Case 1:03-cv-02023-KMO Document 1 Filed 09/30/2003 Page 1 of 8
'"

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO EASTERN DIVISION

EQUAL EMPLOYMENT OPPORTUNITY )

COMMISSION,
Plaintiff,

)

) )

lVil~O'C~(2 0 2~

) JUd5\JDGE !,)'MAlI

v.

)

) COMPLAINT AND JURY TRIAL

S & Z TOOL & DIE CO., INC.,

)

DEMAND

)

Defendant.

)

)
MAG. JUDGE PERELMAN

NATURE OF THE ACTION

This is an action under Title VII of the Civil Rights Act of 1964 ("Title VII") and Title I of

the Civil Rights Act of 1991 to correct unlawful employment practices on the basis of sex and race,

and to provide appropriate relief to Charging Party Molly Baron-Prodan and a class of other,

similarly situated female and Black applicants for employment. As alleged with greater particularity

in paragraphs 7-21, below, the United States Equal Employment Opportunity Commission ("the

Commission") alleges that the Defendant S & Z Tool & Die Co., Inc. ("S & Z Tool") has engaged

in a pattern or practice of refusing to hire female applicants for employment because of their sex and

Black applicants because of their race in violation of Title VIT. The Commission further alleges that

Case 1:03-cv-02023-KMO Document 1 Filed 09/30/2003 Page 2 of 8
Defendant S & Z Tool has failed to preserve personnel and employment records in violation of Title VII and the Commission's Regulations implementing Title VII.
JURISDICTION AND VENUE 1. Jurisdiction of this Court is invoked pursuant to 28 U.S.C. §§ 451,1331,1337,1343 and 1345. This action is authorized and instituted pursuant to Section 706(f)(l) and (3) of Title VII of the Civil Rights Act of 1964, as amended ("Title VII"), 42 U.S.c. § 2000e-5(f)(l) and (3), Section 707 of Title VII, 42 U.S.c. § 2000e-6, Section 709(c) of Title VII, 42 U.S.C. § 2000e-8(c), and Section 102 of the Civil Rights Act of 1991, 42 U.S.c. § 1981a. 2. The employment practices alleged to be unlawful were and are now being committed within the jurisdiction of the United States District Court for the Northern District of Ohio, Eastern Division.
PARTIES 3. Plaintiff, the United States 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)(1) and (3) of Title VII, 42 U.S.C. § 2000e-5(f)(l) and (3), Section 707 ofTitIe VII, 42 U.S.C. § 2000e-6, and Section 709(c) of Title VII, 42 U.S.c. § 2000e-8(c). 4. At all relevant times, Defendant S & ZTool &Die Co., Inc. ("S &ZTool"), an Ohio corporation, has continuously been doing business in the State of Ohio and the City of Cleveland, and has continuously had at least 15 employees. 5. At all relevant times, Defendant S & Z Tool has continuously been an employer engaged in an industry affecting commerce within the meaning of Section 701(b), (g) and (h) of Title
2

Case 1:03-cv-02023-KMO Document 1 Filed 09/30/2003 Page 3 of 8
VII, 42 U.S.C. § 2000e(b), (g) and (h).
STATEMENT OF CLAIMS 6. More than thirty days prior to the institution of this lawsuit, Molly Baron-Prodan (fonnerly "Baron-Hriscu") filed a charge of discrimination with the Commission alleging violations of Title VII by Defendant S & Z Tool. All conditions precedent to the institution of this lawsuit have been fulfilled. 7. Since at least January 1,1991, Defendant S & Z Tool has engaged in a pattern or practice of unlawful employment practices at its Cleveland, Ohio facility in violation of Section 703(a)(l) and (a)(2) of Title VII, 42 U.S.C. § 2000e-2(a)(I) and (a)(2). 8. Since at least January 1, 1991, Defendant S & Z Tool has engaged in a pattern or practice of refusing to hire female job applicants for non-clerical entry-level positions, including but not limited to laborer positions, or for semi-skilled positions, including but not limited to machine operator positions, because of their sex, female, in violation of Title VII. 9. On or about August 15, 1999, Defendant S & Z Tool refused to hire Molly BaronProdan because of her sex, female, in violation of Title VII. 10. On or about August 22, 2000, Defendant S & Z Tool refused to hire Rebecka Reed because of her sex, female, in violation of Title VII. 11. On or about August 24, 2000, Defendant S & Z Tool refused to hire Carmen Maria Vazquez because of her sex, female, in violation of Title VII. 12. On or about June 21, 2000, Defendant S & Z Tool refused to hire June Copeland because of her sex, female, in violation of Title VII.
3

Case 1:03-cv-02023-KMO Document 1 Filed 09/30/2003 Page 4 of 8
13. On or about September 10, 2000, Defendant S & Z Tool refused to hire Christina Rowe because of her sex, female, in violation of Title VII.
14. On or about January 3, 2000, Defendant S & Z Tool refused to hire Sherrie Ramos because of her sex, female, in violation of Title VII.
15. On or about June 29, 2000, Defendant S & Z Tool refused to hire Barbara Perry because of her sex, female, in violation of Title VII.
16. Since at least January 1,1991, Defendant S & Z Tool has engaged in a pattern or practice of refusing to hire a class of presently unidentified female job applicants for non-clerical entry-level positions, including but not limited to laborer positions, or for semi-skilled positions, including but not limited to machine operator positions, because of their sex, female, in violation of Title VII.
17. Since at least January 1, 1991, Defendant S & Z Tool has engaged in a pattern or practice of refusing to hire a class of presently unidentified Black job applicants for non-clerical entry-level positions, including but not limited to laborer positions, or for semi-skilled positions, including but not limited to machine operator positions, because oftheir race, Black, in violation of Title VII.
18. Since at least January 1,1999, Defendant S & ZTool has failed to preserve personnel and employment records that it has made or kept for at least one year from the date of making of the records and/or personnel action involved, and has failed to preserve such relevant records until final disposition of a charge of discrimination in violation of Title VII and the Commission's Regulations set forth at 29 c.F.R. § 1602.14
19. The effect of the practices complained of in paragraphs 7-18, above, has been to
4

Case 1:03-cv-02023-KMO Document 1 Filed 09/30/2003 Page 5 of 8

deprive Molly Baron-Prodan, Rebecka Reed, Carmen Maria Vazquez, June Copeland, Christina

Rowe, Sherrie Ramos, Barbara Perry, a class of presently unidentified, similarly-situated female job

applicants, and a class of presently unidentified, similarly-situated Black job applicants of equal

employment opportunities and otherwise adversely affect their status as employees because of their

sex and/or race.

20. The unlawful employment practices complained of in paragraphs 7-19, above, were

and are intentional.

21. The unlawful employment practices complained of in paragraphs 7-20, above, were

and are done with malice or with reckless indifference to the federally protected rights of Molly

Baron-Prodan, Rebecka Reed, Carmen Maria Vazquez, June Copeland, Christina Rowe, Sherrie

'

Ramos, Barbara Perry, a class of presently unidentified, similarly-situated female job applicants, and

a class of presently unidentified, similarly-situated Black job applicants.

PRAYER FOR RELIEF

Wherefore, the Commission respectfully requests that this Court:

A. Grant a permanent injunction enjoining Defendant, its officers, successors, assigns,

and all persons in active concert or participation with it, from engaging in sex and race

discrimination, including sex or race-based denial of hire and any other employment practice which

discriminates on the basis of sex or race.

B. Order Defendant to institute and carry out policies, practices, and programs which

provide equal employment opportunities for female and Black persons, and which eradicate the

effects of its past and present unlawful employment practices.

C. Order Defendant to make whole Molly Baron-Prodan, Rebecka Reed, Carmen Maria

5

Case 1:03-cv-02023-KMO Document 1 Filed 09/30/2003 Page 6 of 8
Vazquez, June Copeland, Christina Rowe, Sherrie Ramos, Barbara Perry and a class of presently unidentified, similarly-situated female and/or Blackjob applicants by providing appropriate back pay with prejudgment interest, in amounts to be determined at trial, and other affirmative relief necessary to eradicate the effects of its unlawful employment practices, including but not limited to instatement and front pay.
D. Order Defendant to make whole Molly Baron-Prodan, Rebecka Reed, Carmen Maria Vazquez, June Copeland, Christina Rowe, Sherrie Ramos, Barbara Perry and a class of presently unidentified, similarly-situated female and/or Black job applicants by providing compensation for past and future pecuniary losses resulting from the unlawful employment practices described in paragraphs 7-21, above, including medical expenses and job search expenses, in amounts to be determined at trial.
E. Order Defendant to make whole Molly Baron-Prodan, Rebecka Reed, Carmen Maria Vazquez, June Copeland, Christina Rowe, Sherrie Ramos, Barbara Perry and a class of presently unidentified, similarly-situated female and/or Black job applicants by providing compensation for past and future non-pecuniary losses resulting from the unlawful practices complained of in paragraphs 7-21, above, including emotional pain, suffering, inconvenience, mental anguish, loss of enjoyment of life, and other non-pecuniary losses, in amounts to be determined at trial.
F. Order Defendant to pay Molly Baron-Prodan, RebeckaReed, Carmen Maria Vazquez, June Copeland, Christina Rowe, Sherrie Ramos, Barbara Perry and a class of presently unidentified, similarly-situated female and/or Black job applicants punitive damages for the malicious and reckless conduct described in paragraphs 7-21, above, in amounts to be determined at trial.
G. Order Defendant to preserve personnel and employment records in compliance with
6

Case 1:03-cv-02023-KMO Document 1 Filed 09/30/2003 Page 7 of 8
the requirements of Title vn and the Commission's Regulations.
H. Grant such further relief as the Court deems necessary and proper in the public interest.
1. Award the Commission its costs of this action.
JURY TRIAL DEMAND The Commission requests a jury trial on all questions of fact raised by its complaint.
Respectfully submitted, ERIC S. DRIEBAND General Counsel JAMES L. LEE Deputy General Counsel GWENDOLYN YOUNG REAMS Associate General Counsel EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 1801 L Street, N.W. Washington, DC 20507
TSON (Reg. No. 0031443) Regional Attorney Telephone number: (216) 522-7455 Facsimile number: (216) 522-7430 E-mail address: larry.watson@eeoc.goY
7

Case 1:03-cv-02023-KMO Document 1 Filed 09/30/2003 Page 8 of 8
MAYS (Reg Supervisory Trial Attorney , Telephone number: (216) 522-4796 Facsimile number: (216) 522-7430 E-mail address: Lawrence.Mays@eeoc.gov
.'
JE Y; A. STERN (Reg. No. 0020107) Trial Attorney Telephone Number (216) 522-7458 Facsimile Number (216) 522-7430 E-mail address: Jeffrey.Stern@eeoc.gov EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Cleveland District Office 1660 West Second Street, Suite 850 Cleveland, Ohio 44113
8

Case 1:03-cv-02023-KMO Document 1-2 Filed 09/30/2003 Page 1 of 3

oJS 44 (Rev. 3/99)

CIVIL COVER SHEET

The JS-44 civil cover s~eet and the infonnation contatti~ herein neither.reRlace nor supplement the filing and service ofpleadings or other papers as required by law, except as proVIded by local rules of court. ThIs fonn, approved Dy the Judicial Conference ofthe 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

2"0.r",.1;

S,p ~

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Fii 12: 12

Equal Employment Opportunity Commission

(b) County of Residence of First Listed Plaintiff

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County of Residence of First Listed Defendant

Cl.1~ahQ.ha

(EXCEPT IN U.S. PLAINTIFF CASES)

(IN U.S. PLAINTIFF CASES ONLY)

NOTE: TN LAND CONDEMNATION CASES, USE THE LOCATION OF THE

LAND INVOLVED.

~

(e) Attorney's (Fi.nn Name, Address, and Telephone Number)

Jeffrey A. Stern

EEOC - Cleveland District Office

1660 West 2nd Street, Suite 850

<"1.

"h;~' "" 1 l ' h l " " "

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

Attorneys (If Known)
"\\)\.~ (:,"

.~ :\\~ '~\"S\1~\,\'t...\. ,"...~'~ l,
,

III. CITIZENSHIP OF PRINCIPAL PARTIES(P1", ~ "X'. I, On, Eo> [O' PI,I,tiff

XI I U.S. Government
Plaintiff

03 Federal QuesLion (V.S. Government Not a party)

(For Diversity Cases Only)

PTF

Citizen of This State

0 I

DEF
01

and One Box for Defendant) PTF DEF
Incorporated or Principal Place 0 4 04 of Business In This State

02 U.s. Government
Defendant

o 4 Diversity
(Indicate Citizenship ofParties
in Item III)

Citizen of Another State 02 02 Incorporated and Principal Place 0 5 05 of Business In Another State

Citizen or Subject ora Foreign Countrv

o 3 03

Foreign Nation

0 6 06

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

CONTRACT

TORTS

FORFEITURE/PENALTY

BA"'KRUPTCY

OTHER STATUTES

0 [10 Insurance 0 L20Marine

PERSONAL INJURY 0 310 Airplane

PERSONAL INJURY 0 362 Personal Injmy--

0 610 Agriculture 0 620 Other Food & Drug

0 422 Appeal 28 C:SC 158

o 400 State Reapportionment o 410 .o\ntitrust

0 130 Miller Act 0 140 Negotiable (nstnunent

0 315 Airplane Product Liability

Med. Malpractice 0 365 Personal Injury-

0 625 Drug Related Seizure 0 423 Withdrawal

ofProperty21 USC 881

28 USC 157

o 430 Banks and Banking
o 450 Commerce/ICC Rates/etc.

0 150 Recovery ofOverpayment 0 320 Assault, Libel &

& Enforcement ofJudgment

Slander

Product Liability 0 368 Asbestos Personal

0 630 Liquor Laws 0 640 R.R. & Truck

D 460 Deportation
PROPERTY RIGHTS o 470 Racketeer Influenced and

0 151 Medicare Act 0 152 Recovery of DefauLted
Student Loans
(ExcL Veterans)

0 330 Federal Employers'

Injury Product

0 650 Airline Regs.

Liability

Liability

0 660 Ckcupational

0 340 Marine

PERSONAL PROPERTY

SafetylHealth

0 345 Marine Product

0 370 Other Fraud

0 690 Other

0 820 Copyrigbts 0 830 Patent 0 840 Tmdemark

Conupt OrganiZations o 810 Selective Service
o 850 Securities/Commodities:"
Exchange

0 153 Recovery of Overpayment

Liability

of Veteran's BencfLts

0 350 Motor Vebicle

0 371 Truth in Lending 0 380 Other Personal

LABOR

o 875 Customer ChaUenge

SOCIAL SECURITY

12 USC 3410

0 160 Stockholders' Suits 0 190 Other Contract

0 355 Motor Vehicle Product Liability

Property Damage 0 385 Property Damage

0

0 195 Contract Product Liability 0 360 Otber Personallnjwy

Product Liability

0

REAL PROPERTY
0 210 Land Condemnation 0 220 Foreclosure

CIVIL RIGHTS D 441 Voting ~ 442 Employment

PRISONER PETITIONS

0

0 510 Motions to Vacate

Sentence

0

0 230 Rent Lease & Ejectment o 443 Housingl

Habeas Corpus:

0 240 Torts 10 Land

Accommodations 0 530 General

0

0 245 Tort Product Liability

0 444 Welfare

0 535 Death Penalty

0 290 AIl Other Real Property 0 440 Other Civil Rights 0 540 Mandamus & Other 0

0 550 Civtl Rights

0 555 Prison Condition

710 Fair Labor Standards 0 861 HIA (1395ft)

Act

0 862 Black Lung (923)

720 Labor/Mgmt. Relations 0 863 DIWC/DIWW (405(g))

0 864 ssm Title XVI

730 LaborlMgmt.Reporting 0 865 RSI (405(g))

& Disclosure Act 740 Railway Labor Act

FEDERAL TAX SUITS

790 Other Labor Litigation

o 870 Taxes (U.S. Plaintiff
or Defendant)

791 Empl. Ret. Inc. Security Act

0 871 IR~Third Parly 26 USC?609

0 89 I Agricultural Acts 0 892 Economic Stabilization Act 0 893 Environmental Matters 0 894 Energy Allocation Act 0 895 Freedom of
Infonnation Act 0 900 Appeat ofFee Determination
Under EqLJal Access to
Justice
o 950 Constitutionality of
Stale Statutes D 890 Other StatutoI)' Actions

.. .. V. ORIGIN
o o o o Xl 1 OriginaJ
Proceeding

(PLACE AN X IN ONE BOX ONLy)

2 Removed from State Court

3 Remanded from Appellate Court

Transferred from
another district 4 Reinstated or 0 5 (specify)
Reopened

D 6 Multidistrict Litigation

Appeal to District Judge from
7 Magistrate
Judgment

CAUSE OF ACTION (Cilethe ~LS: C.ivi! S~tute underwhichyo~are,fi!ing and write brief statement of cause.

