UNITED STATES DISTRICT COURT" EASTERN DISTRICT OF WISCONSIN

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff,

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29 :19

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Civil Action No.

HOME DEPOT, U.S.A., INC., Defendant.

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COMPLAINT

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Jury Tria! 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 of the Civil Rights Act of 1991, 42 U.S.C. § 1981a to

correct unlawful employment practices based on retaliation and gender and to make whole Renee

Stachura, who has been aggrieved by those unlawful employment practices. Home Depot, U.S.A.,

Inc. discriminated against Stachura when it terminated her employment as an RTV clerk on

account of her sex, female, and in retaliation for her opposition to unlawful employment practices,

including but not limited to, sexual and racial harassment.

JURISDICTION AND VENUE

I. Jurisdiction of the Court is invoked pursuant to 28 U.S.C. §§ 451,1331, 1337,

and 1345. This action is authorized and instituted pursuant to Section 706 (f) (1) and (3) of Title

VII, 42 U.S.C. §2000e-5 (f) (1) and (3), and Section 102 of the Civil Rights Act of 1991, 42

U.S.C. § 1981a.

2. The employment practices hereafter alleged to be unlawful were committed

within the jurisdiction of the Eastern District of Wisconsin. PARTIES

3. Plaintiff Equal Employment Opportunity Commission ("EEOC" or "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 (f) (1) of Title VII, 42 U.S.C. §2000e-5 (f) (1). 4. At all reIevant times, Defendant Home Depot, has operated stores in Wisconsin, including one located in Waukesha, Wisconsin, and has been continuously engaged in the business of retail sales of building materials and home improvement products, and has continuously had and does now have at least fifteen (15) employees. 5. At all relevant times, Defendant has continuously been and is now 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 thirty (30) days prior to the institution of this lawsuit, the Commission received this charge for a substantial weight review from the Wisconsin Department of Workforce Development-Equal Rights Division, where it was dually filed with the Commission in accordance with the provisions of the Worksharing Agreement between the Commission and the Equal Rights Division. The charge, filed by Renee Stachura, alleged that Defendant terminated her on account of her sex, female, and in retaliation for opposition to discriminatory practices, including, but not limited to sexual and racial harassment. All conditions precedent to the institution of this lawsuit have been fulfilled. 7. Since at least May 2001, and continuing, Defendant has engaged in unlawful employment practices, in violation of Sections 703 (a) and 704(a) of Title VII, 42 U.S..C.§§2000e-2(a) and 2000e-3(a). These practices include, terminating Stachura on account of her sex, female, and for opposing discriminatory practices, including, but not limited to, sexual and racial harassment. The termination occurred without Stachura having an opportunity to address the aIlegations against her
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unlike similarly situated males. 8. The effect of the practices complained of above has been to deprive Stachura of equal employment opportunities in violation of Sections 703(a) and 704(a) of Title VII, 42 U. S. C. §§ 2000e-2 and 2000e-3. 9. The unlawful employment practices complained of above in Paragraphs 7 were intentional. 10. The unlawful employment practices complained of above in Paragraphs 7 were done with malice and/or reckless indifference to the federally protected rights of Stachura.
Prayer for Relief WHEREFORE, the Commission respectfully prays that this Court: 1. Grant a permanent injunction enjoining Home Depot its officers, successors, assigns, and all persons in active concert or participation with it, from engaging in any employment practice which constitutes discrimination on the basis of sex, and retaliation against employees for activity protected by Title VII; 2. Order Defendant to institute and carry out policies, practices, and programs which eradicate the effects of its past and present unlawful employment practice; 3. Order Defendant to make whole Renee Stachura by providing appropriate back pay plus prejudgment 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, rightful place reinstatement; 4. Order Defendant to make whole Renee Stachura by providing compensation for pecuniary losses, including reasonable expense for job searches; 5. Order Defendant to maker whole Renee Stachura by providing compensation for non-pecuniary losses, including emotional pain and suffering; 6. Order Defendant to pay Renee Stachura punitive damages for its malicious and/or
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reckless conduct, in an amount to be determined at trial; 7. Grant such further relief as the Court deems necessary and proper; and 8. Grant the Commission its costs in this action. JURY TRIAL DEMAND The EEOC requests a jury trial on all questions of fact raised by its complaint. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Eric S. Dreiband General Counsel James L. Lee Deputy GeneraI Counsel Gwendolyn Young Reams Associate General Counsel I801 L Street NW Washington, D.C. 20507
Dated: January ~, 2004
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Milwaukee District Office 3 I0 West Wisconsin Avenue - Suite 800 Milwaukee, WI 53203-2292 (414) 297-3465
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U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

