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

UNITED STATES EQUAL EMPLOYMENT )

OPPORTUNITY COMMISSION,

)

)

Plaintiff,

)

v.

)

)

J;'ORESIGHT INTERNATIONAL, INC.,

)

)

Defendant.

)

)

)

Civil Action No. 06 C 5139 Magistrate Judge Cole

CONSENT DECREE THE LITIGATION
I. PlaintilTUnited States Equal Employment Opportunity Commission ("EEOC") filed this action alleging that the Defendant Foresight lntemational, Inc. ("Foresight"), violated Title I of the Americans with Disabilities Act of 1990 (the "ADA"), 42 U.S.C. § 12112(a) and (b), by discharging Brent Shiver ("Charging Party") because of Charging Party's disability, deafness.
2. In the interest ofresolving this matter, and as a result of having engaged in comprehensive settlement negotiations, the parties have agreed that this action should be resolved finally hy entry or this Consent Decree ("Decree").
3. This Decree fully and finally resolves any and all issues and claims arising out of (he Complaint filed by the EEOC.
FINDINGS 4. Having carefully examined the terms and provisions oOhis Decree, and based on

the pleadings, record, and stipulations of the parties, the Court finds the following:

a. This Court has jurisdiction ofthe subject matter ofthis action and of the

parties.

b. The terms of this Decree are adequate, fair, reasonable, equitable, and just.

The rights of the EEOC, Foresight, the Charging Party, and the public interest are adequately

protected by this Decree.

c. This Decree conforms to the Federal Rules of Civil Procedure and the

ADA and is not in derogation of the rights or privileges of any person. The entry of this Decree

will further the objectives of the ADA and will be in the best interests of the parties, thc

Charging Party, and the public.

NOW, TIIEREJ<'ORE, IT IS ORDERED, ADJUDGED AND DECREED THAT:

INJUNCTION AGAINST EMPLOYMENT DISCRIMINATION

5. Foresight and its omeers, agents, management employees (including supervisory

employees), successors, and assigns are hereby enjoined from engaging in any form of

employment discrimination prohibited by the ADA, including any form of retaliation against any

person because such person has opposed any practice prohibited by the ADA, filed a charge of

discrimination under the ADA, testified or participated in any marmer in any investigation,

proceeding, or hearing under the ADA, or asserted any rights under this Decree.

MONETARY RELIEF

6. Subject to the terms and conditions of this Decree, Foresight shall make payments

("Payments") to the Charging Party in the following amounts, with appropriate deductions made

from the portions of the Payments designated as backpay:

backpay - $10,000,

damages - $29,000 2

The portion of the Payments designated as backpay will be subject to required tax withholdings and deductions, for whieh Foresight will issue an IRS Form W~2 to the Charging Party. Foresight may not deduct the employer's portion of applicable payroll taxes from the Payments. Foresight will issue an IRS Form 1099 to the Charging Party for the portion ofthe Payments designated as damages.
7. No later than ten (10) business days after entry of this Decree and receipt by Foresight of a copy of the Release Agreement executed by the Charging Party (in the form sel forth in Exhibit A 10 this Decree), whichever is later, Foresight shall issue and mail to the Charging Party, by certified mail, a eheck for backpay and a check for damages, in the amounts specified in Paragraph 6 (less required tax withholdings and deductions). Contemporaneously, Foresight shall submit copies of the above-noted checks to the EEOC. If any portion of the Payments is not issued and mailed within ten (10) business days ("unpaid amounl"), then, for each business day beyond the tenth business day that sueh portion remains unpaid, Foresight shall additionally pay to the Charging Party, in the manner set forth above, an amount equal to the greater of $50 or 0.1 % of the unpaid amount.
POSTING OF NOTICE 8. No later than ten (10) business days after approval and entry of this Decree, Foresight shall post copies of the Notice attached as Exhibit B to this Decree at its Lake Zurich, Illinois office, on the bulletin boards usually used by Foresight for posting notices directed to employees. The Notic~ shall remain posted for eighteen (18) months from the date of entry of this Decree. Foresight shall take all reasonable steps to ensure that the posting is not altered, defaced or covered by any other material. No later than ten (i 0) business days after entry of this
3

Decree, Foresight shall certify to the EEOC in writing that the Notice has been properly posted,

and shall provide a list of the facilities (including addresses) at which the Notice has been posted.

