Case 2:05-cv-00965-JPS Document 1 Filed 09/08/2005 Page 1 of 5

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF WISCONSIN

EQUAL EMPLOYMENT OPPORTUNITY )

COMMISSION,

)

)

Plaintiff,

)

v.

)

)

HUMANE ANIMAL

)

WELFARE SOCIETY.

)

)

Defendant.

)

__________________________________________)

Civil Action No. ________________ COMPLAINT JURY TRIAL DEMAND

NATURE OF THE ACTION This is an action under the Age Discrimination in Employment Act to correct unlawful employment practices on the basis of retaliation, and to provide appropriate relief to Karen Schwulst (hereinafter “Schwulst”) and other similarly situated individuals, who have been adversely affected by such practices. As alleged with greater particularity in paragraph eight (8) below, the Equal Employment Opportunity Commission alleges that the defendant, Humane Animal Welfare Society, violated the Age Discrimination in Employment Act by retaliating against Schwulst and other similarly situated individuals after they filed charges of age discrimination.
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 7(b) of the Age Discrimination in Employment Act of 1967, as amended, 29 U.S.C. § 626(b) (hereinafter “ADEA”), which incorporates by reference of the Fair Labor Standards Act of 1938 (the “FLSA”), as amended

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29 U.S.C. §§ 216(c) and 217. 2. The employment practices alleged to be unlawful were committed within the
jurisdiction of the United States District Court for the Eastern District of Wisconsin. PARTIES
3. The plaintiff, Equal Employment Opportunity Commission (hereinafter “Commission”), is the agency of the United States of America charged with the administration, interpretation, and enforcement of the ADEA and is expressly authorized to bring this action by Section 7(b) of the ADEA, 29 U.S.C. § 626(b), as amended by Section 2 of Reorganization Plan No. 1 of 1978, 92 Stat. 3781, and by Public Law 98-532 (1984), 98 Stat. 2705.
4. At all relevant times, the defendant, Humane Animal Welfare Society (hereinafter “HAWS”), has been continuously engaged in the business of operating a shelter and providing adoption services for abandoned pets in the state of Wisconsin and the City of Waukesha, and has continuously had at least twenty (20) employees.
5. At all relevant times, HAWS has continuously been an employer engaged in an industry affecting commerce within the meaning of Sections 11(b), (g) and (h) of the ADEA, 29 U.S.C. § 630(b), (g) and (h).
CONCILIATION 6. Prior to institution of this lawsuit, the Commission’s representatives attempted to eliminate the unlawful employment practices alleged below and to effect voluntary compliance with the ADEA through informal methods of conciliations, conference, and persuasion within the meaning of Section 7(b) of the ADEA, 29 U.S.C. § 626(b).
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STATEMENT OF CLAIMS 7. More than 60 days prior to the institution of this lawsuit, Schwulst filed a Charge with the Commission alleging unlawful retaliation by HAWS, in violation of the ADEA. All conditions precedent to the institution of this lawsuit have been fulfilled. 8. HAWS, has engaged in unlawful employment practices in violation of Section 4(d) of the ADEA, 29 U.S.C. § 623(d). These practices include, but are not limited to: (a) On September 2, 2004, Schwulst and the other similarly situated individuals filed charges of age discrimination with the Commission, alleging that they have been terminated from their employment with HAWS because of their ages. (b) Schwulst and the other similarly situated individuals were not rehired by HAWS in retaliation for filing charges of age discrimination, in violation of the ADEA. 9. The effect of the practices complained of in paragraph eight (8) above has been to deprive Schwulst and the other similarly situated individuals of equal employment opportunities in violation of Section 4(d) of the ADEA, 29 U.S.C. § 623(d). 10. The unlawful employment practices complained of in paragraph eight (8) above were and are willful within the meaning of Section 7(b) of the ADEA, 29 U.S.C. § 626(b).
PRAYER FOR RELIEF Wherefore, the Comission respectfully prays that this Court: A. Grant a permanent injunction enjoining HAWS, and its officers, successors, and assigns, and all persons in active concert or participation with them, from engaging in any employment practices which constitute retaliation for activity protected by the ADEA; B. Order HAWS, to institute and carry out policies, practices, and programs which
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Case 2:05-cv-00965-JPS Document 1 Filed 09/08/2005 Page 4 of 5 provide equal employment opportunities for individuals 40 years of age and older, and which eradicate the effects of its past and present unlawful employment practices;
C. Order HAWS, to make Schwulst and the other similarly situated individuals whole by providing appropriate backpay, in amounts to be determined at trial, an equal sum as liquidated damages, compensatory damages in amounts to be determined at trial, and other affirmative relief necessary to eradicate the effects of its unlawful employment practices, including, but not limited to, re-instatement of Schwulst and the other similarly situated individuals;
D. Grant such further relief as the Court deems necessary and proper in the public interest; and
E. Grant the Commission its costs of this action.
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JURY TRIAL DEMAND The Commission requests a jury trial on all questions of fact raised by its Complaint.

