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

STATES r P OWENT
OPPORTUNITY COMMISSION, Plaintiff,
V.
THE AMERICAN BOTTLING COMPANY, Defendant.

@. ~),...~

)

)

)

COMPLAINT

)

)

)

JURY DEMAND

)

)

NATURE OF THE ACTION

This is an action under Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C.

§2000e et seq. ("Title VII"), and Title I of the Civil Rights Act of 1991,42 U.S.C. § 1981 a, to correct

unlawful employment practices based on race and to provide appropriate relief to John L. Steele

("Steele") and a class of African-American employees who were adversely affected by such

practices. Defendant The American Bottling Company ("American Bottling Company" or

"Defendant") discriminated against Steele and a class of African-American employees because of

their race by maintaining a racially hostile and offensive work environmenDt.0~~

JURISDICTION AND VENUE

SEP 1 0 ?2003

1. Jurisdiction ofthis Court is invoked pursuant to 28 U.S.C. §9 451, 1331, 1337, i343

and 1345. This action is authorized and instituted pursuant to Section 706(f)(1) and (3) and Section

707(e) of Title VII, 42 U.S.C. § 2000e-5(f)(1) and (3) and §2000e-6(e).
2. The employment practices alleged to be unlawful were committed within the
/
jurisdiction of the United States District Court for the Northern District of Illinois, East~n Divis/n. /

PARTIES 3. Plaintiff, the Equal Employment Opportunity Commission (the "Commission"), is the agency of the United States of America charged with the administration, interpretation and enforcement of Title VII and is expressly autlaorized to bring this action by Section 706(f)(1) and (3) and Section 707(e) of Title VII, 42 U.S.C. § 2000e-5(f)(1) and (3) and §2000e-6(e). 4. At all relevant times, Defendant laas been continuously doing business in the City of Northlake, State of Illinois, and has continuously had at least fifteen (15) employees. 5. At all relevant times, Defendant has been an employer engaged in an industry affecting commerce within the meaning of Sections 70I(b), (g), and (h) of Title VII, 42 U.S.C. §§ 2000e-(b), (g), and (h).
STATEMENT OF CLAIMS 6. More than thirty (30) days prior to the institution of this lawsuit, Steele filed a charge with the Commission alleging violations of Title VII by American Bottling Company. All conditions precedent to the institution of this lawsuit against the Defendant have been fulfilled. 7. Since at least 1999, Defendant engaged in unlawful employment practices at its NorthIake, Illinois facility, in violation of Sections 703(a) of Title VII, 42 U.S.C. §§ 2000e-2(a). Such unlawful employment practices include, but are not limited to: A. Discriminating against Steele and other African-American employees because of
their race by subjecting them to harassment of a racial nature and creating and maintaining an abusive and hostile work enviromrtent. B. Creating and maintaining a racially hostile work environment by, among other things, permitting employee restrooms and lockers at the Northlake facility to remain
2

covered with racially offensive graffiti and by refusing to take effective action to remove such graffiti and prevent its recurrence. C. Discriminating against Steele by disciplining him because of his race. 8. From at least 1999 Defendant engaged in a pattern or practice of failing to remedy or correct the discrimination, racial harassment, and the hostile and offensive work environment referenced in Paragraph 7. 9. The effect of the aforementioned practices of Defendant has been to deprive Steele and a class of African-American employees of equal employment opportunities and otherwise adversely affect their status as employees because of their race. 10. The unlawful employment practices complained of in Paragraphs 7 and 8 above were and are intentional. 11. The unlawful employment practices complained of in Paragraphs 7 and 8 above were and are done with malice or with reckless indifference to the federally protected rights of Steele and other African-American employees of the Defendant.
PRAYER FOR RELIEF WHEREFORE, the Commission respectfully requests that this Court: A. grant a permanent inj unction enjoining The American Bottling Company, its officers, successors, assigns, and all persons in active concert or participation with them, from engaging in any employment practice which discriminates on the basis of race or which constitutes racial harassment; B. order Defendant to institute and carry out policies, practices and programs which provide equal employment opportunities regardless of race and which eradicate the effects of its
3

unlawful employment practices; C. order Defendant to make whole Steele and a class of African-American employees
by providing compensation for past and future pecuniary losses resulting from the unlawful employment practices described in Paragraphs 7 and 8 above, in amounts to be determined at trial;
D. order Defendant to make whole Steele and a class of African-American employees by providing compensation for past and future nonpecuniary losses resulting from the unlawful practices complained of in Paragraphs 7 and 8 above, including emotional pain, suffering, and humiliation, in amounts to be determined at trial;
E. order Defendant to pay to Steele and a class of African-American employees punitive damages for its malicious and reckless conduct, as described in Paragraphs 7 and 8 above, in amounts to be determined at triaI;
F. grant such further relief as the Court deems necessary and proper in the public interest; and
G. award the Commission its costs in this action.

JURY TRIAL DEMAND

The Commission requests a jury trial on all questions of fact raised by the Complaint.

Respectfully submitted,

Eric S. Dreiband General. Counsel

James Lee Deputy General Counsel

Gwendolyn Young Reams Associate General Counsel

Equal Employment Opportunity

CommisSion

¯

to .

