EMPLOYMENT OPPORTUNITY

)

COMMISSION,

)

)

)

)

v.

)

)

HOME CARE

INC., )

)

)

'07-~IICOMPLAINT

6PrrJ-

ACTION

JURY

This is an

under Title VII

of 1964 and

Title I of

Civil

Act of 1991 to correct unlawful em,DlC)Vn1en practices on basis ofrace m

to protected activity and to provide appropriate Creason, who were adversely by such 1-j-",,'t;311

to Karen Collier Clara Opportunity

("the Commission!!) alleges

'-'l1!","F",\.'U in unlawful employment

at Steeleville,

of

Section 703

VII,42

§ 2000e-2, by

to hire Collier

position of

race, Black, by discharging

Defendant's

to hire Collier u,-,,-,,,,-u;:,,-, of her race, as

with greater particularity in

7 the "Statement Claims" below.

,
\

L

Jurisdiction this Court is invoked pursuant to 28

451,1 1,13

1343 and 1 . This action is authorized and instituted pursuant to

706(f)(1) and (3)

Title VII the Civil Rights Act of 1964, as amended, 42 U § 2000e-S(f)(l) (3) ('Title

VII"),

102 the Civil

Act of 1991,

§ 1981a.

The employment

to be unlawful were committed within the

jurisdiction

United

District

District of Illinois.

3.

Plaintiff is

of the United States of America charged with the

administration, interpretation enforcement

VII, and is expressly authorized to bring

this

by

of VII, 42

§ 2000e-5(f)(l)

At all

Defendant has continuously

an Illinois corporation

business in

of Illinois

and has continuously had at

15 employees.

5.

all

times,

continuously been an employer engaged in an

industry

commerce within meamng

701 (g) (h) Title VII, 42

2000e(b), and (h).

6.

More

thirty days prior to the institution this lawsuit,

filed

with the Commission

that Defendant had violated

VII by failing to hire her

at

her race, Black. More than thirty prior to the institution

this lawsuit,

Creason filed

with the Commission

that

2

violated Title VII by

her job at

Steeleville facility because

..,u;:.:,u~,,-,u in protected activity under Title VII. All conditions precedent to the institution of

lawsuit

fulfilled.

7.

April

has

in unlawful employment

practices at its

in violation

703 Title VII,

and in violation of Section of Title VII,

§2000e-3, as described below.

a.

By failing to hire Karen

for the position of

because

her race,

b.

discharging Clara Creason from her position "public relations/case

protested

refusal to hire

informed Collier that

'-'."'.,,,,-,v to hire because her

race.

8.

of the

complained of in

7(a)

to

deprive

of

employment opportunities and

adversely affected her

status as an applicant for

of race, black.

9.

The effect the practices complained of in paragraph 7(b) above has

to

Creason equal employment opportunities and otherwise Of"'A""'''' affected

status as an employee u"...,uu"", she

In

activity

Title VII.

1O.

unlawful employment practices complained in paragraph and 7(b)

above were and are

11.

unlawful employment

above were and are done malice or with

of

Collier and

Creason,

complained of paragraph 7(a) and 7(b) to federally protected

respectfully '-''--'UU.LH'''HVH

that Court:

A.

a permanent

Defendant, officers, successors,

assIgns, all

In

concert or participation it, from refusing to hire

American applicants employment at its Steeleville facility

of race, as alleged

with

particularity

and other

on the

of race,

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

provide equal employment

and which

of past present unlawful

practices.

C. Grant a permanent injunction enjoining

officers, successors,

all

In

concert or participation it, from retaliating

at Steeleville facility U"'I,.,Q.l,."''''

VII, as

particularity paragraph 7(b) and other employment

participation protected activity under VII.

D, Order Defendant to institute

out

that

provide equal employment opportunities for employees who ~UI"'~F,~

under

VII which

effects

past present unlawful employment practices,

4

Order

to make whole Karen

and

by

appropriate

interest, amounts to determined at and other

to

effects

unlawful

F.

Defendant to make

Karen

and Clara

by

them compensation past and

non-pecuniary losses

from the unlawful practices

in paragraph 7(a) and

including emotional distress, pain

inconvenience,

enjoyment

mental

and

in amounts

to

at trial.

G.

Defendant to pay

Collier and

Creason, punitive

for its

and

conduct

In

7(a) and respectively, amounts to

at trial.

H.

such further relief as

deems

and

in the public

I.

Award

costs of this

The

a Jury on all

of fact

by its

submitted,

RONALD COOPER General
L. General ~V'"UJ'''''
5

....

GWENDOLYN YOUNG REAMS Associate General Counsel

~.X\.- ?~(j,~ ~ GrM..

JEAN P. KAMP

rf

Acting Regional Attorney
~QA{2aL-

C. FELIX MILLER Senior Trial Attorney

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION St. Louis District Office Robert A. Young Federal Bldg. 1222 Spruce, Room 8.100 St. Louis, MO 63103 314-539-7949 . fax: 314-539-7895

6

 
 FILED

IN THE UNITED STATES DISTRICT COURT

JUN 102008

FOR THE SOUTHERN DISTRICT OF ILLINOIS G. ~~IRICK MU

EQUAL EMPLOYMENT OPPORTUNITY)

SOuEJA'HSTESRT:[tf~frcmrgJ~ULD~FGI'LrHLIYNoIS

COMMISSION,

)

, INOIS

)

Plaintiff,

)

and

)

)

KAREN COLLIER,

) CIVIL ACTION NO.

Plaintiff-Intervenor,

) 3:07-CV-00601-GPM-DGW

)

v.

)

)

CLARICE'S HOME CARE SERVICE, INC., )

)

Defendant.

