IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff,
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WHELAN SECURITY CO., INC.,
Defendant.

) ) ) ) CIVIL ACTION NO.
>04 CvO 1 8 7M L M
) COMPLAINT
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) JURY TRIAL DEMAND
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NATURE OF THE ACTION This is an action under Title VII of the Civil Rights Act of 1964 ("Title VII"), as amended by the Pregnancy Discrimination Act ("PDA"), and Title I of the Civil Rights Act of 1991 to correct unlawful employment practices on the basis of sex and to provide appropriate relief to Caprice Walker who was adversely affected by such practices. The Commission alleges that Defendant removed Caprice Walker from her job because she was pregnant in violation of Title VII.
JURISDICTION AND VENUE 1. Jurisdiction of this Court is invoked pursuant to 28 U.S.C. §§ 451, 1331, 1337, 1343 and 1345. This action is authorized and instituted pursuant to Section 706(f)(1) and (3) of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e-5(f)(1) and (3), and Section 102 of the Civil Rights Act of 1991, 42 U.S.C. § 1981a.. 2. The employment practices alleged to be unlawful were committed within the jurisdiction of the United States District Court for the Eastern District of Missouri.

PARTIES 3. Plaintiff, the Equal Employment Opportunity Commission (the "Commission"), is the agency of the United States of America charged with the administration, interpretation and enforcement of Title VII and is expressly authorized to bring this action by Section 706(f)(1) and (3) of Title VII, 42 U.S.C. §2000e-5(f)(1) and (3). 4. At all relevant times, Defendant, Whelan Security Co, Inc., has continuously been a Missouri corporation doing business in the State of Missouri and the City of Clayton, and has continuously had at least 15 employees. 5. At all relevant times, Defendant 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. §§ 2000e(b), (g) and (h).
STATEMENT OF CLAIMS 6. More than thirty days prior to the institution of this lawsuit, Caprice Walker filed a charge with the Commission alleging violations of Title VII by Defendant. All conditions precedent to the institution of this lawsuit have been fulfilled. 7. Since at least June 1, 2003, Defendant has engaged in unlawful employment practices at its Clayton, Missouri Kansas facility, in violation of Section 703(a)of Title VII, 42 U.S.C. § 2000e-2(a). Defendant removed Caprice Walker from her job because she was pregnant. 8. The effect of the practices complained of in paragraph 7 above has been to deprive Caprice Walker of equal employment opportunities and otherwise adversely affect her status as an employee, because of her sex.
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The unlawful employment practices complained of in paragraph 7 above

were intentional. 10.

The unlawful employment practices complained of in paragraph 7 above

were done with malice or with reckless indifference to the federally protected rights of Caprice

Walker.

PRAYER FOR RELIEF

Wherefore, the Commission respectfully 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 and any other

employment practice which discriminates on the basis of sex.

B. Order Defendant to institute and carry out policies, practices, and

programs which provide equal employment opportunities for women and which eradicate the

effects of its past and present unlawful employment practices.

C. Order Defendant to make whole Caprice Walker, by providing appropriate

backpay with prejudgment interest, in amounts to be determined at trial, and other affirmative relief necessary to eradicate the effects of its unlawful employment practices, including but not

limited to rightful place reinstatement. D. Order Defendant to make whole Caprice Walker, by providing

compensation for past and future pecuniary losses resulting from the unlawful employment

practices described in paragraph 7 above, including medical expenses, in amounts to be

determined at trial.