VI.

Do not cIte Junsdlcllonal statutes unless dlVeTSlty.)

...........See Atti'l.c:hment A.

VII. REQUESTED IN 0 CHECK IF THIS IS A CLASS ACTION

COMPLAINT:

UNDER F.R.C.P. 23

VIII, RELATED CASE(S) (See insLructlon,),

.lvlD) IF ANY
DATE ..

&! DEMAND $ ba"~1"r,gay

CHECK YES only if demanded in complaint:

damages

JURYDEMA~D:

}@:Yes O::-io

j DOCKET NUMBER

RECErPT# _ _ _ _ _ AMOUNT _ _ _ _ _ __

APPLYING IFP _ _ _ _ _ __

JUDGE _ _ _ _ __ MAG. JCDGE _ _ _ _ _ _ _ __

Case 1:03-cv-02023-KMO Document 1-2 Filed 09/30/2003 Page 2 of 3
ATTACHMENT A
This is an action under Title VII of the Civil Rights Act of 1964 ("Title VII") and Title I of the Civil Rights Act of 1991 to correct unlawful employment practices on the basis of sex and race, and to provide appropriate relief to Charging Party Molly Baron-Prodan and a class of other, similarly situated female and Black applicants for employment. As alleged with greater particularity in paragraphs 7-21, below, the United States Equal Employment Opportunity Commission ("the Commission") alleges that the Defendant S & Z Tool & Die Co., Inc. ("S & Z Tool") has engaged in a pattern or practice of refusing to hire female applicants for employment because of their sex and Black applicants because of their race in violation of Title VII. The Commission further alleges that Defendant S & Z Tool has failed to preserve personnel and employment records in violation of Title VII and the Commission's Regulations implementing Title VII.

UNITED S1'ATES DISTRIcr OJORI' Case 1:03-cv-02023-KMO NDORolc'HuEmmenDt I1S-T2RIcrFiCleFdO0H9I/O30/2003 Page 3 of 3
I Civil categories: (Place an (X) in one category only)
l. ( ) Admiralty and general maritime law. 2. ( ) Antitrust. 3. ( x) Civil Rights. 4. ( ) Contract. 5. ( ) Habeas Corpus (other than Section 2255).* 6. ( ) Lab:>r Relations. 7. ( ) Patent. 8. ( ) Personal Injury (incltrling Jones Act). 9. ( ) Review of administrative action. 10. ( ) Tax. 11. ( ) Unfair competition, trademark and copyright. 12. ( ) General Civil (all other civil cases).
*If under Title 28, U.S.C. 2255, ~ SENTENCING JUDGE:____________ MAGIsrnATE: _ _ _ _ _ _ _ _ _ __ _

II The Counties in the Northern District of Ohio are divided into divisions as shown below. After the county is determined in Section III, please check the appropriate division.

EASTERN DIVISlOO
( ) AKRCN (counties: Ashland, carroll, Crawford, fblmes, Medina, Porta;e, Richland, Stark, Sl.lIlIllit, Tuscarawas, wayne.)
( xx) CLEVELAND (Counties: Cuyahoga, Geauga, lake, lOrain.) ( ) YOUNGSTOWN (COunties: Ashtabula, COlumbiana, Mahoning, Trurobull.)

WESTERN DIVISlOO

( ) TOLEDO

(COunties:

Allen, Auglaize, Defiance, Erie, FUlton,
Hancock, Hardin, Henry, Huron, Lucas, Marion, Mercer, Ottawa, Paulding, Putnam, Sarrlusky, Seneca, Van Wert, Williams, Wood, Wyandot.)

III In accordance with Local Civil Rule IS, actions involving counties in the Eastern Division
shall be filed at any of the divisional offices therein. Actions involvin:J counties in th Western Division shall be filed only at the 'IOledo office. For the purp:lse of determinin:J the proper division, and for statistical reasons, the following information is requested.

(1) Resident defendant. If the defendant resides in a county within this district, please set forth the narre of such county.

(2) Non-resident defendant. If no defendant is a resident of a county in this district, please set forth the county wherein the cause of action arose or the event complained of occured.
_ _ _ _ _ _ _ _ _ _ _ _ _ _COUNI'Y

(3) COrporation. For the purposes of answering (1) and (2) arove, a corporation i deemed to be a resident of that county in which it has its principal place of business in that district.
COUNI'Y

(4) Other Cases. If no defendant is a resident of this district, or if the

defendant is a corporation not having a principal place of business within th

district, and the cause of action arose or the event complained of occurred

outside this district, please set forth the county of the plaintiff's

residence.

_ _ _ _ _ _ _ _ _ _ _ _ _ _COUNI'Y

 
 Case 1:03-cv-02023-KMO Document 6-2 Filed 12/04/2003 Page 1 of 10

IN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO EASTERN DIVISION

EQUAL EMPLOYMENT OPPORTUNITY )

COMMISSION,

)

)

Plaintiff,

)

)

)

and

)

)

)

MOLLY BARON

)

3271 W. 52nd Street

)

Cleveland, Ohio 44102-5843,

)

)

Intervenor-Plaintiff,

)

)

)

vs.

)

)

S & Z TOOL & DYE CO., INC.

)

3180 Berea Road

)

Cleveland, Ohio 44111-1501

)

)

Defendant.

)

)

Case No. 1:03CV2023
JUDGE KATHLEEN McDONALD O’MALLEY
COMPLAINT OF INTERVENOR MOLLY BARON (Jury Demand Endorsed Hereon)

PRELIMINARY STATEMENT

1.1 This is an action for a declaratory judgment, preliminary and permanent injunctive relief,

legal and equitable relief, and damages for Defendant’s wrongful actions and inactions stemming

from Defendant’s policy, pattern and practice of failing to hire female employees in general, and

specifically failing to hire Intervenor-Plaintiff Molly Baron (“Baron”) because of her gender,

female.

1.2 Intervenor-Plaintiff Baron, through her specific allegations below, alleges that

Defendant’s wrongful actions and inactions entitle her to both legal and equitable relief under

Page 1 of 10

Case 1:03-cv-02023-KMO Document 6-2 Filed 12/04/2003 Page 2 of 10
Title VII of the Civil Rights Act of 1964, as amended, 42 United States Code §§ 2000e et.seq., 42 U.S.C. § 2000e-2(c), and 2000e-5[k], as well as under the pendent state claim enumerated below pursuant to 28 U.S.C. § 1367. 1.3 Intervenor-Plaintiff Baron alleges that Defendant’s wrongful actions and inactions entitle her to relief as a direct and proximate result of the negligent and/or intentional actions and/or inactions and/or due to the wanton and/or reckless disregard by Defendant of its responsibility to ensure that Baron's rights under both federal and/or Ohio law to equal employment opportunity were preserved.
JURISDICTION AND VENUE 1.4 Federal question jurisdiction of this court is invoked pursuant to 28 U.S.C. § 1331 (A), 28 U.S.C. § 1343 (4), and 42 U.S.C. §§ 2000e-5(f)(1) and (3), as well as 42 U.S.C. § 2000e-2(c). 1.5 Supplemental and/or "pendant" jurisdiction is invoked pursuant to 28 U.S.C. § 1367. 1.6 The actions and/or inactions alleged herein took place or were carried out in the Northern District of Ohio and Cuyahoga County, Ohio.
PARTIES 1.7 Intervenor-Plaintiff, Baron is a female citizen of the United States and a resident of the city of Cleveland, Cuyahoga County, Ohio. 1.8 Defendant S & Z Tool & Dye Co., Inc. (“S&Z”), located at 3180 Berea Road, Cleveland, Ohio 44111-150, has a current staff of approximately 375 employees. It’s current president is one Mr. Morris Burrows. S&Z provides precision machining, stamping and tool manufacturing services. [See: http://www.plantfloor.com/oh/sztooldiecompany.htm ]. It is amenable to this Court's jurisdiction not only under its supplemental jurisdiction pursuant to 28 U.S.C. § 1367
Page 2 of 10

Case 1:03-cv-02023-KMO Document 6-2 Filed 12/04/2003 Page 3 of 10
jurisdiction, but also under Title VII. 1.9 At all relevant times, S&Z, an Ohio Corporation, has continuously been doing business in the State of Ohio and the City of Cleveland, and has continuously had at least 15 employees. 1.10 At all relevant times, S&Z has continuously been an employer engaged in an industry affecting commerce within the meaning of § 701 (b)(g) and (h) of Title VII, 42 U.S.C. § 2000e(b), (g) and (h).
STATEMENT OF CLAIMS FIRST CAUSE OF ACTION--TITLE VII CLAIMS A. EXHAUSTION OF ADMINISTRATIVE REMEDIES CHARGE NO. 220A00045 1.11 Intervenor-Plaintiff Baron hereby reasserts the foregoing allegations and incorporates them by reference as if fully set forth herein. 1.12 On or about October 7, 1999, Baron filed a timely charge of discrimination with the Equal Employment Opportunity Commission (hereinafter referred to as "EEOC"), EEOC No. 220A00045, alleging sex discrimination. 1.13 Shortly after June 18, 2001, Baron received a letter of DETERMINATION from the EEOC, finding that there was reasonable cause to believe that she and other females as a class were discriminated against due to sex when they were denied hire into general laborer positions at S&Z in violation of Title VII. 1.14 This same June 18, 2001 determination letter received by Baron from the EEOC further found that S&Z failed to hire Blacks and Hispanics due to their race and national origin, and that S&Z violated EEOC’s testing and record keeping provisions in violation of Title VII and the
Page 3 of 10

Case 1:03-cv-02023-KMO Document 6-2 Filed 12/04/2003 Page 4 of 10
Uniform Guidelines in Employee Selection Procedures (“UGESP”) at 29 CFR §§ 1607.7 and 1607.4. 1.15 Shortly after October 16, 2001, Baron received an AMENDED letter of DETERMINATION from the EEOC, finding that S&Z denies hire to females as a class into all job titles (with the exception of receptionist and secretarial positions) and that S&Z denies hire to Black persons and Hispanic Persons as a class, without exception, and that each of these practices has been going on continuously since at least January 1, 1990. This same AMENDED letter of determination made the following additional findings: (1) that S&Z has failed to maintain applications and other employment records in violation of Title VII and 29 CFR § 1601.14 as well as 29 CFR §§ 1607.4 and 1607.15 regarding failing to maintain required records that would reveal the impact of S&Z’s employment tests and selection procedures as pertains to race, sex, ethnic group and validity (or lack thereof); (2) that S&Z’s use of employment tests violates Title VII and the UGESP; (3) that S&Z illegally adopted a practice of refusing to promote/hire persons who could not speak English, constituting national origin discrimination; (4) and that S&Z illegally requires female employees to inform them of their pregnancy status and particulars, in violation of Title VII and the Pregnancy Discrimination Act. 1.16 Because the EEOC has filed suit – on September 30, 2003 – on behalf of the United States of America, and because Baron has not received a right to sue letter, Baron now seeks to intervene, as of right, on her own behalf, in the action already filed by the EEOC.
B. UNLAWFUL EMPLOYMENT PRACTICES/FACTS 1.17 Intervenor-Plaintiff Baron hereby reasserts the foregoing allegations and incorporates them by reference as if fully set forth herein.
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Case 1:03-cv-02023-KMO Document 6-2 Filed 12/04/2003 Page 5 of 10
1.18 Intervenor-Plaintiff Baron sought employment with S&Z as a laborer on or about August 15, 1999. Intervenor-Plaintiff Baron claims that S& Z has continuously discriminated against her from August 15, 1999 through the present, by virtue of their denying her equal employment opportunity based upon her gender/sex – female. 1.19 Although Intervenor-Plaintiff Baron returned several times to S&Z asking about the status of her employment application, she was never apprized of its status at any point in time by any person connected to S&Z. 1.20. As a direct and proximate result of the above-described actions and/or inactions, Baron has suffered and will continue to suffer from depression, anger, resentment, and the like. 1.21 Baron states that as a direct and proximate result of the intentional and malicious and/or wanton and reckless actions and/or inactions of the Defendant that she has suffered severe and significant emotional distress, anxiety and anguish, and will continue to suffer from this emotional distress into the indefinite future. 1.23 These actions and/or inactions by Defendants were based on Intervenor-Plaintiff Baron’s sex, female, in violation of 42 U.S.C. § 2000e et seq. 1.24 Intervenor-Plaintiff Baron was qualified to hold the position(s) for which she applied with S&Z and for which she was rejected for the discriminatory reason that she is female. 1.25 Males continued to be hired for position(s) for which Intervenor-Plaintiff Baron applied and was qualified for the discriminatory reason that she is female.
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Case 1:03-cv-02023-KMO Document 6-2 Filed 12/04/2003 Page 6 of 10
PENDENT STATE CLAIM SECOND CAUSE OF ACTION--OHIO SEX/GENDER
DISCRIMINATION O.R.C.§ 4112.99
2.1 Intervenor-Plaintiff Baron restates and realleges each and every prior paragraph of this complaint, as if it were fully restated herein. 2.2 Ohio Revised Code § 4112.99 provides that "Whoever violates this chapter is subject to a civil action for damages, injunctive relief, or any other appropriate relief." This chapter, i.e. O.R.C. § 4112 et. seq., includes prohibitions against employment discrimination in Ohio as regards, among other bases, sex discrimination in employment. This statute also provides for the granting of compensatory and punitive damages for its violation. 2.3 As a direct and proximate result of Defendant's actions and inactions enumerated above Intervenor-Plaintiff Baron has suffered and will continue to suffer serious emotional distress, anxiety, humiliation, embarrassment, loss of self-esteem, and extreme frustration, all of which entitle Intervenor-Plaintiff Baron to an award of compensatory damages for this distress in a dollar amount as allowed by law and as will be fixed by the jury and be proven at trial. 2.4 As a direct and proximate result of Defendant's actions and inactions enumerated above, Intervenor-Plaintiff Baron has and will continue to lose certain fringe benefits, including, but not limited to, lost income, lost pension benefits, lost medical benefits, lost life insurance benefits, and all other benefits to which Intervenor-Plaintiff Baron would have been entitled, had the actions and inactions complained of herein never occurred, in a dollar amount as allowed by law and as will be fixed by the jury and be proven at trial.
Page 6 of 10

Case 1:03-cv-02023-KMO Document 6-2 Filed 12/04/2003 Page 7 of 10
2.5 Defendants have willfully and/or intentionally and/or with callous and reckless indifference, violated Baron's rights under Ohio law prohibiting sex discrimination in employment, so as to entitle Intervenor-Plaintiff Baron to an award of punitive damages in addition to compensatory or any other damages to be awarded, in an amount to be proven at trial.
PRAYER FOR RELIEF WHEREFORE, based upon the foregoing allegations, Intervenor-Plaintiff request the following relief: A. An order directing Defendant to establish a work environment free from sex/gender discrimination and all other forms discrimination, including, but not limited to gender discrimination, race discrimination and pregnancy discrimination; B. An order granting a permanent injunction enjoining Defendant, its officers, successors, assigns, and all persons in active concert or participation with it, from engaging in sex and race discrimination, including sex or race-based denial of hire and any other employment practice which discriminates on the basis of sex or race or pregnancy; C. An order directing Defendant to institute and carry out policies, practices and programs which provide equal employment opportunities for female and Black persons, and which eradicate the effects and all vestiges of its past and present unlawful employment practices; D. An order to make whole Molly Baron by providing her instatement with Defendant in an appropriate position, but also all appropriate back – in an amount to be proven at trial – with pre-judgement interest, front pay, and all lost medical, insurance, retirement and all other similar benefits;
Page 7 of 10