Supervisory Trial Attorney
~a~nne B. Gzrom~a~.-d v, - .. Trial Attorney
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Chicago District Office 500 West Madison Street Suite 2800 Chicago, Illinois 60661 (312) 353-7546
5

JUDGE HARTNOUNRTnrHrEoRSNTATES-DISTORFICT COURT

This automated JS-44 conforms generally to the mamta~ JS-44 approved by the Judicial Conference of the United States in September 1974. The data is required for the use of the Clerk of Court for the purpose of initiating the civil docket sheet. The information contained herein neither replaces nor supplements the filing and service of pleadings or other papers as required by law. This form is authorized for use 9n_ly in the Northern District of Illinois.

Plaintiff(s): U.S. EQUAL EMPLOYMENT Defendant(s):THE AMERICAN BOTTLING

OPPORTUNITY COMMISSION

COMPANY

County of Residence:

County of Residence:

Plaintiffs Atty: Jeanne B. Szromba

Defendant’s Atty:

Equal Employment Opportunity

Commission

500 W. Madison, Suite 2800,

Chicago, IL 60661

312-353-7546

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

l_I_I_.jGi_tiz_e_n_ship of Pri_n.~ip.a__l. Parties (Diversity Cases Only)
Plaintiff:- N/A Defendant:- N/A

1. Original Proceeding

V~ Nat._e,_ o_f~Suit:

442 Employment

VI.Cause of Action:

Under Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e et seq. ("Title VII"), and Title I of the Civil Rights

Act of 1991, 42 U.S.C. § 1981a, to correct the unlawful employment practices based on race.

_V., II.~._R_e__quested in Complaint

Class Action:

Dollar Demand:

Jury Demand: Yes

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

http://www.ilnd.uscourts.gov/PUBLIC/Forms/auto_js44.cfm

9/9/03

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF ILLINOIS

In the Matter of

EASTERN DIVISION MAGISTRATE

Equal Employment Opportunity Commission v.

The American Bottling Company

~,: ~ ff~Ia:[s(.e~ Nurnber:

APPEARANCES ARE HEREBY FILED BY THE UNDERSIGNED AS ATTORNEY(S) FOR ~,:;

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

tT, )
r / [_~.i.

(A)

NAME je~/2;" Szr;mba O

t

Equal Employment Opportunity Commission FIIU~ Equal Employment Opportunity Commission

ST~ETAOO~ 500 W. Madison, Suite 2800

~TRE~TAOD,~S~ 500 W. Madison, Suite 2800

CITY/STATE/ZIP
Chicago, IL 60661

TELEPHONE NUMBER
312-353-7546

I FAX NUMBER
312-353-8555

E-MAIL ADDRESS j eanne.szromba@eeoc.gov

IDENTIFICATION NUMBER (SEE ITEM 4 ON REVERSE)
ARDC No. 06207846

MEMBER OF TRIAL BAR?

VES []

NO

[]

CITY/STATE~IP
Chicago, IL 60661

TELEPHONE NUMBER
312-353-7582

FAX NUMBER
312-353-8555

E-MAIL ADDRESS no elIe.brennan@eeoc, gov

|°ENT[F]CATION NUMEER (SEE ITEM 4 ON REVERSE)
ARDC No. 06228901

MEMBER OF TRIAL BAR?

YES

[]

NO []

TRIAL ATTORNEY?

YES

[]

NO []

DF~IGNATED AS LOCAL COUNSEL? SIGNATURE

YES

[]

(D)

NO []

~a C. It~ff~rickson ~al Employment Opportunity Commission

500 W. Madison, Suite 2800
S ~.~7 SC ITY/ST~T E/Z i p
Chicago, IL 60661

TELEPHONE N UMBER

FAX NUMBER

312-353-8551

312-353-8555

~MA,L~DR~ john.hendrickson@eeoc.gov

IDENTIFICATION NUMBER (SEE ITEM 4 On REVERSE) ARDC No. 01187589

MEMBER OF TRIAL BAR?

’YES []

NO

[]

"fRIAL A’FFORNEY?

YES []

NO

[]

DF~IGNATE D AS LOCAL COUNSEL?

NAME

FI Pdv[ STREBT ADDRESS

SIP I 0 2r~n’~

~ ....

~"

CITY/STATE/ZIP

TELEPHONE NUMBER E.MAIL ADDRESS

FAX NUMBER

IDENTIFICATION NUMBER (SEE ITEM 4 ON REVERSE)

MEMBER OF TRIAL BAR? TPdAL AI~ORNEY? DESIGNATED AS LOCAL COUNSEL?

