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IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA

MARTELL WAITE,

Civil Action

Plaintiff,

No.

vs.

CHAMPION WINDOWS MANUFACTURING, INC., d/b/a CHAMPION WINDOWS OF PITTSBURGH

Defendant.

Jury Trial Demanded

CIVIL COMPLAINT

Plaintiff Martell Waite, by undersigned counsel, files this civil complaint.

I. Jurisdiction

1. The Jurisdiction of this Court is invoked pursuant to Section 1 of the Civil Rights

Act of 1866, 42 U.S.C. §1981 and 28 U.S.C §§1343(a)(3) and (a)(4) and 1331.

II. The Parties

2. Plaintiff, Martell Waite, is an African American who resides at 27 Verona Road,

Pittsburgh, PA 15235.

3. Defendant, Champion Windows Manufacturing, Inc. d/b/a Champion Windows of

Pittsburgh is a corporation with its principal place of business in the Western District of

Pennsylvania at 4700 Campbells Run Road, Pittsburgh, PA 15205. At all times relevant Defendant

was Waite’s employer.

III. Factual Background

4. Waite worked for Defendant from August 2005 and was fired January 27, 2007

1

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effective January 19, 2007. Defendant hired Waite as a Helper. 5. When Waite began his employment with Defendant, Defendant’s employee, Dan
Sabol, referred to Waite as “boy.” Defendant’s supervisors were aware Sabol referred to Waite as “boy.”
6. In June 2006, Defendant promoted Waite to Lead Installer. 7. In August 2006, Defendant’s employee, Michael Duggins, said he was “the technician not the nigger.” Duggins said this in the presence of both Waite and Waite’s supervisor, David Swartzwelder. 8. When Waite confronted and complained to Swartzwelder about Duggins’ use of the word, “nigger;” Swartzwelder replied, “I know you’ve heard that word before.” 9. In September 2006, Waite complained to Swartzwelder about being treated differently than similarly situated white Lead Installers. Swartzwelder threatened to fire Waite unless he “backed-off.” 10. Thereafter, Waite informed his regional Human Resources Director of the “nigger” comment; how he was being treated differently than similarly-situated co-workers because of his race; and his intention to complain to Defendant’s corporate office. Respondent’s Human Resources Director advised Waite not to mention race in his complaint to Defendant’s corporate office. 11. In September 2006, Waite sent a complaint/letter to Defendant’s corporate office in Cincinnati. 12. Waite was demoted from Lead Installer to Helper in December 2006. 13. In December 2006, Waite sent a second complaint/letter to Defendant’s corporate office in Cincinnati, in which Waite said Defendant treated him differently because of his color.
2

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14. Defendant fired Waite on January 27, 2007, effective January 19, 2007, which was the last day Waite worked.
Count I 42 U.S.C. §1981 15. Plaintiff incorporates by reference the allegations in Paragraph 1 to 14. 16. Defendant demoted and fired Waite because of his race. 17. Defendant also demoted and fired Waite in retaliation for complaining of racial discrimination. 18. Defendant's actions in demoting and firing Waite because of his race, and in retaliation for complaining of race discrimination, deprived Waite of the same right to make and enforce contracts as is enjoyed by white citizens in violation of the Civil Rights Act of 1866, 42 U.S.C. §1981. 19. Defendant's demotion and discharge of Waite was undertaken with reckless indifference to Plaintiff’s federally protected right to make and enforce contracts irrespective of his race and/or his opposition to race discrimination. 20. As a direct and proximate result of Defendant’s discriminatory and retaliatory treatment, Waite was demoted in December 2006, and fired from his job January 27, 2007 effective January 19, 2007 and suffered the following injuries. a. Great mental anguish and emotional strain; b. Loss of income and benefits; and c. Humiliation and inconvenience. WHEREFORE, Plaintiff demands judgment against Defendant pursuant to 42 U.S.C. §1981
3

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as follows: a. b. c.
d. e. f.

That Defendant be permanently enjoined from discriminating against Waite or retaliating against Waite because of his race or because he opposed race discrimination;
That Defendant be ordered to re-employ Waite to the position occupied on January 19, 2007, together with all benefits incident thereto, including but not limited to wages, benefits, training and seniority;
That Defendant be required to compensate Waite for the full value of wages and benefits he would have received had it not been for Defendant's illegal treatment, with interest thereon until the date Waite is offered re-employment into a position substantially equivalent to the one Waite occupied on January 19, 2007 ;
That Waite be awarded compensatory and punitive damages in an amount to be determined at trial;
That Waite be awarded against Defendant the costs and expenses of this litigation, and a reasonable attorney's fee; and
That Waite be awarded such further relief as this Court deems to be just and proper.
Respectfully submitted,
Ogg, Cordes, Murphy & Ignelzi
/S/ Samuel J. Cordes Samuel J. Cordes Tiffany R. Waskowicz
Pa. I.D. #54874 (Cordes) Pa. I.D. #202933 (Waskowicz)
245 Fort Pitt Boulevard Pittsburgh, PA 15222 (412) 471-8500
Attorneys for Plaintiff

4

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O JS 44 (Rev. 11/04)

CIVIL COVER SHEET

The JS 44 civil cover sheet and the inform ation contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by law, except as provided by local rules of court. This form , approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of Court for the purpose of initiating the civil docket sheet. (SEE INSTRUCTIONS ON THE REVERSE OF THE FORM.)

I. (a) PLAINTIFFS Martell Waite

DEFENDANTS
Champion Windows Manufacturing, Inc., d/b/a Champion Windows of Pittsburgh

(b) County of Residence of First Listed Plaintiff Allegheny
(EXCEPT IN U.S. PLAINTIFF CASES)

County of Residence of First Listed Defendant

Allegheny

(IN U.S. PLAINTIFF CASES ONLY)

NOTE: IN LAND CONDEM NATION CASES, USE THE LOCATION OF THE LAND INVOLVED.

(c) Attorney’s (Firm Name, Address, and Telephone Number)
Sam uel J. Cordes, Tiffarny R. W askowicz, O gg, Cordes, M urphy & Ignelzi, 245 Fort Pitt Boulevard, Pittsburgh, PA 15222 (412) 471-8500

Attorneys (If Known)

II. BASIS OF JURISDICTION (Place an “X” in One Box Only)

1

U.S. Government Plaintiff

X 3 Federal Question (U.S. Government Not a Party)

III. CITIZENSHIP OF PRINCIPAL PARTIES(Place an “X” in One Box for Plaintiff

(For Diversity Cases Only)

and One Box for Defendant)

PTF DEF

PTF DEF

C itizen of This State

 1  1 Incorporated or Principal Place

 4 4

of Business In This State

2

U.S. Government D efend ant

 4 D iversity (Indicate C itizenship of Parties in Item III)

Citizen of Another State

2

 2 Incorporated and Principal Place of Business In Another State

 5 5

IV. NATURE OF SUIT (Place an “X” in One Box Only)

CONTRACT

TORTS

Citizen or Subject of a Foreign Country

 3  3 Foreign Nation

F O R F E IT U R E /P E N A L T Y

BANKRUPTCY

 6 6 OTHER STATUTES

 110 Insurance

PERSONAL INJURY

PERSONAL INJURY  610 Agriculture

 120 M arine

 310 Airplane

 362 Personal Injury -

 620 Other Food & Drug

 130 M iller Act

 315 Airplane Product

M ed. M alpractice

 625 Drug Related Seizure

 140 Negotiable Instrument

L ia b ility

 365 Personal Injury -

of Property 21 USC 881

 150 Recovery of Overpayment  320 Assault, Libel &

Product Liability

 630 Liquor Laws

& Enforcement of Judgment

Slander

 368 Asbestos Personal  640 R.R. & Truck

 151 M edicare Act

 330 Federal Employers’

Injury Product

 650 Airline Regs.

 152 Recovery of Defaulted

L ia b ility

L ia b ility

 660 Occupational

Student Loans

 340 M arine

PERSONAL PROPERTY

S afety/H ea lth

(Excl. Veterans)

 345 M arine Product

 370 Other Fraud

 690 Other

 153 Recovery of Overpayment

L ia b ility

 371 Truth in Lending

LABOR

of V eteran’s Benefits

 350 M otor V ehicle

 380 Other Personal

 710 Fair Labor Standards

 160 Stockholders’ Suits

 355 M otor Vehicle

Property Damage

Act

 190 Other Contract

Product Liability

 385 Property Damage

 720 Labor/M gmt. Relations

 195 Contract Product Liability  360 Other Personal

Product Liability

 730 Labor/M gmt.Reporting

 196 Franchise

Injury

& Disclosure Act

REAL PROPERTY

CIVIL RIGHTS

PRISONER PETITIONS  740 Railway Labor Act

 210 Land Condemnation

 441 Voting

 510 M otions to V acate  790 O ther Labor Litigation

 220 Foreclosure

X 442 Employment

Sentence

 791 Empl. Ret. Inc.

 230 Rent Lease & Ejectment  443 Housing/

Habeas Corpus:

Security Act

 240 Torts to Land

A c c o m m o d a tio n s

 530 General

 245 Tort Product Liability

 444 W elfare

 535 Death Penalty

 290 All Other Real Property

 445 Amer. w /Disabilities -  540 M andamus & O ther

Employment

 550 Civil Rights

 446 Amer. w /D isabilities -  555 Prison C ondition

O the r

 440 Other Civil Rights

 422 Appeal 28 USC 158  423 W ithdrawal
28 USC 157
PROPERTY RIGHTS  820 Copyrights  830 Patent  840 Trademark
SOCIAL SECURITY  861 HIA (1395ff)  862 Black Lung (923)  863 DIW C/DIW W (405(g))  864 SSID Title X V I  865 RSI (405(g))
FEDERAL TAX SUITS  870 Taxes (U.S. Plaintiff
or Defendant)  871 IRS— Third Party
26 USC 7609

 400 State R eapportionment  410 Antitrust  430 Banks and Banking  450 Commerce  460 Deportation  470 Racketeer Influenced and
Corrupt Organizations  480 Consumer Credit  490 Cable/Sat TV  810 Selective Service  850 Securities/Commodities/
Exchange  875 Customer Challenge
12 USC 3410  890 Other Statutory Actions  891 Agricultural Acts  892 Economic Stabilization Act  893 Environmental M atters  894 Energy Allocation Act  895 Freedom of Information
Act  900Appeal of Fee Determination
Under Equal Access to Justice  950 Constitutionality of State Statutes

V. ORIGIN
X 1 Original
Proceeding

(Place an “X” in One Box Only)

 2 Removed from
State Court

 3

Remanded from Appellate Court

 4 Reinstated or



5

Transferred from another district

 6 M ultidistrict

Reopened

(specify)

Litigation

7

Appeal to District Judge from M agistrate Judgm ent

Cite the U.S. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity):

42 U. S.C. §1981

Brief description of cause: VI. CAUSE OF ACTION

Defendant demoted and then fired Plaintiff because of his race and in retaliation for complaining of race

discrimination.

VII. REQUESTED IN CO M PLAINT:

 CHECK IF THIS IS A C L A SS A C T IO N
UNDER F.R.C.P. 23

VIII. RELATED CASE(S) IF ANY

(See instructions):

JUDGE

DEMAND $

DATE
09/25/07
FOR OFFICE USE ONLY

SIGNATURE OF ATTORNEY OF RECORD
/S/ Samuel J. Cordes

CHECK YES only if dem anded in com plaint:

JURY DEMAND:

X Yes  No

DOCKET NUMBER

RECEIPT #

AMOUNT

APPLYING IFP

JUDGE

MAG. JUDGE

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JS 44AREVISED OCTOBER, 1993

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA

THIS CASE DESIGNATION SHEET MUST BE COMPLETED

PART A

This case belongs on the (

Erie

Johnstown X Pittsburgh) calendar.

ERIE CALENDAR - If cause of action arose in the counties of Crawford, Elk, Erie, Forest, McKean. Venang

1.

or Warren, OR any plaintiff or defendant resides in one of said counties.

2. JOHNSTOWN CALENDAR - If cause of action arose in the counties of Bedford, Blair, Cambria, Clearfield or

Somerset OR any plaintiff or defendant resides in one of said counties.

3. Complete if on ERIE CALENDAR: I certify that the cause of action arose in _______________ County and

that the

resides in

County.

