UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN

EQUAL EMPLOYMENT

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OPPORTUNITY COMMISSION, )

Plaintiff, )

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THESALVATlONARMY,

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Defendant. )

DAVID~}t LlI.WSON
02-10192
CIVIL ACTION NO.

MAGISTRATE JUDGE BINDER

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COMPLAINT

AND JURY TRIAL DEMAND

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NATURE OF THE ACTION

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This is an action under Title VII of the Civil Rights Act of 1964, as amended,and;:rntle

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

retaliation and to make whole Gerard Tomaszewski, Donna Reed, Shannon Trelfa, and Beverlee

Garrett, former employees adversely affected by the unlawful employment practices. The

Salvation Army retaliated against Gerard Tomaszewski by unlawfully discharging him for

complaining about religious harassment based on his religion, Catholic. The Salvation Army also

retaliated against Donna Reed, Shannon Trelfa, and Beverlee Garrett by unlawfully discharging

them for complaining that they were subjected to sexual harassment.

JURISDICTION AND VENUE 1. Jurisdiction of this Court is invoked pursuant to 28 U.S.C. Sections 451, 1331, 1337, 1343 and 1345. This action is authorized and instituted pursuant to Section 706(t)(1) and (3) of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. Section 2000e, et seq.

("Title VII"). 2. The unlawful employment practices alleged below were and are now being
committed within the jurisdiction of the United States District Court for the Eastern District of Michigan.
PARTIES 3. 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 VII, and is expressly authorized to bring this action by Section 706(f)(1), of Title VII, 42 U.S.C. Section 2000e-5(t)(1). 4. At all relevant times, Defendant, The Salvation Army (the "Employer"), has continuously been doing business in the State of Michigan and the City of Alpena, and has continuously had and does now have at least fifteen employees. 5. At all relevant times, the Defendant Employer has continuously been an employer engaged in an industry affecting commerce within the meaning of Section 701(b), (g) and (h) of Title VII, 42 U.S.C. Section 2000e-(b), (g) and (h),
CONCILIATION 6. Prior to the institution of this lawsuit, the Commission's representatives attempted to eliminate the unlawful employment practices hereinafter alleged and to effect voluntary compliance with Title VII through informal methods of conciliation, conference, and persuasion within the meaning of Section 706(b) of Title VII, 42 U.S.C. Section 2000e-5(b).
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STATEMENT OF CLAIMS 7. More than thirty (30) days prior to the institution of this lawsuit, Gerard Tomaszewski, Donna Reed, Shannon Trelfa, and Beverlee Garrett filed charges with the Commission alleging violations of Title VII by Defendant Employer. All conditions precedent to the institution of this lawsuit have been fulfilled. 8. Since at least October 2000, the Defendant Employer has engaged in unlawful employment practices at its Alpena, Michigan facility in violation of Section 704(a) of Title VII, 42 U.S.C. Section 2000e-3(a). The unlawful practices complained of include the termination of Gerard Tomaszewski, Donna Reed, Shannon Trelfa, and Beverlee Garrett in retaliation for engaging in protected activity. 9. The effect of the practices complained of above has been to deprive Gerard Tomaszewski, Donna Reed, Shannon Trelfa, and Beverlee Garrett of equal employment opportunities and otherwise adversely affect their status as prospective employees, employees, or former employees because they participated in activity made unlawful by Title VII. 10. The unlawful employment practices complained of in Paragraph 8, above, were done with malice andlor reckless indifference to the federally protected rights of Gerard Tomaszewski, Donna Reed, Shannon Trelfa, and Beverlee Garrett.
PRAYER FOR RELIEF WHEREFORE, the Commission respectfully requests that this Court: 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
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employment practice which discriminates on the basis of retaliation. B. ORDER Defendant Employer to institute and carry out policies, practices and
programs which provide equal employment opportunities for individuals who engage in protected activity under Title VII, and which eradicate the effects of its past and present unlawful employment practices.
C. ORDER Defendant Employer to make whole Gerard Tomaszewski, Donna Reed, Shannon Trelfa, and Beverlee Garrett by providing them with compensation for past and future pecuniary and non-pecuniary losses, in amounts to be determined at trial, and by affording them other affinnative relief necessary to eradicate the effects of the Defendant Employer's unlawful employment practices; and by providing them with appropriate back pay with prejudgment interest, in amounts to be proved at trial, reinstatement, and other affirmative relief necessary to eradicate the effects of its unlawful practices.
D. ORDER Defendant Employer to pay punitive damages to Gerard Tomaszewski, Donna Reed, Shannon Trelfa, and Beverlee Garrett for its malicious and/or reckless conduct described in Paragraph 8, above.
E. ORDER Defendant Employer to provide training to its management employees regarding Title VII's prohibitions against discrimination and retaliation.
F. GRANT such further relief as the Court deems necessary and proper. G. AWARD the Commission its costs in this action.
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JURY TRIAL DEMAND
The Commission requests a jury trial on all questions of fact raised by this Complaint.
Respectfully submitted,
NICHOLAS M. INZEO Acting Deputy General Counsel
GWENDOLYN YOUNG REAMS Associate General Counsel
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 1801 "L" Street, N.W. Washington, D.C. 20507

