¯.’-..~,::~:] ~ I ~.I:N ~-IE UNITED STATES DISTRICT COURT

_C; ~.,-:~i

c- ~t.,.,....:.!..~!E_-Q.~ RTHE

NORTHERN DISTRICT EASTERN DIVISION

OF

ILLINOIS

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff,

GURTZ ELECTRIC CO. AND PICKUS

)

CONSTRUCTION and EQUIPMENT

)

COMPANY, INC.

)

Defendants.

)

7 6
~JUDGE JOHN W DARRAtt COMPLAINT
A4AG~ISTi~ATE 2UDGE LEVIN JURY TRIAL DEMAND

NATURE OF THE ACTIQNj/_ i ~ ~200z This is an action under Title VII of the Civil Rights Act of t964, as amended, 42 U.S.C. §2000e et seq., and Title I of the Civil Rights Act of 1991, 42 U.S.C. §1981a, to correct unlawful employment practices on the basis of sex, and to provide appropriate relief to Wendy Cordts ("Cordts"), employee of Defendant, Gurtz Electric Co. ("Gurtz") and a class of employees who were adversely affected by such practices. As alleged with greater particularity in paragraph nine (9) below, Plaintiff, the U.S. Equal Employment Opportunity Commission, alleges that Gurtz and Pickus Construction and Equipment Company, Inc. ("Pickus") discriminated against Cordts because of her sex by subjecting her to a sexually hostile work environment by failing to take prompt remedial action intended to eliminate the harassment after the Defendants became aware of such behavior, in violation of Title VII.

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 Section 706(0(I) 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"). 2. The employment practices alleged to be unlawful were committed within the jurisdiction of the United States District Court for the Northern District of Illinois.
PARTIES 3. Plaintiff, the U.S. 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 Section 706(f)(t) and (3) of Title VII, 42 U.S.C. § 2000e-5(f)(1) and (3). 4. At all relevant times, Defendant Gurtz has continuously been and is now an Illinois corporation doing business in the State of Illinois, and has continuously had at least 15 employees. 5. At all relevant times, Defendant Gurtz has continuously been an employer engaged in an industry affecting commerce within the meaning of Sections 701(b), (g) and (h) of Title VII, 42 U.S.C. § 2000e(b), (g) and (h). 6. At all relevant times, Defendant Pickus has continuously been and is now an Illinois corporation doing business in the State of Illinois, and has continuously had at least 15 employees. 7. At all relevant times, Defendant Pickus has continuously been an employer engaged in an industry affecting commerce within the meaning of Sections 701(b), (g) and (h) of
2

Title VII, 42 U.S.C. § 2000e(b), (g) and (h). STATEMENT OF CLAIMS
8. More than thirty days prior to the institution of this lawsuit, Cordts filed two separate charges with the Commission; one against Gurtz alleging violations of Title VII and the other against Pickus alleging .violations of Title VII. All conditions precedent to the institution of this lawsuit have been fulfilled.
9. Since at least 1999, Gurtz and Pickus have engaged in unlawful employment practices at the "Lake Barrington Woods" construction site in Lake Barrington, Illinois, in violation of Sections 703(a)(1) and 704(a) of Title VII, 42 U.S.C. §§ 2000e-2 and 2000e-3(a). These practices include, but are not limited to:
A. Discriminating against Cordts and other female employees because of their sex by subjecting them to sexual harassment, and failing to take prompt remedial action intended to eliminate the harassment after the Defendants became aware of such behavior.
B. Creating and maintaining a sexually hostile work environment by, among other things, permitting employee portable toilets, gang boxes and basement walls at the "Lake Barrington Woods" construction site to remain covered with sexually offensive graffiti and by refusing to take effective action to remove such graffiti and prevent its recurrence.
10. The effect of the practices complained of in paragraph nine (9) above has been to deprive Cordts and a class of employees of equal employment opportunities and otherwise adversely affect their status as employees because of their sex.
11. The unlawful employment practices complained of in paragraph nine (9) above 3

were and are intentional. 12. The unlawful employment practices complained of in paragraph nine (9) above
were done with malice or with reckless indifference to the federally protected rights of Cordts and a class of employees.
PRAYER FOR RELIEF WHEREFORE, the Commission respectfully requests that this Court: A. Grant a permanent injunction enjoining Gurtz, its officers, successors, assigns, and all persons in active concert or participation with it, from engaging in sexual harassment and any employment practice which discriminates on the basis of sex in violation of Title VII. B. Grant a permanent injunction enjoining Pickus, its officers, successors, assigns, and all persons in active concert or participation with it, from engaging in sexual harassment and any employment practice which discriminates on the basis of sex in violation of Title VII. C. Order Gurtz to institute and carry out policies, practices, and programs which provide equal employment opportunities for women and employees who complain of violations of Title VII, and which eradicate the effects of its past and present unlawful employment practices; D. Order Pickus to institute and carry out policies, practices, and programs which provide equal employment opportunities for women and employees who complain of violations of Title VII, and which eradicate the effects of its past and present unlawful employment practices; E. Order Gurtz to make whole Cordts and a class of female employees by providing compensation for past and future pecuniary losses resulting from the unlawful employment practices described in paragraph (9) above, in amounts to be determined at trial;
4

