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

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,

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Plaintiff, Honorable
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DAIMLER CHRYSLER CORPORATION
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NATURE OF THE ACTION

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This is an action under Title I of the Americans With Disabi Iities Act of 1990, and Title

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

disability and to make whole Jill Snook ("Snook").

The Equal Employment Opportunity Commission alleges that Defendants, Daimler

Chrysler Corporation ("Daimler Chrysler") violated the Americans with Disabilities Act by

failing to reasonably accommodate Snook, a qualified individual with a disability, as a

Housekeeper at its Auburn Hills, Michigan Technical Center, because of her disability and by

subjecting her to different terms and conditions of employment.

JURISDICTION AND VENUE

1. Jurisdiction of this Court is invoked pursuant to 28 U.S.c. §§ 451, 1331, 1337,

1343 and 1345. This action is authorized and instituted pursuant to Section 107(a) of the

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Americans With Disabilities Act of 1990 ("ADA"), 42 U.S.c. § 12117(a), which incorporates by reference Sections 706(f)(l) and (3) of Title VII of the Civil Rights Act of 1964 ("Title VII"), 42 U.S.c. §§ 2000e-S(f)(l) and (3), and pursuant to Section 102 of the Civil Rights Act of 1991, as amended, 42 U.S.c. Section 1981(a).
2. The employment practices hereafter alleged to be unlawful were committed in the Eastern District of Michigan, Southern Division.
PARTIES 3. The Plaintiff, Equal Employment Opportunity Commission (the "Commission"), is an agency of the United States of America charged with the administration, interpretation and enforcement of Title I of the ADA and is expressly authorized to bring this action by Section 107(a) of the ADA, 42 U.S.c. § 12117(a), which incorporates by reference Sections 706(f)(1) and (3) ofTitle VII, 42 U.S.c. § 2000e-S(f)(l) and (3). 4. At all relevant times, Defendant Daimler Chrysler was doing business in the State of Michigan and the City of Auburn Hills, and have continuously had at least fifteen (15) employees. 5. At all relevanttimes, Defendant Daimler Chrysler was continuously engaged in an industry affecting commerce within the meaning of Section 101 (5) of the ADA, 42 U.S.c. § 12111(5), and Section 101 (7) of the ADA, 42 U.S.c. § 12111 (7), which incorporates by reference Section 701 (g) and (h) of Title VII, 42 U.S.c. § 2000e(g) and (h). 6. At all relevant times, Defendant Daimler Chrysler was a covered entity under Section 101(2) of the ADA, 42 U.S.c. § 12111(2).
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STATEMENT OF CLAIMS
7. More than thirty (30) days prior to the institution of this lawsuit, Snook filed a
charge with the Commission alleging violations of Title I of the ADA by Defendant Daimler
Chrysler. All conditions precedent to the institution of this lawsuit have been fulfilled. 8. Beginning in May 1996, Defendant Daimler Chrysler engaged in unlawful
employment practices in violation of the ADA Sections 102(a), 102(b)(S)(A) and 102(b)(S)(B), 42 U.S.c. §§ 12112(a), 12112(b)(S)(A) and 12112(b)(S)(B), at its Auburn Hills, Michigan Technical Center. Defendant's practices include, but are not limited to, failing to reasonably accommodate Snook's by failing to provide her with sign language interpreters or a
"
teletypewriter ("nY"), TDD or alpha pager, which were necessary because of her disability,
and engaging in discriminatory conduct because of her disability. 9. Beginning in November 1998, Defendant Daimler Chrysler engaged in
unlawful employment practices in violation of the ADA Sections 102(a), 102(b)(S)(A) and 102(b)(S)(B), 42 U.S.c. §§ 12112(a), 12112(b)(S)(A) and 12112(b)(S)(B), at its Auburn Hills, Michigan Technical Center. Defendant's practices include, but are not limited to, failing to reasonably accommodate Snook by failing to provide her with a modified shift start time, which was necessary because of herdisability, and engaging in discriminatory conducttoward her because of her disability.
10. Beginning in May 1999, Defendant Daimler Chrysler engaged in unlawful employment practices in violation of the ADA Sections 102(a), 102(b)(5)(A) and 102(b)(5)(B), 42 U.S.c. §§ 12112(a), 12112(b)(S)(A) and 12112(b)(5)(B), at its Auburn Hills, Michigan Technical Center. Defendant's practices include, but are not limited to, failing to reasonably
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accommodate Snook by failing to provide her an interpreter, which was necessary for her disability, following an altercation with a co-worker, which subsequently lead to her discharge, and engaging in discriminatory conduct toward her because of her disability.
11. Snook is a qualified individual with a disability who was able to perform the essential functions of her position with or without a reasonable accommodation.
12. The effect of the above-mentioned, unlawful employment practices has been to deprive Snook of equal employment opportunities because of her disability.
13. The above-mentioned unlawful, employment practices were intentional. 14. The effect of the above mentioned, unlawful employment practices have been to cause Snook to suffer a loss of enjoyment of life. 15. The unlawful employment practices complained of above were committed with malice and a reckless indifference to Snook's federally protected rights.
PRAYER FOR RELIEF WHEREFORE, the Commission respectfully requests that this Court: A. GRANT a permanent injunction enjoining Defendant Daimler Chrysler its officers, successors, assigns and all persons in active concert or participation with it, from engaging in any unlawful employment practice which discriminates on the basis of disabilitYi B. ORDER Defendant Daimler Chrysler to institute and carry out policies, practices, and programs which provide equal employment opportunities for individuals with disabilities, and which eradicate the effects of its past and present unlawful employment practicesi C. ORDER Defendant Daimler Chryslerto provide training to their employees and
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members regarding disability discrimination and the ADA's requirement to provide a reasonable accommodation to disabled employees;
D. ORDER Defendant Daimler Chrysler to make whole Snook by providing her with appropriate lost earnings, benefits and reimbursement for her out of pocket losses, with pre-judgment interest, in amounts to be proven at trial, and other affirmative relief necessary to eradicate the effects of its unlawful employment practices;
E. ORDER Defendant Daimler Chrysler to make whole Snook by providing compensation for past and future nonpecuniary losses resulting from the unlawful practices complained of in paragraphs 8 through 11 above, in amounts to be proven at trial.
F. ORDER Defendant Daimler Chrysler to pay Snook punitive damages for the malicious or reckless conduct described in paragraphs 8 through 11 above, in amounts to be proven at trial.
G. GRANT the Commission its costs in this action; and H. GRANT such further relief as the Court deems necessary and proper.
Respectfully submitted,