4. Complete if on JOHNSTOWN CALENDAR: I certify that the cause of action arose in

County and that the

resides in

County.

PART B (You are to check ONE of the following)

1. _____ This case is related to Number

. Judge

.

2. __X___ This case is not related to a pending or terminated case.

DEFINITIONS OF RELATED CASES: CIVIL: Civil cases are deemed related when a case filed relates to property included in another suit or involves the same issues of fact or it grows out of the same transactions as another suit or involves the validity or infringement of a patent involved in another suit EMINENT DOMAIN: Cases in contiguous closely located groups and in common ownership groups which will lend themselves to consolidation for trial shall be deemed related. HABEAS CORPUS & CIVIL RIGHTS: All habeas corpus petitions filed by the same individual shall be deemed related. All pro se Civil Rights actions by the same individual shall be deemed related.

PARTC 1. CIVIL CATEGORY (Place x in only applicable category).
1. ( ) Antitrust and Securities Act Cases 2. ( ) Labor-Management Relations 3. ( ) Habeas Corpus 4. (X) Civil Rights 5. ( ) Patent, Copyright, and Trademark 6. ( ) Eminent Domain 7. ( ) All other federal question cases 8. ( ) All personal and property damage tort cases, including maritime, FELA, Jones Act, Motor
vehicle, products liability, assault, defamation, malicious prosecution, and false arrest 9. ( ) Insurance indemnity, contract and other diversity cases. 10. ( ) Government Collection Cases (shall include HEW Student Loans (Education),
V A O v e r p a y m e n t , Overpayment of Social Security, Enlistment Overpayment (Army, Navy, etc.), HUD Loans, GAO Loans (Misc. Types), Mortgage Foreclosures, S.BA. Loans, Civil Penalties and Coal Mine Penalty and Reclamation Fees.)

I certify that to the best of my knowledge the entries on this Case Designation Sheet are true and correct

Date: 09/25/07

/S/ Samuel J. Cordes ATTORNEY AT LAW

NOTE: ALL SECTIONS OF BOTH SIDES MUST BE COMPLETED BEFORE CASE CAN BE PROCESSED.

JS 44 Reverse (Rev. 11/C04)asCea2s:e052-:m07c--c0v2-0215291-DAoJScumDeonctu3m5e1n7t-21-1 FFiilleedd0099//2255//200707PagPea3geof33of 3

INSTRUCTIONS FOR ATTORNEYS COMPLETING CIVIL COVER SHEET FORM JS 44

Authority For Civil Cover Sheet

The JS 44 civil cover sheet and the information contained herein neither replaces nor supplements the filings and service of pleading or other papers as required by law, except as provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of Court for the purpose of initiating the civil docket sheet. Consequently, a civil cover sheet is submitted to the Clerk of Court for each civil complaint filed. The attorney filing a case should complete the form as follows:

I. (a) Plaintiffs-Defendants. Enter names (last, first, middle initial) of plaintiff and defendant. If the plaintiff or defendant is a government agency, use only the full name or standard abbreviations. If the plaintiff or defendant is an official within a government agency, identify first the agency and then the official, giving both name and title.

(b) County of Residence. For each civil case filed, except U.S. plaintiff cases, enter the name of the county where the first listed plaintiff resides at the time of filing. In U.S. plaintiff cases, enter the name of the county in which the first listed defendant resides at the time of filing. (NOTE: In land condemnation cases, the county of residence of the “defendant” is the location of the tract of land involved.)

(c) Attorneys. Enter the firm name, address, telephone number, and attorney of record. If there are several attorneys, list them on an attachment, noting in this section “(see attachment)”.

II. Jurisdiction. The basis of jurisdiction is set forth under Rule 8(a), F.R.C.P., which requires that jurisdictions be shown in pleadings. Place an “X” in one of the boxes. If there is more than one basis of jurisdiction, precedence is given in the order shown below.

United States plaintiff. (1) Jurisdiction based on 28 U.S.C. 1345 and 1348. Suits by agencies and officers of the United States are included here.

United States defendant. (2) When the plaintiff is suing the United States, its officers or agencies, place an “X” in this box.

Federal question. (3) This refers to suits under 28 U.S.C. 1331, where jurisdiction arises under the Constitution of the United States, an amendment to the Constitution, an act of Congress or a treaty of the United States. In cases where the U.S. is a party, the U.S. plaintiff or defendant code takes precedence, and box 1 or 2 should be marked.

Diversity of citizenship. (4) This refers to suits under 28 U.S.C. 1332, where parties are citizens of different states. When Box 4 is checked, the citizenship of the different parties must be checked. (See Section III below; federal question actions take precedence over diversity cases.)

III. Residence (citizenship) of Principal Parties. This section of the JS 44 is to be completed if diversity of citizenship was indicated above. Mark this section for each principal party.

IV. Nature of Suit. Place an “X” in the appropriate box. If the nature of suit cannot be determined, be sure the cause of action, in Section VI below, is sufficient to enable the deputy clerk or the statistical clerks in the Administrative Office to determine the nature of suit. If the cause fits more than one nature of suit, select the most definitive.

V. Origin. Place an “X” in one of the seven boxes.

Original Proceedings. (1) Cases which originate in the United States district courts.

Removed from State Court. (2) Proceedings initiated in state courts may be removed to the district courts under Title 28 U.S.C., Section 1441. When the petition for removal is granted, check this box.

Remanded from Appellate Court. (3) Check this box for cases remanded to the district court for further action. Use the date of remand as the filing date.

Reinstated or Reopened. (4) Check this box for cases reinstated or reopened in the district court. Use the reopening date as the filing date.

Transferred from Another District. (5) For cases transferred under Title 28 U.S.C. Section 1404(a). Do not use this for within district transfers or multidistrict litigation transfers.

Multidistrict Litigation. (6) Check this box when a multidistrict case is transferred into the district under authority of Title 28 U.S.C. Section 1407. When this box is checked, do not check (5) above.

Appeal to District Judge from Magistrate Judgment. (7) Check this box for an appeal from a magistrate judge’s decision.

VI. Cause of Action. Report the civil statute directly related to the cause of action and give a brief description of the cause. Do not cite

jurisdictional statutes unless diversity.

Example: U.S. Civil Statute: 47 USC 553 Brief Description: Unauthorized reception of cable service

VII. Requested in Complaint. Class Action. Place an “X” in this box if you are filing a class action under Rule 23, F.R.Cv.P.

Demand. In this space enter the dollar amount (in thousands of dollars) being demanded or indicate other demand such as a preliminary injunction.

Jury Demand. Check the appropriate box to indicate whether or not a jury is being demanded.

VIII. Related Cases. This section of the JS 44 is used to reference related pending cases if any. If there are related pending cases, insert the docket numbers and the corresponding judge names for such cases.

Date and Attorney Signature. Date and sign the civil cover sheet.

 
 Case 2:07-cv-01291-AJS Document 22 Filed 05/30/08 Page 1 of 11

IN THE UNlTED STATES DISTRICT COURT 
 FOR THE WESTERN DISTRICT OF PEWSYLVANlA 


EQUAL EMPLOYMENT OPPORTUNlTY COMMISSION,
Plaintiff,
v.
CHAMPlON WINDOW MANUFACTURlNG & SUPPLY CO., LLC, d/b/a CHAMPION WINDOW MFCi., INC, andlor d/b/a CHAMPION WINDOW OF PITTSBURGH,
Defendant.

C.A. No. 07cv 1291

CONSENT DECREE
Introduction
A. This action was instituted by the U.S. Equal Employment Opportunity Commission ("EEOC") on November 15, 2007. against "Champion Window Manufacturing & Supply Co., LLC. dlWa Champion Window Mfg., Inc., andor d/b/a/Champion Window of Pittsburgh" (collectively, the "Champion Window Companies") to enforce provisions of Title VII ofthe
Civil Rights of 1964, as amended, 42 U.S.C. 5 2000e el seq. ("Title VII"). The EEOC alleged
that Champion Window Companies discriminated against Marte!l Waite ("Mr. Waite") by allegedly subjecting him to disparate treatment on thc basis of his race, African American, and retaliating against him for allegedly mmplaining about the disparate treatment.
0. Defendant Champion Window Company of Pittsburgh. [,LC ("Champion Windows Pittsburgh") denied the allegations of the complaint. Champion Windows of Pittsburgh

Case 2:07-cv-01291-AJS Document 22 Filed 05/30/08 Page 2 of 11
maintains that it i s a separate and distinct legal entity from Champion Window Manufacturing and Supply Co., LLC and Champion Window Manufacturing, Inc.
C. This Consent Decree is entered into by and shall be final and binding bctween the
EEOC and Champion Windows Pittsburgh, its directors, oflicers, agents, successors and assigns. D. The EEOC and Champion Windows Pittsburgh agree to entry of this Consent
Decree, which shall fully and finally resolve all claims the EEOC raised in its Complain1 in Civil Action No. 07-1563 (W.D. PA), closed and consolidated at 07-1291 (W.D. PA). This Consent Decree shall not constitute eithcr an adjudicalio~o~f or finding on the merits of the complaint and shall not be construed as art admission by Champion Windows Pittsburgh ofany violation of Title VI1.
Findinps E. Having carefully examined the terms and provisions of this Consent Decree. and based on the pleadings, record and stipulationsof the parties, the Court finds: ( I ) it has
jurisdiction of the parties and subject matter jurisdiction of this action; and (2) the tenns of this
Decree are fair, reasonable, equitable and just, and adequately protect the rights ofthe parties and the public interest.
NOW, THEREFORE, 1T IS ORDERED,ADJUDGED AND DECREED TIIAT:
Nan-Discriminafion and Non-Retaliation 1. This Coun hasjurisdictior~over the EEOC and Champion Windows Pittsburgh and ovcr the subject mailer ofthis action. 2. Champion Windows Pittsburgh shalt not engage in discrimination against any employee on the basis of race in violation of Title VII.

Case 2:07-cv-01291-AJS Document 22 Filed 05/30/08 Page 3 of 11
3. Champion Windows Pittsburgh shall not engage in any employment practices which retaliate in any manner (as defined by Title VII and applicable law) against any person because of that person's opposition to any practice made an unlawful employment practice under Title V11 or because that person has made a charge, testified. assisted or participated in any manner in an investigation, proceeding or hearing under Title V11.
4. Champion Windows Pittsburgh shall not divulge, directly or indirectly, to any identifiable employer or potential employer of Mr. Waite any of the facts or circumstances related to the claims of discrimination of Mr. Waite against Champion Windows Pittsburgh in this case or any of the events relating to the participation of Mr. Waite in the litigation of this action. Upon inquiry, Defendant shall be permitted to provide a neutral reference for Mr. Waitc which may include dates of employment.
5 . Nothing in this Consent Decree, either by inclusion or exclusion, shall be construed to limit the obligations of Champion Windows Pittsburgh under Title VII or the EEOC's authority to process or litigate any charge of discrimination now pending or filed in the future against Champion Windows Pittsburgh.
Monetary Relief 6 . Champion Windows Pittsburgh agrees to pay total monetary relief to Martell Waitr: in the amount of one hundred thousand dollars and nd100 dollars ($100,000.00). in full settlement of the claims raised on his behalf by the EEOC. In order to obtain settlement, Mr. Waite will be required to sign a release that will be submitted to him by Defendant. 7. Champion Windows Pittsburgh shall issue a check for the amount specified in paragraph 6 to Mr. Waite within ten (10) business days ofchampion Windows Pittsburgh's receipt of the signed release from him, or the Court's entry of this Consent Decree, whichever is

