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

EQUAL EMPLOYMENT OPPORTUNITY )

COMMISSION,

)

Plaintiff,

)

)

)

)

SMURFIT-STONE CONTAINER CORP.

)

5996

)

Defendant.

)

JURY T~AL DEM~

)

NATURE OF THE ACTION

~ .~
C’~U

:5’ ~,

This is ~ action under Title VII of the Civil Rights Act of 1964, as amen~, 42 ~S.C2~

2000e et se~ ("Title V~"), and Title I of the Civil Rights Act of 1991, 42 U.S.C. ~981~{t0 .~ co~ect unlawful emplo~ent practices on the basis of race ~d to provide appropriate relief to

Milton Parker, Ed Washington, Robert Ewen, Keyon Hayes, and a class of African American

employees who were adversely affected by such practices.

JURISDICTION AND VENUE

1. This action is brought by the United States Equal Employment Opportunity

Commission to enforce the provisions of Title VII of the Civil Rights Act of 1964, as amended,

42 U.S.C. § 2000e et seq.

2. This action is authorized and instituted pursuant to § 706(0(1) and § 706(0(3) of Title VII, as amended, 42 U.S.C. §2000e-5(f)(1) and §2000e-5(f)(3), and § 102 0fthe Civil Rights Act

of 1991, 42 U.S.C. § 1981A.

3. This court has jurisdiction of this action pursuant to 28 U.S.C. §§ 451, I331, 1337,

1343, and 1345.

4. The unlawful acts alleged below were and are now being committed within the

jurisdiction of the United States District Court for the Northern District of Illinois, Eastern

Division.

2
PARTIES 5. Plaintiff, Equal Employment Opportunity Commission ("EEOC" or the "Commission"), is an agency of the United States of America charged with the administration, interpretation, and enforcement of Title VII, and is expressly authorized to bring this action by § 706(0(1) and (3) of Title VII, 42 U.S.C. 82000e-5(f)(1) and (3). 6. At all relevant times, Defendant Smurfit-Stone Container Corp. has continuously been a corporation doing business in the State of Illinois and the Village of Hanover Park. 7. At all relevant times, Smurfit-Stone Container Corp. has continuously had at least fifteen (15) employees. 8. At all relevant times, Smurfit-Stone Container Corp. has continuously been an employer engaged in an industry affecting commerce within the meaning of Sections 701(b), (g) and (h) of Title VII, 42 U.S.C. 88 2000e(b), (g) and (h).
STATEMENT OF CLAIMS 9. More than thirty (30) days prior to the institution of this lawsuit, Milton Parker, Ed Washington, Robert Ewen, and Keyon Hayes filed charges of discrimination with the Commission alleging violations of Title VII by Smurfit-Stone Container Corp. 10. All conditions precedent to the institution of this lawsuit have been fulfilled. 11. Since at least 2000, Defendant has engaged in unlawful employment practices at its Hanover Park, Illinois, facility in violation of 8703(a) of Title VII, 42 U.S.C. 8 2000e-2(a). Such unlawful employment practices have included subjecting Parker, Washington, Ewen, Hayes, and a class of African American employees to racial harassment and failing to use reasonable care to prevent and correct promptly such acts of racial harassment. 12. The result of the practices complained of in paragraph 11 has been to deprive Milton Parker, Ed Washington, Robert Ewen, Keyon Hayes, and a class of African American employees of equal employment opportunities and otherwise adversely affect their status as employees because of their race. 13. The unlawful employment practices complained of above were intentional.

-3-
14. The unlawful practices complained of above were done with malice or with reckless indifference to the federally protected rights of Parker, Washington, Ewen, Hayes, and a class of African American employees.
PRAYER FOR RELIEF WHEREFORE, the Commission requests that this Court: A. Grant a permanent injunction enjoining Defendant, its officers, successors, assigns, and all persons in active concert or participation with it, from engaging in any employment practices which discriminate on the basis of race; B. Order Defendant to institute and carry out policies, practices and programs which provide equal employment opportunities for its employees regardless of race, and which eradicate the effects of its unlawful employment practices; C. Order Defendant to make whole Milton Parker, Ed Washington, Robert Ewen, Keyon Hayes, and a class of African American employees by providing compensation for past and future pecuniary losses resulting from those unlawful employment practices, including medical expenses, in amounts to be determined at trial; D. Order Defendant to make whole Milton Parker, Ed Washington, Robert Ewen, Keyon Hayes, and a class of African American employees by providing compensation for past and future non-pecuniary losses resulting from those unlawful employment practices, including emotional pain, suffering, loss of enjoyment of life, humiliation, and inconvenience, in amounts to be determined at trial; E. Order Defendant to pay Milton Parker, Ed Washington, Robert Ewen, Keyon Hayes, and a class of African American employees punitive damages for its malicious and reckless conduct in amounts to be determined at triM. F. Prohibit Defendant from discriminating against any individual for engaging in protected activity under Title VII of the Civil Rights Act of 1964, or for opposing practices made unlawful by Title VII, or for participating in this lawsuit; G. Grant such further relief as this Court deems necessary and proper in the public