ERIC S. DREIBAND General Counsel
JAMES L. LEE
Deputy General Counsel

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GWENDOLYN YOUNG REAMS Associate General Counsel
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Date

ADELE RAPPORT (P44833) Regional Attorney
ROBERT DAWKINS (P38289) Supervisory Trial Attorney
TAMMY KLEIN (P60256) Trial Attorney
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Patrick V. McNamara Building 477 Michigan Avenue, Room 865 Detroit, Michigan 48226 (313) 226·5673

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UNTiED STATES DISTRICT COURT FOR THE EASTERN DfSTRICT OF MICHIGAN
SOUTHERN DIVISION

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff, v. DAIMLER CHRYSLER CORPORATION
Defendant.

ADELE RAPPORT (P44833) ROllERT DAWKINS (P38289) TAMMY KLEIN (P60256) Equal Employment 0ppOliunity Commission

GREGORY S. PURTELL (P42166) Daimler Chrysler Corporation 50111 Jonathan Court Northville, Michiga1l48l67 (248) 512-2156

477 Michigan Ave., Room 865 Detroit, Michigan 48226 (313) 226·5673

CONNYE HARPER (P26448)
UAW - International Union 8000 E. JeffcrsonA.venue ~

Detroit, Michigan ,\8214

(313) 926-5216 i ' .
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SETTLEMENT AGREEMENT

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On December 22, 2003, this matter was commenced by the United Sta;;:r:;e,;:~.')Fqui.""1tJ

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Employment Opportunity Commission, (the "Commission") against Daimler Chrysler,

(Chrysler") 011 behalf of Charging Party, Jill Snook ("Charging Party" or "Snook"). The

Commission's Cllnlplaint alleged that Snook was denied the reasonable accommodation of a sign

language interpreter and denied a modified shift time. The Commission's Complaint further

alleged that Snook was disciplined differently because of her disability (hearing impaired and

visually impaired).