Milwaukee District Office

~1o w~t wis~o~in Ave., Suite ~
Milwaukee, WI 53203-2292
PH: (414) 297-1111 TDD: (414) 297-1115 FAX: (414) 297-4133/3146

Regional Attorney Jean Kamp
Supervisory Trial Attorney Rosemary Fox

Senior Trial Attorneys Laurie A. Vasichek
Dennis R. McBride Brian C. Tyndall Tina Burnside Robert F. Tomlinson
Deborah L Powers

Writer’s Direct Dial (414) 297-4187
Fax: (414) 297-3146
January 29, 2004
Clerk of Court United States District Court Eastern District of Wisconsin 517 E. Wisconsin Avenue Milwaukee, WI 53202
RE: EEOC v. Home Depgt, U.S.A., Inc.
Dear Sir or Madam:
Enclosed are an original and two copies of our Complaint, Civil Action Cover Sheet, Notice of Lawsuit and two Waivers of Service, to commence the filing of a lawsuit by the Equal Employment Opportunity Commission against the defendants. Please file the original and return a stamped copy to the messenger.
Thank you for your consideration.

Enclosures

 
 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF WISCONSIN

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff,
RENEE STACHURA,
Plaintiff-Intervenor v. HOME DEPOT, U.S.A., INC.
Defendant.

) ) ) ) ) Case No. 04-C-0102 ) ) CONSENT DECREE ) ) ) ) ) )

This suit was filed by the Equal Employment Opportunity Commission (“Commission”) on

January 29, 2004 pursuant to Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e

et seq. (“Title VII”), Title I of the Civil Rights Act of 1991, and 42 U.S.C. § 1981a. The Commission

alleged that Home Depot, U.S.A., Inc. (“Home Depot”) discriminated against Renee Stachura when it

terminated her employment as an RTV clerk on account of her sex, female, and in retaliation for her

opposition to unlawful employment practices, specifically racial harassment. Home Depot answered the

Complaint and denied liability and specifically denied engaging in any discriminatory or retaliatory

employment practices.

The Commission, Plaintiff-Intervenor and Defendant, (the "parties") desire to resolve the action

without the time and expense of continued litigation, and they desire to formulate a plan to be embodied

in a Decree which will promote and effectuate the purposes of Title VII.

This Decree shall not constitute an adjudication on the merits of the Commission's and Plaintiff-

Intervenor's claims and shall not be construed as an admission by Defendant of any discriminatory

practice or act. The Court has examined this Decree and finds that it is reasonable and just and in

233171.1

accordance with the Federal Rules of Civil Procedure and Title VII. Therefore, upon due consideration

of the record herein and being fully advised in the premises, it is ORDERED, ADJUDGED AND

DECREED:

1. This Court has jurisdiction over the subject matter of this action and over the parties for purposes

of entering and enforcing this Decree.

2. The terms of this Decree are adequate, fair, reasonable, equitable and just.

3. This 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 Decree will further the objectives of Title

VII, Title I of the Civil Rights Act of 1991, and 42 U.S.C. § 1981a and will be in the best

interests of the parties, those for whom EEOC seeks relief, and the public.

4. This case was resolved by a mutually-agreeable settlement, to avoid the time, cost, and

uncertainty associated with further contesting this matter. Defendant and its agents and

employees do not admit to any wrongdoing.

5. This Decree resolves all claims against defendant arising out of the Charge of Discrimination

filed by Renee Stachura, EEOC Charge No. 26GA11623, and the Commission’s complaint filed

in the Eastern District of Wisconsin, Case No. 04-C-0102.

INJUNCTIVE RELIEF

1. Injunction.

Home Depot, its officers, agents, employees, successors, and all persons in active concert or

participation with it shall be and are hereby enjoined from discriminating against on the basis of gender,

or retaliating against, any individual employed at Store Number 4918 (Waukesha, Wisconsin) in

violation of Title VII, Title I of the Civil Rights Act of 1991, or 42 U.S.C. § 1981a, for a period of one

year.

