Case 1:04-cv-02706 Document 17 Filed 12/13/2004 Page 1 of 14

MillUle Otdl!r Form (06/97)

United States District Court, Northern District of Illinois

Name of Assigned Judge or Magistrate Judge

Geraldine Soat Brown

Sit~in.g Judge if Other than Assigned Judge

CASE NUMBER

04 C 2706

---.-~-~

DATE

1211312004

CASE TITLE
MOTION:

Equal Employment Opportunity Commission vs. Regal-Beloit Corporation
[In the following box (a) indicate the party filing the motion, e.g., plaintiff, defendant, 3rd party plaintiff, and (b) state briefly the nature of the motion being presented.]

DOCKET ENTRY:

(I) o

Filed motion of [use listing in "Motion" box above.]

(2) o

Brief in support of motion due ___'

(3) o

Answer brief to motion due___, Reply to answer brief due___,

(4) o

Ruling/Hearing on _ _ _ set for _ _ _ at _ __

(5) o

Status hearing(heldlcontinued to] (set for/re-set for] on _ _ _ set for _ _ _ at _ _ _'

(6) o

Pretrial conference[heldlcontinued to] [set for/re-set for] on _ _ _ set for _ _ _ at _ __

(7) o

Trial[set for/re-set for] on _ _ _ at _ _ _.

(8) o

[Bench/Jury trial] [Hearing] held/continued to ___ at ___.

(9) o

This case is dismissed [with/without] prejudice and without costs[by/agreementJpursuant to]
o FRCP4(m) 0 Local Rule 41.1 0 FRCP41(a)(I) 0 FRCP41(a)(2).

(10).

[Other docket entry] The parties having reached a binding settlement agreement, this case is

dismissed with prejudice, with the Court to retain jurisdiction to enforce the Consent Decree for a period

of two (2) years from the entry of the Consent Decree. Enter Consent Decree. Terminate case,
~r~

• (11)

[For further detail see order attached to the original minute order.]

t--
7
t-t-t-t--

No notices required, advised in open court. No notices required. Notices mailed by judge's Slaff. Notified counsel by telephone. Docketing to mail notices. Mail AO 450 fonn, Copy to judge/magistrate judge,

courtroom

OR

deputy's

initials

il' "J":,"J D01 ('7,'"I•'"O.! ,,;,("j

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Date/time received in

central Clerk's Ofilce

number oi"llotices
11.113/2004 date mailed notice
GR
mailing deputy illilia/s

Case 1:04-cv-02706 Document 17 Filed 12/13/2004 Page 2 of 14

IN THE UNITED STATESDI8TRICT COURT FOR THE NORTHERN~DiS'fRICT OF ILLINOIS
EASTERN .DIVISION

Ul'IlITED STATES EQUAL EMPLOYMENT )

OPPORTUNITY COMMISSION,

)

)

Plaintiff,

)

)

v.

)

)

REGAL-BELOIT CORPORATION,

)

)

Defendant.

)

)

No.04-C-2706 Magistrate Judge Brown

, ,,,,',-,,~-.,,.C',-
CONSENT DECREE THE LITIGATION
1. Plaintiff Equal Employment Opportunity Commission (the "EEOC") fIled a Complaint in this action alleging that since at least 1998, Defendant, Regal-Beloit Corporation ("Defendant" or "Regal"), violated Section 703(a) of Title VII of the Civil Rights Act of 1964, as amended ("Title VII"), 42 U.S.c. § 2000e-2(a), by discriminating against Charging Party Christopher Nowak ("Nowak") on the basis of his national origin, and a class of former employees ("the . claimants") on the basis of race and national origin. Specifically, the EEOC alleged that Defendant, at its Foote-IoneslIllinois Gear production facility located in Chicago, Illinois, violated Title VII by fostering or tolerating a hostile working environment on account of race and national origin. Regal denies these allegations. Nothing in this Consent Decree should be construed as an admission by any party regarding liability or non-liability.

Case 1:04-cv-02706 Document 17 Filed 12/13/2004 Page 3 of 14
2. In the interest of resolving this matter, and as a result of having engaged in comprehensive settlement negotiations, the parties have agreed that this action should be finally resolved by entry ofthis Consent Decree (hereafter "Decree"). This Decree fully and finally resolves any and all issues and claims arising out of the Complaint filed by the EEOC in this action.
FINDINGS 3. Having carefully examined the terms and provisions ofthis Decree, and based on the pleadings, record, and stipulations ofthe parties, the Court finds the following:
a. This Court has jurisdiction of the subject matter of this action and over the persons of the parties.
b. The terms ofthis Decree are adequate, fair, reasonable, equitable, and just. The rights of the parties, Nowak, and the otherclaimants, and the public interest are adequately protected by this Decree.
c. This Decree conforms with the Federal Rules of Civil Procedure and Title VII and is not in derogation of the rights or privileges of any person. The entry of this Decree will further the objectives ofTitle VII and will be in the best interests ofthe parties, Nowak, and the other claimants, and the public.
NOW, THEREFORE, IT IS ORDERED, ADJUDGED AND DECREED THAT: NON-DISCRIMINATION
4. Regal, its officers, agents (including management personnel), successors, and assigns are enjoined from discriminating on the basis of national origin or race.
2