.

FINAl, DISPOSITION

1.

TIrrough this Settlement Agreement, ("Agreement") Plainti fr, the Corml1issioll, on behalf

of Jill Snook and Defendant, Chrysler, desire to forever resolve all issues raised, presented, or

joined in Civil Action Number 03-XXXXX without the burden, expense and potential delay of

rurther litigation, and intend to be bound by the promises made herein.

STIPULATED FACTS

2. The Parties stipulate and agree that the EEOC is the agency of the United States

government authorized (0 investigate allegations of unlawful employment discrimination, to

bring civil actions to prohibit unlawful employmen( practices and to seek relicffor individuals

affected hy the practices complained of in this lawsui!.

3. Defendant, Chrysler, is an employer engaged in an industry affecting commorce within

(he meaning of Section 701 (g) and (h) of Title VII of the Civil Rights Act of 1964, as anlended,

42 U.S.C. 2000e(g) and (h), which is incorporated by reference in the ADA Chrysler had at

least fifteen (15) employees for twenty (20) or more calendar weeks during the relevant time

period.

4. Pursuant to the ADA, the Parties ackl10wlcdgc the jurisdiction of the United States

District Court for (he Eastern District ofMichigun (Southern Division) (lVer the subject matter

and Parties to (his case for the purpose of entering this Agreement, and, if necessary, enrorcing

the provisions of this Agreement.

5.

Venue is appropriate in the Eastern District of Michigan (Southern Division). For

purposes ofthis Agreement and proceedings related to this Agreement only, Defendant agrees

that all statutory conditions precedent to the institution ofthi5 lawsuit have been rU1111led.

MONETARY RELIEF

6. Defendant, Chrysler, agrees to pay Jill Snook monetary relief on the amount of fifty·two thousand dollars ($52,000.00) within fourteen (14) days of the acceptance and signing ofthi8 Decree and a mutually agreeable release with Chrysler. Taxes and other statutory deductiol1s shall be deducted from said amount. The funds are to be paid directly to Snook, via certified mail at 4850 Venetian, Sterling Heights, MT 48310, with a copy of the check sent to Adele Rapport, Regional Attorney, Equal Employment Opportunity Commission, 477 Michigan Avenue, Room 865, Detroit, Michigan 48226.
NON·MONETARY RELIEF 7. Chrysler agrees to provide Snook with an Alpha Pager, which will cnable her to communicate with her supervisor and other members of the staff as necessary throughout the day. In addition, Chrysler agrees to engage in the interactive process with Snook, should Snook need additional accommodations, such as modified start time, in the future. Furthermore, Chrysler agrees to provide Snook with the use of a sign language interpreter for any and all meetings, safety or other wise, that other employees are invited to attend. Chrysler also agrees that it will provide interpreters for any meetings involving personnel issues, including explanation of benefits, any disciplinary issues or wage issues. Also, Chrysler agrees to redact any negative references contained in her personnel file and her labor relations file, regarding the disciplinc that was imposed upon her as the result onlle physical altercation with a fellow employee.
NON-DISCRIMINATION 8. Chrysler and its officer, agents, employees, successors, assigns and all persons in active concert of participation with it, shall comply with the ADA and agree to not discriminate against any employee or unionll1ember with a disability. Chrysler agrees to engage in the interactive

