SEP 2 9 2004

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

'1
'~IGINAL

v.
LABORERS' INTERNATIONAL UNION OF NORTH AMERICA
Defendant.

.nroGE : Edmunds, lIanq ~.

: ~i~

. S Division C1v11 Deck
09/29/2004 e 13:44:26

)

CASE tRlMBER : 2:04CV73B12

)

ClIP EEOC v. LABORERS

)

I}I'IElUIA'IIOliAL IKC )

)

)

)

COMPLAINT

)

.JURY TRIAl. DEMAND

)

)

)

)

NATURE OF THE ACTION

This is an action under Title I of the Americans with Disabilities Act of 1990 and Title I of

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

to provide appropriate relief to Charging Party, Harold McKart ("McKart") and other similarly

situated individuals who were adversely affected by such practices. As alleged with greater

particularity in paragraph 8, the Commission alleges that the Defendant, Laborers;' International

Union of North America (ULlUNA" or "Union,,), refused to place McKart and other similarly

situated individuals on its out of work referral list at its Monroe, Michigan facility, without first

submitting to pre-employment medical inquiries on the basis of their disability.

JURISDICTION AND VENUE

1. Jurisdiction ofthis 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) ofthe Americans with

Disabilities Act of 1990 ("ADA"). 42 U.S.C. § 12117(a), which incorporates by reference Sections

706(1)(1) and (3) ofTitle VII oCthe Civil Rights Act of 1964 ("Title VII"), 42 U.S.C. § 2000e-5(1)(1) and (3), and pursuant to Section 102 of the Civil Rights Act of 1991, as amended, 42 U.S.c. §1981(a).
2. The employment practices allcged to be unlawful were committed within the jurisdiction of the United States District Court for the Ea;;tem District of Michigan, Southern Division.
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 cnforcemcnt ofTitle I ofthe ADA and is expressly authorizcd to bring this action by Section 107(a) of the ADA, 42 U.S.C § 121 17(a), which incorporates by reference Sections 706(1)(1) and (3) of Title VII, 42 U.S.C. § 2000e-5(1) (I) and (3). 4. At all relevant times, the DeCendant Union has been doing business in the State oC Michigan and the City of Monroe, and has continuously had at least fifteen (15) members. 5. At all relevant times the Defendant Union 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(7) oCthe ADA, 42 U.S.C. § 12117(7), which incorporates by reference Section 701 (g) and (h) of Title VII, 42 U.S.C. § 2000e(g) and (h). 6. At all relevant times, the Defendant Union has been a covered entity under Section 101(2) of the ADA, 42 U.S.C. § 12111(2).
STATEMENT OF CLA1MS 7. More than thirty (30) days prior to the institution of this lawsuit, Charging Party
2

McKart filed a charge with the Commission alleging violations of Title I of the ADA by the Defendant Union. All conditions precedent to the institution of this lawsuit have been fulfilled.
8. Since at least February 2001 , Defendant Union has engaged in unlawful employment practices at its Monroc, Michigan facility in violation of ADA Sections 102(a), 102(b)(1), and 102(d)(2)(A), 42 U.S.C. §§ 12112(a), 12112(b)(1), and 12112(d)(2)(A). Thescpraetiecs include, but arc not limited to, Dcfcndant Union's refusal to placc McKart and other similarly situated individuals on its out of work referral list without first submitting to prc-employment medical inquirics physical exams and providing medical information.
9. Thc cffcct ofthe unlawful practices complained ofin paragraph 8 has bccn to deprive McKart and other similarly situated individuals ofequal employment opportunities and to otherwise adversely affect their status as employees because of their disability.
10. The above-mentioned, unlawful employment practices were intentional. 11. The unlawful employment practices complained of in paragraph 8 above were done with malice or with reckless indifference to the federally protected rights of MeKart and other similarly situated individuals.
PRAYER FOR RELIEF WHEREFORE, the Commission respectfully rcqucsts that this Court: A. Grant a permanent inj unction cnjoining the Defendant Union, its officers, successors, assigns and all persons in active concert or participation with it, from engaging in any unlawful employment practice which discriminates on the basis of disability; B. Order Defendant Union to institute and carry out policies, practices, and prol,'I'ams which provide equal employment opportunities forindividuals with disabilities, and which eradicate
3