\~.t[] ,~o []

 
 CM/ECF LIVE, Ver 3.0 - U.S. District Court, Northern Illinois - Docket... https://ecf.ilnd.uscourts.gov/cgi-bin/DktRpt.pl?554465781950074-L_35...
BOBRICK, TERMED
United States District Court Northern District of Illinois - CM/ECF LIVE, Ver 3.0 (Chicago)
CIVIL DOCKET FOR CASE #: 1:03-cv-06365

EEOC v. Amer Bottling Co Assigned to: Honorable William T. Hart Demand: $0 Cause: 42:1981 Civil Rights Plaintiff Equal Employment Opportunity Commission
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Date Filed: 09/10/2003 Date Terminated: 12/01/2004 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff
represented by Jeanne B. Szromba United States Equal Employment Opportunity Commission 500 West Madison Street Suite 2800 Chicago, IL 60661 (312) 353-7546 Email: jeanne.szromba@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED
Diane Ilene Smason United States Equal Employment Opportunity Commission 500 West Madison Street Suite 2800 Chicago, IL 60661 (312) 353-7568 Email: diane.smason@eeoc.gov ATTORNEY TO BE NOTICED
John C. Hendrickson United States Equal Employment Opportunity Commission 500 West Madison Street Suite 2800 Chicago, IL 60661 (312) 353-8551 Fax: (312) 353-8555 Email: john.hendrickson@eeoc.gov ATTORNEY TO BE NOTICED
Noelle Christine Brennan Brennan & Monte, Ltd. 20 South Clark Street Suite 1530
5/21/2007 9:12 AM

CM/ECF LIVE, Ver 3.0 - U.S. District Court, Northern Illinois - Docket... https://ecf.ilnd.uscourts.gov/cgi-bin/DktRpt.pl?554465781950074-L_35...

V. Defendant American Bottling Company, The

Chicago, IL 60603 (312) 422-0001 Email: nbrennan@brennan-monte.com TERMINATED: 12/10/2003
represented by Elizabeth A McDuffie Gonzalez, Saggio & Harlan LLP 208 South LaSalle Street #1460 Chicago, IL 60604 (312)236-0475 Email: liz_mcduffie@gshllp.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jerry Duane Brown Gonzalez, Saggio & Harlan LLP 208 South LaSalle Street #1460 Chicago, IL 60604 (312)236-0475 Email: jdb4463@runbox.com ATTORNEY TO BE NOTICED

Date Filed 07/20/2003 09/10/2003
10/17/2003 11/06/2003 11/06/2003 11/12/2003

#

Docket Text

20 MOTION by plaintiff EEOC to compel discovery responses (Attachments); Notice. (jmp) (Entered: 07/30/2004)
1 COMPLAINT; jury demand - Civil cover sheet - Appearance(s) of Jeanne B. Szromba, Noelle Christine Brennan, John C. Hendrickson as attorney(s) for plaintiff ( No summons(es) issued.) ( Documents: 1-1 through 1-3) (jmp) (Entered: 09/10/2003)
2 WAIVER of service of summons as to defendant sent on 09/10/03. (jmp) (Entered: 10/20/2003)
3 ATTORNEY APPEARANCE for defendant by Elizabeth A McDuffie, and Jerry Duane Brown. (jmp) (Entered: 11/06/2003)
4 AGREED MOTION by defendant for extension to serve its responsive pleading ; Notice of agreed motion; Notice of filing and Certificate of Service. (jmp) (Entered: 11/13/2003)
5 MINUTE ORDER of 11/12/03 by Hon. William T. Hart : Status hearing set for 11:00 a.m. on 12/10/03. Defendant's agreed motion for extension to serve its responsive pleading to 12/02/03 is granted [4-1]. Mailed notice (jmp) (Entered:

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12/02/2003 12/02/2003 12/03/2003 12/10/2003
03/09/2004 03/17/2004
04/14/2004 04/21/2004
05/13/2004 05/19/2004
06/04/2004 06/04/2004 06/21/2004 06/23/2004
06/30/2004

11/13/2003)
6 ANSWER and affirmative defenses by defendant to plaintiff's complaint [1-1]; Notice. (jmp) (Entered: 12/05/2003)
7 CORPORATE DISCLOSURE by defendant (jmp) (Entered: 12/05/2003)
8 MOTION by plaintiff to withdraw attorney appearance of Noelle C. Brennan ; Notice. (jmp) Modified on 12/10/2003 (Entered: 12/10/2003)
9 MINUTE ORDER of 12/10/03 by Hon. William T. Hart : Status hearing held and continued to 11:00 a.m. on 03/17/04. Plaintiff's withdrawal of the appearance of Noelle C. Brennan as one of the attorneys for plaintiff is granted [8-1]. Discovery is to be completed by 03/31/04. Mailed notice (jmp) (Entered: 12/11/2003)
10 JOINT MOTION by plaintiff to extend discovery closure date ; Notice of filing and Certificate of Service. (jmp) (Entered: 03/18/2004)
11 MINUTE ORDER of 3/17/04 by Hon. William T. Hart : Status hearing held and continued to 11:00 a.m. on 05/05/04. Joint motion to extend discovery closure date is granted [10-1]. Discovery extended to 04/30/04. Mailed notice (jmp) (Entered: 03/18/2004)
12 JOINT MOTION by plaintiff to extend discovery closure date ; Notice. (jmp) (Entered: 04/22/2004)
13 MINUTE ORDER of 4/21/04 by Hon. William T. Hart : Status hearing reset to 11:00 a.m. on 06/02/04. Joint motion to extend discovery closure date since parties have been trying to resolve this case is granted [12-1]. Discovery is extended to 06/01/04. Mailed notice (jmp) (Entered: 04/22/2004)
14 JOINT MOTION by plaintiff and defendant to extend discovery closure date ; Notice. (jmp) (Entered: 05/20/2004)
15 MINUTE ORDER of 5/19/04 by Hon. William T. Hart : Status hearing reset to 11:00 a.m. on 06/16/04 . i Joint motion to extend discovery closure date is granted [14-1]. Discovery extended to 07/06/04. Mailed notice (jmp) (Entered: 05/20/2004)
SCHEDULE set on 6/4/04 by Hon. William T. Hart : Status hearing reset to 11:00 6/24/04 . Mailed notice (clw) (Entered: 06/04/2004)
SCHEDULE set on 6/4/04 by Hon. William T. Hart : Status hearing reset to 11:00 6/23/04 . Mailed notice (clw) (Entered: 06/04/2004)
16 MOTION by plaintiff EEOC to compel discovery responses ; Notice. (jmp) (Entered: 06/24/2004)
17 MINUTE ORDER of 6/23/04 by Hon. William T. Hart: Status hearing held. Plaintiff's motion to compel discovery responses [16-1] is continued to 11:00 a.m. on 06/30/04. No notice (jmp) Modified on 06/24/2004 (Entered: 06/24/2004)
18 MINUTE ORDER of 6/30/04 by Hon. William T. Hart : Status hearing set for 11:00 a.m. on 09/08/04. Plaintiff's motion to compel discovery responses is granted [16-1], subject to a protective order. Discovery is extended to 08/31/04.