process with disabled employees who request an accommodation. Chrysler also agrees to accommodate employees as required by the ADA.
NON-RETALIATION 9. Chrysler thrOLlgh its directors, ofi1cers, agents, successors, assigns, employees and members, will not retaliate against any person known to them who participated or cooperated in the investigation and prosecution by the EEOC of Charge Number 230-A 1-0669 filed under the American with Disabilities Act.
POSTING OF NOTICE 10. Chrysler agrees to post a mutually agreeable notification, attached as Attac1unent A, in at least one (I) conspicu:ous place at its Auburn Hills, Headquarters, which sets forth employees' rights regarding the rederal anti-discrimination laws. This Notice shall be posted for three (3) years from the entry of this Agreement. Should any posted copies of the Notice become defaced, marred or otherwise made unreadable, Chrysler agrees to post a readable copy orthis Notice in the same manner heretofore specified as soon as practical thereafter,
NON·ADMISSION OF LIABILITY 11. Chrysler has denied all allegations set forth in Civil Action 03-XXXXX, along with any and all inferences of wrongdoing, and neither its consent to the entry of this Agreement, nor any ofthe tellm or conditions set forth herein shall constitute an adjudication or finding on the merits orthc case or be construed as an admission ofliability, wrongdoing, guill, and/or violation of federal law, which Chrysler denies.
ALLOCATION OF CQSI 12. The Parties agree to pay their respecti ve costs and attorneys fees associated with the drafting and enforcement of this Agreement,

SEVERABILITY ClAUSE 13. If any provision ofthis Agreement is tound to be unenforceable by a Court, only the specific provision in question shall be affected and the other enforceable provisions shall remain in full force.
TRAINING 14. Chrysler agrees to provide training to it corporate and group human resource personnel
who are responsible lor administering the American with Disabilities Act on the ADA's
prohibitions against discharging an employee because of his/her disability. Although the training shall include a broad overview of the Federal Civil Rights Laws and their prohibitions on discrimination, the focus of the training shall be the ADA and an employers duty to provide a reasonable accommodation ifi! does not cause an undue hardship and the ADA's prohibitions on discriminatory discharge. The name of the individuals conducting the training and the topics to be discussed shall be sent to Adele Rapport, Regional Attorney, U.S. Equal Employment Opportunity Commission, 477 Michigan Avenue, Room 865, Dctroit, Michigtm48226, at least thirty (30) days prior to the training session. A list of the individuals who participated in the training shall be sent to Adele Rapport at the above-mentioned address within tlfteen (15) days of training session. All training shall take place within one (1) year ofthe signing of this Agreement.
In addition, specific training will be given to all individuals who supervise Jill Snook as to the ADA's reasonable accommodation reqllirements. All such individuals will be given a copy of paragraphs 7 and 9 of this Settlement Agreement, and will be instructed by Daimler management as to their duty to provide an interpreter to Snook on request.
ENTIRE AGREEMENT

Partie~. Any modifications to thi~ agreement must be mutually agreed upon in writing and signed by the Parties hereto.

ADELER~T-¥
ROBERT DAWKINS (P38289)
TAMMY KLEIN (P60256)
Equal Employment Opportunity Commission 477 MJchigan Ave., Room 865 Detroit, Michigan 48226 (313) 226-5673
1f};f;rQ e,~ _,"eo HONORABLE

Daimler Chrysler Corporation 1000 Chrysler Drive eIMS 485·13·32 Auburn Hms, Michigan 48326
~~_'"\ I ~ \ 2..003
DATE

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

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U.S. District Court Eastern District of Michigan (Detroit) CIVIL DOCKET FOR CASE #: 2:03-cv-75137-RHC

CLOSED, SDP

EEOC v. Daimler Chrysler Assigned to: Judge Robert H Cleland Demand: $0
Plaintiff Equal Employment Opportunity Commission
V. Defendant Daimler Chrysler Corporation

Date Filed: 12/23/2003 Date Terminated: 01/16/2004 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff
represented by Tammy C. Klein Equal Employment Opportunity Commission 477 Michigan Avenue Suite 865 Detroit, MI 48226 313-226-6701 Fax: 313-226-5673 Email: Tammy.Klein@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed 12/23/2003 01/12/2004
01/16/2004

#

Docket Text

1 COMPLAINT; jury demand (PP) (Entered: 12/24/2003)

TELE-CONFERENCE held - Judge Robert H. Cleland (lt) (Entered: 01/12/2004)

2 SETTLEMENT AGREEMENT (CMul, ) (Entered: 01/30/2004)

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