the effects of its past and present unlawful employment practices; C. Order Defendant Union to make whole MeKart and other similarly situated
individuals by providing them with appropriate lost earnings and benefits, with pre-judgment interest, in amounts to be proven at trial, and other affirmative relief necessary to eradicate the effects of its unlawful employment practices;
D. Order Defendant Union to make whole MeKart and other similarly situated individuals by providing compensation for past and future non-pecuniary losses resulting from the unlawful practices complained 0 fin paragraph 8 above, including but not limited to, cmotional pain, suffering, inconveniencc and loss of enjoyment oflife, in amounts to be determined at trial;
E. Order Defendant Union to provide ADA training to aU of its members and officers; F. Order Defendant Union to pay McKart and other similarly situated individuals punitive damages for its malicious and reckless conduct, as described in paragraph 8 above, in amounts to be determined at trial. G. Order Defendant Union to cease and desist its practice of making preemployment inquiries and requiring medical exams prior to placement on the out of work referral list; H. Order Defendant Union to pay MeKart nominal damages; I. Grant the Commission its costs in this action; J. Grant such further relief as the Court deems necessary and proper in the public interest.
JURY TRTAL DEMAND The Commission requests a jury trial on all questions of fact raised in this lawsuit.
4

DATED: September 29, 2004

Respectfully submitted,
ERIC S. DRElBAND General Counsel
JAMES LEE Deputy General Counsel
Equal Employment Opportunity Commission 1801 L. Street, N.W. Washington, D.C. 20507
O~
ADELE RAPPO '
STANLEY H. PITTS (P335 19) Supervisory Trial Attorney
DALE PRICE (P55578) Trial Attorney
DETROIT DISTRICT OFFICE Patrick V. McNamara Building 477 Michigan Ave., Room 865 Detroit, Michigan 48226 (313) 226-6701

5

CIVIL COVER SHEET COUNTY IN WHICH THIS ACTION AROSE: MONROE

(a) PLAINTIFFS

DEFENDANTS

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

(b) County of Residence of First Ustcd

1 )S~
0

(C) Attorney's (Firm Name. Address. and Telephone Number)
Dale Price (P55578). Equal Employment Opportunity

LABORERS' INTERNATIONAL UNION OF NORTH AMERICA
~,._o_,,,.",:"~~c,. ( ~.

NOTE: IN LANO CO~~!MNATION

. USE THE L~~F THE

G \'lhi\:V Allorneys ef~)\\".\{

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.

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t~iU~'"~

Commission, 477 Michigan Avenue, Room 865, Detroit, MT 48226 (313)226-7ROfi

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(~Cl(!,1.~R.t:....~..-t-

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h'':;.'U''\.'i,-b; Jrl..;llfWC,":">'I.

II. BASIS OF JURISDICTION (Place an "X" In On. Box Only)

III. CITIZENSHIP OF·~lht.fCIPAL PARTIES (Place an "X" In Orno Box lor PI,lnliff

lU . Government Plaintiff

o 3 Fodoral Quastlon (U.S. Government Not a Party)

{For Diversity Cases Only}

PtA DEF

0 0 Citizen of this State

11

•

and One Box for Defendant)

0 04 PtA DEF
Incorporated or Principal Placo 4

of Business In This State

U.S. Government Defendant

o 4 Diversity
of (Indicate Cltlzonshlp Partles
In l1em 111)

0 2 02 CUlzen of Another

Clt~~rno,,~!i,~~~Of. relnn

0

3

03

05 05 IllCOrporated and Principal of BusIness In Another State

ForeIgn Nation

06 06

IV. NATURE OF SUIT

(Plnce an "X" In One Box Oniv)

CONTRACT

TORTS

FORFEITURE/PENALTY

BANKRUPTCY

OTIlER STATtlTES

o 11 011l$urance
1 0 120 Marlne
o 130 Miller Act o 140 Negotiable Instrument
C 150 Recovery ct' Overpayment and Enforeement of Judgment
0 t 51 Medicare Act

PERSONAL INJURY
a 31 0 AIrplane o 315 Airplane Product
LlabiHty
0 320 Assault UOOI
And Slander
0 330 Federal Employ"",'

PERSONAL INJURY 0 0 362 Personal Injury- C
Med. Malpr8ctle& 0
0 365 t"r:oruu'a'Un. yt'IflY' • 0

Cl 368 Asbeslos Parsonal 0

Injury Product

LIability

0

152 Recovery of Defaulted Swdenll.oans (Exci. Ve!er8l'ls)
0 153 RKOYery or Overpaym.nt
orVeleran's Benefits
0 160 SlockhoklefS' Suits ~.Other Contract
o 195 Comract PfOduci UabUUy

UabUity
0 340 Marine 0 345 Marine Product
UabHl\~
0 350 Molor Vehicle o 355 Motor Vehicle
o . Produd UabilUy ~Olher Personal rury

