------. --.---.--- ------- --.~.~---.

.. ------~~-

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

EQUAL EMPLOYMENT OPPORTUNITY)

COMMISSION,

)

)

Plaintiff,

)

)

v.

)

)

RPM AUTO SALES, INC.,

)

)

Defendant.

)

------------------------_1

02-72357 CASE NO.

NATURE OF THE ACTION

,.

» . 0 ,..... ,.-.
9 t:=•J•

This is an action~nder Title VII ofthe Civil Rights Act of 1964 and Title f6fthe ~il Right»", . ~-.:7

Act of 1991 to correct unlawful employment practices on the basis ofsex, and to provide appropriate

relief to employees Janet Reddington and Lisa Bice, who were adversely affected by such practices.

The EEOC alleges that Defendant, RPM Auto Sales, Inc., ("Defendant" or "RPM") subjected

Reddington and Bice to a sexually hostile work environment and that the Defendant, despite

knowledge of the harassment, failed to take prompt and effective action to correct and prevent the

harassment. As a conscqucnce, Reddington and Bice were both constructively discharged.

JURISDICTION AND VENUE 1. Jurisdiction ofthis Court is invoked pursuant to 28 U.S.C. §§ 451, 1331, 1337, 1343, and 1345. This action is authorized and instituted pursuant to Scetions 706(1)(1) and (3) ofTitie VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. 2000e-5(1)(1) and (3) ("Title VII") , and Section 102 ofthe Civil RightsActofI991,42U.S.C. § 1981a. 28U.S.C. §§ 451,1331,1337,1343
\

and 1345.

2. The employment practices alleged to be unlawful were and are now being committed

within the jurisdiction of the United States District Court for the Eastern District of Michigan,

Southern Division.

3. Plaintiff, the Equal Employment Opportunity Commission ("EEOC" or 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)(1) and (3) of Title VII, 42 U.S.C. §§ 2000c-5(f)(I) and (3).

4. At all relevant times, Defendant, RPM Auto Sales has continuously been a

corporation doing business in Flint, Michigan, and has continuously had at least 15 employees.

5. At all relevant times, Defendant Employer 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

6.

More than thirty days prior to the institution of this lawsuit, Janet Reddington and

LisaBice filed charges with the Commission alleging violations ofTitle VII by Defendant Employer.

All conditions precedent to the institution of this lawsuit have been fulfilled.

7. Since at least October 2000, Defendant Employer has engaged In unlawful

employment practices at both its Saginaw and Flint, Michigan facilities, in violation of Section

703(a), 42 U.S.C. § 2000e-2(a). The Defendant's unlawful employment practices include the

following:

a. The male employees, including managers and owners, at Defendant Employer's Flint

and Saginaw facilities engaged in behavior that created a hostile work environment

for both Bice and Reddington. b. During Reddington's employment she was subjected to unwelcome sexual talk,
innuendos, jokes and touching by male employecs. Examples of such conduct include: I. A Sales Manager put his arms around Reddington and asked her ifshe wanted
to have sex with him. 2. A co-worker sent sexually suggestive e-mails. The same co-worker put his
arms around her and attempted to kiss her neck. He also told her that if she could not take the harassment than she did not need to work there. 3. A manager leaned in close to Reddington and asked her when was the last time she had sex. 4. Reddington dropped some change on the floor and asked a co-worker to pick it up. He bent over, pickcd up the change and ran his hand up Reddington's leg all the way to the bottom of her skirt. 5. A co-worker approached Reddington with a catalog. On the cover of the catalog was an old woman with a large magnifying glass that lit up to help with her needlework. He told Reddington that he was thinking this would be a great tool for masturbating. It would magnify his penis. He further commented that the magnifying glass would make him feel "real big and feci good about himself. c. During Biee's employment she was subjected to unwelcome sexual talk, innuendos, jokes and touching by the male employees. Examples of sueh conduct include:

- - - - ---------------- - --------.
1. A co-worker asked Bice to have sex with him. 2. A manager told Bice that it takes a special kind ofperson to work for RPM - -
one that tolerates sexual harassment. 3. A co-worker said to Bice, come on tits, we know you want to. Don't you
know we all have sex with each other up here? 4. After Bice was transferred to the Saginaw location, she had to stop by the Flint
office on a daily basis. When she would stop, both owners would hug her. One owner told Bice that he could no longer hug her because it was exciting him sexually. He also told Bice that maybe someday you will let me show you what I can do with my tongue. 5. The Collections Manager at the Saginaw location followed Bice to the bathroom. When Bice turned around to see why he was following her, he grabbed and squeezed her breasts. When she came back out ofthe bathroom, Bice told him not to do that anymore and he responded, "Your breasts arc so big and inviting that I could not resist." 6. A co-worker faxed Bice a hand-drawn picture of a penis and vagina with a reference to the weekend camping trip she would be taking with her boyfricnd. He faxed it from the Flint location to Bice at the Saginaw location. 7. A co-worker told Bice he was taking $40 to pay the girl waiting in the car for the sexual services she had performed. 8. One ofthe co-owners who had promised Bicc days before that he would take care of the sexual harassment, hugged her and then squatted down, grabbed her buttocks and pulled her to him while thrusting his hips forward.

-------------- - --- ------------- --
d. Reddington and Bice both complained to management about the unwelcome remarks and behavior. In spite of its knowledge of the harassment and the sexually hostile work environment, the Defendant failed to take reasonable care to prevent the harassment and to take corrective action to end the harassment. In fact, the supervisors were often engaging in, condoning and encouraging the harassment.
e. Defendant's failure to take reasonable care to prevent and correct the harassment resulted in Reddington and Bice both being constructively discharged.
8. The effect of the unlawful conduct complained of in paragraph 7, above, has been to deprive Reddington and Bice of equal employment opportunities and otherwise adversely to affect their status as employees because of their sex, female.
9. The unlawful employment practices complained ofin paragraph 7 above were and arc intentional.
10. As the result of the unlawful employment practices, Reddington and Bice have suffered emotional pain, suffering, inconvenience, mental anguish, loss of enjoyment oflife.
11. The unlawful employment practices complained of in paragraph 7 above were done with malice or with reckless indifference (0 the federally protected rights of Reddington and Bice.
PRAYER FOR RELIEF Wherefore, the Commission respectfully requests that this Court: A. Grant a permanent injunction enjoining Defendant Employer, its officers, successors, assigns, and all persons in active concert or participation with it, from engaging in sexual harassment and any other employment practice which discriminates on the basis of sex. B. Order Defendant Employer to institute and carry out policies, practices, and programs which provide equal employment opportunities for women, and which eradicate the effects ofits past