Case 1:04-cv-02706 Document 17 Filed 12/13/2004 Page 4 of 14

NON-RETALIATION

5. Regal, its officers, agents, employees, successors, assigns and all persons acting in

concert with it shall not engage in any form ofretaliation against any person because such person has

opposed 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 under

Title VII, or asserted any rights under this Decree.

MONETAR'YSETTLEMENT

6. Regal agrees to pay a total of$50,000 in settlement to Nowak and the other claimants

for whom the EEOC seeks relief listed below as. alleged damages. None of the money shall be

considered compensation for lost wages, s() no withholdings shall be made from the monetary

amount. Regal will issue IRS Form 1099's with respect to the money paid. The division ofthe total amount among the claimants has been at the ~olediscretion ofthe EEOC, subj ect to Court approval.

In exercising such discretion, EEOC took into account the evidence and information available to it

through the investigation and litigation of this matter. Regal had no part in determining how the

monetary settlement was divided among the.claimants. The division is as follows:

Claimant

'-....-~-"

Amount

1

Christopher Nowak $40,000

2

Analdez Pedraza··_··"··· $5,000

3

Morgan Hinckley

$5,000

3

Case 1:04-cv-02706 Document 17 Filed 12/13/2004 Page 5 of 14

7. Within five (5) business days after receipt by Regal of a Release Agreement in the

format of Exhibit A from a claimant, Regal shall issue and mail by certified mail to each such

claimant, a certified or cashier's check payable to the order of such claimant to the addresses

provided by the EEOC, in settlement for damages alleged in this case by the EEOC, with a copy to

the EEOC. In the event that a check is deemed undeliverable, Regal shall advise the EEOC. The

EEOC shall then have an additional sixty (60) days to provide an alternative address for the mailing

of such check. No portion of the monetary relief provided for by this Decree shall revert to Regal.

POSTING OF NOTICE

8. Within ten (10) business days after entry of this Decree, Regal shall post same-sized

copies of the Notice attached as Exhibit C to this Decree on bulletin boards usually used by Regal for

communicating with employees at its Illinois .GearlFoote Jones production facility in Chicago,

Illinois. The Notice shall remain posted for one (1) year from the date of entry ofthis Decree. Regal

shall take all reasonable steps to ensure that the posting is not altered, defaced or covered by any

other material. Regal shall certify to the EEOC inwriting within ten (10) business days after entry of

the Decree that the Notice has been properly posted. Regal shall permit a representative of the

EEOC to enter Regal's premises for the sole purpose of verifying compliance with this Paragraph at

any time during normal business hours without prior notice.
RECORD KEEPING

9.

For a period of one (I) year following entry ofthis Decree, Regal shall maintain and

make available for inspection and copying by the EEOC records of each complaint of harassment

based on race or national origin or of any raciaUncident occurring in its Chicago, Illinois production

facility. Such report shall indicate the date the complaint was made, who made it, what was alleged,

and what actions the Defendant took to resolve the matter. Regal shall instruct all supervisory

4

Case 1:04-cv-02706 Document 17 Filed 12/13/2004 Page 6 of 14

personnel that all complaints of race or national origin harassment are to be recorded and reported to

appropriate personnel at Regal.

10. Regal shall make all documents.ouecords referred to in Paragraph 9, above, available

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

Regal shall make available for interview all persons within its employ whom the EEOC reasonably

requests for purposes of verifying compliance with this Decree and shall permit a representative of

the EEOC to enter Regal's premises solely for such purposes on five (5) business days advance

written notice by the EEOC. 11. Nothing contained in this D~~reeshall be construed to limit any obligation Regal may

otherwise have to maintain records under Title VII or any other law or regulation.

REPORTING

12. Regal shall furnish to the EEOC the following written reports semi-annually for a

period of one (I) year following entry of this Decree. The first report shall be due six (6) months

after entry ofthe Decree. The final report shall be due twelve (12) months after entry ofthe Decree.

Each such report shall contain:

a. A summary of the information recorded by Regal pursuant to Paragraph 9,

including contact information for any complainingemployee; and,

b.

A certification by Reg~(that the Notice required to be posted in Paragraph 8,

above, remained posted during the entire .six (6) month period preceding the report; and a

certification that all supervisory personnel haVe received necessary instructions and training to assure

that the reporting requirements set out in Paragraph 9, above, are complied with.