Case 2:07-cv-01291-AJS Document 22 Filed 05/30/08 Page 4 of 11
later. The check will be mailed to Tiffany R. Waskowicz, Esquire, Ogg, Cordes, Murphy &
Ignelzi, LLC, Riverview Place, 245 Fort Pitt Boulevard, Pittsburgh, PA 15222. Champion Windows Pittsburgh shall issue an IRS Form 1099.
8. Within five business days thereafter, a copy of said check will be sent to the attention of M. Jean Clickner, Senior Trial Attorney, EEOC. 1001 Liberty Ave., Suite 300, Pittsburgh, PA 15222.
Postina of Notice 9. Within 20 business days after entry of this Decree. Champion Windows Pittsburgh shall post at its facility, on all bulletin boards used for communicating with employees, same-sized copies of the Notice attached as Exhibit 1 to this Decree. The Notice shall remain posted for four (4) years from the date of entry of this Decree. If posted copies becomc dcfaced, removed, marred or otherwise illegible, Champion Windows Pittsburgh agrees to post a readable copy in the same manner as heretofore specified. Non-Discrimination and Anti-Harassment Policies and C o m ~ l a i nPt rocedures 10. Champion Windows Pittsburgh shall ensure that its policy or policies against discrimination and retaliation and related complaint procedures meet the following minimum criteria:
(a) State that Champion Windows Pittsburgh: (i)prohibits discrimination against employees on the basis of race, national origin, sex, religion and color; (ii) prohibits retaliation against employees for opposing employment practices they reasonably believe are discriminatory or for participating in good faith i n an investigation by the EEOC or a state or local governmental agency of a charge of discrimination under Title VLI; (iii) prohibits any act, policy or practice that has the effect of harassing or

Case 2:07-cv-01291-AJS Document 22 Filed 05/30/08 Page 5 of 11
intimidating any employee on the basis of national origin, sex, race, religion or color in violation o f Title VII; and (iv) prohibits any act, policy or practice that has the effect o f creating. facilitating or permitting the existence of a work environment that is hostile to employees through acts such as physicallverbal abuse and derogatory comments based on national origin, sex, race, religion or color in violation of Title VII;
(b) Include a complaint procedure designed to encourage employees to come forward with good faith complaints regarding violations of its policy or policies against discrimination, harassment and retaliation, which shall identi@ to whom an employee may forward a complaint and shall provide assurances that complainants shall not be subjected to retaliation;
(c) provide for prompt communication to the complaining party; and (d) provide for discipline up to and including discharge of an employee or supervisor who violates Champion Windows Pittsburgh's ~ o l i c yor policies against discrimination, harassment and retaliation. 11. Champion Windows Pittsburgh shall distribute to all of its employees and newlyhired employees, its policy or policies against discrimination, harassment and retaliation within 90 days after entry of this Consent Decree. 12. Within 10days after initially distributing its policy or policies against discrimination, Champion Windows Pittsburgh shall advise M. Jean Clickner, Senior Trial Attorney, EEOC's Pittsburgh Area Office, of the distribution. Ms. Clickner may contact Allison L. Feldstein, Attorney for Champion Windows Pittsburgh, regarding the status of the distribution.

Case 2:07-cv-01291-AJS Document 22 Filed 05/30/08 Page 6 of 11
Supervisor Accountabilitv 13. Champion Windows Pittsburgh shall promote supervisor accountability by the following conduct:
(a) Providing annual anti-discrimination training to all of its supervisory and managerial personnel as set forth in Paragraphs 14 and 15;
(b) Disciplining, up to and including discharge, any supervisor or manager who violates Champion Windows Pittsburgh's policy or policies against discrimination, harassment and retaliation; and,
(c) Requiring all managers and supervisors to report promptly any incidcnts and/or complaints of harassment and/or retaliation of which they become aware to Timothy Delaney, Division Manager.
Traininp: 14. Champion Window shall provide training on the requirements ofTitle VII as follows:
(a) Champion Windows Pittsburgh agrees to provide annual training sessions for all of its managers and supervisors, and for all Human Resources Department employees. 'The training will cover employee rights and employer obligations under both Title VII and relevant state or local anti-discrimination laws, which training will emphasize what constitutes unlawful harassment and discrimination in the workplace, how to keep the company free from such discrimination, what constitutes unlawful retaliation, and will summarize how to conduct a prompt and effective investigation into allegations, complaints or charges of discrimination;

Case 2:07-cv-01291-AJS Document 22 Filed 05/30/08 Page 7 of 11
(b) Champion Windows Pittsburgh shall first provide training in accordance with Paragraph 14(a)by no later than one hundred twenty (120) calendar days after entry of this Consent Decree and also shall provide such training annually for the duration of the Consent Decree. 15. In addilion to the training described in Paragraph 14, within 120 calendar days of the entry of the Consent Dccrce, Champion Windows Pinsburgh shall provide training to all employees and urpervisors in its Human Resources Departme~ltregarding how to conduct a prompt and effective investigation into allegations, complaints or charges of e~nployrnerit discrimination. 16. Champion Windows Pittsburgh shall obtain the EEOC's approval of its proposed trainer prior to each year's training sessions. 17. Champion Windows Pittsburgh agrees, at its expense. to provide the EEOC with copies of all pamphlets, brochures, outlines or other written materials provided to attendees of training sessions.
18. Champion Windows Pittsburgh shall certify to the EEOC in writing within I0
business days after the training sessions required by Paragraphs 14 and 15 have occurred that the training has taken place and the personnel who attended.
Recordkeedne
19. Champion Windows Pittsburgh shall hrnish to the EEOC the following written reports annually for a period o f four years following entry ofthis Decree, with the first report due six months after entry of the Dccrce and the final report due 48 months atter entry of the Decree. Each such report shall contain:

Case 2:07-cv-01291-AJS Document 22 Filed 05/30/08 Page 8 of 11
(a) A certification by Champion Windows Pittsburgh that the Notice required to be posted by Paragraph 9 was posted during the six months preceding the report;
(b) A certification by Champion Windows Pittsburgh that the policy or policies againsl harassment and retaliation were distributed to all employees as set
forth in Paragraphs 10 and I 1 o f the Consent Decree within the I2 months
preceding the report; and, (c) A certification that Champion Windows Pittsburgh has complied with the
training requirements of Paragraph 12 o f this Decree. 20. Nothing in this Decree shall be construed to limit any obligation Champion Windows Pittsburgh otherwise may have to maintain records under Title VII or any other law or regulation. After expiration o r this Consent Decree, records will be maintained by Champion Windows Pittsburgh as required by law.
Dispute Resolution 2 1. In the event either party to this Decree believes the other party has failed to comply with any provision(s) of the Decree. the complaining party shall notifL the other party o f the alleged non-compliance within 20 days of the alleged non-compliance and afford the alleged nun-complying party 20 business days to remedy the non-compliance or satisfy the complaining party that the alleged non-complying party has complied. If the alleged non-complying party has not remedied the ollcgcd noncompliance or satisfied the complaining party that it has complied within 20 business days, the complaining party may apply to the Court for appropriate relief.
Miscellaneous Provisions 22. Each party to this Decree shall bear its own expenses, costs and attorneys' fees.

Case 2:07-cv-01291-AJS Document 22 Filed 05/30/08 Page 9 of 11
23. The terns of this Decree are and shall be binding upon the present and future representativcs, agents, directors, officers, successors and assigns of Champion Windows Pittsburgh in their capacities as representatives. agents, directors and officcrs of Champion Windows Pittsburgh and not in their individual capacities. This paragraph shall not be construed as placing any limit on remedies available to the Court in the event any party is found in contempt for a violation ofthis Decree.
24. This Consent Decree shall fully and finally resolve all claims which were raised by the EEOC in its Complaint in Civil Action No. 07-1 563 (W.D. PA), closed and consolidated at 07-1291 (W.D. PA). This Consent Decree shall be filed in the United States District Court for the Western District of Pennsylvania and shall continue in effect for four (4) years. During this time, this Court shall retain jurisdiction over this matter and the parties for purposes of enforcing compliance with the Decree, including issuing such orders as may be required to effectuate its purposes. Any application by any party to modify or vacate this Consent Decree during such period shall be made by motion to the Court on no less than 30 days' notice to the other party. Should any material disputes under this Decree remain unresolved after this four-year period, upon a party's timely application to the Court. the term of the Decree shall be extended for a reasonable period of time in which the disputes may be resolved.

Case 2:07-cv-01291-AJS Document 22 Filed 05/30/08 Page 10 of 11
Respectfully submitted,
;iiiLmjG 

ALLISON L. FELDSTEIN ECKERTSEAMASSCHERIN & MELLO~TL,LC U.S. Steel Tower 600 Grant Street, 441hFloor Pittsburgh, PA 1 52 19 Counselfor Defendanr
M.Miu CL~CKNER
TRIAALTTORNEY PA. I.D.NO.42738 Pittsburgh Area Ofice Liberty Center, Suite 300 1001 Liberty Avenue Pittsburgh. PA 15222 (4 12) 644-6439 Cortnselfor Plainriff EEOC

Case 2:07-cv-01291-AJS Document 22 Filed 05/30/08 Page 11 of 11

EXHIBIT A 

NOTICE T O A L L EMPL,OYEES OF CHAMPION WINDOW o f PITTSBURGH 


. This Notice is posted pursuant to a Consent Decree entered by the federal court for lhe Western
District o f Pennsylvaniain EEOC v. Champian Windobv kfan1!fnc(uring& Sujlply C'o..LLC Civil Action
07-1563 (W.D.PA), closed and consolidated at 07-1291 (W.D. PA), resolvinga lawsuit filed by the
Equal Employment Opportunity Commission ("EEOC").

Title V I I o f the Civil Rights Act of 1964. 42 U.S.C. § 2000e el seq., as amended ("Title VII''). prohibits discrimination against employees and applicants for employment based upon national origin. sex. race, color or religion. 'l'itle VII further prohibits retaliation against employees or applicants who avail themselves o f the rights under Title V I l by engaging in protected activities, such as filing a charge o f discrimination andor testifying or participating in a Commission investigation. The EEOC is the federal agency which investigatescharges of unlawful employment discrimination. The EEOC has the authority to bring lawsuits in federal court to enforce Title VII.

I n its lawsuit, the EEOC alleged that Champion Windows Pittsburgh violatedTitle VI1 o f the Civil Rights Act o f 1964 ("Title VII"). Champion Windows Pinsburgh has denicd thcsc allegations.

To resolve the case, Champion Windows Pittsburgh and the EEOC have entered into a Consent
Decree which provided, aniong other thing, that: (1)Champion Window will not discriminate on any protected basis; ( 2 ) Champion Windows Pittsburgh will not retaliate against any person because he or she
opposed any practice made unlawful by Title VI1. tiled a Title V11 charge of discrimination, partici~atcd i n any Title V11 proceeding: and (3) Champion Window will train all managers and supervisors and all
employees and supervisors in its Human Resources Department regarding discrimination,
harassrnellt and rrialiation. and regarding its policy prohibiting discrimination, and relaliation.

I f you believe you have been discriminatedagainst, you may contact Timothy Dclaney at (412) 787-5300 or the Human Resources Departmentat 1-888-499-4933. Ext.4262.

THIS I S A N OFFlClALNOTICE AND MUSI'NOT BE DEFACED BY ANYONE

This Notice must remain posted for four years from the date below and must not be rrltcrcd,

defacedor covered by any other material. Any questions about this Notice or compliance with its terms

may be directed to the: Regional Attorney, EEOC Philadelphia District Ofice. 801 Market Street, Suite

1300. Philadelphia, PA 19106 or at (215) 440-2600. The EEOC charges no fees and has employees who

speak languages oth$ than EngIish

/('

Champion Windows Pittsburgh

Case 2:07-cv-01291-AJS Document 21 Filed 05/29/08 Page 1 of 11

IN THE UNITED STATES DISTRICT COURT
 FOR THE WESTERN DISTRICT OF PENNSYLVANIA


EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff,
v.
CHAMPION WINDOW MANUFACTURING & SUPPLY CO., LLC, d/b/a CHAMPION WINDOW MFG., INC. and/or d/b/a CHAMPION WINDOW OF PITTSBURGH,
Defendant.