F. Order Pickus to make whole Cordts and a class of female employees by providing

compensation for past and future pecuniary losses resulting from the unlawful employment

practices described in paragraph (9) above, in amounts to be determined at trial;

G. Order Gurtz to make whole Cordts and a class of female employees by providing

compensation for past and future nonpecuniary losses resulting from the unlawful employment

practices described in paragraph nine (9) above, including, but not limited to, emotional pain,

suffering, and humiliation, in amounts to be determined at trial;

H. Order Pickus to make whole Cordts and a class of female employees by

providing compensation for past and future nonpecuniary losses resulting from the unlawful

employment practices described in paragraph nine (9) above, including, but not limited to,

emotional pain, suffering, and humiliation, in amounts to be determined at trial;

I. Order Gurtz to pay Cordts and a class of female employees punitive damages for

its malicious and/or reckless conduct described in paragraph nine (9) above, in amounts to be

determined at trial;

J. Order Pickus to pay Cordts and a class of female employees punitive damages for

its malicious and/or reckless conduct described in paragraph nine (9) above, in amounts to be

determined at trial;

No

Grant such further relief as the Court deems necessary and proper in the public

interest; and

L. Award the Commission its costs in this action.

JURY TRIAL DEMAND

The Commission requests a jury trial on all questions of fact raised by its Complaint.

5

Respectfully submitted, NICHOLAS M. INZEO Acting Deputy General Counsel GWENDOLYN YOUNG REAMS Assistant General Counsel EQUAL EMPLOYMENT OPPORTUNITY
;ION 1
Trial Attorney
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
500 West Madison Street, Suite 2800 Chicago, Illinois 60661 (312) 353-7722
6

Civil Cover Sheet

htlp://www.ilnd.uscourts.gov/PUBLIC/Forms/auto_js44.

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±3!,d ~e n "$’~NITED STATES DISTRICT COURT X~:!:!~i0 NORTHERN DISTRICT OF ILLINOIS

S ...........

Civil Cover Sheet

This automated JS-44 conforms generally to the manual JS-44 approved by the Judicial Conference of the United States in
September 1974. The data is required for the use of the Clerk of Court for the purpose of initiating the civil docket sheet. The information contained herein neither replaces nor supplements the filing and service ofpleadings or other papers as required by law. This form is authorized for use on__@y1 in the Northern District of Illinois.

Plaintiff(s): EQUAL EMPLOYMENT OPORTUNITY COMMISSION

Defendant(s):GURTZ ELECTRIC CO. & PICKUS CONSTRUCTION & EQUIPMENT COMPANY, INC.

County of Residence:

County of Residence:

Plaintiff’s Atty:

Defendant’s Arty:

Beth A. Miller Equal Employment Opportunity Commission
500 W. Madison, Suite 2800, Chicago, IL 60661
312-353-7722

JUL 1 ~ 2OOZ

(Pickus)Louis W. Brydges, Jr. P.C., 1220 Grand Ave.,P.O. Box 710, Waukegan, IL 60079 (Gurtz)Lynn Lucchese-Soto, Law Offices of Berger Newmark & Fenchel P.C. 222 N. LaSalle St., Suite

II. Basis of Jurisdiction:

1. U.S. Gov’t Plaintiff

III. Citizenship of Principal Parties (Diversity Cases Only)
Plaintiff:- N/A Defendant:- N/A

jt.JO.P:,E JOHN W DARRAH ]~GISTR&TE JUDGE

W. Origin"

1. Original Proceeding

V. Nature of Suit:

442 Employment

VI.Cause of Action:

Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C.

§2000e et seq., and Title I of the Civil Rights Act of 1991, 42 U.S.C. §1981a, to correct the unlawful practices on the basis of sex.

VII. Requested in Complaint

Class Action: /

Dollar Demand:

Jury Demand: ~,/

VIII. This case IS NOT a refiling of a previously dismissed case.

1 ~fg.

Civil Cover Sheet

__

~

http://www,ilnd.uscourts.gov/PUBLIC/Forms/autoi s44x

Signature: \~_L~ ~’"~’-" -

Date:

~7 - / ~ - <~ 2.

If any of this information is incorrect, please go back to the Civil Cover Sheet Input fom~ using the Back button in your browser and change it.

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Rev|sed: 06/28t00

Ill the Matter of

UN~i?ED STATES DISTRICT COURt NORTHERN DISTRICT OF ILLINOIS
Eastern Division

EQUAL EMPLOYMENT OPORTUNITY ¯ GURTZ ELECT~C CO. & PICKUS .CONSTRUCTION & EQUIPMENT COMPANY, . INC.:~’.