and present unlawful employment practices. C. Order the Defendant Employcr to make whole Reddington and Bice, by providing
appropriate back pay 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 limitcd to reinstatement of Reddington and Bice to their former positions.
D. Order Defendant Employer to make whole Reddington and Bice, by providing compensation for past and future pecuniary losses resulting from the unlawful cmployment practices described in paragraph 7 above in amounts to be proven at trial.
E. Order Defendant Employer to make whole Reddington and Bice by providing compensation for past and future nonpecuniary losses resulting from the unlawful practices complained of in paragraph 7 above in amounts to be proven at trial.
F. Order Defendant Employer to pay Reddington and Bice punitive damages for its malicious or reckless conduct described in paragraph 7 above, in amounts to be proven at trial.
G. Order Defendant Employer to implement a sexual harassment policy, including but not limited to providing an effective reporting mechanism, and to provide training to its owners and employees regarding Title VII, including sexual harassment.
H. Grant such further reliefas the Court deems necessary and properin the public interest. I. Award the Commission its costs of this action.

~~~-----~-~--

.JURY TRIAL DEMAND The Commission requests ajury trial on all questions offact raised by its complaint.

~ &/'J 10 L-

Respectfully submitted,
NICHOLAS M. INZEO Acting Deputy General Counsel
ADELERAPPO Regional Attorn y
ROBERT K. DAWKINS (P38289 ./ Supervisory Trial Attorney
TAMMY C. KLEIN (P60256) /' Trial Attorney
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION DETROIT DISTRICT OFFICE Patrick V. McNamara Bldg. 477 Michigan Avenue, Rm. 865 Detroit, Michigan 48226 Telephone: (313)226-5673

 
 <~~
'. /

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, JANET REDDINGTON, LISA BICE,
Plaintiffs, Docket No: 02-72357 Hon. Judge Bernard ~Friedman
v
RPM AUTO SALES, INC.,
Defendants.
________ ~--------------------_I
Adele Rapport (P44833) Robert K. Dawkins (P38289) Tammy C. Klein (P60256) Attorneys for EEOC Detroit District Office 477 Michigan Ave., Rm. 865 Detroit, Michigan 48226 (313) 226-5673
LEONARD KRUSE, P.c. BY: NORBERT B. LEONARD (P40056)
KELLY A. KRUSE (P45538) Attorneys for Plaintiffs, Bice and Reddington 4190 Telegraph Road Suite 3500 Bloomfield Hills, Michigan 48302 (248) 594-7500
lkrusepc@aol.com
~--------------------------------I

FIRST AMENDED COMPLAINT AND
JURY DEMAND

NOW COME Plaintiffs, the EEOC, Janet Reddington and Li a Bice, by and

through their attorneys, the Office of the General Counsel for the Plaintiff, EEOC, only,

I

, /

and Leonard Kruse, P.C., for Plaintiffs Janet Reddington and L,isa Bice, only, and as and for their Complaint against the Defendant, RPM Auto Sales, Inc., state as follows:
NATURE OF THE ACTION This is an action under Title VII of the Civil Rights Act of 1964, Title I of the Civil Rights Act of 1991 and the Michigan Elliot Larsen Civil Rights Act to correct unlawful employment practices on the basis of sex, and to provide appropriate relief to employees Janet Reddington and Lisa Bice, who were adversely affected by such practices. The EEOC alleges that Defendant, RPM Auto Sales, Inc., ("Defendant" or "RPM") subjected Reddington and Bice to a sexually hostile work environment and that the Defendant, despite knowledge of the harassment, failed to take prompt and effective action to correct and prevent the harassment. As a consequence, Reddington and Bice were both constructively discharged.
JURISDICTION AND VENUE I.) Jurisdiction of this Court is invoked pursuant to 28 U.~.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 o( 1991, 42 U.S.C. § 1981a. 28 U.S.C. §§ 451,1331,1337,1343 and 1345.
2

2.) The employment practices alleged to be unlawful, were and are now being committed within the jurisdiction of the United States District Court for the Eastern District of Michigan, Southern District.
3.) Plaintiff, the Equal Employment Opportunity Commission ("EEOC" or 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(t)(1) and (3) ofTitle VII, 42 U.S.C. §§ 2000e-5(t)(l) and (3).
4.) Plaintiffs, Janet Reddington and Lisa Bice, are residents of the State of Michigan.
5.) At all relevant times, Defendant, RPM Auto Sales has continuously been a corporation doing business in Flint, Michigan, ans has continuously had at least IS employees.
6.) At all relevant times, Defendant Employer has continuously been an employer engaged in an industry affecting commerce within the meaning of Sections 701(b), (g) and (h) ofTitle VII, 42 U.S.C. §§ 2000e(b,)(g) and (h).
COUNT I 7.) Plaintiffs restate and reallege paragraphs one through six as if fully set forth herein and in further support of their cause of action state as follows:
3

8.) More than thirty days prior to the institution of th,is lawsuit, Janet Reddington and Lisa Bice filed charges with the Commission alleging violations of Title

VII by Defendant Employer. All conditions precedent to the institution of this lawsuit

have been fulfilled.

9.) Since at least October 2000, Defendant Employer has engaged in unlawful

employment practices at both its Saginaw and Flint, Michigan facilit'es~.in violation of
I
Section 703(a), 42 U.S.C. § 2000e-2(a). The Defendant's unlawful employment

practices include the following:

a. The male employees, including managers and owners, at Defendant Employer's Flint and Saginaw facilities engaged in behavior that created a hostile work environment for both Bicb and Reddington.

b. During Reddington's employment she was subjected to unwelcome

sexual talk, innuendos, jokes and touching by male employees.

Examples of such conduct include:

'

(i). A Sales Manager put his arms around Reddington and asked

her if she wanted to have sex with him;

(ii). A co-worker sent sexually suggestive e-mails. The same co-

worker put his arms around her and attempted to kiss her

neck. He also told her that if she could nbt take the

harassment then she did not need to work! there;

(iii). A manager leaned in close to Reddington and asked her when

was the last time she had sex;

I

(iv). Reddington dropped some change on the,floor an~ asked a

co-worker to pick it up. He bent over, picked up the change

and ran his hand up Reddington's leg all the way to the

bottom of her skirt;

(v). A co-worker approached Reddington with a cata]og. On the

cover of the catalog was an old woman with a large magnifYing glass that lit up to help with ~er needlework. He

told Reddington that he was thinking this would be a great

!

4

tool for masturbating. It would magnify his penis. He further commented that the magnifying ghiss would make him feel "real big and feel good about himself."
c. During Bice's employment she was subjected to unwelcome sexual talk, innuendos, jokes and touching by male employees. Examples of such conduct include:
(i). A co-worker asked Bice to have sex with him; (ii) A manager told Bice that it takes a special kind of person to
work for RPM - one that tolerates sexual hm:assment; (iii). A co-worker said to Bice, "Come on tits, we know you want
to. Don't you know we all have sex with each other up here?"; (iv). After Bice was transferred to the Saginaw location, she had to stop by the Flint office on a daily basis. When she would stop, both owners would hug her. One owner told Bice that he could no longer hug her because it was exciting him sexually. He also told Bice that "maybe someday you will let me show you what I can do with my tongue." (v). The Collections Manager at the Saginaw location followed Bice to the bathroom. When Bice turned' around to see why he was following her, he grabbed and squeezed her breasts. When she came back out of the bathroom, Bice told him not to do that anymore and he responded, "Ybur breasts are so big and inviting that I could not resist." (vi). A co-worker faxed Bice a hand-drawn picture of a penis and vagina with a reference to the weekend c~mping trip she would be taking with her boyfriend. He faxed it from the Flint location to Bice at the Saginaw location. (vii). A co-worker told Bice he was taking $40.00 to pay the girl waiting in the car for the sexual services she had performed. (viii). One of the co-owners who had promised Bice days before that he would take care of the sexual har~ssment, hugged her and then squatted down, grabbed her buttocks and pulled her to him while thrusting his hips forward.