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2. Training.

Home Depot shall provide the training described below to the employees specified once during

2005 and shall provide the EEOC’s Milwaukee District Office with a list of those trained and the date

and description of the training provided.

A. Managers and supervisors at Store Numbers 4918 (Waukesha, Wisconsin) and 4928 (E.

Appleton, Wisconsin) responsible for investigation of discrimination complaints,

including harassment, shall be trained in the basic techniques of complaint investigation:

interviewing, assessing credibility, and determining who is an appropriate subject for an

interview, including allowing a person accused of a violation to give his/her version of

events prior to making a disciplinary decision.

B. In addition, all employees at Store Number 4918 (Waukesha) who have not previously

received Title VII training, shall be trained in regard to the prohibitions against

discrimination in Title VII, Title I of the Civil Rights Act of 1991, and 42 U.S.C. § 1981a,

including training on harassment on any protected basis and retaliation. In addition, all

employees in the Waukesha store shall be given an “update” or “reminder” training on

Title VII once during 2005.

3. Posting.

Home Depot shall place a public notice, in a conspicuous place, at its Waukesha store/offices,

for a period of six months from the date of entry of this Consent Decree and Order. The notice shall be

in the form attached hereto as Exhibit A and captioned “Notice To All Employees.” Home Depot shall

provide the Commission’s Milwaukee District Office with proof of compliance with this provision.

4. References to Ms. Stachura by Defendant.

To obtain a job reference, Ms. Stachura will refer any requests to Home Depot's employment

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verification hot line (1-900-555-WORK or 1-900-555-9675) and will provide Home Depot's company

code for this hotline. All such calls will be responded to with a neutral reference consisting solely of

information regarding the dates of employment and positions held. In addition, Home Depot agrees to

remove any reference to Ms. Stachura’s termination and the reason(s) for it from her personnel file, and

Ms. Stachura will be permitted to have placed in her file a letter of resignation. These file changes will

be accomplished through Ms. Stachura's and Home Depot's attorneys.

5. Reporting.

At the six-month anniversary and twelve-month anniversary of the entry of this Consent Decree

and Order, Home Depot shall report in writing to one of the undersigned counsel for the Commission

the name, address, phone number, and job title of each employee who makes an internal complaint of

alleged sex discrimination or retaliation under Title VII to a Human Resources Manager, Store Manager,

or Assistant Store Manager at Store Number 4918 (Waukesha). Home Depot will also provide a general

description of the nature of the complaint (e.g., “inappropriate comment regarding gender”) and the

disposition of the matter (e.g., “written warning issued”). Home Depot shall also maintain documents

related to such complaint(s) pursuant to 29 C.F.R. §1602.14.

MONETARY RELIEF

6. Home Depot, agrees, within 15 days of signature of this Consent Decree and Order by the Court

and upon Ms. Stachura's execution of a release of all claims, to pay Ms. Stachura $16,000.00, less

appropriate tax withdrawals and deductions. Home Depot further agrees to pay Ms. Stachura

$58,000.00 for all other forms of alleged damages, including emotional distress, medical damages and

reputation damages, and to pay her attorney, Curry First, $26,000.00 for plaintiff-intervenor’s reasonable

attorney’s fees, costs, and other litigation expenses. Home Depot shall mail the payments to Ms.

Stachura and Mr. First’s firm c/o Attorney Curry First, First, Blondis, Albrecht & Novotnak, S.C.,

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233171.1

Broadway Theatre Center, 158 North Broadway, Suite 600, Milwaukee, Wisconsin 53202, and shall simultaneously provide a copy of the payment check(s) to the undersigned counsel for the Commission. The Commission and Defendant shall bear their own costs and attorneys fees. 7. The Court retains jurisdiction of this action for one year after its entry to ensure compliance with this Decree. In all other respects, this action is dismissed with prejudice and the Clerk of the Circuit Court is directed to remove this action from the Court's docket.
SO ORDERED, ADJUDGED AND DECREED this 14th day of February, 2005.