Foresight shaH pem]it a representative of the EEOC to enter Foresight's premises for purposes of

verifying compliance with this Paragraph at any time during 110mlal business hours without prior

notice.

RECORD KEEPING

9.

During the period in which this Decree is effective, Foresight shall maintain and

make available lor in~pection and copying by the EEOC written records of every complaint or

report by an employee or applicant of disability discrimination, and records of every request by

an employee or applicant for accommodation of a disability. For each such complaint, report, or

request, such records shall include: (i) the name or the complaining, reporting, and/or requesting

person (including social security number, address, and telephone number); (ii) the date ofthe

complaint, report, or request; (iii) a written description of what was alleged or requested;

(iv) the names of any witnesses; (v) with respect to a complaint or report of disability

discrimination, a written description of the resolution or outcome of the complaint or report,
including a description of what actions, i rany, Foresight took; (vi) with respect to requests for

reasonable accommodation, whcthcr the requested accommodations were granted, granted with

modi Ikation, or denied, reason(s) for denial if accommodations were denied, and the status of

the employee or applicant who made the request; and (vii) if the complaint, report, or request

was made in written foml, a copy thereof.

10. Foresight shall roquire personnel within its employ whom the EEOC requests for

purpose~ of verifying compliance with this Decree to cooperate reasonably with the EEOC and