E. Order Defendant to make whole Caprice Walker by providing compensation for past and future nonpecuniary losses resulting from the unlawful practices complained of in paragraph 7 above, including emotional pain, suffering, inconvenience, loss of enjoyment of life and humiliation, in amounts to be determined at trial.
F. Order Defendant to pay Caprice Walker punitive damages for its malicious and reckless conduct described in paragraph 7 above, in amounts to be determined at trial.
Grant such further relief as the Court deems necessary and proper in the public interest.
H. Award the Commission its costs of this action. JURY TRIAL DEMAND
The Commission requests a jury trial on all questions of fact raised by its complaint.
Respectfully submitted, ERIC S. DREIBAND General Counsel JAMES L. LEE Deputy General Counsel GWENDOLYN YOUNG REAMS Associate General Counsel
Regional Attorney

BARBARA A. SEIL~LY #10607 Supervisory Trial Attomey
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION St. Louis District Office Robert A. Young Federal Bldg. 1222 Spruce, Room 8.100 St. Louis, MO 63103 (314) 539-7916

 
 Case 4:04-cv-01087-HEA Document 12 Filed 06/06/2005 Page 1 of 9

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff, vs.
WHELAN SECURITY CO., INC., Defendant.

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CASE NO.: 4:04:CV01087 HEA

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CONSENT DECREE Introduction
Plaintiff Equal Employment Opportunity Commission (hereinafter the "Commission") has instituted this action alleging that Whelan Security Co. (hereinafter "Defendant") discriminated against Caprice Walker in violation of Title VII of the Civil Rights Act of l964 (hereinafter "Title VII") by removing her from her job as a fare inspector because she was pregnant.
For purposes of settlement and compromise only, the parties have advised the Court that they wish to resolve the instant controversy without the expense, delay, and burden of further litigation;
THEREFORE, it is the finding of this Court, made on the pleadings and on the record as a whole and upon agreement of the parties, that: (I) this Court has jurisdiction over the parties to and the subject matter of this action, (ii) the requirements of Title VII will be carried out by the implementation of this Decree, (iii) this Decree is intended to and does resolve all matters in

Case 4:04-cv-01087-HEA Document 12 Filed 06/06/2005 Page 2 of 9
controversy in this lawsuit among the parties, and (iv) the terms of this Decree constitute a fair and equitable settlement of all issues in this lawsuit.
IT IS THEREFORE ORDERED, ADJUDGED, AND DECREED as follows: I. General Provisions
1. This Decree, being entered with the consent of the parties for purposes of settlement and in order to avoid any further litigation costs by Defendant in its defense of this suit, shall not constitute an adjudication on the merits of this lawsuit and shall not be construed as an admission by Defendant of any violation of Title VII or any executive order, law, rule or regulation dealing with or in connection with retaliation and/or sex discrimination in employment or of any wrongful, illegal or discriminatory act in connection with the employment of Caprice Walker.
2. Defendant agrees that it shall continue to act in accordance with the applicable laws and, therefore, shall not discriminate against its employees with respect to hiring, promotion, firing, compensation, scheduling or other terms, conditions or privileges of employment on the basis of pregnancy and/or sex.
3. Defendant agrees that it shall continue to act in accordance with the applicable laws and, therefore, shall not discriminate or retaliate against any person because he or she: (a) has opposed any practices alleged in this lawsuit as unlawful under Title VII, (b) has participated in any investigation conducted under Title VII connected with or leading up to this lawsuit; (c) has participated in this lawsuit; or (d) has benefitted or will benefit in any way as a result of this Consent Decree.
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II. Relief for Charging Party

5. Within thirty (30) days of the entry of this decree, Defendant shall forward to

Caprice Walker:

a. A check for back pay in the amount of $5,000.00, less any deductions for

the employee's portion of FICA and applicable federal and state income

tax withholdings;

b. A check for compensatory damages in the amount of $45,000.00; and

c.

A statement itemizing the deductions made from the back pay.

6. Defendant agrees to reimburse Ms. Walker for up to $200.00 in attorney's fees so

that she may consult a private attorney prior to signing a separate agreement entered between

Defendant and Ms. Walker releasing any and all claims that Ms. Walker may have against

Defendant.

7. Defendant shall forward copies of the checks with the statement of deductions,

referenced in paragraph 5 above, to the Regional Attorney, Equal Employment Opportunity

Commission, 1222 Spruce, Room 8.100, St. Louis, Missouri 63103.