5

d. Reddington and Bice both complained to management about the unwelcome remarks and behavior. In spite of its knowledge of the harassment and the sexually hostile work environment, the Defendant failed to take reasonable care to prevent the harassment and to take corrective action to end the harassment. In fact, the supervisors were often engaging in, condoning and encouraging the harassment.
e. Defendant' 5 failure to take reasonable care to prevent and correct the harassment resulted in Reddington and Bice both being constructively discharged.
10.) The effect ofthe unlawful conduct complained of in paragraph 7, above, has been to deprive Reddington and Bice of equal employment opportunities and otherwise adversely to affect their status as employees because of their sex, female.
II.) The unlawful employment practices complained of in paragraph 7 above were and are intentional.
12.) As the result of the unlawful employment practices, Reddington and Bice have suffered a loss of earnings and benefits, a loss of earning capacity, emotional pain, suffering, inconvenience, mental anguish, and loss of enjoyment of life.
13.) The unlawful employment practices complained of in paragraph 7 above were done with malice or with reckless indifference to the federally protected rights of Reddington and Bice.
6

COUNT II
14.) Plaintiffs restate and reallege paragraphs one through thirteen as if fully set
forth herein and in further support of their cause of action state as follows:
IS.) At all times relevant hereto, Defendant Employer has engaged in
unlawful employment practices at both its Saginaw and Flint, Michigan facilities, in
violation of the Michigan Elliot Larsen Civil Rights Act. The Defendant's unlawful
employment practices include the following:
a. The male employees, including managers and owners, at Defendant Employer's Flint and Saginaw facilities engaged in behavior that created a hostile work environment for both Bice and Reddington.
b. During Reddington's employment she was subjected to unwelcome sexual talk, innuendos, jokes and touching by male employees. Examples of such conduct include: (i) A Sales Manager put his arms around Reddington and asked her if she wanted to have sex with him; (ii) A co-worker sent sexually suggestive e-mails. The same coworker put his arms around her and atterr1pted to kiss her neck. He also told her that if she could not take the harassment then she did not need to work there; (iii) A manager leaned in close to Reddington and asked her when was the last time she had sex; (iv) Reddington dropped some change on the floor and asked a co-worker to pick it up. He bent over, picked up the change and ran his hand up Reddington's leg all the way to the bottom of her skirt; (v) A co-worker approached Reddington with a catalog. On the cover of the catalog was an old woman with a large magnifying glass that lit up to help with h~r needlework. He told Reddington that he was thinking this would be a great tool for masturbating. It would magnify his penis. He further commented that the magnifying glass would make him feel "real big and feel good about himself." '
7

c. During Bice's employment she was subjected to unwelcome sexual talk, innuendos, jokes and touching by male employees. Examples of such conduct include: (i) A co-worker asked Bice to have sex with him; (ii) A manager told Bice that it takes a special kind of person to work for RPM - one that tolerates sexual harassment; (iii) A co-worker said to Bice, "Come on tits, we know you want to. Don't you know we aU have sex with each other up here?"; (iv) After Bice was transferred to the Saginaw location, she had to stop by the Flint office on a daily basis. When she would stop, both owners would hug her. One owner told Bice that he could no longer hug her because it was exciting him sexually. He also told Bice that "maybe someday you will let me show you what I can do with my tongue."; (v). The Collections Manager at the Saginaw location followed Bice to the bathroom. When Bice turned around to see why he was following her, he grabbed and squeezed her breasts. When she came back out of the bathroom, Bice told him not to do that anymore and he responded, "Your breasts are so big and inviting that I could not resist."; (vi). A co-worker faxed Bice a hand-drawn picture of a penis and vagina with a reference to the weekend camping trip she would be taking with her boyfriend. He faxed it from the Flint location to Bice at the Saginaw location; (vii) A co-worker told Bice he was taking $40.00 to pay the girl waiting in the car for the sexual services she had performed; (viii) One of the co-owners who had promisedBice days before that he would take care of the sexual harassment, hugged her and then squatted down, grabbed her buttocks and pulled her to him while thrusting his hips forward.
d. Reddington and Bice both complained to management about the unwelcome remarks and behavior. In spite of its knowledge of the harassment and the sexually hostile work envirdnment, the Defendant failed to take reasonable care to prevent the harassment and to take corrective action to end the harassment. In fact, the supervisors were often engaging in, condoning hnd encouraging the harassment.
8

e. Defendant's failure to take reasonable care to prevent and correct the harassment resulted in Reddington and Bice both being constructively discharged.
16.) The effect of the unlawful conduct set forth above, has been to deprive Reddington and Bice of equal employment opportunities and otherwise adversely to affect their status as employees because of their sex, female.
17.) As the result of the unlawful employment practices, Reddington and Bice have suffered a loss of earnings and benefits, a loss of earning capacity, emotional pain, suffering, inconvenience, mental anguish, and loss of enjoyment of life.
COUNT III 18.) Plaintiffs restate and reallege paragraphs one through seventeen as if fully set forth herein and in further support of their cause of action state as follows: 19.) Plaintiffs are females and are otherwise members of a protected class pursuant to the ELCRA. 19.) Throughout Plaintiffs' employment with the Defendant and, particularly, over the last several years, Plaintiffs have been the victim of sexual harassment, as set forth above. 20.) The acts and omissions of the Defendant, its agents, representatiyes and employees, adversely affected the terms and conditions of Plaintiffs' employment with Defendant.
9

21.) At all times relevant hereto, Defendant knew or s,hould have known of the acts and omissions, described above, to which Plaintiffs were repeatedly subjected.

22.) The failure of Defendant to rectify these situations and its decision to allow

them to continue has created a hostile and/or offensive work environment which affected

the terms and conditions of Plaintiffs' employment and which caused their constructive

discharge.

. .::-.

23.) The acts and omissions of Defendant and its representatives, agents and

employees were in violation of the Michigan Elliot Larsen Civil Rights Act.

24.) As a direct and proximate cause of Defendant's harassment of Plaintiffs,

Plaintiffs has suffered and continues to suffer damages including, but not limited to

emotional distress, anxiety, mental distress, embarrassment, loss of eamings and earning

capacity and loss of benefits.

PRAYER FOR RELIEF

WHEREFORE, the Plaintiffs respectfully request that this Court:

A. Grant a permanent injunction enjoining Defendant, Employer, its