JAMES LEE Deputy General Counsel
GWENDOLYN YOUNG REAMS Associate General Counsel
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 1801 “L” Street, N.W. Washington, D.C. 20507

Dated: September ___, 2005

_________________________________________ Jean P. Kamp Regional Attorney

Dated: September ____, 2005

__________________________________________ Rosemary J. Fox. Supervisory Trial Attorney

Dated: September ____, 2005

__________________________________________ Marcie B. Cornfield Trial Attorney
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Milwaukee District Office 310 West Wisconsin Avenue - Suite 800 Milwaukee, WI 53203-2292 (414) 297-3983

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 Case 2:05-cv-00965-JPS Document 15 Filed 02/28/2006 Page 1 of 7

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF WISCONSIN

EQUAL EMPLOYMENT

)

OPPORTUNITY COMMISSION,

)

)

Plaintiff,

)

)

)

v.

)

)

HUMANE ANIMAL WELFARE

)

SOCIETY OF WAUKESHA

)

COUNTY, INC.,

)

)

Defendants.

)

__________________________________________)

Civil Action No.: 05-C-0965

CONSENT DECREE AND ORDER

1. This Consent Decree (the "Decree") is entered into between Plaintiff, United

States Equal Employment Opportunity Commission (hereinafter "EEOC") and Defendant,

Humane Animal Welfare Society of Waukesha County, Inc. (“HAWS”) (EEOC and HAWS are

collectively referred to herein as "the Parties").

2. On September 8, 2005, EEOC initiated this action by filing its Complaint against

HAWS alleging Defendant HAWS engaged in unlawful employment practices in violation of

Section 4(d) of the Age Discrimination in Employment Act (“ADEA”), 29 U.S.C. § 623(d), by

engaging in retaliation against Ms. Karen Schwulst and similarly situated individuals for the

filing of a charge with the EEOC.

3. Defendant denies each and every material allegation made by the EEOC and

specifically disclaims any liability and asserts that it is entering into this agreement solely for

business reasons and to obtain closure of this case.