5

Case 1:04-cv-02706 Document 17 Filed 12/13/2004 Page 7 of 14
TRAINING
13. Defendant shall provide training on the requirements of Title VII on the following terms:
a. Defendant's Vice President of Administration and Human Resources shall provide training with respect to diversity and inclusion in the workplace, including national origin and racial harassment and with respect to the prevention ofsuch harassment, using instructional materials provided by Advanced Training Source.
b. The training will be prOYided to all Regal employees at Regal's Chicago, Illinois facility, including temporary employees employed at the time of the training, and including human resources personnel and to any Regal employees to whom they report even ifthose employees are located outside of the Chicago facility. Aregistry of attendance shall be retained by Regal for the duration of the Consent Decree.
c. Regal shall first provide training in accordance with Paragraph 13(a) within ninety (90) calendar days of the entry of this Consent Decree. Regal shall then also provide such training on at least one occasion in calendar year 2006.
14. Regal shall obtain the EEOC's approval of its proposed trainer prior to each set of training sessions. Regal shall submit the name, address, telephone number and resume of the proposed trainer, together with the date(s) of the proposed training sessions to the EEOC within
thirty (30) calendar days prior to the first day .ofthe proposed date(s) oftraining. The EEOC shall
have fifteen (15) calendar days from the date ofreceipt ofthe information described above to accept or reject the proposed trainer(s) by writtennOtketo Regal. In the event the EEOC does not approve Regal's designated trainer(s), Regal shall have fifteen (15) calendar days to identify an alternate
trainer. The EEOC shall have fifteen (15)c:al~iidar days from the date of receipt of the information
6

Case 1:04-cv-02706 Document 17 Filed 12/13/2004 Page 8 of 14
described above to accept or reject the alternate trainer. In the event the EEOC does not approve Regal's alternate trainer, the EEOC shall designate the trainer to be retained and paid for by Regal.
15. Regal agrees to provide the EEOC with any and all copies of pamphlets, brochures, outlines or other written materials provided to the participants ofthe training sessions. Even though the EEOC has approved of or designated a trainer for one training session, it is not required to approve of or designate the same trainer for a subsequent training session.
16. Regal shall certify to the EEOtIn writing within five (5) business days after the trainings have occurred that the training has taken place and that the required personnel have attended. Such certification shall include: (i) the dates, location and duration of the trainings; (ii) a copy of the registry of attendance, which shaU include the name and position of each person in attendance; and (iii) a listing of all current employees, including temporary employees, as ofthe date of the training.
DISPUTE RESOLUTION 17. In the event that either party to this Decree believes that the other party has failed to comply with any provision(s) ofthe Decree, the20niplaining party shall notify the other party ofthe alleged non-compliance in writing withinnjnety (90) days of the alleged non-compliance and shall afford the alleged non-complying party ten (10) business days to remedy the non-compliance or to satisfy the complaining party that the alleged non-complying party has complied. Ifthe alleged noncomplying party has not remedied the alleged non,compliance or satisfied the complaining party that it has complied within ten (10) business days, the complaining party may apply to the Court for appropriate relief.
7

Case 1:04-cv-02706 Document 17 Filed 12/13/2004 Page 9 of 14
DURATION OF THE DECREEANffimTENTION OF JURISDICTION 18. All provisions of this Decree shaiibe.in effect (and the Court will retain jurisdiction ofthis matter to enforce this Decree) for a period oftwo (2) years immediately following entry ofthe Decree, provided, however, that if, at the endof the two (2) year period, any disputes under Paragraph 17, above, remain unresolved, the term ofthe Decree shall be automatically extended (and the Court will retain jurisdiction ofthis matter for the sole purpose of enforcement of the Decree) until such time as all such disputes under Paragraph 17, above, have been resolved.
MISCELLANEOUS PROVISIONS 19. Each party to this Decree shall bear its own expenses, costs and attorneys' fees. 20. The terms of this Decree are and. shall be binding upon the present and future representatives, agents, directors, officers, assigns, and successors of Regal in their capacities as representatives, agents, directors and officersofRegal, and not in their individual capacities. This paragraph shall not be construed as placingahy limit on remedies available to the Court in the event that any individual is found to be in contempt for a violation of this Decree. 21. When this Decree requires the submission by Regal ofreports, certifications, notices, or other materials to the EEOC, they shall be mailed to: Regal Settlement, c/o Ethan M. M. Cohen, Trial Attorney, Equal Employment Opportunity Commission, 500 West Madison Street, Suite 2800, Chicago, Illinois, 60661. When this Decree requires submission by the EEOC ofnotices or materials to Regal, theyshalJ be mailed to: JeffreyP. Clark, Attorney, Reinhart Boerner Van Deuren s.c.,1000 North Water Street, P.O. Box 2965, Milwaukee, Wisconsin 53201-2965.
8