0

PERSONAL PROPERTY

o 370 Other Froud o 371 Truth In landing o 380 Olher Personal

0

Property Damage 0 385 Property Damage

0

Product Uability 0

REAL PROPERTY / CI LRIGHTS PRISONER PETITIONS
0

0
0 0

210 Lond condomn"",,:(
220 ForedoslJfEl 230 Rent LeaH & Ejectrnen

o 441 Oliny
~omploHoyumsin.gn! '

o 51 0 MotJoos to Vacale

SenlellCe

0

Habeas Corpus;

0 240 TOfte 10 Land 0 245 Tort Product Llat»lity
0 290 AI! Othet Real Ptoperty

Accommodations 0 530 General

o 444 Welfore

C 535 Death Penalty

o 440 Other Civil R<Qhts 0 540 Mandamu. & Olher

0 0

0 550 CLvil Rights

0 555 Prison Condition

610 AgrlcuUure 62G Other Food & Drug {j25 ONg Related St»zure
of Properly 21: ae1 630 Liquor Laws
64G R.R. & Truck
650 Alrtlne Regs, 660 Occupational
Safely/Health 690 Other
LABOR
71 0 Fall' !..abor Slandvda
"" 720 LaborlMgml Relations
730 Labor/Mllm!, Raporllno & D!ltlolure Act
740 Railway Labor Act
790 Other Labor UtigallOn
791 Empi, Ret. Inc, Security Act

0 422 Appem 26 USC 158
0 423 Wilhdraws! 28 USC 151

PROPERTY RlGHTS

0 820 Copyrights 0 830 Palenl 0 640 Trademark

SOCIAL. SECURITY

o 0

""
862

HBlIaAc(k1

39511) Lung (923)

o 863 DlWCiOIW'N {4~(ol.

o 864 SSID Tille XVI

o 1165 RSII'O".»

FEDERAL. TAX SUITS

o 870 TaK&5 (U.s. PlainUff
or Defendant)

o 671lRS·Third Party 26 USC 7609

o 400 Stale Reapportionment o 41 0 Antitrust o 430 Banks and Banking o 450 CcmmercellCC o 400 Deportation
o 470 Radlel"' Infh,~d & Corrupt Ofganlzsllons
oo 810 Selectl'ffl Service
650 s.cu flUealCorn mod Weal
E~
o 875 Customer Challenge
12 LISC 3410
o 691 Agricultural Acts o 892 Economic Slabd!%etlon Acl o 693 Environmental MaUera
'8 894 Energy Allocation Act
o 895 FreedOm of
Infomlalion Act
o 900 A~!tl: Unde,
Equal Accen to Julilce
o 950 Constitulionality of
o Stale Stalu\es 890 Other SlaliJtOry I.<:llonl

(PLACE AN ·X· IN ONE BOX ONLY)

Removed from Stale Court

Remanded trom Appeliate Court

O 4 Reinstated or Rrm fjn~d

o o TtDnsferred from another district 5 (spedry}

6 Multi district

Litigation

SE OF ACTION (am lhA u.s, Civil S!!'ltule under which you ArA fIling and write brlef statement of cause. Do not CIte jurisdlclionalstntules uniMs dlvefSilY.J

Appeal to
o Olstrict 7 Judge from
Magistrate

lS is. an action under the Title 1 of the American with Disabilities Act of 1990 and Title I of the Civil Rights Act_",f 1991, to correct

lfnllmffnl f"mnlrwmf"nt nrnrtirf"O;: nn thr "11<:;0;: nf tliO:llhilitv
VII. REQUESTED IN 0 CHECK IF THIS IS A CLASS ACTION

J;;DEMAND

COMPLAINT:

UNDER F.R.C.P. 23

JURY DEMAI ,

(See
VIII. RELATED eASElS) Instruc1lons):
IF ANY

DOCKET
NUMBER

DATE

UANT TO LOCAL RULE 83.11
Is this a case that has been previously dismissed? If yes. give the following information:
Cou rt: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
Case No.: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ Judge: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ ___

2.

Other than stated above. are there any pending or previously

discontinued or dismissed companion cases in this or any other

court. including state court? (Companion cases are matters in whic

it appears substantially similar evidence will be offered or the sam

or related parties are present and the cases arise out of the same

transaction or occurrence.)