-4interest; and
H. 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 Emn~yment Opportunity Commission 1801 "L/~..~t, N.W. ’ /~

/

.lohr] C.YHe~d~ckson

"

~s~’~)}i~ttorney
Richar’d~.~rizek Trial Attorney
Equal Employment Opportunity Commission 500 West Madison Street, Suite 2800 Chicago, Illinois 60661 (312) 886-9078

Civil Cover Sheet

Page 1 of 2

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF ILLINOIS
Civil Cover Sheet
This automated JS-44 conforms generally to the manual 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 ~ it1 the Northern District of Illinois.

Plaintiff(s): EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

Defendant(s):SMURFIT-STONE CONTAINER CORPORATION

County of Residence:

County of Residence:

Plaintiffs Arty: Richard J. Mrizek

Defendant’s Atty: ~ dlJDG~ AMY ST. EVE

Equal Employment Opportunity

Commission

500"W. Madison, Suite 2800

Chicago, IL 60661 312-886-9078

04C 5996

II. B_a_sis of Jurisdiction: ~2")U.S. Gov’t Plaintiff
III. Citizenship of PrinciBal~ Parties (Diversity Cases Only)
Plaintiff:- N/A Defendant:- N/A

MAGISTIUkTE JUDGE SCHENKIER

IV. Orig~ "

1. Original Proceeding

V. Nature of Suit:

~

ployrnent

.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 unlawful employment practices on the basis of race.

VII. Req.uested in Complaint Class Action:

Dollar Demand:

Jury Demand: Yes

VIII. This case IS_NOT a refi~ of a previously dismissed case.

........

Signature: Date:

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

In the Matter of

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION

Equal Employment Opportunity Commission v

JUDGE AMY ST. EVE
Case Number:

Smurfit-Stone Container Corporation .......

0 :" . ,9- 9
APPEARANCES ARE HEREBY FILED BY THE UNDERSIGNED AS ATTORNEY(S) ]FOR:

U.S. EQUAL.EMPLOYMENT OPPORTUNITY COMMISSION

¯

~UDGE SC~ENE&~ER

(A)

SIGNATURE (~ ~

NA--E Richard }.-~ri~ek - ~-
/
~’~ Equal Employment Opportunity CommissioI~ ~l~ Equal Employment Opportunity Commission

500 W. Madison, Suite 2800

STREETADU~SS 500 W. Madison, Suite 2800

CITY/S’fATEf~IP Chicago, IL 60661

CITY/STATE,’Z [P Chicago, IL 60661

TELEPHONE NUMBER
312-886-9075
E-MAIL ADDRESS

[ FAX NUMBER
312-353-8555

TELEPHONENUMBER
312-886-9124
E-MAIL ADDRESS

I FAX NUMBER
] 312-353-8555

IDENTI FICATION NUMBER (SEE ITEM 4 ON REVERSE)
ARDC No. 06237730

MEMBER OF TRIAL BAR?

YES []

NO

[]

IOENTIFICAT[ON NUMBER (SEE ITEM a OH REVERSE)
ARDC No, 06210804

MEMBERO~T~L~AR?

yes

[] .o []

TRIAL ATTORNEY?

YES []

NO

[]

TRIAL ATTORNEY?

I/.

DESIGNATED AS LOCAL COUNSEL?

~///) ,/( 91/ // /! //// ,

I / I/////,

P J&n !. ~e~i~son" " - " NAME

FIRM
Employment Opportunity Commission

;00 W. Madison, Suite 2800
CITY/STATEfZIP
Chicago, IL 60661

STREET ADDRESS CITY/STATEZZIP

TELE3P1H2O-N3E5N3U-M8I5IE5R1
E-MAIL ADDRESS

FAX NUMBER
I 312-353-8555

TELEPHONENUMBER E-MAlL ADDRESS

YES

[]

YES

[]

(n)

NO [] NO []

IDENTIFICATION NUMBER (SEE ITEM 4 ON REVERSE)

MEMBER OF TRIAL BAR? TRIAL A’VFORNEY? DESIGNATED AS LOCAL COUNSEL?

YES [] YES [] YES []

NO

[]

NO

[]

NO

[]

IDENTIFICATION NUMBER (SEE ITEM 4 ON ~RSE)
MEMOER O~ TR~L BAR?

TRIAL ATrORNEY?

YES

DESIGNATED AS LOCAL COUNSEL?

YES

[] NO [] [] NO []

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

EQUAL EMPLOYMENT OPPORTUNITY )

COMMISSION,

)

)

Plaintiff,

)

)

v.

)

)

JEFFERSON SMURFIT CORP. (US.),

)

)

Defendant.