)

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

CONSENT DECREE Plaintiff Equal Employment Opportunity Commission (hereinafter "EEOC") has instituted this action alleging that: (1) Clarice's Home Care Service, Inc., (hereinafter "Clarice's Home Care Service") discriminated against Karen Collier because of her race, African-American, in violation of Title VII of the Civil Rights Act of 1964, as amended, (hereinafter "Title VII"); and (2) discriminated against Clara Creason for participating in protected activity under Title VII. Plaintiff-Intervenor Karen Collier has intervened in this action and has similarly alleged that Clarice's Home Care Service discriminated against her because of her race in violation of Title VII. Clarice's Home Care Service denies the allegations asserted against it by the Commission and by Ms. Collier. 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 the Title VII will be carried out by the implementation of this Decree, (iii) this Decree is intended to and does resolve all matters in 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
A. This Decree, being entered with the consent of the parties for purposes of settlement, shall not constitute an adjudication on the merits of this lawsuit and shall not be construed as an admission by Clarice's Home Care Service of any violation of Title VII or any executive order, law, rule or regulation dealing with or in connection with race discrimination in employment.
B. Clarice's Home Care Service shall not discriminate against its employees with respect to hiring, promotion, discharge, compensation, or other terms, conditions or privileges of employment on the basis of race.
e. Clarice's Home Care Service 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 by the Commission 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.
2

II. Relief for Aggrieved Parties A. Clarice's Home Care Service shall pay Clara Creason the amount of $20,000, to compensate her for pecuniary losses resulting from her alleged termination, including the loss of her home at 110 Clifford Drive, Chester, Illinois, and the sale of various items of personal property, and for non-pecuniary losses, including emotional distress. Payment will be made by Clarice's Home Care Service delivering a check payable to Clara Creason in the amount of $10,000 within 30 days of the entry of this decree and by delivering a second check payable to Clara Creason in the amount of $1 0,000 within 90 days after the delivery of the first check as described above. Clarice's Home Care Service shall deliver the checks and a 1099 form reflecting such payments by mailing them by certified mail to:
Clara Creason 4602 Chester Road Bremen, Illinois 62233 A copy of the checks and the 1099 shall be mailed to the Equal Employment Opportunity Commission, 1222 Spruce Street, Room 8.100, St. Louis, Missouri 63103, to the attention of C. Felix Miller. The payments required by this section (II-A) shall be contingent upon Clara Creason executing a release attached hereto as Exhibit A. In the event that such release is not executed prior to the initial payment date, then such payment shall not be due until seven (7) days after delivery of the executed release to counsel of record for Clarice's Home Care Service and the second payment will be due 90 days thereafter. The payment required by this section (II-A) shall extinguish all of EEOC's and/or Clara Creason's claims for monetary relief for her alleged in this action, irrespective of Clarice's Home Service's satisfaction of any other requirement of this decree.
3

B. Clarice's Home Service shall pay Plaintiff-Intervenor Karen Collier Mancillas the amount of $ 30,000. This sum represents $20,000 compensation for compensatory damages for emotional distress and $10,000 for attorney's fees. The payments to be made to PlaintiffIntervenor shall be made by checks jointly payable to her and to her attorney, Lee Barron. Payment will be made by Clarice's Home Care Service delivering a check payable jointly to Karen Collier Mancillas and Lee Barron in the amount of$15,000 within 30 days of the entry of this decree and by delivering a second check payable jointly to Karen Collier Mancillas and Lee Barron in the amount of $15,000 within 90 days after the delivery ofthe first check as described above. Clarice's Home Care Service shall also provide Karen Collier Mancillas a 1099 through her attorney, Lee Barron, in respect to these payments.
A copy of the checks and the 1099 shall also be mailed to the Equal Employment Opportunity Commission, 1222 Spruce Street, Room 8.1 00, St. Louis, Missouri 63103, to the attention of C. Felix Miller.
The payments required by this section (II-B) shall be contingent upon Karen Collier Mancillas executing a release which has been previously agreed to by her and her counsel and by Defendant and its counsel. In the event that such release is not executed prior to the initial payment date, then such payment shall not be due until seven (7) days after delivery of the executed release to counsel of record for Clarice's Home Care Service and the second payment will be due 90 days thereafter.
The payment required by this section (II-B) shall extinguish all of EEOC's and/or Karen Collier Mancillas' claims for monetary relief for her alleged in this action, irrespective of Clarice's Home Service's satisfaction of any other requirement of this decree.
4

III. Injunctive Relief A. Clarice's Home Care Service shall not consider the race of any applicant for employment in making any hiring decision, nor shall Clarice's Home Care Service record the race of any applicant on his or her application or in any other matter prior to the actual employment of such applicant. B. Clarice's Home Care Service shall not consider the race of any of its clients in assigning its employees to provide services to that client, nor shall Clarice's Home Care Service inquire about or record the race of any client. C. Clarice's Home Care Service shall not consider the race of any employee in making any work assignment or assignment to provide services to clients, nor shall Clarice's Home Care Service record the race of any employee except to the extent necessary to comply with Section VI of this decree or to comply with state or federal regulations and statutes. D. Clarice's Home Care Service shall not take any action that negatively affects any person or their terms and conditions of employment, because such person has engaged in protected activity under Section 704(a) of Title VII.
IV. Training A. Clarice's Home Care Service shall, within three (3) months from the date of entry of this Decree, provide Title VII training at its offices in Steeleville, Illinois, to all its officers and employees with hiring authority or who make work assignments to home care providers. The training shall specifically include: (1) information concerning an employer's obligation to prevent race discrimination in hiring and job assignment decisions, and (2) an employer's obligation to prevent retaliatory conduct against those who complain of perceived unlawful discrimination under Title VII. Unless Clarice's Home Care Service requests the EEOC to provide such training, Clarice's Home care Service shall within two (2) months of the entry of
5