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ADELE RAPPO#" (P44833) Regional Attorne"yi
ROBERT K. DAWKINS (P38289) Supervisory Trial Attorney
Patrick V. McNamara Building 477 Michigan Ave., Room 1540 Detroit, Michigan 48226 (313) 226-3406

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN
NORTHERN DIVISION
EQUAL EMPLOYMENT

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OPPORTUNITY COMMISSION,

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Plaintiff,

CASE NO. 02-10192

HON. DAVID M. LAWSON

v.

THE SALVATION ARMY,

Defendant.
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Adele Rapport (P44833) Stanley H. Pitts (P33519) Equal Employment Opportunity Commission Attorneys for Plaintiff Patrick V. McNamara Bldg, Rm 865 477 Michigan Ave. Detroit, MI 48226 (313) 226-3410

Scott D. Norton (P35717) Norton & Norton Attorney for Defendant 401 S. Old Woodward, Ste. 450 Birmingham, MI 48009-6636 (248) 203-9940/9950 (Fax)
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AMENDED CONSENT DECREE

Plaintiff, the United States Equal Employment Opportunity Commission ("the

Commission"), filed this action on July 10, 2002, in the United States District Court for the

Eastern District of Michigan, Northern Division. The Commission alleges that The Salvation

Army ("Defendant" or "Salvation Army") violated Title VII of the Civil Rights Act of 1964, as

amended, and Title I of the Civil Rights Act of 1991 when it retaliated against Gerard

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, Tomaszewski by unlawfully discharging him for complaining about religious harassment based on his religion, Catholic. The Commission further alleges that Defendant retaliated against Donna Reed, Shannon Trelfa, and Beverlee Garrett by unlawfully discharging them for complaining that they were subjected to sexual harassment. As a result of settlement discussions, the Commission and Defendant have resolved theirdifferences and have agreed thatthis action should be settled. It is the intent ofthe parties that this Decree be a final and binding settlement in full disposition of any and all claims alleged against Defendant or which could have been alleged against Defendant in the complaint filed by the Commission on behalf of Tomaszewski, Reed, Trelfa and Garrett, with the exception of the medical benefits claim of Garrett. That claim shall be resolved by the Court pursuant to the Court's Order Approving Partial Settlement And Prescribing Procedure. For Resolution Of Remaining Issue. Directing Parties to File Trial Briefs. And Setting Litigation Dates entered May 3D, 2003. STIPULATED FACTS The Commission is the agency of the United States government authorized by Title VII to investigate allegations of unlawful employment discrimination, to bring civil actions to prohibit unlawful practices, and to seek relief for individuals affected by such practices. Pursuant to Title VII, the parties acknowledge the jurisdiction of the United States District Court for the Eastern District of Michigan, Northern Division, over the subject matter and the parties to this case for the purpose of entering this Decree and, if necessary, enforcing this Decree. Venue is appropriate in the Eastern District of Michigan, Northern Division. For 2

purposes of this Decree and any proceedings related to this Decree only, Defendant agrees
that all statutory conditions precedent to the institution of this lawsuit against Defendant have
been fulfilled. FINDINGS
Having examined the terms and provisions of the Consent Decree and based on the pleadings, records, and stipulations of the parties, the Court finds the following:
a. The Court has jurisdiction over the subject matter of the action and the parties to this action.
b. The terms and provisions of this Consent Decree are fair, reasonable and just. The rights of Defendant and the Commission are protected adequately by this Decree.
c. This Consent Decree conforms with the Federal Rules of Civi I Procedure and Title VII, and is not in derogation of the rights and privileges of any person. The entry of this Consent Decree will further the objectives of Title VII and other applicable laws and will be in the best interests of the parties and those for whom the Commission seeks relief.
NOW, THEREFORE, IT IS HEREBY DECREED AS FOLLOWS: NON·ADMISSION
This Decree shall not constitute an adjudication or finding on the merits of the case and shall not be construed as an admission by The Salvation Army of any violation ofTitle VII of the Civil Rights Act of 1964, as amended. Similarly, this decree shall not be construed as an admission by the Commission that any claim asserted by it in this action was not valid or that
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any defense asserted by Defendant was valid.