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NOW, THEREFORE, the Court having carefully examined the terms and provisions of this Consent Decree, and based on the pleadings, record and stipulations of the parties, it is ORDERED, ADJUDGED, AND DECREED THAT: 4. This Court has jurisdiction over the subject matter of this action and over the parties for purposes of entering and enforcing this Decree. 5. The terms of this Decree are adequate, fair, reasonable, equitable and just. 6. This Decree conforms with the Federal Rules of Civil Procedure and is not in derogation of the rights or privileges of any person. The entry of this Decree will further the objectives of the ADEA, and will be in the best interests of the parties, those for whom EEOC seeks relief, and the public. 7. This Decree resolves all claims arising out of the Charge of Discrimination filed by Karen Schwulst, Charge No. 260-2005-02465; and the lawsuit filed by EEOC in United States District Court for the Eastern District of Wisconsin, Case No. 05-C-0965, including any claims for attorneys’ fees or costs by either party. INJUNCTIVE RELIEF 8. Compliance.
HAWS and its officers, agents, management (including supervisory employees), successors and assigns, Board Members, and all those in active concert or participation with them shall not engage in any employment practice retaliating against any current or former employee of HAWS for complaining about age discrimination. 9. Training.
Defendant shall provide training with respect to retaliation under the Age Discrimination
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in Employment Act (“ADEA”) to all of its managers and supervisors by May 30, 2006 and thereafter to any new supervisors and managerial employees within ninety (90) days of their start date. Defendant shall provide such training during the eighteen (18) months following the entry of this Consent Decree and Order, and shall provide the EEOC’s Milwaukee Area Office with a list of those trained and the date and description of the training after twelve (12) months and six (6) months thereafter. The EEOC shall be given training materials prior to training, and any objections made by EEOC will be considered. 10. Posting
Defendant shall place in its time clock room, a notice to employees for a period of eighteen (18) months from the date of entry of this Consent Decree and Order. The notice shall be in the form attached hereto as Exhibit A and captioned “Official Notice To All Employees of HAWS.” 11. References to Ms. Schwulst, Ms. Doubek, or Ms. Palesse by Defendant
Without express written consent of Ms. Schwulst, Ms. Doubek, or Ms. Palesse, Defendant will not provide to anyone any information about these individuals or their employment except to confirm their positions and the dates during which they were on Defendant’s payroll. In addition, HAWS agrees, within fifteen (15) days of signature of this Consent Decree to furnish letters of reference to Ms. Karen Schwulst, Ms. Anita Doubek, and Ms. Lynne Palesse. The letters of reference will contain language mutually agreed upon by HAWS and undersigned counsel for the EEOC. Original letters shall be sent with monetary payment to the addresses provided by EEOC. HAWS shall simultaneously provide copies of the letters to the undersigned counsel for the EEOC.
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12. Reporting For eighteen (18) months from the entry of this Consent Decree and Order, defendant
shall report in writing, to the undersigned counsel for the Commission (after twelve (12) months of entry of the Consent Decree and six (6) months thereafter), the name, job title, and age of each employee hired at or terminated by HAWS. Defendant shall also report all complaints made by current or former employees alleging that they have been retaliated against for complaining about age discrimination and will provide the EEOC with a phone number for such individuals. Defendant shall maintain all documents pertaining to such actions for the length of the reporting period of this Decree. MONETARY RELIEF A. Defendant agrees to pay the following sums to Karen Schwulst, Anita Doubek, and Lynne Palesse within fifteen (15) days of signature of this Consent Decree and Order by the Court: 1. The sum of $12,000.00 as back pay, subject to ordinary employee withholdings, shall be
paid to Karen Schwulst. 2. The sum of $8,000.00 as back pay, subject to ordinary employee withholdings, shall be
paid to Lynne Palesse. 3. In commemoration of Anita Doubek’s contributions to HAWS and her affection for cats,
HAWS shall segregate from its general funds and contribute to the currently ongoing fund raising campaign for the proposed HAWS cat adoption center the sum of $5,000.00. In the event the fund dissolves, the $5,000.00 will be used to improve the quality of life for the cats housed in the adoption room and the isolation ward, as well as the stray ward. Quality of life shall be determined by HAWS.
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B. HAWS shall mail such payments to the addresses provided to HAWS by EEOC. In addition, HAWS shall simultaneously provide a copy of the payment checks to the undersigned counsel for the EEOC.
NON-MONETARY RELIEF 1. HAWS agrees, within fifteen (15) days of signature of this Consent Decree to send a letter of regret to Ms. Karen Schwulst, Ms. Anita Doubek, and Ms. Lynne Palesse. The letter will contain language mutually agreed upon by HAWS and undersigned counsel for the EEOC. Original letters shall be sent with payment to the addresses provided by EEOC. HAWS shall simultaneously provide copies of the letters to the undersigned counsel for the EEOC. TERM OF DECREE
This Decree will remain in effect for a period of eighteen (18) months from the date of its entry.
SO ORDERED, ADJUDGED AND DECREED. Dated at Milwaukee, Wisconsin, this 28th day of February, 2006.
BY THE COURT: s/ J. P. Stadtmueller J. P. Stadtmueller U.S. District Judge Judgment entered this 28th day of February, 2006. SOFRON B. NEDILSKY Clerk of Court By: s/ Patricia K. Blackburn Deputy Clerk
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FOR THE PLAINTIFF, EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Milwaukee Area Office 310 W. Wisconsin Ave., Suite 800 Milwaukee, WI 53203-2292 Phone (414) 297-1114
s/ John Hendrickson John C. Hendrickson Regional Attorney
s/Jean Kamp Jean P. Kamp Associate Regional Attorney