Case 1:03-cv-02023-KMO Document 6-2 Filed 12/04/2003 Page 8 of 10
E. An order enjoining Defendants and their respective agents, employees or any others in active concert with them, from continuing to discriminate against Intervenor-Plaintiff Baron based on her sex and/or gender or in retaliation for her having sought to protect and/or enforce her federal and state rights to discrimination free employment and employment opportunities; F. An award of compensatory damages for the extreme mental and emotional distress suffered by Intervenor-Plaintiff Baron as a direct and proximate result of the actions and inactions complained of herein, under Intervenor-Plaintiff Baron's Title VII claim, as well as under Intervenor-Plaintiff Baron's pendent state claim; G. An award of Punitive damages, under Intervenor-Plaintiff's federal and pendent state claims, in an amount as will be determined by the jury and proven at trial; H. Prejudgment and post judgment interest on all amounts awarded to the IntervenorPlaintiff; I. A declaratory judgment that the practices complained of herein are unlawful and void, and the appropriate injunctive relief to remedy the practices complained of herein; J. An award to Intervenor-Plaintiff Baron of her reasonable costs and attorneys' fees, under 42 U.S.C. § 1988 and 42 U.S.C. § 2000e-5(k), Ohio Revised Code §§ 4112.02, et. seq., Ohio Revised Code § 4112.99 and all other applicable federal and state fee shifting statutes and common law bases, as well as an award of such enhancement of attorneys' fees as is customary in contingent matters in this court; K. For such further legal and equitable relief as may be deemed just and fair or to which Intervenor-Plaintiff is or would be entitled under her federal or state claims.
Page 8 of 10

Case 1:03-cv-02023-KMO Document 6-2 Filed 12/04/2003 Page 9 of 10 Respectfully submitted, s/ Dennis J. Niermann Dennis J. Niermann, Esq. [007988] Dennis J. Niermann Co. LPA 4070 Mayfield Rd. Cleveland, Ohio 44121-3031 Phone: (216) 297-1040 Fax: (216) 291-9622 E-mail: niermann@en.com Website: www.sex-harassment.info
Page 9 of 10

Case 1:03-cv-02023-KMO Document 6-2 Filed 12/04/2003 Page 10 of 10 JURY TRIAL DEMAND
A trial by jury is hereby requested on each and every cause of action enumerated in this complaint.
s/ Dennis J. Niermann DENNIS J. NIERMANN
Page 10 of 10

 
 Case 1:03-cv-02023-KMO Document 10 Filed 01/08/2004 Page 1 of 10

IN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO EASTERN DIVISION

EQUAL EMPLOYMENT OPPORTUNITY )

COMMISSION,

)

)

Plaintiff,

)

)

)

and

)

)

)

MOLLY BARON

)

3271 W. 52nd Street

)

Cleveland, Ohio 44102-5843,

)

)

Intervenor-Plaintiff,

)

)

)

vs.

)

)

S & Z TOOL & DYE CO., INC.

)

3180 Berea Road

)

Cleveland, Ohio 44111-1501

)

)

Defendant.

)

)

Case No. 1:03CV2023
JUDGE KATHLEEN McDONALD O’MALLEY
COMPLAINT OF INTERVENOR MOLLY BARON (Jury Demand Endorsed Hereon)

PRELIMINARY STATEMENT

1.1 This is an action for a declaratory judgment, preliminary and permanent injunctive relief,

legal and equitable relief, and damages for Defendant’s wrongful actions and inactions stemming

from Defendant’s policy, pattern and practice of failing to hire female employees in general, and

specifically failing to hire Intervenor-Plaintiff Molly Baron (“Baron”) because of her gender,

female.

1.2 Intervenor-Plaintiff Baron, through her specific allegations below, alleges that

Defendant’s wrongful actions and inactions entitle her to both legal and equitable relief under

Page 1 of 10

Case 1:03-cv-02023-KMO Document 10 Filed 01/08/2004 Page 2 of 10
Title VII of the Civil Rights Act of 1964, as amended, 42 United States Code §§ 2000e et.seq., 42 U.S.C. § 2000e-2(c), and 2000e-5[k], as well as under the pendent state claim enumerated below pursuant to 28 U.S.C. § 1367. 1.3 Intervenor-Plaintiff Baron alleges that Defendant’s wrongful actions and inactions entitle her to relief as a direct and proximate result of the negligent and/or intentional actions and/or inactions and/or due to the wanton and/or reckless disregard by Defendant of its responsibility to ensure that Baron's rights under both federal and/or Ohio law to equal employment opportunity were preserved.
JURISDICTION AND VENUE 1.4 Federal question jurisdiction of this court is invoked pursuant to 28 U.S.C. § 1331 (A), 28 U.S.C. § 1343 (4), and 42 U.S.C. §§ 2000e-5(f)(1) and (3), as well as 42 U.S.C. § 2000e-2(c). 1.5 Supplemental and/or "pendant" jurisdiction is invoked pursuant to 28 U.S.C. § 1367. 1.6 The actions and/or inactions alleged herein took place or were carried out in the Northern District of Ohio and Cuyahoga County, Ohio.
PARTIES 1.7 Intervenor-Plaintiff, Baron is a female citizen of the United States and a resident of the city of Cleveland, Cuyahoga County, Ohio. 1.8 Defendant S & Z Tool & Dye Co., Inc. (“S&Z”), located at 3180 Berea Road, Cleveland, Ohio 44111-150, has a current staff of approximately 375 employees. It’s current president is one Mr. Morris Burrows. S&Z provides precision machining, stamping and tool manufacturing services. [See: http://www.plantfloor.com/oh/sztooldiecompany.htm ]. It is amenable to this Court's jurisdiction not only under its supplemental jurisdiction pursuant to 28 U.S.C. § 1367
Page 2 of 10

Case 1:03-cv-02023-KMO Document 10 Filed 01/08/2004 Page 3 of 10
jurisdiction, but also under Title VII. 1.9 At all relevant times, S&Z, an Ohio Corporation, has continuously been doing business in the State of Ohio and the City of Cleveland, and has continuously had at least 15 employees. 1.10 At all relevant times, S&Z has continuously been an employer engaged in an industry affecting commerce within the meaning of § 701 (b)(g) and (h) of Title VII, 42 U.S.C. § 2000e(b), (g) and (h).
STATEMENT OF CLAIMS FIRST CAUSE OF ACTION--TITLE VII CLAIMS A. EXHAUSTION OF ADMINISTRATIVE REMEDIES CHARGE NO. 220A00045 1.11 Intervenor-Plaintiff Baron hereby reasserts the foregoing allegations and incorporates them by reference as if fully set forth herein. 1.12 On or about October 7, 1999, Baron filed a timely charge of discrimination with the Equal Employment Opportunity Commission (hereinafter referred to as "EEOC"), EEOC No. 220A00045, alleging sex discrimination. 1.13 Shortly after June 18, 2001, Baron received a letter of DETERMINATION from the EEOC, finding that there was reasonable cause to believe that she and other females as a class were discriminated against due to sex when they were denied hire into general laborer positions at S&Z in violation of Title VII. 1.14 This same June 18, 2001 determination letter received by Baron from the EEOC further found that S&Z failed to hire Blacks and Hispanics due to their race and national origin, and that S&Z violated EEOC’s testing and record keeping provisions in violation of Title VII and the
Page 3 of 10

Case 1:03-cv-02023-KMO Document 10 Filed 01/08/2004 Page 4 of 10
Uniform Guidelines in Employee Selection Procedures (“UGESP”) at 29 CFR §§ 1607.7 and 1607.4. 1.15 Shortly after October 16, 2001, Baron received an AMENDED letter of DETERMINATION from the EEOC, finding that S&Z denies hire to females as a class into all job titles (with the exception of receptionist and secretarial positions) and that S&Z denies hire to Black persons and Hispanic Persons as a class, without exception, and that each of these practices has been going on continuously since at least January 1, 1990. This same AMENDED letter of determination made the following additional findings: (1) that S&Z has failed to maintain applications and other employment records in violation of Title VII and 29 CFR § 1601.14 as well as 29 CFR §§ 1607.4 and 1607.15 regarding failing to maintain required records that would reveal the impact of S&Z’s employment tests and selection procedures as pertains to race, sex, ethnic group and validity (or lack thereof); (2) that S&Z’s use of employment tests violates Title VII and the UGESP; (3) that S&Z illegally adopted a practice of refusing to promote/hire persons who could not speak English, constituting national origin discrimination; (4) and that S&Z illegally requires female employees to inform them of their pregnancy status and particulars, in violation of Title VII and the Pregnancy Discrimination Act. 1.16 Because the EEOC has filed suit – on September 30, 2003 – on behalf of the United States of America, and because Baron has not received a right to sue letter, Baron now seeks to intervene, as of right, on her own behalf, in the action already filed by the EEOC.
B. UNLAWFUL EMPLOYMENT PRACTICES/FACTS 1.17 Intervenor-Plaintiff Baron hereby reasserts the foregoing allegations and incorporates them by reference as if fully set forth herein.
Page 4 of 10

Case 1:03-cv-02023-KMO Document 10 Filed 01/08/2004 Page 5 of 10
1.18 Intervenor-Plaintiff Baron sought employment with S&Z as a laborer on or about August 15, 1999. Intervenor-Plaintiff Baron claims that S& Z has continuously discriminated against her from August 15, 1999 through the present, by virtue of their denying her equal employment opportunity based upon her gender/sex – female. 1.19 Although Intervenor-Plaintiff Baron returned several times to S&Z asking about the status of her employment application, she was never apprized of its status at any point in time by any person connected to S&Z. 1.20. As a direct and proximate result of the above-described actions and/or inactions, Baron has suffered and will continue to suffer from depression, anger, resentment, and the like. 1.21 Baron states that as a direct and proximate result of the intentional and malicious and/or wanton and reckless actions and/or inactions of the Defendant that she has suffered severe and significant emotional distress, anxiety and anguish, and will continue to suffer from this emotional distress into the indefinite future. 1.23 These actions and/or inactions by Defendants were based on Intervenor-Plaintiff Baron’s sex, female, in violation of 42 U.S.C. § 2000e et seq. 1.24 Intervenor-Plaintiff Baron was qualified to hold the position(s) for which she applied with S&Z and for which she was rejected for the discriminatory reason that she is female. 1.25 Males continued to be hired for position(s) for which Intervenor-Plaintiff Baron applied and was qualified for the discriminatory reason that she is female.
Page 5 of 10

Case 1:03-cv-02023-KMO Document 10 Filed 01/08/2004 Page 6 of 10
PENDENT STATE CLAIM SECOND CAUSE OF ACTION--OHIO SEX/GENDER
DISCRIMINATION O.R.C.§ 4112.99
2.1 Intervenor-Plaintiff Baron restates and realleges each and every prior paragraph of this complaint, as if it were fully restated herein. 2.2 Ohio Revised Code § 4112.99 provides that "Whoever violates this chapter is subject to a civil action for damages, injunctive relief, or any other appropriate relief." This chapter, i.e. O.R.C. § 4112 et. seq., includes prohibitions against employment discrimination in Ohio as regards, among other bases, sex discrimination in employment. This statute also provides for the granting of compensatory and punitive damages for its violation. 2.3 As a direct and proximate result of Defendant's actions and inactions enumerated above Intervenor-Plaintiff Baron has suffered and will continue to suffer serious emotional distress, anxiety, humiliation, embarrassment, loss of self-esteem, and extreme frustration, all of which entitle Intervenor-Plaintiff Baron to an award of compensatory damages for this distress in a dollar amount as allowed by law and as will be fixed by the jury and be proven at trial. 2.4 As a direct and proximate result of Defendant's actions and inactions enumerated above, Intervenor-Plaintiff Baron has and will continue to lose certain fringe benefits, including, but not limited to, lost income, lost pension benefits, lost medical benefits, lost life insurance benefits, and all other benefits to which Intervenor-Plaintiff Baron would have been entitled, had the actions and inactions complained of herein never occurred, in a dollar amount as allowed by law and as will be fixed by the jury and be proven at trial.
Page 6 of 10

Case 1:03-cv-02023-KMO Document 10 Filed 01/08/2004 Page 7 of 10
2.5 Defendants have willfully and/or intentionally and/or with callous and reckless indifference, violated Baron's rights under Ohio law prohibiting sex discrimination in employment, so as to entitle Intervenor-Plaintiff Baron to an award of punitive damages in addition to compensatory or any other damages to be awarded, in an amount to be proven at trial.
PRAYER FOR RELIEF WHEREFORE, based upon the foregoing allegations, Intervenor-Plaintiff request the following relief: A. An order directing Defendant to establish a work environment free from sex/gender discrimination and all other forms discrimination, including, but not limited to gender discrimination, race discrimination and pregnancy discrimination; B. An order granting a permanent injunction enjoining Defendant, its officers, successors, assigns, and all persons in active concert or participation with it, from engaging in sex and race discrimination, including sex or race-based denial of hire and any other employment practice which discriminates on the basis of sex or race or pregnancy; C. An order directing Defendant to institute and carry out policies, practices and programs which provide equal employment opportunities for female and Black persons, and which eradicate the effects and all vestiges of its past and present unlawful employment practices; D. An order to make whole Molly Baron by providing her instatement with Defendant in an appropriate position, but also all appropriate back – in an amount to be proven at trial – with pre-judgement interest, front pay, and all lost medical, insurance, retirement and all other similar benefits;
Page 7 of 10

Case 1:03-cv-02023-KMO Document 10 Filed 01/08/2004 Page 8 of 10
E. An order enjoining Defendants and their respective agents, employees or any others in active concert with them, from continuing to discriminate against Intervenor-Plaintiff Baron based on her sex and/or gender or in retaliation for her having sought to protect and/or enforce her federal and state rights to discrimination free employment and employment opportunities; F. An award of compensatory damages for the extreme mental and emotional distress suffered by Intervenor-Plaintiff Baron as a direct and proximate result of the actions and inactions complained of herein, under Intervenor-Plaintiff Baron's Title VII claim, as well as under Intervenor-Plaintiff Baron's pendent state claim; G. An award of Punitive damages, under Intervenor-Plaintiff's federal and pendent state claims, in an amount as will be determined by the jury and proven at trial; H. Prejudgment and post judgment interest on all amounts awarded to the IntervenorPlaintiff; I. A declaratory judgment that the practices complained of herein are unlawful and void, and the appropriate injunctive relief to remedy the practices complained of herein; J. An award to Intervenor-Plaintiff Baron of her reasonable costs and attorneys' fees, under 42 U.S.C. § 1988 and 42 U.S.C. § 2000e-5(k), Ohio Revised Code §§ 4112.02, et. seq., Ohio Revised Code § 4112.99 and all other applicable federal and state fee shifting statutes and common law bases, as well as an award of such enhancement of attorneys' fees as is customary in contingent matters in this court; K. For such further legal and equitable relief as may be deemed just and fair or to which Intervenor-Plaintiff is or would be entitled under her federal or state claims.
Page 8 of 10

Case 1:03-cv-02023-KMO Document 10 Filed 01/08/2004 Page 9 of 10 Respectfully submitted, s/ Dennis J. Niermann Dennis J. Niermann, Esq. [007988] Dennis J. Niermann Co. LPA 4070 Mayfield Rd. Cleveland, Ohio 44121-3031 Phone: (216) 297-1040 Fax: (216) 291-9622 E-mail: niermann@en.com Website: www.sex-harassment.info
Page 9 of 10

Case 1:03-cv-02023-KMO Document 10 Filed 01/08/2004 Page 10 of 10 JURY TRIAL DEMAND
A trial by jury is hereby requested on each and every cause of action enumerated in this complaint.
s/ Dennis J. Niermann DENNIS J. NIERMANN
Page 10 of 10

Case 1:03-cv-02023-KMO Document 10-2 Filed 01/08/2004 Page 1 of 1

 
 Case 1:03-cv-02023-KMO Document 20 Filed 08/16/2006 Page 1 of 34 Case 1:03-cv-02023-KMO Document 18-1 Filed 08/03/2006 Page 4 of 37

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

,r'?