Case 1:04-cv-02706 Document 17 Filed 12/13/2004 Page 10 of 14

·. J:(jrthe EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 1801 L Street, N.W. Washington, D.C. 20507
Eric Dreiband General Counsel
Gwendolyn Young Reams Associate General Counsel
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

For Regal-Beloit Corporation:
JeJvJfy/. ~
Reinhart Boerner Van Deuren s.c. 1000 North Water Street, P.O. Box 2965 Milwaukee, Wisconsin 53201-2965

Trial Attorney

. DATE: L0(""",,Q,wI.2,, t/oa'i ENTER:

~f1B..r.o~wn ~ United States District Magistrate Judge

9

Case 1:04-cv-02706 Document 17 Filed 12/13/2004 Page 11 of 14
EXHIBIT A RELEASEAGREEMENT I, XXXXXXXXX¥, for and in consideration of my receipt of the settlement sum of $XYXOOO.OO, payable to me pursuant to thete(llls of the Consent Decree entered by the Court in EEOC v.Regal-Beloit Corporation, No. 04 C 2706 (N.D. Ill.), on behalf of myself, my heirs, assigns, executors, and agents, do hereby forever release, waive, remise, acquit, and discharge Regal-Beloit Corporation ("Regal"), and all past and present shareholders, officers, agents, employees, and representatives of Regal, aswell as all successors and assignees of Regal, from any and all claims and causes of action of any kind which I now have or ever have had under Title VII of the Civil Rights Act of 1964, as.amended, 42 U.S.C. § 2000e et seq., and Title Iof the Civil Rights Act of 1991,42 U.S.C. §1981a,as a result of or arising from the subject matter and claims which were or which could have been asserted in EEOC v. v.Regal-Beloit Corporation, No. 04 C 2706.
Date
10

Case 1:04-cv-02706 Document 17 Filed 12/13/2004 Page 12 of 14

_ _ _ _ _ _ _ _"2004
xxxxxxxxxxx
XXXXXXXXXXX XXXXX,XXXXX

EXHIBITB

Re: EEOC v. Regal-Beloit Corporation, Civil Action No. 04 C 2706 No. 04 C 2706 (N.D. Ill.)

Dear Mr. XXXXXXXXX:

A Consent Decree resolving the abovecreferenced lawsuit was signed by the parties and

entered by the Court on

,2004. Pursuant to the terms of the Consent Decree,

enclosed you will find a copy of a Release tobe signed by you.

In order to obtain any monetary settlement payment under the Consent Decree in this case, you must sign the Release and return it tome. Please mail the signed Release to me as soon as possible at the following address:

Ethan M. M. Cohen Equal Employment Opportunity Conunission 500 West Madison Street Suite 2800 Chicago, Illinois 60661

I have enclosed a pre-addressed envelope for your convenience. You may, of course, wish to make and keep a copy of the signed Release for your own records.

If you have any questions about the Release or cannot sign and return the enclosed documents within seven days, please contac(me at (312) 353-7568.

Sincerely,

Encls.

Ethan M. M. Cohen Trial Attorney

11

,

Case 1:04-cv-02706 Document 17 Filed 12/13/2004 Page 13 of 14

EXHIBITC
NOTICE TO ALL Regal EMPLOYEES
. This Notice is being posted pursuanttoa Consent Decree entered by the federal court in EEOC v.Regal-Beloit Corporation, Civil ActIon No. 04 C 2706 (N.D. Ill.), resolving a lawsuit . filed by the Equal Employment OpportunitY Commission ("EEOC") versus Regal-Beloit Corporation ("Regal"). Nothing in this Consent Decree should be construed as an admission by any party regarding either liability or non-liability.
In its suit, the EEOC alleged that Regal fostered or tolerated a working enviromnent that was hostile to certain employees on the basis,oftheir national origin or race, in violation of Title VII of the Civil Rights Act of 1964 ("Title VII"). Regal denies these allegations.
To resolve the case, Regal and the EEOC entered into a Consent Decree which provides, among other things, that:
1) Regal paid a monetary settlement to certain former employees;
2) Regal will not discriminate on.the basis of national origin or race in the future;
3) Regal will not retaliate against any person because he or she opposed any practice made unlawful by Title VII, filed a Title VII charge of discrimination, participated in any Title VII proceeding, or asserted any rights under the Consent Decree;
or The EEOC enforces the federallawsagainst discrimination in employment on the basis of
race, national origin, color, religion, sex, age disability. If you believe you have been discriminated against, you may contact the EEOC at (312) 353-8195. The EEOC charges no fees . and has employees who speak languages other than English. If you believe you have been discriminated against you may contact the EEOC.
THIS IS AN OFFICIAL NOTICE AND MUST NOT BE DEFACED BY ANYONE
This Notice must remain posted for one year from the date below and must not
be altered, defaced or covered by anyother material. Any questions about this Notice or compliance with its terms may be directed to: Regal Settlement, EEOC, 500 West Madison Street; Suite 2800, Chicago, Illinois 60661.

