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

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff,
v.
SEARS ROEBUCK AND CO. Defendant.

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cAs€~THUR J. TARNOVV

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COMPLAINT

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AND .JURY TRIAL DEMAND

))'MAGTS'T'RA'T'E. roDGE cARLSON"

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NATURE OF THE ACTION

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This is an action under Title I of the Americans With Disabilities Acte(~..2P an'!litle J..a.I:-

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the Civil Rights Act of1991, to corrcct unlawful employment practices on the §iill{Q'fdis:ij3iIity ~nc!

to make whole Gerald Zuehlke ("Zuehlkc").

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The Equal Employment Opportunity Commission alleges that Defendant, Scars RoCJ)uckand

Co. ("Scars") violated the Americans with Disabilities Act by failing to reasonably accommodate

Zuehlke, a qualified individual with a disability, as a Commission Salesperson at its Port Huron,

Michigan establishment because of his disability.

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 107(a) ofthe Americans With

Disabilities Act of 1990 ("ADA"), 42 U.S.C. § 12117(a), which incorporates by reference Sections

706(1)(1) and (3) ofTitle VII of the Civil Rights Act of 1964 ("Title VII"), 42 U.S.C. §§ 2000e-

5(1)(1) and (3), and pursuant to Section 102 of tile Civil Rights Act of 1991, as amended, 42 U.S.C.

Section 1981 (A).

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2. The employment practices hereafter alleged to be unlawful were committed in the Eastem District of Michigan, Southem 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 ofTitle I ofthe ADA and is expressly authorized to bring this action by Section 107(a) ofthe ADA, 42 U.S.C. § 12117(a), which incorporates by reference Sections 706(1)(1) ofTitle VII, 42 U.S.C. § 2000e-5(1)(1) and (3). 4. At all relevant times, Defendant Scars was doing business in the State of Michigan and the City of Port Huron, and continuously had at least fifteen (15) employees. 5. At all relevant times, Defendant Scars 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, Defendant Scars was 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, Zuehlke filed a charge with the Commission alleging violations of Title I of the ADA by Defendant Scars. All conditions precedent to the institution of this lawsuit have been fulfilled. 8. Beginning in October 1998, Defendant Scars engaged in unlawful employment practices in violation of the ADA Sections 102(a), 102(b)(5)(A) and 102(b)(5)(B), 42 U.S.C. §§ 12112(a), 12112(b)(5)(A) and 12112(b)(5)(B), at its Port Huron, Michigan facility. The Defendant's
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unlawful practices include, but are not limited to, failing to reasonably accommodate Zuehlke as a Commission Salesperson because of his disability, and harassing Zuehlke because of his disability.
9. Zuehlke is a qualified individual with a disability who was able to perform the essential functions of his position with or without reasonable accommodation.
10. The effect of the above-mentioned, unlawful employment practices has been to deprive Zuehlke of equal employment opportunities because of his disability.
11. The above-mentioned, unlawful employment practices were intentional. PRAYER FOR RELIEF
WHEREFORE, the Commission respectfully requests that this Court: A. Grant a pemlanent injunction enjoining the Defendant Employer, its officers, successors, assigns and all persons in active concert or participation with it, from engaging in any unlawful employment practice which discriminates on the basis of disability; B. Order the Defendant Employer 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 the Defendant Employer to provide training to its management employees regarding disability harassment and the ADA's requirement to provide a reasonable accommodation to disabled employees; D. Order the Defendant Employer to make whole Zuehlke by providing him with appropriate lost earnings and benefits, with pre-judgment interest, in amounts to be proven at trial, and other affirmative relief necessary (0 eradicate the effects ofits unlawful employment practices; E. Order Defendant Employer to make whole Zuehlke by providing compensation for past and future nonpecuniary losses resulting from the unlawful practices complained ofin paragraph
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8 above in amounts to be proven at trial. F. Grant the Commission its costs in this action; and
G. Grant such further relief as the Court deems necessary and proper.
Respectfully submitted,
NICHOLAS M. INZEO Acting Deputy General Counsel
Equal Employment Opportunity Commission 1801 1. Street, N.W. Washington, D.C. 20507

DATE

Regional Attorney
STANLEY PITTS (P33519) Supervisory Trial Attorney
OMAR WEAVER (P58861) Trial Attorney
DETROIT DISTRICT OFFICE Patrick V. McNamara Building 477 Michigan Ave., Room 865 Detroit, Michigan 48226 (313) 226-6701

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

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EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff,

