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UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF MICHIGAN

0 3 - t 3 a 0 SOUTHERN DIVISION

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EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,

CtYE'NfSEPAGE HOOD

v.
IiI-MILL MFG.

Plaintiff,

MAGISTRATE JUDGE DONALD A. SCHEER

Defendant.

COMPLAINT JURY TRIAL DEMAND

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I NATURE OF THE ACTION

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o This is an action brought under the Equal Pay Act of 1963, Title VII of the Civil Rights Act

of 1964, and Title I of the Civil Rights Act of 1991, to restrain the unlawful payment of wages to

employees of one sex at rates less than the rates paid to employees of the opposite sex and to provide

appropriate relief due to Lynn Runthi, Sharon Hodges and other similarly situated females as a result

of such unlawful practices. Specifically, the Commission alleges that Defendant paid Runthi and

Hodges, a lower salary than that paid to male counterparts, who were performing substantially equal

work.

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 pursuant to Section 16(c) of the Fair Labor Standards Act of

1938 (the "FLSA"), as amended, 29 U.S.C. §216(c), to enforce the requirements of the Equal Pay

Act of 1963, codified as Section 6(d) of the FLSA, 29 U.S.C. §206(d), and pursuant to §706(I)(l)

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and (3) of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. §2000e-S (f)(I) and (3), and Section 102 of the Civil Rights Act of 1991, 42 U.S.C. §1981a.
2. The employment practice alleged to be unlawful was and is now being committed within the jurisdiction of the United States District Court for the Eastern District of Michigan, Southern Division.
PARTTES 3. Plaintiff, the Equal Employment Opportunity Commission (the "Commission"), is the agency of the United States of America charged with the administration, interpretation and enforcement of the Equal Pay Act and Title VII, and is expressly authorized to bring this action by Section 16(c) of the FLSA, 29 U.S.C. §216(c), as amended by Section 1 of Reorganization Plan No.1 of 1978, 92 Stat 3781, and by Public law 98-S32 (1984), 98 Stat. 270S; and by Section 706 (f)(I) and (3) of Title VII, 42 U.S.C. §§2000e-S(f)(1) and (3). 4. At all relevant times, Defendant, Hi-Mill Hfg. (the "Employer"), has continuously been a Michigan corporation doing business in the State of Michigan and the City of Highland, and has continuously had at least IS employees. S. At all relevant times, Defendant Employer has continuously been an employer engaged in an industry affecting commerce within the meaning of Sections 701 (b), (g) and (h) of Title VII, 42 U.S.C. §§2000e(b), (g) and (h). 6. At all relevant times, Defendant Employer has acted directly or indirectly as an employer in relation to employees and has continuously been an employer of employees within the meaning of Section 3(d) of the FLSA, 29 U.S.C. §203(d). 7. At all relevant times, Defendant Employer has continuously employed
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employees engaged in commerce or in production of goods for commerce within the meaning of Section 3(b),(i) and (j) of the FLSA, 29 U.S.C. §203(b), (i) and (j), or has been continuously been an enterprise engaged in commerce or in the production of goods for commerce within the meaning ofSection 3(r) and (s) of the FLSA, 29 U.S.C. §203(r)and (s), in that said enterprise has continuously been and is now an enterprise whose annual gross volume of sales made or business done is not less than $500,000.
CONCILIATION 8. Before commencement of this lawsuit, the Commission's representatives attempted to eliminate the alleged unlawful employment practices through informal methods of conciliation, conference and persuasion within the meaning of Section 706 (b) of Title VIT, 42 U.S.C. §2000e5(b).
STATEMENT OF CLAIMS 9. More than thirty days before the commencement of this lawsuit, Lynn Runthi and Sharon Hodges both filed a charge with the Commission alleging violations of Title VII and the Equal Pay Act by Defendant Employer. All conditions precedent to the institution of this lawsuit have been fulfilled. 10. Since at least August of 2002, Defendant Employer engaged in unlawful employment practices at its Highland, Michigan facility by discriminating against Lynn Runthi, Sharon Hodges and other similarly situated females on the basis of sex with respect to her compensation, terms, conditions and privileges of employment in violation of Section 703(a) of Title VIT, 42 U.S.C. §2000e-2(a) by paying them less than similarly situated males who performed substantially equal work in terms of skill, effort and responsibility and under similar working conditions.
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11. The effect of the practiccs complained of above has been to deprivc Runthi, Hodges and other similarly situated females of equal compensation, terms, conditions and privileges of employment and otherwise adversely affect their status as employees because of there sex.
12. The unlawful employment practices complained of in paragraph 10 above, were and are intentional.
13. The unlawful employment practices complained of in paragraph 10 above, were and are done with malice or with reckless indifference to the federally protected rights ofLynn Runthi, Sharon Hodges and other similarly situated females.
14. Since at least August 2002, Defendant Employer has violated Sections 6(d)(I) and IS(a)(2) of the FLSA, 29 U.S.C. §§ 206(d)(I) and 21S(a)(2), by paying wages to female employees in Highland, Michigan at rates less than the rates paid to employees of the opposite sex in the same establishment for equal work on jobs, the performance of which requires equal skill, effort, and responsibility and which are performed under similar working conditions. Specifically, Defendant paid Lynn and Hodges, Assistant Group Leaders, and other similarly situated individuals at a rate less than comparable male counter parts.
15. As a result of the acts complained of above, Defendant Employer unlawfully has withheld the payment of equal wages due to Lynn Runthi, Sharon Hodges and other similarly situated females.
16. The unlawful practices complained of in paragraph 14 were and are willful. PRA YER FOR RELTEF
Wherefore, the Commission requests that this Court: A. GRANT a permanent injunction cnjoining the Defendant Employer, its
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officers, succcssors, assigns and all persons in active concert or participation with it, from

