Case 1:04-cv-12097-GAO Document 1-1 Filed 09/30/2004 Page 1 of 7

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UNITED STATES D!ISTRICT COURl \''. r_I<.\S ')' t

DISTRICT OF MASSACHUSETTS 11 •• -·

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EQUAL EMPLOYMENT OPPORTUNI"J'v)

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COMMISSION,

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lj'~·=- -,,

..,MJ3!? Plaintiff,

)

1 A.

MAGISTRAT:E JUDGE

)

-against-

)

)

)

Washington Group International, Inc.

)

)

)

Defendant.

)

________________________ )

NATURE OF THE ACTION This is an action under Title VII of the Civil Rights Act of 1964 and Title I of the Civil Rights Act of 1991 to correct unlawful employment practices on the basis of race and retaliation by Washington Group International (hereafter "WGI" or "Defendant"), and to make whole Joe Willis, Godwin Enagbarre, John Baldwin, Johannes Kaindoh, Wayne Henderson, and Leonard Bell (hereafter referred to collec:tively as "Charging Parties") and a class of similarly situated individuals affected by Defendant's discriminatory practices. As alleged in greater detail in paragraph 7 below, Defendant subjected Charging Parties to unlawful discrimination by (1) creating and failing to remedy a hostile work environment on the basis of race; and (2) terminating Charging Parties on the basis of their race and protected activities.
JURISDICTION AND VENUE I. Jurisdiction of this Court is invoked pursuant to 28 U.S.C. §§ 451, 1331, 1337,
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1343 and 1345. This action is authorized and instituted pursuant to Section 706(f)(l) and (3) of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. §2000e-5(f)(l) and (3).
2. The employment practices alleged to be unlawful were committed within the jurisdiction of the United States District Court of Massachusetts.
PARTIES 3. Plaintiff, the Equal Employment Opportunity Commission (the "Commission"), is the agency of the United States of America charged with the administration, interpretation and enforcement of Title VII, and is expressly authorized to bring this action by Section 706(f)(l) and (3) ofTitle VII, 42 U.S.C. §2000e-5(f)(l) and (3). 4. At all relevant times, Defendant has continuously been a Delaware corporation doing business in the Commonwealth of Massachusetts, and has continuously had at least 15 employees. 5. At all relevant times, Defendant has continuously been an employer engaged in an industry affecting commerce within the meaning of Sections 70l(b), (g) and (h) of Title VII, 42 U.S.C. §§ 2000e(b), (g) and (h).
STATEMENT OF CLAIMS 6. More than thirty days prior to the institution of this lawsuit, each of the Charging Parties, all of whom are African-American, filed a charge with the Commission alleging violations of Title VII by Defendant. All conditions precedent to the institution of this lawsuit have been fulfilled. 7. Since at least 2002, Defendant has <engaged in unlawful employment practices in violation of Section 703 (a) of Title VII, 42 U.S.C. §2000e-(a) and (b). These practices included,
2

Case 1:04-cv-12097-GAO Document 1-1 Filed 09/30/2004 Page 3 of 7
but are not limited to, the following: a.) Employees at Defendant's Everett, Massachusetts ("Sithe Mystic") construction
site subjected Charging Parties and other similarly situated African-American workers, both directly and/or indirectly, to offi~nsive racially harassing conduct, including, but not limited to racially offensive and demeaning language, and graffiti of a racial nature. The racially offensive language and graffiti complained of included but was not limited to use of the terms "nigger," "brother fucking nigger," and "ape," as well as sexually explicit and demeaning language directed at African-American individuals, and it often took place in the presence of supervisors. This unlawful harassment also included the theft of work tools and the insubordination to African-American foremen because of their race.
b.) When Charging Parties complained to supervisors about the harassing conduct, their complaints were not addre:ssed promptly or effectively, the supervisors took no action to investigate or prevent the harassment, and Charging Parties' complaints were not kept confidential, resulting in continued and increased harassment and retaliation against Charging Parties and similarly situated African-Americans, including additional graffiti. The new graffiti's severity escalated and included, but was not limit,~d to, death threats, such as "Kill all those niggers. Ha!! Ha!! Ha! !";"tell your 2 kids watch out! they will pay for your Ratty mouth you DUMB Nigger, signed KKK"; and an image of Mr. Enagbarre being run over by a bus.
c.) Defendant allowed the racially offensive graffiti to remain on the site for between several weeks to several months at a time, including graffiti that was specifically reported to supervisors by Charging Parties and their union representative.
d.) One of Defendant's Foremen, who supervised Mr. Baldwin, Mr. Kaindoh, and
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Mr. Bell, subjected Charging Parties and other similarly situated African-American workers, both directly and/or indirectly, to offensive racially harassing conduct, including, but not limited to, repeated use of the word "nigger" to refer to Afric:m-Americans.
e.) Defendant failed to exercise reasonable care to prevent and correct promptly the

harassing behavior. f.) Defendant terminated the employment of Mr. Kaindoh and Mr. Bell on the basis
of race. Prior to the termination of Mr. Kaindoh and Mr. Bell for allegedly leaving work without informing a supervisor, one of Defendant's Foremen pointed to them and said, "In a couple of weeks, those two niggers will be gone." After Mr. Kaindoh and Mr. Bell were fired, one of Defendant's foremen claimed responsibility for both terminations, stating,"! just got your boy

fired." g.) Defendant terminated the employment of Mr. Enagbarre and Mr. Henderson and
other similarly situated individuals in retaliation for their opposition to the above-described

harassment on the basis of race.

8. Defendant's practices complained of in paragraph 7 above deprived Charging

Parties and other similarly situated individuals of equal employment opportunities and otherwise

adversely affected Charging Parties' employment, because of their race and protected activities.

9.

Defendant's unlawful employment practices complained of in paragraph 7 above

were intentional. I0. Defendant's unllawful employment practices complained of in paragraph 7 above
were done with malice or with reckless indifference to the federally protected rights of the Charging Parties and similarly situated individuals.

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PRAYER FOR RELIEF Wherefore, the Commission respectfully requests that this Court: A. Grant a permanent injunction enjoining Defendant, its officers, successors, assigns, and all persons in active concert or participation with it, from engaging in any employment practices which discriminate on the basis of race or that retaliate against individuals for engaging in protected activity; B. Order Defendant to institute and carry out policies, practices and programs which provide equal employment opportunities for employees engaging in protected activity, and which eradicate the etl'ects of Defendant's past and present unlawful employment practices; C. Order Defendant to make whole all those individuals affected by the unlawful employment practices described above, by providing appropriate back pay with prejudgment interest, in amounts to be determined at trial, and other affirmative relief necessary to eradicate the effects of Defendant's unlawful employment practices; D. Order Defendant to make whole all those individuals adversely affected by the unlawful employment practices described above by providing compensation for non-pecuniary losses, including pain, suffering, and humiliation in amounts to be determined at trial;
E. Order Defendant to pay all those individuals adversely affected by the unlawful employment practices described above, by providing compensation for past and future pecuniary losses in amounts to be determined at trial.
F. Order Defendant to pay all those individuals adversely affected by the unlawful employment practices described above punitive damages for its malicious and/or reckless conduct in amounts to be detennined at trial.
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G. Grant such further relief as the Court deems necessary and proper. H. Award the Commission its costs in this action.
JURY TRIAL DEMAND The Commission requests a jury trial on an questions of fact raised by its complaint.