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CLERK'S OfFICE 'I S DISTRICT COURT
Case No.: 02_7122'"'?..ASTERN MICHIGAN
Hon. Arthur J. Tarnow

SEARS ROEBUCK AND CO.,

Defendant.
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ADELE RAPPORT (P44833) Regional Attorney
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Attorneys for Plaintiff 477 Michigan Ave., Room 865 Detroit, MI. 48226 (313) 226-6701
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JOHN P. BURKE Attorney for Defendant Scars, Roebuck and Company 3333 Beverly Rd., B6-362A Hoffinan Estates, IL 60179 (847) 286-4501

STrPULATION AND ORDER OF DISMISSAL

Plaintiff, Equal Employment Opportunity Commission, and Defendant, Scars Roebuck and Co.,

by their attorneys ofrccord, and pursuant to a written Settlement Agreement, the terms of which

arc incorporatcd by this refcrence into the order of dismissal, executed by the parties and

attached as Exhibit A to this order, stipulate and agree that the above-captioned case be

dismissed with prejUdice subject to reinstatement in the event Defendant docs not comply with

the terms of the Settlement Agreement and enforcement proceedings by the Commission

becomes necessary for compliance with the Settlement Agreement. The dismissal shall require

each party to bear its own costs and the Court shall retain jurisdiction in order to enforce the

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Settlement Agreement.
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
n",d, !f/llo7..- By, ~ ~
Adele Rapport (P448 ) Regional Attorney 477 Michigan Ave., Room 865 Detroit, MI 48226

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SEARS, ROEBUCK AND COMPANY

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JOhnfBUrke Attorney for Defendant Scars, Roebuck and Company 3333 Beverly Rd., B6-362A Hoffman Estates, IL 60179

IT IS SO ORDERED:
DATE: •AhP~ () 2 'Jnnr) -to.

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

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff,
v.
SEARS, ROEBUCK AND CO. Defendant.
--------------------~/

Case No.: ~225 Honorable Arthur J. Tarnow

SETTLEMENT AGREEMENT WHEREAS, this matter was instituted by the Equal Employment Opportunity Commission("EEOC" or the "Commission"), on behalf ofthe Charging Party, Gerald Zuehlke ("Charging Party" or "Zuehlke"), under federal law, particularly, the Americans with Disabilities Act, 42 U.S.C. § 12101 et. seq. ("ADA") alleging that Scars, Roebuck and Co. ("Scars") failed to accommodate Gerald Zuehlke; WllEREAS, the Commission, on behalf of Gerald Zuehlke, and Scars desire to forever resolve all issues raised, presented, or joined in EEOC Case Number 01-71225 without the burden, expense and potential delay of further litigation, including potential appeal, of all issues and related or potential issues and intend to be bound by the promises made herein; WHEREAS, the parties acknowledge that the Court has subject matter jurisdiction and personal jurisdiction with regard to the captioned litigation and the parties thereto; WHEREAS, Scars denies all the allegations in the Complaint, including any allegation that it discriminated against or failed to accommodate Gerald Zuehlke; and

WHEREAS, the parties stipulate and agree that the EEOC is the agency ofthe United

States government authorized to investigate allegations of unlawful employment discrimination,

to bring civil actions to prohibit unlawful employment practices, and to seck relief for

individuals affected by the practices complained of in the Complaint which commenced this

action; and

WHEREAS, the Court having reviewed the pleadings, the statements and representations,

of counsel, also finds that the purposes, provisions and protections oflaw will be promoted and

effectuated by entry of this Settlement Agreement.

WHEREAS, it is now AGREED as follows:

1.

FINAL DISPOSITION

This Settlement Agreement ("Settlement") forever and absolutely resolves all matters,

claims and issues for relief of any kind and nature relating to the Charge of Discrimination filed

by Gerald Zuehlke and being Charge No. 230-99- J596 and all claims arising out of, joined with

or issues raised by the Complaint in the above captioned case as between the parties to this

lawsuit and their privies.

AFFIRMATIVE RELIEF

2. Scars agrees to pay Zuehlke monetary relief in the amount of five thousand dollars

($5,000.00) within ten (10) days of acceptance and signing of this Settlement and receipt ofa

mutually agreeable release executed by Zuehlke. The funds arc to be paid directly to Zuehlke,

with a copy ofthe check sent to Adele Rapport, Regional Attorney, Equal Employment

Opportunity Commission, 477 Michigan Avenue, Room 865, Detroit, Michigan 48226.

