Case 2:06-cv-02670-WJM-MF Document 1 Filed 06/14/2006 Page 1 of 5

UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY

------------------------------------------------------x

EQUAL EMPLOYMENT OPPORTUNITY :

COMMISSION,

:

:

Plaintiff,

:

:

-against-

:

:

WASHINGTON GROUP

:

INTERNATIONAL, INC. and 21st

:

CENTURY RAIL CORP.,

:

:

:

Defendants.

:

----------------------------------------------------------x

Civil Action No. COMPLAINT JURY TRIAL DEMAND

NATURE OF THE ACTION
This is an action under Title VII of the Civil Rights Act of 1964 and Title I of the Civil Rights Act of 1991 to correct unlawful employment practices on the basis of sex, and to provide appropriate relief to Martha Espinal and Keisha Bennett. As alleged with greater specificity below in paragraph seven (7), the Commission charges that Washington Group International, Inc. and 21st Century Rail Corp. (“Defendants”) have engaged in sex discrimination by failing to promote Espinal and Bennett to the position of Transportation Supervisor because of their sex.
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 Sections 706(f)(1) and (3) of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. §§ 2000e-5(f)(1) and (3) (“Title VII”) and Section 102 of the Civil Rights Act of 1991, 42 U.S.C. §1981a.

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2. The alleged unlawful employment practices were committed within the jurisdiction of the United States District Court for the District of New Jersey.
PARTIES 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 Title VII, and is expressly authorized to bring this action by Sections 706(f)(1) and (3) of Title VII, 42 U.S.C. §§ 2000e-5(f)(1) and (3). 4. At all relevant times, Washington Group International, Inc. has continuously been a company doing business in the State of New Jersey and the City of Jersey City, and has continuously had at least fifteen (15) employees. 5. At all relevant times, Washington Group International, Inc. 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, 21st Century Rail Corp. has continuously been a company doing business in the State of New Jersey and the city of Jersey City, and has continuously had at least fifteen (15) employees. 7. At all relevant times, 21st Century Rail Corp. 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).
STATEMENT OF CLAIMS 8. More than thirty (30) days prior to the institution of this lawsuit, Martha Espinal

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and Keisha Bennett filed charges with the Commission alleging violations of Title VII by Defendants. All conditions precedent to the institution of this lawsuit have been fulfilled.
9. Since at least February 20, 2005, Defendants have engaged in unlawful employment practices in violation of Section 703 of Title VII, 42 U.S.C. § 2000e-2. The practices include failing to promote Martha Espinal and Keisha Bennett to the position of Transportation Supervisor because of their sex.
10. The effects of the practices complained of above have been to deprive Martha Espinal and Keisha Bennett of equal employment opportunities and otherwise adversely affect their status as employees because of their sex.
11. The unlawful employment practices complained of above were and are intentional.
12. The unlawful employment practices complained of above were and are done with malice or with reckless indifference to the federally protected rights of Martha Espinal and Keisha Bennett.
PRAYER FOR RELIEF Wherefore, the Commission respectfully requests that this Court: A. Grant a permanent injunction enjoining Defendants, its officers, successors, assigns, and all persons in active concert or participation with them, from engaging in employment practices which discriminate on the basis of sex. B. Order Defendants to institute and carry out policies, practices, and programs which provide equal employment opportunities for women and which eradicate the effects of Defendants’ past and present unlawful employment practices.
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C. Order Defendants to make whole Martha Espinal and Keisha Bennett by providing appropriate backpay with 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, front pay and instatement.
D. Order Defendants to make whole Martha Espinal and Keisha Bennett by providing compensation for past and future pecuniary losses resulting from the unlawful employment practices described above, in amounts to be determined at trial.
E. Order Defendants to make whole Martha Espinal and Keisha Bennett by providing compensation for past and future non-pecuniary losses resulting from the unlawful practices complained of above, including pain, suffering and humiliation, in amounts to be determined at trial.
F. Order Defendants to pay Martha Espinal and Keisha Bennett punitive damages for Defendants’ malicious and reckless conduct described above, in amounts to be determined at trial.
G. Grant such further relief as the Court deems necessary and proper in the public interest.
H. Award the Commission its costs of this action. JURY TRIAL DEMAND
The Commission requests a jury trial on all questions of fact raised by its complaint.
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Respectfully submitted, James L. Lee Deputy General Counsel Gwendolyn Y. Reams Associate General Counsel
s/Elizabeth Grossman____________ Elizabeth Grossman Regional Attorney s/Judy Keenan__________________ Judy Keenan Acting Supervisory Trial Attorney
s/Robert D. Rose________________ Robert D. Rose (RR-9174) Senior Trial Attorney U.S. Equal Employment Opportunity Comm’n New York District Office 33 Whitehall Street, 5th Floor New York, N.Y. 10004 (212) 336-3708 (212) 336-3623 (facsimile)
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 Case 2:06-cv-02670-WJM-MF Document 10 Filed 10/04/2007 Page 1 of 17