discriminating within any of its cstablishments between employees on the basis of sex, by paying

wages to employees at rates less than the rates at which it pays wages to employees of the opposite

sex in the same establishment for equal work on jobs the performance of which requires cqual skill,

effort, and responsibility, and which are performed under similar working conditions.

B. ORDER Defendant Employer to institute and carry out policies, practices

and programs which provide equal employment opportunities for women, and which eradicate the

effects of its past and present unlawful employment practices.

C. ORDER Defendant Employer to provide all personnel responsible for

hiring and promotion with mandatory training regarding the Equal Pay Act and Title VII concerning

the prohibition against paying female employces less than male employees for the performance of

substantially equal work.

D. ORDER Defendant Employer to make whole Lynn Runthi, Sharon Hodges and other

similarly situated females by providing appropriate backpay, in amounts to be proven at tri.al, and

other affirmative relief necessary to eradicate the effccts of its unlawful employment practices.

E. GRANT a judgment requiring Defendant Employer to pay appropriate back

wages, in an amount to be proven at trial, and an equal sum as liquidated damages or prejudgment

interest in lieu thereof, to Lynn Runthi, Sharon Hodges and other similarly situated females, the

employee whose wages were being unlawfully withheld as a result of the acts complained of above.

F.

ORDER Defendant Employer to make whole Lynn Runthi, Sharon Hodges and

other similarly situated females by providing compensation for past and future pecuniary losses

resulting from the unlawful employment practices described in paragraph 10 above, in amounts to

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be proven at trial. G. ORDER Defendant Employer to make whole Lynn Runthi, Sharon Hodges and other
similarly situated females by providing compensation for past and future non-pecuniary losses resulting from the unlawful practices complained of in paragraph 10 above, in amounts to be proven at ttial.
H. ORDER Defendant Employer to pay Lynn Runthi, Sharon Hodges and other similarly situated females punitive damages for its malicious or reckless conduct described in paragraph 10 above, in amounts to be proven at trial.
I. GRANT such further relief as this Court deems necessary and proper in the public interest.
J. AWARD the Commission its costs of this action. JURY TRIAL AND DEMAND
17. The Commission requests a jury trial on all questions of fact raised by its complaint. Respectfully submitted,
ERIC S. DREIBAND General Counsel
JAMES L.LEE Deputy General Counsel
ROBERT K. DAWKlNS (P38289) Supervisory Trial Attorney
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TAMMY C. KLEIN (P60256) / Trial Attorney
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Detroit District Office Patrick V. McNamara Building 477 Michigan Avenue. Room 865 Detroit. Michigan 48226 (313) 226-5673