NON·DlSCRIMINATION

The Salvation Army, its officers, agents, employees, successors, assigns and all persons

in active concert or participation with them or any of them, shall comply with the provisions

of Title VII.

NON·RETAlIATION

The Salvation Army shall not take any action against any person which constitutes

intimidation, retaliation, harassment or interference with the exercise of such person's rights

under federal law because of the filing of a charge of discrimination with the Commission,

which forms the basis for the present case, or because such person gave assistance or

participated in any manner in any investigation or proceeding in connection with this case

under Title VII.

MONETARY COMPENSATION

The Salvation Army shall pay each Charging Party the following: Shannon Trelfa

($9,267), Gerard Tomaszewski ($7,767), Beverlee Garrett ($10,223), and Donna Reed

($4,335). The checks shall be made payable to Tomaszewski, Garrett, Reed and Trelfa, and

mailed directly to them by certified mail within 10 days after the order of dismissal has been

entered by the Court. A photocopy of each check and a photocopy of each certified mail

receipt shall be mailed to Adele Rapport, Regional Attorney, 477 Michigan Avenue, Room

865, Detroit, Michigan 48226.

REIMBURSEMENT OF ClAIMED MEDICAL EXPENSES

The Salvation Army shall pay Charging Party Beverlee Garrett $21,000 for claimed

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medical expenses arising post-termination. The check shall be made payable to Garrett and

mailed directly to her by certified mail within 10 days after the Amended Consent Decree has

been entered by the Court. A photocopy of the check and a photocopy of the certified mail

receipt shall be mailed to Adele Rapport, Regional Attorney, 477 Michigan Avenue, Room

865, Detroit, Michigan 48226.

All parties understand and agree that Garrett must execute a separate mutually-

agreeable release before paymentto her of the funds described in this paragraph. To facilitate

this process, The Salvation Army agrees to pay $250 for the review of the release by an

attorney selected by Garrett.

REFERENCES AND PERSONNEL RECORDS

The Salvation Army shall provide neutral references on behalf of each of the Charging

Parties: Shannon Trelfa, Beverlee Garrett, Gerald Tomaszewski and Donna Reed. The

reference shall simply identify the position each employee worked, and how long each

worked at The Salvation Army. Furthermore, The Salvation Army shall purge each of the

Charging Party's employee files of all references to the termination of employment and reasons

for same.

TRAINING

The Salvation Army shall provide mandatory training regarding Title VII to all current

managers and supervisors once every twelve months. The training shall specifically include

Title VII's prohibition against sexual and religious harassment to all employees. The training

shall include an explanation of the types of incidents that can be construed as sexual

harassment and religious harassment and the responsibilities of supervisory personnel who are