If yes, give the following information: Court: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __

Case No.: _ _ _ _ _ _ _ _ _ _ _ _ _ _"--_ __ Judge: ___________________________________

Notes:

 
 UNlTED STATES DISTRICT COURT EASTERN DISTRlCT OF MICHIGAN
SOUTHERN OrvIS/ON

ORIGINAL

EQUAL EMPLOYMENT OPPORTUNITY

)

COMMISSION,

)

)

Plaintiff,

)

v.

) )

)

LABORERS' INTERNATIONAL UNION

)

OF NORTH AMERICA, LOCAL 465

)

)

Defendant.

)

--------------------------)

Civil Action No. 2:04CV73812
Honorable Nancy O. Edmunds AMENDED COMPLAINT JURY TRIAL DEMAND
····"1
'", ,I.

NAT1JRE OF THE ACTION

~ti:

,,~,'::',~i

This is an action under Title / of the Americans with Disabilities Act of 1990 lIild Title Tof

,'->

-.J

'\ the Civil Rights Act of 1991, to coneet unlawfi.11 employment practices on the basis ofdisability and

to provide appropriate relief to Charging Parly, Harold McKart ("McKart") and other similarly

situated individuals who were adversely affected by SllCh practices. As alleged with greater
particularity in paragraph 8, the Commission alIcges that De1endant, Laborcr~' Intcl1lational Union

ofNorth America, Local 465 ("Local 465" or "Union"), refused to place McKart and other similarly

situated individuals on its (lut of work referral list at its M(llll'oc, Michigan facility, without Jirst

sUbmitting to pre-employmcnt medical inquiries on the lnlsis oflheir disability.

JURISDICTION AND VENUE

I. Jurisdiction ofthis COllrt is invoked purSllHllt to 28 llS.C. §§ 451, 1331, 1337, 1343,

and 1345. This action is authorized and institutcd pursuant to Section 107(a) oftl1e AmeriCallS with

Disabilities Act of 1990 ("ADA"), 42 U.S.C. § J2117(a), which incorporates by referencc Sections

--------------..........
706(1)(1) and (3) ofTitle VIT of the Civil Rights Act of 1964 ("Title VU"), 42 U.S.C. § 2000e-5(1)(I) and (3), and pursuant to Section 102 of tl1C Civil Rights Act of 1991, as amended, 42 U.S.c. *1981(a).
2. The employment practices alJeged to be unlawful were committed within the
jurisdiction of the United States District Court Ill!' the Eastern District of Michigan, Southern Division.
PARTIES 3. Plaintiff, Equal Employment Opportunity Commission (the "Commission"), is dIe agency of the United States of America charged with the administration, interpretation and enforcement ofTi tie f ofthe ADA and is expressly authorized to bring this action by Section 107(a) orthc ADA, 42 U.S.C § 12117(a), which incorporates hy reference Sectiolls 706(f)(1) and (3) of
Title VIT, 42 U.S.c. § 2000e-S(t) (I) and (3).
4. At all relevant times, Defendant Union has been doing husiness in the State of Michigan and the City of Monroe, and has continuously had at least fifto~n (15) mtlmbers.
5. At all relevant times the Defendant llJlion has continuously been engaged in an
industry affecting commerce within the meaning of Section 101(5) of dlC ADA, 42 U.S.C. §
* 12111 (5), and Section 107(7) orthe ADA, 42 U.S.C. 12117(7), which incorporates by reference
Section 701(g) and (Il) of Title VIl, 42 U.S.C. § 20UOe(g) and (h). 6. At all relevant times, DcJendant Union has heen a covered entity und<;Jr Section 101 (2)
of the ADA, 42 U.S.C. § 12111(2). STATeMENT OF CLAIMS
7. More than thirty (30) days prior to the institution of this lawsuit, Charging Party
2

McKiIrt filed a charge with tho Commission alleging violation~ ofTille I orthe ADA by Defendant Union, All conditions precedent to the institution of this lawsuit have been fulfilled,
S, Since at least February 200!, Defendant Union has engaged in unlawful employment practices at its Monroe, Michigan facility in violation of ADA Sections I02(a), I02(b)(I), and 102(d)(2)(A), 42 U.s,C, §§ 12112('1), 12112(h)(J), and 12112(d)(2)(A), Thc~e practices incllLde, btlt are not limited to, Defendant Union's refusal to place McKart and other similarly situated individuals Oil its "out-of-work" referral list without first submitting to pre-employmcl1t medical inquiries and physical examinations and providing medical information,
9, The effccl ofthe unlawful practices compla.incd ofin paragraph 8has been to deprive McKar( and other similarly situated individLLals 0 f equal employment opportunities and to othelwise adversely affect their status as employees because of their disability,
10, The ahovc-mentioned, unlawful employment practices were intentional, I I. The unlawful employment practiccH complained orin paragraph 8 above were done with malice or with reckless indifference to the federally protected rights of McKart and other similarly situated individuals,
PRAYER FQR RELIEF WHEREFORE, (he Commission respectfully requests thaI this CalirI: A. Grant a permancnt injullctioll cnjoining Defendant Union, its officers, successors, assigns and aU persons in acti ve concert or participation with it, fro111 engaging in ally unlawful employment practice which discriminates on the basis of disahility; B, Order DcltlI1dan! Union to institute and carry out policies, practices, and programs which provide equal employment opportlll1ities for individuals with disabilities, ami which eradicate
3