to be interviewed. 4

". ADOPTION. POSTING. AND DISTRIBUTION OF POLICY AGA[NST EMPLOYMENT DISCRIMINATION
11" Foresight shall affirm in writing its policy againsl employment discrimination ("Policy") within thirty (30) calendar days after the approval and entry of this Decree and shall maintain such Policy for the duralion of this Decree. Conullencing no later than sixty (60) calendar days after the approval and entry of this Decree, Foresight shall distribute a copy of said Policy to each employee of Foresight. Additionally:
(a) The Policy shall, at a minimum, specifically prohibil all forms of discrimination prohibiled by the ADA.
(b) The Policy will also, at a minimum, inform employees that they are entitled to make complaints or reporls of unlawful employment discrimination to Foresight and lo the EEOC.
(e) The Policy shall, at a minimmll, inform employees that Foresight will investigate thoroughly and promptly all complaints and reports oftmlawful employment discrimination and shall provide that employees who violate the Policy are subject to discipline up to and including discharge.
(d) Copies of the Policy will be provided to new employees at the lime lhallhey start work for Foresight.
Foresight shall forward a copy of the Policy to the EEOC within thirty (30) calendar days of the approval and entry of this Decree. The inclusion of this Paragraph in the Decree does not represenllhe EEOC's or the Court's approval of Foresight's anti-discrimination policy.
TRAINING [2. Within ninety (90) days ofthe entry of this Decree, all of Foresighl's employees, including all supervisors and managers, shall parlicipate in a training session or sessions,
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"
conduded by a trainer paid for by Foresight and approved by the EEOC, regarding the law pertaining to employment discrimination, including Titles I and V ofthe ADA. A registry of attendance shall be maintained for each training session.
13. Foresight shall obtain the EEOC's approval of its proposed trainer prior to the commencement of the training sessions described in Paragraph 12. The EEOC shall not umeasonably withhold its approval. Foresight shall submit the name, address, telephone number, resume and training proposal of the proposed trainer to the EEOC at least twenty (20) business days prior to the proposed date of each training, The EEOC shall have five (5) business days from the date of receipt of the information described above to accept or reject the proposed trainer. In the event the EEOC does not approve Foresight's designated trainer, Foresight shall have five (5) business days to identify an alternate trainer. The EEOC shall have five (5) business days from the date of receipt of the information described above to accept or reject the alternate trainer. If the parties cannot through this process agree on a trainer, then they may seek the Court's assistance under Paragraph 16.
14. Foresight shall certify to the EEOC in writing no later than five (5) business days after the training session(s) described in Paragraph 12 that the training required by this Decree has taken place and that the required personnel have attended. The certification of training described in this Paragraph shall include: (i) the date, location and duration of the training; (ii) a copy of the registry of attendance, which shall include the name and position of each person trained; and (iii) copies of ,my and all pamphlets, brochures, outlines or other written materials provided or displayed to the personnel attending the training sossion(s),
REPORTING 15. Foresight shall furnish to the EEOC the following written reports semi-annually
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------------------------------------.
("Semi-Arumal Report") during the period in which this Decree is effective. The first SemiAnnual Report shall be due six (6) months aner entry of the Decree. Subsequent Semi-Annual Reports shall be due every six (6) months thereafter, except that final Semi-Annual Report shall be due one month prior to the expiration of the Decree. Each such Semi-Annual Report shall contain:
(a) copies of all records described in Paragraph 9 for each complaint or report of disability discrimination and each request for accommodation of a disability that was received by Foresight during the six (6) month period preceding the Semi-Annual Report, or a certification by foresight that no such complaints, reports, or requests were received during that period; and
(b) a certification by Foresight that the Notice required to be posted in Paragraph S, above, remained posted properly in each of Foresight's facilities during the entire six (6) month period preceding the Semi-Annual Report.
DISPUTE RESOLUTION 16. If during the term or this Decree either party to this Decree believes that the other party has failed to comply with any proyision(s) of the Decree, the complaining party shall notify the other party 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 n(lt remedied the alleged non-compliance or satisfied the complaining party that it has complied within tcn (10) business days, the complaining party may apply to the Court for appropriate relief.
DURATION OF TIlE DECREE AND RETENTION OF JURISDICTION 17. All provisions of this Decree shall be in elred (and the Court will retain jmisdiction of this matter to enforce this Decree) for a period of eighteen (18) months
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'.
immediately following the approval and entry of the Decree, provided, however, that if, at the end of that period, any disputes under Paragraph 16, above, remain unresolved, the term of the Decree shall be automatically extended (and the Court will retain jurisdiction of this matter to enlorce the Decree) until such time as all such disputes have been resolved.
MISCELLANEOUS PROVISIONS 18. Each party to this Decree shall bear its own expenses, attorney's tees, and costs, 19. The terms of this Decree are and shall be binding on the present and future directors, officers, managers, agents, successors, and assigns of Foresight. Foresight shall provide prior written notice to any potential purchaser of Foresight's business, or a potential purchaser of all or a substantial portion of Foresight's assets, and tn any other potential successor, of: (i) this action by the EEOC against foresight; (ii) the allegations raised in the Complaint filed in this action; and (iii) the existence and contents of this Decree, 20. When this Deere" requires a eertilieation by Foresight of any lact(s), such certification shall be made under oath or penalty of perjury by an officer or management employee of Foresighl. 21. When this Decree requires the submission by Foresight of reports, certifications, notices, or other materials to the EEOC, they shall be mailed to: Foresight Consent Decree Compliance, Justin Mulaire, Equal Employment Opportunity Commission, 500 West Madison Street, Suite 2800, Chicago, Illinois, 60661. When this Decree requires submission by the EEOC of materials to Foresight, they shall be mailed to: Samuel Erkonen, Howe & Hutton, Ltd" 20 N. Wacker Dr., Chicago, II, 60606-9833.
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._-- - _ . _ - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - "

ENTERED AND APPROVED FOR:

For the UNITED STATES EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

For FORESIGHT INTERNATIONAL, INC.,

JAMES LEE Deputy General Counsel
GWENDOLYN YOUNG REAMS Associate General Counsel

Counsel to Foresig
Howe & Hutton, Lt .
20 N. Wacker Dr. Chicago,IL 60606-9833 312-263-3001

UNITED STATES EQUAL EMPLOYMENT

OPPORTUNITY COMMISSION

500 West . ison Street, Suite 2800

Chi , I '

1

31 3-'y<'JI"!

DATE: _3_\-,--d--_l_l,o~_
9

EXHIBIT A
RELEASE AGREEMENT
In consideration of $39,000 to be paid to me by Foresight International, Inc., in connection with the resolution of EEOC v. Foresight International, Tne., No. 06 C 5139 (N.D.Ill.), I waive my right to recover for any claims of employment discrimination arising under the Americans with Disabilities Act of 1990 that I had against Foresight International, Inc., on or before the date of this release and that were inc! uded in the claims in EEOC's complaint in EEOC v. Foresight International, Inc.