Konrad Batog Trial Attorney Equal Employment Opportunity Commission New York District Office 33 Whitehall Street, 5th Floor New York, New York 10004 (212) 336-3700 Attorney for Plaintiff Equal Employment OpportWlity Commission
UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY

--------·--···---------·--------------------····--·--···--·····x EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,

-against-

Plaintiff,

: Civil Action No. 06-CV-2670(WJM-MF)

WASHINGTON GROUP INTERNATIONAL, INC. and 21 ST CENTURY RAIL CORP.,

Defendants. ---------------------------------------------------------------x

CONSENT DECREE

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PART I GENERAL PROVISIONS Section 101 Introduction
Plaintiff Equal Employment Opportunity Commission ("EEOC") has filed a Complaint in the United States District Court for the District of New Jersey, Docket No. 06-CV-2640 captioned Equal Employment Opportunity Commission v. Washington Group International, Inc. and 21 sl Century Rail Corp. (the "Complaint"). EEOC and Defendants Washington Group International, Inc. ("WGI") and 21st Century Rail Corp. (collectively "Defendants") have agreed to resolve this action by the terms of this Consent Decree ("Decree") as set forth below.
Section 102 Purpose of the Decree
A. The parties, defined as EEOC and Defendants, desire to settle this action, and therefore do hereby stipulate and consent to the entry of this Decree as fmal and binding between the parties and their successors, assigns, subsidiaries, affiliates, any other corporation or other entity that acquires either or both Defendants, and any other corporation or other entity into which either or both Defendants may merge or with which either or both Defendants may consolidate. Defendants shall provide notice and a copy of this Decree to any successors, assigns, subsidiaries, affiliates, any other corporation or other entity that acquires either or both Defendants, and any other corporation or other entity into which either or both Defendants may merge or with which either or both Defendants may consolidate.
B. The Decree resolves all issues relating to the allegations in the Complaint, Keisha Bennett's EEOC Charge of Discrimination number 171-2005-01155 ("Bennett Charge"), and Martha Espinal's EEOC Charge of Discrimination number 171-2005-00877 ("Espinal Charge") which served as the jurisdictional prerequisites in this case. The Decree does not resolve any charge of discrimination currently pending before EEOC, or any charge that may be filed in the future, other than the charges listed above. EEOC reserves all rights to proceed regarding matters
2