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 UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,

ORIGINAL
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JUN 222004 CLERUK.'sS.ODF/FISCTERlCm~Wf'PSG

Plaintiff,

Civil Action No.: 03-73670

v.
HI-MILL MFG. Defendant.

Hon. Denise Pag<tf[ood

Magistrate JudlWi Scheer ~
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ADELE RAPPORT (P44833)

SCOTT PAT~$~S.9N (P~552) 0

ROBERT DAWKINS (P38289) TAMMY KLEIN (P60256)

ANGELA EMMEE;LING ¥-
BOUFFORD (P59140) w

Equal Employment Opportunity

Butzel Long

Commission

100 Bloomfield Hills Parkway

477 Michigan Avenue, Room 865

Suite 200

Detroit, Michigan 48226

Bloomfield Hills, Michigan 48304

(313) 226-5673

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CONSENT DECREE

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Dist~~~Foufi:for~; On September 22,2003, this action was commenced in the United States

Eastern District of Micbigan, Southern Division, by the Equal Employment .O'!,l' P--oi iiu:t~> 0 ::",,:.""1 ~

Commission, ("EEOC" or the "Commission") on behalf of Charging Parties, Sharon HOdges and

Lynn Ronthi, against Defendant. Hi-Mill Mauufacturing, Inc. In its Complaiut, the Commission

alleged that Hodges and Ronthi, Assistant Group Leaders, were/are paid less than male Assistant

Group Leaders, for performing substantially similar work, in violation of the Equal Pay Act of

1967, as amended.