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CM/ECF LIVE, Ver 3.0 - U.S. District Court, Northern Illinois - Docket... https://ecf.ilnd.uscourts.gov/cgi-bin/DktRpt.pl?554465781950074-L_35...

07/20/2004 07/28/2004
08/06/2004 08/13/2004 08/18/2004
09/15/2004
09/22/2004 11/16/2004 11/24/2004 12/01/2004

Mailed notice (jmp) (Entered: 07/01/2004)
19 ATTORNEY APPEARANCE for plaintiff by Diane Ilene Smason. (air) (Entered: 07/21/2004)
21 MINUTE ORDER of 7/28/04 by Hon. William T. Hart : Plaintiff's motion to compel discovery responses is granted [20-1], defendant to comply by 08/25/04. Discovery is extended to 10/13/04. Mailed notice by judge's staff (jmp) (Entered: 07/30/2004)
22 MOTION by defendant Amer Bottling Co for clarification of Judge's order regarding plaintiff's motion to compel discovery ; Notice. (jmp) Modified on 08/19/2004 (Entered: 08/19/2004)
23 JOINT MOTION by plaintiff and defendant to stay proceedings pending settlement resolution ; Notice. (jmp) Modified on 08/19/2004 (Entered: 08/19/2004)
24 MINUTE ORDER of 8/18/04 by Hon. William T. Hart : Status hearing reset for 11:00 a.m. on 09/15/2004. Joint motion to stay proceedings pending settlement resolution is granted [22-1]. Defendant's motion for clarification of Judge's order regarding plaintiff's motion to compel discovery [22-1] is continued to 11:00 a.m. on 09/15/04. Mailed notice (jmp) (Entered: 08/19/2004)
25 MINUTE ORDER of 9/15/04 by Hon. William T. Hart : Status hearing re-set for 11:00 a.m. on 09/22/04. Defendant's motion for clarification of Judge's order regarding plaintiff's motion to compel discovery [22-1] is continued to 11:00 a.m. on 09/22/04. Mailed notice (jmp) (Entered: 09/17/2004)
26 MINUTE ORDER of 9/22/04 by Hon. William T. Hart : Status hearing held. Defendant's motion for clarification of Judge's order regarding plaintiff's motion to compel discovery [22-1] is moot. No notice (jmp) (Entered: 09/23/2004)
27 NOTICE by defendant Amer Bottling Co of filing and Certificate of Service regarding Consent Decree. (jmp) (Entered: 12/02/2004)
28 NOTICE by defendant Amer Bottling Co of filing and Certificate of Service regarding Consent Decree Addendum. (jmp) (Entered: 12/02/2004)
29 MINUTE ORDER of 12/1/04 by Hon. William T. Hart : The parties have agreed that this action be re solved by entry of a consent decree; each party to the consent decree shall bear its own expenses, costs and attorneys' fees. Court retains jurisdiction to enforce the consent decree for a period of two years. (Entered Consent Decree. Entered Consent Decree Addendum). terminating case Mailed notice by judge's staff (jmp) (Entered: 12/02/2004)

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Description: Docket Report Search Criteria: 1:03-cv-06365

Billable Pages: 3

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 Hil\\ l~ Ord~1 I:orm ( 197)
-~

United States District Court, Northern District of Illinois

--" . I~am' of Assiglle~ Ju~ge 01' Magistrate Judge

William T. Hart

Sitting Judge if Other lhan Assigned Judge

CASE NUMBER

03 C 6365

DATE

1211/2004

CASE TITLE
MOTION:

Equal Employment Opportunity Commission vs. The American Bottling Company
..
[In the followlIlg box (a) IIldlcate thc party filing the motion, e.g., plamtltf, defendant, 3rd party plallltlff, and (b) state bncfly the nature of the motion being presentcd.]