this Decree provide the EEOC's Regional Attorney in its S1. Louis District Office with a list identifying all individuals who shall receive training under this provision, a description of the training program and a copy of all materials to be used in the training program. The EEOC may make suggested changes to the training program or training materials within thirty (30) days of its receipt and these suggestions shall be adopted by Clarice's Home Care Service.
V. Posting and Policies A. Clarice's Home Care Service shall post and cause to remain posted copies of the "Policy on Discrimination" attached hereto as Exhibit B in locations publicly visible to all employees at its facilities, for a period of two (2) years, starting from the date of entry of this Decree and shall post a copy of this Consent Decree for a period of three months after its entry. B. Clarice's Home Care Service shall inform new hires that discrimination based upon race is unlawful and shall provide information about how an employee should complain about any perceived race discrimination to an appropriate company official.
VI. Reporting, Record-keeping, and Access A. During the effective period of this Decree, Clarice's Home Care Service shall maintain a log of all its applicants of employment that identifies each applicant by name, address, social security number, and race, and provides the date of application, the position sought, and the date of hire, ifhired. A copy of such log shall be provided to the EEOC's Regional Attorney in its S1. Louis District Office six (6) months after the entry of this decree and every six (6) months thereafter until the expiration of the term of this Decree. B. During the effective period of this Decree, Clarice's Home Care Service shall, within twenty (20) days of any complaint of race discrimination, provide written notification to the EEOC's Regional Attorney in its S1. Louis District Office of such complaint of race discrimination, pursuant to Clarice's Home Care Service's complaint procedure set forth in
6

Exhibit B (Clarice's Horne Care Service's Policy on Race Discrimination), made by any employee, including the name(s) of the employee(s), a description of the investigation of the complaint, the finding of the investigation and a description of action taken or resolution of the complaint.
C. Within forty-five (45) days of the entry of this Decree, Clarice's Horne Care Service shall prepare and submit to the EEOC's Regional Attorney in its St. Louis District Office a letter affirming that all the actions required by Section V-A, above, have been completed.
D. Within forty-five (45) days of the completion of the training required under Section IV, unless the EEOC provides such training, Clarice's Horne Care Service shall prepare and submit to the EEOC's Regional Attorney in its St. Louis District Office a letter affirming completion of said training and Clarice's Horne Care Service and shall provide copies of sign-off sheets of the individuals who attended the training.
E. Clarice's Horne Care Service shall maintain all documents utilized in preparing the reports described in paragraph 1 above, for a period of one year after the date of expiration of this Decree.
F. To verifY compliance with this Decree, Plaintiff Equal Employment Opportunity Commission shall have the right to inspect any relevant records of Clarice's Horne Care Service (either on the premises of Clarice's Horne Care Service or by production of such records at EEOC's S1. Louis office), interview its employees, and/or inspect its premises, by making a written request for such inspection or interviews, ten calendar days in advance of such inspection or interviews.
7

VIII. Term and Effect of Decree

A.

By entering into this Decree the parties intend to resolve only those charges of

discrimination against Defendant brought by Clara Creason, EEOC Charge No. 560-2006-01464,

and by Karen Collier, EEOC Charge No. 560-2006-01463. No other pending charges or charges

that may be brought in the future are affected by this decree.

B.

This Decree shall be binding upon the parties hereto, their successors and assigns.

Clarice's Home Care Service shall affirmatively notify any purchasers of the obligations of this

Consent Decree prior to any sale which may take place.

C. This Decree shall be for a period of two (2) years and may be extended by the Court only

upon a showing of: (1) a material breach of the decree; and (2) good cause for the extension.

During the Decree's term the Court shall retain jurisdiction of this cause for purposes of

compliance.

D. Except as provided by Section II-B, each party shall bear its own attorneys' fees

and costs of this action.

BY CONSENT:

lsi Jeffrey A. Kopis (with consent) JEFFREY A. KOPIS Attorney for Clarice's Home Care Service, Inc.
Kopis Law Office 215 West Washington P.O. Box 505 Belleville, Illinois 62222 618-222-2800 fax 618-222-2807

lsi Jean P. Kamp JEANP. KAMP Acting Regional Attorney

8

lsi C. Felix Miller C. FELIX MILLER Senior Trial Attorney EQUAL EMPLOYMENT OPPORTUNITY COMMISSION St. Louis District Office Robert A. Young Federal Bldg. 1222 Spruce, Room 8.100 St. Louis, MO 63103 314-539-7949 Fax 314-539-7895
I sl Lee W. Barron (with consent) LEE W. BARRON Attorney for Karen Collier 305 State Street P.O. Box 729 Alton, Illinois 62002 618-462-9160 fax 618-462-9167
9

EXHIBIT A

SETTLEMENT AGREEMENT AND GENERAL RELEASE OF ALL CLAIMS OF CLARA CREASON

This Settlement Agreement and General Release of All Claims ("Agreement") is made and

entered on this _ _ day of

, 2008, by and between CLARA CREASON ("Creason") and

CLARICE'S HOME CARE SERVICE, INC., and its officers, directors, employees, including without

limitation agents, attorneys, predecessors, successors and assigns (hereinafter collectively referred

to as "Clarice's"), based on the following.

a. The Equal Employment Opportunity Commission ("EEOC") filed an action which

seeks relief for Creason against Clarice's styled Equal Employment Opportunity Commission and

Karen Collier v. Clarice IS Home Care Service, Inc, which is presently pending in the United States

District Court for the Southern District of Illinois, Case No. 3:07-cv-00601-GPM-DGW (the

"Lawsuit"); and

b. the parties to this Agreement desire to forever resolve and compromise all of the

claims asserted or which could have been asserted by Creason or by the EEOC in respect to Creason

in the above-referenced action, and

c. solely in the interest of terminating the expense necessitated by such dispute, in

compromise of a disputed claim, and not acknowledging any liability, but denying liability and only

for the purpose of buying their peace, Clarice's and Creason have agreed to resolve this matter as

more fully set forth below; and

d. Clarice's does explicitly and expressly deny any and all liability whatsoever for any

and all claims, demands, damages, actions, causes of action, or suits of any kind arising out of or

relating to Creason's employment, her termination, and/or her claims against Clarice's; and

e. the parties to this Agreement have had an opportunity to review this Agreement and

to consult with legal counsel concerning this Agreement and are entering into this Agreement

voluntarily with full knowledge of its significance and effect.