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not covered in this Consent Decree and Exhibits hereto. C. The terms of this Decree represent the full and complete agreement of the parties.
The parties agree that this Decree may be entered into without Findings ofFact and Conclusions of Law being made and entered by the Court. This Decree shall not in any manner be deemed or construed as an admission by Defendants that they acted wrongfully and/or illegally in any manner with respect to Keisha Bennett or Martha Espinal (collectively "Charging Parties"). Section 103 Prohibited Conduct and Injunction to Not Discriminate
A. Defendants, their successors, assigns, purchasers, and managers, officers and agents acting on behalf of either or both Defendants are hereby enjoined at the Hudson Bergen Connty Light Rail Transit system from discriminating against any individual because ofthe individual's sex and from retaliating against any individual at the Hudson Bergen County Light Rail Transit system because that individual is a beneficiary of this Decree, has filed a complaint, or has provided infonnation, assistance, or participated in any other manner in the investigation or litigation of this matter.
B. Nothing in this Decree shall be construed to limit or reduce Defendants' obligations to comply with the statutes enforeed by EEOC: Title VII of the 1964 Civil Rights Act, as amended, 42 U.S.C. §2000e, et seq.; Title I of the Americans with Disabilities Act, 42 U.S.C. §12101, et seq.; Age Discrimination in Employment Act, 29 U.s.C. §621, et seq., and; Equal Pay Act, 29 U.S.C. §206(d). Section 104 Consent to Jurisdiction
A. EEOC and Defendants agree that this Court has jurisdiction over the subject matter of this litigation and the parties for the duration of this Decree, that venue is proper, and all administrative prerequisites have been met. No party shall contest the validity of this Decree or the jurisdiction of the federal district court to enforce this Decree and its terms.
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B. The Court shall retain jurisdiction over this action for the duration of the Decree for all purposes including, but not limited to, the entering of all orders, judgments, and decrees as necessary to implement the relief provided herein. In any action to enforce the terms of this Decree, the Court will have full authority to order any remedy the Court deems appropriate, including, but not limited to, specific performance andlor extension of the Decree beyond the two (2) year term. Section 105 Applicability of Decree to Successors and Assigns and Upon Purchase,
Merger or Consolidation Defendants shall provide notice and a copy of this Decree to any successors, assigns, subsidiaries, affiliates, any other corporation or other entity that acquires either or both Defendants, and any other corporation or other entity into which either or both Defendants may merge, or with which either or both Defendants may consolidate. The successors, assigns, acquiring entities, and any surviving entities upon merger or consolidation shall be fully liable for complying with the terms of the Decree. Defendants shall provide written notice to EEOC within forty-five (45) days of any assignment, succession, acquisition, merger, or consolidation affecting either or both Defendants. Section 106 Implementation of the Decree EEOC and Defendants agree to take all steps that may be necessary to fully effectuate the terms of this Decree. Section 107 Amendments to the Decree By mutual consent ofthe parties, this Decree may be amended in the interests ofjustice and fairness and to facilitate execution of the Decree's provisions. No waiver, modification, or amendment of any provision of this Decree shall be effective unless made in writing, approved by all parties to this Decree, and approved or ordered by the Court.
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Section 108 Duration ofthe Decree The Decree shaH remain in effect for two (2) years from the effective date of the Decree.
The effective date of the Decree shall be the date it is signed by and receives final approval from the Court. The Decree shall not expire against any signatory while any enforcement action is pending against that signatory. Section 109 Severability
If one or more provisions of this Decree are rendered unlawful or unenforceable as a result of a legislative act or a decision by a court of competent jurisdiction, the following shall apply to insure that the Decree continues to effectuate the intent of the parties. The provisions of this Decree which are not rendered unlawful, unenforeeable, or incapable ofperformance as a result of such legislative act or court decision shall remain in full foree and effect and the parties' responsibilities shall not abate as to any and all provisions that have not been rendered unlawful or unenforceable except to the extent that the intent of the Decree would be undermined. Section 110 Breach of Decree
A breach of any term ofthis Decree by any party shall be deemed a material and substantive breach of the Decree. The parties agree that they will cooperate to effectuate and implement all terms and conditions of this Decree and exercise good faith efforts to accomplish the terms and conditions of this Decree. The parties shall not bring any action pertaining to a breach ofthis Decree, whether for injunctive or other relief, without first providing the other party with fourteen (14) days notice of any alleged violation(s) of this Decree unless providing such notice would compromise the public interest. EEOC and Defendants agree to confer regarding any dispute arising from the implementation of this Decrce unless doing so would compromise the public interest. In the event the parties are unable to resolve this dispute, any action relating to this Decree shall be filed in the Court that approves this Decree. Nothing in this Decree shall be construed to
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preclude either party from bringing proceedings to enforce this Decree following notice and a

conference ofthe parties as set forth herein. This Decree shall be construed under applicable federal

law.

Section 111 Notices

Except as otherwise provided for in this Decree, all notifications, reports, and

cotnmunicatiollS to the parties required under this Decree shall be made in writing and shall be

sufficient as hand-delivered, faxed, or sent by certified, registered, or overnight mail to the

following persons (or their designated successors):

For EEOC:

KomadBatog Equal Employment Opportunity Cotnmission 33 Whitehall Street, 5th Floor New York, New York 10004 Fax: (212) 336-3623

For Defendants:

Robert Berlin Washington Group International, Inc. 720 Park Boulevard Boise, ID 83729 Fax: (208) 386-5833

Any party may change such addresses by written notice to the other parties that set forth a new

address for this purpose. Notwithstanding the provisions for notification contained in this

paragraph, the parties may, after agreement memorialized in writing, send each other such

notifications, reports, and cotnmunications by email.