Dated: Boston, Massachusetts September 30, 2004

Resp,~ctfully submitted,
Eric S. Dreiband, General Counsel James L. Lee, Deputy General Counsel Gwendolyn Y. Reams, Associate General Counsel EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 1801 L Street, N.W. Washington, D.C. 20507
Elizabeth Grossman Acting Regional Attorney EQUAL EMPLOYMENT OPPORTUNITY COMMISSION New York District Office 33 Whitehall, 5'h Floor
T;t ( New York, NY 10004-2112 2) 336-3696; Fax: (212) 336-3623 El\~b rossman@eeoc.gov

alae· s Senior ·a! torney (MA BBO 640786) EQUAL PLOYMENT OPPORTUNITY COMMI SION Boston Area Office John F. Kennedy Federal Building,
Room 475 Boston, MA 02203-0506 (617) 565-3193 Rosa.Palacios@eeoc.gov

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 Case 1:04-cv-12097-GAO Document 17 Filed 01/19/2005 Page 1 of 8

UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS

EQUAL EMPLOYMENT OPPORTUNITY )

COMMISSION,

)

Plaintiff

)

and

)

)

JOHN BALDWIN, LEONARD BELL,

)

JOHANNES KAINDOH, AND WAYNE

)

HENDERSON"

)

Intervenor Plaintiffs,

)

)

v.

)

)

WASHINGTON GROUP

)

INTERNATIONAL, INC., and

)

RON BENNETT, individually,

)

MICHAEL FOGARTY, individually and

)

DENNIS WOODRUFF, individually

)

Defenda.nts

)

I
Docket No.04-U097-GAO

COMPLAINT TO INTERVENE AS OF RIGHT AND JURY DEMAND

I. INTRODUCTION

I. This is a Complaint brought pursuant to Title VII of the Civil Rights Act of 1964,

as amended, codified at 42 U.S.c. §§ 2000 et seq. ("Title VII"), Title I of the

Civil Rights Act of 1991, Chapter 1518 of the Massachusetts General Laws

Chapter 12, Section II H, and a common law claim of Intentional Infliction of

Emotional Distress to intervene in a lawsuit filed by the Equal Employment

Opportunity Commission ("EEOC") before this Court, identified by Docket No.

