IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,

,." Civil ction ~n.:~""-77,~;0°2.

Plaintiff,

v.
UNITED AUTO WORKERS INTERNATIONAL UNION (UAW),

COMPLAINT AND IURY TRIAL DEMAND

Defendants.

llii/\GISTRATE JUDGE DONALD A. SCHEER

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NATURE OF THE ACTION

This is an action under Title I of the Americans With Disabi Iities Act of 1990, and Title

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I of the Civil Rights Act of 1991, to correct unlawful employment practices on'th.elb,',a,,sis'o.f~

disability and to make whole Jill Snook ("Snook").

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- The Equal Employment Opportunity Commission alleges that Defendant,Tbe ~llited':":1

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Auto Workers ("UAW") violated the Americans with Disabilities Act by failing to reaso®bly

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accommodate Snook, a qualified individual with a disability, working for Daimler Chrysler at

its Auburn Hills, Michigan Technical Center, because of her disability (hearing and vision

impairments).

IURISDICTION AND VENUE

1. Jurisdiction of this Court is invoked pursuantto 28 U.S.c. §§ 451, 1331, 1337,

1343 and 1345. This action is authorized and instituted pursuant to Section 107(a) of the

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. Americans With Disabilities Act of 1990 ("ADA"), 42 U.S.c. § 12117(a), which incorporates by reference Sections 706(f)(1) and (3) ofTitie VII of the Civil Rights Act of 1964 ("Title VII"), 42 U.S.C. §§ 2000e-S(f)(1) and (3), and pursuantto Section 102 of the Civil Rights Act of 1991, as amended, 42 U.S.c. Section 1981 (a). 2. The employment practices hereafter alleged to be unlawful were committed in the Eastern District of Mi!=higan, Southern Division. PARTIES 3. The Plaintiff, 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 Sections 706(f)(1) and (3) of Title VII, 42 U.S.c. § 2000e-S(f)(1) and (3). 4. At all relevant times, Defendant UAW was doing business in the State of Michigan and the City of Detroit, Michigan, and has continuously had at least fifteen (15) employees. 5. At all relevant times, the UAW was continuously engaged in an industry affecting commerce within the meaning of Section 101 (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 Section 701 (g) and (h) of Title VII, 42 U.S.c. § 2000e(g) and (h). 6. At all relevant times, the UAW was a covered entity under Section 101 (2) ofthe ADA,42 U.S.c. § 12111 (2). STATEMENT OF CLAIMS 2

7. More than thirty (30) days prior to the institution of this lawsuit, Snook file? a charge with the Commission alleging violations of Title I of the ADA by the UAW. All conditions precedent to the institution of this lawsuit have been fulfilled.
8. . Beginning in October 1998, Defendant UAWengaged in unlawful employment practices in violation of the ADA Sections 102(a), 102 (b)(S)(A) and 102(b)(S)(B), 42 U.S.c. §§ 12112(a), 12112(b)(S)(A) and 12112(b)(S)(B), at the Daimler Chrysler Auburn Hills, Michigan Technical Center. Defendant's practices include, but are not limited to, failing to reasonably accommodate Snook by agreeing to allow her a modified shift start time and by failing to provide her with interpreters for UAW meetings and training sessions.
9. Snook is a qualified individual with a disability who was able to perform the essential functions of her position with or without a reasonable accommodation.
10. The effect of the above-mentioned unlawful employment practices have been to deprive Snook of equal employment opportunities because of her disability.
11. The above-mentioned unlawful employment practices were intentional. 12. The effect of the above mentioned unlawful employment practices have been to cause Snook to suffer a loss of enjoyment of life. 13. The unlawful employment practices complained of above were committed with malice and a reckless indifference to Snook's federally protected rights.
PRAYER FOR RELIEF WHEREFORE, the Commission respectfully requests that this Court: A. GRANT a permanent injunction enjoining Defendant UAW, its officers, successors, assigns and all persons in active concert or participation with it, from engaging in
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any ~nlawful employment practice which discriminates on the basis of disability;
B. ORDER Defendant UAW to institute and carry out policies, practices, and programs which provide equal employment opportunities for individuals with disabilities, and which eradicate the effects of its past and present unlawful employment practices;
C. ORDER Defendant UAW to provide training to its employees and members
regarding disability discrimination and the ADA's requirement to provide a reasonable accommodation to disabled employees;
D. ORDER Defendant UAW to make whole Snook by providing her with appropriate lost earnings, benefits and reimbursement for her out of pocket losses, with prejudgment interest, in amounts to be proven at trial, and other affirmative relief necessary to eradicate the effects of its unlawful employment practices;
E. ORDER Defendant UAW to make whole Snook by providing compensation for past and future nonpecuniary losses resulting from the unlawful practices complained of in paragraphs 8 through 11 above, in amounts to be proven at trial.
F. ORDER Defendant UAW to pay Snook punitive damages for the malicious or reckless conduct described in paragraphs 8 through 11 above, in amounts to be proven at trial.
G. GRANT the Commission its costs in this action; and H. GRANT such further relief as the Court deems necessary and proper.
Respectfully submitted, ERIC S. DREIBAND General Counsel
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• .. .