PART II SYSTEMIC RELIEF

Section 201 Posting and Distribution of Notices

A. Posting of Notice of Resolution

Within thirty (30) days of the effective date of this Decree, Defendants shall

conspicuously post and maintain a "Notice of Resolution" regarding this lawsuit (attached as

Exhibit "A") at the 20 Caven Point Road location of the Hudson Bergen County Light Rail

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Transit system in places where employee notices are posted. Defendants shall certify to EEOC within fourteen (14) days after Defendants have posted the Notice of Resolution pursuant to this Section. The Notice of Resolution shall remain posted for the duration of the Decree.
B. Posting of EEO Posters Defendants shall post and maintain EEO posters within twenty (20) days of the effective date of this Decree in places visually accessible to all applicants and employees of Defendants at the 20 Caven Point Road location of the Hudson Bergen Light Rail Transit system as required by federal regulations. Defendants shall certify to EEOC within twenty five (25) days that they have posted EEO posters pursuant to this Section. Section 202 Training A. Initial Training
1. Approval by EEOC Within sixty (60) days of the effective date ofthe Decree, Defendants shall submit proposed training programs for all of their non-supervisory employees, supervisory and management employees, and human resource employees at the Hudson Bergen County Light Rail Transit system to EEOC for its review and approval. Each training program will include the following: (a) a detailed agenda with proposed training materials, (b) curricula vitae(s) for the individual(s) who will conduct the training, and (c) a plan to ensure that all employees receive the required training. Defendants shall implement any changes to the training programs recommended by the EEOC which are consistent with the term ofthe Decree and submit amended training materials to EEOC for review and approval within forty five (45) days after receiving EEOC's proposed changes. The training programs will be conducted by an outside consultant approved by EEOC.
2. Content and Duration of the Initial Training The initial training shall review the rights and responsibilities of employees under federal
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anti-discrimination laws and how such laws define unlawful discrimination. The training shall include examples of unlawful conduct. The training also will cover Defendants' anti-discrimination policies and procedures with particular emphasis on the internal complaint, investigation, and remediation process, and an employee's right to file with EEOC and state or local agencies. The training shall be at least ninety (90) minutes in duration.
3. Scheduling and Confirmation of Training
Within three (3) months of receiving approval of the initial training program from EEOC, Defendants shall complete all initial training programs. All active, non-supervisory employees, supervisory and management employees; and human resource employees at the 20 Caven Point Road location of the Hudson Bergen County Light Rail Transit system shall attend the appropriate initial training session. Defendants shall not be required to provide training to employees who are not active or on leave for the duration of the Decree. Within twenty (20) days of any training session, Defendants shall provide EEOC with an attendance sheet that includes the date, the names of those in attendance, and the signatures of those in attendance.
B. Annual Training 1. Annual Training for Non-supervisory Employees
During the second year of the Decree, Defendants will provide all non-supervisory employees with at least one (1) hour of EEO training as described below in sub-paragraph 5.
2. Annual Training for Management and Supervisory Employees
During the second year of the Decree, Defendants will provide all supervisory and management employees with at least ninety (90) minutes ofEEO training as described below in sub-paragraph 5.
3. Annual Training for Human Resources Employees
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During the second year of the Decree, Defendants will provide all human resource employees with at least ninety (90) minutes ofEED training as described below in sub-paragraph 5.
4. Defendants shall not be required to provide annual training to employees who are not active or on leave for the duration of the Decree
5. Required Subjects of Annual Training The annual training programs shall include:
a. For non-supervisory, supervisory and management, and human resources employees, instruction on the requirements of all applicable equal employment opportunity laws including, but not limited to, Title VII of the Civil Rights Act of 1964, as amended, the Pregnancy .Discrimination Act, the Age Discrimination in Employment Act, the Americans with Disabilities Act, and the Equal Pay Act, and a review of Defendants' non-discrimination policies and procedures with p31iicular emphasis on the complaint procedure.
b. For supervisory, management, and human resources employees, instruction on any policies and requirements related to this Decree and instruction on the specific requirements of this Decree and the proper procedures for responding to complaints of discrimination or harassment. Counsel for Defendants shall provide the annual training on policies and requirements related to this Decree.
C. Training for New Employees I. Defendants shall provide thirty (30) minutes of training for all new
employees during the new employee orientation on or about the employee's first day of employment. The training shall review the rights and responsibilities of employees under federal anti-discrimination laws and how such laws define unlawful discrimination. The training shall include examples of unlawful conduct. The training also will cover Defendants' anti-discrimination policies and procedures with particular emphasis on the internal complaint,