)

)

04 C 5996 Judge Amy St. Eve

NOTICE OF FILING

TO: Keith A. Dorman, Esq. McGuire Woods 77 West Wacker Drive Suite 4100 Chicago, Illinois 60601-1815

Jerrod V. Olszewski, Esq. Katz Friedman 77 W. Washington 20th Floor Chicago,. Illinois 60602

Please take notice that Plaintiff EEOC, pursuant to leave granted, has filed its FIRST AMENDED COMPLAINT with the United States District Court for the Northern District of Illinois on November 4, 2004.

Date: November 4, 2004

Trial Attorney United States Equal Employment Opportunity Commission 500 West Madison Street, Suite 2800 Chicago, IL 60661 (312) 886-9078

CERTIFICATE OF SERVICE
Richard J. Mrizek, an attorney, hereby certifies that he caused a copy of foregoing PLAINTIFF EEOC'S AMENDED COMPLAINT SUBSTITUTING JEFFERSON SMURFIT CORP. (U.S.) FOR SURMIT-STONE CONTAINER CORP AS THE DEFENDANT to be delivered by facsimile and first class mail on November 4, 2004, to counsel of record at the address below:
Keith A. Dorman, Esq. McGuire Woods
77 West Wacker Drive Suite 4100
Chicago, Illinois 60601-1815 (312) 920-6186
Jerrod V. Olszewski, Esq. Katz Friedman
77 W. Washington 20th Floor
Chicago, IL 60602 72-5555
2

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

EQUAL EMPLOYMENT OPPORTUNITY )

COMMISSION,

)

)

Plaintiff,

)

)

v.

)

)

JEFFERSON SMURFIT CORP. (US.),

)

)

Defendant.

)

)

CIVIL ACTION NO. 04 C 5996

FIRST AMENDED COMPLAINT

NATURE OF THE ACTION

This is an action under Title VII ofthe 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 unlawful employment practices on the basis of race and to provide appropriate relief to Milton Parker, Ed Washington, Robert Ewen, Keyon Hayes, and a class of African American employees who were adversely affected by such practices.
JURISDICTION AND VENUE I. This action is brought by the United States Equal Employment Opportunity Commission to enforce the provisions of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e et seq. 2. This action is authorized and instituted pursuant to § 706(t)(1) and § 706(f)(3) of Title VII, as amended, 42 U.S.C. §2000e-5(f)(l) and §2000e-5(f)(3), and § 102 of the Civil Rights Act of 1991, 42 U.S.C. § 1981A. 3. This court has jurisdiction of this action pursuant to 28 U.S.C. §§ 451, 1331, 1337, 1343, and 1345. 4. The unlawful acts alleged below were and are now being committed within the jurisdiction of the United States District Court for the Northern District of Illinois, Eastern

-2-
Division. PARTIES
5. Plaintiff, Equal Employment Opportunity Commission ("EEOC" or the "Commission"), is an agency of the United States of America charged with the administration, interpretation, and enforcement of Title VII, and is expressly authorized to bring this action by § 706(f)(1) and (3) ofTitle VII, 42 U.S.C. §2000e-5(f)(I) and (3).
6. At all relevant times, Defendant Jefferson Smurfit Corp. (U.S.), a wholly-owned subsidiary of JSCE, Inc, which is a wholly-owned subsidiary of Smurfit-Stone Container Corp., has continuously been a corporation doing business in the State of Illinois and the Village of Hanover Park.
7. At all relevant times, Jefferson Smurfit Corp. (U.S.) has continuously had at least fifteen (15) employees.
8. At all relevant times, Jefferson Smurfit Corp. (U.S.) has continuously been an employer engaged in an industry affecting commerce within the meaning of Sections 701 (b), (g) and (h) ofTitJe VII, 42 U.S.C. §§ 2000e(b), (g) and (h).
STATEMENT OF CLAIMS 9. More than thirty (30) days prior to the institution ofthis lawsuit, Milton Parker, Ed Washington, Robert Ewen, and Keyon Hayes filed charges of discrimination with the Commission alleging violations of TitJe VII by Jefferson Smurfit Corp. (U.S.) 10. All conditions precedent to the institution ofthis lawsuit have been fulfilled. 11. Since at least 2000, Defendant has engaged in unlawful employment practices at its Hanover Park, Illinois, facility in violation of §703(a) of Title VII, 42 U.S.C. § 2000e-2(a). Such unlawful employment practices have included subjecting Parker, Washington, Ewen, Hayes, and a class of African American employees to racial harassment and failing to use reasonable care to prevent and correct promptly such acts of racial harassment. 12. The result of the practices complained of in paragraph 11 has been to deprive Milton Parker, Ed Washington, Robert Ewen, Keyon Hayes, and a class of African American employees