(he effects of its past and present unlawful employment prac!ices~

C, Order De!'endant Union (0 make whole McKart and other similarly situated

individuals hy providing them with appropriate lost earnings and benclHs, with pre-judgment

intorest, in amounts (0 be proven at (rial, and other ailImlative relief necessary 10 eradicate the

effects ofils unlawful employment practices, including immediatcplacemen! on the "ou(-of-work"

referral list;

D. Order Defendant Union to make whole McKart and other similarly situated

individuals by providing compensation for past non-pecuniary losses resulting from the unlawful

practices complained ofin paragraph 8 above, including but not limited to, emotional pain, suffcring,

inconvenience and loss or enjoyment oflif'e, in amounts to be detenllined at trial;

E. Order Defendant Union to provide ADA training to all of'its memhers and officers;

F. Order Defendant Union to pay McKart and other similarly situated individuals

punitive damages for its malicious or reckless conduct, as described ill paragraph 8 above, in

amounts to be dctemlincd at trial.

G. Order Defendant Union to cease and desist its practico of making pre-

employment inquiries und requiring medical examinations prior to placement on the (lut of work

referral list;

H. Order Defendant Union to pay McKar! nominal damages;

I.

Grant the Commission its costs in this action;

J. Gran! such further relief as the Court deems necessary and proper in the public

interest.

4

JURY TRIAL DEMAND The Commission requcsl~ ajury trial on all questions of fact raised in this lawsuit.

Respectrully submitted,

ERTC S. DRETBAND General Counsel

JAMES LEE Deputy General Counsel

DATED: January 25, 2005

Equal Employment Opportunity Commission 1801 L. Street, N.W.
Washington, D.C. 20507
~J~2..
ADELE RAPPORT 4833) Regional Attorney

STANLEYH. PITTS (P33519) Supervisory Trial Attorney

OMAR WEAVER (P58861) Trial Altom;;),
DETROIT DISTRICT OFFTCE Patrick V. McNamara Building 477 Michigan Ave., Room 865 Detroit, Michig,m48226 (313) 226-6701

5

 
 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN
SOUTHERN DNISION

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff,
LABORER'S INTERNATIONALUNION OF NORTH AMERICA, LOCAL 465,
Defendant. /

Case No. 2:04CV73812 Hon. Nancy G. Edmunds

ADELE RAPPORT (P44833) ROBERT K. DAWKINS (P38289) OMAR WEAVER (P58861)
EQUALEMPLOYMENT OPPORTUNITY
COMMISSION Attorneys for Plaintiff 477 Michigan Ave., Room 865 Detroit, MI. 48226 (313) 226-3407
CHRISTOPHER P. LEGGHIO (P27378) MARTENS ICE KLASS LEGGHIO & ISRAEL, P.C. Attorneys for Defendant 306 South Washington, Suite 600 Royal Oak, MI 48067 (248) 398-5900
SETTLEMENT AGREEMENT

------
This Settlement Agreement ("Agreement") is entered into between Plaintiff, the United States Equal Employment Opportunity Commission ("the Commission") and Defendant, Laborer's International Union of North America Local 465 ("Local 465). 1. The Commission commenced the above entitled action in the United States District Court
for the Eastern District of Michigan, Souther Division, on September 29,2004, alleging that Local 465 engaged in discriminatory employment practices in violation of the Americans with Disabilities Act ("ADA") by refusing to place Charging Party Harold McKart ("McKart") and other similarly situated individuals on its out-of-work referral list without first submitting to pre-employment medical inquiries on the basis oftheir disability. 2. Local 465 denies all allegations in the Complaint, including any allegation that it discriminated against McKart and others. 3. As a result of settlement discussions, the Commission and Local 465 have resolved their differences and have agreed that this action should be settled by entry of this Agreement. It is the intent of the parties that this Agreement be a final and binding settlement in full disposition of any and all claims alleged against Local 465 or which might have been alleged against Local 465 in the Complaint filed on behalf of Charging Party Harold McKart.
STIPULATED FACTS 4. The Commission is a United States government agency authorized by the ADA to
investigate allegations of unlawful employment discrimination based on disability, to bring civil actions to prohibit unlawful practices, and to seek relief for individuals
1

- - - - - - - - .-- -.- - -. - - - - -

affected by such practices.