CaseN0 .~C 49 7 6

APPEARANCES ARE HEREBY FILED BY THE UNDERSIGNED AS ATTORNEY(S) FOR:

u

0PPORTLINITS~t~~S~ION. : ",YJ~ 2~H."! W Da_~’~’ aH =

-- "--ue~

MAGISTRATE JUDGE LEV~N

’ ... ..... .....

FIRM
Equal Employment Opportunity Commission
STREET ADDRESS
500 W. Madison, Suite 280.0
C~Wm~TcAaTEg/ZoIP, IL 60661

IDENTIFICATION NUMBER (SEE ITEM 4 ON REVERSE)
ARDC No. 06203264

TRIAL ATTORNE¥~ ....

YES ~-

NO [~

/ I , /// ?#m ,4 //

Jo~ H~: tdricks~
gq~.~kE~plqyment Oppo~n~.}y Commission
STREET ADDR~S
500 ~. ~adisQp~ Suit~.2800
CITY/STATE/~IP
,~. hic_~o,:,.,IL 6066.!
TELEPHONE NUMBER
.(312) 353-8551
IDENTIFICATION NUMBER (SEE ITEM 4 ON REVERSE)
ARDC No. 01187589

~e~ory ;/c£ o~r ~-~ -
Equal Employment Opportunity Commission
STREET ADDRESS
500 W, ,M, adison~ Suite 2800 .......
CITYISTATEIZIP
Chicago, IL 60661
TELEPHONE NUMBER
(312) 886-9124
IDENTIFICATION NUMBER (SEE ITEM 4 ON REVERSE)
ARDC No. 06210804
MEMBER OF TRI2~L BAR?
TRIAL ATTORNEY‘/
DESIGNA’rED AS LOCAL COUNSEL’/
/
~SIGNATURE
NAME
FIRM
CITY/STA~ZIP
TELEPHONE NUMBER
IDENTIFIcATIoN NUMBER (sEE ITEM 4 ON REVERSE)

TRIAL ATTORNEY‘/ DESIGNA~’P’D AS LOCAL COUNSEL?

YES [~ YES [~

NO [~ NO ~’~

TR|AL ATTORNEY?

YES K-.~

NO [~

 
 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION

UNITED STATES EQUAL EMPLOYMENT )

OPPORTUNITY COMMISSION,

)

)

Plaintiff,

)

)

)

v.

)

)

PICKUS CONSTRUCTION

)

and EQUIPMENT COMPANY, INC.

)

)

Defendant.

)

----------------------------~)

Civil Action No. 02 C 4976 Judge Darrab Magistrate Judge Levin

CONSENT DECREE

THE LITIGATION

1. On July 15, 2002, Plaintiff United States Equal Employment Opportunity

Commission (the "EEOC") filed its complaint in this action alleging that Defendants Gurtz

Electric Co. ("Gurtz") and Pickus Construction and Equipment Co. ("Pickus") violated Title

VIl of the Civil Rights AGt of 1964 ("Title VII") by disGriminiltin~ against Charging :Party, Wendy Cordts, and a ci<lss QfwQ1nen beCause Qftheir seX by subjecting them t9 <l sexually

hostile work environment and by failing to take prompt remedial action intended to eliminate

the harassment after Defendants became aw&re of sllch behavior.

2. As a result of their having engaged in comprehensive settlement negotiations, the

EEOC and Defendant Pickus have agreed that the claims against Defendant Pickus should be

fully and finally resolved by entry of this Consent Decree (hereafter "Decree"). The claims

against Defendant Gurtz were resolved by consent decree entered on March 13, 2003. Thus, this

1

g~cn,<e fully and finally resolves th~ lawsuit.

3.

Nothing in this Decree shall constitute or shall be deemed to constitute an

admission by any party, or a finding by the Court, with respect to the merit or lack of merit of

any of the claims or defenses of any party.

FINDING/!

4.

Having ex:amined the terms and provis.ions of this D~cre~, and based on the

pleadings, r~cord, and stipulations of the parties, the COllft finds the following:

A. This Court haS jurisdiction of the subjeGt matter of this action and of the parties to

this case;

l3, The terms of this Degree are adequate, reasl:lllable, equitable and just ap.d the

rights of the Charging Party, the members of the class, the EEOC, and Pickus and the public

interest are adequately protected by this Decree; ap.d

C. This Decree conforms with the Federal Rules of Civil Procedure and Title VU,

and is not in derogation of the rights or privileges of any person. The entry of this Decree will

further the objeGtives ofTitll;) VU and will be in the b~st int~rests of the CharginS Party, the ~:gQg, Pi"kl.!s and the puPli«.
NOW, THEREFORE, IT IS ORJ)ERED, ADJUDGED AND DECREED THAT;

INJUNCTlVE RELIEF

"-',,,.