-3-
of equal employment opportunities and otherwise adversely affect their status as employees because of their race.
13. The unlawful employment practices complained of above were intentional. 14. The unlawful practices complained of above were done with malice or with reckless indifference to the federally protected rights of Parker, Washington, Ewen, Hayes, and a class of African American employees.
PRAYER FOR RELIEF WHEREFORE, the Commission requests that this Court: A. Grant a permanent injunction enjoining Defendant, its officers, successors, assigns, and all persons in active concert or participation with it, from engaging in any employment practices which discriminate on the basis of race; B. Order Defendant to institute and carry out policies, practices and programs which provide equal employment opportunities for its employees regardless of race, and which eradicate the effects of its unlawful employment practices; C. Order Defendant to make whole Milton Parker, Ed Washington, Robert Ewen, Keyon Hayes, and a class of African American employees by providing compensation for past and future pecuniary losses resulting from those unlawful employment practices, including medical expenses, in amounts to be determined at trial; D. Order Defendant to make whole Milton Parker, Ed Washington, Robert Ewen, Keyon Hayes, and a class of African American employees by providing compensation for past and future non-pecuniary losses resulting from those unlawful employment practices, including emotional pain, suffering, loss of enjoyment of life, humiliation, and inconvenience, in amounts to be determined at trial; E. Order Defendant to pay Milton Parker, Ed Washington, Robert Ewen, Keyon Hayes, and a class of African American employees punitive damages for its malicious and reckless conduct in amounts to be determined at trial. F. Prohibit Defendant from discriminating against any individual for engaging in

-.,
-4protected activity under Title VII of the Civil Rights Act of 1964, or for opposing practices made unlawful by Title VII, or for participating in this lawsuit;
G. Grant such further relief as this Court deems necessary and proper in the public interest; and
H. 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 1801 "L" Street, N.W. W 'ngton, D.C. 0507
~.
Richar J rizek Trial Attorney Equal Employment Opportunity Commission 500 West Madison Street, Suite 2800 Chicago, Illinois 60661 (312) 886-9078

 
 - - - - - --'-~-,

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

EQUAL EMPLOYMENT OPPORTUNITY )

COMMISSION,

)

)

Plaintiff,

)

)

)

MILTON PARKER, KEYON HAYES,

)

ROBERT EWEN, AND ED WASHINGTON, )

)

Plaintiffs-Intervenors,

)

)

v.

)

)

JEFFERSON SMURFIT CORP. (U.S.),

)

)

Defendant.

)

)

Case No. 04 C 5996
Judge St. Eve Magistrate Judge Schenkier

CONSENT DECREE

THE LITIGATION

1. Plaintiff Equal Employment Opportunity Commission (the "EEOC") filed this

action alleging that Defendant Jefferson Smurfit (U.S.) Corp. ("Jefferson Smurfit") violated

Section 703(a) of Title VII of the Civil Rights Act of 1964, as amended ("Title VII"), 42 U.S.C. §

2000e-2(a), by discriminating against African-American employees Milton Parker, Keyon Hayes,

Robert Ewen, Ed Washington ("Intervenors") on the basis of their race. Specifically, the EEOC

alleged that Defendant violated Title VII by fostering or tolerating a working environment that

was hostile to Intervenors, a class of four African-American employees. Defendant has denied

these allegations. The EEOC seeks relieffor Milton Parker, Keyon Hayes, Robert Ewen, Ed

Washington, who filed charges of discrimination. Milton Parker, Keyon Hayes, Robert Ewen,

Ed Washington have intervened in this action, by filing an intervening complaint and are represented by the law firm of Katz, Friedman, Eagle, Eisenstein & Johnson.
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 final\y resolved by entry of this Consent Decree (hereafter "Decree"). This Decree ful\y and final\y resolves any and all issues and claims arising out of the Complaint filed by the EEOC and the Complaint filed by Intervenors in this action, as well as the underlying charges, determinations, and amended determinations. This Decree is not an admission by any party of the claims or defenses of the others.
FINDINGS 3. Having carefully examined the terms and provisions of this Decree, and based on the pleadings, record, and stipulations ofthe parties, the Court finds the following:
a. This Court has jurisdiction of the subject matter of this action and ofthe parties.
b. The terms ofthis Decree are adequate, fair, reasonable, equitable, and just. The rights of EEOC, Jefferson Smurfit, Intervenors, 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, and the public.
NOW, THEREFORE, IT IS ORDERED, ADJUDGED AND DECREED THAT: -2-