04-12097. The Intervenor Plaintiffs are four former employees of the Defendant,

Washington Group International, Inc. ("WGI"), who filed charges with the

Massachusetts Commission Against Discrimination and the EEOC alleging that

Case 1:04-cv-12097-GAO Document 17 Filed 01/19/2005 Page 2 of 8
they were subjected to racially-based discrimination including but not limited to disparate: treatement, hostile work enviromnent, and that they suffered adverse employment actions due to their race and/or in retaliation for engaging in protected activities.
II. PARTIES 2. The Plaintiff, EEOC is the agency of the United States of America charged with the administration, interpretation and enforcement of Title VII. 3. The Intervenor Plaintiff, John Baldwin ("Baldwin") is an individual with a residential address at 2216 29th Street, Galveston, Texas 77550. 4. The Intervenor Plaintiff, Leonard Bell ("Bell") is an individual with a residential address at 304 S. Pine Street, Bridgeton, NJ. 5. The Intervenor Plaintiff, Wayne Henderson ("Henderson") is an individual with a residential address at 48 Ardoene Street, Providence, Rhode Island 02907. 6. The Intervenor Plaintiff, Johannes Kaindoh ("Kaindoh") is an individual with a residential address at 663 West Kingsway, Baltimore, Maryland 21220. 7. The Defe:ndant, Washington Group International, Inc., is a corporation organized under the: laws of Ohio with a principal business address at 720 Park Boulevard, Boise, Idaho 83729. At all relevant times, WGI has continuously been engaged in an industry affecting commerce within the meaning of Sections 701 (b), (g) and (h) of Title VII. 8. Defendarlt, Ron Bennett (Bennett), is an individual and on information and belief, is a resident of the Commonwealth of Massachusetts. At all times relevant to the
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Case 1:04-cv-12097-GAO Document 17 Filed 01/19/2005 Page 3 of 8
allegations set forth in this complaint, Bennett was an employee of WGI who held a managerial and/or supervisory position. 9. Defendant, Michael Fogarty (Fogarty), is an individual and on information and belief~ has a residential address at 860 Main Street, Lynnfield, Massachusetts 01940. At all times relevant to the allegations set forth in this complaint, Bennett was an employee of WGI who held a managerial and/or supervisory position. 10. Defendant, Dennis Woodruff (Woodruff), is an individual and on information and belief, is a resident of the Commonwealth of Massachusetts. At all times relevant to the allegations set forth in this complaint, Bennett was an employee of WGJ who held a managerial and/or supervisory position.
III. JURISDICTION II. This Court has subject matter jurisdiction to allow the Intervenor Plaintiffs to join this suitpursuant to Fed.R.Civ.P. 24 (a) and 28 USC §§ 451, 1331, 1337, 1343 and 1345. The action is authorized pursuant to Section 706 (f) (I) and (3) of Title VII. This Court has supplemental jurisdiction over pendent state law claims pursuant to 28 U.S.c. § 1367. 12. This Court has personal jurisdiction over this action because the employment practices alleged to be unlawful were committed within the jurisdiction of the United States District Court, District of Massachusetts.
IV. FACTS 13. Intervenor Plaintiffs were employees of WGI at the Mystic River Power Plant site in Everett, MA, and were subjected to racially harassing language and graffiti on
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Case 1:04-cv-12097-GAO Document 17 Filed 01/19/2005 Page 4 of 8
a regular basis. This included the use of phrases such as "Niggers Suck" and other racially charged comments. 14. Racially-based insults and/or derogatory comments often took place in the presence of WGI's supervisory employees, and racially offensive graffiti was allowed to remain at the work site for weeks or months before being removed. 15. Intervenor Plaintiffs complained about the use of racially offensive language and the prese:nce of racially-based derogatory graffiti. However, WGI failed to take prompt or effective action to remedy the situation. 16. Intervenor Plaintiffs were repeatedly subjected to the use of the derogatory language and racially offensive jokes. Despite the WGl's notice of this practice, it took no steps to protect its employees. 17. In fact, while on the job site, one of the Intervenor Plaintiffs' co-workers and employee ofWGI, Victor Ussow, a member of the Caucasian race, came into a trailer where they were and shouted, "I am tired of all this nigger shit!" Mr. Baldwin informed WGI's project manager and/or other WGI officials about this incident, yet the company took no effective action to remedy the situation or to discipline Mr. Ussow. 18. WGI improperly terminated the employment ofMr. Kaindoh and Mr. Bell on the basis of race. Prior to their termination, one of the WGI's foremen, while pointing at Bell and Kaindoh, stated to another employee of WGI that "In a couple of weeks, those two niggers will be gone." 19. Subsequently, Mr. Bell and Mr. Kaindoh were terminated for allegedly neglecting to clock out from work at a time that they were not even required to be present
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due to the weather. In actuality, Bell and Kaindoh had merely returned to the work site briefly after having properly clocked out and with WGI's knowledge and/or consent. 20. On Sepkmber 3, 2002, Mr. Baldwin returned from spending Labor Day weekend out of town. On that date, his plane was delayed in Atlanta, Georgia. This unavoidable delay caused him to arrive late for work. Despite the fact that he had
documentation explaining the reason for his tardiness, wen gave him a written
warning and did not allow him the opportunity to explain. On numerous occasions, Mr. Baldwin and the others observed white employees arrive late to the work sit(~. These white employees were not disciplined for their tardiness, even though WGI knew they had arrived late for work. 21. WGI also allowed Caucasian workers to break other rules with impunity such as possession of illegal substances and/or alcohol on the work site and/or fighting on the work site. 22. Mr. Henderson was terminated by the WGI after he complained about the racially-based harassment which was rampant on the WG[ work site.
V.
COUNTS -- COUNT ONE -VIOLATION OF TITLE VII, CIVIL RIGHTS ACT OF 1964 (WGI) 23. The Intervenor Plaintiffs hereby restate and incorporate all paragraphs of this Complaint and the Complaint filed by the EEOC as if fully stated herein.
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Case 1:04-cv-12097-GAO Document 17 Filed 01/19/2005 Page 6 of 8
24. WGI's practices deprived the Intervenor Plaintiffs of equal employment opportunities and adversely affected their employment because of their race and engagement in protected activities.
25. WGI's employment practices were intentional and/or were done with malice and/or reckless indifference to the rights of the Intervenor Plaintiffs.
26. As a result of WGI's actions, the Intervenor Plaintiffs have suffered damages. -- COUNT TWO --
VIOLATION OF MASSACHUSETTS GENERAL LAWS CHAPTER 151B (All Defendants)
27. The Intervenor Plaintiffs hereby restate and incorporate all paragraphs of this Complaint and the Complaint filed by the EEOC as if fully stated herein.
28. WGI is and/or was at all relevant times an employer as defined under M.G.L. c.151B.
29. The Intervenor Plaintiffs are all members of a protected class. 30. The Intervenor Plaintiffs performed the duties of their employment on no less
than on a. satisfactorily level, yet suffered disparate treatment by Defendants. 31. Defendants subjected the Intervenor Plaintiffs to adverse employment actions on
the basis of race and/or nationality, including disparate application of company regulations and, ultimately, termination. 32. Following the Intervenor Plaintiffs' terminations, WGI sought to fill their positions with individuals possessing similar qualifications and/or skill sets and/or who performed their jobs less than satisfactorily, but who were not members of a protected class.
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33. As a result of Defendants' actions, the Intervenor Plaintiffs have suffered damages . -- COUNT THREE --
INTENTIOl'iAL INFLICTION OF EMOTIONAL DISTRESS (All Defendants) 34. The Intervenor Plaintiffs hereby restate and incorporate all paragraphs of this
Complaint and the Complaint filed by the EEOC as iffully stated herein. 35. Defendants intended to inflict emotional distress upon the Intervenor Plaintiffs
and/or should have known that emotional distress was the likely result. 36. Defendants' actions were extreme, outrageous, beyond all possible bounds of
decency and utterly intolerable in a civilized society. 37. Defendants caused the Intervenor Plaintiffs to suffer emotional distress. 38. The Intervenor Plaintiffs' distress was severe and no reasonable person could be
expected to endure it. 39. As a result of the Defendants' actions, the Intervenor Plaintiffs have suffered
damages. -- COUNT FOUR --
VIOLATON OF MASSACHUSETTS CIVIL RIGHTS ACT (M.G.L. c.12, Section llH) (All Defendants)
40. The Intervenor Plaintiffs hereby restate and incorporate all paragraphs of this Complaint and the Complaint filed by the EEOC as iffully stated herein.
41. Defendants' actions constituted a violation of M.G.L. c.12, Section II H by virtue of their interference by threats, intimidation or coercion, or attempt to interfere by threats, intimidation or coercion, with the exercise or enjoyment of Intervenor Plaintiff,' rights secured by the constitution or laws of the United States, or of rights secured by the constitution or laws of the Commonwealth of Massachusetts.
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Case 1:04-cv-12097-GAO Document 17 Filed 01/19/2005 Page 8 of 8

42. As a result of the Defendants' actions, the Intervenor Plaintiffs have suffered

damages.

VI. PRAYER FOR RELIEF

WHEREFORE, the Intervenor Plaintiffs request that this Honorable Court award

the following relief:

a. Lost wages, back pay and other compensatory damages in an amount to be

d,etermined at trial;

b. Punitive damages;

c. Attorney's fees and costs;

d. Prejudgment interest;

e. All other relief prayed for in the Complaint filed by the EEOC and

e. Any other relief the Court deems fair and just.

VII. DEMAND FOR TRIAL BY JURY

The Intervenor Plaintiffs, John Baldwin, Leonard Bell, Wayne Henderson and

Johannes Kaindoh, hereby demand a trial by jury on all counts and issues so triable.

Dated: November'2.-7, 2004

Respectfully submitted, John Baldwin, Leonard Bell, Wayne Henderson and Johannes Kaindoh
- - - - By their attorney,
~;?
BBO# 643185 Corrigan, Bennett & Belfort, P.c. 404 Main St., Suite One Wilmington, MA 01887 (978) 988-1544

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 Case 1:04-cv-12097-GAO Document 21 Filed 02/14/2005 Page 1 of 10
· , ".
UNITED STATES DISTRicT COURT DISTRICT OF MASSACHUSETIS .

)

EQUAL EMPLOYMENT OI'PORTUNITY )

COMMISSSION

)

Plaintiff

)

)

and

)

)

GODWIN ENAGBARRE and

)

.JOE L. WILLIS

)

v.

)

)

WASHINGTON GROUP

)

INTERNATIONAL, INC.