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investigation, and remediation process, and an employee's right to file with EEOC and state or local agencies. Such training shall be conducted by the Human Resources Manager or the individual or entity providing the initial andlor annual training.
D. Reporting Requirements for Training
All employees attending any training session described in the above paragraphs shall print and sign their full name on an attendance sheet. Within thirty (30) days of the completion any training described in the preceding paragraphs, Defendants shall provide EEOC with copies of all attendance sheets.
E. Pre-Training Notification Requirement
At least thirty (30) days prior to the Initial and Annual trainings required tulder this Section, Defendants will provide EEOC notice of the date, time, and location ofthe scheduled training. EEOC, at its discretion, may attend and observe one or more of the training sessions and may provide changes to be implemented by the trainer which are consistent with the terms and conditions ofthis Decree.
Section 203 Monitoring and Reporting A. Monitoring by EEOC
EEOC may monitor Defendants' compliance with the Decree for the duration ofthe Decree through the inspection of the premises and records at the 20 Caven Point Road location of the Hudson Bergen County Light Rail Transit system, and interviews with Defendants' officers, agents, employees, and contractors at the 20 Caven Point Road location of the Hudson Bergen COtulty Light Rail Transit system, pertaining to this Decree at reasonable times agreeable to Defendants and upon fourteen (14) days prior written notice of the EEOC to Defendants and their counsel. Defendants are permitted to designate a representative, including but not limited to outside cotulsel, who shall be permitted to attend any interviews ofmanagement or supervisory employees
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conducted by the EEOC. B. Reporting Requirements for Discrimination Complaints For the duration ofthis Decree, every four (4) months beginning thirty (30) days
after the effective date of this Decree, Defendants shall provide a written report to EEOC with information regarding any verbal or written complaints of sex discrimination from employees or applicants pertaining to the Hudson Bergen County Light Rail Transit system which were received during the preceding four (4) months. The report shall include the name of the complainant, the name of the alleged discriminator, a list of each step taken by Defendants during the investigation, a summary ofthe complaint, the location, the results of any investigation of the complaint, and any remedial action taken by Defendants. The report shall include all open complaints and all complaints closed or resolved within the prior four (4) months.
C. Reporting Requirement for Available Transportation Supervisor Positions For the duration of this Decree, every four (4) months beginning thirty (30) days after the effective date ofthis Decree, Defendants shall provide a written report to EEOC with information regarding any available transportation supervisor position. The report shall include the name of the position, the date the position became available, how the position was advertised, the name of all applicants for the position, the sex of all applicants for the position, the name of the individual selected for the position, the date the individual was selected for the position, and the name of the decision maker(s) who selected the individual for the position. Section 204 Compliance with Record-keeping Requirements A. Record Retention For the duration of the Decree, Defendants agrees to maintain such records as are necessary to demonstrate its compliance with the Decree and 29 C.F.R. §1602 et seq. and to verify that the reports submitted pursuant to the Decree are accurate.
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PART III MONETARY RELIEF Section 301 Monetary Relief for Keisha Bennett and Martha Espinal
A. Within fifteen (15) days of receipt by Defendants in accordance with the notice requirements set forth herein of the Releases attached hereto as Exhibits "B" and "C" signed by Keisha Bennett and Martha Espinal respectively, Defendants agree to pay the total gross sum of seventy thousand dollars ($70,000) on the terms provided for below:
1. Defendants agree to pay Keisha Bennett the total sum of ten thousand dollars ($10,000), less lawful deductions, as back wages and provide Keisha Bennett an IRS W-2 FORM. Defendants shall send the check and IRS W-2 FORM, via certified mail, return receipt requested to Keisha Bennett. A copy of the check shall be forwarded to EEOC immediately upon issuance of the check.
2. Defendants agree to pay Keisha Bennett the total sum of twenty-five thousand dollars ($25,000) as non pecuniary compensatory damages and provide Keisha Bennett an IRS FORM 1099. Defendants shall send the check and IRS FORM 1099, via certified mail, retum receipt requested to Keisha Bennett. A copy of the check shall be forwarded to EEOC immediately upon issuance of the check.
3. Defendants agree to pay Martha Espinal the total sum of ten thousand dollars ($10,000.00), less lawful deductions, as back wages and provide Martha Espinal an IRS W2 FORM. Defendants shall send the check and IRS W-2 FORM, via certified mail, return receipt requested to Martha Espinal. A copy of the check shall be forwarded to EEOC immediately upon issuance of the check.
4. Defendants agree to pay Martha Espinal the total sum of twenty-five thousand dollars ($25,000) as non pecuniary compensatory damages and provide Martha Espinal an IRS FORM 1099. Defendants shall send the check and IRS FORM 1099, via
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Document 10

•Filed 10/04/2007

Page 13 of 17

certified mail, return receipt requested to Martha EspinaL A copy of the check shall be

forwarded to EEOC immediately upon issuance of the check.