C.A. No. 07cvl291

CONSENT DECREE

Introduction
 A. This action was instituted by the U.S. Equal Employment Opportunity Commission ("EEOC") on November 15, 2007, against "Champion Window Manufacturing & Supply Co., LLC. d/b/a Champion Window Mfg., lnc., and/or d/b/a! Champion Window of Pittsburgh" (collectively, the "Champion Window Companies") to enforce provisions of Title VII of the
Civil Rights of 1964, as amended, 42 u.s.c. § 2000e et seq. ("Title VII"). The EEOC alleged
that Champion Window Companies discriminated against Martell Waite ("Mr. Waite") by allegedly subjecting him to disparate treatment on the basis of his race, African American, and retaliating against him for allegedly complaining about the disparate treatment.
B. Defendant Champion Window Company of Pittsburgh. LLC ("Champion Windows Pittsburgh") denied the allegations of the complaint. Champion Windows of Pittsburgh

Case 2:07-cv-01291-AJS Document 21 Filed 05/29/08 Page 2 of 11
maintains that it is a separate and distinct legal entity from Champion Window Manufacturing and Supply Co., LLC and Champion Window Manufacturing, Inc.
C. This Consent Decree is entered into by and shall be final and binding between the EEOC and Champion Windows Pittsburgh, its directors, officers, agents, successors and assigns.
D. The EEOC and Champion Windows Pittsburgh agree to entry of this Consent Decree, which shall fully and finally resolve all claims the EEOC raised in its Complaint in Civil Action No. 07-1563 (Wf). PAl, closed and consolidated at 07-1291 (W.D. PAl. This Consent Decree shall not constitute either an adjudication of or finding on the merits of the complaint and shall not be construed as an admission by Champion Windows Pittsburgh of any violation of Title Vl1.
Findings E. Having carefully examined the terms and provisions of this Consent Decree, and based on the pleadings, record and stipulations of the parties, the Court finds: (I) it has jurisdiction of the parties and subject matter jurisdiction of this action; and (2) the terms of this Decree are fair, reasonable, equitable and just, and adequately protect the rights ofthe parties and the public interest. NOW, THEREFORE, IT IS ORDERED, ADJUDGED AND DECREED THAT:
Non-Discrimination and Non-Retaliation I. This Court has jurisdiction over the EEOC and Champion Windows Pittsburgh and over the subject matter of this action. 2. Champion Windows Pittsburgh shall not engage in discrimination against any employee on the basis ofrace in violation of Title VII.
2

Case 2:07-cv-01291-AJS Document 21 Filed 05/29/08 Page 3 of 11

3. Champion Windows Pittsburgh shall not engage in any employment practices

which retaliate in any manner (as defined by Title VII and applicable law) against any person

because of that person's opposition to any practice made an unlawful employment practice under

Title VII or because that person has made a charge, testified, assisted or participated in any

manner in an investigation, proceeding or hearing under Title VII.

4. Champion Windows Pittsburgh shall not divulge, directly or indirectly, to any

identifiable employer or potential employer of Mr. Waite any of the facts or circumstances

related to the claims of discrimination of Mr. Waite against Champion Windows Pittsburgh in

this case or any of the events relating to the participation ofMr. Waite in the litigation of this

action. Upon inquiry, Defendant shall be permitted to provide a neutral reference for Mr. Waite

which may include dates of employment.

5. Nothing in this Consent Decree, either by inclusion or exclusion, shall be

construed to limit the obligations of Champion Windows Pittsburgh under Title VII or the

EEOC's authority to process or litigate any charge of discrimination now pending or filed in the

future against Champion Windows Pittsburgh.

Monetary Relief

6. Champion Windows Pittsburgh agrees to pay total monetary relief to Martell

Waite in the amount of one hundred thousand dollars and noll 00 dollars ($100,000.00), in full

settlement of the claims raised on his behalf by the EEOC. In order to obtain settlement, Mr.

Waite will be required to sign a release that will be submitted to him by Defendant.

7.

Champion Windows Pittsburgh shall issue a check for the amount specified in

paragraph 6 to Mr. Waite within ten (10) business days of Champion Windows Pittsburgh's

receipt of the signed release from him, or the Court's entry of this Consent Decree, whichever is

3


Case 2:07-cv-01291-AJS Document 21 Filed 05/29/08 Page 4 of 11
later. The check will be mailed to Tiffany R. Waskowicz, Esquire, Ogg, Cordes, Murphy & Ignelzi, LLC, Riverview Place, 245 Fort Pitt Boulevard, Pittsburgh, PA 15222. Champion Windows Pittsburgh shall issue an IRS Form 1099.
8. Within five business days thereafter, a copy of said check will be sent to the attention ofM. Jean Clickner, Senior Trial Attorney, EEOC, 1001 Liberty Ave., Suite 300, Pittsburgh, PA 15222.
Posting of Notice 9. Within 20 business days after entry of this Decree, Champion Windows Pittsburgh shall post at its facility, on all bulletin boards used for communicating with employees, same-sized copies of the Notice attached as Exhibit 1 to this Decree. The Notice shall remain posted for four (4) years from the date of entry of this Decree. Ifposted copies become defaced, removed, marred or otherwise illegible, Champion Windows Pittsburgh agrees to post a readable copy in the same manner as heretofore specified. Non-Discrimination and Anti-Harassment Policies and Complaint Procednres 10. Champion Windows Pittsburgh shall ensure that its policy or policies against discrimination and retaliation and related complaint procedures meet the following minimum criteria:
(a) State that Champion Windows Pittsburgh: (i) prohibits discrimination against employees on the basis of race, national origin, sex, religion and color; (ii) prohibits retaliation against employees for opposing employment practices they reasonably believe are discriminatory or for participating in good faith in an investigation by the EEOC or a state or local governmental agency of a charge of discrimination under Title VII; (iii) prohibits any act, policy or practice that has the effect of harassing or
4


Case 2:07-cv-01291-AJS Document 21 Filed 05/29/08 Page 5 of 11
intimidating any employee on the basis of national origin, sex, race, religion or color in violation of Title VII; and (iv) prohibits any act, policy or practice that has the effect of creating. facilitating or permitting the existence of a work environment that is hostile to employees through acts such as physical/verbal abuse and derogatory comments based on national origin, sex, race, religion or color in violation of Title VII;
(b) Include a complaint procedure designed to encourage employees to come forward with good faith complaints regarding violations of its policy or policies against discrimination, harassment and retaliation, which shall identify to whom an employee may forward a complaint and shall provide assurances that complainants shall not be subjected to retaliation;
(c) provide for prompt communication to the complaining party; and (d) provide for discipline up to and including discharge of an employee or supervisor who violates Champion Windows Pittsburgh's policy or policies against discrimination, harassment and retaliation. II. Champion Windows Pittsburgh shall distribute to all of its employees and newlyhired employees, its policy or policies against discrimination, harassment and retaliation within 90 days after entry of this Consent Decree. 12. Within 10 days after initially distributing its policy or policies against discrimination, Champion Windows Pittsburgh shall advise M. Jean Clickner, Senior Trial Attorney, EEOC's Pittsburgh Area Office, of the distribution. Ms. Clickner may contact Allison L. Feldstein, Attorney for Champion Windows Pittsburgh, regarding the status of the distribution.
5

Case 2:07-cv-01291-AJS Document 21 Filed 05/29/08 Page 6 of 11
Supervisor Accountability 13. Champion Windows Pittsburgh shall promote supervisor accountability by the following conduct:
(a) Providing annual anti-discrimination training to all of its supervisory and managerial personnel as set forth in Paragraphs 14 and 15;
(b) Disciplining, upto and including discharge, any supervisor or manager who violates Champion Windows Pittsburgh's policy or policies against discrimination, harassment and retaliation; and,
(c) Requiring all managers and supervisors to report promptly any incidents and/or complaints of harassment and/or retaliation of which they become aware to Timothy Delaney, Division Manager.
Training 14. Champion Window shall provide training on the requirements of Title VII as follows:
(a) Champion Windows Pittsburgh agrees to provide annual training sessions for all of its managers and supervisors, and for all Human Resources Department employees. The training will cover employee rights and employer obligations under both Title VII and relevant state or local anti-discrimination laws, which training will emphasize what constitutes unlawful harassment and discrimination in the workplace, how to keep the company free from such discrimination, what constitutes unlawful retaliation, and will summarize how to conduct a prompt and effective investigation into allegations, complaints or charges of discrimination;
6

Case 2:07-cv-01291-AJS Document 21 Filed 05/29/08 Page 7 of 11
(b) Champion Windows Pittsburgh shall first provide training in accordance with Paragraph 14(a) by no later than one hundred twenty (120) calendar days after entry of this Consent Decree and also shall provide such training annually for the duration of the Consent Decree. 15. In addition to the training described in Paragraph 14, within 120 calendar days of the entry of the Consent Decree, Champion Windows Pittsburgh shall provide training to all employees and supervisors in its Human Resources Department regarding how to conduct a prompt and effective investigation into allegations, complaints or charges of employment discrimination. 16. Champion Windows Pittsburgh shall obtain the EEOC's approval of its proposed trainer prior to each year's training sessions. 17. Champion Windows Pittsburgh agrees, at its expense. to provide the EEOC with copies of all pamphlets, brochures, outlines or other written materials provided to attendees of training sessions. 18. Champion Windows Pittsburgh shall certify to the EEOC in writing within 10 business days after the training sessions required by Paragraphs 14 and IS have occurred that the training has taken place and the personnel who attended.
Recordkeeping J9. Champion Windows Pittsburgh shall furnish to the EEOC the following written reports annually for a period of four years following entry ofthis Decree, with the first report due six months after entry of the Decree and the final report due 48 months after entry of the Decree. Each such report shall contain:
7


Case 2:07-cv-01291-AJS Document 21 Filed 05/29/08 Page 8 of 11
(a) A certification by Champion Windows Pittsburgh that the Notice required to be posted by Paragraph 9 was posted during the six months preceding the report;
(b) A certification by Champion Windows Pittsburgh that the policy or policies against harassment and retaliation were distributed to all employees as set forth in Paragraphs 10 and 11 of the Consent Decree within the 12 months preceding the report; and,
(c) A certification that Champion Windows Pittsburgh has complied with the training requirements of Paragraph 12 of this Decree.
20. Nothing in this Decree shall be construed to limit any obligation Champion Windows Pittsburgh otherwise may have to maintain records under Title VII or any other law or regulation. After expiration of this Consent Decree, records will be maintained by Champion Windows Pittsburgh as required by law.
Dispute Resolution 21. fn the event either party to this Decree believes the other party has failed to comply with any provision(s) ofthe Decree, the complaining party shall notify the other party of the alleged non-compliance within 20 days ofthe alleged non-compliance and afford the alleged non-complying party 20 business days to remedy the non-compliance or satisfy the complaining party that the alleged non-complying party has complied. (fthe alleged non-complying party has not remedied the alleged non-compliance or satisfied the complaining party that it has complied within 20 business days, the complaining party may apply to the Court for appropriate relief.
Miscellaneous Provisions 22. Each party to this Decree shall hear its own expenses, costs and attorneys' fees.
8


Case 2:07-cv-01291-AJS Document 21 Filed 05/29/08 Page 9 of 11
23. The terms ofthis Decree are and shall be binding upon the present and future representatives, agents, directors, officers, successors and assigns of Champion Windows Pittsburgh in their capacities as representatives, agents, directors and officers of Champion Windows Pittsburgh and not in their individual capacities. This paragraph shall not be construed as placing any limit on remedies available to the Court in the event any party is found in contempt for a violation ofthis Decree.
24. This Consent Decree shall fully and finally resolve all claims which were raised by the EEOC in its Complaint in Civil Action No. 07-1563 (W.D. PAl, closed and consolidated at 07-1291 (W.D. PAl. This Consent Decree shall be filed in the United States District Court for the Western District of Pennsylvania and shall continue in effect for four (4) years. During this time, this Court shall retain jurisdiction over this matter and the parties for purposes of enforcing compliance with the Decree, including issuing such orders as may be required to effectuate its purposes. Any application by any party to modify or vacate this Consent Decree during such period shall be made by motion to the Court on no less than 30 days' notice to the other party. Should any material disputes under this Decree remain unresolved after this four-year period, upon a party's timely application to the Court, the term of the Decree shall be extended for a reasonable period of time in which the disputes may be resolved.
25. The Clerk of the District Court is hereby directed to send a file-stamped copy of this Consent Decree to counsel of record.
9


Case 2:07-cv-01291-AJS Document 21 Filed 05/29/08 Page 10 of 11

RONALD S. COOPER

GENERAL COUNSEL

.JAMES L. LEE
DEPUTY GENERAL COUNSEL

Respectfully submitted,

,

Counsel for Defendant

M. AN CLICKNER
TRIAL ATTORNEY
PA. J.D. No. 42738 Pittsburgh Area Office Liberty Center, Suite 300 1001 Liberty Avenue Pittsburgh, PA 15222
(412) 644-6439
Counsel for PlaintiffEEOC

SO ORDERED:

Date:

_

ARTHUR J. SCHWAB

UNITED STATES DISTRICT JUDGE

10


Case 2:07-cv-01291-AJS Document 21 Filed 05/29/08 Page 11 of 11

EXHIBIT A
NOTICE TO ALL EMPLOYEES OF CHAMPION WINDOW of PITTSBURGH
This Notice is posted pursuant to a Consent Decree entered by the federal court for the Western District of Pennsylvania in EEOC v. Champion Window Manufacturing & Supply Co.. LLC. Civil Action 07-1563 (W.O. PAJ, closed and consolidated at 07-1291 (W.O. PAJ, resolving a lawsuit filed by the Equal Employment Opportunity Commission ("EEOC").
Title VII of the Civil Rights Act of \964, 42 U.S.c. § 2000e et seq., as amended ('"Title V11"), prohibits discrimination against employees and applicants for employment based upon national origin. sex, race, color or religion. Title VII further prohibits retaliatinn against employees Or applicants who avail themselves of the rights under Title VII by engaging in protected activities, such as filing a charge of discrimination and/or testifying or participating in a Commission investigation. The EEOC is the federal agency which investigates charges of unlawful employment discrimination. The EEOC has the authority to bring lawsuits in federal court to enforce Title VII.
In its lawsuit, the EEOC alleged that Champion Windows Pittsburgh violated Title VII of the Civil Rights Act of 1964 ("Title VII"). Champion Windows Pittsburgh has denied these allegations.
To resolve the case, Champion Windows Pittsburgh and the EEOC have entered into a Consent Decree which provided, among other things, that: (I )Champion Window will not discriminate on any protected basis; (2) Champion Windows Pittsburgh will not retaliate against any person because he or she opposed any practice made unlawful by Title VII. filed a Title VII charge of discrimination, participated in any Title VII proceeding: and (3) Champion Window will train all managers and supervisors and all employees and supervisors in its Human Resources Department regarding discrimination, harassment and retaliation. and regarding its policy prohibiting discrimination, and retaliation.
If you believe you have been discriminated against, you may contact Timothy Delancy at (412) 787-5300 or the Human Resources Department at 1-888-499-4933, EX1.4262.
THIS IS AN OFFICIAL NOTICE AND MUS!' NOT BE DEFACED BY ANYONE
This Notice must remain posted for four years from the date below and must not be altered, defaced or covered by any other material. Any questions about this Notice or compliance with its terms may be directed to the: Regional Attorney, EEOC Philadelphia District Office, 801 Market Street, Suite 1300, Philadelphia, PA 19106 or at (215) 440-2600. The EEOC charges no fees and has employees who speak languages oth . than English.

DATED:

Champion Windows Pittsburgh DATED:

II


 
 CasCea2s:e052-:m07c--c0v2-021563-DAoJScumDeonctu3m7e5n9t 1 FFiilleedd1111//1155//200707PagPea1geof18of 8

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA

EQUAL EMPLOYMENT OPPORTUNITY

COMMISSION,

)

Plaintiff,

)

) CIVIL ACTION NO.

v.

)

) COMPLAINT

CHAMPION WINDOW MANUFACTURING & )

SUPPLY CO., LLC, d/b/a CHAMPION

WINDOW MFG., INC. andlor d/b/a

CHAMPION WINDOW OF PITTSBURGH,

) JURY TRIAL DEMAND

Defendant.

)

NATURE OF THE ACTION This is an action under Title VII of the Civil Rights Act of 1964 and Title I of the Civil Rights Act of 1991, to correct unlawful employment practices on the basis of race and retaliation, and to provide appropriate relief to Martell Waite, an African American, who was adversely affected by such practices. As articulated with greater particularity in paragraphs 7 and 8 below, the Commission alleges that Mr. Waite, a Lead Installer for Defendant Employer, was subjected to disparate terms and conditions of employment, on the basis of his race. The Commission alleges that although Mr. Waite complained to Defendant's management about the discrimination, Defendant failed to address the inequitable treatment. The Commission further alleges that Defendant Employer retaliated against Mr. Waite after he complained about racially discriminatory treatment, when it demoted him from Lead Installer to Installer Helper and then discharged him, for pretextual reasons. As a result of the

CasCea2s:e052-:m07c--c0v2-021563-DAoJcSumDeonctu3m75e9nt 1 FFilieledd1111//1155//200707PagPea2geof28of 8
disparate treatment and retaliation, Mr. Waite suffered mental and emotional distress, and has lost significant earnings.
JURISDICTION AND VENUE 1. Jurisdiction of this Court is invoked pursuant to 28 U.S.C. $$ 4 51, 1331, 1337, 1343 and 1345. This action is authorized and instituted pursuant to Section 706(f)(l) and (3) of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. $ 2000e-5(f)(l) and (3) ("Title VII") and Section 102 of the Civil Rights Act of 1991,42 U.S.C. $ 1981a. 2. The employment practices alleged to be unlawful were committed within the jurisdiction of the United States District Court for Western District of Pennsylvania.
PARTIES 3. Plaintiff, the Equal Employment Opportunity Commission (the "Commission"), is the agency of the United States of America charged with the administration, interpretation and enforcement of Title VII, and is expressly authorized to bring this action by Section 706(f)(l) and (3) of Title VII, 42 U.S.C. $ 2000e-5(f)(l) and (3). 4. At all relevant times, Defendant Champion Window Manufacturing & Supply Co., LLC d/b/a Champion Window Mfg., Inc. and/or d/b/a Champion Window of Pittsburgh (the "Employer"), a Delaware corporation headquartered in Cincinnati, Ohio, has continuously been doing business in the State of Pennsylvania and the City of Pittsburgh, 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. $ 5 2000e(b), (g) and (h).

CasCea2s:e052-:m07c--c0v2-021563-DAoJcSumDeonctu3m75e9nt 1 FFilieledd1111/1/155/2/00707PagPeag3eof38of 8
STATEMENT OF CLAIMS 6. More than thirty days prior to the institution of this lawsuit, Charging Party Martell Waite filed a charge of discrimination with the Commission alleging violations of Title VII by Defendant Employer. All conditions precedent to the institution of this lawsuit have been fulfilled. 7. Since at least June 2006, Defendant Employer has engaged in unlawful employment practices at its Pittsburgh, Pennsylvania facility, in violation of Section 703(a)(l)
of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. 5 2000e-5(a)(l) .These
unlawful practices include, but are not limited to, the following: a. Defendant Employer is a nationwide corporation that provides home improvement
services and other consumer services; b. Commencing on or about June 1,2006, and continuing until December 14,2006,
Defendant discriminated against Mr. Waite in the terms and conditions of his employment as a Lead Installer, because of his race. For example, Mr. Waite was not assigned a Helper, as were the Caucasian Lead Installers; he was not given the same tools, as required by corporate policy as were given to the Caucasian Lead Installers; Mr. Waite was not given a corporate cell phone or a Home Depot credit card as were given to the Caucasian Lead Installers; and, Mr. Waite was not paid at the same rate as were the Caucasian Lead Installers. Finally, Mr. Waite was given a inoperable truck, which had not been inspected, for his use, while Caucasian Lead Installers were given newer and better trucks andlor new Dodge Ram trucks for their business use.
c. Mr. Waite repeatedly asked the Installation Manager and/or the General Manager to provide him with the tools, a helper, commensurate pay, and a vehicle as were afforded to the Caucasian Lead Installers, but his requests were not met.
3

CasCea2s:e052-:m07c--c0v2-021563-DAoJScumDeonctu3m7e5n9t 1 FFiilleedd1111//1155//200707PagPea4geof48of 8

8. Since at least December 14,2006, Defendant Employer has engaged in unlawful

retaliatory employment practices at its Pittsburgh, Pennsylvania facility, in violation of Section

704(a) of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. 3 2000e-3(a). These

unlawfil practices include, but are not limited to, the following:

a. In or about August, 2005 and again in or about September, 2006, Mr. Waite

complained to the Installation Manager, his immediate supervisor, about racially offensive

language that was being used by his coworkers in his presence;

b. In addition, Mr. Waite repeatedly complained to the Installation Manager about

the disparate terms and conditions of employment to which he was being subjected as a Lead

Installer;

c. In or about September 2006, Mr. Waite verbally complained to Defendant's local

human resources representative that he was not being afforded the same terms and conditions of

employment as were given to the Caucasian Lead Installers. Mr. Waite stated his belief that this

disparate treatment was based on his race;

d.

In or about September 2006, Mr. Waite sent a written letter of complaint to

Defendant's corporate human resources officer. Therein, he complained about unfair treatment

perpetrated by management personnel in Pittsburgh;

e. On or about December 14,2006, Mr. Waite was demoted from Lead Installer to a

Helper position.

f. Shortly thereafter, Mr. Waite submitted a second letter to the corporate human

resources representative. Therein, he again complained of the disparate terms and conditions of

employment he suffered as Lead Installer and the unfair demotion, and complained that the

demotion was motivated by his "color."

CasCea2s:e052-:m07c--c0v2-021563-DAoJScumDeonctu3m7e5n9t 1 FFilieledd1111//1155//200707PagPea5geof58of 8
g. Defendant Employer discharged Mr. Waite on January 27, 2007, effective January 19,2007, for pretextual reasons.
9. The effect of the practices complained of in paragraphs 7 and 8 above has been to deprive Mr. Waite of equal employment opportunities and otherwise adversely affect his status as an employee, because of his race and in retaliation for his complaints about racially derogatory language in the work place, and about disparate treatment on the basis of race.
10. The unlawful employment practices complained of in paragraphs 7 and 8 above were intentional.
11. The unlawful employment practices complained of in paragraphs 7 and 8 above were done with malice or with reckless indifference to the federally protected rights of Martell Waite.
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 disparate treatment and retaliation, and any other employment practice which discriminates on the basis of race. B. Order Defendant Employer to institute and carry out policies, practices, and programs which provide equal employment opportunities for African Americans, and which eradicate the effects of its past and present unlawful employment practices. C. Order Defendant Employer to institute and carry out anti-discrimination and antiretaliation policies and complaint procedures.

CasCea2s:e052-:m07c--c0v2-021563-DAoJScumDeonctu3m7e5n9t 1 FFilieledd1111//1155//200707PagPea6geof68of 8
D. Order Defendant Employer to institute and carry out complaint procedures which encourage employees to come forward with complaints regarding violations of its policies against discrimination and retaliation.
E. Order Defendant Employer to institute and carry out a training program which shall promote supervisor accountability imposing on all managers and supervisory personnel a duty to actively monitor their work areas to ensure compliance with policies on non-discrimination and anti-retaliation; and requiring all managers and supervisors to report any incidents and/or complaints of discrimination and/or retaliation of which they become aware to the department charged with handling such complaints.
F. Order Defendant Employer to make whole Mr. Waite, by providing appropriate backpay 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 limited to, back pay and front pay for Mr. Waite.
G. Order Defendant Employer to reinstate Mr. Waite, in lieu of fiont pay, to the position of Lead Installer, together with all benefits incident thereto, including but not limited to wages, benefits, training, seniority, and other terms and conditions of employment as are afforded other Lead Installers.
H. Order Defendant Employer to make whole Mr. Waite, by providing compensation for past and future pecuniary losses resulting from the unlawful employment practices described in paragraphs 7 and 8 above, including expenses he has incurred in searching for another job and medical expenses he has incurred, in amounts to be determined at trial.
I. Order Defendant Employer to make whole Mr. Waite by providing compensation for past and future nonpecuniary losses resulting from the unlawhl practices complained of in
6

CasCea2s:e052-:m07c--c0v2-021563-DAoJScumDeonctu3m7e5n9t 1 FFilieledd1111//1155//200707PagPea7geof78of 8
paragraphs 7 and 8 above, including emotional pain, suffering, inconvenience, loss of enjoyment of life, and humiliation, in amounts to be determined at trial.
J. Order Defendant Employer to pay Mr. Waite punitive damages for its malicious and reckless conduct described in paragraphs 7 and 8 above, in amounts to be determined at trial.
K. Grant such further relief as the Court deems necessary and proper in the public interest.
L. Award the Commission its costs of this action.