s/ Rudolph T. Randa Hon. Rudolph T. Randa Chief Judge

Judgment entered this 14th day of February, 2005.
SOFRON B. NEDILSKY Clerk of Court

by: s/ Linda M. Zik Deputy Clerk

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
s/Jean P. Kamp Jean P. Kamp Regional Attorney
s/Rosemary J. Fox Rosemary J. Fox, Wisconsin Bar Number 1012729 Supervisory Trial Attorney 310 West Wisconsin Avenue, Suite 800 Milwaukee, Wisconsin 53202 Telephone: (414) 297-4131 Fax: (414) 297-3146
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Date: February 11, 2005 Date: February 11, 2005

233171.1

E-Mail: rosemary.fox@eeoc.gov
HOME DEPOT U.S.A, INC.
s/Craig R. Thorstenson Craig R. Thorstenson, Illinois Bar Number 6198153 Matkov Salzman 55 East Monroe Street, Suite 2900 Chicago, Illinois 60603-5709 Telephone: (312) 332-0777 Fax: (312) 332-6130 E-Mail: THORSTENSON@matkovsalzman.com

Date: February 11, 2005

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Exhibit A
NOTICE TO EMPLOYEES
This Notice is being posted as part of the remedy agreed to pursuant to a Consent Decree between Home Depot U.S.A., Inc. and the Equal Employment Opportunity Commission (EEOC).
Unlawful Discrimination: Under federal law, it is unlawful for an employer to discriminate based on race, color, religion, sex, national origin, age (over 40), or disability. This means that a supervisor or manager cannot make decisions about hiring, promotion, pay, or other conditions of employment, based on race, color, religion, sex, national origin, age (over 40), or disability. This also means that the work environment should be free from harassment or ridicule based on race, color, religion, sex, national origin, age (over 40), or disability.
Unlawful Retaliation: It is also unlawful to discriminate or retaliate against any individual who reports or complains about what he or she reasonably believes to be unlawful discrimination based on race, color, religion, sex, national origin, age (over 40), or disability.
Reporting Improper Conduct: If you are aware of any events, conduct, or information, which you believe may indicate some improper discrimination or harassment, it is very important that you report the information so the necessary steps may be taken to investigate, identify, and promptly remedy any problems. You may report such improper to conduct to any of the following:
Reporting to Home Depot: Within the Home Depot organization, you may make such a report to the Human Resource Manager in your store, or to any member of management. Additionally, you may make such a report through the Home Depot Awareline, by calling 800-286-4909.
Upon receipt of a complaint, Home Depot will carefully investigate the complaint as provided for in the Code of Conduct.
Reporting to the U.S. Equal Employment Opportunity Commission: The EEOC is responsible for enforcing federal laws prohibiting employment discrimination based on race, color, religion, sex, national origin, age (over 40), or disability. You may directly contact the Milwaukee District office of the EEOC, at any of the following numbers:
Telephone: 414.297.1111 TTY: 414.297.1115 Fax: 414.297.4133 Toll Free: 1.800.669.4000
The Milwaukee District office of the EEOC is located at 310 W. Wisconsin Avenue, Suite 800, Milwaukee, Wisconsin 53203.
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Reporting to the Wisconsin Equal Rights Division: The ERD is the state agency responsible for enforcing state laws prohibiting employment discrimination based on race, color, religion, sex, national origin, age (40 or over), or disability. You may directly contact the Wisconsin Equal Rights Division at any of the following numbers:
Telephone: 414.227.4384 Fax: 414.227.4084 The Milwaukee Office of the Wisconsin Equal Rights Division is located at 819 N. 6th Street, #255, Milwaukee, Wisconsin 53203.
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 Eastern District of Wisconsin - Live - Docket Report

https://ecf.wied.uscourts.gov/cgi-bin/DktRpt.pl?305473651209375-L_3...