)

Defendant

)

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

Docket No.: 04-12097-GAO

COMPLAINT TO INTERVENE AS OF RIGHT AND JURY DEMAND

I. INTRODUCTION
I. This is a Complaint brought pursuant to Title VII of the Civil Rights Act of 1964. as amended. codified at 42 ll.S.C §§ 2000 ef seq. ("Title V/l"). Title I of the Civil Rights Act of 1991. Chapter 151 B of the Massachusetts General Laws Chapter 12. Section II H. a common law claim of Intentional Infliction of Emotional Distress to intervene and Loss of Consortium in a lawsuit filed by the Equal Employment Opportunity Commission ("EEOC") before this Court. identified by Docket No. 04-12097. Intervenor Plaintiff Godwin Enagbare CEnagbare"). is a former employee of the Defendant. Washington Group International. Inc. ("WGr'). Intervenor Plaintiff Joe Willis ("Willis"). is a former employee of Encompass Electrical Technologies "Encompass", a subcontractor hired by

Case 1:04-cv-12097-GAO Document 21 Filed 02/14/2005 Page 2 of 10
Defendant WGI, the general contractor which at all times relevant controlled the entire worksi Ie and exercised control over its subcontractor and their employees. Plaintiff Willis worked at the work site which was primarily under the control of Defendant WGI. Both Plaintiffs Willis and Enagbare tiled charges with the Massachusetts Commission Against Discrimination and the EEOC alleging racial discrimination, hostile work environment, emotional distress and retaliation in employment in violation of both Federal and Massachusetts laws. Specifically, the Intervenor Plaintiffs allege the following facts:
II. PARTIES 2. The Plaintitf. Equal Employment Opportunity Commission is the agency of the United
States of America charged with the administration. interpretation, and enforcement of Titie VII. 3. Intervenor Plaintiff, Godwin Enagbarc is an individual with a residence address of 9 Marilyn Court, Lynn. Massachusetts 01904. 4. Intervenor Plaintiff, Joe L. Willis is an individual with a residence address of 3835 Cosby. Houston. Texas 7702. 5. Defendant Washington Group International, Inc. is a Delaware corporation doing business in the Commonwealth of Massachusetts.
Ill. JURISDICTION 6. This Court has subject matter jurisdiction to allow the Intervenor Plaintiffs to join this
suit pursuant to Fed.R.Civ.P.24 (a) and 28 U.S.C. §§ 451. 1331. 1337. 1343 and 1345. The action is authorized pursuant to Scction 706 (1)(1) and (3) of Title VII. This Court has supplemental jurisdiction over pendent state law claims pursuant to 28 U.S.c. § 1367.
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7. This Court has personal jurisdiction over this action because the unlawful employment practices as alleged in this Complaint were committed within the jurisdiction of the United States District Court, District of Massachusetts. IV. FACTS
8. Intervenor Plaintiff Enagbare is Black and ofAfrican-Nigerian descent and was employed with Defendant WGI as an Electrician from December 17,2002 until he was terminated because of the discriminatory pretext on February 13, 2003.
9. At all times relevant to this matter, WGI was the general contractor and Encompass served as its subcontractor. WGI controlled the entire worksite and exercised control over its subcontractor, including Encompass, and their employees.
10. Intervenor Plaintiff Willis is Black and of African-American descent and was employed with Defendant Encompass as an Electrician from December 17,2002 until he was tcrminated because of the discriminatory pretext on February 13,2003.
I I. Whi Ie employed by WCH, Enagbare was subjected to the following acts of racial discrimination, hostile work environment. emotional distress and retaliation. among others: (a) When Mr. Enagbare was assigned or volunteered for the position of Temporary Foreman a/k/a Queen, the white crew members refused to perform the work assignments the Complainant assigned them hecause of his race and ethnicity; (h) On one occasion. Mr. Kenny Carpenter, a co-worker, attended a WGI safety meeting wearing an overall with a tire mark across the hack of the overall. Another coworker asked "What happened to you"? Mr. Carpenter replied, "One Black nigger threw me under the bus." Mr. Enagbare promptly notified his supervisor. Mark Pelletier and the union steward. Gary Walker, about this incident; (e) On or about March or April 2002 Complainant Enaghare began to notice and was notified of the appearance of racially offensive, derogatory and threatening graffiti directed at Mr. Enagbare in the bathrooms, hallways, staircase areas and throughout the worksite which was nnder the control of the WGI;
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(d) The following is some of the contents of the gratliti: (I) Go home you nig[g]er; (2) "This is his least favorite color, white"; (3)"Godwin Fat Rat"; (4) "Godwin Suck"; (5) "Fire Godwin the Bro Fucker"; Godwin is the Bus Driving Brother Fucker"; and (6 )"KKK";
(e) The General Foreman, Mark Pelletier. acquiesced to the demands of the white coworkers who refused to work under me because of my race and ethnicity;
(t) On or about February or March 01'2002, Mike King, a co-worker of Complainant Enagbare to "Go back home [Africa], if you don't like America";
(g) After Mr. Enagbare's removal and constructive ban from the position of Temporary Foreman, Mike King, Mark Delaney, Joe Dumas and Ron Tar were promoted to the position despite the fact that they were the perpetrators who made racially offensive statements and threatened that they would not work under Mr. Enagbare's supervision for reasons including his race and nationality;
(h) The apprehension of imminent harm due to the racially hostile environment and constant threats made against Mr. Enagbare and his family publicly (by means of graffiti throughout the WGi work site), resulted in Mr. Enagbare being hospitalized. taken to the emergency and losing several days of work. For example, On August 6, 2002, Mr. Enagbare experienced sh0l1ness of breath and dizziness as a direct result of work related discrimination, racially hostile environment and stress. Mr. Enagbare was taken to Massachusetts General Hospital ("MGII") and treated for this episode. The medical stafr performed a chest x-ray, EKG and labs in order to diagnose his condition;
(il On September 7. 2002, Mr. Enagbare was rushed to the emergency room at MGH from work. He was admitted for three days. The doctor diagnosed him as suffering from "syncope and hypertension" due to "a combination of acute stress and severe hypertension from the stress [at work] may underlie these episodes. The doctor prescribed the several medications in connection with this medical incident;
(j 1 Mr. Enagbare's tools which he purchased to perform his duties while employed by
the Respondent were stolen on numerous occasions during the period of racial hostile environment; and
(k) The racially hostile environment caused Mr. Enagbare great stress which necessitated a three week unpaid vacation/stress leave from December 29, 2002-January 20. 2003, which resulted in lost wages;
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Case 1:04-cv-12097-GAO Document 21 Filed 02/14/2005 Page 5 of 10
12. Since Plaintiff Enagbare was terminated, Defendant WGI has requested the services of
electricians from the union on numerous occasions; however WGI has refused to hire Mr.
Enagbare even when he was the only qualified electrician sent to the site by the union.
13. While employed by Encompass and working at the Mystic Worksite, which was under thc
sole control ofWGI, general contractor for which Encompass provided services as a sub-
contractor, Willis was subjected to the following acts of racial discrimination, hostile
work environment, emotional distress and retaliation, among others:
(a) On August 16,2002, Alan Griffis, a caucasian co-worker of Plaintiff Willis, assaulted and battered Mr. Willis by grabbing his hand and calling him the racially otTensive term "Nigger" during said altercation;
(b) When Plaintiff Willis responded in the positive to the question posed by his supervisor Marty Kane, about whether he desired to engage in the protected activities of addressing the racial discrimination at the workplace, Mr. Kane stated "That makes my skin crawl";
(c) Plaintiff Willis was regularly threatened by his caucasian co-workers;
(d) PlaintitTWillis endured emotional distress which resulted in a necessary medical leave of absence from his employment;
(e) Mr. Willis was forced by the hostile environment and the Defendants' failure to remedy such racially hostile environment to switch to the morning shift which resulted in the respondents decreasing his hourly wage from $39.50 to $33.48 from (July 24, 2002-mid September 20(2) resulting in loss wages;
(I) With the ongoing apprehension of imminent harm due to the racially hostile environment, Mr. Willis was injured on the work site when he fell otT an eight foot ladder on August 21, 2002. He was seen at the Medcor Construction Services, Inc. Patient Care:
(g) Willis informed the doctor in writing on August 21, 2002, when he fell ofa ladder that he was in a "state of confusion" due to the racial threats and hostile environment. On August 23, 2002, Mr. Willis wrote a leiter in which he states "I can no longer conccntrate on my job, Ijust recently fell off a ladder due to lack of concentration. My co-workers have notice[d] that [have been worried about my safety.";
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Case 1:04-cv-12097-GAO Document 21 Filed 02/14/2005 Page 6 of 10
(h) The following is some of the contents of the graffiti found throughout the worksite which was under the control of WGI: o "Joe Lewis was here and fucked the Brotherhood[.] He's the type lof] Guy that gives the black Folks a bad name'!; o "Hi Joe Lewis you Brotherfucking NIGGER"; and o "Encompass" Joe Lewis a true Niggcr[.] We have a lot of good black
brothers on this job but this guy is a rarrow pointing back to the word
NiggerJ. (i) The Defendant and its subcontractor Encompass retaliated against Mr. Willis by ter-
minating his position on September 26,2002.
V. COUNTS COUNT ONE VIOLATION OF TITLE VU, CIVIL RIGHTS ACT OF 1964
14. The Intervenor Plaintiffs hereby restate and incorporate all paragraphs of this Complaint and the Complaint Filed by the EEOC as if fully stated herein.
15. WGl's practices deprived the Intervenor Plaintiffs of equal employment opportunities and adversely affected their employment because of their race. nationality (with respect to Mr. Enagbare) and engagement in protected activities.
16. WGl's employment practices were intentional and/or were done with malice and/or reckless indifference to the rights of Intervenor Plaintiffs.
17. As a direct and proximate result of WGl's actions. the Intervenor Plaintiffs have suffered damages.
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Case 1:04-cv-12097-GAO Document 21 Filed 02/14/2005 Page 7 of 10
COUNT TWO VIOLATION OF MASSACHUSETTS GENERAL LAWS CHAPTER lSlB
18. The Intervenor Plaintiffs hereby restate and incorporate all paragraphs of this Complaint and the Complaint Filed by the EEOC as iffully stated herein.
19. WGI is and/or was at all relevant times an employer as defined under M.G.L. c. 151 B. 20. The Intervenor Plaintiffs are all members of a protected class. 21. The Intcrvenor Plaintiffs performed the duties of their employment at a satisfactory and
professional level. yet suffered disparate treatment by Dcfendant and its subcontractors, agents and representatives. 22. Defendant subjected the Intervenor Plaintiffs to racial discrimination, hostile work environment, emotional distress, retaliation in employment and adverse employment actions on the basis of race and/or nationality, including disparate application of company reguIation and, ultimately, retaliation in the t(mn of wrongful termination. 23. Following the Intervenor Plaintiffs' terminations, WGI sought to fill their positions with individuals possessing similar qualifications and/or sets of skills. 24. As a direct and proximate result of WGI's actions, the Intervenor Plaintiffs have suffered damages.
COUNT THREE INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS
25. The Intervenor Plaintiffs hereby restate and incorporate all paragraphs of this Complaint and the Complaint filed by the EEOC as if fully stated herein.
7

