IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff,
v.
CENTRAL CORPORATE CREDIT UNION,

Honorable 02-73913
Civil Action ~ANCY G. EDMUNDS
MAGISTRATE JUDGE CAPEL,
COMPLAINT AND JURY DEMAND

Defendant.

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NATURE OF THE ACTION

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Title VII of the Civil Rights Act of 1964, as amended, and Title I of ttie;x::.'€.i_v~ights

Act of 1991, to correct unlawful employment practices on the basis of disability

and to make whole Jacqueline Larkins ("Larkins").

The Equal Employment Opportunity Commission ("Commission") alleges that

Defendant, Central Corporate Credit Union ("CenCorp"), failed to accommodate

Larkins, a qualified individual with a disability (Cervical Spondylosis), and

discharged her from its Southfield, Michigan facility after a medical leave of

absence due to her disability. The Commission further alleges that Defendant

utilized an unlawful employment application.

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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 107(a) of the Americans With Disabilities Act of 1990 ("ADA"), 42 U.S.C. § 12117(a), which incorporates by reference Sections 706(f)(1) and (3) of Title VII of the Civil Rights Act of 1964, as amended ("Title VII"), 42 U.S.C. § § 2000e5(f)(1) and (3), Section 707(a) of Title VII, 42 U.S.C. § 2000e-6, and pursuant to Section 102 of Title I of the Civil Rights Act of 1991, as amended, 42 U.S.C. Section 1981 (A). 2. The employment practices hereafter alleged to be unlawful were and are now being committed in the Eastern District of Michigan, Southern Division.
PARTIES 3. Plaintiff, Equal Employment Opportunity Commission (the "Commission"), is an agency of the United States of America charged with the administration, interpretation and enforcement of Title I of the ADA and is expressly authorized to bring this action by Section 107(a) of the ADA, 42 U.S.C. § 12117(a), which incorporates by reference Sections 706(f)(1) of Title VII, 42 U.S.C.§ 2000e-5(f)(1), and by Section 707 of Title VII, 42 U.S.C. § 2000e-6. 4. At all relevant times, Defendant, Central Corporate Credit Union ("Employer" or "CenCorp"), has been doing business in the State of Michigan and the City of Southfield, and has continuously had and does now have at least
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twenty-five (25) employees.

5. At all relevant times the Defendant Employer has continuously been

engaged in an industry affecting commerce within the meaning of Section 101 (5)

of the ADA, 42 U.S.C. § 12111 (5), and Section 107(a) of the ADA, 42 U.S.C. §

12117(a), and Title VII, 42 U.S.C. § 2000e.

6. At all relevant times, Defendant Employer has been a covered entity

under Section 101 (2) of the ADA, 42 U.S.C. § 12111 (2) and under Section 701 (b)

of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e.

STATEMENT OF CLAIMS

7. More than thirty (30) days prior to the institution of this lawsuit,

Larkins filed a Charge of Discrimination with the Commission alleging violations of

Title I of the ADA by Defendant Employer. All conditions precedent to the

institution of this lawsuit have been fulfilled.

8. Since at least November, 2000, Defendant Employer has engaged in

unlawful employment practices in violation of the ADA, Sections 102(a), 102

(b)(5)(A) and 102(b)(5)(B), 42 U.S.C. §§ 12112(a), 12112 (b)(5)(A), and

12112(b)(5)(B), as well as Title VII, Section 707, 42 U.S.C. § § 2000e-6, at its

Southfield, Michigan facility. These practices include, but are not limited to:

a.

Defendant Employer's failure to provide Larkins the reasonable

accommodation of returning to work with a temporary restriction after a medical

leave of absence due to her disability;