Date: February 27, 2006 Date: February 27, 2006

s/ Marcie Cornfield Marcie B. Cornfield Trial Attorney

Date: February 27, 2006

FOR THE DEFENDANT HUMANE ANIMAL WELFARE SOCIETY OF WAUKESHA COUNTY, INC.

s/ Lynn Olenik Lynn Olenik Executive Director Humane Animal Welfare Society of Waukesha County, Inc. 701 Northview Road Waukesha, WI 53188 262-542-8851

Date: February 27, 2006

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Exhibit A (HAWS Letterhead)
OFFICIAL NOTICE TO ALL EMPLOYEES OF HUMANE ANIMAL WELFARE SOCIETY

This Notice is posted pursuant to a Consent Decree entered in a lawsuit brought by the Equal Employment Opportunity Commission (“EEOC”), entitled EEOC vs. Humane Animal Welfare Society of Waukesha County, Inc., Case Number 05 C 0965, filed in the United States District Court for the Eastern District of Wisconsin.

A copy of the Consent Decree is available by contacting Humane Animal Welfare Society’s (“HAWS”) Executive Director at (262) 542-8851.

In the lawsuit, EEOC alleges that HAWS violated the ADEA when it retaliated against a class of workers who previously filed charges alleging age discrimination with the EEOC. HAWS denies all allegations that it violated the ADEA and asserts that it entered into this agreement solely for business reasons and to obtain closure of this case.

By agreement of the parties and without making any determination about the merits of the case, United States District Judge J.P. Stadtmueller has entered a consent decree, which provides that:
$ HAWS will pay damages to affected workers;
$ HAWS is enjoined from retaliating against any current or former employee for complaining about age discrimination; and

$ HAWS will train all of its managers and supervisors with respect to retaliation under the ADEA. Furthermore, all new supervisors and managerial employees will be required to attend such training within ninety (90) days of their start date.
THIS IS AN OFFICIAL NOTICE AND MUST NOT BE DEFACED BY ANYONE

This Notice must remain posted until eighteen months from the date below, and must not be altered, defaced or covered by any other material. Any questions about this Notice or Consent Decree may be directed to Equal Employment Opportunity Commission, 310 West Wisconsin Avenue, Suite 800, Milwaukee, WI 53203, 1-800-669-4000.

Dated: ___________________

Lynn Olenik Executive Director Humane Animal Welfare Society

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 Eastern District of Wisconsin - Live - Docket Report

https://ecf.wied.uscourts.gov/cgi-bin/DktRpt.pl?111800787216183-L_9...