officers, successors, assigns and all persons in active concert or

participation with it, from engaging in sexual harassment_and any

other employment practice which discriminates on the basis of sex;

10

B. Order Defendant, Employer, to institute an, d carry out policies, practices and programs which provide equal employment opportunities for women and which eradicate the effects of its past and present unlawful employment practices;
c. Order the Defendant, Employer, to make whole Plaintiffs, Bice and
Reddington, by providing appropriate back pay wit/:! prejudgement interest, in amounts to be determined at trial, and other affirmative relief necessary to eradicate the effects of its unlawful employment practices; D. Order Defendant, Employer, to make whole Plaintiffs, Bice and Reddington, by providing compensation for past and future pecuniary losses resulting from the Defendant's unlawful employment practices; E. Order Defendant, Employer, to make whole Plaintiffs, Bice and Reddington, by providing compensation for past and future nonpecuniary losses resulting from the Defendant's unlawful employment practices; F. Order Defendant, Employer, to pay Plaintiffs, Bice and Reddington, punitive damages for its malicious and reckless conduct;
II

G. Order Defendant, Employer, to implemen,t a sexual harassment policy, including but not limited to providing an effective reporting mechanism, and to provide training to its owners and employees regarding Title VII, including sexual harassment;
H. Award to Plaintiffs, Bice and Reddington, all damages contemplated by the Michigan Elliot Larsen Civil Rights Act;
I. Award to Plaintiffs, Bice and Reddington, their reasonable and necessary attorney fees incurred in bringing this action.
J. Award to Plaintiffs such other and further relief as the Court deems just and equitable;
K. Award to the Commission its costs of this action. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION By: ADELE RAPPORT (P44833) Regional Attorney for Commission, only LEONARD KRUSE, P.C. By: NORBERT B. LEONARD (P40056) Attorney for Plaintiffs, Bice and Reddington, only
12

JURY DEMAND Plaintiffs hereby demand a trial by jury.
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION By:
ADELE RAPPORT (P44833) Regional Attorney for Commission, only LEONARD KRUSE, P.C. By: NORBERT B. LEONARD (P40056) Attorney for Plaintiffs, Bice and Reddington, only
13

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

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, JANET REDDINGTON, LISA BICE,

Plaintiffs, Docket No: 02-72357 Hon. Judge Bernard A. Friedman
v

RPM AUTO SALES, INC.,

Defendants.

----------------------------------------------------~~------~/

Adele Rapport (P44833)

LEONARD KRUSE, P.C.

Robert K. Dawkins (P38289)

BY: NORBERT B. LEONARD (P40056)

Tammy C. Klein (P60256)

KELLY A. KRUSE (P45538)

Attorneys for EEOC

Attorneys for Plaintiffs, Bice and Reddington

Detroit District Office 477 Michigan Ave., Rm. 865

4190 Telegraph Road Suite 3500

Detroit, Michigan 48226 (313) 226-5673

Bloomfield Hills, Michigan 48302 (248) 594-7500

WINEGARDEN, HALEY, LINDHOLM & ROBERTSON BY: DENNIS M. HALEY (PI4538)
MICHAEL B. HALEY (P58860) Attorneys for Defendant G-9460 South Saginaw Street Suite A Grand Blanc, MI 48439 (810) 579-3600
------------------------d--h-/-!~-..-,/-j--,,-~~-~/---~-1-----------------,/
COMPLAINT
AND JURY DEMAND ON BEHALF OF PLAINTIFFS, JANET REDDINGTON AND LISA BICE, ONLY

NOW COME Plaintiffs, Janet Reddington and Lisa Bice, only, by and through

their attorneys, Leonard Kruse, P.C., and as and for their Complaint against the

J

Defendant, RPM Auto Sales, Inc., state as follows: NATURE OF THE ACTION
This is an action under Title VII of the Civil Rights Act of 1964, Title I of the Civil Rights Act of 1991 and the Michigan Elliot Larsen Civil Rights Act to correct unlawful employment practices on the basis of sex, and to provide appropriate relief to employees Janet Reddington and Lisa Bice, who were adversely affected by such practices. The Plaintiffs allege that Defendant, RPM Auto Sales, Inc., ("Defendant" or "RPM") subjected Reddington and Bice to a sexually hostile work environment and that the Defendant, despite knowledge of the harassment, failed to take prompt and effective action to correct and prevent the harassment. As a consequence, Reddington and Bice were both constructively discharged.
JURISDICTION AND VENUE 1.) Jurisdiction of this Court is invoked pursuant to 28 U.S.C. §§ 451,1331, 1337, and 1343. This action is authorized and instituted pursuant to Sections 706(t)(1) and (3) of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. 2000e-5(t)(1) and (3) ("Title VII"), and Section 102 ofthe Civil Rights Act of 1991,42 U.S.C. § 1981a. 28 U.S.C. §§ 451,1331,1337, and 1343.
2

2.) The employment practices alleged to be unlawful were and are now being committed within the jurisdiction of the United States District Court for the Eastern District of Michigan, Southern District.
3.) Plaintiffs, Janet Reddington and Lisa Bice, are residents of the State of Michigan.
4.) At all relevant times, Defendant, RPM Auto Sales has continuously been a corporation doing business in Flint, Michigan, ans has continuously had at least 15 employees.
5.) At all relevant times, Defendant Employer has continuously been an employer engaged in an industry affecting commerce within the meaning of Sections 701(b), (g) and (h) ofTitle VII, 42 U.S.C. §§ 2000e(b,)(g) and (h).
COUNT I
6.) Plaintiffs restate and reallege paragraphs one through five as if fully set forth herein and in further support of their cause of action state as follows:
7.) More than thirty days prior to the institution of this lawsuit, Janet Reddington and Lisa Bice filed charges with the Commission alleging violations of Title VII by Defendant Employer. All conditions precedent to the institution of this lawsuit have been fulfilled.
3

8.) Since at least October 2000, Defendant Employer has engaged in unlawful
employment practices at both its Saginaw and Flint, Michigan facilities, in violation of
Section 703(a), 42 U.S.C. § 2000e-2(a). The Defendant's unlawful employment
practices include the following:
a. The male employees, including managers and owners, at Defendant Employer's Flint and Saginaw facilities engaged in behavior that created a hostile work environment for both Bice and Reddington.
b. During Reddington's employment she was subjected to unwelcome sexual talk, innuendos, jokes and touching by male employees. Examples of such conduct include:
(i). A Sales Manager put his arms around Reddington and asked her if she wanted to have sex with him;
(ii). A co-worker sent sexually suggestive e-mails. The same coworker put his arms around her and attempted to kiss her neck. He also told her that if she could not take the harassment then she did not need to work there;
(iii). A manager leaned in close to Reddington and asked her when was the last time she had sex;
(iv). Reddington dropped some change on the floor and asked a co-worker to pick it up. He bent over, picked up the change and ran his hand up Reddington's leg all the way to the bottom of her skirt;
(v). A co-worker approached Reddington with a catalog. On the cover of the catalog was an old woman with a large magnifYing glass that lit up to help with her needlework. He told Reddington that he was thinking this would be a great tool for masturbating. It would magnifY his penis. He further commented that the magnifYing glass would make him feel "real big and feel good about himself."
c. During Bice's employment she was SUbjected to unwelcome sexual talk, innuendos, jokes and touching by male employees. Examples of such conduct include:
4

(i). A co-worker asked Bice to have sex with him; (ii) A manager told Bice that it takes a special kind of person to
work for RPM - one that tolerates sexual harassment; (iii). A co-worker said to Bice, "Come on tits, we know you want