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FINAL DISPOSITION I, Through this Consent Decree ("Decree"), the Commission, on behalf of Sharon Hodges and Lynn Ronthi ("Hodges and "Ronth;") and Hi-Mill Manufacturing ("Defendant"), desire to forever resolve all issues raised, presented, or joined in Civil Aetion Number 03-73670 without the burden, expense and potential delay of further litigation of all issues set forth in this lawsuit and intend to be bound by the promises made herein,
STIPULATED FACTS
2. The parties stipulate and agree that the EEOC is the agency of the United States government authorized to investigate allegations of unlawful employment discrimination, to bring civil actions to prohibit unlawful employment practices and to seek relief for individuals affected by the practices complained of in this lawsuit. 3. Hi-Mill Manufacturing is an employer engaged in an industry affecting commerce within the meaning of Section 701(g) and (h) ofTide VII of the Civil Rights Act of 1964, as amended, 42 U,S,c, 2000c(g) and (h), Hi"Mill had at least fifteen (IS) employees for twenty (20) or more calendar weeks during the relevant time period, 4. Pursuant to the EPA, the parties acknowledge the jurisdiction of the United States District Court for the Eastcm District of Michigan, Southem Division, over the subject matter and parties to this case for the purpose of entering this Decree, and, if necessary, enforcing the provisions of this Decree, 5, Venue is appropriate in the Eastern District of Michigan, Southern Division, For purposes ofthis Decree and proceedings related to this Decree only, Hi-Mill agrees that all statutory conditions precedent to the institution of this lawsuit have been fulfilled,
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MONETARY RELIEF
6. Hi-Mill agrees to pay Sharon Hodges monetary relief in the amount of$10,750 and Lyl1l1 Ronthi monetary rclicfin the amount of$9,250 within ten (10) days of the acceptance and signing of this Decree. Ordinary employment taxes as required by the IRS shall be withheld by Hi-Mill. The funds are to be paid directly to Hodges and Ronthi via Certified. Mail at the following addresses: Hodges: 3057 N. Hickory Ridge, Highland, Michigan 48357, and Ronthi: 10187 Nimphie, Fenton, Michigan 48430, with a copy of the cheek sent to Adele Rapport, Regional Attorney, Equal Employment Opportunity Commission, 477 Michigan Avenue, Room 865, Detroit, Michigan 48226 within ten (10) days ofthe issuance ofthe check to Hodges and Ronthi. Tn addition, both Hodges and Ronthi shall be placed at a rate of $14.00 per hour, the wage of the comparable male Assistant Group Leader, no later than June 14, 2004. It is hereby understood that the increased rate of pay is also to be in clreet for any and all vacation pay and any and all sick pay currently owed to Ronthi and Hodges or that has been paid to Ronthi and Hodges as advanced vacation and/or sick pay.
NON-DISCRIMINATION
7. Hi-Mill Manufacturing, its officers, agents, employees, successors, assigns and all persons in active concert of participation with it, shall comply with the provisions of the EPA, and ensure that female employees and male employees who perform substantially similar work are paid equal wages.
NON-RETALIATION
8. Hi-Mill Manufacturing, through its directors, officers, agents, successors, assigns and employees, will not retaliate against any person known to them who participated or cooperated in
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the investigation and prosecution by the EEOC of the Charges of Disctimination filed by Sharon Hodges and Lynn Ronthi under the EPA and Title VII ofthe Civil Rights Act of 1964, as amended. It is understood that Hi-Mill is currently considering a company-wide re-organization, which may effect all cmployees, including Ronthi and Hodges.
DISPUTE RESOLUTION AND COMPLIANCE 9. The Parties agree that the United States District Court for the Eastern District of Michigan, Southern Division, shall retain jurisdiction and will have all available equitable powers, including injunctive relief, to enforce this Agreement. Upon motion of either party, the Court may schedule a hearing for the purpose of reviewing compliance with this Decree. The parties shall engage in a good faith effort to resolve any dispute as to compliance prior to seeking review by the Court, and shall be required to give notice to each other ten (10) days before moving for such review.
POSTING OF NOTICE 10. Hi-Mill Manufacturing will post a mutually agreeable Notice, attached as Attachment A, in at least one (I) conspicuous place in its Highland, Michigan facility, which sets forth an employee's rights regarding the federal anti-discrimination laws. This Notice shall be posted for three (3) years from the entry of this Decree. Should any posted copies of the Notice become defaced, marred or otherwise made unreadable, Hi-Mill agrees to post a readable copy of this Notice in the same mal1llcr heretofore specified as soon as practic,al thereafter. In addition, Hi-Mill warrants that it will continue to post all employment discrimination Notices as required by applicable law at all times.
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NON,ADMISSION OF LIABILITY 11. Hi·MilI has denied all allegations sct torth in Civil Action Number 03-73630 along
with any and all inferences of wrongdoing, and neither its consent to the entry of this Decree, nor
any ofthc temlS or conditions sct forth herein shall constitute an adjudication or finding on the merits of the case or be construed as an admission of liability, wrongdoing, guilt, and/or violation of federal law, which Hi-Mill Manufacturing expressly denies.
ALLOCATION OF COST [2. The Parties agree to pay their respective costs and attorneys fees associated with the drafting and enforcemcnt of this Decree.
SEVERABILITY CLAUSE 13. If any provision of this Decree is found to be unenforceable by a Court, only the specific provision in question shall be affected and the other enforceable provisions shall remain in full force.
TRAINING 14. Hi-Mill Manufacturing shall provide training on the Equal Pay Act and its requirement that individuals performing substantially similar work be paid equally to Owner, Robert Beard, and the individual holding the position of "Assistant to the President". This training shall take place within One ([) year of the signing and acceptance of this Decree. An outline of the materials presented dllring the training session(s) shall be sent to Adele Rapport, Regional Attorney, Equal Employment Opportunity Connnission, 477 Michigan Avenue, Room 865, Detroit, Michigan 48226.
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ENTIRE AGREEMENT 15. This Agreement constitutes the entire agreement and commitments onhe parties. Any modifications (0 this Agreement must be mutually agreed upon in writing and signed by the parties hereto.

