FOR THE NORTHERN DISTRICT OF ILLINO

EASTERN DIVISION

AUEi 2 0 2003

EQUAL EMPLOYMENT OPPORTUNITY )

COMMISSION, Plaintiff,
V.
SANCHEZ & DANIELS Defendant.

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JURY T~ DE~

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MAGISTRATE JUDG~ ~SON

NATURE OF THE ACTION

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This is an action under Title VII of the Civil Rights Act of 1964, as a~ended~2 I~.C~_.

2000e etseq. ("Title VII"), and Title I of the Civil Rights Act of 1’ 991 42 U.S.C. 1§

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~

correct unlawfitl employment practices on the basis of sex and to provide appropriate reliel~o

Sevanne Sarkis ("Sarkis"), a former employee of Sanchez & Daniels (~’Defendant"). Plaintiff, the U.S. Equal Employment Opportunity Commission (the "Commission"), contends Defendant

discriminated against Sarkis because of her sex by subjecting her to sexual harassment in

violation of Title VII.

JURISDICTION AND VENUE

1. Jurisdiction of this court is invoked pursuant to 28 U.S.C. §§ 451, 1331, 1337,

1343 and 1345. This action is authorized and instituted pursuant to Section 706(0(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), and

Section 102 of the Civil Rights Act of 1991, 42 U.S.C. §1981a.

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 Northern District of

Illinois, Western Division. PARTIES
Plaintiff, the Equal Employment Opportunity 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. § 2000e-5(f)(1) and (3).
4. At all relevant times, Defendant has continuously been and is now doing business in the State of Illinois and the City of Chicago and has continuously had at least fifteen (15) employees.
5. At all relevant times, Defendant has continuously been an employer engaged in an industry affecting commerce within the meaning of Sections 701(b), (g) and (h) of Title VIL 42 U.S.C. § 2000e-Co), (g) and (h).
STATEMENT OF CLAIMS 6. More than thirty days prior to the institution of this lawsuit, Sarkis filed a charge with the Commission alleging violations of Tiflc VII by Defendant. All conditions precedent to the institution of this lawsuit have been fulfilled. 7. Since at Icast December 1999, Defendant has engaged in unlawful employment practices at its office in Chicago, Illinois in violation of Section 703(a)(1) of Title VII, 42 U.S.C. § 2000e-2(a)(1). These practices include, but ar~ not limited to, engaging in intentional discrimination against Sarkis by subjecting her to sexual harassment. These practices include, but axe not limited to, Saxkis being sexually harassed by a male co-worker in continuing violation of Section 703(a) of Title VII, 42 U.S.C. § 2000 -2(a).

8. The effect of the practices complained of in paragraph seven (7) above has been to deprive Sarlds of equal employment opportunities and otherwise adversely affect her status as an employee because of her sex.
9. The unlawful employment practices complained of in paragraph seven (7) above were and are intentional.
10. The unlawful employment practices complained of in paragraph seven (7) above were and are done with malice or with reckless indifference to the federally protected fights of Sarkis.
PRAYER FOR RELIEF WHEREFORE, the Commission respectfully requests that this Court: A. Grant a permanent injunction enjoining Defendant, its officers, successors, assigns, and all persons in active concert or participation with it, from engaging in any employment practice which discriminates on the basis of sex; B. Order Defendant to institute and carry out policies, practices, and programs which provide equal employment oppommifies for women, and which eradicate the effects of its past and present unlawful employment practices; C. Order Defendant to make whole Sarkis by providing compensation for past and future non-pecuniary losses, including emotional pain, suffering, inconvenience, loss of enjoyment of life and humiliation; D. Order Defendant to pay Sarkis punitive damages for its malicious and/or reckless conduct described, in mounts to be determined at trial; E. Order Defendant and its successors to provide training to its officers, managers

and employees regarding sexual harassment in the workplace; 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

JURY TRIAL DEMAND The Commission requests a jury trial on all questions of fact raised by its Complaint.
Respectfully submitted, Eric S. Dreiband General Counsel James Lee Deputy General Counsel Gwendolyn Young Reams Associate General Counsel EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
e~ae B. Szromba ~ Trial Attorney EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 500 West Madison Street, Suite 2800 Chicago, Illinois 60661 (312) 353-7546