CasCea2s:e052-:m07c--c0v2-021563-DAoJScumDeonctu3m7e5n9t 1 FFiilleedd1111//1155//200707PagPea8geof88of 8
JURY TFUAL DEMAND The Commission requests a jury trial on all questions of fact raised by its complaint.
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
GWENDOLYYNOUNGREAMS ASSOCIATGEENERACLOUNSEL WASHINGTODN.,C.
~ A C Q U ~ I NHE. MCNAIR REGIONAL ATTORNEY
JUDITHA. O'BOYLE SUPERVISORY TRIAL ATTORNEY
TRIAL ATTORNEY PA. I.D.No. 42738 Pittsburgh Area Office Liberty Center, Suite 300 1001 Liberty Avenue Pittsburgh, PA 15222 (412) 644-6439 (412) 644-4935 (facsimile)

CaCsaes2e:025:0-m7-cc-v0-200125563-ADJoScuDmoecnutm37e6n1t 1-1 FiFleilded111/11/51/52/00077 PaPgaeg1e o1f o2f 2

OJS 44 (Rev 11/041

CIVIL COVER SHEET

The JS 44 civil c o v e r sheet a n d the i n f o r m a t i o n c o n t a i n e d h e r e i n n e i t h e r r e p l a c e nor s u p p l e m e n t the filing a n d s e r v i c e of p l e a d i n g s or other p a p e r s a s required by law, e x c e p t a s provided by l o c a l r u l e s of court. T h i s form, a p p r o v e d by the J u d i c i a l C o n f e r e n c e of the United S t a t e s in S e p t e m b e r 1 9 7 4 , is r e q u i r e d for t h e use of the C l e r k of Court for the
-p u r p o s e of i n i t i a t i n g the c i v i l docket s h e e t . (SEEINSTRUCTIONSONTHEREVERSEOFTHFOERM.)
I' (a) PLAINTIFFS EQUAL EMPLOYMENT OPPORTUNITYCOMMISSION DEFENDANTS CHAMPION WINDOW MANUFACTURING

(b) C o u n t y o f Residence o f First Listed (EXCEPT IN U . S . P L A I N T I F F C A S E S )
(c) A t t o r n e y s M JEAN CI.ICKNER, ESQ ( 4 1 2 ) 6 4 4 - 6 4 3 9 EEOC, P I T T S B U R G I - I

County o f R e s i d e n c e o f F i r s t L i s t e d D e f e n d a n t ~ C~OU~NT~Y~ ~ ~ ~ y
(IN U.S.PLAlNTlFF CASES ONLY) NOTE. I N LAND CONDEMNATION CASES, USE THE LOCATION O r TllE LAND INVOLVED.
Attorneys

AREA OFFICE, 1 0 0 1 LIBERTY AVENUE, S U I T E 300, P I T T S B U R G H , PA 15222 (Firm N a m e , A d d r e s s , a n d l ' e l e p h o n e N u m b e r )

A t t o r n e y s (if Known1

II. BASIS OF JURISDICTION

(Placea n ' Y i n o n e BoxOnlyl

rjl 1 U.S. Government
Plaintiff

r 3 Federal Quest~on
(U.S.Government Not a Party)

Ill. CITIZENSHIPOF PRINCIPAL PARTIES
(Far Divers~tyCases Only)

Citizen of This State

PTF

DEF

rl r1

(Placean " x ' in o ne BOX for Plaintiff
and One Box for Defendant)

PTF DEF

Incorporated or Principal Place o f Business In This State

r4

r4

r ? U.S. Government
Defendant

r4 Diversq
(Indicate Citizenship of Parries in Item 1111

Citizen of Another State
Cittzen or Subject of a Foreign Country

r r Z

2

r3 r3

Incorporated wdprincipal Place of Bus~nessin Another State
Foregn Natlon

r5

r5

r6

r6

IV. NATURE OF SUIT
CONTRACT

(Placean "x"in One BOX Only)

1

TORTS

FORFEiTURWPENALTY

BANKRUPTCY

OTHER STATUTES

II 0 Insurance

PERSONAL INJURY

120 M arlne

310 Alrplanc

130 Miller Act

i

140 Negor~abieIns~rurnent I50 R cover). of Overpaymen1

r & ~nforcemenot f Judgment I51 Medicare ~ c t

~iabiiity
1320 Assnult, Libel KSlander
1I r 330 FederalEm~loverr'

152 Recavery of Defaulted

Student Loans

r (Excl Veterans1 I'3 Recovery of Overpayment

of Veteran's Benef~ts

f

160 Stocli~olders'Suits 190 Other Conlract 195 Contract Product L~ablltrv 196 Franch~se

REAL PROPERTY
i210 Land Condemnatton 220 Foreclosure
230 Rent Lease& Ejectmenl
240 Tons to Land 245 Tort Product Llabll~ty 290 All Other Real Property

r 3 4 5 Marine Product L~abllity
r 350 Motor Vehlcle r 355 M olor Vehtcle
r Product Liability 360 Ohcr Personal lnluv CIVIL RIGHTS
( 441 Voting
442 Employment
443 Housing1
r Accommodations 444 Welfare
- r 4 4 1 Amer wiD\sab~l~ltes

rPERSONAL INJURY 362 personal lnjug r Med Malpractice - 365 personal ["jury r Product Liability 368 Asbestos personal Injury Product Liabil~ty PERSONAL PROPERTY
1370 Other Fraud 371 Truth in Lending 380 Other Personal Property Damage p 8 5 Properly Damage
Product L~abiliry
PRISONER PETITIONS
1 5 l o Moaons to vacate
I
Sentence
rHabeas Corpus: 530 General
535 Death P~nalty 540 Mandamus & Othec

610 A~ncuiture 620 Oher Food & Drug 625 Drug Related Seizure
of Property 21 USC 881 630 Llquur Laws 640 R R & Trucb 650 Anrl~nrRcgs 660 Occupat~onal
SafervlHealth
F 720 LaboriMgmt Relauons 730 LaboriXlgmt Rcpon~ng & D~sclosureAct
F 740 Railway Labor Acr 790 Other Labor Lltlgauon 791 Empi Ret l n c Secunty Act

422 4ppeal28 USC 158 F 4 2 3 W~hdrawal
28 USC 157

PROPERTY RIGHTS
- r 820 Copyrights r 830 Patent

r 840 Trademark
SOCIALSECURITY

1

861 HIA (I395ff) 862 Black Luns (923)

863 D I W CiDlWW (405is)j ? 864 SSID T~tleXVi 865 RSI (405(gj)

FEDERAL TAX SUITS

870 Taxes ill S Plainttff or Defendant]
871 IRS-Third Party 26 USC 7609

400 State Reappomonment

410 Ant~trust

430 Banks and BanL~ng 450 Commerce 460 Deportarlon

470 Rackeleer Influenced and Corrupt Organlzatlons
F 480 Consunler Cred~t 490 CabldSa~TV
F 810 Selective Service 850 Secunt~edCommodne~

'

Exchange

875 Customer Challenge 12USC3410
F890 Olher Statutory Acttons 891 Aprlculrural Acts

r 900Appeal o f Fee Delermsnahon Under EqualAccess

440 Other Clvd Rights

555 Pnson Cond~tron

950 Consl~tul~onaltotyf Statestatures

V. ORIGIN
Original
Proceeding

(Place an "x'tn One 8axOnlyl
r ' R e m o v e d from State Court

R e m a n d e d from
r3~ppellatecourt

e i n s t a t e or r4We0~ene61

T r a n s f e r r e d from
5 another district ispecib)

Multidistrict Litigation

A p p e a l to District
r 7J u d g e f r o m JMuadggi smt reantte

VI. CAUSE OF ACTION

I
/ C i t e t h e U S . Civll S t a t u t e u n d e r v h ~ c hyou a r e tiling (Do not c i t e j u r i s d i c t i o n a l s t a t u t e s u n l e s s d i v e r s i t y ) : Title VII C R A 1964. Title I C R A 1 9 9 1
~ r l e f ~ e s c r l p t l oonfcause TOc o r r e c t u n l a w f u l e m p l o y m e n t p r a c t ~ c e sb a s e d on r a c e & r e t a i l a t t o n , and p r o v l d e a p p r o p r l a t e r e l l e f to M a r t e l l W a l t e

VII. REQUESTED IN

COMPLAINT:
--

VIII.

RELATED

IF ANY

CASE(S)

DATE

, I

CHECK IF T H I S I S A CL4SS ACTION UNDER F R C P 23

DEMAND $

7

h SIGNATURE OF ATTORNEY OF RECORD

FOROFFiCE USE ONLY

r C H E C K YES only if d e m a n d e d In c o m p l a ~ n t :

JURY DEMAND:

yes

N~

/

RECEIPT k

AMOUNT

APPLYING l F P

JUDGE

MAG. JUDGE

CaCsaes2e:025:0-m7-cc-v0-200125563-ADJoScuDmoecnutm37e6n1t 1-1 FiFleilded111/11/51/52/00077 PaPgaeg2eo2f o2f 2

JS 44AREVISED OCTOBER, 1993

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA

THIS CASE DESIGNATION SHEET MUST BE COMPLETED

PART A

r This case belongs on the

Erie

r Johnstown

rjT Pittsburgh) calendar.

1. ERIE CALENDAR - If cause of actionarose inthe counties of Crawford, Elk, Erie, Forest, McKean. Venang

or Warren. OR any plaintiff or defendant resides in one of said counties.

2. JOHNSTOWN CALENDAR - If cause of action arose in thc counties of Bedford, Blair, Cambria, Clearfield or Somerset OR any plaintiff or defendant resides in one of said counties.

3. Complete if on ERIE CALENDAR: I certify that the cause of action arose in

that the

resides in

4. Complete ifon J O H N S T O M CALENDAR: I certify that the cause of action arose in

and that the

resides in

County and County.
County County.

PART B (You are to check ONE of the following)

r)? his caie is related to Number

q/ 14

Judge

-

2. [-iT This case is not related to a pending or terminated case DEFINITIONS OF RELATED CASES:

CIVIL: CiviI cases are deemed related when a case filed relates to property included in another suit or involves the same issues of fact or it grows out of the same transactions as another suit or involves the validity or infringement of a patent involved in another suit
EMINENT DOMAIN: Cases in contiguous closely located groups and in common ownership groups which will lend themselves to consolidation for trial shall be deemed related.
HABEAS CORPUS & ClVlL RIGHTS: All habeas corpus petitions filed by the same individual shall be deemed related. All pro se Civil Rightsactions by the same individual shall be deemed related.

PARTC 1 . ClVlL
1.
2. 3.

CATEGORY (Place x in only applicable category).
r Antitrust and Securities Act Cases
r Labor-ManagementRelations
r Habeascorpus

4.

Civil Rights

5.

r Patent, Copyright, and Trademark

6

r Eminent Domain

7.

r All other federal question cases

8.

r All personal and property damage tort cases, including maritime, FELA, Jones Act, Motor

vehicle, products liability, assault, defamation, malicious prosecution, and false arrest

9.

r Insurance indemnity, contract and other diversity cases.

10.

r Government

Collection Cases (shall include HEW Student Loans (Education),

VA Overpayment, Overpayment of Social Security, Enlistment Overpayment (Army, Navy, etc.),

HUD Loans, GAO Loans (Misc. Types), Mortgage Foreclosures, S.BA. Loans, Civil Penalties and

Coal Mine Penalty and Reclamation Fees.)

I certify that t o the best of my knowledge the entries on thiscase Designation Sheet are true and correct

*///d @. ne /b5 DATE

7 (7

ATTORNEY ATTORNEY AT LAW

d'& (7

1 '

NOTE: ALL SEC'TIONS OF BOTH SIDES MUST BE COMPLETED BEFORE CASE CAN BE PROCESSED.

CasCea2s:e052-:m07c--c0v2-021563-DAoJScumDeonctu3m7e5n9t-31-2 FFiilleedd1111//1155//200707PagPea1geof12of 2
% A 0 440 (Rev. 10193)Summons in a Civil Action

WESTERN
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff, v.

District of

PENNSYLVANIA

SUMMONS IN A CIVIL CASE

CHAMPION WINDOW MANUFACTURTNG & SUPPLY CO., LLC, d/b/a CHAMPION WINDOW MFG., INC. and/or d/b/a CHAMPION WINDOW OF PITTSBURGH,

CASE NUMBER:

Defendant.