Signature:_ _ _ _ _ _ _ _ _ _~ Br~nt Shiver

Date: ____________

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EXHIBIT B

NOTICE TO FORESIGHT INTERNATIONAL RMPLOYERS

This Notice is bcing posted pUTsuantto a Consent Decree entered by the federal court in the Northern District ofI1linois in EEOC v. Foresight International, Inc., No. 06 C 5139 (N.D.lll.), resolving a lawsuit filed by the United States Equal Employment Opportunity Commission ("EEOC") against Foresight International, Inc. ("Foresight").

In its suit, the EEOC alleged that Foresight violated the Americans with Disabilities Act of 1990 ("ADA") by discharging an employee because of that employee's disability.

To resolve the case, Foresight and the EEOC have entered into a Consent Decree which provides, among other things, that:

1) Foresight will make a total of $39,000 in monetary payments to the individual who was affected by the alleged violations of the ADA.

2) Foresight will not discriminate against any employee or applicant on the basis of disability or because that employee or applicant requests an accommodation of a disability.

3) Foresight will not retaliate against any person because he or she makes or files a complaint of discrimination, opposes any discriminatory practice prohibited by the ADA, participates in any ADA proceeding, or asserts any rights under the Consent Decree; and

4) Foresight will maintain and distribute to all employees a policy prohibiting discrimination and will train all of its employees, including managers and supervisors, regarding prohibited discrimination and Foresight's policy.

The EEOC is the federal agency that enforces the nation's laws prohibiting discrimin<ltion in employment b<lsed on r<lce, color, sex (including sexual harassment and pregnancy), rdigion, national origin, age, disability, and retaliation. Further information about the EEOC and these laws is available on the EEOC's web site at www.eeoc.gov. If you believe you have been subjected to unlawful discrimination, you may contact the EEOC by phone at 312-353-8195, or by TTY at 312-353-2421. The EEOC charges no fees.

THIS IS AN OFFICIAL NOTICE AND MUST NOT BE DEFACED BY ANYONE This Notice must remain posted for three 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: Foresight Consent Decree, EEOC, 500 West Madison Street, Suite 2800, Chicago, IL 60661.

~\ d-\~
Date'

t)t,,~~udge '.
U United

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CASREF, COLE, TERMED
United States District Court Northern District of Illinois - CM/ECF LIVE, Ver 3.0 (Chicago)
CIVIL DOCKET FOR CASE #: 1:06-cv-05139

United States Equal Employment Opportunity Commission v. Foresight International, Inc. Assigned to: Honorable Jeffrey Cole Cause: 42:12101 Americans with Disabilities Act

Date Filed: 09/22/2006 Date Terminated: 03/28/2007 Jury Demand: Plaintiff Nature of Suit: 445 Civil Rights: Americans with Disabilities - Employment Jurisdiction: U.S. Government Plaintiff

Plaintiff
United States Equal Employment Opportunity Commission

represented by Justin Mulaire U.S. Equal Employment Opportunity Commission 500 West Madison Suite 2800 Chicago, IL 60661 312-353-7722 Fax: 312-353-8555 Email: justin.mulaire@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Gregory M. Gochanour United States Equal Employment Opportunity Commission 500 West Madison Street Suite 2800 Chicago, IL 60661 (312) 886-9124 Email: gregory.gochanour@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

V.

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Defendant Foresight International, Inc.

represented by Samuel John Erkonen Howe & Hutton, Ltd. 20 North Wacker Drive Suite 4200 Chicago, IL 60606-9833 (312) 263-300l Email: sje@howehutton.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Nathan J. Breen Howe & Hutton, Ltd. 20 North Wacker Drive Suite 4200 Chicago, IL 60606-9833 (312) 263-300l Email: njb@howehutton.com ATTORNEY TO BE NOTICED

Date Filed 09/22/2006 09/22/2006 09/22/2006 09/22/2006 09/25/2006 11/01/2006 11/03/2006
11/21/2006