In consideration of the terms and payment obligation contained herein, to which Creason is

not otherwise entitled, the parties agree:

1. Payment. Clarice's will payor cause to be paid to Creason a total gross amount equal

to Twenty Thousand Dollars ($20,000.00), in full and complete settlement of Creason's claims for

emotional distress. Such payment shall be made as follows.

10

1.1 A check in the amount ofTen Thousand Dollars ($10,000.00) made payable to Clara Creason will be submitted directly to Creason within thirty (30) days after entry ofthe consent decree between the EEOC and Clarice's Horne Care Service, Inc.

1.2 The remaining balance ofTen Thousand Dollars ($10,000.00) shall be paid within ninety (90) days after delivery of the first check as described above made payable to Clara Creason.

2.

Taxes. The total amount of Twenty Thousand Dollars ($20,000.00) referenced in

Paragraph 1 above will be reported to the appropriate governmental taxing entities and Clarice's will

issue Creason a Form 1099 for such amount. Clarice's will make the first payment as outlined in

Paragraph 1 above within seven (7) business days after Clarice's counsel's receipt ofan original copy

of this Agreement fully executed by Creason. Said payments as outlined in paragraph 1 above and

in the consent decree shall constitute full and complete performance by Clarice's. The parties

acknowledge that the payment shall be for compensatory damages, including pecuniary losses caused

by the sale of personal property and a mobile horne, and for emotional distress. Creason is aware

that she is responsible for federal and state income taxes and that she should consult a tax advisor

in respect to this income. In the event that any portion of this payment is determined by the IRS to

be backpay, then Creason shall be responsible for the employee's share of any payroll taxes and

Clarice's shall be responsible for any employer's share of payroll taxes.

3. Release and Dischari:e. In consideration of the mutual promises contained herein, Creason, for herself and on behalf of her heirs, executors, trustees, agents, administrators, personal representatives, legatees, attorneys, insurers, and their respective heirs, successors and assigns hereby releases, remises, acquits, and forever discharges Clarice's, which specifically includes all of Clarice's officers, including third party beneficiaries of this agreement, directors, employees, including but not limited to agents, attorneys, predecessors, successors and assigns from and against any and all claims which were raised in Creason's charge ofdiscrimination against Clarice's, EEOC Charge No. 560-2006-01464 and/or in the Lawsuit, including all relief available under Title VII of the Civil Rights Act of 1964, as amended, to wit; backpay, compensatory damages, punitive damages, front pay, costs, and attorneys' fees, including, without limitations, any claims for attorneys' fees which may arise or accrue by reason of the settlement of the Lawsuit.

11

4. Purpose. The purpose of this release is to extinguish forever any and all claims against Clarice's that Creason may have which were asserted by either Creason in her charge of discrimination or by the EEOC in respect to Creason in the Lawsuit.
5. Interpretation. This Agreement is binding upon and inures to the benefit ofCreason and Clarice's. This Agreement shall be governed by, construed and interpreted according to applicable federal law, and the laws of the State of Illinois, without reference to conflicts of law principles. Neither this Agreement nor any of its terms may be changed, waived or added to except in a writing signed by all parties. The parties agree that should any provision in this Agreement be determined to be unenforceable, such finding shall not affect the enforceability of the remaining provisions of this Agreement.
6. No Representations by Clarice's. Creason further represents and warrants that no representations of fact or law have been made by Clarice's, or its counsel; that this Agreement is not based upon any such representations; that she is not relying upon advice from Clarice's or its counsel as to the legal, income tax or other consequences arising out ofthis Agreement; and that she has fully investigated the factual and legal issues implicated in this case.
7. Attorneys' Liens. Creason hereby certifies that there are no attorneys' liens regarding the above-released claim against Clarice's.
8. Entire A2reement. Except for those terms that may be applicable in the Consent Decree entered into between the parties to the lawsuit, Creason further declares and represents that no promise, involvement, representation or agreement not contained in this Agreement has been made; that no other consideration has been or will be furnished in connection with this Agreement; that she will not make a claim and hereby waives any rights she may now have or may hereafter have based upon any alleged oral alteration, amendment, modification, or any other alleged change in this Agreement; that this Agreement contains the entire agreement between the parties hereto; and that the terms of this Agreement are contractual and not a mere recital.
9. Acknowled2ments. Creason acknowledges that she: (a) has been advised of her right to consult counsel regarding the terms in this Agreement prior to signing it; (b) she has had the
12

ability to consult an attorney of her choosing for negotiation of this Agreement; (c) has read this entire Agreement; (d) had the ability to seek the advice of counselor any other party regarding this Agreement and its negotiation and fully understands the terms and effects ofthis Agreement; (e) has been given a reasonable length of time within which to consider this Agreement; (1) was offered more time in which to consider this Agreement but determined any additional time was unnecessary; and (g) is voluntarily executing this Agreement of her own free act and deed; and (h) has freely executed this Settlement Agreement and General Release ofAll Claims for the purposes ofreceiving good and valuable consideration.
IN WITNESS THEREOF, the parties have executed this Settlement Agreement and General Release of All Claims as of the day and year first above written.

Dated _ _ _ _ _ _ _ _ _, 2008.

CLARA CREASON

STATE OF MISSOURI COUNTY OF ST. LOUIS

)

)

SS.

)

On this _ _ day of

,2008, before me personally appeared Clara Creason, to me

known to be the person described in and who executed the foregoing instrument, and acknowledged

that she executed the same as her free act and deed.

IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal in the City/County and State aforesaid, the day and year above written.