"

permwwntJy enjoined from engaging in any employment pra,ctice w4ich discriminates on the basis of sex.
2

limitation, Wendy Cordts a,nd B'lrbara Craddock, be!l~\lSe $1-Iqh person has opposlld any practice made unlawful under Title VII, filed a Charge of Discrimination under Title VII, testified or participated in any manner in any investigation, proceeding, or hearing \lnder Title VII, or asserted any rights under or benefitted from this Decree.
MONETARY MLIEF 7. Pickus shall pay a total of$23,750 in monetary relief for non-wage, cO!llpensatory damages to Wendy Cordts and $6,000 in monetary reiieffor non-wage compensatory damages to Barbara Craddock. Upon entry of this Consent Decree, the EEOC shall mail to Chargil)g Party and ¥s Craddock a R"h;a,se Agre~mef\t in the forrp Of Exhibit A hereto. To be eligible for relief pursuant to this Cons~nt Pecree, Charging Party aI\d Ms. Craddock must eXecute and return to the EEOC the Release Agreement in the form of Exhibit A reJ\:asing their claims of sex discrimination under Title VII. The Commission will send to Pick\ls the executed Releases it receives from Charging Party and Ms. Craddock. Within ten (10) days ofPick\ls' receipt ofan executed Release Agreement, Pickus shall mail to Charging Party and Ms. Craddock checks in the amount of$23,7~0 and $6,000 respectively at addresses to be provided by the EEOC. Pickus shall also mail a copy of each such check to the EEOC at the address set forth in Paragraph 19, below. All partieS will bear their own fees and costs.
RECORD-KEEPING ." •• , '. J _.<S,,:
8. In order to ena1:l1e the EEOC tp monitpr the relief afforded by this Decree for the duration ofthis Decree, Defef\daI\t shall maintain and rp&kll available fqr inspectiqn and "opying by the EEOC all documents and records which refer or relatll to employee complaints

r~!;l;trpiIl!l all¥&~q ~~lj:lJ!l1 hl!r&~~m~Ilt 111i!c!!1 ~~'9~~SB~!1t \Q t~~ !lnt!)' qf tl1i~ p!;)j;;r\l~.

9. Oefendant $hall makll all dQQlJmellts or records referred to in Para$faph 8,

above, available for inspection and copying within ten (10) days after the EEOC so requests. In

addition, Defendant shall make available all persons within its employ whom the EEOC

reasonably requests for the purpose of verifYing compliance with this Decree, and shall permit

the EEOC to enter Defendant's premises during regul;tr business hours for such purpose.

10. Nothing contained in this DeGre.e shall be construed to limit any obligation

Defendant may otherwise have to maintain records under Title VII or any other law or

regulation.

ADOPTION AND DISTRIBUTION OF REVISED -<_,.. ___ ,.. ;, .. - ,.,'X,,'·'-'-., ",.- ','''.c··r-'- •.• ... ",~',,_' :,'.' e.',' ,,-. "

POLICY AGAINST SEXUAL HARASSMEN. T - .- -- .. --.. --'-" ::. - -"'

--~.- ,.

""', .;,,- ,'. "

. .-

"

11. Within fou*en (14) days (lfter the entry ofthis Consent Decree, Pickus shall

(ldopt and distribute 19 <!II ",mployees (I fI:;visep policy against stlxual h<lrassment. At the time

that it signs a subcOlltragtinl;l agreement, Pickus sh<!ll aJso provide each sllb-contra"to[ with (I

copy of the revised policy. Within fourteen (14) d<lys after the entry of this Consent Decree,

Pickus shall also provide a copy of the policy to the EEOC. The Policy shall specifically

prohibit any graffiti on the basis of sex (including references to an individual's physical

appearance or sexual habits.) It shall provide that complaints of sexual harassment may be

made to any person in the chain of command "bove an employee or elirectly to the Personnel

Departmf;)ni. Hshllli provide th"t employees who viplilte the policy an~ subject to discipline up

to and illpluding disc)J.f\rg©. This revised policy sh<lil <ll~P Q!'1 pistri\))Md in accord with

Pamgmph 12b, lwlpw. At thll time ofthe next revision of its "mploy,,~ hanpbook, PiQ~us shall

4

revise the policy in its handbook in accord with this Paragraph. TRAINING
12. For the duration of this Decree, Pickus will provide training for its employees and workers on its job sites regarding sexual harassment, as follows:
a) During each ofthe two years covered by this Decree, all full-time Pickus managers and supervisors shall participate in an annual training session designed for Pickus by a trainer selected in accord with the process outlined in paragraph d below. This training will involve detailed disc\.lssion of not only the laW bllt th~ mll;l of eaph manag.er and sup. ervisor in maintaining a workplace free of harassment and one which promotes the interests of equal employment opportunities.
b) All employees at each current job site and at any new job sites will be provided a written presentation regarding the company's policies prohibiting sexual harassment (including, without limitation, sexual graffiti) and the company's procedures for making complaints, including access to on-site representatives as well as corporate compliance officials.
c) All employees hired as the on-site foremen for particular projects shall be provided a verbal presentation regarding the company's policies prohibiting sexual harassment (including, without limitation, sexual graffiti) and the company's procedures for making complaints, including access to on-site representatives as well as corporate compliance officials. This presentation may be made by Pickus personnel. At projects with fifteen (15) or more employees for a duration of twenty (20) or more weeks, all employees will also be provided a verbal presentation regarding the company's policies prohibiting sexual harassment (including, without limitation, sexual graffiti) and the company's procedures for making
5