Date

The Honorable Geraldine Soat Brown ....•District Magistrate Judge
12

Case 1:04-cv-02706 Document 17 Filed 12/13/2004 Page 14 of 14
NOTICE TO ALL REGAL EMPLOYEES
This Notice is being posted pursuanUoa Consent Decree entered by the federal court in "EEOC v.Regal-BeloitComoration, Civil ACiiQJ1No. 04 C 2706 (N.D. I1l.), resolving a lawsuit filed by the Equal Employment Opportunity Conn:irission ("EEOC") versus Regal-Beloit Corporation ("Regal"). Nothing in this Consent Decree should be construed as an admission by any party regarding either liability or non-liability.
In its suit, the EEOC alleged that Regal fostered or tolerated a working environment that was "hostile to certain employees on the basis of their national origin or race, in violation of Title VII of 'the Civil Rights Act of 1964 ("Title VII"). Regal denies these allegations.
To resolve the case, Regal and the EEOC entered into a Consent Decree which provides, among 0 ther things, that:
1) Regal paid a monetary settlement to certain former employees;
2) Regal will not discriminate on the basis of national origin or race in the future;
3) Regal will not retaliate againstany person because he or she opposed any practice made unlawful by Title VII, 'filed a Title VII charge of discrimination, participated in any Title VII proceeding, or asserted any rights under the Consent Decree;
The EEOC enforces the federal laws against discrimination in employment on the basis of race, national origin, color, religion, sex,.. ,age or disability. If you believe you have been discriminated against, you may contact the EEOC at (312) 353-8195. The EEOC charges no fees and has employees who speak languages other than English. If you believe you have been ,discriminated against you may contact the EEOC.
THIS IS AN OFFICIAL NOTICE AND MUST NOT BE DEFACED BY ANYONE
This Notice must remain posted fortine year from the date below and must not be altered, defaced or covered by any other material. Any questions about this Notice or compliance with its terms may be directed to: Regal Settlement, EEOC, 500 West Madison Street, Suite 2800, Chicago, Illinois 60661.
Lu.~k~
!TIleHonorabIeeraldine Soat Brown District Magistrate Judge

 
 Case 1:04-cv-02706 Document 1 Filed 04/15/2004 Page 1 of 7

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

UNITED STATES EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,

Plaintiff,

v.

tlDelHiD

REGAL-BELOIT CORPORATION, IWR 1 5 2004-

Defendant.

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 ofthe Civil Rights Actofl991, 42 U.S.C. § 1981a, to correct unlawful employment practices based on national origin, race and retaliation and to provide appropriate relief to Christopher Nowak ("Charging Party" or "Nowak") and a class of similarly situated employees who were adversely affected by such practices. Regal-Beloit Corp. ("Regal" or "Defendant") discriminated against Charging Party and a class of employees at Defendant's FooteJones I Illinois Gear manufacturing facility located in Chicago, Illinois because of their national origin or race by maintaining a hostile and offensive work environment. Defendant also discriminated against Nowak by retaliating against him for opposing employment practices made unlawful by Title VII.
JURISDICTION AND VENUE 1. Jurisdictionofthis Court is invoked pursuant to 28 U.S.c. §§451, 1331,1337,1343
md 1345. lb. "I'on. 'oID"""" md '"ti""" ,=tlo Soction 706(0(1) md (3)run! ~ti\

Case 1:04-cv-02706 Document 1 Filed 04/15/2004 Page 2 of 7
707(e) of Title VII, 42 U.S.C. § 2000e-5(f)(I) and (3) and §2000e-6(e). 2. The employment practices alleged to be unlawful were committed within the
jurisdiction ofthe United States District Court for the Northern District ofIllinois, Eastern Division. 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 ofTitle VII and is expressly authorized to bring this action by Section 706(f)(1) and (3) and Section 707(e) ofTitle VII, 42 U.S.C. § 2000e-5(f)(1) and (3) and §2000e-6(e).
4. At all relevant times, Defendant, a Wisconsin corporation, has been continuously doing business in the City ofChicago, State ofIllinois, and has continuously had at least fifteen (15) employees.
5. At all relevant times, Defendant has 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 6. More than thirty (30) days prior to the institution ofthis lawsuit, Charging Party filed a charge with the Commission alleging violations of Title VII by Regal. All conditions precedent to the institution of this lawsuit against the Defendant have been fulfilled. 7. Defendant engaged in unlawful employment practices at its Chicago, Illinois facility, in violation of Sections 703(a) ofTitle VII, 42 U.S.C. §§ 2000e-2(a). Such unlawful employment practices include, but are not limited to:
2