My Commission Expires:

NOTARY PUBLIC

13

CLARICE'S HOME CARE SERVICE, INC. By:_ _ _ _ _ _ _ _ _ _ _ __
[Title] Dated:_ _ _ _ _ _ _ _ _ _, 2008.
14

EXHIBIT B (Clarice's Home Care Service, Inc. letterhead)
POLICY ON DISCRIMINATION Federal law prohibits discrimination against any employee or applicant for employment because of the individual's race with respect to hiring, promotion, discharge, compensation, job assignments, or other terms, conditions or privileges of employment. Federal law also prohibits retaliation against employees because they have opposed practices they believe discriminate on the basis of a race or because they have filed a charge with the EEOC or participated in or cooperated with an EEOC investigation. In particular, Federal law prohibits making a decision to hire or not to hire an applicant on the basis of an applicant's race. Clarice's Home Care Service, Inc., fully supports and will comply with such Federal law in all respects and will not take any action against employees because they have exercised their rights under the law. It is the policy of Clarice's Home Care Service, Inc., to prohibit discrimination based upon a race with respect to hiring, promotion, termination, compensation, or other terms, conditions or privileges of employment. Clarice's Home Care Service, Inc., will not tolerate discrimination against employees or applicants for employment based upon their race. Clarice's Home Care Service, Inc.'s employees or managers found to have treated any employee or applicant for employment differently because of their race will be subject to discipline up to and including discharge. Supervisory employees are specifically directed not to make hiring or other employment decisions which are based on an applicant's or employee's race or upon the racial preference or identity of customers which employees may serve or with whom they may have contact. Clarice's Home Care Service, Inc., encourages all employees who may have knowledge of any violation of this policy to report such violation to Clarice Jones. Such reports will be promptly and confidentially investigated. Employees should feel free to report instances of discrimination to any management official at any time, including Clarice Jones.
15

 
 Case 3:07-cv-00601-GPM-DGW Document 19 Filed 12/18/07 Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS

EQUAL EMPLOYMENT OPPORTUNITY )

COMMISSION,

)

)

Plaintiff,

)

)

v.

)

)

CLARICE’S HOME CARE SERVICE, INC. )

)

Defendant.

)

Case No. 3:07-cv-601 GPM

ORDER

Currently pending before the Court is a Motion to Intervene filed by Karen Collier (Doc.

7). For the reasons set forth below, this motion is GRANTED.

BACKGROUND

The Equal Employment Opportunity Commission (“EEOC”) brought this action on

August 22, 2007, alleging unlawful employment practices against Defendant Clarice’s Home

Care Service Inc., pursuant to Title VII of the Civil Rights Act of 1964 and Title I of the Civil

Rights Act of 1991, based on the Defendant’s alleged refusal to hire Karen Collier because of

her race and the subsequent dismissal of Clara Creason for opposing the refusal to hire Collier.

Karen Collier now seeks leave to intervene as a plaintiff in the action pursuant to Federal Rule of

Civil Procedure 24.

ANALYSIS

Under Rule 24(a)(1) the Court must allow anyone to intervene who “is given an

unconditional right to intervene by a federal statue.” The Civil Rights Act of 1964 provides that

when the EEOC chooses to pursue litigation in response to a charge of unlawful discrimination,

“[t]he person or persons aggrieved shall have the right to intervene in a civil action brought by

Case 3:07-cv-00601-GPM-DGW Document 19 Filed 12/18/07 Page 2 of 2 the Commissioner.” 42 U.S.C. § 2000e-5(f)(1). Thus, the statute gives parties aggrieved by the unlawful employment action an unconditional right to intervene pursuant to Rule 24(a)(1).
Karen Collier filed charges with the EEOC alleging that Defendant failed to hire her because of her race. Those charges are the basis of the current action. As such, Karen Collier may intervene in the action pursuant to Rule 24(a).
CONCLUSION Based on the foregoing, Karen Collier’s Motion to Intervene (Doc. 7) is hereby GRANTED. IT IS SO ORDERED. DATED: December 18, 2007
s/ Donald G. Wilkerson
DONALD G. WILKERSON United States Magistrate Judge
2

 
 Case 3:07-cv-00601-GPM-DGW Document 35 Filed 04/11/08 Page 1 of 4

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS

EQUAL EMPLOYMENT

)

OPPORTUNITY COMMISSION,

)

)

Plaintiff,

)

)

and

)

)

KAREN COLLIER,

)

)

Plaintiff-Intervenor,

)

)

v.

)

)

CLARICE’S HOME CARE SERVICE, INC, )

)

Defendant.

)

Cause No.3:07-CV-00601-GPM-DGW

PLAINTIFF-INTERVENOR’S COMPLAINT

COMES NOW Plaintiff-Intervenor Karen Collier, by and through her attorney, and for

her Complaint against Clarice’s Home Care Service, Inc. states as follows:

1. Plaintiff-Intervenor Karen Collier brings this action for legal and equitable relief

to redress the injuries done to her by Defendant Clarice’s Home Care Service, Inc.

2. Plaintiff-Intervenor brings her complaint pursuant to Title VII of the Civil Rights

Act of 1964, (as amended), 42 U.S.C. § 2000e-2 and 42 U.S.C. §1981a. Jurisdiction of this

Court is invoked pursuant to 28 U.S.C. §1331.

3. The unlawful employment practices complained of herein were committed within

the Southern District of Illinois.

4. Plaintiff Karen Collier is an African-American citizen of the United States who at

relevant times resided and was a citizen of the City of Sparta, State of Illinois.