to. Don't you know we all have sex with each other up here?"; (iv). After Bice was transferred to the Saginaw location, she had to stop by the Flint office on a daily basis. When she would stop, both owners would hug her. One owner told Bice that he could no longer hug her because it was exciting him sexually. He also told Bice that "maybe someday you will let me show you what I can do with my tongue." (v). The Collections Manager at the Saginaw location followed Bice to the bathroom. When Bice turned around to see why he was following her, he grabbed and squeezed her breasts. When she came back out of the bathroom, Bice told him not to do that anymore and he responded, "Your breasts are so big and inviting that I could not resist." (vi). A co-worker faxed Bice a hand-drawn picture of a penis and vagina with a reference to the weekend camping trip she would be taking with her boyfriend. He faxed it from the Flint location to Bice at the Saginaw location. (vii). A co-worker told Bice he was taking $40.00 to pay the girl waiting in the car for the sexual services she had performed. (viii). One of the co-owners who had promised Bice days before that he would take care of the sexual harassment, hugged her and then squatted down, grabbed her buttocks and pulled her to him while thrusting his hips forward.
d. Reddington and Bice both complained to management about the unwelcome remarks and behavior. In spite of its knowledge of the harassment and the sexually hostile work environment, the Defendant failed to take reasonable care to prevent the harassment and to take corrective action to end the harassment. In fact, the supervisors were often engaging in, condoning and encouraging the harassment.
e. Defendant's failure to take reasonable care to prevent and correct the harassment resulted in Reddington and Bice both being constructively discharged.
5

9.) The effect of the unlawful conduct complained of in paragraph 7, above, has been to deprive Reddington and Bice of equal employment opportunities and otherwise adversely to affect their status as employees because of their sex, female.
10.) The unlawful employment practices complained of in paragraph 7 above were and are intentional.
11.) As the result of the unlawful employment practices, Reddington and Bice have suffered a loss of earnings and benefits, a loss of earning capacity, emotional pain, suffering, inconvenience, mental anguish, and loss of enjoyment of life.
12.) The unlawful employment practices complained of in paragraph 7 above were done with malice or with reckless indifference to the federally protected rights of Reddington and Bice.
COUNT II 13.) Plaintiffs restate and reallege paragraphs one through twelve as if fully set forth herein and in further support of their cause of action state as follows: 14.) At all times relevant hereto, Defendant Employer has engaged in unlawful employment practices at both its Saginaw and Flint, Michigan facilities, in violation of the Michigan Elliot Larsen Civil Rights Act. The Defendant's unlawful employment practices include the following:
a. The male employees, including managers and owners, at Defendant Employer's Flint and Saginaw facilities engaged in behavior that created a hostile work environment for both Bice and Reddington.
6

b. During Reddington's employment she was subjected to unwelcome sexual talk, innuendos, jokes and touching by male employees. Examples of such conduct include: (i) A Sales Manager put his arms around Reddington and asked her if she wanted to have sex with him; (ii) A co-worker sent sexually suggestive e-mails. The same coworker put his arms around her and attempted to kiss her neck. He also told her that if she could not take the harassment then she did not need to work there; (iii) A manager leaned in close to Reddington and asked her when was the last time she had sex; (iv) Reddington dropped some change on the floor and asked a co-worker to pick it up. He bent over, picked up the change and ran his hand up Reddington's leg all the way to the bottom of her skirt; (v) A co-worker approached Reddington with a catalog. On the cover of the catalog was an old woman with a large magnifYing glass that lit up to help with her needlework. He told Reddington that he was thinking this would be a great tool for masturbating. It would magnifY his penis. He further commented that the magnifYing glass would make him feel "real big and feel good about himself."
c. During Bice's employment she was sUbjected to unwelcome sexual talk, innuendos, jokes and touching by male employees. Examples of such conduct include: (i) A co-worker asked Bice to have sex with him; (ii) A manager told Bice that it takes a special kind of person to work for RPM - one that tolerates sexual harassment; (iii) A co-worker said to Bice, "Come on tits, we know you want to. Don't you know we all have sex with each other up hereT; (iv) After Bice was transferred to the Saginaw location, she had to stop by the Flint office on a daily basis. When she would stop, both owners would hug her. One owner told Bice that he could no longer hug her because it was exciting him sexually. He also told Bice that "maybe someday you will let me show you what I can do with my tongue.";
7

(v). The Collections Manager at the Saginaw location followed Bice to the bathroom. When Bice turned around to see why he was following her, he grabbed and squeezed her breasts. When she came back out of the bathroom, Bice told him not to do that anymore and he responded, "Your breasts are so big and inviting that I could not resist.";
(vi). A co-worker faxed Bice a hand-drawn picture of a penis and vagina with a reference to the weekend camping trip she would be taking with her boyfriend. He faxed it from the Flint location to Bice at the Saginaw location;
(vii) A co-worker told Bice he was taking $40.00 to pay the girl waiting in the car for the sexual services she had performed;
(viii) One of the co-owners who had promised Bice days before that he would take care of the sexual harassment, hugged her and then squatted down, grabbed her buttocks and pulled her to him while thrusting his hips forward.
d. Reddington and Bice both complained to management about the unwelcome remarks and behavior. In spite of its knowledge of the harassment and the sexually hostile work environment, the Defendant failed to take reasonable care to prevent the harassment and to take corrective action to end the harassment. In fact, the supervisors were often engaging in, condoning and encouraging the harassment.
e. Defendant's failure to take reasonable care to prevent and correct the harassment resulted in Reddington and Bice both being constructively discharged.
15.) The effect of the unlawful conduct set forth above, has been to deprive
Reddington and Bice of equal employment opportunities and otherwise adversely to
affect their status as employees because of their sex, female.
16.) As the result of the unlawful employment practices, Reddington and Bice
have suffered a loss of earnings and benefits, a loss of earning capacity, emotional pain,
suffering, inconvenience, mental anguish, and loss of enjoyment of life.
8

COUNT III 17.) Plaintiffs restate and reallege paragraphs one through sixteen as if fully set forth herein and in further support of their cause of action state as follows: 18.) Plaintiffs are females and are otherwise members of a protected class pursuant to the ELCRA. 19.) Throughout Plaintiffs' employment with the Defendant and, particularly, over the last several years, Plaintiffs have been the victim of sexual harassment, as set forth above. 20.) The acts and omissions of the Defendant, its agents, representatives and employees, adversely affected the tenus and conditions of Plaintiffs' employment with Defendant. 21.) At all times relevant hereto, Defendant knew or should have known of the acts and omissions, described above, to which Plaintiffs were repeatedly subjected. 22.) The failure of Defendant to rectify these situations and its decision to allow them to continue has created a hostile andlor offensive work environment which affected the tenus and conditions of Plaintiffs , employment and which caused their constructive discharge. 23.) The acts and omissions of Defendant and its representatives, agents and employees were in violation of the Michigan Elliot Larsen Civil Rights Act.
