FOR THE EASTERN DISTRICT OF MIq-IIGAN

SOUTHERN DIVISION

~,

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff,

Honorable MAGISTRATE JUDGE 1L STEVEN Wt-IALEN
Civil Action No.: 03-

NABI BIOPHARMACEUTICALS, Defendant.

COMPLAINT AND JURY DEMAND

NATURE OF THE ACTION

This is an action under Title I of the Americans With Disabilities Act of 1990, Title VII of the Civil Rights Act of 1964, as amended, and Title I of the Civil Rights Act of 1991, to correct

unlawful employment practices on the basis of disability and to make whole Vanessa Turner

("Turner"). The Equal Employment Opportunity Commission ("Commission") alleges that Defendant,

Nabi Biopharmaceuticals ("Nabi" or "Employer"), failed to rehire Turner, a qualified individual

with a disability (chronic renal failure), in its Detroit, Michigan facility after a medical leave of

absence due to her disability.

JURISDICTION AND VENUE

i.

Jurisdiction of this Court is invoked pursuant to 28 U.S.C. §§ 451,1331, 1337, 1343

and 1345. This action is authorized and instituted pursuant to Section 107(a) of the Americans With Disabilities Act of 1990 ("ADA"), 42 U,S.C. § 12117(a), which incorporates by reference Sections 706(t")(1) and (3) of Title VII of the Civil Rights Act of 1964, as amended ("Title VII"), 42 U.S.C. 8§ 2000e-5(f)(1) and (3), Section 707(a) of Title VII, 42 U.S.C. § 2000e-6, and pursuant to Section 102 of Title I 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 and are now being committed in the Eastern District of Michigan, Southern Division.
PARTIES~ 3. Plaintiff, EquaI 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) of Title VII, 42 U.S.C,§ 2000e-5(13(1), and by Section 707 of Title VII, 42 U.S.C. § 2000e-6. 4. At all relevant times, Defendant Nabi has been doing business in the State of Michigan and the City of Detroit, and has continuously had and does now have at least twenty-five (25) employees. 5. At all relevant times the Defendant Employer has continuously been engaged in an industry affecting commerce within the meaning of Section 101(5) of the ADA, 42 U.S.C. § 12111(5), and Section 107(a) of the ADA, 42 U.S.C. § 12117(a), and TitIe VII, 42 U.S.C. § 2000e. 6. At all relevant times, Defendant Employer has been a covered entity under Section 101(2) of the ADA, 42 U.S.C. § 12111(2) and under Section 701(b) of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e.
2

STATEMENT OF CLAIMS 7. More than thirty (30) days prior to the institution of this lawsuit, Turner filed a Charge of Discrimination with the Commission alleging violations of Title I of the ADA by Defendant Employer. All conditions precedent to the institution of this lawsuit have been fulfilled. 8. Since at least November 2000, Defendant Employer has 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)(5)(A), and 12112(b)(5)(B), as well as Title VII, Section 707, 42 U.S.C. §§ 2000e-6, at its Southfield, Michigan facility. These practices include, but are not limited to, the refusal to rehire Turner with medical restrictions. 9. Turner is a qualified individual with a disability who was and is able to perform the essential functions of the Biomedical Technician position with or without a reasonable accommodation. 10. The effect of the above-mentioned unlawful employment practices has been to deprive Turner of equal employment opportunities, and to otherwise adversely affect her status as an employee because of her disability. 11. The above-mentioned unlawful employment practices were and are intentional. 12. The above-mentioned unlawful employment practices have been to cause Turner to suffer a loss of enjoyment of life. 13. Defendant committed the above-mentioned unlawful employment practices with a reckless disregard for Turner’s federally protected rights.
PRAYER FOR RELIEF WHEREFOR.E, the Commission respectfully requests that this Court:
3