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informed of incidents of harassment. In addition, the training shall address the prohibition against retaliation. The training shall emphasize Title VII's prohibition against retaliation on the basis of protected activity which includes opposing unlawful conduct and participating in the complaint process. The training shall be provided to new employees, managers and supervisors within six months of hire or appointment.
The training of current managers and supervisors shall be completed within one year from the date this Decree has been filed with the Court. Upon completion of the training, The Salvation Army shall certify to the Commission within thirty days that the required training was undertaken and shall provide the Commission with a roster of all managers and supervisors in attendance, a list of topics covered and the identity (including corporate affiliation) of the trainer. In addition, The Salvation Army shall provide training to its human resource managers and supervisors of the employer's responsibi Iity to promptly investigate and correct incidents of harassment in the workplace. The Salvation Army shall certify to the Commission within thirty days that the required human resource training was undertaken and shall provide the Commission with a roster of all employees, managers and supervisors in attendance, a list of topics covered and the identity (including corporate affiliation) of the trainer.
POSTING OF NOTICE Within ten days of the execution of this Decree, The Salvation Army shall post the notice attached as Exhibit A at its Alpena Thrift Store. The notice shall remain posted for two years. In the event that the notice becomes defaced, marred or otherwise unreadable, the Salvation Army shall immediately post a readable copy in the same manner. The Salvation
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Army shall make the notice available for inspection by the Commission upon reasonable notice.
DISPUTE RESOLUTION AND COMPLIANCE The Court shall retain jurisdiction and will have all available equitable powers, including injunctive relief, to enforce this Decree. Upon motion of either party, the Court may schedule a hearing forthe purpose of reviewing compliance with this Decree. The parties shall engage in a good faith effort to resolve any dispute as to compliance before seeking review by the Court, and shall be required to give· notice to each other ten (10) days before moving for such review. All parties may conduct expedited discovery under the Federal Rules of Civi I Procedure for purposes of determining compliance with this Decree or defending against a claim of non-compliance, with fifteen (15) business days notice for depositions, entry to premises and access to documents and, with fifteen (15) business days notice for responses to written discovery.
COURT COSTS AND ATIORNEY FEES All parties shall bear their own costs and expenses of litigation, including attorneys fees.
SEVERABILITY If any provision of this Decree is found to be unenforceable by a court of competent jurisdiction, only the specific provision in question shall be affected, and the other enforceable provisions shall remain in full force and effect.
MISCELLANEOUS The terms of this Consent Decree shall be binding upon the present and future owners,
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officers, directors, agents, trustees, administrators, successors, representatives, and assigns of The Salvation Army.
This agreement constitutes the entire agreement and commitments of the parties. Any modifications to this Decree must be mutually agreed upon and memorialized in a writing signed by authorized representatives of The Salvation Army and the Commission.
When this Consent Decree requires or permits the submission by The Salvation Army ,of any documents to the Commission, the documents shall be mailed by certified mail to Adele Rapport, Regional Attorney, EEOC, Detroit District Office, 477 Michigan Avenue, Roorn 865, Patrick V. McNamara Building, Detroit, Michigan 48226.
TERM OF DECREE This Decree shall remain in effect for two years from the date of the execution of the original Decree by The Salvation Army.
RIGHTS AND OBLIGATIONS The terms of this Decree have been fully reviewed by the appropriate officials of the Commission and The Salvation Army, and both the Commission and The Salvation Army enter into the Decree knowingly and voluntarily, with a firm understanding of both the rights they are giving up and the obligations they are undertaking by this Decree.
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EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

THE SALVATION ARMY

NICHOLAS INZEO Acting Deputy General Counsel
GWENDOLYN YOUNG REAMS Associate General Counsel

By:
dqf;fd4-tf0s
Rlpresentative, The Salvation Army

ADELE RAPPORT 44833) Regional Attorney
STANLEY H. PITTS (P33519) Supervisory Trial Attorney
DETROIT DISTRICT OFFICE Patrick V. McNamara Federal Building 477 Michigan Avenue, Room 865 Detroit, MI 48226 (313) 226-6701

r/ Dated: Pit 0 J (

IT IS SO ORDERED: DEC 23;t003
Date

,
TED STATES TRICT JUDGE HONORABLE DAVID M. LAWSON

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

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U.S. District Court Eastern District of Michigan (Bay City) CIVIL DOCKET FOR CASE #: 1:02-cv-10192-DML

CEB, CLOSED

EEOC v. Salvation Army Assigned to: Judge David M Lawson Demand: $0 Plaintiff Equal Employment Opportunity Commission
V.

Date Filed: 07/10/2002 Date Terminated: 12/23/2003 Jury Demand: Both 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
Robert K. Dawkins Equal Employment Opportunities Commission 477 Michigan Avenue Suite 865 Detroit, MI 48226 313-226-4600 Fax: 313-226-2778 Email: robert.dawkins@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

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Defendant Salvation Army

represented by Scott D. Norton Norton & Norton 401 S. Old Woodward Suite 450 Birmingham, MI 48009-6636 248-203-9940 Fax: 248-203-9940 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed 07/10/2002 07/26/2002 07/26/2002 09/26/2002 10/18/2002 10/21/2002 10/22/2002
11/13/2002 12/16/2002 01/09/2003 01/22/2003