DOCKET ENTRY:

( I) o

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

(2) o

Brief in support of motion due ___.

(3) o

Answer brief to motion due_ _ _. Reply to answer brief due_ _ _.

(4) o

Ruling/Hearing on _ _ _ set for _ _ _ at ___.

(5) o

Status hearing[held/continued to] [set for/re-set for] on ___ set for ___ at _ __

(6) o

Pretrial conference[held/continued to] [set for/re-set for] on ___ set for _ _ _ at _ _ _.

(7) o

Trial[set for/re-set for] on ___ at ___.

(8) o

[Bench/Jury trial] [Hearing] held/continued to ___ at ___.

(9) o

This case is dismissed [with/without] prejudice and without costs[by/agreement/pursuant to]
o FRCP4(m) 0 Local Rule 41.1 0 FRCP41(a)(l) 0 FRCP41(a)(2).

(10) •

[Other docket entry] The parties have agreed that this action be resolved by entry of a consent

decree; each party to the consent decree shall bear its own expenses, costs and attorneys' fees. Court

retains jurisdiction to enforce the consent decree for a period oftwo years. Enter Consent Decree. Enter

Consent Decree Addendum .

• (11 )

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

-
7- " -
J-J--

No notices requircd, advised in open court. No notices requircd. Notices mailed by judge's slaff. Notiticd counsel by telephone. Docketing to mail notices. Mail AO 450 torm. Copy to judge/magistrate judge.

number ofn.wia'l.
D~CO'l LU-
date dockcte~
C~lh,Y~ U 12/<1200'

courtroom

cw

deputy's

initials

"o~te/liU1lf.rec.c{\;,~~ in
central Clcrk's Office

date mailed notice
cw
mailill!! deputy initials

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

EQUAL EMPLOYMENT OPPORTUNITY )

COMMISSION,

)

)

Plaintiff,

)

v.

)

)

THE AMERICAN BOTTLING COMPANY, )

)

Defendant.

)

)

CIVIL ACTION NO. 03 C 6365
JUDGE HART MAGISTRATE JUDGE BOBRICK
DOCKETED

CONSENT DECREE

DEC 2 2004

THE LITIGATION

:''-::

I":)

1.

Plaintiff

Equal

Employment

Opportunity

Commission

(the

"EEOC")

filed ~,.-'

i.h.~i~s

(',:-

:,l.-

~

~j:Jion alleging that since at least 1999, Defendant, The American Bottling Company",

C,,_,'_

"

•

• _'

!-,;"."

~.:S'~~
~0 ;::::
;j~~::)

.

c.\ -_'"

("pefe;ndant" or "the Company"), violated Section 703(a) ofTitie VII ofthe Civil Righl~ Act'of Cl

. •

L,',; ~.

1964,

as

amended

("Title

vrq,

42

U.S.C.

§

2000e-2(a),

by

discriminating

against

~ \ ! c.:>
Charging

Party John Steele and a class of African-American employees because of their race. Specifically,

the EEOC alleged that Defendant, at its Northlake, Illinois production facility, violated Title VII

by maintaining a racially hostile and offensive work environment and by discriminating against

John Steele. The Company denies these allegations.

2. In the interest of resolving this matter, and as a result of having engaged in

comprehensive settlement negotiations, the parties have agreed that this action should be finally

resolved by entry of this Consent Decree (hereafter "Decree"). This Decree fully and finally

resolves any and all issues and claims arising out of the Complaint filed by the EEOC in Civil

Action No. 03 C 6365. Nothing in this Decree should be construed as an admission by any party

regarding either liability or non-liability. FINDINGS
3. Having carefully examined the terms and provisions of this Decree, and based on the pleadings, record, and stipulations of the parties, the Court finds the following:
a. This Court has jurisdiction of the subject matter of this action and of the parties.
b. The terms of this Decree are adequate, fair, reasonable, equitable, and just. The rights of the parties, the EEOC claimants, and the public interest are adequately protected by this Decree.
c. This Decree conforms with the Federal Rules of Civil Procedure and Title VII and is not in derogation of the rights or privileges of any person. The entry of this Decree will further the objectives of Title VII and will be in the best interests of the parties, the EEOC claimants, and the public.
NOW, THEREFORE, IT IS ORDERED, ADJUDGED AND DECREED THAT: NON-DISCRIMINATION
4. The Company, its officers, agents (including management personnel), successors, and assigns are enjoined from discriminating in the future on the basis of race. Nothing in this decree shall be construed as placing any obligation on any individual except in their capacity as an officer or agent of the Company. Also, nothing in this Decree shall be construed to mean that Title VII or this Decree imposes individual liability on officers, agents, or management personnel of the Company.
5. The Company shall ensure that an inspection for racial graffiti is made on a
2