Gomplaint~, including acces~ to on"site representatiV~$ as well as corporate compli,Hlce
require the attend<llwe of at least Olle repres~ntativ\: P'QIll e,lI* sulWOlltractor. d) PiGkl.!~ shall obtain the EEOC's approval of its prOPQsed trainer prior to the training
session. Pickus shall submit the name, <tddress, telephone number, resume and tr<lilling proposal of the proposed trainer to thll EEOC at least fiftelln (IS) days prior to the proposed date(s) of the training. EEOC shall have five (5) calend<lr day~ frOIll th(l date of receipt of the information described <tbQvll to accept Or reject the proposed trainer. 1n the event th~ EEOC does not approve Pickus's designated trainer, Pickus shall havll five (5) calend<lr d<lys to identify an alternattl trainer. Thll EEOC shall have five (5) cal~ndar days from the d<ltll ofn;ceipt Qfthe
through this pro<;ess ilgree on <I tr\liner, thlln they may s\;'ek t1w COI.\i1;' s assistange under Paragraph 16.
REPORTING
13. Defend<lnt shall f,Urnish the EEOC with alist (incll.\ding the employee'S name,
gender, job title, aMress, social security number <lnd 9<tte of complaint) of e<tch employee whp makes a complaint <tbo).!t alleged sexual har<tssment whiqh is recorded purs\I<Illt to paragraph 8. l)\lfendatlt sh,ul fUrni~h the first such report six (6) mQnths aft~r entry of this Decr~~, and subsequent reports eVi:lry six (6) mQnths thereafter, and thl> final report one (1) month before the expiration of this DeGree.
14. N9tJting ~ontaine~ in this De~r~e ~h,ul qe 90nstrul1d t9 li!nit any obligation
Pefengant m!!y oth\;rwi~~ have to suqmit reports \jncll.\r Title VlI qr <illY other law or regullltion.

POSTING OF NOTICE d-'" _"," " •• , • ",'" -, _ • ,.,-" .. ",,~,,<",
15. Within twenty (20) days following entry of this Decree, Defendant shall post copies of the Notice, attached hereto and incorporated herein by reference as Exhibit B, in a conspicuous location easily accessible to and commonly frequented by Defendant's employees and applicants for employment at Defendant's offices and at each of Defendant's work sites located in the United States and in existence at any time during the period from the date of this Decree until the date two (2) years from the date of this Decree. Defendant shall ensure that the postings are not alt~red, defaced or covered by (lny othllr m(lteri(ll. Defendant shall certify to the EEOC in writing within thirty (30) days (lft~r <lntry Qfthi~ Depr~e thM the copies oft\1e
NotiC;e h(lye been properly post~d ang the 10catjpn gf tlfl!<h ~1Jch posting; witl1in twenty (20)
d(lYs of the opening of a new work site, Defendant shall certifY in writing to the EEOC that a posting has been properly posted at such work site. The Notice shall remain posted (It each work site for the lesser of (i) a period Qftwo (2) years from the date of entry oftms Decree and (ii) the date on which the work site is completed and Defendant no longer employs anyone at such work site. At the time that a Defendant signs a subcontracting agreement with any subcontractor who whose work will require fifteen (15) or more employees working on a
Pickl)s jobsite for twenty (20) or more weeJ~s , Oefe.nPaJlt shall fllso prgVide a copy oft\1is
Notict) to each such subcontractor and request that tl1e svbllontnwtor post the Notice.
DISPU·rE~S°"l.:V!Iql~
16. In the ewnt that either Pilrty b~lieves t\1at the other party has fqiled to comply with any prQvisions of th~ Oegree, the COmplaining party shi,!U notifY the alleged noncomplying party in writing of such non-compliance and afford the alleged non-complying party
7