NON-ADMISSION

5. This Agreement shall not constitute an adjudication or finding on the merits of the case and is not, and shall not be construed as, an admission by Local 465 of any violation of the ADA. NON-DISCRIMINATION
6. Local 465, 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

ADA with regard to disability discrimination. 7. Local 465 shall fully comply with the inquiry provisions of the ADA, 42 D.S.C. §
12112(d). Local 465 shall not require its members to submit to physical examinations or provide medical records prior to placing them on the out-of-work list or at any other time prior to the receipt of a job offer. 8. Local 465 shall place Harald McKart, and other similarly situated individuals previously identified as disabled from laborer's work, and who applied for and collected disability

pension benefits and/or social security disability benefits, on the Local 465 out-of-work list. Local 465 shall refer McKart and these similarly situated individuals to available

laborer's jobs only upon their submission of medical certification that they are now able to return to work as a laborer. The medical certification shall be limited to a concise

physician's statement that the individual can perform the essential duties oflaborer's

work.

9.

Should any other individuals declare themselves as disabled from laborer's work and

2

apply for or collect disability pension benefits and/or social security disability benefits and subsequently seek to return to work as a laborer, Local 465 shall refer this individual(s) to an available laborer's job only upon submission of medical certification that the individual can return to work as a laborer. The medical certification shall be limited to a concise physician's statement that the individual is able to perform the essential duties of laborer's work.
MONETARY COMPENSATION 10. The parties agree that neither McKart nor any other similarly situated individual will
receive any monetary damages from Local 465. TRAINING
11. Local 465 agrees to provide ADA training, which will include disability awareness and sensitivity training, to its managers and representatives. Local 465 will use material provided or recommended by the Commission to conduct this training. The training shall focus on the ADA's prohibition against pre-employment medical inquiries and examinations. The training shall be completed within three (3) months after the execution of this Agreement. Upon completion of the training, Local 465 shall certify to the Commission, in writing, the specific training which was undertaken, the date(s) of the training, and shall provide the Commission with a roster of all employees who attended such training. POSTING OF NOTICE
12. Local 465 will post a generic notice that informs employees of their ADA rights. This notice will be posted for three (3) years from the date of this Agreement. Should the
3

- - -----

posted notice become defaced, marred or otherwise made unreadable, Local 465 agrees to post a readable copy of the notice as soon as practical thereafter.

MISCELLANEOUS

13. This case shall be dismissed with prejudice. 14. All parties shall bear their own costs and expenses of litigation, including attorney fees. 15. The terms of this Agreement are and shall be binding upon the present and future owners,

officers, directors, employees, creditors, agents, trustees, administrators, successors,

representatives, and assigns of Local 465 and the Commission. 16. The Commission reserves all rights to proceed with respect to matters like and related to

these matters but not covered by the terms of this Agreement and to secure relief on

behalf of aggrieved persons not covered by the terms of this Agreement. 17. This Agreement constitutes the entire agreement and commitments of the parties. Any

change to this Agreement must be mutually agreed upon and memorialized in a writing

signed by Local 465 and the Commission.

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

LABORER'S INTERNATIONAL UNION OF NORTH AMERICA LOCAL 465

JAMES L. LEE Deputy General Counsel
GWENDOLYN YOUNG REAMS Associate General Gounsel
LAURIE A. YOUNG Regional Attorney

By: MARTENS ICE KLASS LEGGHIO & ISRAEL, ~C.
CHRISTOPH£~ P. LEGGHIO (P27378) 306 South Washington, Suite 600 Royal Oak, MI 48067

4

ROBERT K. DAWKINS (P38289) Supervisory Trial Attorney
OMAR WEAVER (P58861) Trial attorney
Detroit Field Office 477 Michigan Ave., Room 865 Detroit, MI 48226
Dated: 5/0/3/0.1/

Dated: ~/&3//Ob

5

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

https://ecf.mied.uscourts.gov/cgi-bin/DktRpt.pl?962645924305691-L_3...