weekly basis at its Northlake, Illinois production facility. Any racial graffiti or other racially derogatory images discovered or brought to the attention of the Company supervisors or other managers personally or in writing by any of its employees shall be removed or obliterated within twenty-four hours. Swastikas, references to the Ku Klux Klan, the Klan, KKK (collectively "KKK"), are racial graffiti to be dealt with by Defendant in accordance with this paragraph and Paragraph 10 below. Any racial graffiti or other racially derogatory images discovered or brought to the attention of a supervisor shall be immediately reported by the supervisor to his/her immediate supervisor or to the Human Resources Manager.
NON-RETALIATION 6. The Company, its officers, agents, employees, successors, assigns and all persons acting in concert with it shall not engage in any form of retaliation against any person because such person has opposed any practice made unlawful under Title VII, filed a Charge of Discrimination under Title VII, testified or participated in any manner in any investigation, proceeding, or hearing under Title VII, or asserted any rights under this Decree. Nothing in this Decree shall be construed as placing any obligation on any individual except in their capacity as an officer or agent of the Company. Also, nothing in this Decree shall be construed to mean that Title VII or this Decree imposes individual liability on officers, agents, or any employees of the Company.
MONETARY RELIEF 7. The Company shall pay the gross sum of eighty thousand dollars ($80,000) to be distributed as follows: a. The Company shall pay a total of$30,000 to the Charging Party in this case, John
3

Steele, inclusive of attorneys fees and costs. This amount shall be distributed in a manner and on terms separately agreed to by Defendant and by Owens & Robinson on behalf of John Steele;
b. The Company shall pay a total of $1 0,000 each to the remaining claimants for whom EEOC seeks relief: Willie Rich, Jr., Donald Wilson, Ronald Hadley, James Lewis, and Fred Van.
c. None of the money shall be considered compensation for lost wages, so no withholdings shall be made from the monetary amount. The Company will issue IRS Form 1099's with respect to the money paid. The division of the total amount among the claimants has been at the sole discretion of the EEOC. The Company had no part in determining how the monetary relief was divided among the claimants.
8. Payment shall be made in the following manner: a. Within five (5) business days after receipt by the Company of a Release
Agreement in the format of Exhibit A from a claimant, the Company shall issue and mail by certified mail to each EEOC claimant, a certified or cashier's check payable to the order of such claimant at the addresses indicated in Exhibits A and B, in settlement for damages claimed in this case by the EEOC, with a copy to the EEOC. In the event that a check is deemed undeliverable, the Company shall advise the EEOC. The EEOC shall then have an additional sixty (60) days to provide an alternative address for the mailing of such check. If a check remains undeliverable, then the Company shall issue a check in the same amount to the United Negro College Fund. Upon issuance of any such check to the United Negro College Fund, the Company shall be released from all obligations under this Decree to make any payment to such claimant, as if such claimant had signed the Release Agreement (Exhibit A), and the right of such claimant to receive
4

any monetary or other relief under this Decree shall be extinguished and forever barred. No portion of the monetary relief provided for by this Decree shall revert to the Company.
b. Within five (5) business days after receipt of the agreed upon Release Agreement from John Steele, the Company shall issue and mail a certified or cashier's check(s) to the law firm of Owens & Robinson in the amount directed by the law firm but the total amount provided to John Steele and his attorneys shall not exceed the amount listed in Paragraph 7a.
POSTING OF NOTICE 9. Within ten (10) business days after entry of this Decree, the Company shall post same-sized copies of the Notice attached as Exhibit C to this Decree on the bulletin board by the timeclock in the production warehouse at its Northlake, Illinois production facility. The Notice shall remain posted for two (2) years from the date of entry of this Decree. The Company shall take all reasonable steps to ensure that the posting is not altered, defaced or covered by any other material. The Company shall certify to the EEOC in writing within ten (10) business days after entry of the Decree that the Notice has been properly posted. The Company shall permit a representative of the EEOC to enter the Company's premises at the Northlake, Illinois production facility for the sole purpose of verifying compliance with this Paragraph at any time during normal business hours without prior notice.
RECORD KEEPING 10. For a period of two (2) years following entry of this Decree, the Company shall maintain and make available for inspection and copying by the EEOC records of each complaint of graffiti or of any racial incident occurring in its Northlake, Illinois production facility. Such report shall indicate the date the complaint was made, who made it, what was alleged, and what
5

actions the Defendant took to resolve the matter. The Defendant shall also make records of all actions it takes to prevent racial incidents or graffiti in its Northlake, Illinois production facility during the duration of this Decree.
11. The Company shall make all documents or records referred to in Paragraph 10, above, available for inspection and copying within ten (10) business days after the EEOC so requests. In addition, the Company shall make available for interview all persons within its employ at the Northlake, Illinois production facility whom the EEOC reasonably requests for purposes ofverifying compliance with this Decree and shall permit a representative ofthe EEOC to enter the Company's premises at its Northlake, Illinois production facility for such purposes on five (5) business days advance notice by the EEOC.
12. Nothing contained in this Decree shall be construed to limit any obligation the Company may otherwise have to maintain records under Title VII or any other law or regulation.
REPORTING 13. The Company shall furnish to the EEOC the following written reports semiannually for a period of two (2) years following entry of this Decree. The first report shall be due six (6) months after entry ofthe Decree. The final report shall be due twenty-four (24) months after entry of the Decree. Each such report shall contain:
a. A summary of the information recorded by the Company pursuant to Paragraph 5, including the location, date, and time of the reappearance of any racially offensive graffiti at the Northlake, Illinois production facility, and the actions taken by the Company, including any discipline given;
b. A summary of the information recorded by the Company pursuant to
6