non"Gomplyin~ party has f;ompli~d. rfthe alkged npn.(;omplying party has npt remeditld the alleged non·compliance or satisfied the complaining party that it has complied within fifteen (15) days, the complaining party may apply to the Court for appropriate relief
PURATIONOF DECREE ANDBJ!jTENIION OF JURISDICTION 17. Subject to paragraph 16, all provisions ofthis Decree shall be in effect for a period of two (2) years immediately following entry of the Decree, provided, however, that if, at the end ofthe two (2) year period, any dispUllilS Ilnd~r Paragraph 1Q, above, remain unresolved, the term of the Decree shall be automatically extended until such time !IS all such
MISCELLANEOUS PROVISIONS
,.,_,.",,:,"h,,, ... K,,,_,.,,,v . ' .,5 __ ...... A"" _,~~" ".1. ,'.......... ,~
18. The terms of this Oecree are ane! Shall qe binding upon the present <tnd future
represent<ttives, agents, directors, officers, assigns ane! sUc<;llssorg ofPicil:us. 19. lf any provision(s) ofthe DeGree <tIe f9Ulld t9 be Ilnlawf\Il, only such
provision(s) shall be seven~d, and the remainder shall remllill ill full force !lnd effect. ::;0. Whell the Oecree requires the submission bv Oefendant of reports, notices or
other materials to the EEOC, they shall be m'liled to; FiRkus S!l.tthlment, Equal Employment Opportunity Comrnissipn, Chica!,lo Qistript offiCe, ~QQ West Ma~!ison Stre<;lt, Suite 2800, Chicago, Illinois 60661.
8

ENTER
The Honor&ble Judge Darrah United States District Court
For the Equal Employment Opportunity Commission IS01 L Street, N.W. Washington, D.C. 20507
Nicholas M. Im:eo Acting General Counsel
Gwendolyn Young Reams Assogiat~ G!<nerijl C;\lIms~1
}":gual Emplqyment OPPOrtl!nity CO\11mission 500 West Madison Street Sl!ite 2800 Chicago, Illinois 60661 (312) 353-7649
John C.·H,:mdiickson Regional Attorney

Date:
For Pickus Construction Co.
Name'~~~~~~~_ Title:~~~~~~~~

GregoryOpchiriour Sl!pervisory Trial Attorney

Deborah Hamilton Trial Attorney

9

EXHIBIT A

.. , .

.\".("-

RELEASE AGREEMENT

I, _ _ _ _ _--', for and in consideration of the sum of ____ payable to me

pursuant to the terms of the Consent Decree entered by the Court in EEOC v. Pickus Contr.

Co., Case No. 02C 4976 on behalf of myself, my heirs, assigns, executors, and agents, do

hereby forever release, waive, remise, acquit, and discharge Pickus Construction & Equipment

Co., Inc. ("Pickus"), and all past and present shareholders, officers, agents, employees, and

representatives of Pickus, as well as all successors and assignees of Pickus, from any and all

claims and gaVSes of !ictiQn of finy kind which I now lU\V\l or "Ver haye had unqer l)ti¥ VIl of

thll Civil Rights Act of 1964, as !imlmded, 44 U.S.C. § ZOOOc et seq as a result of or arising

from the subject natter and claims which were or which could have been asserted in EEOC v.

PickusConstr. Co., Case No. 02C 4976.

Date

10

EXHffiITB

. ;,

'"'''.'''

NOTICE TO ALL PICKUS EMPLOYEES and OTHER EMPLOYEES WORKING ON A PICKUS JOB SITE

This Notice is being posted pursuant to a Consent Decree entered by the federal court in EEOC v. Pickus Constr. Co., Case No. 02C 4976 resolving a lawsuit filed by the Equal Employment Opportunity Commission ("EEOC") against Pickus Construction & Equipment Co. ("Pickus").

In its suit, the EEOC alleged that Pickus discriminated against females working on a Pickus construction project by subjecting them to a sexually hostile work environment and by failing to take prompt action to remedy the environment. Pickus denied these allegations.

To resolve the case, Pickus and the EEOC have entered into a Consent Decree which provides, among other things, that:

I) Pi~1$'.us will pay lPQnet;u-y compen~~tion ts) lWQ female employees.

2) pjclq.js will not discriminate on tlw ba~is of a.n employee's sex and will not subject its employees or female workers. on its job sites to a sexually hostile work environment.

3) Pickus will not retaliate against any person because (s)he opposed any practice made unlawful by Title VII, filed a Title VII charge of discrimination or participated in any Title VII proceeding;

4) Pickus will affirm and distribute to all Pickus employees a policy against sex discrimination and will provide training regarding sex discrimination and its policy against sex discrimination;

The EEOC enforces the federal laws against discrimination in employment on the basis of race, color, religion, national origin, sex, age or disability. If you believe you ha.ve been di~criminated against, you may follow the complaint procedure in Pickus's non,discrilPinMion and anti,harassment policy and you may contact the EEOC at (312) 353,8195. The EEOC charges no fees and has a TTD number.

THIS IS AN OFFICIAL NOTICE AND MUST NOT BE DEFACED BY ANYONE

This Notice must remain posted for two years from the date below and must not be altered, defaced of covered by any other material. Any questions about this Notice or compliance with its terms may be directed to: Pickus Settlement, EEOC, 500 West Madison Street, Suite 2800, Chicago, IL 60661.