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b. The subsequent discharge of Larkins because of her disability; and
c. The utilization of an employment application that contains waivers and limitations of rights that violate the Americans with Disabilities Act and Title VII of the Civil Rights Act of 1964, as amended.
9. Larkins is a qualified individual with a disability who was and is able to perform the essential functions of the Cash and Transit Specialist position with or without a reasonable accommodation.
10. The effect of the above-mentioned unlawful employment practices has been to deprive Larkins of equal employment opportunities, and to otherwise adversely affect her status as an employee because of her disability.
11. The above-mentioned unlawful employment practices were and are intentional.
12. The above-mentioned unlawful employment practices have been to cause Larkins to suffer a loss of enjoyment of life.
13. Defendant committed the above-mentioned unlawful employment practices with a reckless disregard for Larkins' federally protected rights.
PRAYER FOR RELIEF WHEREFORE, the Commission respectfully requests that this Court: A. GRANT a permanent injunction enjoining Defendant Employer, its officers, successors, assigns and all persons in active concert or participation with
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it, from engaging in any unlawful employment practices which discriminate on the basis of disability;
B. ORDER Defendant Employer to institute and carry out policies, practices and programs which provide equal employment opportunities to individuals with disabilities, and which eradicate the effects of its past and present unlawful employment practices;
C. ORDER Defendant Employer to provide training regarding the Americans with Disabilities Act, its prohibitions against disability discrimination and its accommodation requirements to all current and future employees at its Southfield, Michigan facility;
D. ORDER Defendant Employer to make whole Larkins by providing her with appropriate lost earnings and benefits, in amounts to be proven at trial, and other affirmative relief necessary to eradicate the effects of its unlawful employment practices;
E. ORDER Defendant Employer to pay Larkins for any past and future pecuniary and non-pecuniary losses resulting from the unlawful employment practices complained of in Paragraph 8, in amounts to be determined at trial;
F. ORDER Defendant Employer to pay Larkins punitive damages as a result of its reckless behavior, in an amount to be determined at trial;
G. ORDER Defendant Employer to pay Larkins nominal damages and other compensation as a result of its unlawful employment practices;
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H. and
J.

GRANT such further relief as the Court deems necessary and proper; GRANT the Commission its costs in this action.

Respectfully submitted,
NICHOLAS INZEO Acting Deputy General Counsel
GWENDOLYN YOUNG REAMS Associate General Counsel

Date

Regional Attorney
ROBERT K. DAWKINS (P38289) Supervisory Trial Attorney
DALE PRICE (P55578) Trial Attorney
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Detroit District Office Patrick V. McNamara Building 477 Michigan Avenue, Room 865 Detroit, Michigan 48226 (313) 226-7808

6

 
 CLOSED
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN
SOUTHERN DNISION

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,

Civil Action No.: 02-73913

Plaintiff,

Honorable Nancy G. Edmunds

v.
CENTRAL CORPORATE CREDIT UNION,

Magistrate Judge Capy~~lj t~ f: ~1-g, ~" !;,!~

Defendant.
------------------------~/

ADELE RAPPORT (P44833)

THOMAS BOWEN (P27618)

ROBERT K. DAWKINS (P38289)

BOWEN, RADABAUGH, MILTON &

DALE PRICE (P55578)

BROWN,P.C.

EQUAL EMPLOYMENT OPPORTUNITY

Attorneys for Defendant

COMMISSION

4967 Crooks Road, Suite 150 ,...'"

Attorneys for Plaintiff

Troy, Michigan 48098

477 Michigan Avenue, Room 865

(248) 641-8000

Detroit, Michigan 48226

(313) 226-7808

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SETTLEMENT AGREEMENT

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This Settlement Agreement and Order of Dismissal ("Agreement") is entered into this 30th

day of September, 2002 between Central Corporate Credit Union ("Defendant" or "CenCorp") and

the United States Equal Employment Opportunity Commission ("the "Commission").

WHEREAS, the Commission commenced this action on September 30,2002, Civil Action

No. 02-739l3, in the United States District Court for the Eastern District of Michigan, Southern

Division, alleging that the Defendant engaged in unlawful employment practices against Jacqueline

1

Larkins by discriminating against her on the basis of her disability, in violation of the Americans with Disabilities Act ("ADA") of 1990, as amended.
WHEREAS, as a result of settlement discussions, the Commission and the Defendants have resolved their differences and have now reached an agreement providing for a settlement of all issues in this action. This Agreement resolves any and all claims alleged against the Defendant or which might have been alleged by the Commission based on the charge of Jacqueline Larkins, Charge No. 230-AI-0899. The Commission shall dismiss the Lawsuit with prejudice and shall not sue Defendant for any claims raised or any claims that could have been raised by the Commission based on the charge of Jacqueline Larkins, Charge No. 230-AI-0899. All parties understand and agree that Jacqueline Larkins must execute a separate release before payment to her of the funds described in paragraph 8 hereof.
FINAL DISPOSITION
,.
1. This Agreement forever and absolutely resolves all matters, claims and issues for relief ofany kind and nature relating to the Charge of discrimination filed by Jacqueline Larkins on April 9, 2001 with the EEOC, being Charge No. 230-AI-0899 and all claims arising out of, or joined with, the issues raised by the Complaint in the above-captioned civil action between the parties to this lawsuit and their privies. This Agreement resolves any and all claims alleged against the Defendant or which might have been alleged by the Commission based on the charge of Jacqueline Larkins, Charge No. 230-AI-0899. The Commission shall dismiss the Lawsuit with prejudice and shall not sue Defendant for any claims raised or any claims that could have been raised by the Commission based on the charge ofJacqueline Larkins, Charge No. 230-AI-0899. All parties understand and agree
2