A. GRANT a permanent injunction enjoining Defendant Employer, its officers, successors, assigns and all persons in active concert or participation with it, from engaging in any unlawful employment practices which discriminate on the basis of disability;
B. ORDER Defendant Employer to institute and carry out policies, practices and programs which provide equal employment opportunities to individuals with disabilities, and which eradicate the effects of its past and present unlawful employment practices;
C. ORDER. Defendant Employer to provide training regarding the Americans with Disabilities Act, its prohibitions against disability discrimination and its accommodation requirements to all current and future employees at its Detroit, Michigan facility;
D. ORDER Defendant Employer to make whole Turner by offering her reinstatement with full seniority, providing her with appropriate lost earnings and benefits, in amounts to be proven at trial, and other affirmative relief necessary to eradicate the effects of its unlawful employment practices;
E. ORDER Defendant Employer to pay Turner for any past and future pecuniary and non-pecuniary losses resulting from the unlawful employment practices complained of in Paragraph 8, in amounts to be determined at trial;
F. ORDER Defendant Employer to pay Turner punitive damages as a result of its reckless behavior, in an amount to be determined at trial;
G. ORDER Defendant Employer to pay Turner nominal damages and other compensation as a result of its unlawful employment practices;
H. GRANT such further relief as the Court deems necessary and proper; and I. GRANT the Commission its costs in this action.
4.

Dated: 2~/~L2003

Respectfully submitted,
ERIC S. DRIEBAND General Counsel
JAMES L. LEE Depu/~, General Counsel
ADELE RAPPORq/(~44833) Regional Attorney
STANLEY PITTS (P33519) Supervisory Trial Attorney
DALE PRICE (P55578) Trial Attorney
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Detroit District Office PatrickV. McNamaraBuilding " 477 Michigan Avenue, Room 865 Detroit, Michigan 48226 (313) 226-6701

 
 fN THE UNlTED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF MICHIGAN SOUTHERN DNISION

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff,
v.

Honorable Jolm Corbett O'Meara Magistrate Judge R Steven Whalen

Civil Action No.:<03 71387

7

03-'131 '6

NABI BIOPIlAR, MACEUTlCALS,

Defendant.

SETTLEMENT AGREEMENT
1. Plaintiff, the United States Equal Employment Opportnnity Commission (the "Collnnission" or the "EEOC") commenced this action styled EEOC v, Nabi Biopharmaceuticals, Case No. 0371387 on August 22, 2003, in the United States District Court for the Eastern District ofMichigan, Southern Division, alleging that the Defendant, Nabi Biopharm3ccuticals ("Nabi") discbarged and failed to reasonably accommodate Charging Party, Vanessa Turner, in violatio1] of the Americans with Disabilities Act ("ADA"), 42 U,S.c. § 12101 et seq.
2. As a result of settlement discussions, the Commission, Vanessa Tumer, and Nabi (the "Parties") have resolved their differences and have agreed that this action should be sett/ed, and the action dismissed with prejudice. It is the intent oftha parties that this Settlement Agreement be a final and binding settlement in full disposition of any and all claims alleged or which could have been alleged in the Complaint against Nabi or in the Chargc o/' Discrimination filed by Turner, Charge No, 230-A2-00500.

NON-ADMISSION
3. This Agreement, bcing entered into by the Commission and Nabi, shaII not be construed as an admission by Nabi or any violation of the ADA or any other law, rule or regulation dealing with or in connection with equal employment opportunity.
NON-DISCRIMINATION
4. Nabi, its ofTicers, agents, employees, successors, assigns and all persons in active concert or participation with them or any of them will comply with the provisions of the ADA, 42 U.S.C. § 12101 et seq., with regard to disability discrimination and reasonable accommodation.
5. Nabi, its officers, agents, employees, successors, assigns and all persons in active concert or participation with them will make an individualized assessment of an applicant's or employee's ability ((1 work with or without reasonable accommodation pre- and post-offer and before malcing
,1 tennination or other tangible, adverse employment decisioll_ Nabi will engage in an interactive
process with the disabled employee to explore possible accommodations. Nabi will not au(omaticallytenl1inate an employee who is 011 medical1cavc because ofthe expiration ofthat leave period without, upon request by the employee, making <In individualized assessment ofwhether the employee is able to work with or Witl10ut a reasonable accommodation. Before terminating an employee on medical leave because of expiration oftha! leave, Nabi will advise the employee that they may request the company to consider granting an extension ofleave, and Nabi will provide tl1C employee contact info1111ation where tl1ey may nlake such a request. Nabi also will make an individualized assessment of whether it would be an undue hardship to extend leave until the employee is able to retulll to work, and will so extend leave where it does not constitute an undue hardship.