'....,.

--~.
--,(.,

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff, and MOLLY BARON, Plaintiff-I ntcrvenor,
v.
S&Z TOOL & DIE CO., INC., Defendant.

c:: ..

)

CASE NO.1 :03CV2023

)

(

)

JUDGE KATHLEEN M. O'MALLEY

)

)

)

)

)

)

CONSENT DECREE

)

)

)

)

)

)

)

INTRODUCTION 1. Plaintiff, the United States Equal Employment Opportunity Commission (the
"Commission" or "EEOC") commenced this action on September 30, 2003, in the United States District Court for the Northern District of Ohio, Eastern Division (the "Lawsuit"), based upon Charge No. 220A00045 filed by Intervenor-Plaintiff Molly Baron ("Baron") on October 7. 1999 against Defendant S&Z Tool & Die Co., Inc. rS&Z") (collectively referred to as the "Parties"). In its Complaint, the EEOC alleged that S&Z engaged in a pattern and practice of refusing to hire female applicants for employment because of their sex, Black applicants because of their race, and failure to preserve employment records, all in violation of Title VII and the EEOC's Regulations.

Case 1:03-cv-02023-KMO Document 20 Filed 08/16/2006 Page 2 of 34
Case 1:03-cv-02023-KMO Document 18-1 Filed 08/03/2006 Page 5 of 37
2. Baron moved to intervene in this mater on December 4, 2003 to pursue her interests under state and federal law.
3. The EEOC, Baron and S&Z agree that this Consent Decree ("Decree") fairly resolves the issues alleged by Baron and the EEOC in the Lawsuit, and constitutes a complete resolution of all of Baron's and the EEOC's claims and any Class-Members claims which were made or could have been made against S&Z in the Lawsuit which was granted by this Court on October 22, 2003.
4. S&Z denies that it has engaged in any conduct in violation of Title VII, or any state, local or federal law. S&Z is entering into this Decree to avoid the expense and disruption related to the Lawsuit.
5. This Decree, along with Attachments A, B, C, and D, constitute the complete and exclusive agreement among the Parties with respect to the matters referred to herein. All terms of the agreement among the Parties in resolution of the Lawsuit are stated in this Decree, and there are no promises among the Parties, oral or written, other than those recited in this Decree and its attachments. This Decree is final and binding upon the Parties, their successors and assigns.
NOW, THEREFORE, the Court having examined the terms and provisions of the Decree, and based on the pleadings, record and stipulations of the Parties, it is ORDERED, ADJUDGED AND DECREED THAT:
JURISDICTION 6. The Court has jurisdiction over the Parties and the subject matter of the Lawsuit.
The EEOC's Complaint and Baron's Complaint in Intervention assert claims that, if proven, would authorize tl1e Court to grant the monetary and equitable relief set forth in this Decree against S&Z. The Court shall retain jurisdiction over the
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Case 1:03-cv-02023-KMO Document 20 Filed 08/16/2006 Page 3 of 34 Case 1:03-cv-02023-KMO Document 18-1 Filed 08/03/2006 Page 6 of 37
Lawsuit for the duration of the Decree for the purposes of entering all orders, judgments and decrees as necessary to implement the relief provided herein. 7. The Decree conforms to the Federal Rules of Civil Procedure and is not in derogation of the rights or privileges of any person. The entry of this Decree wi" further the objectives of Title VII and will be in the best interests of the Parties, those for whom the EEOC seeks relief, and the public.
DEFINITIONS 8. Claimant: An individual who SUbmits a Class Claim Form to the Class Fund
Administrator within the Claims Receipt Period, pursuant to Paragraph 43 of this Decree. 9. Claim Share: The settlement amount for which a Class Member is determined to be eligible under Paragraph 43 of this Decree. 10. Class Administrator: The individual retained to carry out the administrative functions necessary to distribution of the Class Settlement Fund. as more specifically provided in Paragraph 42 of this Decree. 11. Class Member: A Claimant who is determined to meet the eligibility criteria pursuant to Paragraph 43 of this Decree. 12. Class Settlement Fund ("Class Fund"): The sum of 5850,000 paid by S&Z in full settlement of all claims for monetary relief to members of the class, as described in Paragraph 41 of this Decree. 13. Class Liability Period: This period is October, 1999 through the Effective Date of this Decree. 14. Complaint of Discrimination, Harassment or Retaliation: This shall mean any complaint which comes to the attention of a supervisor or manager and makes
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Case 1:03-cv-02023-KMO Document 20 Filed 08/16/2006 Page 4 of 34
Case 1:03-cv-02023-KMO Document 18-1 Filed 08/03/2006 Page 7 of 37
allegations which are known by any supervisor or manager as an allegation of discrimination, harassment or retaliation. For example, an employee who complains to a supervisor about having been called a racially offensive name, has made a complaint which is known to be an allegation of harassment, regardless of whether the employee complains in writing or expressly uses the terms "discrimination" or "harassment." By contrast, a complaint made by a Black employee that he was unfairly denied overtime, may not be known as an allegation of discrimination unless the employee articulates that he believes he is being treated differently because of his race, or unless other circumstances such as previous complaints of discrimination exist which causes a supervisor/manager to realize the employee is complaining about discrimination. 15. EEO: This shall mean equal employment opportunity. 16. EEO Coordinator: The individual at S&Z who is responsible for the compliance with this Decree. 17. Effective Date: This is the date on which the Court enters this Decree, after hearing, if required. 18. Facility: Shall refer to S&Z's facility presently located at 3180 Berea Road, Cleveland, Ohio 44111. 19. Parties: The Parties to this Decree are the EEOC/Commission, Molly Baron and S&Z. 20. Private Counsel: Attorneys representing Plaintiffllntervenor in this action.
GENERAL PROVISIONS 21. Scope: This Decree covers all S&Z employees.
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Case 1:03-cv-02023-KMO Document 20 Filed 08/16/2006 Page 5 of 34
Case 1:03-cv-02023-KMO Document 18-1 Filed 08/03/2006 Page 8 of 37

22. Term of the Consent Decree: This Decree shall remain in effect for thirty-nine

(39) months subsequent to the Effective Date of this Decree.

23. Compliance with EEO Laws: Nothing in this Decree shall be construed to limit or

reduce S&Z's obligation to comply with the statutes enforced by the EEOC,

including but not limited to Title VII of the Civil Rights Act of 1964, as amended,

42 U.S.C. §2000e, et seq., Title I of the Americans with Disabilities Act, 42

U.S.C. §121 01, et seq., Age Discrimination in Employment Act, 29 U.S.C. §621,

et seq., and the Equal Pay Act, 29 U.SC. §206(d). Except as expressly stated in

this Decree, nothing in this Decree shall enlarge or expand S&Z's obligations or

the obligations of its officers, agents, employees, successors and/or assigns,

under any federal or state law, including but not limited to the laws set forth in

this paragraph.

24. Effect of the Consent Decree: S&Z's compliance with this Decree will fully and

completely resolve all issues of law and fact raised in or which could have been

raised in EEOC Charge No. 220A00045, the EEOC's Complaint in this lawsuit

and/or Baron's Complaint in Intervention.

25. Administrative Costs: The Defendant will pay the following expenses incurred in

connection with the administration of the Decree:

•

the compensation of the Class Fund Administrator and reasonable costs

incurred by the Class Fund Administrator in performing the work of the

Class Fund Administrator; and

•

reasonable costs incurred in management of and disbursements from the

Class Fund, including but not limited to advertising, postage, clerical

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Case 1:03-cv-02023-KMO Document 20 Filed 08/16/2006 Page 6 of 34
Case 1:03-cv-02023-KMO Document 18-1 Filed 08/03/2006 Page 9 of 37
supplies, clerical services, accounting services, and any fees for tax preparation services required in connection with the Class Fund. 26. Severability: If one or more provisions of this Decree are rendered unlawful or unenforceable as a result of a legislative act or a decision by a court of competent jurisdiction, the following shall apply to insure that the Decree continues to effectuate the intent of the Parties. The provisions of this Decree which are not rendered unlawful, unenforceable or incapable of performance as a result of such legislative act or court decision, shall remain in full force and effect, and the Parties' responsibilities shall not abate as to any and all provisions that have not been rendered unlawful or unenforceable, except to the extent that the intent of the Parties would be undermined. Disputes over the application of this Severability provision shall be resolved pursuant to the dispute resolution procedures of Section 52 of this Decree. 27. Non-Admission of Liability: This Decree shall not constitute an adjudication and/or finding on the merits of the case. By entering into this Decree, S&Z does not admit 01at the allegations of the Complaint and Complaint in Intervention and/or the EEOC's findings with respect to the Individual Charge were correct and maintains its contention that none of its acts, omissions, programs or practices have at any time violated Title VII or any other federal, state or local law. The Decree does not constitute evidence of any violation by S&Z of Title VII or any other federal state or local law, regulation or order. The Parties, individually or collectively, shall not seek to use, directly or indirectly, this Decree or the fact of its existence as evidence in any other matter or action involving
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Case 1:03-cv-02023-KMO Document 20 Filed 08/16/2006 Page 7 of 34

Case 1:03-cv-02023-KMO

Document 18-1

Filed 08/03/2006

1 Page 10 of 3

S&Z, except in this Lawsuit as is necessary to enforce the specific terms of this
i
Decree. The EEOC's reasonable cause determination on Baron's charge of discrimination will not be used by the EEOC as a basis to presume or as evidence that discrimination occurred, when deciding any other charge ,of discrimination involving S &Z. 28. Interpretation: The terms of this Decree are the product of jOint negotiations and shall not be construed as having been authored by one of the Parties rather than another.
EFFECT ON RIGHTS 29. limit on Waiver of EEOC Claims: Nothing in this Decree shall be construed to
preclude the EEOC from bringing suit to enforce this Decree in accordance with the enforcement provisions of Section 55 below. 30. Charges Pending Or Filed After the Effective Date: Any individual charge of discrimination against S&Z which is pending with the EEOC on the Effective Date or is filed with the EEOC, whether directly with the EEOC, or through the Ohio
I
Civil Rights Commission, after the Effective Date of this Decree, will be processed by the EEOC in accordance with its standard procedures, including any charge based on conduct which occurred or is alleged to have occurred pribr
I
to the Effective Date of this Decree. Provided, however, that any Class Member accepting benefits under the terms of this Decree will be barred from commencing any civil action based on or including claims which are covered by this Decree. 31. No Effect On limitations Periods: Nothing in tilis Decree shall be deemed (a) Ito waive or stay the running of any statue of limitations or deadline by which any
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Case 1:03-cv-02023-KMO Document 20 Filed 08/16/2006 Page 8 of 34 Case 1:03-cv-02023-KMO Document 18-1 Filed 08/03/2006 Page 11 of 3~
person, party, claimant, or other entity must file a charge or complaint with any
I
administrative agency or file a complaint in court or take other action, or (b) Ito reinstate the right of any person or other entity to take any action for which the time within which that action must be taken has passed.
AFFIRMATIVE RELIEF 32. Notice and Posting of Decree Notice.
I
32.1. No Discrimination: S&Z shall consider all female and African-American and/or Black applicants on the same basis as all other applicants.
32.2. No Retaliation: S&Z shall not retaliate against any employee or Class Member for his or her participation in the EEOC's investigation of the Individual Charge and its allegations and/or in the Lawsuit, or for asserting any rights under this Decree.
33. EEO Coordinator. 33.1. Appointment of EEO Coordinator: Within thirty (30) days of the Effective Date of this Decree, S&Z will identify an eXisting employee or hire a new
1
employee, who has experience in EEO and personnel matters, to serve as EEO Coordinator for S&Z.
I
33.2. Responsibilities of EEO Coordinator: The EEO Coordinator will have dcWto-day responsibility for coordinating S&Z's compliance with antidiscrimination laws, S&Z's compliance with the Decree, and maintaining records required by this Decree.
34. Evaluation of Compliance. 34.1. By this Decree, the Parties intend to generally require that S&Z (a) provide equal employment opportunities to African-American/Black, and female
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applicants; and (b) engage in good-faith efforts to increase recruitmenLof
I
female, African-American/Black applicants. The following provisions lof

this paragraph relate to evaluating S&Z's compliance with these two

general requirements. These provisions are not intended to preclude the

EEOC from establishing non-compliance with a specific requirement, such

as the reporting or training requirements of this Decree.

I

34.2. The Parties agree that in evaluating S&Z's compliance with the general

requirements of this Decree, it is appropriate to (a) compare the proportion
I I
of female, African-American/Black employees hired during a specific
I
period, to the proportion of female, African-American/Black applicants

during the same period; and (b) compare the proportion of African-

American/Black applicants during each specific reporting period, or other
!
mutually agreeable period, to the proportion of African-Americans and

Black in the labor force in the geographic area from which applications for

employment at S&Z are received during that same period. The Parties

recognize that there may be other appropriate methods to evaluate S&l's
I
compliance, and do not intend to mandate the use of any particular

methodology.

34.3. The Parties agree that S&Z may establish its compliance with the general

requirements of this Decree by demonstrating, for example and without

limiting the types of evidence that may demonstrate compliance, that

(a)sex, race or color was not a motivating factor in any decision not to hire

any particular female. or African-American/Black applicant; and/or (b) it

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exercised reasonable efforts to attract qualified female, or AfricanAmerican/Black applicants. 34.4. Disputes arising under this Paragraph 34.4 shall be resolved in accord with Section 52 of this Decree with the additional requirement that, shoJld the EEOC conclude that S&Z has failed to comply with its obligations under this Paragraph 34.4, the EEOC will provide written notice to S&Zof the EEOC's conclusion, together with a description of the evidence supporting that conclusion, and will meet with S&Z representatives Ito discuss the EEOC's conclusion and supporting evidence, to consider any response which S&Z may present, and if the EEOC remains convinced
I I
that S&Z has failed to comply, to negotiate with S&Z toward a resolution 'of the dispute over S&Z's compliance. These steps must be taken before the EEOC may bring an action for enforcement in the Court based on S&Z's alleged noncompliance with this Paragraph 34. 35. EEO Training. 35.1. Development of EEO Training Program: Within one-hundred twenty (120) days of the Effective Date of this Decree, S&Z shall submit to the EEOC proposed EEO training programs for (a) non-supervisory employees; (b) supervisory employees; and (c) human resource employees at S&Z. Eayh training program will include the following information: (a) a detailed agenda; (b) curriculum vitae(s) of the trainer(s); and (c) a plan to ensure that all employee receive the required training. Within fourteen (14) days of receiving S&Z's training proposal, the EEOC will advise S&Z of any
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Case 1:03-cv-02023-KMO Document 18-1

Filed 08/16/2006 Page 11 of 34

Filed 08/03/2006

I
1 Page 14 of 3

I

recommended changes. Any dispute between S&Z and the EEOC asl to the training program will be resolved through the enforcement procedures in Section 52. 35.2. Amount of Training Required. (a) The EEOC recognizes S&Z conducted training during 2005 for all
employees, and diversity training is currently scheduled. (b) Non-Supervisory Employees - On an annual basis, S&Z will
provide non-supervisory employees at S&Z at least three hours of EEO training. Additionally, at least one hour of EEO training will be
i
provided to all non-supervisory employees within thirty (30) days of hire. This training may be by in-person presentation, presentation by videotape, online program, or other similar medium. (c) Management and Supervisory Employees - On an annual basis, S&Z will provide supervisory and management employees at S&Z with at least three hours of EEO training. Additionally, at least four hours of EEO training will be provided to all supervisory and management employees within thirty (30) days of hire or promotion into a supervisory position. This training may be by in-person presentation or some combination of in-person presentation and presentation by videotape, online program, or other similar mediJm. (d) Human Resource Employees - On an annual basis, S&Z will provide human resource employees with at least twelve (12) hours of EEO training. Additionally, EEO training will be provided within

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Filed 08/16/2006 Page 12 of 34 Filed 08/03/2006 Page 15 of 37
I

thirty (30) days of hire or promotion into a human resource position

at S&Z. This training may be by in-person presentation or some

combination of in-person presentation and presentation by

videotape, online program, or other similar medium. This trainirg

requirement may be met by up to four hours of company-presented

training, with the remainder provided by attendance at third-party

prepared and presented seminars or presentations, provided that
I
all of the required topics are covered in either company-presented

or third-party presented programs.