JAMES L. LEE Deputy General Counsel
GWENDOLYN YOUNG REAMS Associate General Counsel
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Regional Attorney
ROBERT DAWKINS (P38289) Supervisory Trial Attorney
TAMMY KLEIN (P60256) Trial Attorney
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 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

OCT - 6 2003

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JFFICE

U,·'..i . '.."'!c.;..·.. ,: "'("I leT COURT

!':,\::TERN MICHIGAN

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,

03-73821¥

Plaintiff,

Case No.: 03-;>(XXXX

.

, G~CRGE CAR-All1l STSEI,j

v.

Honorable

UNITED AUTO WORKERS INTERNATIONAL UNION (UAW),
Defendant. ______________________________________~I

tvlAGISTRATE JUDGE DOI~ALD A. 8CHEEli

ADELE RAPPORT (P44833) ROBERT DAWKINS (P38289) TAMMY KLEIN (P60256) Equal Employment Opportunity Commission 477 Michigan Ave., Room 865 Detroit, Michigan 48226 (313) 226-5673

CONNYE HARPER (P26448) UAW - International Union 8000 E. Jefferson Avenue Detroit, Michigan 48214 (313) 926-5216

CONSENT DECREE On September 29,2003, this matter was commenced by the United States Equal Employment Opportunity Commission, (the "Commission") against the United Auto Workers ("UAW") on behalf of Charging Party, Jill Sturm ("Charging Party" or "Sturm"). The Commission's Complaint alleged that Sturm was denied the reasonable accommodation of a sign language interpreter for union functions. The Commission's Complaint further alleged that Sturm was denied a modified start time necessary to accommodate her disabilities (vision and hearing impairments).

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FINAl. DISPOSITION 1. Through this Consent Decree, ("Decrce) Plaintiff, the Commission, on behalf of Jill Sturm, Defendant United Auto Workers ("UAW") desire to forever resolve all issues raised, presented, or joined in Civil Aetion Number 03-XXXXX without the burden, expense and potential delay of further litigation, 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 Statcs 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. At all relevant times, Defendant UAW has been a covered entity under Section 101(2) of the ADA, 42 U.S.C. § 12111(2). 4. Pursuant to the ADA, the Parties acknowledge the jurisdiction of the United States District Court for the Eastern District of Michigan (Southern 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 of this Decree and proceedings related to this Decree only, Defendant agrees that all statutory conditions precedent to the institution of this lawsuit have been fulfilled.
NON-MONETARY RELIEF 8. The UAW agrees that it will provide Sturm with the use of a sign language interpreter for any and all meetings, that other union members are invited to attend. In addition, the UAW
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agrees to engage in the interaetive proccss with Sturm should she need additional accommodations, such as modified start time, in the future.
NON-DISCRIMINATION 9. The United Auto Workers ("UAW") its officers, agents, employees, successors, assigns and all persons in active concert of participation with it, shall comply with the ADA and agrees to not discriminate against any employee or union member with a disability. The UAW also agree to engage in the interactive process with disabled employees who request an accommodation. The UAW furtber agrees to accommodate cmployees and union members as required by the ADA.
NON-RETALIATION 10. The UAW, through its directors, officers, agents, successors, assigns, employees and members, will not retaliate against any person known to them who participated or cooperated in the investigation and prosecution by the EEOC of Charge Number 230-AI-0669 filed under the Americans with Disabilities Act.
DISPUTE RESOLUTION AND COMPLIANCE 11. 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 Decree. 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.
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POSTING OF NOTICE 12. The UAW agrees to post a mutually agreeable notification, attached as Attachment A, in at least one (1) conspicuous place at its Detroit, Michigan facility, which sets forth employees' 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 bccome defaced, marred or otherwise made unreadable, the UAW agrees to post a readable copy of this Notice in the same manner heretofore specified as soon as practical thereafter.
NON-ADMISSION OF LIABILITY 13. The UAW has denied all allegations set forth in Civil Action 03-XXXXX, along with any and all inferences of wrongdoing, and neither its consent to the entry of this Decree, nor (my of the terms or conditions set 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, and the UAW expressly denies any wrongdoings.
ALLOCATION OF COST 14. The Parties agree to pay their respective costs and attorneys fees associated with the drafting and enforcement of this Decree.
SEV~RABILITY CLAUSE 15. 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 16. The UAW shall provide training to its Union Representatives, Stewards and
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Committeemen on the ADA and its requirement to provide disabled individuals with reasonable accommodations so long as it is not an undue hardship to the UAWand the Company involved. A copy of the training materials shall be sent to Adele Rapport, Regional Attorney, Equal Employment Opportunity Commission, 477 Michigan Avenue, Room 865, Detroit, Michigan 48226, at least thirty (30) days prior to the training session. In addition, within fifteen (15) days after the training, the UAW shall provide a written record of each attendee, along with the namc of the individual who performed the training.