#

Docket Text

1 COMPLAINT filed by United States Equal Employment Opportunity Commission; Jury Demand.(vkd, ) (Entered: 09/25/2006)
2 CIVIL Cover Sheet (vkd, ) (Entered: 09/25/2006)
3 ATTORNEY Appearance for Plaintiff United States Equal Employment Opportunity Commission by Gregory M. Gochanour. (vkd, ) (Entered: 09/25/2006)
4 ATTORNEY Appearance for Plaintiff United States Equal Employment Opportunity Commission by John C. Hendrickson. (vkd, ) (Entered: 09/25/2006)
5 ATTORNEY Appearance for Plaintiff United States Equal Employment Opportunity Commission by Justin Mulaire (Mulaire, Justin) (Entered: 09/25/2006)
6 WAIVER OF SERVICE returned executed by United States Equal Employment Opportunity Commission. Foresight International, Inc. waiver sent on 9/22/2006, answer due 11/21/2006. (Mulaire, Justin) (Entered: 11/01/2006)
7 MINUTE entry before Judge Joan B. Gottschall : Status hearing set for 11/29/2006 at 09:30 AM. Plaintiff is directed to advise the defendants of the status hearing forthwith. Parties are directed to discuss settlement of case, consent to proceed before the Magistrate Judge and a proposed discovery plan. (rj, ) (Entered: 11/03/2006)
8 ANSWER to Complaint by Foresight International, Inc.(Erkonen, Samuel) (Entered: 11/21/2006)

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11/21/2006 11/21/2006 11/21/2006 11/22/2006 11/22/2006 11/22/2006 11/29/2006 11/29/2006
11/29/2006 01/15/2007 01/16/2007
01/24/2007 01/24/2007

9 ATTORNEY Appearance for Defendant Foresight International, Inc. by Samuel John Erkonen Jonathan Howe (Erkonen, Samuel) (Entered: 11/21/2006)
10 ATTORNEY Appearance for Defendant Foresight International, Inc. by Samuel John Erkonen Nathan J. Breen (Erkonen, Samuel) (Entered: 11/21/2006)
11 ATTORNEY Appearance for Defendant Foresight International, Inc. by Samuel John Erkonen (Erkonen, Samuel) (Entered: 11/21/2006)
12 MOTION by Plaintiff United States Equal Employment Opportunity Commission for discovery schedule (AGREED MOTION) (Attachments: # 1 Exhibit A, proposed scheduling order)(Mulaire, Justin) (Entered: 11/22/2006)
13 NOTICE of Motion by Justin Mulaire for presentment of motion for discovery12 before Honorable Joan B. Gottschall on 11/29/2006 at 09:30 AM. (Mulaire, Justin) (Entered: 11/22/2006)
14 ATTORNEY Appearance for Defendant Foresight International, Inc. by Nathan J. Breen (Breen, Nathan) (Entered: 11/22/2006)
15 Pursuant to Local Rule 72.1, this case is hereby referred to the calendar of Magistrate Judge Jeffrey Cole for the purpose of holding proceedings related to discovery supervision and settlement conference.(rj, )Mailed notice. (Entered: 12/04/2006)
16 MINUTE entry before Judge Joan B. Gottschall : Enter Scheduling Order. Status hearing held. Motion by Plaintiff United States Equal Employment Opportunity Commission for discovery schedule 12 is granted. Discovery shall be initiated and completed by 3/16/07. Dispositive motions shall be served and filed no later than 21 days after the close of discovery, responses shall be filed 42 days after the close of discovery, replies in support shall be filed 56 days after the close of discovery. This case is referred to Magistrate Judge Cole for settlement conference and discovery supervision. Magistrate Judge Cole has complete authority to set or reset discovery cut off dates. Mailed notice (vkd, ) (Entered: 12/06/2006)
17 SCHEDULING ORDER. Signed by Judge Joan B. Gottschall on 11/29/06.(vkd, ) (Entered: 12/06/2006)
18 RESPONSE by Defendant Foresight International, Inc. to Request for Admissions (Erkonen, Samuel) (Entered: 01/15/2007)
19 MINUTE entry before Judge Jeffrey Cole: Initial status hearing set for 1/30/2007 at 8:30 A.M. before Magistrate Judge Cole in Courtroom 1838. All parties are directed to refer to Judge Cole's "Initial Joint Status Report Procedures", found on "www.ilnd.uscourts.gov" and to file status report as soon as possible. Mailed notice by judge's staff. (srb,) (Entered: 01/23/2007)
20 STATUS Report (initial, joint) and agreed scheduling request by United States Equal Employment Opportunity Commission (Mulaire, Justin) (Entered: 01/24/2007)
21 MINUTE entry before Judge Jeffrey Cole: On the request of the parties, initial status hearing set for 1/30/2007 is reset to 2/12/2007 at 8:30 A.M. Mailed and telephoned notice by judge's staff. (srb,) (Entered: 01/29/2007)