Case 1:04-cv-02706 Document 1 Filed 04/15/2004 Page 3 of 7
A. Since at least 1998, discriminating against Charging Party because of his national origin (Polish) by subjecting him to harassment consisting of ethnic and racial slurs and creating and maintaining an abusive and hostile work enviromnent.
B. Since at least 1998, discriminating against a class of employees because of their national origin (including but not limited to Hispanic) or race (including but not limited to Black) by subjecting them to harassment consisting of ethnic and racial slurs and creating and maintaining an abusive and hostile work enviromnent.
C. Since at least 1999, discriminating against Charging Party by subj ecting him to increased harassment because ofhis opposition to employment practices made unlawful by Title VII, specifically, for participating in the investigation ofa Charge of Discrimination filed with the Illinois Department of Human Rights and for complaining to his supervisors regarding the harassment he was experiencing at work.
8. The effect ofthe aforementioned practices ofDefendant has been to deprive Charging Party and a class of employees of equal employment opportunities and otherwise adversely affect their status as employees because of their race.
9. The unlawful employment practices complained of in Paragraph 7 above were and are intentional.
10. The unlawful employment practices complained of in Paragraph 7 above were and are done with malice or with reckless indifference to the federally protected rights ofCharging Party and other employees of the Defendant.
PRAYER FOR RELIEF WHEREFORE, the Commission respectfully requests that this Court:
3

Case 1:04-cv-02706 Document 1 Filed 04/15/2004 Page 4 of 7
A. grant a permanent injunction enjoining Apollo, its officers, successors, assigns, and all persons in active concert or participation with them, from engaging in any employment practice which discriminates on the basis of national origin or race or which constitutes racial harassment, and enjoining Defendant from retaliating against any employee for opposing employment practices made unlawful by Title VII;
B. order Defendant to institute and carry out policies, practices and programs which provide equal employment opportunities regardless of national origin and race and which eradicate the effects of its unlawful employment practices;
C. order Defendant to make whole Charging Party and a class ofemployees by providing compensation for past and future pecuniary losses resulting from the unlawful employment practices described in Paragraph 7 above, in amounts to be determined at trial;
D. order Defendant to make whole Charging Party and aclass ofemployees byproviding compensation for past and future nonpecuniary losses resulting from the unlawful practices complained of in Paragraph 7 above, including emotional pain, suffering, and humiliation, in amounts to be determined at trial;
E. order Defendant to pay to Charging Party and a class ofemployees punitive damages for its malicious and reckless conduct, as described in Paragraph 7 above, in amounts to be determined at trial;
F. grant such further relief as the Court deems necessary and proper in the public interest; and
G. award the Commission its costs in this action.
4

Case 1:04-cv-02706 Document 1 Filed 04/15/2004 Page 5 of 7
(\,
JURY TRIAL DEMAND The Commission requests a jury trial on all questions of fact raised by the Complaint.
Respectfully submitted, Eric Dreiband General Counsel James Lee Deputy General Counsel Gwendolyn Young Reams Associate General Counsel
iCKson R ional Attorney
Sz~~o~c
Ethan M, M. Cohen Trial Attorney
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Chicago District Office 500 West Madison Street, Suite 2800 Chicago, Illinois 60661 (312) 353-7568
5

Civif CoveCr aSshee1e:t04-cv-02706 Document 1 Filed 04/15/2004 Page 6 of 7 Page 1 of2

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF ILLINOIS
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 of pleadings or other papers as required by law. This form is authorized for use only in the Northern District of Illinois.

Plaintiff(s): United States Equal Employment Opportunity Commission
County of Residence:
Plaintiff's Atty: Ethan M. M. Cohen US EEOC 500 W. Madison, #2800 (312) 353-7568

Defendant(s):Regal-Beloit Corporation County of Residence: Defendant's Atty:
JUDGE PALlMEYER

II. Basis of Jurisdiction: ~.S. Gov't Plaintiff
III. Citizenship of princip~lc....-""
Parties (Diversity Cases Onty) Plaintiff:- N/A
Defendant:- N/A

04C 2706
MAGISTRATE JUDGE GERALDINE SOAT BROWN

IV. Origin:

1. Original Proceeding

V. Nature of Suit:

~IOyment

VI.Cause of Action:

42 U.S.C. §2000e et seq. "Title VI'\\\\ty.,~1~\\

VII. Requested in Complaint

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Class Action:

Dollar Demand:

Jury Demand:Yes

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

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Case 1:04-cv-02706 Document 1 Filed 04/15/2004 Page 7 of 7
m------rED STATES DISTRICT COl'-r NORTHERN DISTRICT OF ILLINOIS
In the Matter of Equal Employment Opportunity Commission ("EEOC") v. Regal-Beloit Corporation

JUDGE PALLMEYER
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APPEARANCES

ARE

HEREBY

FILED

BY

THE

UNDERSIGNED

AS

ATTORNEY(S) FOR: M/'.GISTRATE

JUDG~re

Plaintiff, EEOC

GERAL[n~E ,:Ofl.T BROWN

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500 W. Madison, Suite 2800

FIRM EEOC STREET ADDRESS 500 W. Madison, Suite 2800

CITY/STATFlZIP Chicago, IL 60661

ClTY/STATFlZIP Chicago, IL 60661

TELEPHONE NUMBER (312) 353-8551

TELEPHONE NUMBER (312) 886-9124

IDENTIFICATION NUMBER (SEE ITEM 4 ON REVERSE) A.R.D.C. No. 1187583

A.R.D. C. IDENTIFICATION NUMBER (SEE ITEM 4 ON REVERSE) No. 06210804

MEMBER OF TRIAL BAR? TRIAL ATIORNEY?