PART IV SIGNATURES

Each signatory to this Decree represents that each is fully authorized to execute this

Decree and to bind the parties on whose behalf each signs.

APPROVED IN FORM AND CONTENT: By Plaintiff EEOC:

~~~t\v~
Elizabefu Grossman Regional Attorney EQUAL EMPLOYMENT OPPORTUNITY COMMISSION New York District Office
33 Whitehall Street, 5th Floor
New York, New York, 10004

For Defendant Washington Group International, Inc.

For Defendant 21 st Century Rail Corp.

~ ;;?~_, SO ORDERED this

day of

2007.

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certified mail, retum receipt requested to Martha Espinal. A ropy ofthe check shall be forwarded to EEOC immediately upon issuance of the check. PART IV SIGNATURES Each signatory to this Decree represents that each is fully authorized to execute this Decree and to bind the parties on whose behalf each signs. APPROVED IN FOR1\1 AND CONTENT: By Plaintiff EEOC:

For Defendant Washington Group International, Inc.

Elizabeth Grossman Regional Attorney EQUAL EMPLOYMENT OPPORTUNITY COMMISSION New York District Office 33 Whitehall Street, 5th Floor New York, New York, 10004

For Defendant 21 " Century Rail Corp. SO ORDERED this ___ day _______, 2007. United States District Judge

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EXHIBIT A U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
New York District Office NOTICE TO ALL EMPLOYEES This Notice is being posted pursuant to a Consent Decree between the U.S. Equal Employment Opportunity Commission ("EEOC") and Washington Group International, Inc. and 21st Century Rail CQrp. Federal law prohibits employers from discriminating against applicants and employees based on national origin, religion, race, color, sex, age or disability. Washington Group International, Inc. and 21st Century Rail Corp., their managers, officers, and agents will support and comply with Federal law prohibiting discrimination against any employee or applicant for employment because of an individual's sex with respect to hiring, firing, compensation, or other terms, conditions, or privileges of employment. Washington Group Intel1lational, Inc. and 21 st Century Rail Corp. will not take any action against employees because they have exercised their rights under the law by filing charges or cooperating with the U.S. Equal Employment Opportunity Commission or by otherwise opposing employment practices made unlawful under Title VII of the Civil Rights Act of 1964, as amended.
Should you have any complaints or questions regarding employment discrimination, contact the EEOC at:
Equal Employment Opportunity Commission (800) 669-4000 Website: www.eeoc.gov Dated:_ _ _ _ __ THIS NOTICE WILL REMAIN POSTED FOR TWO YEARS FROM THE DATE SHOWN ABOVE AND MUST NOT BE ALTERED, DEFACED OR COVERED BY OTHER MATERIAL. [TO BE RE-ISSUED AND REPLACED IF DESTROYED OR TATTERED)
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EXHIBJTB

UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY

---------------------------------------------------------------x
EQUAL EMPLOYMENT OPPORTUNITY
COMMISSION,

-against-

Plaintiff,

: Civil Action No. 06-CV-2670(WJM-MF)

WASHINGTON GROUP INTERNATIONAL, INC. and 21 ST CENTURY RAIL CORP.,

Defendants.
---------------------------------------------------------------x
RELEASE OF KEISHA BENNET In consideration for thirty-five thousand dollars ($35,000) paid to me by Washington Group International, Inc. and 21 st Century Rail Corp. in connection with the resolution of EEOC v. Washington Group International, Inc. and 21 5t Century Rail Corp. (06-CV-2670), I release Defendants from and waive my right to recover for any claims ofrace discrimination or sex discrimination arising under Title VII that I had against Defendants prior to the date ofthis release and that were included in the claims alleged in EEOC's Complaint against Defendants or brought in my EEOC Charge, Bennett v. Washington Group International, Charge Number 171-200501155.

SignaturePl'{~ ~.