INJUNCTION AGAINST RACE DISCRIMINATION 4. Jefferson Smurfit and its officers, agents, management, successors and assigns, are hereby enjoined from discriminating against employees at its Hanover Park, Illinois, facility on the basis of their race.
NON-RETALIATION 5. Jefferson Smurfit, 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.
MONETARY RELIEF 6. Jefferson Smurfit shall pay an aggregate of $120,000 to the Intervenors. Following the entry of this Consent Decree, Jefferson Smurfit shall tender payment to Katz, Friedman, Eagle, Eisenstein & Johnson, Intervenors' attorney, located at 77 W. Washington, 20th Floor, Chicago, IL 60602, in accordance with the terms ofthe releases, within fourteen (14) business days of Intervenors providing documentation and signatures required by the releases negotiated between Intervenors and Defendant through their counsel. Defendant shall also mail copies of these checks to the EEOC within five (5) business days of tendering payment to Katz, Friedman, Eagle, Eisenstein & Johnson. Defendant shall issue 1099 federal tax forms for the payments made by Defendant to Intervenors and their counsel.
POSTING OF NOTICE 7. Within ten (10) business days after entry of this Decree, Jefferson Smurfit shall
-3-

.... ----~.--~~~- - - - - - - - - - - - - - - - - -
post copies of the Notice attached as Exhibit A to this Decree at its Hanover Park, Illinois, facility on bulletin boards usually used by Jefferson Smurfit for communicating with employees. The Notice shall remain posted for two (2) years from the date of entry of this Decree. Jefferson Smurfit shall take all reasonable steps to ensure that the posting is not altered, defaced or covered by any other material. Jefferson Smurfit shall certify to the EEOC in writing within ten (10) business days after entry of the Decree that the Notice has been properly posted. Jefferson Smurfit shall permit a representative of the EEOC to enter Jefferson Smurfit's premises for purposes of verifying compliance with this Paragraph at any time between the hours of 9:00 a.m. and 5:00 p.m.
RECORD KEEPING 8. For a period of two (2) years following entry ofthis Decree, Defendant shall maintain records of each complaint of racial harassment made by its employees from its Hanover Park, Illinois, facility. Such records shall indicate the date the complaint was made, who made it, what was alleged, and what actions the Defendant took to resolve the matter. 9. Jefferson Smurfit shall make all documents or records referred to in Paragraph 8 above, available for inspection and copying within ten (10) business days after the EEOC so requests.
REPORTING 10. Jefferson Smurfit 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 of the Decree. The final report shall be due twenty-three (23) months after entry of the Decree. Each such report shall contain:
-4-

I. A summary of the information recorded by Jefferson Smurfit pursuant to Paragraph 8;
2. A certification by Jefferson Smurfit that the Notice required to be posted in Paragraph 7, above, remained posted during the entire six (6) month period preceding the report.
DISTRIBUTION OF POLICY AGAINST RACIAL HARASSMENT II. Jefferson Smurfit shall distribute its policy against racial harassment within twenty-one (21) days after the entry of this Consent Decree to each employee at its Hanover Park, Illinois, facility. The inclusion of Paragraph II in the Decree does not mean that EEOC or the Court approves of Jefferson Smurfit's anti-discrimination or anti-harassment policy. 12. Jefferson Smurfit shall distribute to all managers at its Hanover Park, Illinois, facility its procedure for investigation of racial harassment complaints. The procedure shall provide for thorough and prompt investigation of complaints of racial harassment. The inclusion of Paragraph 12 in the Decree does not mean that EEOC or the Court approves of Jefferson Smurfit's racial harassment investigation procedures.
TRAINING 13 During each of the two (2) years covered by this Decree, all employees at Jefferson Smurfit's Hanover Park, Illinois, facility shall participate in an annual training session by a trainer paid for by Jefferson Smurfit and approved by the EEOC regarding racial harassment. The first training shall take place within ninety (90) days of entry of this Decree. 14. Jefferson Smurfit shall obtain the EEOC's approval of its proposed trainer prior to the training session. Jefferson Smurfit shall submit the name, address, telephone number, resume and training proposal ofthe proposed trainer to the EEOC at least thirty (30) calendar
-5-

days prior to the proposed date(s) of the training. The EEOC shall have ten (10) 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 Jefferson Smurfit's designated trainer, Jefferson Smurfit shall have ten (10) business days to identify an alternate trainer. The EEOC shall have ten (10) 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.
IS. Jefferson Smurfit shall certify to the EEOC in writing within five (5) business days after the training has occurred that the training has taken place and that the required personnel have attended. Such certification shall include: (i) the date, location and duration of the training; and (ii) an attendance list, which shall include the name and position of each person in attendance.
DISPUTE RESOLUTION 16. 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 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 noncomplying 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 17. 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
-6-

- - - - - - - - - - - - ------------_.
following entry of the Decree, provided, however, that if, at the end of the two (2) year 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 enforce 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 and costs. The EEOC, Intervenors and Jefferson Smurfit shall bear their own attorneys' fees. 19. The terms of this Decree are and shall be binding upon the present and future representatives, agents, directors, officers, assigns, and successors of Jefferson Smurfit in their capacities as representatives, agents, directors and officers of Jefferson Smurfit. 20. When this Decree requires the submission by Jefferson Smurfit of reports, certifications, notices, or other materials to the EEOC, they shall be mailed to: Richard J. Mrizek, Equal Employment Opportunity Commission, 500 West Madison Street, Suite 2800, Chicago, Illinois, 60661. When this Decree requires submission by the EEOC of materials to Jefferson Smurfit, they shall be mailed to Keith A. Dorman, McGuire Woods, 77 West Wacker Drive, Suite 4100, Chicago, Illinois 60601-1815. 21. This Decree, together with the Releases negotiated between Intervenors and Defendant, constitutes the entire agreement among the Parties with respect to the matters discussed herein and it supersedes all negotiations, representations, comments, contracts, and writings prior to the date of this Consent Decree.
-7-