X YES

0

X YES

0

MEMBER OF TRIAL BAR? TRIAL ATTORNEY?

YES

X 0 NO

YES

X 0 NO

DESIGNATED AS WCAL COUNSEL?

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NAME Ethan M. M. Cohen

FIRM EEOC

STREET AOORESS 500 W. Madison, Suite 2800

CITY/STATFlZlP Chicago, IL 60661

TELEPHONE NUMBER (312) 353-7568

IDENTIFICATION NUMBER (SEE ITEM 4 ON REVERSE) A.R.D. C. No. 06206781

MEMBER OF TRIAL BAR?

0 YES

NO

0

TRIAL ATTORNEY?

0 YES

NO

0

DESIGNATED AS LOCAL COUNSEL?

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NO

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 CM/ECF LIVE, Ver 2.5 - U.S. District Court, Northern Illinois - Docke... https://ecf.ilnd.uscourts.gov/cgi-bin/DktRpt.pl?639446162913906-L_9...
BROWN, TERMED
United States District Court Northern District of Illinois - CM/ECF LIVE, Ver 2.5 (Chicago)
CIVIL DOCKET FOR CASE #: 1:04-cv-02706

EEOC v. Regal-Beloit Corp Assigned to: Hon. Geraldine Soat Brown Demand: $0 Cause: 42:2000e Job Discrimination (Employment)

Date Filed: 04/15/2004 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

Plaintiff
Equal Employment Opportunity Commission

represented by John C. Hendrickson United States Equal Employment Opportunity Commission 500 West Madison Street Suite 2800 Chicago, IL 60661 (312) 353-8551 Fax: (312) 353-8555 Email: john.hendrickson@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Ethan M.M. Cohen United States Equal Employment Opportunity Commission 500 West Madison Street Suite 2800 Chicago, IL 60661 (312) 353-7568 Email: ethan.cohen@eeoc.gov 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

V. Defendant

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Regal-Beloit Corporation

represented by Jeffrey Paul Clark Reinhart, Boerner, Van Deuren, Norris & Rieselbach, S.C. 1000 North Water Street Suite 2100 Milwaukee, WI 53203-3400 (414) 298-1000 LEAD ATTORNEY ATTORNEY TO BE NOTICED
George N. Vurdelja, Jr. Vurdelja & Heaphy 120 North LaSalle Street Suite 1150 Chicago, IL 60602 (312) 345-2000 Email: gvurdelja@vhlaw.net ATTORNEY TO BE NOTICED
Robert K Sholl Reinhart, Boerner, Van Deuren, Norris & Rieselbach 1000 North Water Street Suite 2100 Milwaukee, WI 53202-3186 (414) 298-8097

Date Filed 04/15/2004
04/23/2004
05/05/2004 05/17/2004 06/09/2004 06/09/2004 06/16/2004

#

Docket Text

1 COMPLAINT; jury demand - Civil cover sheet - Appearance(s) of John C. Hendrickson, Gregory M. Gochanour, Ethan M.M. Cohen as attorney(s) for plaintiff EEOC ( No summons(es) issued.) ( Documents: 1-1 through 1-3). (jmp) (Entered: 04/15/2004)
SCHEDULE set on 4/23/04 by Hon. Rebecca R. Pallmeyer : Status hearing set before Judge Pallmeyer for 9:00 on 6/16/04, courtroom 2119. Mailed notice (etv) (Entered: 04/23/2004)
2 WAIVER of service of summons as to defendant Regal-Beloit Corp sent on 04/16/04. (jmp) (Entered: 05/11/2004)
3 WAIVER of service of summons as to defendant Regal-Beloit Corp sent on 04/16/04. (jmp) (Entered: 05/18/2004)
4 ANSWER by defendant to complaint [1-1]. (gcy) (Entered: 06/15/2004)
5 DISCLOSURE STATEMENT by defendant. (gcy) (Entered: 06/15/2004)
6 REFERRAL ORDER: Case referred to Hon. Geraldine Soat Brown for settlement conference. Mailed notice. (etv) (Entered: 06/16/2004)