NON-RETALIATION
6. Nabi will not take any action against any person which constitutes intimidation, retaliation, harassment, or interference with the exercise ofsuch person's rights under the ADA because ofthe (mng ofthe Charge ofDiscrimination by Vanessa Turner, which forms the basis for the present case, or because such person gave testimony or assistance or participated in any manner in any investigation or proceeding in connection with this case under the ADA.
MONETARY COMPENSATION
7. Nabi will, within five (5) days of th" expiration of a seven (7) day revocation period after execution ofthis Af,'reement and a separate General Release by Vanessa Turner, pay Vanessa Turner Twenty Six Thousand ($26,000.00) Dollars. This amount represents paymcnt in concept for back pay and accrued interest. Nabi also will pay Five Hundred ($500.00) Dollars for the review of the General Release byeounsel retained by Vanessa Turner. Nabi will issue a W-2 form lor the backpay amount in the ordinary course of business. This monetary compensation shall be paid in a check
made payable to Vanessa Turner 18404 Mark Twain,. Detroit, MI 48237. Nabi wil,l mail this
payment to Vanessa Turner by ovemight mail within five (5) days of the expiration of a seven (7) day revocation period following execution of this Sellle111tmt Agreement and a separate General Release by Ms. Tumer. Nabi will 111<IiI copies oflhe check and ofthe overnight mail receipt to Adele Rapport, Regional Attorney, 477 Michigan Avenue, Suite 865, Detroit, Michigan 48226. The Conlluission will have the right to monitor compliance with this paragraph through inspection ofall documents relating to said disbursement, including but not limited to, a copy of the check, check stub, relum receipt, letters, and any other documents evidencing pa)111ent hereunder. 8. Nahi enters into this Agreement in consideration for and 011 condition that Vanessa Turner

execute a separate General Release in the form provided to her. TRAINING AND/OR EDUCATJONAL PROGRAMS
9. Nabi will provide a mandatory training program to all management, supervisory, and human resources personnel who arc responsihIe for making decisions regarding return to work or workplace accommodations to employees at Nabi's biomedical centers. That training program win tacus on the requirements of the federal equal employment opportunity laws, including the Americans With Disabilities Act of 1990, as amended. The training will include information and discussion regarding the ADA requirement that employers must conduct all individual assessment of an applicant's ability to perform the essential functions of the job, with or without reasonable accommodation, before disqualifying such individuals from employment. This training shall also discuss the duty of reasonable accommodation for employees with disabilities and the interactive process. The 1irst training session will commence within six (6) months of the execution of this Agreement. The training program described herein shall be completed within three (3) years of the execution of'this Settlement Agreement. Nabi will retain signed rosters of attendees containing the dates of the training and will provide copies to the EEOC consistent with Paragraph 11 below.
POSTJNG.OF NOTICE
10. Nabi shall post a copy of the Notice attached as Exhibit A in a conspicuous location at its headquarters where employee notices are posted. Thc notice shall be posted for three (3) years from the date this Settlement Agreement is executed if the posted notice become defaced, marred or otherwise made unreadable, Nabi shall post a readable copy of tile notice as soon as practical

thereafter.

REPORTING

11. Six months after execution ofthis Agreement and on the second and third anniversary oftha entry of!ilis Agreement, Nabi will submit to the Commission a report oftha steps it has taken to comply with this Agreement. Nabi's report pursuant to this paragraph shall be submitted to Adele Rapport, Regional Attorney, EEOC, Detroit District Office, 477 Michigan Avenue, Suite 856, Patrick Y. McNamara Building, Detroit, Michigan 48226. The reponing obligations under this paragraph shall cease after Nabi submits the report due on or about the third year armiversary ofthe entry ofthis Agreement.
12. The parties furth(lr agree that they may request the Court to (lxercise all available, equitable powers, including injunctive relief; to enforce this Agreement. The parties also agree lhat either of them may request a hearing for the purpose ofreviewing any party's compliance with this Agreement and/or ordering appropriate rclicfto determine whether the parties have complied with lhe tenns of this Agreemcnt. Prior to seeking review by the Court, the parties agree 10 engage in a good faith effort to rcsolve any dispute concerning compliance with the A&'l'eement. Any party seeking court review of a matter shall be required to give ten (10) days notice to the other parties before moving for such review.
COURT COSTS AND ATTORNEYS FEES