9

24.) As a direct and proximate cause of Defendant's harassment of Plaintiffs, Plaintiffs has suffered and continues to suffer damages including, but not limited to emotional distress, anxiety, mental distress, embarrassment, loss of earnings and earning capacity and loss of benefits.
PRAYER FOR RELIEF WHEREFORE, the Plaintiffs respectfully request that this Court:
A. Grant a permanent injunction enjoining Defendant, Employer, its officers, successors, assigns and all persons in active concert or participation with it, from engaging in sexual harassment and any other employment practice which discriminates on the basis of sex;
B. Order Defendant, Employer, to institute and carry out policies, practices and programs which provide equal employment opportunities for women and which eradicate the effects of its past and present unlawful employment practices;
C. Order the Defendant, Employer, to make whole Plaintiffs, Bice and Reddington, by providing appropriate back pay with prejudgement interest, in amounts to be determined at trial, and other affirmative relief necessary to eradicate the effects of its unlawful employment practices;
10

D. Order Defendant, Employer, to make whole Plaintiffs, Bice and Reddington, by providing compensation for past and future pecuniary losses resulting from the Defendant's unlawful employment practices;
E. Order Defendant, Employer, to make whole Plaintiffs, Bice and Reddington, by providing compensation for past and future nonpecuniary losses resulting from the Defendant's unlawful employment practices;
F. Order Defendant, Employer, to pay Plaintiffs, Bice and Reddington, punitive damages for its malicious and reckless conduct;
G. Order Defendant, Employer, to implement a sexual harassment policy, including but not limited to providing an effective reporting mechanism, and to provide training to its owners and employees regarding Title VII, including sexual harassment;
H. Award to Plaintiffs, Bice and Reddington, all damages contemplated by the Michigan Elliot Larsen Civil Rights Act;
1. Award to Plaintiffs, Bice and Reddington, their reasonable and necessary attorney fees and costs incurred in bringing this action.
11

J. Award to Plaintiffs such other and further relief as the Court deems just and equitable;
By:~~~________~__~________ (P40056)
Attorney for Plaintiffs, Bice and Reddington, only JURY DEMAND Plaintiffs hereby demand a trial by jury.
LEONA~m
By: (P40056)
ttorney for Plaintiffs, Bice and IW~'ington, only Dated: July 29, 2002
12

 
 ............ -------------------------

1

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICI-IIGAN

CLOSED

SOUTHERN DIVISION

15 DEC 2003

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff,
JANET REDDINGTON, LISA BlCE-WILSON,
Intervcning Plaintiffs, vs.
RPM AUTO SALES, Dcfcndant,
----------------------~/

CIVIL NO. 02-72357 HON. BERNARD A. FRIEDMAN

, .
U',: ' C'''' ••. ,

P'\,

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•JUDGMENT ON .JURY VERDICT This action camc on for trial beforc the Court and ajury, Honorablc Bernard A. Friedman, presiding, and the issues having been duly tried and the jury having duly rendered its verdict, It is Ordered and Adjudged that the intervening-plaintiffs' Janet Reddington recover the sum of$117,000.00 and Lisa Bice-Wilson recover the sum of$20,000.00 of the defcndantRPM Auto Sales Incorporated with interest thereon at the rate as provided by law and his costs of action.

DATE: 1 5 DEC 2003
BE ARD A. FRlEDMA UNITED STATES DISTRICT JUDGE

 
 z

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,

Piaintif1:

Civil Action No. 02-CV-72357-DT

JANET REDDINGTON AND LISA BleE-WILSON,

Intervening Plaintiffs,

v.

HON. BERNARD A. FRIEDMAN

RPM AUTO SALES, INC,

Defendant.

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APR 23 2004

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CLERK'S OFFICE

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DETROIT

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:

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ORDER GRANTING PLAINTIFFS' MOTION TO SHOW CAUSE':)

On April 23, 2004, this matter came before the court on plaintiffs Lisa Bice and Janet Reddington's Motion t()r Order to Show Cause, Sanctions, Finding ol'More than 101 Employees, and Other Relief. A hearing was held and oral argument heard, For the reasons stated on the record,

IT IS ORDERED that defendant RPM shall provide plaintiffs with documentation including but not limited to books, records, computers, and hard drives, pertaining to all employees of any entities associated with RPM. failure to comply with this order shall render the principals, i.e. Ron Dice and Guy Parsons, in contempt o/' this court's order.
1

IT IS FURTHER ORDERED that the parties shall notify the conrt i fthere is any
obstruction to reviewing all of the necessary information. [1' so U,S. Marshals will be directed to attach all books, computers, and records belonging to defendant and bring them to this court for
plaintiff's use in determining the number of persons employed by RPM.
IT IS FURTHER ORDERED that RPM shall pay plaintiff's costs and fees, including mileage, court reporter, attorney's fees, associate's tees, and other out of pocket expenses incurred from the aborted deposition and document review.
IT IS FURTHER ORDERED that defendant's shall be fully prepared to answer the
heretofore issued subpoena fully on Tuesday, May 11,2004.

APR 23 2004
Dated: Detroit, Michigan

Copy Mailed This Date To:

Adele Rapport, Esq,~ Robert K. Dawkins, Esq.;
Tammy C. Klein, Esq.
Dennis M. Haley, Esq.; Michael B. Haley, Esq, Norbert B. Leonard, Esq., Kelly A. Kruse, Esq.778778
2

 
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U.S. District Court Eastern District of Michigan (Detroit) CIVIL DOCKET FOR CASE #: 2:02-cv-72357-BAF

CLOSED, TAC

EEOC v. RPM Auto Sales Inc Assigned to: Judge Bernard A Friedman Demand: $0 Plaintiff Equal Employment Opportunity Commission
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Date Filed: 06/10/2002 Date Terminated: 12/15/2003 Jury Demand: Both Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff
represented by Adele Rapport Equal Employment Opportunity Commission 477 Michigan Avenue Room 865 Detroit, MI 48226 313-226-5670 Email: Adele.Rapport@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED
Robert K. Dawkins Equal Employment Opportunities Commission 477 Michigan Avenue Suite 865 Detroit, MI 48226 313-226-4600 Fax: 313-226-2778 Email: robert.dawkins@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED
Tammy C. Klein Equal Employment Opportunity Commission 477 Michigan Avenue Suite 865 Detroit, MI 48226 313-226-6701 Fax: 313-226-5673 Email: Tammy.Klein@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED
Omar Weaver
6/4/2007 3:21 PM

CM/ECF - U.S. District Court:mied - Docket Report
Intervenor Plaintiff Janet Reddington
Intervenor Plaintiff Lisa Bice V. Defendant RPM Auto Sales, Incorporated
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https://ecf.mied.uscourts.gov/cgi-bin/DktRpt.pl?612006551230069-L_3...
Equal Employment Opportunities Commission 477 Michigan Avenue Suite 865 Detroit, MI 48226 313-226-5670 Fax: 313-226-5673 Email: omar.weaver@eeoc.gov ATTORNEY TO BE NOTICED
represented by Norbert B. Leonard Leonard Kruse 4190 Telegraph Suite 3500 Bloomfield Hills, MI 48302 248-594-7500 Fax: 248-594-7501 Email: norb6204@aol.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Norbert B. Leonard (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Adele Rapport (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Dennis M. Haley Winegarden, Haley, G-9460 S. Saginaw Street Suite A Grand Blanc, MI 48439 810-579-3600 Fax: 810-579-3600 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Steven E. Eimers 2213 Warwick Saginaw, MI 48602