NON-DISCRJMJNA TJON

3. Scars, its officers, agents, employees, successors, assigns and all persons in active concert

of participation with it, shall comply with the provisions of the American with Disabilities Act. NON-RETALIATION
4. Scars, through its directors, officers, agents, successors, assigns and employees, will not retaliate against any person known to them who participated or cooperated in the investigation and the prosecution by the EEOC of Charge Number 230-99-1596 filed under the American with Disabilities Act.
TRAINING 5. Within six (6) months of the signing and entry ofthis Agreement, Scars shall provide ADA reasonable accommodation training to the supervisors and managers in the Port Huron Scars store as well as individuals who review and! or approve accommodation requests. Scars shall submit a statement to the EEOC indicating that it provided such training and a list of the individuals who attended the training.
DISPUTE RESOLUTION AND COMPLIANCE 6. In the event of any dispute concerning the terms of, or compliance with this Settlement Agreement, the parties agree that this Court will have jurisdiction over the parties and 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 Settlement. 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 NOTICE 7. Scars will continue to post the attached notice in at least one (1) conspicuous place at its Port Huron Facility, which sets forth employee's rights regarding the federal anti-discrimination

laws. This notice shall be posted for one (I) year. Should any posted copies of the notice become defaced, marred or othcrwise made unreadable, Sears agrees to post a readable copy of this notice in the same manner heretofore specified as soon as practical thereafter. In addition, Scars warrants that it will continue to post all employment discrimination notices as required by applicable law at all times.
NON-ADMISSION OF LIABILITY 8. Scars has denied all allegations set forth in the Complaint filed by the EEOC along with any and all inferences of wrongdoing, and neither its consent to the entry of this Settlement Agreement, nor any 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 offederallaw, which Scars expressly denies.
ALLOCATION OF COST 9. The Parties agree to pay their respective costs and attorneys fees associated with the drafting and enforcement of this Settlement Agreement.
DURATION OF AGREEMENT 10. This Settlement Agreement shall remain in effect for one (I) year from the date it is entered.
SEVERABILITY CLAUSE 11. If any provision of this Settlement 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 and effect.
ENTrRE AGREEMENT 12. This Settlement constitutes the entire agreement and commitments of the parties. Any modifications to this agreement must be mutually agreed upon in writing and signed by the parties hereto.

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

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477 Michigan Ave., Room 865

Detroit, Michigan 48226

(313) 226-6701

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SEARS, ROEBUCK AND CO.

::STEVEN ST ELITZ
3333 Beverly Rd., B6-362A
Hoffman Estates, Illinois 60179 (847) 286-4501

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ATTACHMENT A
NOTICE This notict: is bt:ing postt:d to inform you of your rights guarantt:t:d by kdt:ral law undt:r Tht: Amt:ricans with Disabilitit:s Act. 42 U.S.C. §12!O1 t:t st:q .. which prohibits discrimination against any individual because of their disability. In addition. it requires accommodations of individuals with disabilities and prohibits harassment in the workplace based on disability. The United States Equal Employment Opportunity Commission is tht: federal agency which investigates charges of unlawful employment discrimination and. if necessary. brings lawsuits in federal court to enforce the provisions of the ADA. Any employee who bdit:ves that helshe is the victim of disability discrimination has the legal right to tile a charge of discrimination with the Equal Employment Opportunity Commission. St:ars Roebuck and Co. suppOrts and will comply with this federal law in all respects. Sears will not take any action against any employees because they have exercised their rights under the ADA by complaining about disability discrimination and will not take any action against any t:mployees because they have exercised their rights under the Americans with Disabilities Act .
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 CM/ECF - U.S. District Court:mied - Docket Report

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U.S. District Court Eastern District of Michigan (Detroit) CIVIL DOCKET FOR CASE #: 2:02-cv-71225-AJT

CLOSED, TAC

EEOC v. Sears Roebuck Co Assigned to: Judge Arthur J Tarnow Demand: $0
Plaintiff Equal Employment Opportunity Commission
V. Defendant Sears, Roebuck and Company

Date Filed: 03/29/2002 Date Terminated: 04/02/2002 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

Date Filed 03/29/2002 04/02/2002 04/02/2002

#

Docket Text

1 COMPLAINT with jury demand - Receipt # USA - Date Fee Received: 3/29/02 (lh) (Entered: 04/02/2002)

2 ORDER by Judge Arthur J. Tarnow with stipulation dismissing the case [EOD Date: 4/5/02] (lh) (Entered: 04/05/2002)

3 SETTLEMENT agreement with attachment "A" [EOD Date: 4/5/02] (lh) (Entered: 04/05/2002)

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