8. Within ten (10) days of the entry of this decree, Defendant shall draft a letter of

reference for Caprice Walker on company letterhead which contains the language set forth in

Exhibit A attached hereto, and cause it to be signed by the appropriate company official and

forwarded to the Regional Attorney, Equal Employment Opportunity Commission, 1222 Spruce,

Room 8.100, St. Louis, Missouri 63103.

III. Training

9. Within sixty (60) days after the entry of this Decree, Defendant shall provide

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mandatory EEO training for all of its managers in the St. Louis area. The content of this training shall relate to pregnancy and sex discrimination. The training will be provided by an outside contractor of Defendant's choosing who will submit its training materials for approval by the Regional Attorney of the EEOC's St. Louis District Office.
10. Within thirty (30) days of providing any EEO training pursuant to paragraph 9, Defendant shall send to the EEOC's Regional Attorney in its St. Louis Office a report listing the names and job titles of all managers who completed the training.
IV. Posting and Policies 11. Defendant shall post and cause to remain posted copies of the notice attached hereto as Exhibit B at its corporate offices in those locations where Defendant displays its equal employment opportunity posters and other information relating to employment for a period of (2) years starting from the date of entry of this Decree. 12. Within thirty (30) days of the entry of this Decree, Defendant shall cause the policy attached hereto as Exhibit C to be signed by Defendant's President. Exhibit C shall be made a part of the training referred to in Paragraph 9 above and shall be made a part of Defendant's Instruction Manual within twelve (12) months following the entry of this Decree.
V. Reporting, Record-keeping, and Access 13. Within seventy-five (75) days of the entry of this Decree, Defendant shall prepare and submit to the EEOC's Regional Attorney in its St. Louis District Office a letter indicating as follows:
a. That Exhibit B has been posted as required by Paragraph 11, above; b. That the training required by Paragraph 9 above has been completed; and
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Case 4:04-cv-01087-HEA Document 12 Filed 06/06/2005 Page 5 of 9
c. That Exhibit C has been signed as required by Paragraph 12 above. 14. Within six (6) months of the date of entry of this Decree and every 6 months thereafter for the duration of this decree, Defendant shall prepare and submit to the EEOC's Regional Attorney in its St. Louis Office, a report listing the name of each female employee who notified Defendant that she was pregnant, the date of such notification; her job title, whether or not she was removed from her job assignment, was terminated or was involuntarily required to take a medical or FMLA leave; reason(s) why she was removed from her job assignment, terminated or required to take medical or FMLA leave, if applicable, and date of such action. 15. During the term of this Decree, Defendant shall allow representatives of the Commission to review Defendant's compliance with this Decree by inspecting and photocopying relevant documents and records, interviewing employees and management officials on their premises, and inspecting their premises. Such review of compliance shall be initiated by written notice to the Defendant's attorney of record at least three (3) business days in advance of any inspection of Defendant's documents or premises.
VI. Term and Effect of Decree 16. The term of this Decree shall be eighteen (18) months. 17. By entering into this Decree, the parties do not intend to resolve any charges of discrimination currently pending before the Commission other than the charge that created the procedural foundation for the complaint in this case. 18. This Decree shall be binding upon the parties hereto, their successors and assigns. Defendants shall affirmatively notify any purchasers of the obligations of this Consent Decree prior to any sale which may take place.
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19. The Court shall retain jurisdiction of this cause for purposes of compliance and enforcement.
20. Each party shall bear its own costs. Dated this 6th day of June, 2005.