#

Docket Text

1 COMPLAINT; jury demand (bs) (Entered: 07/12/2002)
2 APPEARANCE for defendant Salvation Army of attorney Scott D. Norton (bs) (Entered: 07/29/2002)
3 ANSWER by defendant Salvation Army to complaint [1-1] with proof of service and jury demand. (bs) (Entered: 07/29/2002)
4 NOTICE of setting civil status conference and , setting scheduling conference for 9:00 10/21/02 (bs) (Entered: 09/26/2002)
5 STATUS AND SCHEDULING CONFERENCE STATEMENT by defendant Salvation Army; with proof of service. [EOD Date: 10/21/02] (bs) (Entered: 10/21/2002)
SCHEDULING conference held - Judge David M. Lawson (tj) (Entered: 10/21/2002)
6 PRETRIAL scheduling order by Judge David M. Lawson - setting deadline for witness list for 11/4/02 , setting deadline for expert disclosure for plaintiff for 12/30/02 and 01/17/03 for defendant , setting deadline for discovery for 2/28/03 , setting civil status conference for 12:30 12/16/02 , setting deadline for filing dispositive motions for 3/14/03 , setting deadline for filing motions in limine for 4/22/03 , setting deadline for final pretrial order for 5/20/03 , setting final pretrial conference for 3:30 5/27/03 , setting civil jury trial for 8:30 6/10/03 (bs) (Entered: 10/22/2002)
7 WITNESS list by defendant Salvation Army, with proof of service. (bs) (Entered: 11/13/2002)
STATUS conference held - Judge David M. Lawson (tj) (Entered: 12/16/2002)
8 ORDER by Judge David M. Lawson, referral to facilitative mediation to take place no later than 01/31/03 and setting civil status conference for 10:00 1/29/03 [EOD Date 1/9/03] (bs) (Entered: 01/09/2003)
9 NOTICE of rescheduled civil status conference for 3:00 1/28/03 before Judge Lawson (bs) (Entered: 01/23/2003)

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01/28/2003 02/27/2003
02/27/2003
03/13/2003 03/17/2003 04/01/2003 05/22/2003 05/23/2003 05/29/2003 05/30/2003
06/23/2003 08/14/2003 08/20/2003 09/04/2003 09/04/2003 09/11/2003 09/22/2003 10/27/2003 12/23/2003

STATUS conference held - Judge David M. Lawson (tj) (Entered: 01/28/2003)
10 MOTION by plaintiff EEOC to substitute service for plaintiff EEOC with brief in support, affidavit of Krystal M. Gardner and attachment. (bs) (Entered: 03/03/2003)
11 STIPULATION by defendant Salvation Army, plaintiff EEOC , to extend discovery to depose witness evading service. [EOD Date: 3/3/03] (bs) (Entered: 03/03/2003)
12 ORDER by Judge David M. Lawson granting motion to substitute service for plaintiff EEOC by EEOC [10-1] [EOD Date 3/13/03] (bs) (Entered: 03/13/2003)
13 APPEARANCE for plaintiff EEOC of attorney Dale R. Price Jr., with proof of service.. (bs) (Entered: 03/17/2003)
14 PROOF of service by plaintiff EEOC of Re-Notice of Taking Deposition of Leon Wilderson (bs) (Entered: 04/02/2003)
15 NOTICE of rescheduling final pretrial conference for 3:00 5/29/03 (bs) (Entered: 05/22/2003)
16 JOINT pretrial order with proof of service (cg) (Entered: 05/23/2003)
SETTLEMENT conference held, case settled - Judge David M. Lawson - Court Reporter: Charlene McLoughlin (tj) (Entered: 05/30/2003)
17 ORDER by Judge David M. Lawson, approving partial settlement and prescribing procedure for resolution of remaining issue, discovery relating to payment of medical bills by 07/31/03, directing parties to file trial briefs by 08/14/03, response to trial briefs by 09/04/03, hearing scheduled for 09/17/03, 2:30 [EOD Date 5/30/03] (bs) (Entered: 05/30/2003)
18 CONSENT decree entered by Judge David M. Lawson, with proof of service. [EOD Date: 6/23/03] (bs) (Entered: 06/23/2003)
19 TRIAL brief by plaintiff EEOC, with attachments. (bs) (Entered: 08/19/2003)
20 TRIAL brief by defendant Salvation Army, with attachments and proof of service. (bs) (Entered: 08/21/2003)
21 ANSWER by plaintiff EEOC to trial brief by Salvation Army [20-1], with proof of service. (bs) (Entered: 09/05/2003)
22 ANSWER by defendant Salvation Army to trial brief by EEOC [19-1], with attachments. (bs) (Entered: 09/05/2003)
TELE-CONFERENCE held - Judge David M. Lawson (tj) (Entered: 09/11/2003)
23 ORDER by Judge David M. Lawson with stipulation, adjourning and re-setting hearing for 10:00 10/6/03 [EOD Date: 9/23/03] (bs) (Entered: 09/23/2003)
SETTLEMENT held and placed on the record - Judge David M. Lawson, Court Reporter: Jean Broucek - Tape (tj) (Entered: 10/27/2003)
24 AMENDED CONSENT decree entered by Judge David M. Lawson [EOD Date: 12/23/03] (cg) (Entered: 12/23/2003)

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