6/4/2007 3:21 PM

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V. Movant Janet Reddington
Movant Lisa Bice

989-249-8600 Fax: 989-249-8600 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Michael B. Haley Winegarden, Haley, G-9460 S. Saginaw Street Suite A Grand Blanc, MI 48439 810-579-3600 ATTORNEY TO BE NOTICED
represented by Kelly A. Kruse Leonard Kruse 4190 Telegraph Suite 3500 Bloomfield Hills, MI 48302 248-594-7500 Email: lkrusepc@aol.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Norbert B. Leonard (See above for address) ATTORNEY TO BE NOTICED
represented by Kelly A. Kruse (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Norbert B. Leonard (See above for address) ATTORNEY TO BE NOTICED

Date Filed
06/10/2002 07/10/2002

#

Docket Text

1 COMPLAINT; jury demand (kb) (Entered: 06/11/2002)
2 ANSWER by defendant RPM Auto Sales Inc to complaint [1-1] with proof of service. (RH) (Entered: 07/11/2002)

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07/15/2002
07/17/2002
07/17/2002 07/30/2002 08/26/2002 09/05/2002 09/26/2002
09/26/2002 11/27/2002 12/16/2002 12/16/2002 01/07/2003
05/01/2003 05/23/2003 09/29/2003 11/14/2003
11/18/2003

3 MOTION by movants Janet Reddington and Lisa Bice for court's intervention and to file first amended complaint [1-1] with attachment and proof of service (no brief) (lh) (Entered: 07/16/2002)
4 ORDER by Judge Bernard A. Friedman granting motion for court's intervention by Lisa Bice, Janet Reddington [3-1], granting motion to file first amended complaint [1-1] by Lisa Bice, Janet Reddington [3-2] [EOD Date 7/18/02] (lh) (Entered: 07/18/2002)
5 FIRST amended complaint by EEOC and intervening plaintiffs Janet Reddington and Lisa Bice adding with jury demand (lh) (Entered: 07/18/2002)
6 SECOND AMENDED complaint by Janet Reddington, Lisa Bice jury demand (dh) (Entered: 08/01/2002)
7 ANSWER by defendant RPM Auto Sales Inc to complaint [1-1]; jury demand and proof of service. (RH) (Entered: 08/27/2002)
8 NOTICE by court of setting scheduling conference for 11:15 9/26/02 (lh) (Entered: 09/06/2002)
9 PRETRIAL scheduling order by Judge Bernard A. Friedman - setting deadline for witness list for 12/1/02 , setting deadline for discovery for 5/30/03 , setting deadline for filing motions for 6/30/03 , setting final pretrial conference for 9/29/03 , setting trailing trial docket for 9:00 10/7/03 (kb) (Entered: 09/30/2002)
SCHEDULING conference held - Judge Bernard A. Friedman (cd) (Entered: 09/30/2002)
10 WITNESS list by plaintiff EEOC, with proof of service. (RH) (Entered: 12/02/2002)
11 WITNESS list by intervening plaintiffs Janet Reddington, Lisa Bice (ew) (Entered: 12/17/2002)
12 WITNESS list by defendant RPM Auto Sales Inc (ew) (Entered: 12/17/2002)
13 ORDER by Judge Bernard A. Friedman with stipulation, regarding location of depositions for defendant's agents, employees and/or representatives [EOD Date: 1/8/03] (PP) (Entered: 01/08/2003)
14 FIRST amended witness list by defendant, with proof of service. (PP) (Entered: 05/02/2003)
15 SECOND AMENEDED WITNESS list by defendant RPM Auto Sales, Inc. with proorf of service. (RH) (Entered: 05/28/2003)
16 NOTICE by court of setting settlement conference for 9:30 10/7/03 with proof of service (lh) (Entered: 09/30/2003)
17 MOTION by defendant to amend witness list by RPM Auto Sales Inc [15-1] with notice of hearing, attachment 1-4, and proof of service. (PP) (Entered: 11/17/2003)
18 ORDER by Judge Bernard A. Friedman, referring motion to amend witness list by RPM Auto Sales Inc [15-1] by RPM Sales Inc [17-1] to Magistrate Judge

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11/19/2003
11/19/2003
11/25/2003 11/25/2003
11/26/2003 11/26/2003 11/26/2003
11/26/2003 11/26/2003 12/01/2003 12/02/2003 12/02/2003 12/02/2003 12/02/2003 12/02/2003 12/02/2003 12/03/2003

Steven D. Pepe , for hearing and determination with proof of service [EOD Date 11/19/03] (lh) (Entered: 11/19/2003)
19 NOTICE by plaintiff EEOC of concurrence in and adoption of intervening plaintiff's objection to defendant calling Scott Stevens as a witness and taking his trial deposition (lh) (Entered: 11/20/2003)
20 JOINT request by plaintiff EEOC and intervening plaintiffs Janet Reddington and Lisa Bice for sanctions under rule 16 with proof of service (lh) (Entered: 11/20/2003)
21 APPEARANCE for plaintiff EEOC of co-counsel attorney Omar Weaver, with proof of service. (RH) (Entered: 11/26/2003)
22 RESPONSE by plaintiff EEOC to motion to amend witness list by RPM Auto Sales Inc [15-1] by RPM Auto Sales Inc [17-1] with proof of sevice. (RH) (Entered: 11/26/2003)
23 PROPOSED JURY instructions ommiting authority filed as to EEOC (ew) (Entered: 12/02/2003)
24 PROPOSED JURY instructions filed as to EEOC (ew) (Entered: 12/02/2003)
25 ORDER by Magistrate Judge Steven D. Pepe, setting deadline for statement of issues in motion to amend witness list by RPM Auto Sales Inc [15-1] by RPM Auto Sales Inc [17-1] for 12/9/03 , setting hearing on motion to amend witness list by RPM Auto Sales Inc [15-1] by RPM Auto Sales Inc [17-1] for 12/16/03 , directing compliance with Local Rule 37.1 [EOD Date 12/2/03] (ew) (Entered: 12/02/2003)
26 PROOF of service of [23-1], [24-1] (ew) (Entered: 12/02/2003)
31 MOTION by plaintiff EEOC in limine to limit the use of Janet Reddington's Medical Records with brief and proof of service (ew) (Entered: 12/05/2003)
27 APPEARANCE for defendant RPM Auto Sales Inc of attorney Steven E. Eimers (ew) (Entered: 12/02/2003)
28 APPEARANCE for defendant RPM Auto Sales Inc of attorney of Steven E. Eimers (ew) (Entered: 12/03/2003)
29 VOIR DIRE questions by plaintiff EEOC (ew) (Entered: 12/03/2003)
VOIR DIRE held before Judge Bernard A. Friedman - Court Reporter: Joan Morgan (cd) (Entered: 12/05/2003)
JURY impanelment held before Judge Bernard A. Friedman -Court Reporter: Joan Morgan (cd) (Entered: 12/05/2003)
JURY sworn before Judge Bernard A. Friedman - Court Reporter: Joan Morgan (cd) (Entered: 12/05/2003)
CIVIL jury trial begun and continued to 9:00 12/3/03 - Judge Bernard A. Friedman - Court Reporter: Joan Morgan (cd) (Entered: 12/05/2003)
30 JOINT FINAL pretrial order by Judge Bernard A. Friedman (ew) (Entered: 12/04/2003)

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12/03/2003 12/04/2003
12/04/2003
12/04/2003 12/08/2003 12/09/2003 12/09/2003 12/10/2003 12/10/2003
12/11/2003 12/11/2003 12/12/2003 12/15/2003 12/29/2003
12/29/2003
12/29/2003
12/29/2003 12/29/2003

CIVIL jury trial held and continued to 9:00 12/8/03 - Judge Bernard A. Friedman - Court Reporter: Joan Morgan (cd) (Entered: 12/05/2003)
32 NOTICE by Janet Reddington, Lisa Bice of concurrence in and adoption of request for sanctions under rule 16 by Lisa Bice, Janet Reddington, EEOC [20-1] (ew) (Entered: 12/05/2003)
33 NOTICE by Janet Reddington, Lisa Bice of concurrence in and adoption of motion in limine to limit the use of Janet Reddington's Medical Records by EEOC [31-1] (ew) (Entered: 12/05/2003)
34 NOTICE by Janet Reddington, Lisa Bice of concurrence in and adoption of motion response by EEOC [22-1] (ew) (Entered: 12/05/2003)
CIVIL jury trial held and continued to 9:00 10/9/03 - Judge Bernard A. Friedman - Court Reporter: Joan Morgan (cd) (Entered: 12/11/2003)
CIVIL jury trial concluded - Judge Bernard A. Friedman - Court Reporter: Joan Morgan (cd) (Entered: 12/11/2003)
JURY deliberations begun and continued to 9:00 12/10/03 (cd) (Entered: 12/11/2003)
JURY deliberations concluded (cd) (Entered: 12/11/2003)
JURY verdict entered for intervening plaintiff Janet Reddington, intervening plaintiff Lisa Bice and against defendant RPM Auto Sales Inc - Judge Bernard A. Friedman - Court Reporter: Joan Morgan (cd) (Entered: 12/11/2003)
35 JURY notes (RH) (Entered: 12/12/2003)
36 JURY instructions (RH) (Entered: 12/12/2003)
37 VERDICT form (dh) (Entered: 12/15/2003)
38 JUDGMENT entered by Judge Bernard A. Friedman for intervening plaintiffs [EOD Date: 12/17/03] (dh) (Entered: 12/17/2003)