JUDGE BY CONSENT:
FOR DEFENDANT:
/s/ Craig J, Hoefer Attorney for Defendant
GALLOP, JOHNSON & NEUMAN, L.C. 101 South Hanley, Suite 1700 St. Louis, MO 63105 (314) 615-6000 (314) 615-6001 (FAX)

_______________________________ HENRY EDWARD AUTREY
UNITED STATES DISTRICT
FOR PLAINTIFF:
/s/ Robert G. Johnson ROBERT G. JOHNSON Regional Attorney
/s/ Barbara A. Seely BARBARA A. SEELY Supervisory Trial Attorney Equal Employment Opportunity Commission 1222 Spruce St., Room 8.100 St. Louis, MO 63103 (314) 539-7916 (314) 539-7895 (Fax)

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Case 4:04-cv-01087-HEA Document 12 Filed 06/06/2005 Page 7 of 9
EXHIBIT A (On Company Letterhead) To Whom it May Concern: Caprice Walker was continuously employed by Whelan Security Company, Inc. from May 24, 2000, to June 19, 2003. Ms. Walker worked this entire period as a security officer for Whelan. Throughout her employment, Ms. Walker performed her job well. Ms. Walker voluntarily left her employment with Whelan for family reasons. We wish her success in the future. Sincerely, President Whelan Security Company, Inc.
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Case 4:04-cv-01087-HEA Document 12 Filed 06/06/2005 Page 8 of 9
EXHIBIT B (On Company letterhead) NOTICE TO EMPLOYEES
Federal law prohibits discrimination against any employee or applicant for employment because of pregnancy. Applicants or employees who are pregnant may not be discriminated against with respect to hiring, promotion, firing, compensation, or other terms, conditions or privileges of employment and they may not be removed from their assignments if their physicians release them to work.
Whelan Security Co., Inc. is committed to complying with such Federal law in all respects and will not discriminate against applicants and employees because they are pregnant.
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__________ Date

__________________ President Whelan Security Company, Inc.

EXHIBIT C PREGNANCY Applicants and employees who are pregnant when they apply for employment or who become pregnant while employed by Whelan Security Co., Inc. will be not be discriminated against with respect to hiring, promotion, firing, compensation, or other terms, conditions or privileges of employment. A pregnant employee will be treated the same as any employee with a temporary disability and will be permitted to continue to work in her job with a written release from her physician.

__________ Date

____________________________ President Whelan Security Co., Inc.
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ADR, CLOSED, TRCK2
U.S. District Court Eastern District of Missouri (LIVE) (St. Louis) CIVIL DOCKET FOR CASE #: 4:04-cv-01087-HEA

Equal Employment Opportunity Commission v. Whelan Security Date Filed: 08/17/2004

Co., Inc.

Jury Demand: Plaintiff

Assigned to: Honorable Henry E. Autrey

Nature of Suit: 442 Civil Rights: Jobs

Cause: 42:2000e Job Discrimination (Employment)

Jurisdiction: U.S. Government Plaintiff

Plaintiff
Equal Employment Opportunity Commission

represented by Barbara A. Seely EEOC 1222 Spruce Street Room 8.100 St. Louis, MO 63103 314-539-7910 Fax: 314-539-7895 Email: barbara.seely@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Robert G. Johnson EEOC 1222 Spruce Street Room 8.100 St. Louis, MO 63103 314-539-7910 Fax: 314-539-7895 Email: robert.johnson@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

V. Defendant Whelan Security Co., Inc.

represented by Craig J. Hoefer POLSINELLI AND SHALTON, P.C. 7733 Forsyth Boulevard 12th Floor St. Louis, MO 63105-1814 (314) 889-8000 Fax: (314) 727-7166 Email: choefer@polsinelli.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

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Bradley G. Kafka FOX GALVIN, LLC One Memorial Drive 8th Floor St. Louis, MO 63102 314-615-6000 Fax: 314-615-6001 Email: bgkafka@gjn.com ATTORNEY TO BE NOTICED

Date Filed 08/17/2004 08/25/2004 10/14/2004 10/21/2004 10/27/2004 11/10/2004
12/01/2004 03/02/2005