35.3. Required Subjects of Training - the EEO Training Programs Shall Include:

•

for non-supervisory, supervisory and management, and human

resources employees, instruction on the requirements of all

applicable equal employment opportunity laws including, but not

limited to, Title VII of the Civil Rights Act of 1964, as amended, the

Age Discrimination in Employment Act, the Americans with

Disabilities Act, the Equal Pay Act and the Pregnancy

Discrimination Act;

•

for non-supervisory, supervisory and management, and humfln

I

resources employees, an explanation of job descriptions and their

use, and review of S&Z's non-discrimination employment policies
I
with particular emphaSis on the complaint procedure and

prohibitions on retaliation;

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Case 1:03-cv-02023-KMO Document 18-1

Filed 08/16/2006 Page 13 of 34
I
Filed 08/03/2006 Page 16 of 3~
I

•

for supervisory and management, and human resources

I
employees, instruction on any policies related to this Decree, such ,

as: the job descriptions, hiring and promotion procedures, and

advertising and recruitment procedures;

•

for supervisory and management, and human resourc~s

employees, instruction on the specific requirements of this Decree

and the proper procedures for responding to complaints of

discrimination or harassment.

36. Modification and Implementation of EEO Policies and Procedures:

36.1. Review of Policies - The EEOC has reviewed S&Z's recently revised

policies and procedures and found them compliant with EEOC regulations.

When necessary, the EEOC will work with S&Z management to develop
I
and implement new and/or revised policies and procedures to provide

equal employment opportunities for female and/or African-American/Black

applicants and employees. During the second and subsequent years of

this Decree, S&Z may develop additional policy revisions to provide equal

employment opportunities.

36.2. Policies to Be Modified or Developed.

(a) Job Descriptions - By no later than six months after the Effective I
Date of this Decree, S&Z will adopt and publish to employees

detailed job descriptions which include duties and minimum

qualifications for each position in existence at S&Z. The job

descriptions shall be developed in accordance with professional

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Case 1:03-cv-02023-KMO Document 18-1 Filed 08/03/2006 Page 17 of 37
standards of job analysis. The job descriptions shall be accessible
posti~9. to all employees and shall be referenced in any job
Publication of the job descriptions may be achieved by anyone lor more of the following methods: (a) distributing copies to employees; (b) posting copies in areas where communications to employees are routinely posted; or (c) providing written notice to employees of the existence of the job descriptions and of where an employee may review the job descriptions. (b) Hiring Procedures - By no later than six months after the Effective Date of this Decree, S&Z will adopt and publish to employees hiring procedures, to include at least the following: (a) clear and objective hiring criteria; (b) job posting of available non-managerial positions to employees, including minimum qualifications and application deadlines; (c) requirement that successful candidates be selected from among the pool of qualified applicants; and (d) publication of the policies and hiring criteria to employees and applicants. Publication of the hiring procedures may be achieved by anyone or more of the following methods: (a) distributing copies to employees; (b) positing copies in areas where communications to employees are routinely posted; or (c) providing written notice to employees of the existence of the hiring policies and of where an employee may review the hiring policies.
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(c) Job Advertising - By no later than six months after the Effective Date of this Decree, S&Z shall implement job advertising policies which include advertising in the community, and in publications targeted to females and African-American/Black individuals.
(d) Recruitment - By no later than six months after the Effective Date of this Decree, S&Z shall implement recruitment policies which target female and African-American/ Black communities.
RESOLUTION OF CLAIMS ASSERTED ON BEHALF OF INTERVENOR 37. Terms of Resolution: In resolution of all claims raised on behalf of Baron by the
EEOC in its Complaint and in the Complaint in Intervention or which could have been raised on her behalf in the Lawsuit, S&Z will make an offer of employment to Molly Baron and payments to Baron and her counsel as described in Paragraph 38. Baron will execute the Settlement Agreement and Release rRelease'') attached to this Decree as Exhibit C, Within ten days of executiorl of the Release and delivery of payments to Baron and her counsel pursuant to Paragraph 38, counsel for the Parties shall submit a stipulation to the Court of compliance with the terms of this Decree in resolution of claims on behalf of Baron, together with a proposed Order of Dismissal with Prejudice of all claims. If the Court is satisfied that the terms of resolution have been met, an Order of Dismissal with Prejudice of all claims on behalf of Baron, will enter. 38. Payment to Intervenor: S&Z will pay to Baron the aggregate sum of ninety thousand dollars ($90,000) to be apportioned and identified as follows: $30,000 as payment for Baron's allegation of refusal to hire; $60,000 for compensatory damages. Such payments shall be made within ten days after Baron has
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Case 1:03-cv-02023-KMO Document 18-1 Filed 08/03/2006 Page 19 of 37
executed the Release provided that Baron does not exercise any right to revoke
I
contained in the Release. S&Z shall prepare and forward appropriate tax reporting Form 1099-MISC for Baron's award. On Form 1099-MISC for the compensatory damage award to Baron, S&Z shall designate Box 3, Other Income, and not Box 7. 39. Payment to Intervenor's Counsel: Baron is a prevailing party for purposes of an award of attorneys' fees and costs pursuant to 42 U.S.C. §2000e-5(f). In full settlement of claims for attorneys' fees and costs, S&Z will pay the amount lof thirty thousand dollars ($30,000) to Baron's counsel, Dennis J. Niermann, Es1., 4070 Mayfield Road, Cleveland, Ohio 44121. Such payment shall be made within ten days after Baron has executed the Release, provided that Baron does not exercise any right to revoke contained in the Release. S&Z shall prepare and
I
forward an appropriate tax reporting Form 1099-MISC. Baron's counsel represents and warrants that upon payment of monies stated in this Section, no application for fees or further requests for attorney compensation will be made, except to the extent permitted under any dispute arising under the terms of the
I I
Release entered into between S&Z and Baron. 40. Tax Treatment of Payments to Intervenor and Counsel.
40.1. S&Z shall make required reports to the Internal Revenue Service and other tax authorities. RESOLUTION OF EEOC CLASS CLAIM
41. Class Monetary Relief. 41.1. Class Settlement Fund Amount: S&Z shall pay the gross sum of $850,000 ("Class Fund"), in resolution of the EEOC's claims of hiring discriminatioJ
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41.2. Class Fund Account: The Class Fund shall be deposited and maintained
I
in a segregated account in the manner described herein: (a) Within thirty (30) days after the Effective Date, S&Z shall establish
and maintain a segregated account, which shall be known as the "Class Fund Account." S&Z shall fund the Class Fund Account with twelve (12) equal payments made quarterly over a period of three
I
(3) years from the Effective Date, the first payment to be made ninety (90) days from the Effective Date. (b) The Class Fund Account shall be an interest-bearing account in an established financial institution selected by S&Z. All interest earned by the Class Fund Account will be the property of and paid to S&Z. (c) The Class Fund will be distributed in accordance with the provisions of this Decree. Under no circumstances shall commitments for payments from the principal of the Class Fund for purposes allowed by this Decree exceed the amount of fun~s available in the Class Fund. 42. Administration of Class Settlement.
I
42.1. Class Fund Administrator: The EEOC and S&Z shall select a Class Fund
!
Administrator ("Administrator") to perform all functions necessary to the administration of the Class Fund as described in this Decree and as detailed more fully in the contract for services negotiated with the Administrator. The Administrator shall be an agent for the parties in regard to his or her duties under the Decree. The Administrator will have
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Case 1:03-cv-02023-KMO Document 18-1 Filed 08/03/2006 Page 21 of 37

I
authority to employ the staff necessary to carry out his or h'er
i
administrative functions, subject only to limitations provided in the

negotiated contract for services.

42.2. Responsibilities of Administrator: As more fully detailed in the negotiated
I I
Service Provider Contract. the Administrator will have the following

responsibilities:

•

Develop and maintain a database of potential class members,

based on records provided by S&Z, and by temporary staffing

agencies utilized by S&Z during the Class Liability Period;

•

Manage all efforts to provide notice to potential class members,

including follow-up efforts to locate potential Class Members;

•

Receive, process, and evaluate claims for eligibility and settlement

amount. 42.3. Potential Class Member Database:

I
,
Within sixty (60) days after the

Effective Date of this Decree, S&Z and the EEOC will provide the
I
Administrator with all available records of individuals who unsuccessfully

sought employment at S&Z during the Class Liability Period. From that

information, the Administrator will create a database of Potential Class

Members. When the Administrator has completed compilation of the

database, a copy will be provided to the EEOC and S&Z.

42.4. Database Challenges: Within thirty (30) days after receiving the
,
completed database, S&Z may challenge any name on the database by
i
submitting to the Administrator a statement of the basis for any subh

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Case 1:03-cv-02023-KMO Document 20 Filed 08/16/2006 Page 19 of 34
Case 1:03-cv-02023-KMO Document 18-1 Filed 08/03/2006 Page 22 of 37
challenge, together with any supporting evidence. The Administrator will
I
evaluate the evidence and issue a recommendation to the EEOC as Ito whether the challenged individual should be removed from the Potential Class Member database as ineligible. The EEOC will determine whether to remove the challenged individual from the database. The challenge process will be completed and the database finalized within sixty (60) days after tile initial database was provided to the EEOC and S&Z under the previous Paragraph 42.3. When the Potential Class Member database is finalized, the Administrator will serve written notice on S&Z and the EEOC, the date of which notice will be the "Start Date" for purposes of the claim process. 42.5. Notice of Class Settlement:
i
(a) Notification Period - For a period of not more than one hundred
I
twenty (120) days after the Start Date ("Claims Receipt Period"), the Administrator shall solicit and accept claim forms through the means set forth in the Subparagraphs below. No new claims will be accepted after conclusion of the Claims Receipt Period. (b) Mailing - To each individual on the Potential Class Member database, the Administrator will mail the following materials; (1) a "Cover Letter" in the form of Exllibit A; (2) a "Class Claim Form," in the form of Exhibit B; and (3) a postage paid return envelope addressed to the Administrator. The Parties will cooperate with the Administrator to make reasonable efforts to locate indiVidutlS
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Case 1:03-cv-02023-KMO Document 18-1 Filed 08/03/2006 Page 23 of 37
whose mailings are returned or undeliverable. The Administrator will mail a Cover Letter and Class Claim Form to any individual who so requests. (c) Notice in Selected Print and Radio Media - The Administrator may place advertisements in selected print and/or radio media, directed to females and/or African-American/Black communities in the Northeastern Ohio metropolitan area. The text of such advertisements shall be prepared according to and comply with the instructions set forth in Subparagraph (d) below. (d) Advertisement and Website Content - Except for the written notices
, ,
attached hereto, the content of any other notice, including without
,
limitation print and radio advertisements , website notice, and
I
information provided by telephone, shall be developed by the Administrator and submitted to the EEOC and S&Z for approval prior to being used. The content of such notices will be a summary of the information included in the Claim Form Cover Letter, and shall not include the following (a) any description of the substantive facts, allegations and claims of the Complaint and the Individual Charge, except as generally stated in the Cover Letter; (b) any reference to the amounts paid under the Decree; and/or (c) any reference to amounts which might be awarded to Class Members. Any disputes over content of notices shall be resolved in accord with Section 52 of this Decree.
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Case 1:03-cv-02023-KMO Document 18-1 Filed 08/03/2006 Page 24 of 37
(e) Termination of Advertising - At the conclusion of the ClaiL Receipt Period, all advertising activity shall cease. The content of the website and the Administrator's telephone message shall be revised to eliminate any reference to acceptance of claims, and shall refer to and provide information only on the status of existing claims. The revised content of the website and the telephone message shall be developed as prescribed by Subparagraph (d) above. The website and telephone number will remain active until the Administrator determines that they no longer serve a useful purpose in the processing of claims but in no case beyond thirty (30) days after the date upon which all payments to Eligible Class Members have been mailed under Subparagraph 46 of this Decree.
I
I
43. Processing Claims for Class Participation: Individuals who deliver a completed Claim Form to the Administrator within the Claims Receipt Period ("Claimants") will be eligible for consideration to be Class Members. The determination of eligibility and claims share amount will be made as follows: 43.1. Eligibility and Distribution Criteria - At least forty-five (45) days before the Start Date, the EEOC will provide S&Z an explanation of the criteria for determining eligibility, and a formula for determining distribution of the Class Fund. Within thirty (30) days of receiving the proposed eligibility criteria and distribution formula, S&Z may submit to the EEOC and Administrator any suggested changes to the proposed criteria and formula, provided that the EEOC shall retain complete discretion over the
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final criteria for determining eligibility and the formula for determining distribution of the Class Fund. Provided, however, that in no case shall any Class Member receive a total distribution of more than $45,000 from the Class Fund. 43.2. Eligibility and Claim Share Determination - All claims for class participation shall be submitted to the Class Administrator, who will analyze and determine eligibility and Claim Share, based on the eligibility criteria and distribution formula determined in Paragraph 43 above. The Administrator's determinations will be subject to review and approval by the EEOC. The EEOC retains final authority for determining class eligibility and distribution of the Class Fund. 43.3. Class Distribution List - The EEOC's determinations of eligibility and distribution will be set forth in a Class Distribution List, which will list the names and mailing addresses of eligible Claimants, and the Claim Share for each Class member, divided between back pay and compensatory damages. 43.4. Notice of Eligibility Determination - Based on the EEOC's determination of class eligibility and distribution, the Administrator will mail notices of eligibility determination to all Claimants. (a) Ineligible Claimants - To all Claimants determined to be ineligible,
the Administrator will mail a notice of Determination of Ineligibility and a Notice of Rights.
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(b) Eligible Claimants - To all Claimants determined to be eligible ("Class Members"), the Administrator will mail a Notice of Eligibility Determination and Settlement Offer, together with a Notice of Rights, a Class Member Release, a check payable to the Class member and a postage pre-paid envelope addressed to the Administrator. If contacted by a Class Member for attorney referrals, the EEOC will follow its standard procedures, by which three names, taken in order of routine rotation from the EEOC's list of approved counsel, aremailed.withtheircontactinformation.to the inquiring Class Member.
44. Claimant Objections and Fairness Hearing. 44.1. Scope of Objections: Claimant objections are limited to (a) challenging the fairness of the eligibility criteria and distribution formula established under Paragraph 43 above. Class Members who file timely objections, will be allowed ten days after informal resolution by the EEOC or final determination by the Court of their objection, to accept the offer by signing and returning the Class Member Release, in the form of Exhibit D. Notwithstanding the foregoing 45-day and 1-day submission deadlines, the Administrator will continue to accept Class Member Releases for twenty (20) days after resolution or determination of the last-decided claimant objection or, if no objections are filed, for twenty (20) days after the deadline for filing objections, and any Class Member Release received
I
during this period will be deemed timely submitted. Any Class MemI ber
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Case 1:03-cv-02023-KMO Document 20 Filed 08/16/2006 Page 24 of 34 Case 1:03-cv-02023-KMO Document 18-1 Filed 08/03/2006 Page 27 of 37
who fails to return the Class Member Release within the time allowed; in
I
this paragraph, will be deemed to have rejected the settlement offer.
,
Provided, however, that the EEOC and S&Z may, by agreement, accept a late-returned Class Member Release at any time. 44.2. The Class Member Release shall cover any and all claims which were or could have been raised in the Charge of Discrimination and/or in this lawsuit.
6f 45. Administrator's Certification of the Class: Upon receipt by the Administrator a
signed Class Member Release, the Administrator will forward to S&Z the original signed Class Member Release, and send notice to S&Z and the EEOC that the Class Member has signed the Class Member Release and is therefore deemed an Eligible Class Member. On the first business day after close of the period for accepting Class Member Releases under Paragraph 44 above, the Administrator will provide the EEOC and S&Z with a Certification of the Class, listing all EliJible Class Members, and all Class Members who have not returned a signed Class Member Release and are thus deemed to have rejected the settlement offer under Paragraph 44 above. 46. Distribution of Class Settlement Fund. 46.1. Payments to Eligible Class Members: Within fourteen (14) days after the
Administrator's Certification of the Class, S&Z shall distribute the Class
I
Fund to Eligible Class Members in the amounts reflected in the Final
I
Class Distribution List approved by the Court. To each Eligible Class Member, S&Z will mail two checks drawn on the Class fund - one fori that
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portion of the gross amount payable to the Eligible Class Member which represents wages, less legally-required deductions, and one check for that portion of the gross amount payable to the Eligible Class Member which represents compensatory damages and is not subject to withholding. 46.2. Distribution of Undistributed and Unclaimed Portion of Class Payment: All undistributed and unclaimed funds shall be donated to Habitat for Humanity. In the event Habitat for Humanity does not want this donation, the funds will be donated to the United Negro College Fund. 46.3. Tax Treatment of Class Payments: (a) Payments to Eligible Class Members will be divided as follows: one
hundred percent (100%) non-wage income. (b) S&Z shall prepare and distribute tax reporting forms to each Eligible
Class Member who receives payment under this Decree. (c) S&Z shall make appropriate reports to the Internal Revenue
Service and other tax authorities. (d) Eligible Class Members shall be responsible for payment of the
employee's share of taxes owed to any governmental authority as a
I
result of payments under this Decree. Any taxes on earnings of the Class Fund which may accrue shall be paid by S&Z as part of the administrative expenses governed and limited by Paragraph 42 of
I
this Decree. REPORTING AND RECORD KEEPING
47. Document Preservation:
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Filed 08/16/2006 Page 26 of 34
!
Filed 08/03/2006 Page 29 of 37
I

47.1. For the duration of the Decree, S&Z agrees to maintain such records as

are necessary to demonstrate its compliance with this Decree and verify

that the reports submitted are accurate, including but not limited to the

documents specifically identified below.