that Jacqueline Larkins must execute a separate release before payment to her of the funds described in paragraph 2 hereof.
MONETARY RELffiF 2. The EEOC and CenCorp stipulate and agree that CenCorp will pay the amount of Twenty
Thousand ($20,000) Dollars to Jacqueline Larkins, $10,000 of said amount representing back pay and $10,000 representing alleged compensatory damages. Pursuant to this Paragraph, CenCorp, its counselor its insurer shall issue checks in the amount of $10,000 and $10,000 to Larkins. CenCorp shall submit Forms 1099 to Jacqueline Larkins for said backpay and compensatory damage amounts at the end of the calendar year. CenCorp shall mail said checks via certified mail to Jacqueline Larkins 3730 Pasadena, Detroit, Michigan 48238 within ten (10) days of the entry of this Agreement. A copy of the checks and certified mail receipts shall be mailed to the EEOC, addressed to: Adele Rapport, Regional Attorney, 477 Michigan Avenue, Rm. 865, Detroit, Michigan 48226. The Commission shall have the right to monitor compliance with this paragraph through inspection of all documents relating to said disbursement, including but not limited to, a copy of the checks, check stubs, return receipts, letters, and any other documents evincing payment hereunder.
NON·RETALIATION 3. CenCorp, through its directors, officers, agents, servants, successors, assigns and
employees, will not retaliate against any person known to them who participated or cooperated in the investigation or prosecution by the EEOC of charge number 230-Al-
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- - - - - - - - - - - - - - - - - - - - - - - - - .---.-~
0899 filed under the Americans with Disabilities Act of 1990, as amended_ INJUNCTIVE RELIEF
4. CenCorp, its officers, agents, employees, successors, assigns, and all persons in active concert or participation with them or any of them shall comply with the provisions of the Americans with Disabilities Act of 1990, as amended.
POSTING OF NOTICE 5. CenCorp will post the notification attached hereto as Exhibit A in at least one (1)
conspicuous place at its facility within ten (10) days of entry of this Agreement for the duration of said Agreement. Should any posted copies of the Notice become defaced, marred or otherwise made unreadable, CenCorp agrees to immediately post a readable copy of this Notice in the same manner heretofore specified. In addition, CenCorp warrants that it will continue to post all employment discrimination notices as required by applicable law at all times.
TRAINING 6. CenCorp agrees that it shall provide an ADA training program to all of its management
and non-management employees, which will include an explanation of the requirements of the federal equal employment opportunity laws. Such training shall be completed not more than three (3) months after entry of this Settlement Agreement. If said training is performed by persons not from the Commission, attendees shall be required to sign an
4
- - - ---------_.

attendance sheet and the Defendant shall submit to the EEOC a copy of the attendance sheet(s), a list of topics covered and the identity of the trainer(s) within thirty (30) days of completion of the training.
REVISION OF EMPLOYMENT APPLICATION 7. CenCorp agrees to revise its employment application to comply fully with the
requirements set forth in Section ill of the Conciliation Agreement submitted by the Commission with the Letter of Determination dated March 19, 2002.
NON-ADMISSION OF LIABILITY 8 This Court finds that CenCorp has denied all allegations of the Complaint filed by the
EEOC along with any and all inferences of wrongdoing, and neither its consent to the entry of this Decree, nor any of the terms or 'conditions set forth herein, shall be construed as an admission of liability, wrongdoing, guilt, and/or violation of federal law.
DURATION OF AGREEMENT 9. For purposes of monitoring compliance with this Agreement with respect to the non-
discrimination, non-retaliatory, training and posting provisions, above, and for entry of such further orders or modifications as the Court finds necessary and appropriate, either party may petition the Court to enforce compliance with this Agreement for up to three (3) years after this Agreement is entered.
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DISPUTE RESOLUTION AND COMPLIANCE 10. The Court shall retain jurisdiction and will have all available equitable powers, including
injunctive relief, to enforce this Settlement Agreement. Upon motion of any party, the Court may schedule a hearing for the purpose of reviewing compliance with the Agreement. The parties shall engage in a good faith effort to resolve any dispute as to compliance prior to seeking review by the Court, and shall be required to give notice to each other ten (10) days before moving for such review. All parties may conduct expedited discovery under the Federal Rules of Civil Procedure for purposes of determining compliance with this Agreement or defending against a claim of noncompliance, with fifteen (15) business days notice for depositions, entry to premises and access to documents and, with fifteen (15) business days for responses to written discovery.
ALLOCATION OF COSTS 11. Each party will bear its own costs and attorneys fees.
DISSOLUTION OF AGREEMENT 12. It is hereby agreed by and between the EEOC and CenCorp that the Court shall issue an
order dismissing the case with prejudice. However, the Court shall retain jurisdiction over this matter for the sole purpose of entering appropriate orders interpreting and enforcing the Settlement Agreement.
6
- - - - - --.--.~.