U.S. District Court Eastern District of Michigan (Detroit) CIVIL DOCKET FOR CASE #: 2:04-cv-73812-NGE-PJK

CLOSED

Equal Employment Opportunity Commission v. Laborers' International Union of North America Assigned to: Honorable Nancy G Edmunds Referred to: Honorable Paul J Komives Cause: No cause code entered

Date Filed: 09/29/2004 Date Terminated: 05/24/2006 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

Plaintiff
Equal Employment Opportunity Commission

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

Omar Weaver Equal Employment Opportunities Commission 477 Michigan Avenue Suite 865 Detroit, MI 48226 313-226-5670 Fax: 313-226-5673 Email: omar.weaver@eeoc.gov LEAD ATTORNEY

Stanley H. Pitts Honigman, Miller, 660 Woodward Avenue

1 of 5

6/5/2007 2:48 PM

CM/ECF - U.S. District Court:mied - Docket Report
V. Defendant Laborers' International Union of North America Local No. 465

https://ecf.mied.uscourts.gov/cgi-bin/DktRpt.pl?962645924305691-L_3...
Suite 2290 Detroit, MI 48226-3506 313-465-7516 Email: spitts@honigman.com TERMINATED: 01/09/2006 LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Andre' R. Borrello Gilbert, Smith, 721 S. Michigan Avenue Saginaw, MI 48602-1500 989-790-2500 TERMINATED: 02/22/2005 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Christopher P. Legghio Martens, Ice, 306 S. Washington Suite 600 Royal Oak, MI 48067 248-398-5900 Email: cpl@martensice.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed 09/29/2004 11/08/2004 11/08/2004 11/08/2004
11/22/2004 11/29/2004

#

Docket Text

1 COMPLAINT filed by Equal Employment Opportunity Commission against Laborers' International Union of North America.(JGilb, ) (Entered: 09/30/2004)
2 ATTORNEY APPEARANCE: Andre' R. Borrello appearing on behalf of Laborers' International Union of North America.(JGilb, ) (Entered: 11/08/2004)
3 ANSWER to Complaint, with Affirmative Defenses, by Laborers' International Union of North America.(JGilb, ) (Entered: 11/08/2004)
4 CERTIFICATE OF SERVICE by Laborers' International Union of North America re 2 Attorney Appearance and 3 Answer to Complaint. (JGilb, ) (Entered: 11/08/2004)
5 NOTICE TO APPEAR: Scheduling Conference set for 12/3/2004 10:00 AM before Honorable Nancy G Edmunds. (CHem, ) (Entered: 11/22/2004)
6 ATTORNEY APPEARANCE: Christina M. Grossi appearing for the Defendant.(JGilb, ) (Entered: 11/30/2004)

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12/03/2004 12/03/2004
01/25/2005 02/02/2005 02/02/2005 02/22/2005 02/22/2005 02/22/2005 03/30/2005 04/11/2005 05/02/2005 05/31/2005 06/02/2005 06/02/2005
08/16/2005

Minute Entry -Scheduling Conference held on 12/3/2004 before Honorable Nancy G Edmunds. (CHem, ) (Entered: 12/03/2004)
7 SCHEDULING ORDER: Final Pretrial Conference set for 8/30/2005 02:00 PM before Honorable Nancy G Edmunds. Jury Trial set for 9/8/2005 09:00 AM before Honorable Nancy G Edmunds. Signed by Honorable Nancy G Edmunds. (Refer to image for additional dates)(CHem, ) (Entered: 12/03/2004)
8 STIPULATION AND ORDER Permitting Plaintiff to File an Amended Complaint - Signed by Honorable Nancy G Edmunds. (JGilb, ) (Entered: 01/28/2005)
9 AMENDED COMPLAINT filed by Equal Employment Opportunity Commission against Laborers' International Union of North America Local No. 465.(JGilb, ) (Entered: 02/03/2005)
10 WITNESS LIST by Equal Employment Opportunity Commission (JGilb, ) (Entered: 02/03/2005)
11 ATTORNEY APPEARANCE: Christopher P. Legghio appearing on behalf of Laborers' International Union of North America Local No. 465.(JGilb, ) (Entered: 02/24/2005)
12 ATTORNEY SUBSTITUTION for Laborers' International Union of North America Local No. 465: Attorney Christopher P. Legghio added and Attorney Andre' R. Borrello terminated. (JGilb, ) (Entered: 02/24/2005)
13 CERTIFICATE OF SERVICE by Laborers' International Union of North America Local No. 465 re 11 Attorney Appearance and 12 Attorney Substitution. (JGilb, ) (Entered: 02/24/2005)
14 STIPULATION AND ORDER extending deadlines: Witness List: 4/11/05, Discovery Cutoff: 6/1/05, Dispositive Motion filed: 7/2/05. Signed by Honorable Nancy G Edmunds. (CHem, ) (Entered: 03/30/2005)
15 WITNESS LIST by Laborers' International Union of North America Local No. 465 (Legghio, Christopher) (Entered: 04/11/2005)
16 ANSWER to Amended Complaint with Affirmative Defenses by Laborers' International Union of North America Local No. 465.(Legghio, Christopher) (Entered: 05/02/2005)
17 Joint MOTION TO EXTEND Discovery by all parties. (Attachments: # 1 Exhibit Letter dated 5/10/05# 2 Exhibit Letter dated 5/12/05# 3 Exhibit Letter dated 5/19/05)(Weaver, Omar) (Entered: 05/31/2005)
18 ORDER granting 17 Motion to Extend dates.- Signed by Honorable Nancy G Edmunds. (CHem, ) (Entered: 06/02/2005)
Final Pretrial Conference set for 12/13/2005 02:00 PM before Honorable Nancy G Edmunds. Jury Trial set for 1/10/2006 09:00 AM before Honorable Nancy G Edmunds. Signed by Honorable Nancy G Edmunds. (refer to order for additional dates)(CHem, ) (Entered: 06/02/2005)
19 STIPILATED AMENDED SCHEDULING ORDER: Final Pretrial Conference set for 2/28/2006 02:00 PM before Honorable Nancy G Edmunds. Jury Trial set