U.S. District Court Eastern District of Wisconsin (Milwaukee) CIVIL DOCKET FOR CASE #: 2:05-cv-00965-JPS

CLOSED

Equal Employment Opportunity Commission v. Humane Animal Welfare Society Assigned to: Judge J P Stadtmueller Cause: 29:626 Job Discrimination (Age)

Date Filed: 09/08/2005 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

Plaintiff
Equal Employment Opportunity Commission

represented by Marcie B Cornfield United States Equal Employment Opportunity Commission Milwaukee District Office 310 W Wisconsin Ave - Ste 800 Milwaukee, WI 53203-2292 414-297-1114 Fax: 414-297-3146 Email: marcie.cornfield@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

V. Defendant Humane Animal Welfare Society

represented by Kerry E Dwyer O'Neil Cannon Hollman DeJong SC 111 E Wisconsin Ave - Ste 1400 Milwaukee, WI 53202 414-276-5000 Fax: 414-276-6581 Email: kerry.dwyer@wilaw.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed 09/08/2005
10/27/2005 11/07/2005

#

Docket Text

1 COMPLAINT with jury demand (Summons(es) issued); consent forms distributed for Magistrate Judge Patricia J. Gorence. E-file notification distributed. (vlh, ) Additional attachment(s) added on 9/13/2005 (vlh, ).
2 Refusal to Jurisdiction by US Magistrate Judge by all plaintiffs (Cornfield, Marcie)
3 ANSWER to Complaint by Humane Animal Welfare Society.(Dwyer, Kerry)

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Eastern District of Wisconsin - Live - Docket Report

https://ecf.wied.uscourts.gov/cgi-bin/DktRpt.pl?111800787216183-L_9...

11/07/2005 11/10/2005
12/02/2005 12/02/2005 12/05/2005 12/05/2005 12/07/2005
12/07/2005
01/31/2006
01/31/2006
02/02/2006 02/27/2006 02/28/2006

4 CERTIFICATE of Interest by Humane Animal Welfare Society. (Dwyer, Kerry)
5 ORDER directing parties to confer within 21 days from the date of this order and on or before 12/23/05 file a proposed scheduling order for the court's signature. (cc: all counsel)(Blackburn, Pat)
6 Joint REPORT of Rule 26(f) Plan by all plaintiffs (Cornfield, Marcie)
7 LETTER from all counsel requesting mediation (Cornfield, Marcie)
8 PROPOSED Proposed Scheduling Order filed by all plaintiffs. (Cornfield, Marcie)
9 ORDER REFERRING CASE to Magistrate Judge Patricia J Gorence for the purpose of settlement conference. (cc: all counsel)(Blackburn, Pat)
10 ORDER signed by Judge Patricia J Gorence on 12/7/05 setting a mediation hearing for 1/31/2006 at 9:15 AM in Courtroom 282 before Magistrate Judge Patricia J Gorence. See order for additional information/deadlines. (cc: all counsel)
11 SCHEDULING ORDER: Amended Pleadings due by 2/1/2006. Discovery due by 6/30/2006. Plaintiffs Expert Witness List due by 2/28/2006. Defendants Expert Witness List due by 4/17/2006. Dispositive motions due by 7/31/2006. (cc: all counsel)(Blackburn, Pat)
12 Minute Entry for mediation held before Judge Patricia J Gorence on 1/31/2006. Parties settle case. Parties will have the settlement documents to Judge Stadtmueller by 02/28/06. (Gorence, Patricia J.) (Entered: 02/01/2006)
13 ORDER signed by Judge Patricia J. Gorence on 01/31/06 returning case to Judge J. P. Stadtmueller. Mediation held on 01/31/06 resulted in settlement. Parties to have settlement documents to Judge Stadtmueller by 02/28/06. (cc: all counsel)(Gorence, Patricia J.) (Entered: 02/01/2006)
Case no longer referred to Patricia J Gorence. (cms, )
14 MOTION for Settlement CONSENT DECREE by all plaintiffs. (Cornfield, Marcie)
15 CONSENT decree and order entered in this action. See order for details. (cc: all counsel)(Blackburn, Pat)

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