The EEOC and CenCorp have consented to this Agreement.

This Agreement is entered this

day of_ _ _ _ _ _ 2002.

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION , ADELE RAPPORT Regional Attorney

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ADELE RAPPORT P 4833) Regional Attorney DETROIT DISTRICT OFFICE 477 Michigan Avenue, Rm. 865 Detroit, MI 48226 (313) 226-3406

/Thomas R. 13 en (P27618)
Attorneys for Defendant BOWEN,RADABAUGH,MILTON & BROWN, P.C. 4967 Crooks Road, Ste. 150 Troy, MI 48098 (248) 641-8000

DATE:

DATE:

co~OJil_·2_. The foregoing Agreement is approved and adopted as the Order of the

l&a?O&ll

______,2002.

United States District Judge

EXIllBITA NOTICE TO ALL EMPLOYEES This Notice is being posted to inform you ofyour rights guaranteed by federal law under the Americans with Disabilities Act of 1990, as amended, 42 U.S.C. § 12101 et. seq. ("ADA"), which prohibits discrimination against persons with disabilities. The ADA also prohibits retaliation against employees who engage in protected activity, which includes filing charges of discrimination with the Commission or state administrative agencies, participating in the Commission's investigation process, or otherwise opposing unlawful discrimination. CenCorp guarantees that it will not discriminate against employees with disabilities. The United States Equal Employment Opportunity Commission is the federal agency which investigates charges of unlawful employment discrimination and, if necessary, files lawsuits in federal court to enforce the anti-discrimination and anti-retaliation provisions of the ADA. Any employee who believes that he/she is the victim of discrimination or retaliation has the legal right to file a charge of discrimination with the U.S. Equal Employment Opportunity Commission. CenCorp supports and will comply with this federal law in all respects. CenCorp will not take any action against any employees because they are disabled or have exercised their rights under the ADA.

Dated

CenCorp

8

 
 IN THE UNITED STATES DISTRICT C~.f, A .......

In IfIf FOR THE

EASTERN DISTRICT OF MICr~ANlG

SOUTHERN DIVISION

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Hon. Nancy G. Edmunds

CENTRAL CORPORATE CREDIT UNION,

Mag. Judge Capel

Defendant.

Dale Price P55578

Thomas R. Bowen P276~8 ~ \~ ~.,.

Attorney for Plaintiff 477 Michigan Ave., Rm. 865 Detroit, MI 48226 313/226-7808

Attorney for Defengant '~ " ~'"¢l ,

4967 Crooks Rd., ~e. t60"""

Troy, MI 48098 ','1J~t

248/641-8000

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STIPULATION FOR DISMISSAL

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IT IS HEREBY STIPULATED AND AGREED by and betwee~t ~ttorney for the Plaintiff

and the attorney for Defendant that the above-entitled cause be dismissed with prejudice and without

costs as to either party.

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Dare Pric Attorney for Plaintiff

From-EEOC DETROiT DISTRICT OFC

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T-341 ?ilOl/GOl ,-BSS

IN mE UNTIED STATES DIS'IRICT COURT
FOR. THE EASTERN DISTRICT OF MICHIGA.'.1. ' SOur.r:mRN DMSION

EQUAL BMPLOYMENT OPPOR.TUNITY COMMISSION,

Plajntjft:
v
CENTRAL CORPORATB CREDIT UNION,

C'aseNo. 02-13913
Hon. Nancy G. Edmtmds Mag. Judge Capel.