47.2. For the duration of the Decree and for two years following termination of

the Decree, S&Z shall retain the following hard-copy (paper or fiche) and

computer records relating to activities at and for S&Z:

•

all covered job postings;

•

all applications, including employee applications for open positions;

•

all records regarding selection of successful candidates;

•

all personnel files including all performance appraisals, discipline

and termination records;

•

a copy of any advertisement for any open position;

•

all complaints of discrimination or harassment based upon race,

and all records of the investigation of those complaints;

•

all complaints of retaliation prohibited by statutes enforced by the

EEOC, and all records of the investigation of those complaints;

•

all notices of rejection to applicants for initial hire, requested

I
change of assignment or promotion;

•

all computerized payroll data; and

I

•

all data utilized in hiring performance reviews and seleCtion

decisions for positions filled.

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This paragraph requires only the retention of existing documents and records, ~nd

documents and records that are hereinafter created and maintained in the nortrlal

course of S&Z's business activities. It imposes no requirement that S&Z create

documents or records of a type not already being created or maintained.

48. Initial Report: Within one hundred twenty (120) days of the Effective Date of this

Decree, S&Z shall provide the EEOC with the following:

•

a status report on the project to review and revise existing policies, as

required in Paragraph 47 above;

•

verification that all supervisors and managers at S&Z, and all human

resource employees at S&Z have attended orientation on the terms and provisions of this Decree; and

•

proposed EEO training programs.

49. Periodic Reports.

49.1. During the term this Decree, S&Z shall submit six semi-annual reports to

the EEOC. With each report, S&Z shall submit all data in electronic form.

49.2. The first reporting period will begin on the Effective Date of this Decree, and will end on the last day of the fifth complete calendar month there~fter

(e.g., April 17, 2006 through September 30, 2006). Each subsequent reporting period will be six calendar months.

49.3. Each report shall contain the following information for the relevant

reporting period:

I

•

copies of each applicable job posting during the reporting period;

I

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Case 1:03-cv-02023-KMO Document 18-1 Filed 08/03/2006 Page 31 of 37

•

a summary, categorized by sex and race, including African-

American/Black, of applicants for each position for which

applications were accepted at S&Z during the reporting period, and

the identity by sex and race of the persons selected;

•

the number of employees employed at S&Z at the start and end of

the reporting period, categorized by sex and race;

•

copies of all complaints, formal or informal, of race discrimination,

harassment or retaliation, and copies of the investigative files

relating to each complaint; and

•

verification of employee attendance for all EEO training conducted

during the reporting period.

49.4. Additional Data - The EEOC shall have the right to request additional
I
computer or other data from S&Z, so long as the information sought is
I
necessary and consistent with the EEOC's enforcement of the Decree.

S&Z shall comply with a request for additional data within thirty (30) days

of the request. Any disputes between S&Z and the EEOC regarding the

propriety of any request for additional data shall be resolved in accord with

Section 52 of this Decree.

RESOLUTION OF DISPUTES AND ENFORCEMENT OF CONSENT DECREE

50. Enforcement by EEOC - It is expressly agreed that if EEOC concludes that S&Z

has breached this Decree, EEOC may bring a Notice of Dispute complying with

the informal resolution procedures set forth in Paragraph 52 below.

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51. Scope of Remedies - In any action to enforce the terms of this Decree, the cdurt will have full authority to order any remedy the Court deems appropriJte, including without limitation, specific performance and/or extension of the Decree beyond the thirty-nine month term.
52. Obligatory Informal Resolution Efforts. 52.1. Notice of Dispute: Prior to initiating an action to enforce the Decree or to
I
submit an unresolved dispute to the Court, acting Party, the EEOC i or
!
S&Z, will provide written notice to the responding Party of the nature of the
I
dispute. As appropriate, this notice shall specify the particular provisiori(s) believed to have been breached and a statement of the issues in dispute. The notice may also include a reasonable request for documents or information relevant to the dispute. 52.2. Response to Notice of Dispute: Within fourteen (14) days after service of the Notice of Dispute, the responding Party will provide a written response and provide the requested documents or information, unless there is a dispute over the request for documents or information. Disputes over requests for documents or information will be resolved in accord with this
I
Section. 52.3. Service: In order to expedite the process, service of the Notice of Dispute
and Response shall be made by hand-delivery, facsimile transmission, or electronic mail. 52.4. Meeting: After service of the Response, the EEOC and S&Z will schedule a telephone or in-person meeting to attempt to resolve the dispute.
- 29 -

Case 1:03-cv-02023-KMO Document 20 Filed 08/16/2006 Page 30 of 34 Case 1:03-cv-02023-KMO Document 18-1 Filed 08/03/2006 Page 33 of 37
I
52.5. Dispute Resolution Period: If the dispute has not been resolved within thirty (30) days after service of the Notice of Dispute, an action to enforce
I
the Decree or to bring the unresolved dispute before the Court may ibe filed in this Court. 53. No Delegation of Authority to Enforce. Nothing in this Decree is intended to confer upon any person or entity other than the Parties the right to seek enforcement of this Decree or of any of the terms contained herein. Nothing in this Decree is intended to confer upon any person or entity other than the Parties the right to bring an unresolved dispute arising under this Decree, except as specifically provided in Paragraph 55.
54. Time Limitations on Enforcement Actions by EEOC: The EEOC may, within one
I
year after receipt by the EEOC from S&Z of a report required by and in compliance with this Decree, file a motion alleging that a violation of the terms of
I
the Decree occurred based upon that report. Should the EEOC learn of fa.cts
I I
that it believes establish a violation of the Decree by means other than a re~ort
from S&Z, then the EEOC shall have one year from the date on which it lean1ed of such facts within which to file a motion alleging a violation of the Decree. No motion alleging a violation of the Decree may be initiated more than five (5) years after the Effective Date of the Decree. 55. Expedited Proceedings: The provisions of this section do not prevent the EEOC from bringing an issue before the Court when the facts and circumstances require immediate Court action. Prior to filing such action, and as early as is
!
practical under the circumstances, S&Z will be notified of the EEOC's inten to
- 30-

Case 1:03-cv-02023-KMO
Case 1:03-cv-02023-KMO

Document 20
Document 18-1

Filed 08/16/2006 Page 31 of 34 Filed 08/03/2006 Page 34 of 37

invoke this provision. The EEOC's moving papers shall explain the facts ~nd
I
circumstances that necessitate immediate Court action. Should the EEOC bryng a matter before the Court requiring immediate Court action, copies of the moving papers will be provided to S&Z.
MISCELLANEOUS TERMS
56. Attorney Fees and Costs: The EEOC and S&Z shall bear their own costs ~nd
attorneys' fees associated with this litigation and neither shall seek reimbursement for any investigative and/or litigation costs, fees or expenses in this matter. 57. Disclosure and Non-Disclosure of Records: The EEOC will disclose records, or maintain confidentiality of records, in accordance with the standards established in the Freedom of Information Act ("FOIA"). Within five working days of receiving a request relating to this litigation or the underlying charge of discrimination, the EEOC will provide S&Z a copy of the request, and specify the date by which the EEOC is required to respond. During the twenty (20) working day period, the EEOC has to respond to a FOIA request, S&Z may submit a statement of lits position as to what records the EEOC is required to disclose or maintain confidential, and the EEOC will give due consideration to S&Z's position. Prior to disclosing any records, the EEOC will inform S&Z if the EEOC's position is
!
different from S&Z's. Because of the limited time for the EEOC to respond to FOIA request, the Parties will cooperate with one another in attempting to promptly identify any differences, so that if necessary, S&Z may seek a protective order.
- 3) -

Case 1:03-cv-02023-KMO Document 20
Case 1:03-cv-02023-KMO Document 18-1

Filed 08/16/2006 Page 32 of 34
Filed 08/03/2006 Page 35 of 37

58. Dismissal of Complaints: Six months after expiration of this Decree, or ISiX

months after the final resolution of any enforcement action or other dispute under

this Decree which might be filed with the Court, whichever is later, the Complaint

in this Lawsuit and all claims raised therein against S&Z which have not

previously been dismissed with prejudice, will be dismissed, with prejudice, with

each Party to bear its own attorneys' fees and costs.

59. Computation of Time Periods: In computing any period of time prescribedlor

allowed by this Decree, unless otherwise stated such computation shall be made
I
consistent with the Federal Rules of Civil Procedure.

60. Notices: Except as is otherwise provided for in this Decree, all notifications,
I
reports and communications to the Parties required under this Decree shall be

made in writing and shall be sufficient as hand-delivered, faxed or sent Iby

certified or registered mail to the following persons (or their designated

successors):

For S&Z:

David Rutila, President Peter M. Poulos, Esq. 3180 Berea Road Cleveland, Ohio 44111-1598 Fax: (216) 252-7270

For Molly Baron:

Dennis J. Niermann, Esq. Dennis J. Niermann Co., LPA 4070 Mayfield Road Cleveland, Ohio 44121 Fax: (216) 291-9622

For EEOC:

Lawrence Mays, Esq. Equal Employment Opportunity Commission Anthony J. Celebrezze Bldg., Suite 3001 1240 East Ninth Street, Cleveland, Ohio 44199 Fax: (216) 522-7430

- 32 -

Case 1:03-cv-02023-KMO Document 20 Filed 08/16/2006 Page 33 of 34
Case 1:03-cv-02023-KMO Document 18-1 Filed 08/03/2006 Page 36 of 37

Any party may change such addresses by written notice to the other parties, settIng

forth a new address for this purpose. Notwithstanding the provisions for notification
writi~9, contained in this paragraph, the Parties may, after agreement memorialized in

send each other such notifications, reports and communications bye-mail transmission.
I
61. Recitals Incorporated: The statements and commitments of the Parties stated in

the Recitals by the Parties are incorporated into and treated as part of this Order.

62. Amendment: By mutual consent of the Parties, this Decree may be amended in

the interest of justice and fairness in order to execute the provisions involved. No
I
waiver, modification or amendment of any provision of this Decree shall be

effective unless set forth in a written agreement executed by the Parties a'nd

approved by the Court. Neither Party may approach the Court seeking any
I
modification, amendment, extension Dr other order concerning this Decree,

without having first discussed, in person or by telephone, the proposed change

and sought agreement by or resolution with the non-moving Party.

I

63. Implementation: The EEOC and S&Z agree to take all steps that may re

necessary to fully effectuate the terms of this Decree.

f.{ ~ du.,J/>/- SO ORDERED, ADJUDGED AND DECREED this

day of ~'2006.

M~ 1«. 6if(~/

Kathleen M. O'Malley United States District Court Judge

- 33 -

Case 1:03-cv-02023-KMO
Case 1:03-cv-02023-KMO

Document 20
Document 18-1

Filed 08/16/2006 Page 34 of 34
Filed 08/03/2006 Page 37 of ~7

BY CONSENT:
EQUAL EMPLOYMENT OPPORTUNITY INC.
:~M~(g~
Lawrence Mays
Date: ~ 3!( 2-.- DO"

S&Z TOOL & DIE CO., BY:
Date: 2f;-/o &

Lawrence Mays, Esq. Equal Employment Opportunity
Commission Anthony J. Celebrezze Bldg., Suite 3001 1240 East Ninth Street, Cleveland, Ohio 44199 (216) 522-4796
Attorney for EEOC

Peter M. Poulos, Esq.

Mary G. Balazs, Esq.

Taft, Stettinius & Hollister

200 Public Square

i

3500 BP Tower

Cleveland, Ohio 44114

(216) 241-2838

Attorneys for S&Z Tool & Die Co, Inc.

Attorney for Molly Baron

- 34 -

Case 1:03-cv-02023-KMO Document 20-2 Filed 08/16/2006 Page 1 of 16 Case 1:03-cv-02023-KMO Document 18-2 Filed 08/03/2006 Page 1 of 2

Address

_____,2006

Dear - - -
The Equal Employment Opportunity Commission ("EEOC"). a United States government agency charged with the duty of enforcing the federal laws against discrimination in employment, has entered into an agreement with S&Z Tool & Die Co., Inc. (,'S&Z"). The agreement settles a Complaint that the EEOC filed against S&Z on September 30,2003. The agreement provides that some females or blacks who sought employment with S&Z and were not hired, may be eligible for monetary awards. The amount of money distributed will depend on the number of eligible females or blacks who submit timely and complete claim forms to the Claims Administrator.
In order to be considered for any monetary award undcr the terms of the agreement, you must meet ALL of tile following criteria:
a. You are a female or black and you applied to S&Z for a Gencral Laborer position at any time during the period of October 1999 through December 2004:
b. Were QualiJied lor the position applied for:
c. Were not offered the position applied for; and
d. Were not hired by S&Z within one year after applying for the position.
lfyou are not a per1;on who falls within this definition, you should disregard this letter.

( K0278890.2)

Case 1:03-cv-02023-KMO Document 20-2 Filed 08/16/2006 Page 2 of 16 Case 1:03-cv-02023-KMO Document 18-2 Filed 08/03/2006 Page 2 of 2
If you believi: that you meet the above requirements, you are eligible to file a claim in this case. rfyou wish to be considered for a monetary award in this case, YOU MUST FILE THE ATTACHED "CLAIlVI FORM" AS INSTRUCTED BELOW. IF YOU DO NOT FILE THE ENCLOSED CLAli\1 FORM, YOU WILL NOT BE ELIGIBLE TO RECEIVE ANY MONETARY BENEFITS FROM THE SETTLElVlENT IN THIS CASE. PLEASE NOTE, HOWEVER, THAT RETURNING YOUR CLAIM. FORM DOES NOT GUARANTEE THAT YOU WILL RECEIVE A MONETARY A\VARD.
The deadline for tiling this Claim Form is _ _ _., 2007. Your Claim Form must be postmarked by the dati: and mailed to:
Please be ad" ised that your failure to completely fumish the iniormation requested and return it to the Claims Administrator by the date specitied, may result in the rejection of your claim. It is in your best interest to immediately return your completcq Claim Form. Please ensure that your Claim Form is notarized by a Notary.
A determination will be made pursuant to the Commission's agreement with S&Z, in determining what. irany, compensation you may be entitled to.
Sincerely,
{ K0278890.2)

Case 1:03-cv-02023-KMO Document 20-2 Filed 08/16/2006 Page 3 of 16 Case 1:03-cv-02023-KMO Document 18-3 Filed 08/03/2006 Page 1 of 3

S&Z TOOL & DIE CO., INC. CLAIM FORM

IMPORTANT

TO BE MAILED OR FILED ON OR BEFORE

,2006

Note: You must be black or female to file this claim form.
Full Name: _ _ _ _ _ _ _ _ _ __ (First, Middle and Last)

If you used a different name at any time from October 1999 through December 2004:

(First, Middle and Last)

Gender:

Femak _ _ _ __

Race:

Black _ _ _ __

Social Security Number:

Current Mailing Address:

Malc _ _ __ Other _ _ __

Telephone Numbers:

Home: Work: Cell:

(~_ _)L-_ _ _ _ __

J......(_ - - - ' - )_ _ _ _ _ __

(

) ..,_ _ _ __

E-mail Address:

Date of Birth:

ANSWER THE QUESTIONS BELOW AS COMPLETELY AS YOU CAN. ATTACH EXTRA SHEETS OF PAPER. IF NEEDED.