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EXHIBITC
UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,

-against-

Plaintiff,

: Civil Action No. 06-CV-2670(WJM-MF)

WASHINGTON GROUP INTERNATIONAL, INC. and 21ST CENTURY RAIL CORP.,

Defen dants. ---------------------------------------------------------------x
RELEASE OF MARTHA ESPINAL In consideration for thirty-five thousand dollars ($35,000) paid to me by Washington Group International, Inc. and 21 st Century Rail Corp. in connection with the resolution of EEOC v. Washington Group International, Inc. and 21 5t Century Rail Com. (06-CV-2670), I release Defendants from and waive my right to recover for any claims of sex discrimination arising under Title VII that I had against Defendants prior to the date of this release and that were included in the claims alleged in EEOC's Complaint against Defendants or brought in my EEOC Charge, Espinal v. Washington Group International, Charge Number 171-2005-00877.

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 CM/ECF LIVE - U.S. District Court for the District of New Jersey

https://ecf.njd.uscourts.gov/cgi-bin/DktRpt.pl?249077770456424-L_19...

CLOSED, SCHEDO
U.S. District Court District of New Jersey [LIVE] (Newark) CIVIL DOCKET FOR CASE #: 2:06-cv-02670-WJM-MF

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION v. WASHINGTON GROUP INTERNATIONAL, INC. et al Assigned to: Judge William J. Martini Referred to: Magistrate Judge Mark Falk Cause: 42:2000 Job Discrimination (Sex)

Date Filed: 06/15/2006 Date Terminated: 10/04/2007 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

Plaintiff
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

represented by ELIZABETH GROSSMAN NEW YORK DISTRICT OFFICE EEOC 33 WHITEHALL STREET 5TH FLOOR NEW YORK, NY 10004-2112 (212) 336-3695 Fax: (212) 3623 Email: elizabeth.grossman@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

KONRAD BATOG U.S. EEOC 33 WHITEHALL STREET 5TH FLOOR NEW YORK, NY 10004 212-336-3620 Email: konrad.batog@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

ROBERT DAVID ROSE U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 33 WHITEHALL STREET 5TH FLOOR NEW YORK, NY 10004 212-336-3708 Email: robert.rose@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

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CM/ECF LIVE - U.S. District Court for the District of New Jersey

https://ecf.njd.uscourts.gov/cgi-bin/DktRpt.pl?249077770456424-L_19...

V. Defendant WASHINGTON GROUP INTERNATIONAL, INC.
Defendant 21st CENTURY RAIL CORP.

represented by ANNE CIESLA BANCROFT FOX ROTHSCHILD LLP PRINCETON PIKE CORPORATE CENTER 997 LENOX DRIVE BUILDING 3 LAWRENCEVILLE, NJ 08648-2311 (609) 896-3600 Email: abancroft@foxrothschild.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by ANNE CIESLA BANCROFT FOX ROTHSCHILD LLP 997 LENOX DRIVE BUILDING 3 LAWRENCEVILLE, NJ 08648-2311 (609) 896-3600 Email: abancroft@foxrothschild.com ATTORNEY TO BE NOTICED

Date Filed 06/14/2006
08/14/2006 10/31/2006 11/29/2006 11/29/2006

# Docket Text
1 COMPLAINT against WASHINGTON GROUP INTERNATIONAL, INC., 21st CENTURY RAIL CORP. JURY DEMAND, filed by EQUAL EMPLOYMENT OPPORTUNITY COMMISSION.(no fee reqd) (Attachments: # 1 COMPLAINT)(dr, ) (Entered: 06/15/2006)
2 Defendants' ANSWER to Complaint (by Washington Group International, Inc. and 21st Century Rail Corp.) by 21st CENTURY RAIL CORP..(BANCROFT, ANNE) (Entered: 08/14/2006)
3 ORDER Initial Conference set for 12/20/2006 10:00 AM in Newark - Courtroom 2C before Magistrate Judge Ronald J. Hedges.. Signed by Judge Ronald J. Hedges on 10/31/06. (nm, ) (Entered: 10/31/2006)
4 NOTICE of Appearance by KONRAD BATOG on behalf of EQUAL EMPLOYMENT OPPORTUNITY COMMISSION (BATOG, KONRAD) (Entered: 11/29/2006)
Judge Mark Falk and Mark Falk added. Judge Ronald J. Hedges no longer assigned to case. CHAMBER'S NOTE: Each party is to deliver to Hon. Mark Falk, U.S.M.J., USPO & Courthouse, 1 Federal Square, Room 457, Newark, NJ 07101 or fax to (973) 645-3097, no later than January 2, 2007, a confidential letter, not to exceed 5 pages, summarizing the relevant facts, the respective legal positions, status of the case and the client's position on settlement. The letter shall