ENTERED AND APPROVED FOR: .
For the EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 1801 L Street, N.W. Washington, D.C. 20507
ERIC S. DREIBAND General Counsel
JAMES LEE Deputy General Counsel
GWENDOLYN YOUNG REAMS Associate General Counsel
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
500 West Madison Street Suite 2800 Chicago, Illinois 60661 (312) 886-9078
\.YT\\AV\ Q.~'IG~fJ.~1.
HN C. HENDRICKSON Reffnal Attorney
I ~ ~cclt~\.~lr P.U~ . GREGORY GOCHNONOUR
L~ey

For JEFFERSON SMURFIT McGuire Woods 77 West Wacker Drive Suite 4100
-1815
For MILTON PARKER, KEYON HAYES, ROBERT EWEN, AND ED WASHINGTON, Intervenors Katz, Friedman, Eagle, Eisenstein &
Johnson 77 W. Washington Street, 20th Floor Chicago, IL 60602 (3 2) 26 -63

RICHARD J. MRIZEK Trial Attorney

;21 DATE:

A.c\ \15

---t--JE£)~("'" t~~- - '- - f~----,---.---------->.2[, 105

The Honorable Amy St. Eve United States District Judge

-8-

EXHIBIT A

NOTICE TO ALL JEFFERSON SMURFIT EMPLOYEES

This Notice is being posted pursuant to a Consent Decree entered by the federal court in EEOC v. Jefferson Smurfit, resolving a lawsuit filed by the Equal Employment Opportunity Commission ("EEOC") against Jefferson Smurfit Corp. (U.S.)

In its suit, the EEOC alleged that Jefferson Smurfit fostered or tolerated a working environment that was hostile toward its African-American employees, in violation of Title VII of the Civil Rights Act of 1964 ("Title VII"). Jefferson Smurfit denied these allegations.

To resolve the case, Jefferson Smurfit and the EEOC have entered into a Consent Decree which provided, among other things, that:

I) Jefferson Smurfit has paid monetary relief to a class of four employees;

2) Jefferson Smurfit will not discriminate on the basis of race;

3) Jefferson Smurfit will not retaliate against any person because he or 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; and

4) Jefferson Smurfit will train all of its employees at its Hanover Park, Illinois, facility with respect to racial harassment.

The Consent Decree is not an admission by the EEOC or Jefferson-Smurfit of the claims or defenses of the other.

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 the 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

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: Jefferson Smurfit Settlement at

EEOC 500 West Madison Street, Suite 2800, C . ago, Illinois 60661.

ahloS

~. \"

Date

The Honora I y St. Eve

-9-

 
 CM/ECF LIVE, Ver 3.0 - U.S. District Court, Northern Illinois - Docket... https://ecf.ilnd.uscourts.gov/cgi-bin/DktRpt.pl?103346482102874-L_35...
CLOSED, SCHENKIER
United States District Court Northern District of Illinois - CM/ECF LIVE, Ver 3.0 (Chicago)
CIVIL DOCKET FOR CASE #: 1:04-cv-05996

EEOC v. Jefferson Smurfit Assigned to: Hon. Amy J. St. Eve Demand: $0 Cause: 42:2000e Job Discrimination (Employment)

Date Filed: 09/14/2004 Date Terminated: 02/07/2005 Jury Demand: Both Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

Plaintiff
Equal Employment Opportunity Commission

represented by Richard John Mrizek U.S. Equal Employment Opportunity Commission 500 W. Madison Suite 2800 Chicago, IL 60661 (312) 886-9078 Fax: (312) 353-8555 Email: richard.mrizek@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.

1 of 5

5/24/2007 12:55 PM

CM/ECF LIVE, Ver 3.0 - U.S. District Court, Northern Illinois - Docket... https://ecf.ilnd.uscourts.gov/cgi-bin/DktRpt.pl?103346482102874-L_35...