Civil C~LS~~ ~

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~INITED STATES DISTRICT COURT NORTHERN DISTRICT OF ILLINOIS

Page 1 of 2

Civil CoverC 582 2

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 pleading ~s2~o~g~9~gtps required by law. This form is authorized for use ~ in the Northern District of Illinois. ]~]~)G]~ ~UU~[’IJ
¯. ,, ~-,~_ ~r~ ~-rr- _l~ ~I"3GE MASON

Plaintiff(s): EQUAL.EMPLOYMENT .OPPORTUNITY COMMISSION
County of Residence:

Defendant(s):SANCHEZ & DANIEL~ County of Residence: c’~ .~, ~

Plaintiffs Arty: Jeanne B. Szromba

Defendant’s Atty:

Equal Employment Opportunity

Commission

500 W. Madison, Suite 2800 Chicago, IL 60661

312-353-7546

Fay C~yto~ _.. o

Robisn6n Cul~.,.y/~Clayt~t,

P.C.

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300 S. Waeker Dr.,~uite

1700, Chicago, IL 60606

II. Basis of Jurisdiction: 1. U.S. Gov’t Plaintiff

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

IV. Origin"

1. Original Proceeding

V. Nature of Suit:

442 Employment

VI.Cause of Action:

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

2000e et seq. ("Title VII"), and Title I of the Civil Rights Act of

1991, 42 U.S.C. § 1981a, to correct unlawful employment practices

on the basis of sex.

VII. Requested in Complaint

Class Action:

.. Dollar Demand:

Jury Demand: Yes

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

Signature: Date: http://www.iind.uscourts.gov/PUBLIC/Forms/autoi s44.efm

7/28/03

In the Matter of

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION

Equal Employment Opportuaity Commission
V.
Sanchez & Daniels

Case Number:

APPEARANCES ARE HEREBY FILED BY THE UNDERSIGNED AS ATTORNEY(S) FOR: U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSI~I~3ISTRATU JUDGE

J~me B. Szromba Equal Employment Opportunity Commission ’~"~°~" 500 W. Madison, Suite 2800 °~’:"~:~ Chicago, IL 60661

312-353-7546

312-353-8555

"~’~°~’ j earme.szromba@eeoc.gev

IDIDCl’I~ICAT/ON NUMI~g (SE~ ITEM 4 ON
ARDC No. 06207~

~mcrmc^r~or~ ~s.~ rr~ 4 oN ~w~) ARDC No. 06228901

DESIGNATED AS LOCAL

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~ONATt~ NAME

Equ~ Emplo~ent Oppo~ Co~ssion

~’~ 500 W. Ma~son, S~te 2800

STREET AUDt~$$

Chicago, IL 60661

CITY/$TATE/Z~

~~ j o~.hen~ckson@eeoc.gov
~mnmC~T~Om NVMW_~ ~S~ rr~ 4 om~w~) ARDC No. 01187589
TRIAL AI"roItNEY~/ DESIG~IAT~ D A~ lOCAL COUNSF.L?

~-MAIL ADDRF-,S$ IDI~T1FI~TION ~ (SE]~ FI’EM 4 ON ItEVERSE) /d~MBI~ O~ ~
DF+SIG~AT~ D AS LOCAL C/~U~SEL~

 
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States District Court, Northern District of Illinois

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Name of Assigned Judge or Magistrate Judge
CASE NUMBER

Elaine E. Bucklo 03 C 5822

Sitting Judge if Other t1um Assigned Judge
DATE

9116/2003

CASE TITLE
MOTION:

EEOC vs. Sanchez & Daniels
[In the following box (a) indicate the party filing the motion, e.g., plaintiff, defendant, 3rd party plaintiIT, and (b) state briefly the nature of the motion being presented.]