Paragraph 10, including the name of the complainant, the allegation of the complaint and the action taken by Defendant in response; and,
c. A certification by the Company that the Notice required to be posted in Paragraph 9, above, remained posted during the entire six (6) month period preceding the report.
ADOPTION AND DISTRIBUTION OF POLICY AGAINST RACIAL HARASSMENT
14. Within fourteen (14) working days after the entry of this Decree, the Company shaH adopt and distribute to all employees at the Northlake, Illinois production facility a policy against racial harassment ("the Policy"). The Company shall also provide a copy of the Policy to the EEOC. The Policy shall specifically prohibit racial insults and graffiti (including racially derogatory terms, swastikas, and references to the KKK). It shall provide that complaints of racial harassment may be made to any person in the chain of command above an employee or directly to the Plant Manager or to the Director of Human Resources. It shall not require employees to complain of harassment to a person against whom they allege harassment. It shall provide that employees who violate the policy are subject to discipline up to and including discharge. The Company shall forward the Policy to the EEOC within three (3) business days after distribution.
15. A copy of the Policy shall be distributed to each new temporary employee on the day the person is hired as a temporary employee either directly by the Company or through a temporary agency. In addition if an employee is first hired as a permanent employee at the Northlake, Illinois production facility a copy of the Policy shall be given to himlher on the date of hire. Copies of the Policy shall also be posted on the bulletin boards customarily used for
7

posting notices from management to employees. TRAINING
16. Defendant shall provide training on the requirements of Title VII on the following terms:
a. William M. Nelson, Senior Vice President, General Counsel will provide training with respect to racial harassment and with respect to the Policy implemented pursuant to Paragraph 14 above to the managers at the Northlake, Illinois production facility. The managers at the Northlake, Illinois production facility will provide training to the other employees at the Northlake, Illinois production facility.
b. The training will be provided to all the Company employees, including temporary employees employed at the time of the training at the Northlake, Illinois production facility. A registry of attendance shall be retained by the Company for the duration of the Consent Decree.
c. The Company shall first provide training in accordance with Paragraph 16(a) within ninety (90) calendar days of the entry of this Consent Decree. The Company shall then also provide such training on at least one occasion in calendar year 2005 and on at least one occasion in the year 2006 by October 31, 2006.
17. The Company agrees to provide the EEOC with any and all copies of pamphlets, brochures, outlines or other written materials provided to the participants of the training sessions.
18. The Company shall certify to the EEOC in writing with five (5) business days after the trainings have occurred that the training has taken place and that the required personnel have attended. Such certification shall include: (i) the dates, location and duration of the
8

trainings; (ii) a copy ofthe registry of attendance, which shall include the name and position of each person in attendance; and (iii) a listing of all current employees, including temporary employees, as of the date of the training at the Northlake, Illinois production facility.
DISPUTE RESOLUTION 19. In the event that either party to this Decree believes that the other party has failed to comply with any provision(s) of the Decree, the complaining party shall notify the other party ofthe alleged non-compliance within ninety (90) days of the alleged non-compliance and shall afford the alleged non-complying party ten (10) business days to remedy the non-compliance or to satisfy the complaining party that the alleged non-complying party has complied. If the alleged non-complying party has not remedied the alleged non-compliance or satisfied the complaining party that it has complied within ten (10) business days, the complaining party may apply to the Court for appropriate relief.
DURATION OF THE DECREE AND RETENTION OF JURISDICTION 20. All provisions of this Decree shall be in effect (and the Court will retain jurisdiction of this matter to enforce this Decree) for a period of two (2) years immediately following entry of the Decree, provided, however, that if, at the end of the two (2) year period, any disputes under Paragraph 19, above, remain unresolved, the terms of the Decree shall be automatically extended (and the Court will retain jurisdiction ofthis matter to enforce the Decree) until such time as all such disputes have been resolved.
MISCELLANEOUS PROVISIONS 21. Each party to this Decree shall bear its own expenses, costs and attorneys' fees. 22. The terms of this Decree are and shall be binding upon the present and future
9

representatives, agents, directors, officers, assigns, and successors of the Company in their capacities as representatives, agents, directors and officers of the Company, and not in their individual capacities. Nothing in this Decree shall be construed to mean that Title VII or this Decree imposes individual liability on present or future officers, agents, directors, or representatives of the Company.
23. When this Decree requires the submission by the Company ofreports, certifications, notices, or other materials to the EEOC, they shall be mailed to: The American Bottling Company Settlement, clo Jeanne Szromba, Trial Attorney, Equal Employment Opportunity Commission, 500 West Madison Street, Suite 2800, Chicago, Illinois, 60661. When this Decree requires submission by the EEOC of materials to The American Bottling Company, they shall be mailed to: Elizabeth A. McDuffie, Esq., Gonzalez, Saggio & Harlan, L.L.P., 208 South LaSalle Street, Suite 1460, Chicago, IL 60604.
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For the EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
1801 L Street, N.W. Washington, D.C. 20507
Eric Dreiband General Counsel
James Lee Deputy General Counsel
Gwendolyn Young Reams Associate General Counsel