Case 1:04-cv-12097-GAO Document 21 Filed 02/14/2005 Page 8 of 10
26. Defendant intended to int1ict emotional distress upon the Intervenor Plaintiffs and/or should have known that emotional distress was the likely result.
27. Defendant's actions were extreme, outrageous, beyond all possible bounds of decency and utterly intolerable in a civilized society.
28. Defendant caused the Intervenor Plaintiffs to suffer emotional distress. 29. The Intervenor PlaintifTs' distress was severe and no reasonable person could be expected
to endure it. 30. As a direct and proximate result of Defendant's actions, the Intervenor Plaintiffs have sut:
fered damages.
COUNT FOUR
LOSS OF CONSORTIUM AS TO PLAINTIFF ENAGBARE 3 I. Prior to the discrimination endured by Mr. Enagbare, he was very outgoing, cheerful and
enthusiastic about being with his spouse/significant other. The penile dysfunction which
Mr. Enagbare suffers as a result of increasing dosage of medication to deal with the et:
fects of the work related stress and illnesses, has adversely affected the sexual and intimaey in his marriage. Overall his relationship with his finnily was very good and there was little complaining. However, after the discrimination, Mr. Enagbare's stress from work adversely affected his family life. The emotional distress and crying on his part led took its toll on the family. The stress cansed a strain on the family which manifested itself in the form of arguments, shame and unwillingness to spend time with the family.

Case 1:04-cv-12097-GAO Document 21 Filed 02/14/2005 Page 9 of 10

COUNT FIVE VIOLATION OF MASSACHUSETTS CIVIL RIGHTS ACT (M.GL. c.n, Section IlH)

32. The Intervenor Plaintiffs hereby restate and incorporate all paragraphs of this Complaint

and the Complaint filed by the EEOC as iffully stated herein.

33. Defendants' actions constituted a violation of M.G.L. c.12, Section II H by virtue of their

interference by threats, intimidation or coercion, or attempt to interfere by threats, intimi-

dation or coercion, with the exercise or enjoyment of Intervenor Plaintiffs' rights secured

by the constitution or laws of the United States, or of rights secured by the constitution or

laws 0 I' the Commonwealth of Massachusetts,

34. As a direct and proximate result of Defendant's actions, the Intervenor Plaintiffs have sui:

fered damages.

VI. PRAYER FOR RELIEF

WHEREFORE, the Intervenor Plaintiffs request that this Honorable Court award the /01-

lowing relief:

a. Lost wages. back pay and other compensatory damages in an amount to be deter-

mined at trial;

h. Punitive damages;

c.

Attorney's fees and costs

d.

Prejudgment interest;

c. All other relief prayed lor in the Complaint filed by the EEOC; and

r.

Any other relief the Court deems fair andjust.

9

Case 1:04-cv-12097-GAO Document 21 Filed 02/14/2005 Page 10 of 10
DEMAND FOR TRIAL BY JURY The Intervenor Plaintiffs, Godwin Enagbare and Joe L. Willis, hereby demand a trial by jury on all counts and issues so triable.

Outed: December 30, 2004

Respectfully submitted, Godwin Enag -' Joe L. Will" By their a

Jacques A.

,sq.

les, Dessin & AssocI Attorney &

Counsellor At L w

236 Huntington Avenue, Suite 301-304

Boston, MA 02115

(617) 262-4800

]IJ

 
 UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS

EQUAL EMPLOYMENT OPPORTUNITY )

COMMISSION,

)

)

Plaintiff,

)

)

JOE WILLIS, GODWIN ENAGBARE, )

JOHN BALDWIN,

)

JOHANNES KAINDOH,

)

WAYNE HENDERSON, AND

)

LEONARD BELL,

)

)

Plaintiff-Intervenors,

)

)

v.