Defendant Smurfit-Stone Container Corp. Intervenor Milton Parker
Intervenor Keyon Hayes
Intervenor Robert Ewen
Intervenor Ed Washington

represented by Stanley Eisenstein Katz Friedman Eagle Eisenstein & Johnson 77 West Washington Street 20th Floor Chicago, IL 60602 (312) 263-6330 Email: seisenstein@kfeej.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jerrod V Olszewski Office of Fund Counsel 53 W. Jackson Blvd #550 Chicago, IL 60604-3607 (312)692-1540 Email: jerrod.olszewski@gmail.com ATTORNEY TO BE NOTICED
represented by Stanley Eisenstein (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jerrod V Olszewski (See above for address) ATTORNEY TO BE NOTICED
represented by Stanley Eisenstein (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jerrod V Olszewski (See above for address) ATTORNEY TO BE NOTICED
represented by Stanley Eisenstein (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

2 of 5

5/24/2007 12:55 PM

CM/ECF LIVE, Ver 3.0 - U.S. District Court, Northern Illinois - Docket... https://ecf.ilnd.uscourts.gov/cgi-bin/DktRpt.pl?103346482102874-L_35...

Date Filed 09/14/2004
09/22/2004
10/18/2004 10/21/2004 10/21/2004 10/22/2004
10/27/2004 10/27/2004 10/27/2004 11/04/2004 11/04/2004

Jerrod V Olszewski (See above for address) ATTORNEY TO BE NOTICED

#

Docket Text

1 COMPLAINT; Jury demand - Civil cover sheet - Appearance(s) of John C. Hendrickson, Gregory M. Gochanour, Richard John Mrizek as attorney(s) for plaintiff (No summons(es) issued.) (Documents: 1-1 through 1-3) (cem) (Entered: 09/15/2004)
2 MINUTE ORDER of 9/22/04 by Hon. Amy J. St. Eve : Status hearing set for 11/1/04 at 9:00 a.m. Initial status hearing set before Judge Amy St. Eve in Courtroom 1241 for 11/1/04 at 9:00 a.m. The parties are directed to file an initial status report as provided by this order no later than 10/27/04, with a courtesy copy to chambers. (For further details see reverse of order.) Mailed notice by judge's staff (eav) (Entered: 09/23/2004)
3 WAIVER of service of summons as to defendant Smurfit-Stone sent on 9/15/04. (hp) (Entered: 10/19/2004)
SCHEDULE set on 10/21/04 by Hon. Amy J. St. Eve : Status hearing reset from 9:00 11/1/04 to 9:00 11/4/04 . Mailed notice (tmh) (Entered: 10/21/2004)
4 MOTION by plaintiff EEOC for leave to file amended complaint substituting Jefferson Smurfit Corp. (U.S.) for Smurfit-Stone Container Corp as the defendant (Attachment); Notice. (jmp) (Entered: 10/25/2004)
5 MINUTE ORDER of 10/22/04 by Hon. Amy J. St. Eve : Plaintiff EEOC's motion for leave to [4-1] file amended complaint substituting Jefferson Smurfit Corp. (U.S.) for Smurfit-Stone Container Corp as defendant is granted [4-2]. The Clerk is directed to amend this case accordingly. Mailed notice (jmp) (Entered: 10/25/2004)
6 REPORT by the parties planning meeting and Proposed Scheduling Order. (hp) (Entered: 10/29/2004)
7 ATTORNEY APPEARANCE for movants - proposed plaintiffs-intervenors ,Milton Parker, Keyon Hayes, Robert Ewen, Ed Washington by Stanley Eisenstein, Jerrold Olszewski. (hp) (Entered: 10/29/2004)
9 MOTION by proposed intervenors Milton Parker, Keyon Hayes, Robert Ewen, Ed Washington to intervene (Attachment); Notice. (hp) (Entered: 11/05/2004)
8 REFERRAL ORDER: Case referred to Hon. Sidney I. Schenkier for Settlement Conference Mailed notice. (tmh) (Entered: 11/04/2004)
10 MINUTE ORDER of 11/4/04 by Hon. Amy J. St. Eve : Status hearing held and continued 12/15/04 at 9:00 a.m. Motion to intervene is granted. [9-1] Amended complaint to be filed by or on 11/08/04. Defendant to answer or otherwise plead by 11/03/04. Rule 26(a)(1) disclosures due 12/08/04. Written discovery to be

3 of 5

5/24/2007 12:55 PM

CM/ECF LIVE, Ver 3.0 - U.S. District Court, Northern Illinois - Docket... https://ecf.ilnd.uscourts.gov/cgi-bin/DktRpt.pl?103346482102874-L_35...

11/04/2004 11/12/2004 11/17/2004
11/30/2004 11/30/2004 11/30/2004 12/14/2004 01/14/2005 01/14/2005
01/19/2005 01/21/2005 01/27/2005

