discovery responses , and for sanctions ; Memorandum in support; Notice (cdy) (Entered: 04/04/2003)
13 RESPONSE by defendant to EEOC's motion for settlement conference [10-1] (cdy) (Entered: 04/04/2003)
14 APPENDIX filed by defendant to motion to compel the EEOC to produce adequate discovery responses [12-1], and for sanctions [12-2] (cdy) (Entered: 04/04/2003)
11 RESPONSE by plaintiff to defendant's motion to compel requesting a briefing schedule (cdy) (Entered: 03/27/2003)
15 MINUTE ORDER of 4/3/03 by Hon. James B. Zagel: Answer brief to defendant's motion to compel the EEOC to produce adequate discovery responses [12-1] and for sanctions [12-2] due 05/01/03 motion. Plaintiff's motion for settlement conference [10-1], is granted. Mailed notice (cdy) (Entered: 04/04/2003)
16 JOINT MOTION by the parties to dismiss with prejudice ; Notice (cdy) (Entered: 05/15/2003)
17 MINUTE ORDER of 5/1/03 by Hon. James B. Zagel: This case is dismissed with prejudice and without costs by agreement. Joint motion to dismiss with prejudice [16-1], is granted terminating case. (Entered Agreed Order of Dismissal.) Mailed notice (cdy) (Entered: 05/15/2003)

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