)

)

WASHINGTON GROUP

)

INTERNATIONAL, INC.

)

)

Defendants

)

____________________________________)

Civil Action No. 04-12097 GAO CONSENT DECREE

This cause of action was initiated on September 30, 2004, by the United States Equal Employment Opportunity Commission (hereinafter “EEOC”), an agency of the United States Government, alleging that Defendant, Washington Group International, Inc. (hereinafter “WGI”) violated Title VII of the Civil Rights act of 1964, as amended, and Title I of the Civil Rights Act of 1991. In its Complaint, EEOC alleges WGI engaged in unlawful racial discrimination by: (1) creating and failing to remedy a hostile work environment on the basis of race, and (2) terminating Charging Parties on the basis of their race, Black/African American, and for engaging in protected activities. The discrimination alleged by the EEOC is alleged to have taken place during the time when WGI’s Power Unit was operating as the general contractor of the Sithe Mystic Power Plant in Everett, Massachusetts. Plaintiff-Intervenors, John Baldwin,

1

Leonard Bell, Wayne Henderson, and Johannes Kaindoh jointly filed an Intervenor Complaint on January 19, 2005, and Plaintiff-Intervenors Godwin Enagbare and Joe Willis also jointly filed an Intervenor Complaint on February 14, 2005. (Hereafter jointly referred to as “Plaintiff Intervenors”).
The EEOC, Plaintiff-Intervenors, and WGI desire to settle this action, and therefore do hereby stipulate and consent to the entry of this Decree as final and binding between WGI, Intervenor-Plaintiffs, and the EEOC (hereinafter “the Parties”), who are the signatories hereto, and their successors or assigns. The Parties have agreed that this Decree may be entered into without Findings of Fact and Conclusions of Law having been made and entered by the Court.
In consideration of the mutual promises of each party to this Decree, the sufficiency of which is hereby acknowledged, the parties agree as follows, the Court finds appropriate, and it is therefore ORDERED, ADJUDGED, AND DECREED that:
1. This Decree resolves all issues raised by the EEOC Charge Numbers: 16C-200203376 and 523-2006-0062 (Baldwin); 16C-2002-03022 (Bell); 161-2002-00472 (Enagbare);16C-2003-00095 (Henderson); 16C-2002-03385 (Kaindoh), and 161-2002-00467 (Willis), and allegations raised in the EEOC Complaint. This Decree also specifically resolves the claims raised in the EEOC Complaint asserted on behalf of all identified similarly situated individuals. This Decree also resolves all claims presented in the Intervenor Complaints filed by John Baldwin, Leonard Bell, Johannes Kaindoh, Godwin Enagbare, Wayne Henderson, and Joe Willis.
2. The Parties agree and the Court finds that this Court has jurisdiction of the subject matter of this action and over the Parties, that venue is proper, and that all administrative
2

prerequisites have been met by the EEOC and the Plaintiff-Intervenors. No party shall contest the validity of this Decree and its terms. The Parties agree and understand that this Decree in no way affects the EEOC’s right to process any pending or future charges that may be filed against WGI and to commence civil actions on any charges not referenced above.
3. This Decree is being issued with the consent of the Parties without admission of liability and does not constitute an adjudication or finding by this Court on the merits of the allegations of the Complaint.
4. WGI’s Power Unit and its managers, officers, agents, successors, and assigns shall not discriminate against any Black/African American employee or applicant because of the individual’s race, engage in racial harassment toward any Black/African American employee, or engage in related retaliation against any Black/African American individual for asserting his or her rights under Title VII. WGI’s Power Unit and its agents shall not take any retaliatory action against any individual for participating in this matter in any way, giving testimony in this matter or asserting his or her rights under Title VII, including, but not limited to, Charging Parties, claimants or other witnesses in this case.
A. MONETARY RELIEF 5. WGI shall pay a total of $1,500,000.00 as monetary relief to Charging Parties and
claimants. WGI shall pay the allocated amounts to the individuals listed in Exhibit B within fourteen (14) days of the entry of this Decree but only after WGI’s receipt of an executed release as set forth in Exhibit A from each identified similarly situated individual. Payments to the Plaintiff-Itnervenors shall also be paid within fourteen (14) days but only after the receipt of separate releases signed by Plaintiff-Intervenors, which are not part of this agreement and to
3

which the EEOC is not a party. To the extent that the monetary relief received by any individual includes both payments in the nature of back-pay and compensatory damages, WGI will provide a W-2 for back-pay payments and be responsible for deducting all applicable withholdings. As to payments for compensatory damages, WGI is not required to withhold taxes or make any employer contributions for FICA, except that it must issue IRS form 1099s for these payments.
6. Payment shall be made by delivering to the individuals listed in Exhibit B, by United States Postal Service, certified mail receipt, a check in the complete amount of compensatory damages set forth in Exhibit B with the required 1099. A second check for back pay subject to all applicable withholdings and a W-2 form will also be sent to those individuals listed in Exhibit B, if applicable. This payment shall be subject to all applicable federal, state, and/or local withholding and/or payroll taxes and WGI will generate and issue W-2s for the relevant fiscal year.
7. WGI shall send copies of the checks, the 1099 and W-2 forms, and return receipts to EEOC simultaneously with WGI’s delivery to those individuals listed in Exhibit B. All submissions to the “EEOC” herein shall be directed to: R. Liliana Palacios-Baldwin, Senior Trial Attorney, JFK Federal Building, Room 475, Boston, MA 02203-0506. B. NOTICE AND POSTING
8. No later than thirty (30) days after the Court’s entry of this Decree, WGI shall post visibly on the employee bulletin board of each construction site of its Power Unit, a copy of the notice attached as Exhibit C printed on its letterhead and signed by WGI President.
4

C. EEO POLICIES, PROCEDURES AND RELATED EMPLOYEE TRAINING 9. With EEOC’s review and approval WGI has, as part of this Decree, revised its
EEO policies, procedures and protocols, including its complaint investigation and remediation procedures within the Power Unit. The revised policies shall include the name and contact information of the required EEO representatives as set forth in more detail in paragraph 15, below. It shall disseminate these revised EEO policies and its new graffiti policy (as defined in paragraph 12 below) to Power Unit employees by including the revised policies in an e-mail to all non-craft Power Unit employees, and to all Power Unit craft employees as a check-stuffer, no later than three (3) months from the entry of this Decree. WGI shall also include the revised policies in all relevant manuals (employee, management or other) within three (3) months of the entry of this Decree. These revised policies are attached as Exhibit D.
10. WGI has established an e-mail address for Power Unit employees to lodge complaints of discrimination with its EEO Officer (D. Michael McDaniel, at the time of the execution of this Decree), directly. This e-mail address is: eeo@wgint.com, and is located on all relevant WGI EEO policies and procedures. WGI shall post its toll-free number (800-331-8482) for reporting complaints of discrimination, as well as the aforementioned e-mail address, and WGI’s EEO policies and procedures at the punch clock area on each Power Unit construction site no later than three (3) months after the entry of this Decree. Further, WGI shall create and maintain, within three (3) months of the entry of this Decree, a centralized database of all reported complaints of discrimination in the Power Unit that will enable the EEO Officer to monitor the aggregated complaints made nation-wide and project-wide in order to identify repeat offenders, regional concerns, or patterns of discrimination that require prompt remediation. The
5