issued by 12/20/04. All discovery to close 08/31/05. Plaintiff's expert disclosures and reports due 04/01/05. Defendant's expert disclosures and reports due 05/16/05. Case referred to Magistrate Judge Schenkier to conduct a settlement conference. Mailed notice (hp) (Entered: 11/05/2004)
11 FIRST AMENDED COMPLAINT [1-1] by plaintiff; jury demand; Notice. (ntf) (Entered: 11/10/2004)
SCHEDULE set on 11/12/04 by Hon. Sidney I. Schenkier : Status hearing set to 9:00 11/24/04 . Telephone and mail notice (mmm) (Entered: 11/12/2004)
12 MINUTE ORDER of 11/17/04 by Hon. Sidney I. Schenkier : Settlement conference set for 01/13/05 at 1:30 p.m., in chambers 1756. The settlement conference will be conducted in accordance with the Court's Standing Order on Instructions for Settlement Conference, which is enclosed and can also be accessed from the Court's Website at http://10.205.15.104/Judge/Schenkier/sispage.htm. The schedule for exchange of demand and offer set forth in the standing order is as follows: plaintiff's counsel shall serve on defense counsel a written settlement demand by 12/20/04. Defendant's counsel shall seve on plaintiff's counsel a written settlement offer by 01/07/05. The parties shall deliver copies of these letters to chambers by noon 01/10/05. Parties with ultimate settlement authority must attend the conference. The status conference set for 11/24/04 at 9:00 a.m. is stricken. Mailed notice (hp) (Entered: 11/18/2004)
13 ATTORNEY APPEARANCE for unknown Jefferson Smurfit by Keith A. Dorman, Mark J. Sheppard, Melissa M. Bien. (lc) (Entered: 12/01/2004)
14 ANSWER by Jefferson Smurfit Corp. and affirmative defenses to intervenors' complaint; Notice. (lc) (Entered: 12/01/2004)
15 ANSWER by Jefferson Smurfit and affirmative defenses to plaintiff's first amended complaint [11-1]; Notice. (lc) (Entered: 12/01/2004)
SCHEDULE set on 12/14/04 by Hon. Amy J. St. Eve : Status hearing reset from 9:00 12/15/04 to 9:00 1/18/05 . Mailed notice (tmh) (Entered: 12/14/2004)
SCHEDULE set on 1/14/05 by Hon. Amy J. St. Eve : Status hearing reset from 9:00 1/18/05 to 9:00 1/20/05 . Mailed notice (tmh) (Entered: 01/14/2005)
17 MINUTE entry before Judge Sidney I. Schenkier : Settlement conference held. By the close of business on 1/18/05, each side is to separately inform the Court by facsimile (312) 554-8677) whether that side accepts the Court's settlement recommendation. The matter is set for a status conference on 1/19/05 at 9:00 a.m. (hp, ) (Entered: 01/20/2005)
16 MINUTE entry before Judge Sidney I. Schenkier : Status hearing held on 1/19/2005 Status hearing set for 1/27/2005 at 09:30 AM. (mmm, ) (Entered: 01/19/2005)
18 MINUTE entry before Judge Amy J. St. Eve : Status hearing set for 1/31/2005 at 09:00 AM. (tmh, ) (Entered: 01/23/2005)
19 MINUTE entry before Judge Sidney I. Schenkier : Status hearing held on 1/27/2005. Status hearing set for 1/31/2005 at 08:30 AM. (mmm, ) (Entered:

4 of 5

5/24/2007 12:55 PM

CM/ECF LIVE, Ver 3.0 - U.S. District Court, Northern Illinois - Docket... https://ecf.ilnd.uscourts.gov/cgi-bin/DktRpt.pl?103346482102874-L_35...

01/31/2005 01/31/2005 02/04/2005
02/07/2005
02/07/2005

01/27/2005)
20 MINUTE entry before Judge Sidney I. Schenkier : Status hearing held on 1/31/2005 Settlement Conference set for 2/4/2005 at 10:00 AM. (mmm, ) (Entered: 01/31/2005)
21 MINUTE entry before Judge Amy J. St. Eve : Status hearing held on 1/31/2005 Status hearing set for 2/7/2005 at 08:30 AM. (tmh, ) (Entered: 01/31/2005)
22 MINUTE entry before Judge Sidney I. Schenkier : Further settlement conference held. Final agreement on settlement language reached and settlement document signed, as reflected in the proceedings on the record. The parties will present all necessary settlement and dismissal papers to the presiding district judge on 2/7/05. All matters relating to this referral having been resolved, the referral is terminated. Docketing to mail notices. (jmm, ) (Entered: 02/08/2005)
23 MINUTE entry before Judge Amy J. St. Eve : Enter Consent Decree. Status hearing held. Case dismissed. This Court shall retain jurisdiction to enforce the terms of the Consent Decree. Any pending dates are stricken. Any pending motions are moot. Civil case terminated. Docketing to mail notices. (cdy, ) (Entered: 02/09/2005)
24 CONSENT DECREE. Signed by Judge Amy J. St. Eve on 2/4/2005. (cdy, ) Modified on 1/26/2006 (gma, ). (Entered: 02/09/2005)

PACER Service Center

Transaction Receipt

05/24/2007 12:57:10

PACER Login: hs0328

Client Code: eeoc

Description: Docket Report Search Criteria: 1:04-cv-05996

Billable Pages: 3

Cost:

0.24

5 of 5

5/24/2007 12:55 PM