ENTIRE AGREEMENT 17. This Decree constitutes the entire agreement and commitments of the Parties. Any modifications to this agreement must be mutually agreed upon in writing and signcd by the Parties hereto.
DURATION 18. This Decree shall remain in effect for three (3) years from its entry with the Court.
Respectfully submitted,

ADELE RAPPORT ( 44833) ROBERT DAWKINS (P38289) TAMMY KLEIN (P60256) Equal Employment Opportunity Commission 477 Michigan Ave., Room 865 Detroit, Michigan 48226 (313) 226-5673

CONNYE HARPER (P26448) UAW - International Union 8000 E. Jefferson Avenue Detroit, Michigan 48214 (313) 926-5216

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IT IS SO ORDE

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DATE

06 OCT 2003

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·Sw[7-200,l OI.:44pm From-EEOC DETROIT DISTRICT OFC

III m 6584

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ATTACHMENT A

NOTICE

T-5l6 P,002/D02 F-5l1

This notice is being posted to infonn you of your rights guaranteed by federal law under the Americans with Disabilities Act of 1990. as amended. ("ADA"). The ADA prohibits discrimination against any employee on the basis of disability. including any tenns or conditions of employment. The ADA also prohibits retaliation against employees who engage in protected activity. which includes filing charges of discrimination with the United States Equal Employment OpportUnity Commission ("EEOC") or state administrative agencies. participating in the Commission's investigation process, or otherwise opposing unlawful discrimination.
The United States Equal Employment Opponunity Commission is the federal agency which investigates charges of unlawful employment discrimination and, if necessary. brings lawsuits in federal coun to enforce the provisions of Title VIT. Any employee who believes that he or she is the victim of discrimination or retaliation may file a charge of discrimination with the U.S. Equal Employment OPPOrtunity Commission.
THE UAW supports and will comply with this federal law in all respects, and will not take any action against any employee because of the exercise of rights under these laws.

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

https://ecf.mied.uscourts.gov/cgi-bin/DktRpt.pl?625597122823157-L_3...

U.S. District Court Eastern District of Michigan (Detroit) CIVIL DOCKET FOR CASE #: 2:03-cv-73821-GCS

CLOSED, DAS

EEOC v. UAW Intl U Assigned to: Judge George Caram Steeh Demand: $0
Plaintiff Equal Employment Opportunity Commission

Date Filed: 09/29/2003 Date Terminated: 10/06/2003 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff
represented by Adele Rapport Equal Employment Opportunity Commission 477 Michigan Avenue Room 865 Detroit, MI 48226 313-226-5670 Email: Adele.Rapport@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED
Robert K. Dawkins Equal Employment Opportunities Commission 477 Michigan Avenue Suite 865 Detroit, MI 48226 313-226-4600 Fax: 313-226-2778 Email: robert.dawkins@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED
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

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

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V.
Defendant United Auto Workers International Union

Date Filed 09/29/2003 10/06/2003

#

Docket Text

1 COMPLAINT filed with jury demand - Receipt # USA - Date Fee Received: 9/29/03 (lg) (Entered: 10/01/2003)
2 CONSENT decree entered by Judge George C. Steeh with attachment [EOD Date: 10/8/03] (LS) (Entered: 10/08/2003)

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