Defendaut.

Dale Price PSSS78 Attorney fot Plainti1f 477 MiMigan Ave., Rm. 865 Detroit, :MI 48226 3131226--7808

Thomas R. Bowen P27618 Attotney for Defendant 4967 Crooks Rd., Ste. 150 Troy. MI 48098
2481641-8000

STIPULATION FOB. DISMISSAL

IT IS HEREBY STLPULATfID A..'IIJD AGREED by and betweeD. the attorney foJ' the Plaintiil'

and the attomey for DefeMw that the above-entitled cause be dismissed with prejudice and without

costs as to eitbcrplUty.

Dale Prige PSSS78 AtMx:nay fOr pJaiD;tjjf

Thomas R. Bowem P27618 AttomeyforDetendant

RECEIVED TIME OCT.24. 2'24PM

1 PRINT TIolE OCT.24. 2:25PM

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CLOSED

IN THE UNITED STATES DISTRICT COU~! ~ ~ FOR THE EASTERN DISTRICT OF MICHIGAN ~ 1m
SOUTHERN DIVISION

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,

Plaintiff, v
CENTRAL CORPORATE CREDIT UNION,

Case No. 02-73913
Hon. Nancy G. Edmunds Mag. Judge Capel

Defendant.

Dale Price P55578 Attorney for Plaintiff 477 Michigan Ave., Rm. 865 Detroit, MI 48226 313/226-7808

Thomas R. Bowen P27618 Attorney for Defendant 4967 Crooks Rd., Ste. 150 Troy, MI 48098
248/641-8000

ORDER FOR DISMISSAL

PRESENT:

At a session of said Court held

in the Ci~ 0J~e9;Wh?Wayne County, Michigan
on DC! J .L f.fJVt,.,

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Honorable!'oM·"I, \l \J ! .•

U.S. District Court Judge

In accordance with the stipulation to that effect,

IT IS HEREBY ORDERED that the above-entitled cause be, and the same is hereby dismissed

as to Defendant, Central Corporate Credit Union, with prejudice and without costs as to either party.

IT IS FURTHER ORDERED that this is a final order disposing of all claims.

2

 
 CM/ECF - U.S. District Court:mied - Docket Report

https://ecf.mied.uscourts.gov/cgi-bin/DktRpt.pl?857118093056356-L_3...

U.S. District Court Eastern District of Michigan (Detroit) CIVIL DOCKET FOR CASE #: 2:02-cv-73913-NGE

CLOSED, WC

EEOC v. Cntrl Corp Credit U Assigned to: Honorable Nancy G Edmunds Demand: $0 Plaintiff Equal Employment Opportunity Commission
V.

Date Filed: 09/30/2002 Date Terminated: 10/03/2002 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff
represented by Adele Rapport Equal Employment Opportunity Commission 477 Michigan Avenue Room 865 Detroit, MI 48226 313-226-5670 Email: Adele.Rapport@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED
Dale R. Price, Jr. Equal Employment Opportunities Commission 477 Michigan Avenue Suite 865 Detroit, MI 48226 313-226-7808 Email: dale.price@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED
Robert K. Dawkins Equal Employment Opportunities Commission 477 Michigan Avenue Suite 865 Detroit, MI 48226 313-226-4600 Fax: 313-226-2778 Email: robert.dawkins@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

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CM/ECF - U.S. District Court:mied - Docket Report

https://ecf.mied.uscourts.gov/cgi-bin/DktRpt.pl?857118093056356-L_3...

Defendant Central Corporate Credit Union

Date Filed 09/30/2002 10/03/2002 10/24/2002 10/24/2002 10/31/2002

#

Docket Text

1 COMPLAINT; jury demand (nh) (Entered: 10/01/2002)
2 SETTLEMENT agreement by plaintiff EEOC and defendant Cntrl Corp Credit U with exhibits A; [EOD Date: 10/7/02] (dp) (Entered: 10/07/2002)
3 SETTLEMENT agreement by defendant and plaintiff [EOD Date: 10/28/02] (jg) (Entered: 10/28/2002)
3 ORDER by Judge Nancy G. Edmunds that case is dismissed with prejudice [EOD Date: 10/28/02] (jg) (Entered: 10/28/2002)
4 ORDER by Judge Nancy G. Edmunds, with stipulation, dismissing the case with prejudice and without costs[EOD Date: 11/4/02 (jg) (Entered: 11/04/2002)

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