DURATION

16. This Agreement shall remain in effect for three (3) years from the date of its signing and

acceptance by the Parties.
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ADELE RAPPOR/(J44833) ROBERT DAWKlNS (P38289) TAMMY KLEIN (P60256) Equal Employment Opportunity Commission 477 Michigan Avenue, Room 865 Detroit, Michigan 48226 (313) 226-5673

:;rd, Respectfully ~ ..
SCOTT PATTERSON (P39552) ANGELA EMMERLING BOUFFORD (P59140) Butzel Long 100 Bloomfield Hills Parkway Suite 200 Bloomfield Hills, Michigan 48304 (248) 258-1616

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U.s. DISTRICT COURT JUDGE

JUN 302004
DATED

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

https://ecf.mied.uscourts.gov/cgi-bin/DktRpt.pl?363483239652169-L_3...

U.S. District Court Eastern District of Michigan (Detroit) CIVIL DOCKET FOR CASE #: 2:03-cv-73670-DPH

CLOSED, DAS

Equal Empl v. Hi Mill Mfg Assigned to: Judge Denise Page Hood Demand: $0
Plaintiff Equal Employment Opportunity Commission
V. Defendant Hi-Mill Manufacturing

Date Filed: 09/24/2003 Date Terminated: 06/30/2004 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff
represented by Tammy C. Klein Equal Employment Opportunity Commission 477 Michigan Avenue Suite 865 Detroit, MI 48226 313-226-6701 Fax: 313-226-5673 Email: Tammy.Klein@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Keith James Butzel Long (Bloomfield Hills) 100 Bloomfield Hills Parkway Suite 200 Bloomfield Hills, MI 48304-2949 248-258-1616 Fax: 248-258-1616 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Angela E. Boufford Butzel Long (Bloomfield Hills) 41000 Woodward Avenue Bloomfield Hills, MI 48304 248-258-1616 Email: boufford@butzel.com ATTORNEY TO BE NOTICED

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

https://ecf.mied.uscourts.gov/cgi-bin/DktRpt.pl?363483239652169-L_3...

Date Filed 09/24/2003 10/14/2003 10/14/2003 10/20/2003 12/02/2003 12/10/2003
02/12/2004 02/13/2004 06/30/2004

#

Docket Text

1 COMPLAINT with jury demand (LS) (Entered: 09/25/2003)
2 ANSWER by defendant Hi Mill Mfg to complaint [1-1] with proof of service (kg) (Entered: 10/16/2003)
2 AFFIRMATIVE defenses by defendant Hi Mill Mfg (kg) (Entered: 10/16/2003)
3 NOTICE by court setting scheduling conference for 4:00 on 12/2/03 with proof of service (kg) (Entered: 10/21/2003)
SCHEDULING conference held - Judge Denise Page Hood (bl) (Entered: 12/02/2003)
4 PRETRIAL scheduling order by Judge Denise Page Hood - setting deadline for witness list for 2/16/04 , setting deadline for discovery for 5/3/04 , setting deadline for filing motions for 5/17/04 , setting final pretrial conference for 2:00 7/19/04 , setting civil jury trial for 9:00 9/21/04 (kg) (Entered: 12/11/2003)
5 WITNESS LIST by Equal Employment Opportunity Commission (LHack, ) (Entered: 02/18/2004)
6 WITNESS LIST by Hi-Mill Manufacturing (LHack, ) (Entered: 02/20/2004)
7 CONSENT DECREE Signed by Honorable Denise Page Hood. (SSchoe, ) (Entered: 07/02/2004)

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