5. Plaintiff Karen Collier is an African-American and her skin color is black.

Case 3:07-cv-00601-GPM-DGW Document 35 Filed 04/11/08 Page 2 of 4
6. At all relevant times defendant Clarice’s Home Care Service, Inc. has been an Illinois corporation doing business in the State of Illinois, has continuously had at least 15 employees, and has been an employer within the meaning of 42 U.S.C. §§2000e(b), (g) and (h).
7. Since March and April 2006, defendant has engaged in unlawful employment practices, and in race and color discrimination by refusing to hire plaintiff Karen Collier.
8. As a result of defendant’s aforementioned conduct, plaintiff has lost compensation and benefits of employment, has suffered emotional pain, suffering, humiliation, embarrassment, mental anguish, and loss of enjoyment of life.
9. Defendant’s conduct was undertaken with malice and reckless indifference to plaintiff’s federally protected rights.
10. Plaintiff has incurred and will continue to incur attorney’s fees and costs in connection with this matter.
11. Plaintiff filed a timely charge of discrimination with the Equal Employment Opportunity Commission (EEOC). The EEOC has filed suit against the defendant and plaintiff has filed a timely motion to intervene.
WHEREFORE, plaintiff prays for judgment in her favor and against defendant for lost wages and other benefits of employment, front pay, compensatory damages, punitive damages, appropriate injunctive relief, prejudgment interest, attorney's fees, expenses, and costs, and for such additional relief as this Court deems appropriate.
2

Case 3:07-cv-00601-GPM-DGW Document 35 Filed 04/11/08 Page 3 of 4 Karen Collier, Plaintiff-Intervenor
By: /s/ Lee W. Barron Lee W. Barron (IL #06195132) 305 State Street P.O. Box 729 Alton, IL 62002 Telephone: (618) 462-9160 Facsimile: (618) 462-9167 E-mail: barronatty@aol.com Attorney for Plaintiff-Intervenor
3

Case 3:07-cv-00601-GPM-DGW Document 35 Filed 04/11/08 Page 4 of 4

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS

EQUAL EMPLOYMENT

)

OPPORTUNITY COMMISSION,

)

)

Plaintiff,

)

)

and

)

)

KAREN COLLIER,

)

)

Plaintiff-Intervenor,

)

)

v.

)

)

CLARICE’S HOME CARE SERVICE, INC, )

)

Defendant.

)

Cause No.3:07-CV-00601-GPM-DGW

CERTIFICATE OF SERVICE

I hereby certify that on November 26, 2007, I electronically filed the foregoing document

with the Clerk of the Court using the CM/ECF system which will send notification of such

filing(s) to the following:

C. Felix Miller: felix.miller@eeoc.gov Jean P. Kamp: jean.kamp@eeoc.gov William F. Kopis: wfkopis.law@norcom2000.com

Karen Collier, Plaintiff-Intervenor

By: /s/ Lee W. Barron Lee W. Barron (IL #06195132) 305 State Street P.O. Box 729 Alton, IL 62002 Telephone: (618) 462-9160 Facsimile: (618) 462-9167 E-mail: barronatty@aol.com

Attorney for Plaintiff-Intervenor

4

 
 CJRA_B, CLOSED, EHB
U.S. District Court Southern District of Illinois (East St. Louis) CIVIL DOCKET FOR CASE #: 3:07−cv−00601−GPM−DGW

Equal Employment Opportunity Commission v. Clarice's Home Care Service, Inc. Assigned to: Judge G. Patrick Murphy Referred to: Magistrate Judge Donald G. Wilkerson Cause: 42:1983 Civil Rights Act
Plaintiff

Date Filed: 08/22/2007 Date Terminated: 06/10/2008 Jury Demand: Both Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

Equal Employment Opportunity Commission

represented by C. Felix Miller Equal Employment Opportunity Commission − St. Louis, MO 1222 Spruce Street Room 8.100 St. Louis , MO 63103 314−539−7949 Email: felix.miller@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Jean P. Kamp Equal Employment Opportunity Commission − Chicago, IL 500 West Madison Street Suite 2000 Chicago , IL 60661 312−353−7719 Fax: (312) 353−8555 Email: jean.kamp@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

V. Intervenor Plaintiff Karen Collier

represented by Lee W. Barron Lee W. Barron, P.C. Generally Admitted 112 Front Street Alton , IL 62002 618−462−9160 Fax: 618−462−9167 Email: barronatty@aol.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
C. Felix Miller (See above for address)

V. Defendant Clarice's Home Care Service, Inc.

represented by C. Felix Miller (See above for address) ATTORNEY TO BE NOTICED
Jeffrey A. Kopis Kopis Law Office

215 West Washington Street P.O. Box 505 Belleville , IL 62222 618−222−2800 Email: kopis.law@norcom2000.com ATTORNEY TO BE NOTICED
William F. Kopis Law Offices of William F. Kopis 215 West Washington Street P.O. Box 505 Belleville , IL 62222 618−222−2800 Fax: 618−222−2807 Email: wfkopis.law@norcom2000.com TERMINATED: 12/17/2007

Date Filed 08/22/2007 08/22/2007 10/10/2007 10/10/2007 10/25/2007 11/02/2007 11/26/2007 11/27/2007 12/04/2007 12/07/2007
12/07/2007 12/07/2007