For The American Bottling Company:

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
500 West Madison Street Suite 2800

Diane 1. Smason Supervisory Trial Attorney

/ ..
The onorable William T. Hart United States District Judge

DATE: 11

EXHIBIT A
RELEASE AGREEMENT
I, xxxxxxyxxx, for and in consideration ofthe sum of$XXXOOO.OO, payable to me
pursuant to the terms of the Consent Decree entered by the Court in EEOC v. The American Bottling Co., No. 03 C 6365 (N.D. I\l.), on behalf of myself, my heirs, assigns, executors, and agents, do hereby forever release, waive, remise, acquit, and discharge The American Bottling Company ("the Company"), and all past and present shareholders, officers, agents, employees, and representatives of the Company, as well as all successors and assigns of the Company, from any and all claims and causes of action of any kind which I now have or ever have had under Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e et seq., as a result of or arising from the subject matter and claims which were or which could have been asserted in EEOC v. The American Bottling Company, No. 03 C 6365 (N.D.Ill.).

Date

XXXXXXYXXX

12

_ _ _ _ _ _ _ _, 2004
XXXXXXXXXXX XXXXXXXXXXX XXXXX,XXXXX

EXHIBITB

Re: EEOC v. The American Bottling Co., No. 03 C 6365 (N.D. I\l.)

Dear Mr. XXXXXXXXX:

A Consent Decree resolving the above-referenced lawsuit was signed by the parties and

entered by the Court on

,2004. Pursuant to the terms of the Consent Decree,

enclosed you will find a copy of a Release to be signed by you.

In order to obtain any monetary relief under the Consent Decree in this case, you must sign the Release and return it to me. Please mail the signed Release to me as soon as possible at the following address:

Jeanne B. Szromba Equal Employment Opportunity Commission 500 West Madison Street Suite 2800 Chicago, Illinois 60661

I have enclosed a pre-addressed envelope for your convenience. You may, of course, . wish to make and keep a copy of the signed Release for your own records.

If you have any questions about the Release or cannot sign and return the enclosed documents within seven days, please contact me at (312) 353-7546.

Sincerely,

Encls.

Jeanne B. Szromba Trial Attorney
13

EXHIBITC NOTICE TO ALL AMERICAN BOTTLING COMPANY EMPLOYEES
This Notice is being posted pursuant to a Consent Decree entered by the federal court in EEOC v. The American Bottling Co., No. 03 C 6365 (N.D. Ill.), resolving a lawsuit filed by the Equal Employment Opportunity Commission ("EEOC") against The American Bottling Company, ("the Company"). In its suit, the EEOC alleged in part that the Company fostered or tolerated a racially hostile working environment at its Northlake, Illinois production facility in violation of Title VII ofthe Civil Rights Act of 1964 ("Title VII"). The Company denies these allegations.
To resolve the case, the Company and the EEOC have entered in to a Consent Decree which provided, among other things, that:
I) the Company paid monetary relief to certain current and former employees;
2) the Company will not discriminate on the basis of race and will remove any racial graffiti if it should appear;
3) the Company will not retaliate against any person because he/she opposed any practice made unlawful by Title VII, filed a Title VII charge of discrimination, participated in any Title VII proceeding, or asserted any rights under the Consent Decree;
4) the Company will adopt and distribute to all employees at its Northlake, Illinois production facility a policy against racial harassment and will train all its employees at its Northlake, Illinois production facility regarding racial harassment and its policy.
The EEOC enforces the federal laws against discrimination in employment on the basis of race, color, religion, national origin, sex, age or disability. If you believe you have been discriminated against, you may contact thy .EEOC at (312) 353-8195. The EEOC charges no fees and has employees who speak languages other than English. If you believe you have been discriminated against you may contact the EEOC.
THIS IS AN OFFICIAL NOTICE AND MUST NOT BE DEFACED BY ANYONE
This Notice must remain posted for two years from the date below and must not be altered, defaced or covered by any other material. Any questions about this Notice or compliance with its terms may be directed to: the Company Settlement, EEOC 500 West Madison Street, Suite 2800, Chicago, Illinois 60661.

Date

The Honorable William T. Hart District Judge
14

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

EQUAL EMPLOYMENT OPPORTUNITY )

COMMISSION,

)

)

Plaintiff,

)

v.

)

)

THE AMERICAN BOTTLING COMPANY" )

)

Defendant.

)

)

CIVIL ACTION NO. 03 C 6365
JUDGE HART MAGISTRATE JUDGE BOBRICK

CONSENT DECREE ADDENDUM

MISCELLANEOUS PROVISIONS

24. If any provision(s) of the Decree are found to be unlawful, only such provision(s)

shall be severed, and the remainder of the Decree shall remain in full force and effect.

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

For The American Bottling Company:
1///- ~. 0/ VP. illiaID M. NiSoy' Senior Vice President and General Counsel 5950 Sherry Lane Suite 500 Dallas, TX 75225

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
500 West Madison Street Suite 280

e 1. Smason Supervisory Trial Attorney
~aMM?~ nne B. Szromba
. rial Attorney

The Honorable William T. Hart United States District Judge

2