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06/16/2004
06/18/2004
06/21/2004 07/12/2004 07/15/2004
07/19/2004 09/15/2004 11/04/2004 11/04/2004

SCHEDULE set on 6/16/04 by Hon. Rebecca R. Pallmeyer : Status hearing held and continued to 9:30 on 9/15/04. Rule 26(a)(1) disclosures by 6/30/04. Discovery ordered closed on 6/30/05. Reports from retained experts under Rule 26(a)(2) shall be due for both Plaintiff and Defendant on 4/29/05, with each side to have until 5/27/05 to serve any rebuttal expert's report on the opposing party. Plaintiff allowed until 10/15/04 to join additional parties and until 12/17/04 to amend pleadings. Defendant allowed until 11/15/04 to join additional parties and until 1/18/05 to amend pleadings. Dispositive motions due 8/15/05. Plaintiff's draft PTO by 11/1/05; Joint Final Pretrial order to be submitted on 11/15/05. Mailed notice (etv) (Entered: 06/16/2004)
7 MINUTE ORDER of 6/18/04 by Hon. Geraldine Soat Brown : This matter having been referred to Magistrate Judge Brown for a settlement conference, an initial status hearing is set before Magistrate Judge Brown at 9:00 a.m. on 07/15/04 in courtroom 1812 for the purpose of setting a date for the settlement conference. Counsel for parties shall review the enclosed Standing Order for settlement conference before appearing for the initial status hearing. Mailed notice (jmp) (Entered: 06/21/2004)
8 ATTORNEY APPEARANCE for defendant Regal-Beloit Corp by Jeffrey Paul Clark, Robert K. Sholl and George N. Vurdelja Jr.; Notice. (jmp) (Entered: 06/22/2004)
9 JOINT STATUS REPORT by parties to Magistrate Judge. (lc) (Entered: 07/14/2004)
10 MINUTE ORDER of 7/15/04 by Hon. Geraldine Soat Brown : Status hearing held. Settlement conference set for 11/04/04 at 1:30 p.m. Plaintiff shall serve its settlement letter on defendant pursuant to paragraph one of this Court's standing order for settlement conference by 09/30/04. Defendant shall serve its responsive letter to plaintiff's demand letter by 10/14/04. Plaintiff's counsel shall fax or deliver copies of the letters to this Court's chambers by 10/28/04. Notices mailed by judge's staff (hp) (Entered: 07/16/2004)
11 NOTICE by plaintiff EEOC of filing of original signature page of George N. Vurdelja, Jr. to joint status report (Attachment). (jmp) Modified on 07/26/2004 (Entered: 07/26/2004)
12 MINUTE ORDER of 9/15/04 by Hon. Rebecca R. Pallmeyer : Status hearing held and continued to 11/18/04 at 9:00 a.m. Parties to review with Magistrate Judge Brown the question of whether medical discovery is required prior to settlement conference. Mailed notice (rmm) (Entered: 09/16/2004)
13 MINUTE ORDER of 11/4/04 by Hon. Geraldine Soat Brown : Settlement conference held at which a binding settlement agreement was reached. Status hearing set for 9:45 a.m. on 12/02/2004. If the consent decree has been entered prior to the status hearing, the status will be cancelled and counsel will not be required to appear. Mailed notice by judge's staff (jmp) (Entered: 11/08/2004)
14 CONSENT by plaintiff to exercise of jurisdiction by a United States Magistrate Judge. (rbf) (Entered: 11/10/2004)

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11/04/2004 11/05/2004 11/10/2004
11/30/2004 12/13/2004

15 CONSENT by defendant to exercise of jurisdiction by a United States Magistrate Judge. (rbf) (Entered: 11/10/2004)
SCHEDULE set on 11/5/04 by Hon. Rebecca R. Pallmeyer : Status hearing set for 11/18/04 is stricken. Mailed notice (etv) (Entered: 11/05/2004)
16 REASSIGNMENT ORDER of 11/10/04 This case is reassigned to the Hon. Geraldine Soat Brown from the Hon. Rebecca R. Pallmeyer pursuant to General Local Rule 73.1 Terminating the case referral to Hon. Geraldine Soat Brown (For further details see order). Mailed notice (rbf) (Entered: 11/10/2004)
SCHEDULE set on 11/30/04 by Hon. Geraldine Soat Brown : At the parties' request, status hearing reset to 9:45 12/10/04 . Mailed notice (gmr) (Entered: 11/30/2004)
17 MINUTE ORDER of 12/13/04 by Hon. Geraldine Soat Brown: The parties having reached a binding settlement agreement, this case is dismissed with prejudice, with the Court to retain jurisdiction to enforce the Consent Decree for a period of two (2) years from the entry of the Consent Decree. Terminate case. (Entered consent decree (Attachment.)) (Entered notice to all regal employees.) Notices mailed by judge's staff (rmm) Modified on 12/15/2004 (Entered: 12/15/2004)

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