# Docket Text
1 Case Opened. Documents may now be electronically filed. Case number 07−601−GPM must be placed on all documents prior to filing them electronically. (Attachments: # 1 Notice to Consent by Magistrate Judge)(tkm) (Entered: 08/22/2007)
2 COMPLAINT against Clarice's Home Care Service, Inc. (Filing fee $ 350.), filed by Equal Employment Opportunity Commission. (Attachments: # 1)(Miller, C.) (Entered: 08/22/2007)
3 WAIVER OF SERVICE Returned Executed by Equal Employment Opportunity Commission. Clarice's Home Care Service, Inc. waiver sent on 8/23/2007, answer due 10/22/2007. (Miller, C.) (Entered: 10/10/2007)
4 ANSWER to Complaint with Jury Demand by Clarice's Home Care Service, Inc..(Kopis, William) (Entered: 10/10/2007)
5 CJRA TRACK B assigned: Jury Trial set for presumptive month of 9/2008 in East St. Louis Court House before Judge G. Patrick Murphy. Signed by Judge G. Patrick Murphy on 10/25/2007. (lmc) (Entered: 10/25/2007)
6 NOTICE TO COUNSEL: Telephonic Scheduling/Discovery Conference set for 12/11/2007 01:00 PM in East St. Louis Court House before Mag/Judge Donald G. Wilkerson. (rmb ) (Entered: 11/02/2007)
7 MOTION to Intervene Pursuant to Fed. R. Civ. P. 24 by Karen Collier. (Attachments: # 1 Exhibit A)(Barron, Lee) (Entered: 11/26/2007)
8 NOTICE OF ERRORS AND/OR DEFICIENCIES re 7 Motion to Intervene filed by Karen Collier. See attached document for specifics (dmw) (Entered: 11/27/2007)
9 NOTICE of Appearance by Jeffrey A. Kopis on behalf of Clarice's Home Care Service, Inc. (Kopis, Jeffrey) (Entered: 12/04/2007)
10 ORDER: Telephonic Scheduling/Discovery Conference set for 12/11/2007 at 1:00 PM before Mag/Judge Donald G. Wilkerson is hereby CANCELED. Scheduling orders to issue. Signed by Judge Donald G. Wilkerson on 12/7/2007. (hbs) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 12/07/2007)
12 SCHEDULING ORDER: Discovery due by 5/8/2008. Dispositive Motions due by 5/23/2008. Signed by Judge Donald G. Wilkerson on 12/7/07. (rmb ) (Entered: 12/11/2007)
13 ORDER AND NOTICE OF SETTLEMENT CONFERENCE: Settlement Conference set for 5/7/2008 09:00 AM in East St. Louis Court House before Mag/Judge Donald G. Wilkerson. Signed by Judge Donald G. Wilkerson on 12/7/07. (rmb ) (Entered: 12/11/2007)

12/07/2007 12/08/2007 12/13/2007 12/13/2007 12/13/2007 12/17/2007
12/18/2007 01/14/2008 01/16/2008 01/17/2008 01/17/2008 02/07/2008 02/13/2008 03/19/2008
03/21/2008
03/22/2008 03/28/2008

14 ORDER REGARDING DISCOVERY. Signed by Judge Donald G. Wilkerson on 12/7/07. (rmb ) (Entered: 12/11/2007)
11 MOTION to Withdraw as Attorney by Clarice's Home Care Service, Inc.. (Kopis, William) (Entered: 12/08/2007)
15 SCHEDULING ORDER: Discovery due by 5/8/2008. Dispositive Motions due by 5/23/2008. Signed by Judge Donald G. Wilkerson on 12/7/07. (rmb ) (Entered: 12/13/2007)
16 ORDER AND NOTICE OF SETTLEMENT CONFERENCE: Settlement Conference set for 5/7/2008 09:00 AM in East St. Louis Court House before Mag/Judge Donald G. Wilkerson. (rmb ) (Entered: 12/13/2007)
17 ORDER REGARDING DISCOVERY. Signed by Judge Donald G. Wilkerson on 12/13/07. (rmb ) (Entered: 12/13/2007)
18 ORDER granting 11 MOTION to Withdraw as Attorney (William F. Kopis) filed by Clarice's Home Care Service, Inc. Signed by Judge Donald G. Wilkerson on 12/17/2007. (hbs) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 12/17/2007)
19 ORDER granting 7 MOTION to Intervene Pursuant to Fed. R. Civ. P. 24 filed by Karen Collier. Signed by Judge Donald G. Wilkerson on 12/18/2007. (hbs) (Entered: 12/18/2007)
20 REQUEST for Admissions by Karen Collier.(Barron, Lee) (Entered: 01/14/2008)
21 ENTRY STRICKEN: MOTION for Protective Order by Clarice's Home Care Service, Inc. (Kopis, Jeffrey) Modified on 1/17/2008 (dmw). (Entered: 01/16/2008)
22 NOTICE STRIKING ELECTRONICALLY FILED DOCUMENTS striking 21 Motion for Protective Order filed by Clarice's Home Care Service, Inc. See attached document for specifics (dmw) (Entered: 01/17/2008)
23 MOTION for Protective Order Regarding Confidential Information by Clarice's Home Care Service, Inc.. (Kopis, Jeffrey) (Entered: 01/17/2008)
24 ORDER denying without prejudice 23 MOTION for Protective Order Regarding Confidential Information filed by Clarice's Home Care Service, Inc. Signed by Magistrate Judge Donald G. Wilkerson on 2/7/2008. (hbs) (Entered: 02/07/2008)
25 RESPONSE/ANSWER TO REQUEST FOR ADMISSIONS by Clarice's Home Care Service, Inc.. Related document: 20 Request for Admissions filed by Karen Collier.(Kopis, Jeffrey) (Entered: 02/13/2008)
26 ORDER: A Telephonic Discovery Dispute Conference is hereby SET for 3/21/2008 at 9:30 AM before Magistrate Judge Donald G. Wilkerson. Defendant's counsel shall initiate conference call to the Court's teleconference line: 618/482−9004. Signed by Magistrate Judge Donald G. Wilkerson on 3/19/2008. (hbs) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 03/19/2008)
27 ORDER: Telephonic Discovery Dispute Conference set for 3/21/2008 at 9:30 AM before Magistrate Judge Donald G. Wilkerson is CANCELED. Defendant informed the Court that he has now received the discovery at issue. Signed by Magistrate Judge Donald G. Wilkerson on 3/21/2008. (jrw) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 03/21/2008)
28 MOTION to Amend/Correct 25 Response/Answer to Request for Admissions by Clarice's Home Care Service, Inc.. (Attachments: # 1 Affidavit, # 2 Affidavit, # 3 Affidavit, # 4 Affidavit)(Kopis, Jeffrey) (Entered: 03/22/2008)
29 Minute Entry: Telephonic Discovery Dispute Conference held before Magistrate Judge Donald G. Wilkerson on 3/28/2008. Lee Barron appeared for Plaintiffs; Jeffrey Kopis appeared for Defendant. Deposition of defendant scheduled for today is canceled. Defendant's deposition to be rescheduled after Plaintiff's deposition is completed. (hbs) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER

04/01/2008 04/01/2008 04/08/2008 04/11/2008 04/11/2008
04/11/2008 04/15/2008
04/25/2008
05/06/2008 05/06/2008
05/06/2008 05/06/2008

DOCUMENTATION WILL BE MAILED. (Entered: 03/28/2008)
30 RESPONSE in Opposition re 28 MOTION to Amend/Correct 25 Response/Answer to Request for Admissions filed by Karen Collier. (Attachments: # 1 Exhibit 1)(Barron, Lee) (Entered: 04/01/2008)
31 RESPONSE in Opposition re 28 MOTION to Amend/Correct 25 Response/Answer to Request for Admissions filed by Equal Employment Opportunity Commission. (Miller, C.) (Entered: 04/01/2008)
32 REPLY to Response to Motion re 28 MOTION to Amend/Correct 25 Response/Answer to Request for Admissions filed by Clarice's Home Care Service, Inc.. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit)(Kopis, Jeffrey) (Entered: 04/08/2008)
33 ORDER. Plaintiff Karen Collier shall electronically file her complaint in the action on or before 4/16/2008 or show cause why she has not done so. Signed by Magistrate Judge Donald G. Wilkerson on 4/11/2008. (hbs) (Entered: 04/11/2008)
34 ORDER: Telephonic Discovery Dispute Conference is hereby SET for 4/15/2008 at 3:30 PM before Magistrate Judge Donald G. Wilkerson. Plaintiff Equal Employment Opportunity Commission shall initiate call to the Court's teleconference line 618/482−9004. Signed by Magistrate Judge Donald G. Wilkerson on 4/11/2008. (hbs) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 04/11/2008)
35 Intervenor COMPLAINT, filed by Karen Collier.(Barron, Lee) (Entered: 04/11/2008)
36 Minute Entry and Order for Telephonic Discovery Dispute Conference held before Magistrate Judge Donald G. Wilkerson on 4/15/2008. C. Felix Miller appeared for Plaintiff EEOC; Lee W. Barron appeared for Plaintiff Karen Collier; Jeffrey A. Kopis appeared for Defendant Clarice's Home Care Service. The Court determined that arguments shall be heard in person. Therefore, an In−Person Discovery Dispute Conference is hereby SET for 4/25/2008 at 2:00 PM in the East St. Louis Court House before Magistrate Judge Donald G. Wilkerson. (hbs) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 04/15/2008)
37 ORDER: Based upon the representation of the parties that all discovery disputes have been resolved and that settlement will soon be finalized, the In−Person Discovery Dispute Conference scheduled for 4/25/2008 at 2:00 p.m. is hereby CANCELED. Signed by Magistrate Judge Donald G. Wilkerson on 4/25/2008. (hbs) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 04/25/2008)
38 MOTION for Extension of Time to Complete Discovery, MOTION for Extension of Time to File Dispositive Motions, MOTION to Continue Presumptive Trial Month by Clarice's Home Care Service, Inc.. (Kopis, Jeffrey) (Entered: 05/06/2008)
39 ORDER: Based upon the report of the parties, the Settlement Conference set for 5/7/2008 is CANCELED. A Telephonic Status Conference is hereby SET for 6/6/2008 at 2:00 PM before Magistrate Judge Donald G. Wilkerson. Plaintiff shall initiate call to the Court's teleconference line: 618/482−9004. Parties shall inform the Court on the status of the consent decree. Signed by Magistrate Judge Donald G. Wilkerson on 5/6/2008. (hbs) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 05/06/2008)
40 Joint MOTION for Order to Cancel Settlement Conference by Karen Collier, Equal Employment Opportunity Commission, Clarice's Home Care Service, Inc.. (Miller, C.) (Entered: 05/06/2008)
41 ORDER granting 40 Motion for Order to Cancel Settlement Conference. Signed by Magistrate Judge Donald G. Wilkerson on 5/6/2008. (hbs) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 05/06/2008)

05/07/2008 05/12/2008
06/02/2008 06/02/2008 06/02/2008
06/03/2008 06/10/2008

42 NOTICE OF ERRORS AND/OR DEFICIENCIES re 40 Motion for Order filed by Clarice's Home Care Service, Inc., Equal Employment Opportunity Commission, Karen Collier. See attached document for specifics (lmb) (Entered: 05/07/2008)
43 ORDER granting 38 Motion for Extension of Time to Complete Discovery; granting 38 Motion for Extension of Time to File Dispositive Motions; denying 38 Motion to Continue Trial Date. Signed by Magistrate Judge Donald G. Wilkerson on 5/12/2008. (hbs) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 05/12/2008)
44 Joint MOTION for Settlement (To Enter Consent Decree) by Karen Collier, Equal Employment Opportunity Commission, Clarice's Home Care Service, Inc.. (Miller, C.) (Entered: 06/02/2008)
45 ENTRY STRICKEN: Joint MOTION for Settlement (Proposed Consent Decree) by Karen Collier, Equal Employment Opportunity Commission, Clarice's Home Care Service, Inc.. (Miller, C.) Modified on 6/3/2008 (dmw). (Entered: 06/02/2008)
46 ORDER: Based upon the filing of the joint motion for settlement and proposed consent decree, the Telephonic Status Conference set for 6/6/2008 at 2:00 PM is hereby CANCELED. Signed by Magistrate Judge Donald G. Wilkerson on 6/2/2008. (hbs) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 06/02/2008)
47 NOTICE STRIKING ELECTRONICALLY FILED DOCUMENTS striking 45 Motion for Settlement (NOT a Motion, but rather a proposed Consent Decree) filed by Clarice's Home Care Service, Inc., Equal Employment Opportunity Commission, Karen Collier. See attached document for specifics (dmw) (Entered: 06/03/2008)
48 CONSENT DECREE. Signed by Judge G. Patrick Murphy on 6/10/2008. (lmm) (Entered: 06/10/2008)