centralized database will be supervised by the EEO Officer and maintained by his or her designee. Where a complaint of discrimination is reported to the Power Unit EEO Representative (Vincent Gaudio, at the time of the entry of this Decree) or to an EEO Site Representative (as shall be designated pursuant to paragraph 13 below), immediate notice shall be given to the WGI EEO Officer who will update and review the centralized database within one (1) week.
11. WGI shall create a minimum fifteen (15) minute orientation to WGI’s EEO policies and procedures for all non-managerial Power Unit employees – including all new hires. This orientation shall be presented to all new hires within the first two weeks of employment. This orientation, along with any supporting agenda, reading materials or scripts, attached as Exhibit E, has been provided to the EEOC for review and approval prior to implementation. D. GRAFFITI POLICY
12. WGI has created, as required by this Decree, a policy and procedure for both employees and management for handling discriminatory vandalism and discriminatory graffiti on its Power Unit worksites. Both the employee and the management focused policies are attached to this Decree as Exhibit F. This policy will be distributed as set forth in paragraph 9 above. E. FORMALIZATION OF EEO FUNCTION IN THE WGI POWER UNIT
13. The Human Resources Director for the WGI Power Unit has been designated as the Power Unit’s EEO Representative (“Power Unit EEO Representative”). As set forth in paragraph 10 above, at the time of the execution of this Decree, the Power Unit EEO Representative is Vincent Gaudio. He shall be directly responsible for EEO issues within the Power Unit and shall directly report to WGI’s Corporate EEO Officer (“WGI EEO Officer”) on
6

all EEO issues. As set forth in paragraph 10 above, at the time of the execution of this Decree, WGI’s EEO Officer is D. Michael McDaniel. The Power Unit’s EEO Representative shall be tasked with selecting a Power Unit EEO Site Representative (“EEO Site Representative”) for each and every WGI Power Unit construction site. The Power Unit EEO Representative shall be responsible for ensuring that any and all EEO Site Representatives receive proper training, in accordance with the training paragraphs in Section F, below. In the event of a vacancy of any EEO Site Representative, replacement and proper training pursuant to this Decree of EEO Site Representatives shall be of priority to the Power Unit EEO Representative and shall be completed no later than (1) one week from a vacancy. WGI agrees to provide EEOC with notice of the date of selection and training of any replacements made at the end of every quarter. During the time of any vacancy, the Power Unit EEO Representative shall be responsible for the site(s)’ EEO matters until a replacement is made pursuant to this paragraph.
14. The Power Unit EEO Representative shall designate and train, as set forth in Section F below, the first EEO Site Representatives no later than three (3) months following the entry of this Decree and will ensure that no WGI Power Unit project is without a designated EEO Site Representative at that time. Where a complaint of discrimination is reported to one of the EEO Site Representatives on a WGI Power Unit work site, immediate notice shall be given to the Power Unit EEO Representative via telephone, electronic mail or facsimile. The WGI EEO Officer shall be accessible to the Power Unit EEO Representative and the EEO Site Representatives for guidance, suggestions, leadership, and intervention – where necessary - in the handling of any discrimination complaint for each WGI Power Unit project.
7

15. WGI has revised its relevant EEO policies and procedures to include the name and contact information of the Power Unit EEO Representative. Once selected, each Power Unit construction site shall immediately also post the name and contact information of the EEO Site Representative on or next to all posted EEO policies and procedures.
16. The EEO Site Representative shall have responsibility for conducting an initial investigation into claims of discrimination by identifying the complainant and his or her contact information, any witnesses to the allegations made and relevant contact information, and the dates of the allegations made. Thereafter, the EEO Site Representative shall turn over his or her notes and have the necessary conversation(s) with the Power Unit EEO Representative regarding the complaint(s) made. Thereafter, the Power Unit EEO Representative shall conduct an investigation pursuant to WGI policy and procedure, and visit the site, if necessary, to complete the investigation, make a final determination, and determine whether remedial action like training, coaching, or additional policies and/or procedures are needed. The Power Unit EEO Representative shall also be responsible for communicating to the complainant the results of the investigation, including any remedial action taken, and for contacting complainant thirty days after the complaint in order to ensure that he/she has suffered no further incidents of discrimination or harassment. The Power Unit EEO Representative shall also have the responsibility to report the same to the WGI EEO Officer within forty-eight (48) hours of the time he becomes aware of the complaint, or if this date falls on a weekend or holiday, then the following workday. The Power Unit EEO Representative shall have the right to require the intervention or support of the WGI EEO Officer in the execution of his or her duties. At all
8

relevant times, the WGI EEO Officer will update the complaint database, as set forth in paragraph 10 above, with relevant information obtained within no later than one (1) week. F. TRAINING
17. The EEO Officer and Power Unit EEO Representative shall attend an in-person or web-based training program (or a combination of both) to last at least four (4) hours regarding equal employment opportunity rights and responsibilities under state and federal law, including the issues of workplace race discrimination, harassment, and retaliation. One fourth of the time allocated to this training shall include training on how to effectively train others.
18. This training will include discussion of WGI’s anti-discrimination policies and procedures – including the new policies and procedures addressing graffiti in the workplace, and the implementation of the requirements of this Consent Decree. This training program shall also include a diversity and/or cultural sensitivity/competency component that uses role play and hypothetical situations to encourage discussion and engagement. Any non-web based training shall be completed within two (2) months from the date of the entry of this Decree and shall be performed by WGI’s counsel in this matter, Jackson Lewis. Any web-based training shall be provided by Mind Leaders. The agenda for this required training, attached as Exhibit G, was provided to the EEOC for review and approval prior to implementation.
19. All Power Unit EEO Site Representatives shall be trained by the EEO Officer and/or the Power Unit’s EEO Representative for at least two hours (2) hours through a training session as set forth in paragraphs 17 and 18, and within three (3) months of this Decree. The Power Unit EEO Representative shall not designate or advertise any EEO Site Representative before he or she has been trained pursuant to this Section. All superintendents and assistant
9