DOCKET ENTRY'

(I) o

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

o (2)

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[held/continued to) [set forlre-set for] on ___ set for _ _ _ at _ __

(6) o

Pretrial eonference[held/continued 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 mCP41(a)(1) 0 FRCP41(a)(2)"

(10) •

[Other docket entry] Parties' agreed motion for entry of consent decree is granted. Accordingly,

enter Consent Decree and the case is terminated" Any pending motion in this case is terminated as moot.

• (11)

[For fUl1her detail see order attached to the original minute ordeL]

f-f-f-f--
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No nOlices required, advised in open court. No notices required. Notices mailed by judge's staff. Notiticd counsel by telephone. Docketing to mail notices. Mail AO 450 form. Copy to judge/magistrate judge.

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1 •

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

EQUAL EMPLOYMENT OPPORTUNITY )

COMMISSION,

)

)

Plaintiff,

)

)

v.

)

)

SANCHEZ & DANIELS

)

)

Defendant.

)

)

c CIVIL ACTION NO. 03

5"8' ~':>

CONSENT DECREE THE LITIGATION

SEP 1 7 2003

1. PlaintiffEqual Employment Opportunity Commission (the "EEOC") filed this action

alleging that since at least December 20, 1999, Defendant, Sanchez & Daniels ("Defendant"),

violated Section 703(a) of Title VII ofthe Civil Rights Act of 1964, as amended ("Title VII"), 42

U.S.C. § 2000e·2(a), by discriminating against a female employee ("Charging Party") on the basis

of sex. Specifically, the EEOC alleged that Defendant violated Title VII by fostering or tolerating

a working environment that was hostile to Charging Party. Defendant denies these allegations.

2. In the interest ofexpeditiously resolving all disputed issues and avoiding further legal

costs and litigation, and as a result of having engaged in comprehensive settlement negotiations, the

parties have agreed that this action should be finally resolved by entry of this 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. Nothing in this Decree should be construed as

an admission by any party regarding the claims or defenses of the other.

"
FINDINGS 3. Having carefully examined the terms and provisions ofthis Decree, and based on the pleadings, record, and stipulations of the parties, the Court finds the following:
a. This Court has jurisdiction of the subject matter of this action and of the parties.
b. The terms of this Decree are adequate, fair, reasonable, equitable, and just. The rights of the parties 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 of Title VII and will be in the best interests ofthe parties, Charging Party, and the pUblic.
NOW, THEREFORE, IT IS ORDERED, ADJUDGED AND DECREED THAT: NON-DISCRIMINATION
4. Defendant, its officers, agents (including management personnel), successors, and assigns are enjoined from discriminating against its employees on the basis of sex with respect to working conditions, promotion opportunities, or pregnancy.
NON-RETALIATION 5. Defendant, its officers, agents, employees, successors, assigns and all persons acting in concert with it shall not engage in any form of retaliation against any person who is currently or has previously been employed by it 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
2

Decree. Nothing in this paragraph shall be construed as limiting any obligations regarding retaliation generally imposed upon Defendant by Title VII.
MONETARY RELIEF 6. Defendant's insurance company shall pay the gross sum offorty-two thousand, five hundred dollars ($42,500.00), inclusive ofattorneys' fees and costs, to Charging Party, represented by the law firm of O'Malley & Madden. This amount shall be apportioned and distributed as follows: I) $28,333.34 made payable to Charging Party; and 2) $14,166.66 made payable to O'Malley & Madden, P.C. in full and final release of attorney fees for which O'Malley & Madden, P.C. will be issued a form 1099.
NOTICE 7. Within ten (10) business days after entry of this Decree, Defendant shall read a copy of the Notice attached as Exhibit A to this Decree to all employees of Defendant. After the Notice is read, each employee who was present and attended the reading shall sign the Notice on the attached page. Defendant shall certify to the EEOC in writing within ten (10) business days after entry ofthe Decree that the Notice has been properly read, and shall attach a copy ofthe notice with signatures.
RECORD KEEPING 8. For a period oftwo (2) years following entry ofthis Decree, Defendant shall maintain and make available for inspection and copying by the EEOC records of each complaint by one of its employees of sexual harassment. 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. 9. Defendant shall make all documents or records referred to in Paragraph 8, above,
3