Date

Judge Darrah

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LEVIN, TERMED
United States District Court Northern District of Illinois - CM/ECF LIVE, Ver 3.0 (Chicago)
CIVIL DOCKET FOR CASE #: 1:02-cv-04976

EEOC v. Gurtz Elec Co &, et al Assigned to: Hon. John W. Darrah Demand: $0 Cause: 42:2000e Job Discrimination (Employment)

Date Filed: 07/15/2002 Date Terminated: 03/01/2004 Jury Demand: None Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

Plaintiff
Equal Employment Opportunity Commission

represented by Beth A. Miller Pontikes & Garcia 111 West Washington Street Suite 1221 Chicago, IL 60610 (312) 464-1440 TERMINATED: 01/16/2003 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Deborah Lois Hamilton Equal Employment Opportunity Commission 500 W. Madison Street 2800 Chicago, IL 60661 (312)353-7722 Email: deborah.hamilton@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Gregory M. Gochanour United States Equal Employment Opportunity Commission 500 West Madison Street Suite 2800 Chicago, IL 60661 (312) 886-9124 Email: gregory.gochanour@eeoc.gov ATTORNEY TO BE NOTICED

John C. Hendrickson United States Equal Employment Opportunity Commission 500 West Madison Street Suite 2800

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V. Defendant Pickus Construction & Equipment Company, Inc.
Defendant Gurtz Electric Co

Chicago, IL 60661 (312) 353-8551 Fax: (312) 353-8555 Email: john.hendrickson@eeoc.gov ATTORNEY TO BE NOTICED
represented by Allen William Dub Klein, Dub & Holleb, Limited 660 LaSalle Place Highland Park, IL 60035 (847) 681-9100 Email: awd@labor-law.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Louis W. Brydges, Jr. Law Offices of Louis W. Brydges Jr., P.C. 5465 Grand Avenue Suite 100 Gurnee, IL 60031 (847)855-6700 TERMINATED: 03/12/2003 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Michael Adam Paull Klein, Dub & Holleb, Limited 660 LaSalle Place Highland Park, IL 60035 (847) 681-9100 Email: map@labor-law.com ATTORNEY TO BE NOTICED
represented by Sidney E. Morrison Berger, Newmark & Fenchel, P.C. 303 West Madison Street 23rd Floor Chicago, IL 60601-1199 (312) 782-5050 Email: smorrison@bnf-law.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Frank T. Davenport Berger, Newmark & Fenchel, P.C.

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303 West Madison Street 23rd Floor Chicago, IL 60601-1199 (312) 782-5050
Howard Marks Berger, Newmark & Fenchel, P.C. 303 West Madison Street 23rd Floor Chicago, IL 60601-1199 (312) 782-5050 Email: hmarks@bnf-law.com ATTORNEY TO BE NOTICED
Lynn Luchesse-Soto Berger, Newmark & Fenchel, P.C. 303 West Madison Street 23rd Floor Chicago, IL 60601-1199 (312) 782-5050

Date Filed 07/15/2002
07/24/2002 08/09/2002 09/12/2002 09/12/2002 09/17/2002 09/26/2002 10/02/2002
12/02/2002

#

Docket Text

1 COMPLAINT - jury demand - Civil cover sheet - Appearance(s) of John C. Hendrickson, Gregory M. Gochanour, Beth A. Miller as attorney(s) for plaintiff ( no summons summons(es) issued.) ( Documents: 1-1 through 1-3) (yap) Modified on 07/15/2002 (Entered: 07/15/2002)
2 WAIVER of service of summons as to defendant Gurtz Electric Co sent on 7/16/02. (yp) (Entered: 07/25/2002)
SCHEDULE set on 8/9/02 by Hon. John W. Darrah : Status hearing set to 9:00 9/17/02 . Mailed notice (wah) (Entered: 08/09/2002)
3 ATTORNEY APPEARANCE for defendant by Sidney E. Morrison, Howard Marks, Frank T. Davenport, Lynn Luchesse-Soto. (yp) (Entered: 09/13/2002)
4 ANSWER by defendant [1-1]; Notice. (yp) (Entered: 09/13/2002)
SCHEDULE set on 9/17/02 by Hon. John W. Darrah : Status hearing held and continued to 9:00 10/2/02 . Mailed notice (ldg) (Entered: 09/17/2002)
5 ATTORNEY APPEARANCE for defendant Pickus Constr & by Louis W. Brydges Jr.; Notice. (yp) (Entered: 09/27/2002)
SCHEDULE set on 10/2/02 by Hon. John W. Darrah : Status hearing held. Discovery ordered closed on 4/1/03 . Pretrial conference set to 11:00 7/2/03. Jury trial set to 10:00 8/11/03 . Mailed notice (ldg) (Entered: 10/03/2002)
6 MOTION by defendant Pickus Constr & for leave to file instanter answer and affirmative defenses to complaint ; Notices. (lc) (Entered: 12/03/2002)

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12/02/2002
01/09/2003 01/09/2003 01/16/2003 01/22/2003 01/22/2003 01/22/2003 03/04/2003 03/06/2003 03/06/2003 03/06/2003 03/12/2003
03/13/2003 06/10/2003 06/17/2003 03/01/2004