39 MOTION by defendant RPM Auto Sales Inc for judgment notwithstanding the verdict as to Lisa Bice only with brief and proof of service. (RH) (Entered: 12/30/2003)
40 MOTION by defendant RPM Auto Sales Inc to alter or amend judgment pursuant to F.R.C.P. 59 with respect to plaintiff Janet Redding only , with brief, exhibits 1,2 and proof of service. (RH) (Entered: 12/30/2003)
41 MOTION by defendant RPM Auto Sales Inc for judgment notwithstanding the verdict pursuant to F.R.C.P. 50 with respect to plaintiffs Janet Redding and Lise Bice ,w ith brief and exhibit 1. (RH) (Entered: 12/30/2003)
42 JURY instructions filed as to intervening plaintiff Janet Reddington, intervening plaintiff Lisa Bice (RH) (Entered: 12/30/2003)
43 PETITION by intervening plaintiff Janet Reddington, intervening plaintiff Lisa Bice by through their attonrey, Leornard Kruse, P.C. for attorney fees , with brief, exhibit A and proof of service. (RH) (Entered: 12/30/2003)

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12/29/2003 01/05/2004 01/15/2004
01/21/2004 01/29/2004
01/29/2004 01/29/2004 01/30/2004 01/30/2004 02/04/2004
02/04/2004
03/16/2004 03/16/2004 03/16/2004 03/19/2004 03/22/2004 03/23/2004

44 PROOF of service of [40-1], [39-1], [38-1] (RH) (Entered: 12/31/2003)
45 AFFIDAVIT of Guy Parsons with attachments (ew) (Entered: 01/05/2004)
54 RESPONSE to 40 Motion to Alter or Amend Judgment Pursuant to FRCP 59 with Respect to Plaintiff Janet Reddington, Only with Exhibits A-D filed by Janet Reddington. (JOwe, ) (Entered: 03/01/2004)
46 MOTION for Injunctive Relief by Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit A)(PPaul, ) (Entered: 02/04/2004)
49 RESPONSE to 39 Motion for Judgment NOV filed by Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit 1-3)(PPaul, ) (Entered: 02/13/2004)
50 RESPONSE to 41 Motion for Judgment NOV filed by Equal Employment Opportunity Commission. (PPaul, ) (Entered: 02/13/2004)
52 NOTICE of concurrence by Equal Employment Opportunity Commission (PPaul, ) (Entered: 02/17/2004)
51 NOTICE of concurrence by Lisa Bice, Janet Reddington re 50 Response to Motion (PPaul, ) (Entered: 02/17/2004)
53 NOTICE by Lisa Bice, Janet Reddington re 49 Response to Motion (PPaul, ) (Entered: 02/17/2004)
47 NOTICE of Hearing on Motion 46 MOTION for Preliminary Injunction: Motion Hearing set for 3/23/2004 01:00 PM before Honorable Bernard A Friedman. (CDor, ) (Entered: 02/04/2004)
48 NOTICE of Hearing on Motion 39 Motion for Judgment NOV, 40 Motion to Amend/Correct, 41 Motion for Judgment NOV, 46 MOTION for Preliminary Injunction: Motion Hearing set for 3/23/2004 01:00 PM before Honorable Bernard A Friedman. (CDor, ) (Entered: 02/04/2004)
55 RESPONSE to 43 Petition for attorney fees and costs filed by RPM Auto Sales, Incorporated. (DPer, ) (Entered: 03/24/2004)
56 RESPONSE to 46 Motion for injunctive relief filed by RPM Auto Sales, Incorporated. (DPer, ) (Entered: 03/24/2004)
57 RESPONSE to 43 Petition for attorney fees and expenses filed by RPM Auto Sales, Incorporated. (DPer, ) (Entered: 03/24/2004)
58 REPLY to responses to 40 Motion to alter or amend judgment filed by RPM Auto Sales, Incorporated. (DPer, ) (Entered: 03/26/2004)
59 REPLY to response to 46 Motion for preliminary injunction filed by Equal Employment Opportunity Commission. (DPer, ) (Entered: 03/30/2004)
Minute Entry -Motion Hearing held on 3/23/2004 re 46 MOTION for Preliminary Injunction filed by Equal Employment Opportunity Commission, 39 Motion for Judgment NOV filed by RPM Auto Sales, Incorporated, 40 Motion to Amend/Correct filed by RPM Auto Sales, Incorporated, 41 Motion for Judgment NOV filed by RPM Auto Sales, Incorporated before Honorable Bernard A

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CM/ECF - U.S. District Court:mied - Docket Report

https://ecf.mied.uscourts.gov/cgi-bin/DktRpt.pl?612006551230069-L_3...

03/29/2004 03/29/2004 03/29/2004 04/08/2004 04/12/2004 04/12/2004 04/13/2004 04/16/2004 04/20/2004
04/20/2004 04/21/2004
04/21/2004 04/23/2004 04/27/2004 05/10/2004

Friedman. grant in part and deny in part (Court Reporter Nancy Abraham) (CDor, ) (Entered: 03/26/2004)
60 ORDER granting 46 Motion for Preliminary Injunction . Signed by Judge Bernard A Friedman. (PPaul, ) (Entered: 04/08/2004)
61 ORDER denying 39 Motion for Judgment NOV, denying 40 Motion to Amend denying 41 Motion for Judgment NOV . Signed by Judge Bernard A Friedman. (PPaul, ) (Entered: 04/08/2004)
ORDER granting 43 Petition(see pleading #61 for image) filed by Janet Reddington, Lisa Bice Signed by Judge Bernard A Friedman. (PPaul, ) (Entered: 04/08/2004)
63 MOTION for finding of more than 101 employees, MOTION for Sanctions, MOTION for Order to Show Cause, exhibits A-F by Lisa Bice, Janet Reddington. (PPaul, ) (Entered: 04/19/2004)
64 MOTION for Protective Order by RPM Auto Sales, Incorporated. (PPaul, ) (Entered: 04/20/2004)
65 TRANSCRIPT of Proceedings held on 4/2/04 of Statement on the Record. (PPaul, ) (Entered: 04/20/2004)
62 NOTICE of hearing on emergency motion for protective order, 9filed April 9, 2004). Motion Hearing set for 4/21/2004 02:00 PM before Honorable Bernard A Friedman. (CDor, ) (Entered: 04/13/2004)
66 RESPONSE to 64 Motion for Protective Order filed by Lisa Bice, Janet Reddington. (PPaul, ) (Entered: 04/22/2004)
67 RESPONSE to 63 Motion for finding of more than 101 employees, Motion for Sanctions, Motion for Order to Show Cause filed by RPM Auto Sales, Incorporated. (PPaul, ) Additional attachment(s) added on 4/23/2004 (PPaul, ). (Entered: 04/23/2004)
68 NOTICE of concurrence by Equal Employment Opportunity Commission re 66 Response to Motion (PPaul, ) (Entered: 04/23/2004)
Minute Entry -Motion Hearing held on 4/21/2004 re 63 MOTION finding of more than 101 employees MOTION for Sanctions MOTION for Order to Show Cause filed by Janet Reddington, Lisa Bice, 64 MOTION for Protective Order filed by RPM Auto Sales, Incorporated before Honorable Bernard A Friedman. grant in part (Court Reporter Joan Morgan) (CDor, ) (Entered: 04/23/2004)
69 STIPULATION AND ORDER concerning attorney fees Signed by Judge Bernard A Friedman. (PPaul, ) (Entered: 04/26/2004)
70 ORDER granting 63 Motion for Order to Show Cause . Signed by Judge Bernard A Friedman. (PPaul, ) (Entered: 04/27/2004)
71 BILL OF COSTS by Lisa Bice, Janet Reddington (CMul, ) (Entered: 04/29/2004)
72 OBJECTION to 71 Bill of Costs by RPM Auto Sales, Incorporated. (PPaul, ) (Entered: 05/12/2004)

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CM/ECF - U.S. District Court:mied - Docket Report

https://ecf.mied.uscourts.gov/cgi-bin/DktRpt.pl?612006551230069-L_3...

05/13/2004

73 NOTICE TO APPEAR: on hearing on objections to Bill of Costs filed by Defendant RPM(filed 5/10/04) before Judge Bernard A. Friedman on July 14, 2004 @ 2pm(CDor, ) (Entered: 05/13/2004)

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 Office of General Counsel FY 2004 Annual Report - Summary of Acco...

http://www.eeoc.gov/litigation/04annrpt/index.html

(1) Harassment Based on Sex
An auto dealership was a gauntlet of harassment for two female employees subjected to offensive physical conduct, sexual invitations, pornography, dirty jokes, and loud discussions about masturbation by their male colleagues. After complaining to management, one of the two employees was told she had to improve her attitude or be fired. Eventually, the workplace became so abusive that the two women had no choice but to quit their jobs. The EEOC took the case to trial, and a jury ruled in favor of both claimants on the harassment allegation and one of them on constructive discharge, awarding them backpay and compensatory and punitive damages totaling $132,000 (later reduced for one claimant due to the $50,000 statutory cap on damages). EEOC v. RPM Auto Sales, Inc. (E.D. Mich. Dec. 15, 2003).
Pornography, dirty jokes and graphic sexual language, and unwanted touching should not be
the price a worker has to pay to keep her job

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