available for inspection and copying within ten (10) business days after the EEOC so requests. In addition, Defendant 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 Defendant's premises for such purposes on five (5) business days advance notice by the EEOC.
10. Nothing contained in this Decree shall be construed to limit any obligation Defendant may otherwise have to maintain records under Title VII or any other law or regulation.
TRAINING 11. Defendant shall provide company-wide sexual harassment training to all employees by an outside provider chosen by Defendant in consultation with EEOC. The training will be given in two sessions: one session given to partners and one session givento associates and staff. This training shall be completed within six months of entry of this Decree, unless the parties agree to a reasonable extension. Thereafter, Defendant may utilize in-house personnel to update this training on a regular basis. This training shall encompass the requirements of Title VII, including 1) sexual harassment; 2) pregnancy discrimination; 3) glass ceiling issues; 4) systems or techniques that may be useful in dealing with complaints of 1-3; and 4) and proper record keeping under Title VII and its related regulations.
REPORTING 12. Defendant shall furnish to the EEOC the following written reports semi-annually for a period of two (2) years following entry ofthis Decree. The first report shall be due six (6) months after entry of the Decree. The final report shall be due twenty-four (24) months after entry of the Decree. Each such report shall contain a summary of the information recorded by Defendant
4

pursuant to Paragraph 8, including the name of the complainant, the allegation ofthe complaint and the action taken by Defendant in response.
DISPUTE RESOLUTION 13. In the event that either party to this Decree believes that the other party has failed to comply with any provision(s) ofthe Decree, the complaining party shall notify the other party ofthe alleged non-compliance within ninety (90) days ofthe alleged non-compliance and shall afford the alleged non-complying party twenty (20) business days to remedy the non-compliance or to satisfy the complaining party that the alleged non-complying party has complied or that no non-compliance has occurred. If the alleged non-complying party has not remedied the alleged non-compliance or satisfied the complaining party that it has complied within twenty (20) business days, the complaining party may apply to the Court for appropriate relief. The party alleging non-compliance must act in good faith in both its allegation of non-compliance and the absence of appropriate remedial measures.
DURATION OF THE DECREE AND RETENTION OF JURISDICTION 14. All provisions of this Decree shall be in effect (and the Court will retainjurisdiction of this matter to enforce this Decree) for a period of two (2) years immediately following entry of the Decree, provided, however, that if, at the end of the two (2) years period, any dispute(s) under Paragraph 13, above, remain unresolved, the term of the Decree shall be automatically extended (solely regarding such unresolved dispute(s) and the Court will retain jurisdiction ofthis matter to enforce the Decree) until such time as any such dispute(s) has been resolved.
MISCELLANEOUS PROVISIONS 15. Each party to this Decree shall bear its own expenses, costs and attorneys' fees.
5

16. The terms of this Decree are and shall be binding upon the present and future representatives, agents, directors, officers, assigns, and successors of Defendant in their capacities as representatives, agents, directors and officers ofDefendant, and not in their individual capacities, and Plaintiff. This paragraph shall not be construed as placing any 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.
17. When this Decree requires the submission by Defendant of reports, certifications, notices, or other materials to the EEOC, they shall be mailed to: Sanchez & Daniels Settlement, c/o Jeanne Szromba, Trial Attorney, Equal Employment Opportunity Commission, 500 West Madison Street, Suite 2800, Chicago, Illinois, 60661.
6

For the EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
1801 L Street, N.W. Washington, D.C. 20507
Eric S. Dreiband General Counsel
James Lee Deputy General Counsel
Gwendolyn Young Reams Associate General Counsel

For Sanchez & Daniels:
Fay Clay on Robinson Curley & Clayton, P.C. 300 South Wacker Drive Suite 1700 Chicago, IL 60606

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

Noelle Brennan Supervisory Trial Attorney
~6:~ JanneliSzwmba~ ~ rial Attorney
DATE: ----"q_~-'-~~_O_3_ __

ENTER: United States District Judge

7

. ~ .. ,

EXHIBIT A

NOTICE TO ALL SANCHEZ & DANIELS EMPLOYEES

This Notice is being read pursuant to a Consent Decree entered by the federal court in EEOC

v. Sanchez & Daniels, No.