#

Docket Text

1 COMPLAINT against defendant Whelan Security Co., Inc. Waivers issued 1, Consents issued 2, Disclosure of Corporate Interest issued to deft, Jury Demand,, filed by Equal Employment Opportunity Commission. (Attachments: # 1 Civil Cover Sheet # 2 Original Filing Form)(SAJ, ) (Entered: 08/17/2004)
2 CJRA ORDER (JGW) Judge Mary Ann L. Medler termed. Case reassigned to Judge Henry E. Autrey for all further proceedings (ARL) (Entered: 08/25/2004)
3 Affirmative Defenses and ANSWER to Complaint by Whelan Security Co., Inc..(Kafka, Bradley) (Entered: 10/14/2004)
4 RULE 16 ORDER This case is assigned to Track: Preliminary Track (2) Joint Scheduling Plan due by 10/29/2004. Rule 16 Conference set for 11/10/2004 10:30 AM in Courtroom 10N before Honorable Henry E. Autrey.. Signed by Judge Henry E. Autrey on 10/21/04. (MJM, ) (Entered: 10/21/2004)
5 JOINT SCHEDULING PLAN by Plaintiff Equal Employment Opportunity Commission, Defendant Whelan Security Co., Inc.. (Proposed). (Kafka, Bradley) (Entered: 10/27/2004)
6 CASE MANAGEMENT ORDER This case is assigned to Track: Standard Motion to Join Parties due by 11/30/2004. Discovery Completion due by 6/10/2005. Non-Dispositive Motions due by 6/23/2005. ADR Future Reference 3/1/2005. Dispositive Motions due by 7/11/2005. Jury Trial set for 1/7/2006 09:30 AM in Courtroom 10N before Honorable Henry E. Autrey. Pretrial Compliance due by 12/19/2005. Signed by Judge Henry E. Autrey on 11/10/04. (CLA, ) (Entered: 11/10/2004)
7 AMENDED CASE MANAGEMENT ORDER Jury Trial set for 1/9/2006 09:30 AM in Courtroom 10N before Honorable Henry E. Autrey. Pretrial Compliance due by 12/20/2005.. Signed by Judge Henry E. Autrey on 12/1/04. (MJM, ) (Entered: 12/01/2004)
8 ORDER REFERRING CASE to Alternative Dispute Resolution. This case is referred to: Mediation Designation of Lead Counsel: Barbara A. Seely ADR Completion Deadline due by 4/15/2005. Designation of Neutral due by 3/21/2005. ADR Conference Schedule due by 3/21/2005.. Signed by Judge Henry E. Autrey on 3/2/05. (CEL, ) (Entered: 03/02/2005)

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04/14/2005 04/18/2005
04/19/2005 05/05/2005
06/02/2005 06/06/2005

9 Joint MOTION for Extension of Time to Complete Mediation by Plaintiff Equal Employment Opportunity Commission. (Seely, Barbara) (Entered: 04/14/2005)
Docket Text ORDER re 9 Joint MOTION for Extension of Time to Complete Mediation by Plaintiff Equal Employment Opportunity Commission. (Seely, Barbara) filed by Equal Employment Opportunity Commission, ; ORDERED GRANTED SO ORDERED HEA. Signed by Judge Henry E. Autrey on 4/18/05. (CLA, ) (Entered: 04/19/2005)
Set Deadlines/Hearings: ADR Completion Deadline due by 5/5/2005. (CLA, ) (Entered: 04/19/2005)
10 Designation of Neutral by parties and ADR Conference Report by Plaintiff Equal Employment Opportunity Commission Neutral: James Nowogrocki Date of Conference: May 4, 2005 time: 9:00 a.m. Location: 120 S. Central, St. Louis, MO 63105(Seely, Barbara) (Entered: 05/05/2005)
11 Joint MOTION to Approve Consent Judgment by Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1)(Seely, Barbara) (Entered: 06/02/2005)
12 CONSENT DECREE (see attached). Signed by Judge Henry E. Autrey on 6/6/05. (CLA, ) (Entered: 06/09/2005)

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