7 MINUTE ORDER of 12/2/02 by Hon. John W. Darrah : Defendant, Pickus Construction and Equipment Company's motion for leave to file instanter answer and affirmative defenses to complaint is granted [6-1]. No court appearance is required on 12/04/02. Mailed notice (lc) (Entered: 12/03/2002)
8 MOTION by plaintiff for substitution of counsel ; Notice. (gcy) (Entered: 01/21/2003)
10 ATTORNEY APPEARANCE for plaintiff by Deborah Lois Hamilton (gcy) (Entered: 01/21/2003)
9 MINUTE ORDER of 1/16/03 by Hon. John W. Darrah: Plaintiff's motion for substitution of counsel is granted [8-1]. Ms Deborah L. Hamilton is new counsel substituted for Ms. Beth Miller. Mailed notice (gcy) (Entered: 01/21/2003)
NOTICE by defendant Pickus Constr & and Equipment Company's counsel of change of address (Original in case file 02 cv 2919) (yap) (Entered: 01/23/2003)
11 NOTICE of filing by defendant Pickus Constr & Equipment Company's counsel of change of address [0-1] (yap) (Entered: 01/23/2003)
NOTICE by defendant Pickus Constr &'s counsel of change of address. (Original in 02C1975) (air) (Entered: 01/27/2003)
16 JOINT MOTION by plaintiff EEOC and defendant Gurtz Elec Co for entry of consent decree (Attachment); Notice. (jmp) (Entered: 03/14/2003)
12 ATTORNEY APPEARANCE for defendant Pickus Constr & by Allen William Dub, Michael Adam Paull (eav) (Entered: 03/10/2003)
13 MOTION by Allen W. Dub and Klein Dub & Holleb, Ltd. for substitution of attorneys ; Notice (las) (Entered: 03/13/2003)
14 SUBSTITUTION of attorneys by Pickus Constr & (las) (Entered: 03/13/2003)
15 MINUTE ORDER of 3/12/03 by Hon. John W. Darrah : Defendant Pickus Contruction's motion for substitution of attorneys is granted [13-1]. Attorney Louis W. Brydges Jr. is withdrawn and attorneys Allen W. Dub and Michael A. Paull are substituted attorneys for Pickus Constr & and Equipment Company. Mailed notice (las) (Entered: 03/13/2003)
17 MINUTE ORDER of 3/13/03 by Hon. John W. Darrah : EEOC's and Gurtz Electric Co's joint motion for entry of consent decree is granted [16-1]. (Entered Consent Decree). Mailed notice (jmp) (Entered: 03/14/2003)
18 JOINT MOTION by plaintiff EEOC and defendant Pickus Constr for entry of consent decree (Attachments); Notice (rmm) (Entered: 06/18/2003)
19 MINUTE ORDER of 6/17/03 by Hon. John W. Darrah: EEOC and Pickus Construction's joint motion for entry of consent decree is granted [18-1] (Entered consent decree (Attachments)). Mailed notice (rmm) (Entered: 06/18/2003)
20 MINUTE ORDER of 3/1/04 by Hon. John W. Darrah : Consent decree having been entered on 06/17/03, this case is hereby closed. [19-1] Terminating case. Mailed notice (hp) (Entered: 03/02/2004)

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Transaction Receipt

08/22/2007 12:35:43

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Client Code: eeoc

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 EEOC LITIGATION SETTLEMENT REPORT - APRIL 2003

http://www.eeoc.gov/litigation/settlements/settlement06-03.html

EEOC v. Gurtz Electric Co. and Pickus Construction & Equipment Co. No. 02 C 4976 (N.D. Ill. March 13, 2003 and June 17, 2003)
In this Title VII lawsuit, the Chicago District Office alleged that defendant Gurtz, an electrical subcontractor, and defendant Pickus, a general construction contractor, subjected female workers to a sexually hostile work environment. The complaint alleged that Pickus and Gurtz permitted sexually explicit and offensive graffiti about women in portable toilets and in other areas of the construction site and ignored sexually offensive remarks made to charging party, a female electrician employed by Gurtz, who was an explicit target of some of the graffiti. In March 2003, the claims against Gurtz were resolved through a consent decree which provides for payment of $50,000 in compensatory damages to the charging party. Gurtz also agreed that it will not engage in any employment practice which discriminates on the basis of sex. In June, Pickus agreed to a consent decree which provides for payment of $29,750 in compensatory damages to two female claimants ($23,750 to charging party and $6,000 to another female claimant) and permanently enjoins the company from engaging in any employment practice which discriminates on the basis of sex. Gurtz and Pickus also agreed to adopt revised sexual harassment policies that specifically prohibit sexual graffiti and Pickus agreed to provide a copy of the revised policy to each of its subcontractors at the time it signs a subcontracting agreement.

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