TO: ( ~ a r n eand address of Defendant)
CORPORATE REPRESENTATlVE OF CHAMPION WINDOWS OF PITTSBURGH, INC. JAY HYMAN, PRESIDENT 514 PARKWAY VIEW DR PITTSBURGH, PA 15205-1410
YOU ARE HEREBY SUMMONED and required to serve upon PLAINTIFF'S ATTORNEY (name and
M. JEAN CLICKNER, ESQUIRE EQIJAL EMPLOYMENT OPPORTUNITY COMMISSION PITTSBURGH AREA OFFICE LIBERTY CENTER, SUITE 300 1001 LIBERTY AVENUE PITTSBURGH, PA 15222

an answer to the complaint which is herewith served upon you, within

20

days after service of this

summons upon you, exclusive of the day of service. If you fail to do so,judgment by default will be taken against you for

the relief demanded in the complaint. You must also file your answer with the Clerk of this Court within a reasonable

period of time after senice.

CLERK (By) DEPUTY CLERK

DATE

CasCea2s:e052-:m07c--c0v2-021563-DAoJScumDeonctu3m7e5n9t-31-2 FFilieledd1111//1155//200707PagPea2geof22of 2

% A 0 440 (Rev. 10193) Summons in a Civil Action

RETURN OF SERVICE

1

Service of the Summons and complaint was made by me(')

DATE

NAME OF SERVER (PRINT)

TITLE

I
Check one box below to indicate appropriate method ofsewice

Served personally upon the third-party defendant. Place where served:

I

Left copies thereof at the defendant's dwelling house or usual place of abode with a person of suitable age and

discretion then residing therein.

Name of person with whom the summons and complaint were left:

I

Returned unexecuted:

Other (specify):

TRAVEL

STATEMENT OF SERVICE FEES SERVICES
DECLARATION OF SERVER

TOTAL

- - - ---

I declare under penalty of perjury undcr the laws of the United States of America that the foregoing information contained in the Return of Service and Statement of Service Fees is true and correct.

Address of Server

I
( 1 ) As to who may serve a summons see Rule 4 of the Federal Rules ofcivil Procedure.

 
 Case 2:07-cv-01563-AJS Document 11 Filed 12/20/07 Page 1 of 8

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff,

Civil Action No. 07-1563

MARTELL WAITE,

Judge Schwab

Plaintiff-Intervenor,

v.

CHAMPION WINDOW MANUFACTURING & SUPPLY CO., LLC, d/b/a/ CHAMPION WINDOW MFG., INC. and/or d/b/a CHAMPION WINDOW OF PITTSBURGH

Defendant.

JURY TRIAL DEMANDED

COMPLAINT IN INTERVENTION

Intervenor, Martell Waite, files this Complaint in Intervention and joins with Plaintiff, Equal

Employment Opportunity Commission, in seeking legal and equitable relief, and also asserts his own

claim pursuant to Title VII of the Civil Rights Act of 1964, 42 U.S.C. §§2000e-2(a)(1) and 2000e-

3(a), and the Pennsylvania Human Relations Act (PHRA), 43 Pa. Cons.Stat.Ann. §§ 955(a) and

955(d) in support alleges the following:

I. Jurisdiction

1. The jurisdiction of this Court is invoked pursuant to 42 U.S.C. §2000e-5(f)(1); 42

U.S.C. §1981A, and this Court’s supplemental jurisdiction pursuant to 28 U.S.C. §1367.

2. Intervenor, Martell Waite, intervenes as of right pursuant to Fed. R.Civ.P. 24(a) and

42 U.S.C. §2000e-5(f)(1).

1

Case 2:07-cv-01563-AJS Document 11 Filed 12/20/07 Page 2 of 8
II. The Parties 3. Plaintiff, the Equal Employment Opportunity Commission (“Commission”), is the agency of the United States of America charged with the administration, interpretation and enforcement of Title VII. 4. Plaintiff-Intervenor, Martell Waite (“Waite”), is an African American Male, and was an employee of Defendant. 5. Defendant, a construction company, is a Delaware Corporation headquartered in Cincinnati, Ohio, and has continuously been doing business in the State of Pennsylvania and the City of Pittsburgh.
III. Factual Background 6. Waite worked for Defendant from August 2005 and was fired January 27, 2007 effective January 19, 2007. 7. Defendant hired Waite as a Helper. 8. When Waite began his employment with Defendant, Defendant’s employee, Dan Sabol, referred to Waite as “boy.” Defendant’s supervisors were aware Sabol referred to Waite as “boy.” 9. In June 2006, Defendant promoted Waite to Lead Installer. 10. In August 2006, Defendant’s employee, Michael Duggins, said he was “the technician not the nigger.” Duggins said this in the presence of both Waite and Waite’s supervisor, David Swartzwelder. 11. When Waite confronted and complained to Swartzwelder about Duggins’ use of the word, “nigger;” Swartzwelder replied, “I know you’ve heard that word before.”
2

Case 2:07-cv-01563-AJS Document 11 Filed 12/20/07 Page 3 of 8
12. In September 2006, Waite complained to Swartzwelder about being treated differently than similarly situated white Lead Installers. Swartzwelder threatened to fire Waite unless he “backed-off.”
13. Thereafter, Waite informed his regional Human Resources Director of the “nigger” comment; how he was being treated differently than similarly-situated co-workers because of his race; and his intention to complain to Defendant’s corporate office. Respondent’s Human Resources Director advised Waite not to mention race in his complaint to Defendant’s corporate office.
14. In September 2006, Waite sent a complaint/letter to Defendant’s corporate office in Cincinnati.
15. Waite was demoted from Lead Installer to Helper in December 2006. 16. In December 2006, Waite sent a second complaint/letter to Defendant’s corporate office in Cincinnati, in which Waite said Defendant treated him differently because of his color. 17. Defendant fired Waite on January 27, 2007, effective January 19, 2007, which was the last day Waite worked.
Count I Title VII Discrimination 18. Waite incorporates by reference paragraphs 1 through 17 as if fully restated herein. 19. Defendant engaged in unlawful employment practices, demoted Waite, and fired Waite because of his race in violation of Title VII of the Civil Rights Act, 42 U.S.C. §2000e-2(a)(1). 20. Defendant’s unlawful employment practices, demotion, and termination of Waite were undertaken with reckless indifference to his federally protected rights under Title VII. 21. As a direct result of Defendant’s violation of Title VII, Waite has lost wages and other
3

Case 2:07-cv-01563-AJS Document 11 Filed 12/20/07 Page 4 of 8
economic benefits of his employment with Defendant, in addition to suffering extreme emotional
distress, depression, inconvenience and humiliation.
WHEREFORE, Waite requests the following:
a. That the Court enter a judgment declaring Defendant’s actions to be unlawful and in violation of Title VII of the Civil Rights Act;
b That Defendant be ordered to reinstate Plaintiff and provide him accumulated seniority, fringe benefits, and all other rights;
c. That Defendant be required to compensate Plaintiff for the full value of wages he would have received had it not been for Defendant’s illegal treatment of Plaintiff, with interest from the date of discrimination, in addition to reimbursement for lost pension, social security, experience, training opportunities and other benefits;
d. That the Court award Plaintiff compensatory damages as a result of Defendant’s violations of Title VII of the Civil Rights Act;
e. That Defendant be ordered to pay Plaintiff punitive damages in an amount sufficient to punish Defendant’s illegal conduct and to deter others from engaging in similar conduct.
f. That Defendant be enjoined from discriminating against Plaintiff in any manner that violates Title VII of the Civil Rights Act;
g. That Plaintiff be awarded against Defendant the costs and expenses of this litigation and a reasonable attorney fee; and
h. That the Court grant Waite additional relief as may be just and proper.
Count II Title VII Retaliation
22. Plaintiff incorporates by reference the allegations in Paragraphs 1 to 21 as if fully
restated herein.
23. Defendant fired Waite in retaliation for opposing conduct made illegal under Section
4

Case 2:07-cv-01563-AJS Document 11 Filed 12/20/07 Page 5 of 8
704(a) of Title VII of the Civil Rights Act, as amended, 42 U.S.C. §2000e-3(a).
24. As a direct result of Defendant’s retaliation, Waite has lost wages and other economic
benefits of his employment with Defendant, in addition to suffering extreme emotional distress,
depression, inconvenience and humiliation.
WHEREFORE, Waite requests the following:
a. That the Court enter a judgment declaring Defendant’s actions to be unlawful and in violation of Title VII of the Civil Rights Act;
b. That Defendant be ordered to reinstate Plaintiff and provide his accumulated seniority, fringe benefits and all other rights;
c. That Defendant be required to compensate Plaintiff for the full value of wages he would have received had it not been for Defendant’s illegal treatment of Plaintiff, with interest from the date of discrimination, in addition to reimbursement for lost pension, social security, experience, training opportunities and other benefits;
d. That the Court award Plaintiff compensatory damages as a result of Defendant’s violations of Title VII of the Civil Rights Act;
e. That Defendant be ordered to pay Plaintiff punitive damages in an amount sufficient to punish Defendant’s illegal conduct and to deter others from engaging in similar conduct.
f. That Defendant be enjoined from discriminating against Plaintiff in any manner that violates Title VII of the Civil Rights Act;
g. That Plaintiff be awarded against Defendant the costs and expenses of this litigation and a reasonable attorney fee; and
h. That the Court grant Waite additional relief as may be just and proper.
Count III PHRA
25. Plaintiff incorporates by reference the allegations in Paragraphs 1 to 24 as if fully
restated herein.
5

Case 2:07-cv-01563-AJS Document 11 Filed 12/20/07 Page 6 of 8
26. Defendant fired Waite because of his race and in retaliation for opposing race discrimination in violation of the PHRA, 43 Pa. Conns. Stat.Ann. §§ 955(a) and 955(d).
27. As a direct result of Defendant’s violation of the PHRA, Waite has lost wages and other economic benefits of his employment with Defendant, in addition to suffering extreme emotional distress, depression, inconvenience and humiliation.
WHEREFORE, Waite requests the following: a. That the Court enter a judgment declaring Defendant’s actions to be unlawful and in violation of the Pennsylvania Human Relations Act; b. That Defendant be ordered to reinstate Plaintiff and provide his accumulated seniority, fringe benefits, and all other rights; c. That Defendant be required to compensate Plaintiff for the full value of wages he would have received had it not been for Defendant’s illegal treatment of Plaintiff, with interest from the date of discrimination, in addition to reimbursement for lost pension, social security, experience, training opportunities and other benefits; d. That the Court award Plaintiff compensatory damages as a result of Defendant’s violations of the Pennsylvania Human Relations Act; e. That Defendant be enjoined from discriminating against Plaintiff in any manner that violates the Pennsylvania Human Relations Act; f. That Plaintiff be awarded against Defendant the costs and expenses of this litigation and a reasonable attorney fee; and g. That the Court grant Waite additional relief as may be just and proper
6

Case 2:07-cv-01563-AJS Document 11 Filed 12/20/07 Page 7 of 8 Respectfully submitted, Ogg, Cordes, Murphy & Ignelzi /S/ Samuel J. Cordes Samuel J. Cordes Tiffany R. Waskowicz Pa.I.D. No. 54874 (Cordes) Pa.I.D. No. 202933 (Waskowicz) 245 Fort Pitt Boulevard Pittsburgh, PA 15222 (412) 471-8500 Attorneys for Plaintiff Intervenor
7

Case 2:07-cv-01563-AJS Document 11 Filed 12/20/07 Page 8 of 8
CERTIFICATE OF SERVICE I hereby certify that on this 20th day of December 2007, I served a copy of the foregoing Complaint in Intervention via electronic mail as follows:
John J. Myers Allison L. Feldstein Eckert Seamans Cherin & Mellott 600 Grant Street, 44th Floor Pittsburgh, PA 15219
M. Jean Clickner, Esquire U.S. Equal Employment Opportunity Commission
Pittsburgh Area Office Liberty Center, Suite 300 1001 Liberty Avenue Pittsburgh, PA 15222
/S/ Samuel J. Cordes Samuel J. Cordes

 
 Case: 2:07-cv-01291-AJS As of: 06/28/2013 02:38 PM EDT 1 of 4
CLOSED,CONSOL,LEAD
U.S. District Court Western District of Pennsylvania (Pittsburgh) CIVIL DOCKET FOR CASE #: 2:07−cv−01291−AJS