1. Did you apply to S&Z Tool & Die Co., Inc. for one of the following positions at any time during the p~riod of October 1999 through Decem bel' 2004: General Labor

yes _ _ __

No _ _ __

{ K0278884.2}

Case 1:03-cv-02023-KMO Document 20-2 Filed 08/16/2006 Page 4 of 16 Case 1:03-cv-02023-KMO Document 18-3 Filed 08/03/2006 Page 2 of 3

S&Z Tool & Die Co. Inco Claim Form Page 2 of3

2. Identify each and every position applied for at S&Z tool & Die Co.. Inc., the date of application, and whether you were qualified for the position. If retained, attach a copy of the employment application. resume or cover letter submitted to S&Z Tool & Die Co., Inc.

(a) Job Title: Date of application: Qualified: Yes _ _ __

No _ _ __

(b) Job Title: Date of applil:ation: QualifIed: Yes ._ _ __

No _ __

(c) Job Title: Date of application: Qualit1ed: Yes _ _ __

No _ _ __

3. Were you offered employment andlor hired by S&Z Tool & Die Co., Inc.?

Yes

No _ _ __

(a) If YES. when were you offered employment andlor hired and for which position? Also. if you were offered a position, yet declined the offer, please indicate why you did not accept the offer of emplayment.

Date: Position: Reason for not accepting the position, if applicable:

Date: Position: Reason for not accepting the position, if applicable:

Date: Position: Reason for not accepting the position. if applicable:

{K0278884.2}

Case 1:03-cv-02023-KMO Document 20-2 Filed 08/16/2006 Page 5 of 16 Case 1:03-cv-02023-KMO Document 18-3 Filed 08/03/2006 Page 3 of 3
S&Z Tool & Die Co. Inc. Claim Form Page 30f3 4. If you were NOT offered employment and/or hired by S&Z Tool & Die Co., Inc.,
describe your qualifications to work at S&Z Tool & Die Co., Inc .. at the time of application.
In order to be considered to receive benetlts, you must sign and date below, and have this document notarized by a Notary. I swear or aflirm that [ have read the above claim form and that it is true to the best of my knowledge, information and belief. Notary:
Signature of Claimant:
Subscribed and swom to before me this date:
IK0278884.2)

Case 1:03-cv-02023-KMO Document 20-2 Filed 08/16/2006 Page 6 of 16 Case 1:03-cv-02023-KMO Document 18-4 Filed 08/03/2006 Page 1 of

SETTLEMENT AGREEMENT AND RELEASE This Settlement Agreement and Release, by and between Plaintiff Molly Baron (HBaron")

and Defendant S&Z Tool & Die Co., Inc. ("S&Z"), their subsidiaries, affiliates, predecessors and

successors, officers, directors, board members, employees, heirs, successors, assigns. representatives,

thiSI.!!!d;y agents, and counsel, is entered on

of May, 2005. Plaintiff and S&Z are hereinafter

referred to collectively as the "Parties."

WITNESSETH:

WHEREAS, Baron filed a charge with the EEOC alleging discrimination in S&Z's hiring

practices, Charge No. 220A0004S (the "Charge").

WHEREAS, alter investigating the Charge, the EEOC filed suit against S&Z in the U.S.

District Court for the Northern District of Ohio, Case No. J:03 CV 02023 (the .'Lawsuit"), alleging

that S&Z discriminated against Baron and other applicants for employment on the basis of gender

and race. Baron there,tlter intervened in the Lawsuit. asserting individual claims against S&Z.

WHEREAS, S&Z will enter into a Consent Decree ("Consent Decree'') that provides for

monetary and nOll-monetary relief for Baron and other class members.

WHEREAS, S&Z and Plaintiffs wish to resolve, settle and/or compromise any and all

matters, claims and issues between lhem arising from or relating to Baron's application for

employment with S&Z, the Charge, and the Lawsuit.

WHEREAS, it is the Parties' desire and intention ofthis Settlement Agreement and Release

to fully and completely settle any and all claims arising out of or relating to Baron's application for

employment with S&Z, the Charge, and the Lawsuit.

{KOl08948.11

-I -

Case 1:03-cv-02023-KMO Document 20-2 Filed 08/16/2006 Page 7 of 16
I
Case 1:03-cv-02023-KMO Document 18-4 Filed 08/03/2006 Page 2 of S
NOW, THEREFORE, in full and complete settlement of all orthe differences between the
Parties and of all other claims of8aron, and in consideration of the mutual promises of the Parties,
including the Consent Decree, and other good and valuable consideration, the Parties agree as follows:
1. In consideration of the promises of Bawn in this Agreement and subject to the conditions hereof, S&Z agrees to pay Baron the total sum of$90,000.00 for any and all damages and for attorney fees. S&Z and Baron agree that S & Z will cause to be delivered to Baron's attorney, Dennis J. Niermann, (\VO checks made out as follows: (a) one made out to Molly A. Baron in the
amount of$63,500.00 and, (b) another made out to Dennis J. Niennann in the amount of$26,500.00 for attorney fees. S & Z fiu1her agrees that it wi II not issue a W-2 to Ms. Baron, but will rather issue
her and her attorney separate I099s for the amounts ofthe two checks being delivered as described in 1 (a) and I(b) above. Baron acknowledges and agrees that the release set forth in Paragraph 4 ofthis Agreement and the obligations of and actions taken by Baron under this Agreement are given and undertaken in consideration of, and adequately supported by, the payments to be made to Baron by S&Z under and pursuant to this Agreement.
2. Baron ami Attorney Niermanll acknowledge that they shall be responsible for their share of any and all federal, state, and/or local taxes applicable to the payments made to them pursuant to paragraph 1 above. The Parties further acknowledge and agree that each shall be responsible for the payment of their respective legal fees and costs (and related disbursements) incurred in connection with all maners relating to the negotiation and execution of this Agreement.
3. The Parties agree and acknowledge that nothing in this Settlement Agreement and Release may be construed as an admission by S&Z or allY of its officers, directors, agents or
(K0208948.I)
-2-

Case 1:03-cv-02023-KMO Document 20-2
Case 1:03-cv-02023-KMO Document 18-4

1 Filed 08/16/2006 Page 8 of 16
Filed 08/03/2006 Page 3 of

employees, of any violation of any contract or any provision of any local. state or federal law, or of

any right ofBaron. S&Z expressly denies having violated any provision o[any local, state or federal

law or any right ofBaToD.

4. Baron, for herself, her heirs, administrators, executors and assigns releases and

forever discharges S&Z and its officials, directors, board members, employees, attorneys, divisions,

subsidiaries, affiliates, agents or other representatives from uny and all suits, debts, claims, demands,

workers' compensation claims, charges and causes of action of any nature whatsoever, including

attorney fees, which she now has or ever has had or which may arise out of or are in any manner

connected with Baron's application tor employment with 8&Z, the Charge. and the Lawsuit. It is

further expressly understood and agreed that this is a settlement and release of any and all claims of

every nature and kind whatsoever and releases claims which are known and wlkJlown, suspected and

not suspected, including but not limited to claims under statutory or common law; claims of civil

rights violations under federal or state law; claims tor compensatory or punitive damages, whether

direct or consequential: and claims for attorney fees andlor expenses ofliligation. In addition, Baron

agrees that she will refrain from commencing any action in law or equity against S&Z or their

officials, directors, board members, employees, and agents relating in any manner to the subject

matter of this Settlement Agreement and Release, which either was commenced or could have

commenced as of the date o1"Baron' s signing of this release. This release specifically does not cover

any actions or inactions on the part of S&Z that occur after Baron's signing of this release. Baron

acknowledges that she i~ wuiving rights under federal and stale laws including the Equal Pay Act,

OSHA, ERISA, Americans with Disabilities Act, Ohio Revised Code §41 0]. 17, and Ohio Revised

Code Chapter 4 112. including §§§41 12.02, 4112.99, and 4123.90, and that she does so willingly.

{K020S94 8.11

-3-

Case 1:03-cv-02023-KMO Document 20-2 Filed 08/16/2006 Page 9 of 16 Case 1:03-cv-02023-KMO Document 18-4 Filed 08/03/2006 Page 4 of 5,

Baron further agrees and acknowledges that her compliance with the promises contained herein is a condition precedent to the obligations under this Settlement Agreement and Release.
5. Baron agrees and acknowledges that: (i) the release provided for in Paragraph 4 releases claims up to and including the date of
this Agreement; !lnd (ii) she has been advised to ond has consulted with legal counsel prior to executing this
Agreement and the release provided for in Paragraph 4, she fully understands the terms of this Agreement, and enters into this Agreement freely, voluntarily and intending to be bound. 6. Baron represents that she has not filed any other claim against S&Z except as stated on page 1 of this Senlement Agreement and Release. 7. Baron acknowledges that she is aware of the Consent Decree which will be entered and which is hereby incorporated by reference. 8. Baron warrants that no promise or inducement has been offered except as herein set forth; that this Settlement Agreement and Release is executed without reliance upon any statements or representations by S&Z or its attorney; that she is onegal age and is legally competent to execute this Settlement Agreement and Release; and that she dces so with full knowledge of its contents and upon the advice of counsel. 9. Baron agrees that the terms of this Settiemcnt Agreement will be kept confidential and will not be disclosed to any persons who are not a party to this Settlement Agreement and Release, except her attorneys and accountants.

{K020S94S.I}

-4-

Case 1:03-cv-02023-KMO Document 20-2 Filed 08/16/2006 Page 10 of 16
Case 1:03-cv-02023-KMO Document 18-4 Filed 08/03/2006 Page 5 of 5

10. Th.is Settlement Agreement and Release is made and entered into in the State of Ohio. and shall in all respects be illterpreted, enforced and governed under the laws of the State of Ohio.

11. Should any provision of this Settlement Agreement and Release be declared or be

determined by any COllrt to be illegal or invalid. the validity of the remaining parts, terms or

provisions shall not be affected thereby and said illegal or invalid part. term or provision sha11 be deemed to not be a ptlrt of this Settlement Agreement and Rolease.

12. This Settlement Agreement Hnd Release sets forth the entire agreement between the

Parties, and fully supasedes any and all prior agreements or understandings, whether wrinen or oral.

between the Parties hereto pertaining to the subject matter hereof.

13. The PaJ1ies represent and agree that all aspects of this Settlement Agreement and

Release have been thoroughly discussed with their respective legal counsel. that all provisions hereof

have been carefully read and are fully understood, and that this Settlement Agreement and Release is

entered into voluntarily

14. It is further expressly understood that this Settlement Agreement and Release shall be

broadly construed and interpreted in favor of the Parties being released and Ihat the tenns of this

Settlement Agreement and Release are contractual and not merely recital.

IN WITNESS WHEREOF. the Parties have executed this Settlement Agreement and

Release on the respective dates hereinafter indicated.

MOLLY BARON
~q,~.c:..._ __
I Date: 5" /11 0 5"I I
(K020S948.J I

BY:

ITS: 4:

W!'!IbI~S¢/.euS

Date:~~.=::;~~~-=~-!.f..~,?caj~~_ _

-5-

Case 1:03-cv-02023-KMO Document 20-2 Filed 08/16/2006 Page 11 of 16
Case 1:03-cv-02023-KMO Document 18-5 Filed 08/03/2006 Page 1 of 6

SETTLEMENT AGREEMENT AND RELEASE This Settlement Agreement ancl Release, by and between Plaintiff Equal Employm nt

Opportunity Commission ("EEOC") ancl class member

("Class Membe ")

(collectively referred to as "PlaintitTs"). and Defendant S&Z Tool & Die Co., Inc. ("S&Z"), tllr
I
subsidiaries, affiliates, predecessors and successors, officers. directors. board members, employefs,

heirs, successors, assigns, representatives, agents, and counsel, is entered on this __ day of

_____"2007. Plaintiffs and S&Z are hereinafter referred to collectively as the "Parties."

\VITNESSETH:

WHEREAS, the EEOC filed suit against S&Z in the U.S. District Court for the Northern
I
District of Ohio, Case No. 1:03 CV 02023 (the ·'Lawsuit"). alleging that S&Z discriminated agai i st

applicants for emploYlllent on the basis of gender and race.

WHEREAS, S&Z has entered into a Consent Decree with the EEOC ("Consent Decre ")

that provides for monetary and non··monetary relief for class members that applied to S&Z or

employment during the applicable period.

WHEREAS, Class Member applicd for employment at S&Z during the applicable per od

and has been determined to be an eligible member of the class pursuanllo the terms of the consint

Decree.

I

I

WHEREAS. S&Z and Class Member wish to resolve. settle and/or compromise any and all
~or matters, claims and issues between them arising from or relating to Class Member" s application

employment with S&Z and the Lawsuit.

(KOI80272.2)

-I -

Case 1:03-cv-02023-KMO Document 20-2 Filed 08/16/2006 Page 12 of 16 Case 1:03-cv-02023-KMO Document 18-5 Filed 08/03/2006 Page 2 of 6

WHEREAS, it is the Pm1ies' desire and intention of this Settlement Agreement and Release

to fully and compJetl:iy settle any and all claims arising out of or relating to Class Membe 's

application for employment with S&Z and the Lawsuit

NOW, THEREFORE, in full and complete settlement ofall ofthe differences between the
I
Parties and of all other claims of Class Member. and in consideration of the mutual promises of e

Parties, including the Consent Decree, and other good and valuable consideration, the Parties agr e

as follows:

L In consideration of the promises of Class Member in this Agreement and subject ro

the conditions hereof, the Class Member \vill be paid from the Class Fund the total sum of

$

"" Class Member acknowledges and agrees that the release sel forth in paragrath

4 of this Agreement and the obligations of and actions taken by Class Member under this Agreement

are given and undertak(;n in consideration of. and adequately supported by. the payments to be rna e

to Class Member by S&Z under and pursuant to this Agreement.

2. Class I"vlember acknowledges that helshe shall be responsible for his/her share OfTY

and all federal, state. and/or local taxes applicable to the payments made to himlher pursuantfO

paragraph 1 above. The Pal1ies further acknowledge and agree that each shall be responsible for e

payment of their respective legal fees and costs (and related disbursements) incurred in connect}'n

with all matters relating to the negotiation and execution of this Agreement.