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02/12/2007 03/01/2007
03/14/2007 03/14/2007
03/20/2007 03/22/2007 03/22/2007 03/27/2007 03/28/2007

22 MINUTE entry before Judge Jeffrey Cole :Magistrate Judge Status hearing held and continued to 3/7/2007 at 08:30 AM. All discovery shall be completed by 4/20/2007. Advised in open court (jms, ) (Entered: 02/12/2007)
23 MINUTE entry before Judge Jeffrey Cole: Status hearing held on 3/1/2007. A settlement conference is set for 3/14/2007 at 7:00 A.M. The parties are directed to refer to Judge Cole's "Instructions for Settlement Conference", found on "www.ilnd.uscourts.gov" and comply with its directives before appearing at the settlement conference. Parties with authority to settle must be present at the conference. As provided in the instructions, plaintiff's counsel shall deliver copies of the settlement letters to chambers by no later than four(4) calendar days before the conference. Non-compliance with the 4-day Rule makes it difficult and often impossible for the conference to proceed effectively. Failure to comply with the 4-day Rule may necessitate cancellation of the conference. Mailed and telephoned notice by judge's staff. (srb,) (Entered: 03/02/2007)
24 JOINT CONSENT by parties to Exercise of Jurisdiction by a United States Magistrate Judge. (rp, ) (Entered: 03/21/2007)
28 MINUTE entry before Judge Jeffrey Cole :Settlement conference held on 3/14/2007. The case is settled. The parties consent to proceed before Magistrate Judge Cole. The parties are directed to file motion and order for consent judgment as soon as possible. All matter relating to the referral being resolved, the referral is hereby terminated. Judge Jeffrey Cole no longer referred to the case.Mailed notice (smm) (Entered: 03/27/2007)
25 EXECUTIVE COMMITTEE ORDER: Case reassigned to Judge Jeffrey Cole for and and all proceedings including entry of a final judgment in accordance with Local Rule 73.1(b). Signed by Executive Committee on 3/20/2007. (rp, ) (Entered: 03/21/2007)
26 MOTION by Plaintiff United States Equal Employment Opportunity Commission to approve consent judgment (AGREED MOTION) (Attachments: # 1 Exhibit 1, proposed consent decree)(Mulaire, Justin) (Entered: 03/22/2007)
27 NOTICE of Motion by Justin Mulaire for presentment of motion to approve consent judgment26 before Honorable Jeffrey Cole on 3/27/2007 at 08:30 AM. (Mulaire, Justin) (Entered: 03/22/2007)
30 CONSENT DECREE. Signed by Judge Jeffrey Cole on 3/27/07.(vkd, ) (Entered: 03/30/2007)
29 MINUTE entry before Judge Jeffrey Cole : The agreed motion for entry of consent decree 26 is granted; Civil case terminated. Mailed notice (vkd, ) (Entered: 03/30/2007)

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 IN THE UNITED STATES DISTRICT COURT "'OR THE NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION

UNITED STATES EQUAL EMPLOYMENT )

OPPORTUNITY COMMISSION,

)

)

PlllintitT,

)

)

v.

)

)

FORESIGHT INTERNATIONAL, INC.,

)

)

Defendant.

)

E'LED

) )

06CV5139 JUDGE GOTTSCHALL MAG. JUDGE COLE
JURY TRIAL DEMAND

.• nr 222006
QlDMIlC.HUA.IIL. .DWII.TDIUOC.T.,cNoIuRT

COMPLAINT

NATURE OF Tm: ACTION

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

"ADA"), 42 U.S.C. § 12101 et seq., to correct unlawful employment practices on the basis of

disability, and to provide appropriate relief to Brent Shiver ("Shiver"), who was adversely

alreeled by such practices. As alleged below, Defendant Foresight International, Inc.

("Defendant" or "Foresight") discharged Shiver, a qualified individual with a disability,

deafness, because of his disability.