CLOSED, E-FILE
United States District Court Eastern District of Wisconsin (Milwaukee) CIVIL DOCKET FOR CASE #: 2:04-cv-00102-RTR

Equal Employment Opportunity Commission v. Home Depot USA Inc Assigned to: Chief Judge Rudolph T Randa Cause: 42:2000e Job Discrimination (Employment)

Date Filed: 01/29/2004 Date Terminated: 02/14/2005 Jury Demand: None Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: Federal Question

Plaintiff
Equal Employment Opportunity Commission

represented by Eric S Dreiband United States Equal Employment Opportunity Commission Office of Legal Counsel 1801 L St NW - Rm 6040 Washington, DC 20507 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Gwendolyn Young Reams United States Equal Employment Opportunity Commission Office of Legal Counsel 1801 L St NW - Rm 6040 Washington, DC 20507 202-663-4669 LEAD ATTORNEY ATTORNEY TO BE NOTICED

James L Lee United States Equal Employment Opportunity Commission Office of Legal Counsel 1801 L St NW - Rm 6040 Washington, DC 20507 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Jean P Kamp United States Equal Employment Opportunity Commission Milwaukee District Office 310 W Wisconsin Ave - Ste 800 Milwaukee, WI 53203-2292 414-297-1112 LEAD ATTORNEY

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V. Defendant Home Depot USA Inc

Intervenor Plaintiff Renee Stachura

Date Filed

#

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ATTORNEY TO BE NOTICED
Rosemary J Fox United States Equal Employment Opportunity Commission Milwaukee District Office 310 W Wisconsin Ave - Ste 800 Milwaukee, WI 53203-2292 414-297-4131 Fax: 414-297-3146 Email: rosemary.fox@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Craig R Thorstenson Matkov Salzman Madoff & Gunn 55 E Monroe St - Ste 2900 Chicago, IL 60603-5709 312-332-0777 Fax: 312-332-6130 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Melissa C Mazzeo Matkov Salzman Madoff & Gunn 55 E Monroe St - Ste 2900 Chicago, IL 60603-5709 312-332-0777 Fax: 312-332-6130 Email: mazzeo@matkovsalzman.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Curry First First Blondis Albrecht Bangert & Novotnak 158 N Broadway - Ste 600 Milwaukee, WI 53202-6015 414-271-1972 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Docket Text
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01/29/2004
02/02/2004 04/05/2004 04/05/2004 04/05/2004 04/05/2004 04/05/2004 04/05/2004
04/13/2004 04/13/2004 04/13/2004 04/13/2004
05/14/2004 05/14/2004 05/27/2004
07/07/2004 07/21/2004

1 COMPLAINT (Summons(es) issued) against Home Depot USA Inc. Consent Forms Distributed for Magistrate Judge Goodstein. E-File Notification Distributed. Jury Demand; filed by Equal Employment Opportunity Commission.(jld, ) Attachment(s) added on 4/5/2004 (jld, ).
2 CONSENT to Jurisdiction by US Magistrate Judge by Equal Employment Opportunity Commission (jld, ) (Entered: 02/03/2004)
3 ANSWER, defenses and affirmative defenses to Complaint by Home Depot USA Inc.(jld, ) PDF disk received from filer on 4/9/2004 (jld, ).
4 Notice of filing and CERTIFICATE OF SERVICE by Home Depot USA Inc (jld, ) PDF disk received from filer on 4/9/2004 (jld, ).
5 NOTICE of Appearance by Melissa C Mazzeo, Craig R Thorstenson on behalf of Home Depot USA Inc. (jld, ) PDF disk received from filer on 4/9/2004 (jld, ).
6 CERTIFICATE of Interest by Home Depot USA Inc. (jld, ) PDF disk received from filer on 4/9/2004 (jld, ).
7 REFUSAL of Consent to Jurisdiction by US Magistrate Judge by Home Depot USA Inc (jld, ) PDF disk received from filer on 4/9/2004 (jld, )
8 PDF Document Requirement form sent to Attorneys Craig R. Thorstenson and Melissa C. Mazzeo regarding answer, notice of appearance, notice of filing, certificate of interest, certificate of service and refusal to consent filed on 4/5/04. (jld, )
9 Rule 7.4 expedited non-dispositive MOTION to Intervene by Renee Stachura. (jld, ) Attachment added on 8/18/2004 (jld, ).
10 AFFIDAVIT of Curry First (jld, ) Attachment added on 8/18/2004 (jld, ).
11 CERTIFICATE OF SERVICE by Renee Stachura (jld, ) Attachment added on 8/18/2004 (jld, ).
12 PDF Document Requirement form sent to Attorney Curry First regarding Motion to Intervene, Affidavit of Curry First and Certificate of Service filed on 4/13/04. (jld, )
13 ORDER signed by Judge Rudolph T Randa on May 13, 2004 granting 9 Motion to Intervene. (cc: all counsel; via US Mail to Curry First) (Randa, Rudolph)
Party Renee Stachura rep by Curry First added. (Koll, Jacki)
14 NOTICE of Hearing: Federal Rule of Civil Procedure 16(b) Telephonic Scheduling Conference set for 7/21/2004 09:30 AM before Chief Judge Rudolph T Randa. (cc: all counsel - via US Mail to attorney Curry First)(Zik, Linda)
15 REPORT of Rule 26(f) Plan by all plaintiffs (Fox, Rosemary)
16 Minute Entry for proceedings held before Judge Rudolph T Randa: TelephonicScheduling Conference held on 7/21/2004. Amended Pleadings due by 8/21/2004. Plaintiffs Expert Witness List due by 10/15/2004. Defendants Expert Witness List due by 12/1/2004. Discovery due by 1/14/2005. Dispositive Motions due by 3/4/2005. Telephonic Final Pretrial Conference set for 8/5/2005