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CM/ECF LIVE - U.S. District Court for the District of New Jersey

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01/29/2007
02/21/2007
02/22/2007 02/22/2007
03/20/2007 04/10/2007 04/16/2007 04/17/2007 04/18/2007 05/15/2007 06/11/2007
06/25/2007
06/25/2007

NOT be electronically filed.(jgb, ) (Entered: 11/29/2006)
5 ORDER Settlement Conference set for 2/22/2007 10:00 AM before Magistrate Judge Mark Falk. Status Conference set for 2/22/2007 10:00 AM before Magistrate Judge Mark Falk.. Signed by Judge Mark Falk on 1/25/07. (sr, ) (Entered: 01/29/2007)
6 DECLARATION of Defendant's Corporate Disclosure Statement Pursuant to Fed.R.Civ.P.7.1 re 2 Answer to Complaint by WASHINGTON GROUP INTERNATIONAL, INC., 21st CENTURY RAIL CORP.. (BANCROFT, ANNE) (Entered: 02/21/2007)
Minute Entry for proceedings held before Judge Mark Falk : Settlement Conference held on 2/22/2007. (LM, ) (Entered: 02/22/2007)
7 PRETRIAL SCHEDULING ORDER: Settlement Conference set for 5/15/2007 04:00 PM before Magistrate Judge Mark Falk. Status Conference set for 5/15/2007 04:00 PM before Magistrate Judge Mark Falk. Discovery due by 11/1/2007; etc.. Signed by Judge Mark Falk on 2/22/07. (sr, ) (Entered: 02/23/2007)
Minute Entry for proceedings held before Judge Mark Falk : Telephone Conference held on 3/20/2007. (LM, ) (Entered: 03/20/2007)
8 AFFIDAVIT/Certification in support of discovery confidentiality order of Konrad Batog by EQUAL EMPLOYMENT OPPORTUNITY COMMISSION. (BATOG, KONRAD) (Entered: 04/10/2007)
9 DISCOVERY CONFIDENTIALITY ORDER fld.. Signed by Judge Mark Falk on 4/13/07. (sr, ) (Entered: 04/16/2007)
Set Hearings: Status Conference via telephone set for Wednesday, 4/18/2007 at 11:00 AM before Magistrate Judge Mark Falk. (LM, ) (Entered: 04/17/2007)
Minute Entry for proceedings held before Judge Mark Falk : Telephone Conference held on 4/18/2007. (LM, ) (Entered: 04/30/2007)
Minute Entry for proceedings held before Judge Mark Falk : Settlement Conference held on 5/15/2007. (LM, ) (Entered: 05/17/2007)
TEXT ORDER - Status Conference via telephone set for 6/19/2007 at 3:15 PM before Magistrate Judge Mark Falk. It shall be plaintiff's counsel's responsibility to contact all counsel to set up the conference as well as initiate the conference call. Kindly mark your calendar accordingly.Ordered by Judge Mark Falk on 6/11/07. (LM, ) (Entered: 06/11/2007)
TEXT ORDER - Settlement Conference via telephone set for 7/23/2007 at 4:00 PM before Magistrate Judge Mark Falk. It shall be plaintiff's counsel's responsibility to contact all counsel to set up the conference as well as initiate the conference call. Kindly mark your calendar accordingly. Orderedby Judge Mark Falk on 6/25/07. (LM, ) (Entered: 06/25/2007)
Minute Entry for proceedings held before Judge Mark Falk : Status Conference via telephone held on 6/25/2007. (LM, ) (Entered: 06/27/2007)

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CM/ECF LIVE - U.S. District Court for the District of New Jersey

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07/23/2007 10/04/2007 10/04/2007

Minute Entry for proceedings held before Judge Mark Falk : Status Conference via telephone held on 7/23/2007. (LM, ) (Entered: 07/26/2007)
10 CONSENT DECREE. Signed by Judge William J. Martini on 10/4/07. (gh, ) (Entered: 10/04/2007)
***Civil Case Terminated. (gh, ) (Entered: 10/04/2007)

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Transaction Receipt

03/18/2008 14:39:24

PACER Login:

wu0079 Client eeoc Code:

Docket Description: Report

Search Criteria:

2:06-cv-02670-WJM-MF Start date: 1/1/1970 End date: 3/18/2008

Billable

2

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Cost: 0.16

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