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09/30/2005
10/12/2005
10/14/2005 11/09/2005 11/21/2005 12/21/2005 01/10/2006 01/20/2006 04/11/2006 05/09/2006 05/23/2006 05/24/2006

for 3/2/2006 09:00 AM before Honorable Nancy G Edmunds. Dispositive Motion Cut-off set for 10/31/2005 Discovery due by 9/30/2005. Signed by Honorable Nancy G Edmunds. (Refer to image for additional dates)(CHem, ) (Entered: 08/16/2005)
20 MOTION to Compel Discovery and Answers to Questions Posed in Deposition by Equal Employment Opportunity Commission. (Attachments: # 1 Index of Exhibits # 2 Exhibit Exh. 1, EEOC Complaint# 3 Exhibit Exh. 2, Deposition of Danny Minton)(Weaver, Omar) (Entered: 09/30/2005)
21 ORDER REFERRING MOTION to Magistrate Judge Komives: 20 MOTION to Compel Discovery and Answers to Questions Posed in Deposition filed by Equal Employment Opportunity Commission,. Signed by Honorable Nancy G Edmunds. (CHem, ) (Entered: 10/12/2005)
22 NOTICE of hearing on 20 MOTION to Compel Discovery and Answers to Questions Posed in Deposition. Motion Hearing set for 11/3/2005 10:00 AM before Honorable Paul J Komives. (EBut, ) (Entered: 10/14/2005)
23 STIPULATION to Facilitation, Extension of Dispositive Motion Deadline, and Adjournment of Motion to Compel Discovery by Equal Employment Opportunity Commission.(Weaver, Omar) (Entered: 11/09/2005)
24 NOTICE TO APPEAR: Settlement Conference set for 12/15/2005 11:00 AM before Honorable Avern Cohn. (DOpa, ) (Entered: 11/21/2005)
25 NOTICE TO APPEAR: Settlement Conference reset for 1/20/2006 10:00 AM before Honorable Avern Cohn. (DOpa, ) (Entered: 12/21/2005)
26 NOTICE of Change of Attorney Information by Equal Employment Opportunity Commission. Notice of Change of Attorney Information (Pitts, Stanley) (Entered: 01/10/2006)
Minute Entry -Settlement Conference held on 1/20/2006 before Honorable Avern Cohn. (JOwe, ) (Entered: 01/20/2006)
27 NOTICE by Equal Employment Opportunity Commission of withdrawal of 20 MOTION to Compel Discovery and Answers to Questions Posed in Deposition. (BSoc, ) (Entered: 04/14/2006)
28 NOTICE TO APPEAR: Status Conference set for 5/23/2006 02:00 PM before Honorable Nancy G Edmunds. (CHem, ) (Entered: 05/09/2006)
29 SETTLEMENT AGREEMENT by Equal Employment Opportunity Commission.(Weaver, Omar) (Entered: 05/23/2006)
30 STIPULATED ORDER DISMISSING CASE Signed by Honorable Nancy G Edmunds. (CHem, ) (Entered: 05/24/2006)

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