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07/21/2004 10/28/2004
11/08/2004
02/11/2005 02/14/2005 02/14/2005

10:00 AM before Chief Judge Rudolph T Randa. 3-4 day Jury Trial set for 8/29/2005 09:00 AM in Courtroom 320 before Chief Judge Rudolph T Randa. (Randa, Rudolph)
17 SCHEDULING ORDER: signed by Judge Rudolph T Randa on 7/21/04. (See Hearing Minutes above) (cc: all counsel) (Randa, Rudolph)
18 MOTION for Protective Order by Home Depot USA Inc. (Attachments: # 1 Text of Proposed Order Agreed Confidentiality Order# 2 Notice of Filing, Cert of Service)(Mazzeo, Melissa)
19 ORDER signed by Judge Rudolph T Randa on November 8, 2004 granting 18 Motion for Agreed Confidentiality Order. (cc: all counsel) (Randa, Rudolph) (Entered: 11/09/2004)
20 MOTION for Settlement Consent Decree by all plaintiffs. (Fox, Rosemary)
21 Docket Annotation; proposed order e-filed rather than attached to motion notification sent to Attorney Rosemary Fox re entry #20. (jld, )
22 CONSENT DECREE signed by Judge Rudolph T. Randa on February 14, 2005; JUDGMENT signed by Deputy Clerk on February 14, 2005. Home Depot agrees to pay Ms. Stachura $100,000.00 (see Order for details.) The Court retains jurisdiction of this action for one year after its entry to ensure compliance with this Decree. In all other respects, this action is dismissed with prejudice and the Clerk of Court is directed to remove this action from the Court's docket. (cc: all counsel; via US Mail to Eric S Dreiband, Gwendolyn Young Reams, James L Lee, Jean P Kamp, Craig R Thorstenson and Curry First)(Randa, Rudolph) (Entered: 02/16/2005)

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 EEOC LITIGATION SETTLEMENT REPORT - February 2005

http://www.eeoc.gov/litigation/settlements/settlement02-05.html

EEOC v. Home Depot, U.S.A., Inc. No. 04-C-0102 (E.D. Wis. February 14, 2005)
The Milwaukee District Office filed this Title VII suit alleging that defendant, a national retailer of building materials and home improvement products, discharged charging party because of her sex and in retaliation for complaints about a coworker's offensive comments. Charging party worked at defendant's Waukesha, Wisconsin store. She reported a coworker who had previously been disciplined for sexual harassment for making inappropriate racial and sexual comments and threatening to get her in trouble if she went to management. Defendant interviewed the coworker, who denied making the comments, and took no further action. A week later, the same coworker complained that charging party had grabbed him and made sexual comments. This time, defendant interviewed two of the coworker's friends, but did not interview charging party or her supporting witness. Defendant discharged charging party 2 weeks later.
Charging party will receive $100,000 in monetary relief under the1-year consent decree resolving the case. Defendant is enjoined for the term of the decree from discriminating based on gender, or retaliating, against employees at the Waukesha, Wisconsin store. Defendant will remove from charging party's personnel file any reference to her termination and the reason(s) for it, and charging party will be permitted to place a letter of resignation in her personnel file.

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