13. Each party shall hear its own court costs and attorney fces. MISCELLANEOUS

14. If any provision(s) of this Agreement is found to he unlawful, only the specific provision(s)

in question shall be affected and the other provisions will remain in full force and effect. 15, The temlS of this Agreement shall be binding upon the present and future owners, office, directors, employees, creditors, agents, trustees, administrators, successors, representatives, and assigns ofNabi, and on all present and future agents, directors, Commissioners, or omcers ofthe
EEOC.
16, This Agreement constitutes the entire agreement and commitments of the parties. Any modifications to this Agrccrncntmust be mutually agreed upon and memorialized in a writing signed by Nabi and the COllllnission. 17. When this Agreement requires or permits the submission any documents by Nabi to the COllllrussion, if not otherwise indicated in the A/;'Teement, they shall be mailed to Adele RapP(IJt, Regional Attomey, EEOC, Detroit District Office, Patrick V. McNamara Federall:3uilding, 477 Michigan Avenne, Room 865, Detroit, MI 48226.

TN WITNESS WHEREOF, this Agrecmcnthas been executed by the Parties as ofthis 1t-day of December, 2004,

For the Equal Employment Opportunity Commission:

-,- ~ 1l1i1MeL
Adele Rapport (P44833I Regional Attomey

-D-A'-l~:-J,-,l-=L+,/J"-'Ji'------,""'", "

Stanley Pitts (P335 I 9) Supervisory Trial Attorney

Dale Price (P55578) Trial Attorney

Attorneys for Plaintiff Detroit District Office Patrick V. McNamara Federal Building 477 Michigan Avenue, Room 865 Detroit, MI 48226
For Nabi:
By:

12·23' -01.(
DATED

HONORABLE

DATE

EXHIBIT A NOTICE TO ALL EMPLOYEES This Notice is being posted to inform you ofyour rights guaranteed by federal law undcrthe Americans With Disabilities Act, 42 U.S.C. § 12101 et seq. ("ADA''). The ADA prohibits discrimination against any employee on the basis of disability with regard to any teml or condition of employment inc! uding hiring, layoff, recall, promotion, discharge, pay and fringe benefits or in retaliation for the opposition to unlawful employment practices. Nabi's corporate policies and procedures prohibit discrimination in any way against employees.
The United States Equal Employment Opportunity Commission is the federal agency which
investigates charges of unlawful employment discrimination and, if necessary, mes lawsuits in
federal court to enforce the anti-discrimination provisions ofthe ADA. Any employee who believes that he/she is the victim of discrimination or retaliation has the legal right to file a charge of
discrimination with the U.s. Equal Employment Opportunity Commission,
Nabi supports and will comply with this federal law in all respects. Nabi will not takc any action against any employees bccallse (hey have exercised their rights under (he ADA,