WAITE v. CHAMPION WINDOWS MANUFACTURING, INC. Assigned to: Arthur J. Schwab Cause: 42:2000 Job Discrimination (Race)
Plaintiff

Date Filed: 09/25/2007 Date Terminated: 05/13/2008 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: Federal Question

MARTELL WAITE

represented by Samuel J. Cordes Samuel J. Cordes &Associates 245 Fort Pitt Boulevard 2nd Floor Pittsburgh, PA 15222 (412) 281−7991 Fax: (412) 325−3348 Email: scordes@cordeslawfirm.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

Tiffany R. Waskowicz Joshua M. Bloom &Associates Grant Building 310 Grant Street, Suite 1230 Pittsburgh, PA 15219 (412) 288−6000 Fax: (412) 288−6010 Email: twaskowicz@yahoo.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

Plaintiff Consolidated
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

represented by Jacqueline H. McNair Equal Employment Opportunity Commission 21 South Fifth Street Suite 400, The Bourse Building Philadelphia, PA 19106 (215) 440−2666 Email: Jacqueline.McNair@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Judith A. O'Boyle Equal Employment Opportunity Commission 21 South Fifth Street Suite 400, The Bourse Building Philadelphia, PA 19106 (215) 440−2666 Email: Judith.Oboyle@EEOC.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

M. Jean Clickner Equal Employment Opportunity Commission 1000 Liberty Avenue William S. Moorhead Federal Building, Suite 1112

Case: 2:07-cv-01291-AJS As of: 06/28/2013 02:38 PM EDT 2 of 4
Pittsburgh, PA 15222 (412) 395−5843 Fax: (412) 395−5749 Email: jean.clickner@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

V. Defendant CHAMPION WINDOWS MANUFACTURING, INC. doing business as CHAMPION WINDOWS OF PITTSBURGH
Defendant Consolidated CHAMPION WINDOW MANUFACTURING &SUPPLY CO., LLC doing business as CHAMPION WINDOW OF PITTSBURGH doing business as CHAMPION WINDOW MFG., INC.

represented by Allison Feldstein Eckert, Seamans, Cherin &Mellott 600 Grant Street 44th Floor Pittsburgh, PA 15219 (412) 566−6000 Email: afeldstein@eckertseamans.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Keenan D. Holmes Holmes Law Group 4017 Washington Road, #319 McMurray, PA 15317 4122280322 Fax: 8882953727 Email: kh@keenanholmes.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Allison Feldstein (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Keenan D. Holmes (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed 09/25/2007
09/25/2007 09/25/2007 10/04/2007
10/10/2007

# Docket Text
1 COMPLAINT against CHAMPION WINDOWS MANUFACTURING, INC., filed by MARTELL WAITE. (Filing fee $350 paid, Receipt #693970) (Attachments: # 1 Civil Cover Sheet)(sjs ) (Entered: 09/25/2007)
Summons Issued as to CHAMPION WINDOWS MANUFACTURING, INC. (sjs ) (Entered: 09/25/2007)
2 NOTICE of Appearance by Tiffany R. Waskowicz on behalf of MARTELL WAITE (Waskowicz, Tiffany) (Entered: 09/25/2007)
3 WAIVER OF SERVICE Returned Executed by MARTELL WAITE. CHAMPION WINDOWS MANUFACTURING, INC. waiver sent on 9/26/2007, answer due 11/26/2007. (Waskowicz, Tiffany) (Entered: 10/04/2007)
4 NOTICE that instant civil action has been designated for placement into the United States District Court's Alternative Dispute Resolution program. Parties are directed to fully complete the required 26(f) report, which includes the stipulation of selecting an ADR process. Counsel for plaintiff (or in the case of a removal action, counsel for removing defendant) shall make service of the notice on all parties.(ms) (Entered: 10/10/2007)

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11/26/2007 11/26/2007 12/04/2007
01/04/2008 01/04/2008 01/04/2008 01/11/2008
01/11/2008
01/11/2008
01/11/2008 01/14/2008 01/16/2008 01/22/2008

5 ANSWER to Complaint by CHAMPION WINDOWS MANUFACTURING, INC. (Feldstein, Allison) (Entered: 11/26/2007)
6 Disclosure Statement identifying None as corporate parent, by CHAMPION WINDOWS MANUFACTURING, INC. (Feldstein, Allison) (Entered: 11/26/2007)
7 ORDER SETTING INITIAL CASE MANAGEMENT CONFERENCE: Proposed Case Management Order, ADR Stipulation and Rule 26 Meeting Report due by 01/04/08. Case Management Conference set for 01/11/08 at 8:00 AM before Arthur J. Schwab. This Conference will occur together with the Initial Case Management Conference of its related case 07cv1563. Signed by Judge Arthur J. Schwab on 12/04/07. (eca) (Entered: 12/04/2007)
8 Proposed Case Management Order by MARTELL WAITE. (Waskowicz, Tiffany) (Entered: 01/04/2008)
9 REPORT of Rule 26(f) Planning Meeting. (Waskowicz, Tiffany) (Entered: 01/04/2008)
10 STIPULATION selecting ADR process by MARTELL WAITE (Waskowicz, Tiffany) (Entered: 01/04/2008)
Minute Entry for proceedings held before Judge Arthur J. Schwab : Case Management Conference held on 1/11/2008. Case Management and Pretrial Orders issued. Parties agreed to mediate before Maria Greco Danaher. Cases 07cv1291 and 07cv1563 will be consolidated. Text−only entry; no PDF document will issue. This text−only entry constitutes the Court's order or notice on the matter. (Court Reporter: K. Earley) (ms) (Entered: 01/11/2008)
11 CASE MANAGEMENT ORDER: Exchange of required Rule 26(a)(1) information due by 1/25/2008, Amended Pleadings due by 2/10/2008, Discovery due by 6/9/2008, Plaintiff's Pretrial Statement due by 8/1/2008, Defendant's Pretrial Statement due by 8/11/2008, Plaintiff's Expert Reports due by 5/10/2008, Defendant's Expert Reports due by 5/30/2008, Expert Depositions to be completed by 6/9/2008, Summary Judgment due by 6/29/2008, Response to Summary Judgment due by 7/9/2008, Willingness to proceed before Magistrate Judge due by 2/10/2008. Signed by Judge Arthur J. Schwab on 1/11/08. (ms) (Entered: 01/11/2008)
12 PRETRIAL ORDER Plaintiff's witness list due by 8/1/2008, Defendant's Witness list due by 8/11/2008, Proposed Voir Dire by 8/18/2008, Points for Charge due by 8/18/2008, Proposed Verdict Slips due by 8/18/2008, Stipulation due by 8/18/2008, Motions in Limine due by 8/13/2008, Response to Motions in Limine due by 8/18/2008, Jury Trial set for 9/22/2008 at 9:00 AM in Courtroom 7C before Judge Arthur J. Schwab, Pretrial Conference set for 9/5/2008 at 8:00 AM in Courtroom 7C before Judge Arthur J. Schwab. Signed by Judge Arthur J. Schwab on 1/11/08. (ms) (Entered: 01/11/2008)
13 ORDER REFERRING CASE to Mediation. Maria Grecor Danaher is appointed as mediator. Mediation shall occur by 3/11/08. Signed by Judge Arthur J. Schwab on 1/11/08. (ms) (Entered: 01/11/2008)
14 ORDER REGARDING CONSOLIDATION. This case is hereby designated a LEAD case. All pleadings, motions, and other documents hereafter relating to this case or the consolidated case shall be captioned and filed at Civil Action No. 07−1291. Signed by Judge Arthur J. Schwab on 01/14/08. (eca) (Entered: 01/14/2008)
15 NOTICE of Appearance by Keenan D. Holmes on behalf of CHAMPION WINDOW MANUFACTURING &SUPPLY CO., LLC, CHAMPION WINDOWS MANUFACTURING, INC. (Holmes, Keenan) (Entered: 01/16/2008)
16 Notice of ADR proceeding: The litigants are advised that at the conclusion of the ADR process they must submit a completed questionnaire to the Clerk of Courts. The questionnaire is available on the Court's website at www.pawd.uscourts.gov and click on the ADR icon. Mediation Conference set for 3/4/2008 09:30 AM (Danaher, Maria) (Entered: 01/22/2008)

Case: 2:07-cv-01291-AJS As of: 06/28/2013 02:38 PM EDT 4 of 4

02/28/2008 03/06/2008
03/26/2008 04/08/2008
05/12/2008 05/13/2008 05/13/2008
05/29/2008 05/30/2008

ORDER OF COURT. The parties are hereby ordered to use trial presentation technology and courtroom technology, and trial exhibit summaries (pursuant to Rule 1006 of the Federal Rules of Evidence), to the fullest extent possible. Text−only entry; no PDF document will issue. This text−only entry constitutes the Courts order or notice on the matter. Signed by Judge Arthur J. Schwab on 2/28/08. (ms) Modified on 2/29/2008 to correct typo (ksa). (Entered: 02/28/2008)
17 REPORT of Mediation: Settlement has not been reached. Amount of discovery conducted: written discovery was conducted. Case has settled in Part. For cases participating in the Court's ADR pilot project, the parties are reminded of their obligation to complete the ADR questionnaire and return same to the Clerk of Court within 5 days of the conclusion of the ADR process. The questionnaire can be accessed at www.pawd.uscourts.gov. Click on the ADR icon. Mediation session was held on 3/4/2008. (Danaher, Maria) (Entered: 03/06/2008)
18 ORDER SCHEDULING STATUS / SETTLEMENT CONFERENCE. A Status / Settlement Conference is hereby set for 5/15/2008 at 01:30 PM before Arthur J. Schwab. Each party shall supply the Court with confidential letters within three (3) business days of the Status / Settlement Conference. Each party shall also submit to the Court a proposed settlement agreement within three (3) business days of the Status / Settlement Conference. Signed by Judge Arthur J. Schwab on 03/26/08. (eca) (Entered: 03/26/2008)
ORDER RESCHEDULING STATUS / SETTLEMENT CONFERENCE. The Status / Settlement Conference that was previously scheduled for 5/15/2008 at 01:30 PM is hereby RESCHEDULED for 5/13/2008 at 09:00 AM before Arthur J. Schwab. Each party shall supply the Court with confidential letters within three (3) business days of the rescheduled Status / Settlement Conference. Each party shall also submit to the Court a proposed settlement agreement within three (3) business days of the rescheduled Status / Settlement Conference. Signed by Judge Arthur J. Schwab on 04/08/08. Text−only entry; no PDF document will issue. This text−only entry constitutes the Order of the Court or Notice on the matter. (eca) (Entered: 04/08/2008)
19 Joint MOTION to Cancel Settlement Conference re 18 Order by CHAMPION WINDOW MANUFACTURING &SUPPLY CO., LLC, CHAMPION WINDOWS MANUFACTURING, INC. (Attachments: # 1 Proposed Order) (Feldstein, Allison) Text modified on 5/13/2008 (ept). (Entered: 05/12/2008)
20 ORDER granting 19 Motion to Cancel Settlement Conference scheduled for 05/13/08 at 9:00 AM. Said conference is hereby CANCELLED. Signed by Judge Arthur J. Schwab on 05/13/08. (eca) (Entered: 05/13/2008)
TEXT ORDER. It appearing to the Court that the parties have agreed to an amicable resolution of this matter, IT IS ORDERED that the Clerk shall remove this case from the docket for administrative purposes. IT IS FURTHER ORDERED that, in the event any party fails to execute the settlement agreement, the case shall be reinstated to the docket upon written request of any party for purposes of enforcement of the settlement agreement. IT IS FINALLY ORDERED that the Court shall retain jurisdiction to enforce the terms of the settlement agreement of the parties. Clerk is to mark CASE CLOSED. Signed by Judge Arthur J. Schwab on 05/13/08. Text−only entry; no PDF document will issue. This text−only entry constitutes the Order of the Court or Notice on the matter. (eca) (Entered: 05/13/2008)
21 CONSENT DECREE by EQUAL EMPLOYMENT OPPORTUNITY COMMISSION. (Clickner, M.) (Entered: 05/29/2008)
22 ORDER APPROVING 21 Consent Decree. Signed by Judge Arthur J. Schwab on 05/30/08. (eca) (Entered: 05/30/2008)