(N.D. Ill.), resolving a lawsuit filed by the Equal

Employment Opportunity Commission ("EEOC") against Sanchez & Daniels ("Defendant").

In its suit, the EEOC alleged that Defendant fostered or tolerated a working environment that was hostile to its female employees, in violation of Title VII of the Civil Rights Act of 1964 ("Title VII"). Nothing in this Decree is an admission by either party regarding the claims or defenses ofthe other.

To resolve the disputed issues expeditiously and to avoid the costs of further litigation, Defendant and the EEOC have entered into a Consent Decree which provided, among other things, that:

1) Defendant's insurance company pay monetary reliefto a certain former employee;

2) Defendant will not discriminate on the basis of sex in the future;

3) Defendant will not retaliate against any person because 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; and

4) Defendant will train all of its management and non-management employees with respect to pregnancy discrimination, discrimination in partnership decisions, and sexual harassment.

The EEOC enforces the federal laws against discrimination in employment on the basis of sex, race, color, religion, national origin, 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.

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 CM/ECF LIVE, Ver 3.0 - U.S. District Court, Northern Illinois - Docket... https://ecf.ilnd.uscourts.gov/cgi-bin/DktRpt.pl?108705794369993-L_35...
MASON, TERMED
United States District Court Northern District of Illinois - CM/ECF LIVE, Ver 3.0 (Chicago)
CIVIL DOCKET FOR CASE #: 1:03-cv-05822

EEOC v. Sanchez & Daniels Assigned to: Honorable Elaine E. Bucklo Demand: $0 Cause: 42:2000e Job Discrimination (Employment)

Date Filed: 08/19/2003 Date Terminated: 09/16/2003 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

Plaintiff
Equal Employment Opportunity Commission

represented by Jeanne B. Szromba United States Equal Employment Opportunity Commission 500 West Madison Street Suite 2800 Chicago, IL 60661 (312) 353-7546 Email: jeanne.szromba@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

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 ATTORNEY TO BE NOTICED

Noelle Christine Brennan Brennan & Monte, Ltd. 20 South Clark Street Suite 1530 Chicago, IL 60603 (312) 422-0001 Email: nbrennan@brennan-monte.com ATTORNEY TO BE NOTICED

V. Defendant

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5/24/2007 11:07 AM

CM/ECF LIVE, Ver 3.0 - U.S. District Court, Northern Illinois - Docket... https://ecf.ilnd.uscourts.gov/cgi-bin/DktRpt.pl?108705794369993-L_35...

Sanchez & Daniels

represented by Fay Clayton Robinson, Curley & Clayton, P.C. 300 South Wacker Drive Suite 1700 Chicago, IL 60606 (312) 663-3100 Email: fclayton@robinsoncurley.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed 08/19/2003
08/19/2003 08/19/2003 08/27/2003 09/16/2003

#

Docket Text

1 COMPLAINT; jury demand - Civil cover sheet - Appearance(s) of John C. Hendrickson, Noelle Christine Brennan, Jeanne B. Szromba as attorney(s) for plaintiff ( No summons(es) issued.) ( Documents: 1-1 through 1-3) (las) (Entered: 08/20/2003)
2 ATTORNEY APPEARANCE for Sanchez & Daniels by Fay Clayton (ar) (Entered: 08/21/2003)
4 AGREED MOTION by plaintiff for entry of consent decree ; Notice (ar) (Entered: 09/17/2003)
3 WAIVER of service of summons as to Sanchez & Daniels sent on 8/20/03 (ar) (Entered: 08/27/2003)
5 MINUTE ORDER of 9/16/03 by Hon. Elaine E. Bucklo : Parties' agreed motion for entry of consent decree is granted [4-1]. Accordingly, enter Consent Decree and the case is terminated. Any pending motion in this case is terminated as moot. (Entered Consent Decree). Terminating case. Mailed notice (ar) (Entered: 09/17/2003)

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