Dated

Nabi Biophannaceuticals

D,,-12-1DD4 Ol,l'" F,om"EEOC DEnolT OISTRICT ore
Attorneys'for Plailltiff Dotroit District Office l'attic:k V, MeN"",,,,. I'edernl Bmlding 477 Miehill'"l Avenue, ROOln 865 Petroit. MI 4si26
For Nabi:
~~~~~::::::--::::: - - - R 'hard Clark S P Administration,snd CAO 1...',_ _ _ __
IT IS SO O)U)F..RF.D:
HONORABLE

m m 6614

1-140 POOI/OOI HE!

\L-~3-oq
DATI:\'D
DAtE

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

https://ecf.mied.uscourts.gov/cgi-bin/DktRpt.pl?938605499742407-L_3...

U.S. District Court Eastern District of Michigan (Detroit) CIVIL DOCKET FOR CASE #: 2:03-cv-73187-JCO

CLOSED, RSW

EEOC v. Nabi Assigned to: Honorable John Corbett O'Meara Demand: $0
Plaintiff Equal Employment Opportunity Commission

Date Filed: 08/22/2003 Date Terminated: 02/11/2005 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff
represented by Adele Rapport Equal Employment Opportunity Commission 477 Michigan Avenue Room 865 Detroit, MI 48226 313-226-5670 Email: Adele.Rapport@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED
Dale R. Price, Jr. Equal Employment Opportunities Commission 477 Michigan Avenue Suite 865 Detroit, MI 48226 313-226-7808 Email: dale.price@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED
Eric S. Drieband Equal Employment Opportunity Commission 1801 L Street, N.W. Washington, DC 20507 LEAD ATTORNEY ATTORNEY TO BE NOTICED
James L. Lee Equal Employment Opportunity Commission 1801 L Street, N.W. Washington, DC 20507 202-634-6592

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V.
Defendant Nabi Nabi Biopharmaceuticals

LEAD ATTORNEY ATTORNEY TO BE NOTICED
Stanley H. Pitts Honigman, Miller, 660 Woodward Avenue Suite 2290 Detroit, MI 48226-3506 313-465-7516 Email: spitts@honigman.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Carey A. DeWitt Butzel Long 150 W. Jefferson Suite 100 Detroit, MI 48226-4430 313-225-7000 Fax: 313-225-7080 Email: dewitt@butzel.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed 08/22/2003 09/17/2003 09/17/2003 09/25/2003 10/16/2003 10/17/2003
02/13/2004

#

Docket Text

1 COMPLAINT with jury demand (lh) (Entered: 08/26/2003)
2 ANSWER by defendant Nabi to complaint [1-1] with proof of service. (RH) (Entered: 09/18/2003)
2 AFFIRMATIVE defenses by defendant Nabi (RH) (Entered: 09/18/2003)
3 NOTICE setting scheduling conference for 1:30 10/20/03 (ew) (Entered: 09/26/2003)
4 JOINT status report, with proof of service. (PP) (Entered: 10/17/2003)
5 PRETRIAL scheduling order by Judge John Corbett O'Meara - setting deadline for discovery for 6/1/04 , setting deadline for plaintiff's witness list 2/15/04; defendant witness list due 3/25/04 , setting deadline for filing dispositive motions for 6/30/04 , setting deadline for final pretrial order for 9/22/04 , setting final pretrial conference for 3:30 9/29/04 , setting civil jury trial for 10/5/04 (RH) (Entered: 10/22/2003)
6 WITNESS LIST by Equal Employment Opportunity Commission (PPaul, ) (Entered: 02/24/2004)

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03/29/2004 05/14/2004 05/17/2004
06/25/2004
09/13/2004
11/03/2004 02/11/2005

7 WITNESS LIST by Nabi. (NHoll, ) (Entered: 04/12/2004)
8 STIPULATED protective order Signed by Judge John Corbett O'Meara. (PPaul, ) (Entered: 05/18/2004)
9 STIPULATION AND ORDER modifying scheduling order Trailing Trial Docket set for 1/4/2005. Final Pretrial Conference set for 12/8/2004 03:30 PM before Honorable John Corbett O'Meara. Signed by Honorable John Corbett O'Meara. (PPaul, ) (Entered: 05/18/2004)
10 STIPULATION AND ORDER modifying scheduling order Dispositive Motions due by 11/1/2004. Trailing Trial Docket set for 3/4/2005. Final Pretrial Conference set for 2/9/2005 03:30 PM before Honorable John Corbett O'Meara. Signed by Honorable John Corbett O'Meara. (PPaul, ) (Entered: 06/28/2004)
11 STIPULATION AND ORDER modifying scheduling order Dispositive Motion Cut-off set for 1/15/2005 Trailing Trial Docket set for 5/4/2005. Final Pretrial Conference set for 4/6/2005 03:30 PM before Honorable John Corbett O'Meara. Signed by Honorable John Corbett O'Meara. (PPaul, ) (Entered: 09/14/2004)
12 STIPULATION AND ORDER modifying scheduling order Signed by Honorable John Corbett O'Meara. (PPaul, ) (Entered: 11/05/2004)
13 ORDER of settlement agreement Signed by Honorable John Corbett O'Meara. (PPaul, ) (Entered: 02/14/2005)

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