JURISDICTION AND VENUE I. 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) oCthe ADA, 42 U.S.C. § 12117(a), which incorporates by reference Section 706(t)(1) and (3) of Title VII of
I

the Civil Rights Aet of 1964, ("Title VII"), 42 U.S.C. § 2000e-5(t)(I) and (3), Section 102 of the Civil Rights Act of 1991, 42 U.S.C. § 1981a.
2. The employment practices hereafter alleged to be unlawful were and are now being committed within thc jurisdiction oftlle Northern District of ll1inois, Eastern Division.
PARTIES AND OTHER PERONS 3. Plaintiff Equal Employment Opportunity Commission ("Plaintiff' or "Commission") is the agency of thc United States of America charged with the administration, interpretation and enforcement of Title I oflhe ADA and is expressly authorized to bring this action by Sec!ionl 07(a) of the ADA, 42 U.S.C. § 12117(a), which incorporates by reference Section 706(f)(1) and (3) ofTitle VII, 42 U.S.C. § 2000e-5(f)(i) and (3). 4. Defendant Foresight is an Illinois corporation. At all relevant times, Foresight has continuously been and is now a corporation doing business in Lake County, Tllinois, and has continuously had and does now have at least fifteen (15) employees. 5. At all relevant times, Foresight has continuously been and is now an employer engaged in an industry affecting commerce within the meaning of Section 101(5) of the ADA, 42 U.S.C. § 12111(5), which incorporates by reference Sections 701 (g) and (h) of Title VII, 42 U.S.C. §§ 2000e(g) and (h). 6. At all relevant times, Foresight has been a covered entity under Section 101(2) of the ADA, 42 U.S.C. §12111(2). 7. At all relevant times, Shiver was a qualified individual with a disability within the meaning of Section 101(8) of the ADA, 42 U.S.c. §12111(8).
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STATEMENT OF CLAIMS

8.

More than thirty (30) days prior to the institution ofthis lawsuit, Shiver filed a

Charge with the Commission alleging a violation of Title I ofthe ADA by Foresight. All

conditions precedent to the institution of this lawsuit have been fulfilled.

9. Since at least February 2002, Foresight has engaged in and is continuing to

engage in unlawful employment practices at its facilities in and around Lake Zurich. Illinois, in

violation ol"Title I ol"lhe ADA, 42 U.S.C. §12112(a) and (b). These practices include, but are

not limited to discharging Shiver because of his disability.

10. The effect of the practices complained of above has been to deprive Shiver of

equal employment opportunities and otherwise adversely affect his status as an employee

because of his disability, in violation ofTitle I of the ADA, 42 U.S.c. § 12112.

II. The unlawful enlployment practices complained of above in Paragraph 9 were

and are intentional.

12. The unlawful employment practices complained of above in Paragraph 9 were

and are done with malice andlor reckless indifference to tile federally protected rights of Shiver.

PRAYER FOR RELIEF

WHEREFORE, the Commission respectfully prays that this Court:

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

and all persons in active concert or participation with it, from engaging in any employment

practice tllat violates Title I of the ADA.

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

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eradicate the effects of its past and present unlawful employment practices; C. Order Forcsight to make Shiver whole by providing appropriate back pay with
prejudgment interest, in amounts to be proved at trial, and other affirmative relief necessary to eradicale the eflecls of its unlawful employment praclices, including righlful-place reinstatement of Shiver;
D. Order Defendant to make Shiver whole by providing compensation for past and future pecuniary losscs;
E. Order Defendant to make Shiver whole hy providing compensation for past and future nonpecuniary losses, including emotional pain, suffering, loss of enjoyment of life and humiliation;
F. Order Defendant to pay Shiver punitive damages for its intentional, malicious and/or reckless conduct, in an amount to be determined at trial;
G. Grant such further relief as the Court deems necessary and proper; and H. Grant the Commission its costs in this aClion.
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,JURY TRIAL DEMAND The Commission requests a jury trial on all issues of fact raised by its Complaint.
Respectfully submitted, RONALD COOPER General Counsel JAMES LEE Deputy General Counsel GWENDOLYN YOUNG REAMS Associate General Counsel EQUAL EMPLOYMENT OPPORTUNITY
COMMISSION 1801 "L" Street, N.W. Washington, D.C. 20507
l John C. Hendrickson
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 500 West Madison Street, Suite 2800 Chicago, Illinois 60661 312-353-7722
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