3. The Parties agree and acknowledge that nothing in this SeHlement Agreement d

Release may be construed as an admission by S&Z or any of its officers. directors, agents or

employees, of any violation of any contract or any provision of any local. state or federal law, or of

(KO J 80272.21

-2 -

Case 1:03-cv-02023-KMO Document 20-2 Filed 08/16/2006 Page 13 of 16
Case 1:03-cv-02023-KMO Document 18-5 Filed 08/03/2006 Page 3 of 6

any right of Class Member. S&Z expressly denies having violated any provision of any local, st]te or federal law or any right of Class Member.
4. Class Member, for him:elf/her~elf, ~is~er hei~s, administrators. executors and assiTs releases and forever dIscharges S&Z and Its otiiclals. directors, board members, employer' attorneys, divisions, subsidiaries. affiliates, agents or other representatives from any and all suik debts, claims, demands, workers' compensation claims, charges and causes of action of any natJe whatsoever, including attorney fees, which he/she now has or ever has had or which may arise ouyf or are in any manner connected with Class Member's application for employment with S&Z and the
ld Lawsuit. It is turther expressly understood and agreed that this is a settlement and release ofany
all claims of every nature and kind whatsoever and releases claims which are known and UnknoJn, suspected and not suspected, including but not limited to claims under statutory or common la claims of civil rights violations under federal or state law; claims lor compensatory or puniti e damages, whether dired or consequential; and claims for attorney fees and/or expenses oflitigatiqn. Class Member agrees that he/she will refrain from commencing any action in law or equity agairt S&Z or their officials, directors, board mem bers. employees, and agents relating in any manner to . e subject matter of this Settlement Agreement and Release. Class Member waives hislher right to
recover tor any claim of race or sex fail ure to hire under Title vn of the Civil Rights Act of 1964, as
amended, that he/she had against S&Z Tool & Die Co., Inc., prior to the date ofthis release and that were included in the claims alleged in EEOC's Complaint in EEOC )I. S&Z Tool & Die Co.. It. Class Member further agrees and acknowledges that his/her compliance with the promises contaiLd herein is a condition precedent to the obligations under this Settlement Agreement and Release

(KOI80272.2}

...
- :J -

Case 1:03-cv-02023-KMO Document 20-2 Filed 08/16/2006 Page 14 of 16 Case 1:03-cv-02023-KMO Document 18-5 Filed 08/03/2006 Page 4 of 6
5. Class Member agrees and acknowledges that: (i) the release provided for in Paragraph 4 releases claims to and including the date f
this Agreement; (ii) he/she has been advised to consuh with legal counsel prior to executing t is
Agreement and the release provided for in Paragraph 4, he/she fully understands t e terms of this Agreement. and enters into this Agreement freely, voluntarily a, d intending to be bound: (iii) he/she has been given a period of twenty-one (21) days to review and consider e telms of this Agreement, and the release contained herein, prior to its execution a d that he/she may lise as much ofthe twenty-one (21) day period as he/she desires; and
Agreeme~t. (iv) he/she may, within seven (7) days after execution, revoke this
r Revocation shall be made by delivering a written notice of revocation to S&Z, t r
such revocation to be effective, written notice must actually be received by S&Z later than the close of business on the seventh (7Ih) day after Class Member executes
~o this Agreemen1, All of tbe terms and conditions of the Agreement shall be of
force and effect and S&Z shall not have any obligation to make payments to Cldss Member as set forth in Paragraph 1 of this Agreement should Class Member exerc se his/her right to revoke this Agreement. 6. Class J\;lember represents that he/she has not llled any claim against S&Z except las stated on page 1 of this Settlement Agreement and Release.

{KO 180272.2}

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Case 1:03-cv-02023-KMO Document 20-2 Filed 08/16/2006 Page 15 of 16 Case 1:03-cv-02023-KMO Document 18-5 Filed 08/03/2006 Page 5 of 6

7. Class Member acknowledges that he/she is aware of the Consent Decree which, is

hereby incorporated by reference, and that its approval is a condition precedent to S&Z's obligati n

under this agreement.

8. Class J\'lember warrants that no promise or inducement has been offered except s

herein set forth; that this Settlement Agreement and Release is executed without reliance upon

statements or representations by S&Z or its attorney; that he/she is of legal age and is lega ly

competent to execute this Settlement Agreement and Release: and that he/she does so with

knowledge of its contents and upon the advice of counsel.

9. Class Member agrees that the terms of this Settlement Agreement will be k pt

confidential and will not be disclosed to any persons who are not a

Agreement and Release, except his/her attorneys and accountants.

10. This Settlement Agreement and Release is made and entered into in the State ofOhlO.
I
and shall in all respects be interpreted. enforced and governed under the laws of the State of Ohio.

11. Should any provision of this Settlement Agreement and Release be declared or be

determined by any Gourt to be illegal or invalid, the validity of the remaining parts, tenns or

provisions shall not be affected thereby and said illegal or invalid p311, term or provision shall e

deemed to not be a part of this Settlemem Agreement and Release,

12. This Senlcment Agreement and Release sets forth the entire agreement between the

Parties, and fully slIpersedes any and all prior agreements or understandings, whether wrinen or oil.

between the Parties hereto pertaining to the subject mattcr hereof.

13. The Parties represent and agree that all aspects of this Settlement Agreement and

Release have been thoroughly discllssed with their respective legal counsel, that all provisions her Iof

{KO 180272.2}

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Case 1:03-cv-02023-KMO Document 20-2 Filed 08/16/2006 Page 16 of 16 Case 1:03-cv-02023-KMO Document 18-5 Filed 08/03/2006 Page 6 of 6

have been carefully read and are fully understood, and that this Senlement Agreement and Releas entered into voluntarily_
14. It is further expressly understood that this Settlement Agreement and Release shall e broadly construed and interpreted in favor of the Parties being released and that the terms of t Settlement Agreement and Release are contractual and not merely recital.

IN \VITNESS WHEREOF, the Parties have executed this Settlement Agreement atd

Release on the respective dates hereinafter indicated.

I

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

S&Z TOOL & DIE CO., INC. I

BY:

------

Lawrence C. Mays

Date: _ _ _ _ _ _ _ _ _ _ _ __

BY: Date: _ _ _ _ _ _ _ _ _-+!

CLASS MEMBER

- - - - - --_..- - - - - -
Signature

Print Name Date: ___________________

(KO 180272.2)

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 Northern District of Ohio - Docket Report

Page 1 of 4

Cat03, Complex, Perelman, Termed
U.S. District Court Northern District of Ohio (Cleveland) CIVIL DOCKET FOR CASE #: 1:03-cv-02023-KMO

Equal Employment Opportunity Commission v. S & Z Tool & Die Co., Inc. Assigned to: Hon. Kathleen M. O'Malley Cause: 42:2000e Job Discrimination (Employment)

Date Filed: 09/30/2003 Date Terminated: 08/16/2006 Jury Demand: Both Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

Plaintiff
Equal Employment Opportunity Commission

represented by C. Larry Watson U.S. Equal Employment Opportunity Commission - Cleveland 3001 AJC Federal Bldg. 1240 East Ninth Street Cleveland, OH 44199 216-522-7455 Fax: 216-522-7430 Email: larry.watson@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Jeffrey A. Stern U.S. Equal Employment Opportunity Anthony J. Celebrezze Federal Office Building 1240 East 9th Street, Suite 3001 Cleveland, OH 44199 216-522-7458 Fax: 216-522-7430 Email: Jeffrey.Stern@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Lawrence Mays U.S. Equal Employment Opportunity Commission - Cleveland 3001 AJC Federal Bldg. 1240 East Ninth Street Cleveland, OH 44199 216-522-4796 Fax: 216-522-7430 Email: lawrence.mays@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

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Northern District of Ohio - Docket Report

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V. Defendant S & Z Tool & Die Co., Inc.
Intervenor Molly Baron

represented by Lessie M. Jones Littler Mendelson - Cleveland 20th Floor 1100 Superior Avenue Cleveland, OH 44114 216-696-7600 Fax: 216-696-2038 Email: lmjones@littler.com ATTORNEY TO BE NOTICED
Peter M. Poulos Taft, Stettinius & Hollister 3500 BP Tower 200 Public Square Cleveland, OH 44114-2302 216-241-2838 Fax: 216-241-3707 Email: ppoulos@taftlaw.com ATTORNEY TO BE NOTICED
Mary G. Balazs Taft, Stettinius & Hollister 3500 BP Tower 200 Public Square Cleveland, OH 44114 216-241-3141 Fax: 216-241-3707 Email: mbalazs@taftlaw.com ATTORNEY TO BE NOTICED
represented by Dennis J. Niermann 4070 Mayfield Road Cleveland, OH 44121-3031 216-297-1040 Fax: 216-381-0250 Email: niermann@en.com ATTORNEY TO BE NOTICED

Date Filed 09/30/2003

#

Docket Text

1 Complaint with jury demand against S & Z Tool & Die Co., Inc. (1 summons and Magistrate Consent Forms issued). Filed by Equal Employment Opportunity Commission. (Attachments: # 1 Civil Cover Sheet)(B, BA) (Entered: 10/01/2003)

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Northern District of Ohio - Docket Report

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09/30/2003 09/30/2003 10/20/2003 10/22/2003 11/10/2003 12/04/2003 12/18/2003 12/23/2003
01/02/2004
01/06/2004 01/06/2004
01/08/2004 02/20/2004 04/02/2004

2 Random Assignment of Magistrate Judge Perelman (B, BA) (Entered: 10/01/2003)
3 Notice of Placement of case in the CM/ECF Docketing System (B, BA) (Entered: 10/01/2003)
4 Motion for extension of time until 11/10/03 to respond to complaint filed by S & Z Tool & Die Co., Inc. Related document(s)1. (Balazs, Mary) Modified text on 10/21/2003 (E, P). (Entered: 10/20/2003)
Order (non-document) entered 10/22/2003 granting defendant's Motion for extension of time until 11/10/2003 to respond to complaint (Related Doc # 4). Judge Kathleen M. O'Malley (H, C) (Entered: 10/22/2003)
5 Answer to Complaint Defendant's Answer to Plaintiff's Complaint (Related Doc # 1) filed by S & Z Tool & Die Co., Inc.. (Balazs, Mary) (Entered: 11/10/2003)
6 Motion to intervene as a party filed by Molly Baron. (Attachments: # 1 Proposed Intervenor's Complaint)(Niermann, Dennis) (Entered: 12/04/2003)
7 Opposition to Motion to intervene as a party filed by S & Z Tool & Die Co., Inc.. Related document(s)6. (Attachments: # 1 Exhibit A-unreported case) (Balazs, Mary) (Entered: 12/18/2003)
8 Unopposed Motion to enlarge time by 14 days to file reply brief to S&Z's memoranda opposing her motion to intervene filed by Molly Baron. (Niermann, Dennis) Modified text of docket entry on 12/24/2003 (B, B). (Entered: 12/23/2003)
9 Reply memorandum to S Z Tool & Dye, Inc.s memorandum in opposition to her motion to intervene filed by Molly Baron. Related document(s)6. (Attachments: # 1 Exhibit A: Charge of Discrimination # 2 Case Cite # 3 Affidavit of Molly Anne Baron)(Niermann, Dennis) Modified text of docket entry on 1/5/2004 (B, B). (Entered: 01/02/2004)
Order (non-document) entered 1/6/2004 granting plaintiff's Motion for extension of time until 1/13/2004 to file reply in support of motion to intervene (Related Doc # 8). Judge Kathleen M. O'Malley (H, C) (Entered: 01/06/2004)
Order (non-document) entered 1/6/2004 granting Molly Baron's Motion to intervene (Related Doc # 6). Intervention as of right is granted. The Court will exercise jurisdiction over all claims in plaintiff/intervenor's proposed complaint. Judge Kathleen M. O'Malley (H, C) (Entered: 01/06/2004)
10 Intervenor's complaint against S&Z Tool & Die Co., Inc.. Filed by Molly Baron. (Attachments: # 1)(Niermann, Dennis) (Entered: 01/08/2004)
11 Answer to Intervenor Complaint (Related Doc # 10) filed by S & Z Tool & Die Co., Inc.. (Balazs, Mary) Modified text on 2/23/2004 (E, P). (Entered: 02/20/2004)
12 Case Management Conference Notice & Order. Case management conference to be held on 4/26/2004 at 12:30 PM at Chambers 16A. Parties to file position statement prior to conference. Signed by Judge Kathleen M. O'Malley on

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04/15/2004 04/26/2004
06/09/2004 07/26/2004 10/08/2004 08/03/2006 08/04/2006 08/16/2006

4/2/2004. (Attachments: # 1 Position statement)(H, C) (Entered: 04/02/2004)
13 Joint Position Statement re: Case Management Conference Agenda filed by S & Z Tool & Die Co., Inc.. (Balazs, Mary) Modified text of docket entry on 4/16/2004 (B, B). (Entered: 04/15/2004)
14 Case Management Plan. CMC held 4/26/2004. Case assigned to complex track. Case is ORDERED into ECF. Case is suitable for ADR and will be referred at a later date, as needed. Parties do not consent to jurisdiction of Magistrate Judge. Rule 26 disclosures due by 5/4/2004, Non-expert Discovery due by 12/31/2004, plaintiff's expert reports due by 10/31/2004, defendants' expert reports due by 11/30/2004, expert discovery due by 1/31/2005, Parties to be Joined and Pleading Amendments due by 10/1/2004, Dispositive Motions due by 3/31/2005, with status conference to be held on 10/8/2004 at 12:30 PM at Chambers 16A. Status reports due every 45 days. Signed by Judge Kathleen M. O'Malley on 4/26/2004. (H, C) (Entered: 04/26/2004)
15 First Joint Status Report filed by S & Z Tool & Die Co., Inc.. (Balazs, Mary) Modified text of docket entry on 6/10/2004 (B, B). (Entered: 06/09/2004)
16 Second Joint Status Report filed by S & Z Tool & Die Co., Inc.. Related document(s)14. (Balazs, Mary) Modified text of docket entry on 7/28/2004 (B, B). (Entered: 07/26/2004)
17 Minutes of proceedings. Status hearing held on 10/8/04 before Judge Kathleen M. O'Malley. Another telephone conference to be on 11/10/2004 at 9:00 if Court has not received consent decree. (Court Reporter: none.) (C, K A) Modified text of docket entry on 10/18/2004 (B, B). (Entered: 10/08/2004)
18 Joint Motion to Enter Consent Decree filed by all parties. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D)(Poulos, Peter) Modified text of docket entry on 8/4/2006 (B, B). (Entered: 08/03/2006)
19 Corporate Disclosure Statement filed by S & Z Tool & Die Co., Inc.. (Poulos, Peter) (Entered: 08/04/2006)
20 Consent decree of judgment. Signed by Judge Kathleen M. O'Malley on 8/15/06. (Attachments: # 1 Exhibit)(C, K A) (Entered: 08/17/2006)

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4/2/2007

 
 EEOC Settles Sex and Race Suit Against S & Z Tool & Die

http://www.eeoc.gov/press/8-25-06.html

EEOC SETTLES SEX AND RACE SUIT AGAINST S & Z TOOL & DIE
$940,000 Settlement To Be Shared Among Class of African Americans and Women Denied Hire
CLEVELAND � The U.S. Equal Employment Opportunity Commission (EEOC) announced Friday that it had resolved its lawsuit charging that S & Z Tool & Die Co. discriminated against African American and female applicants in hiring due to their race and sex.
The lawsuit (Case No. 1:03CV2023) was filed in September 2003 under Title VII of the 1964 Civil Rights Act and resolved by consent decree in the U.S. District Court for the Northern District of Ohio Eastern Division. The EEOC alleged that S & Z Tool & Die Company, a Cleveland-based metal manufacturing firm founded in 1943, engaged in a pattern and practice of refusing to hire female applicants for employment because of their sex, and black applicants because of their race. Molly Baron-Prodan and a class of other black and female applicants were denied hire into non-clerical entry-level positions such as laborer, or semi-skilled jobs such as machine operator.
The settlement provides $850,000 as monetary remedy to an estimated class of at least 20 women and black applicants who sought employment since 1999. Additionally, Baron-Prodan will receive an offer of employment and $90,000, which includes compensatory damages. Other provisions include annual EEO training to all supervisory and management employees and human resource employees, and the appointment of an EEO Coordinator.
EEOC Regional Attorney Jacqueline McNair said, �This settlement will ensure that African Americans and women will have equal opportunity to compete in the workplace based upon their knowledge, skills, and abilities on a level playing field. We are also pleased that the settlement provides for extensive EEO training for management and human resource staff.�
The EEOC is responsible for enforcing the federal laws prohibiting employment discrimination based on race, color, religion, sex, national origin, age, disability and retaliation. Further information about the EEOC is available on its web site at www.eeoc.gov.

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