superintendents shall be trained by the WGI EEO Officer or the Power Unit’s EEO Representative for at least one (1) hour through a training session as set forth in paragraphs 17 and 18 above, and within three (3) months of this Decree or upon any subsequent hire/designation. Training for superintendents and assistant superintendents shall emphasize the ways in which those with supervisory duties can foster a work environment that is free of discrimination and/or harassment and what the responsibilities are of managers, superintendents, and assistant superintendents when they know of discrimination on site. These employees shall also receive training on their requirement to interact with the Power Unit’s EEO Site Representative and/or the Power Unit’s EEO Representative on EEO related matters on any and every site. This agenda for this required training, attached as Exhibit H, was provided to the EEOC for review and approval prior to implementation.
20. Non-temporary foremen on all WGI Power Unit construction sites shall also be required to participate in an abbreviated training as set forth above for at least thirty (30) minutes. This training shall be provided by the Power Unit’s EEO Representative, by the Power Unit’s EEO Site Representative, or his/her designee after being trained by the Power Unit EEO Representative. All non-temporary foremen shall be trained pursuant to this paragraph no later than one (1) week from hire and no later than three (3) months after the entry of this Decree. This agenda for this required training, attached as Exhibit I, was provided to the EEOC for review and approval prior to implementation.
21. A certificate or other proof of course completion by all employees and new hires in the Power Unit of this training shall be provided to the EEOC. The certification or other proof of completion for the initial training to current employees and new employees shall be provided
10

to the EEOC no later than one (1) year from the entry of this Decree and the certification or other proof of all subsequent training for any new hires shall be provided to the EEOC at the end of each fiscal year observed by WGI. G. WGI POWER UNIT SUBCONTACTORS
22. The Power Unit’s EEO Representative will ensure that all subcontractors are provided with copies of WGI’s EEO policies and procedures identifying all WGI representatives to whom workplace discrimination complaints can be made prior to beginning work at any Power Unit construction site. The Power Unit EEO Representative will also instruct all subcontractors to distribute the WGI EEO policies and procedures to their employees working on a WGI Unit Power site at the time of hire or no later than one (1) month after the entry of this Decree, and prospectively within one (1) week for all new hires. H. MONITORING
23. The EEOC has the right to monitor and review compliance with this Consent Decree. Accordingly, WGI will cooperate with the EEOC in any review function it seeks related to this agreement. Specifically, WGI agrees that the EEOC has the right to: (1) attend training sessions required by this Decree, (2) review any and all documents required by this Decree, (3) interview employees and management (in the presence of WGI counsel) related to the requirements of this Decree, and (4) inspect the premises of WGI Power Unit work sites with five (5) business days prior notice to WGI.
24. Nothing in this Decree shall be construed to preclude the EEOC from enforcing this Decree in the event that WGI fails to perform the promises and representations contained herein.
11

25. Each Party shall bear its own attorney’s fees and costs. 26. This Decree will remain in effect for two (2) years from the entry of this Consent Decree. 27. WGI shall provide notice and a copy of this Decree to any successors, assigns, subsidiaries, affiliates, any other corporation or other entity that acquires WGI, and any other corporation or other entity into which WGI may merge, or with which WGI may consolidate. The successors, assigns, acquiring entities, and any surviving entities upon merger or consolidation shall be fully liable for complying with the terms of the Decree. WGI shall provide written notice to EEOC within forty-five (45) days of any assignment, succession, acquisition, merger, or consolidation affecting WGI.
SO ORDERED, ADJUDGED, AND DECREED. Signed this____day of ____________, 2008
_________________________________ The Honorable Marianne B. Bowler Federal District Court Magistrate Judge – D. Massachusetts
12

APPROVED IN FORM AND CONTENT: By Plaintiff, EEOC:
/s/ Elizabeth Grossman* Regional Attorney EQUAL EMPLOYMENT OPPORTUNITY COMMISSION New York District Office 33 Whitehall St., 5th Floor NY, NY 10004-2112 Tel: (212) 336-3696 Fax: (212) 336-3623 Elizabeth.Grossman@eeoc.gov *By RLPB with written authorization

For Plaintiff-Intervenors, John Baldwin, Leonard Bell, Johannes Kaindoh, and Wayne Henderson

/s/ R. Liliana Palacios-Baldwin Senior Trial Attorney (MA BBO 640786) EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Boston Area Office John F. Kennedy Federal Building Room 475 Boston, MA 02203-0506 Tel: (617) 565-3188 Fax: (617) 565-3196 Rosa.Baldwin@eeoc.gov
/s/ Todd J. Bennett* 24 Thorndike Street, Ste. 300 Cambridge, MA 02141 Tel: (617) 577-8800 tbennett@corbenbel.com *By RLPB with written authorization

For Plaintiff-Intervenors, Godwin Enagbare and Joe L. Willis

/s/ Jacques Dessin* Dessin Law Office 236 Huntington Avenue Boston, MA 02115 Tel: (617) 262-4800 jdessin@hotmail.com **By RLPB with written authorization
13

For Defendant, WGI

/s/ Stephen T. Paterniti* Jackson Lewis LLP 75 Park Plaza Boston, MA 02116 Tel: (617) 367-0025 parternis@jacksonlewis.com **By RLPB with written authorization

14

Exhibit A

UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS

EQUAL EMPLOYMENT OPPORTUNITY )

COMMISSION,

)

)

Plaintiff,

)

)

JOE WILLIS, GODWIN ENAGBARE, )

JOHN BALDWIN,

)

JOHANNES KAINDOH,

)

WAYNE HENDERSON, AND

)

LEONARD BELL,

)

)

Plaintiff-Intervenors,

)

)

v.

)

)

WASHINGTON GROUP

)

INTERNATIONAL, INC.

)

)

Defendants

)

____________________________________)

Civil Action No. 04-12097 GAO

RELEASE In consideration for __________________________ ($_______) paid to me by Washington Group International, Inc. in connection with the resolution of EEOC v. Washington Group International, Inc. (04-12097 GAO), I waive my right to recover for any claims of race discrimination, harassment, and retaliation arising under Title VII that I had against WGI prior to the date of this release and that were included in the claims alleged in EEOC’s Complaint against WGI.

Date: ________________

Signature: ________________________ 15

Exhibit B Individual Amounts

John Baldwin -

$156,000

c/o Attorney Todd Bennett

Leonard Bell -

$208,000

c/o Attorney Todd Bennett

Wayne Henderson-

$156,000

c/o Attorney Todd Bennett

Johannes Kaindoh-

$208,000

c/o Attorney Todd Bennett

Joe L. Willis-

$130,000

c/o Attorney Jacques Dessin

Godwin Enagbare-

$442,000

c/o Attorney Jacques Dessin

Jake Porter-

$14,000

Marshall Holden-

$24,000

Randolph Joseph-

$8,000

Donny Smith-

$16,000

Theodis Quarles-

$25,500

Lawrence Jackson-

$25,500

Jermaine Holden -

$25,000

Rodney Boyd -

$14,000

Roscoe Gay -

$16,000

Marshall Thompson -

$24,000

Herbert McCall -

$8,000

16

Exhibit C - Notice

NOTICE

1. This NOTICE to employees of WASHINGTON GROUP INTERNATIONAL, INC. is being posted and provided as part of a Consent Decree between WASHINGTON GROUP INTERNATIONAL, INC. and the U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION.

2. Federal law requires that there be no discrimination against any employee or applicant for employment because that person made a complaint of discrimination because of sex, race, national origin, color or religion with respect to hiring, compensation, promotion, discharge, or other terms, conditions or privileges of employment.

3. WASHINGTON GROUP INTERNATIONAL, INC. will comply with such Federal law in all aspects, and it will not take any action against employees because they have exercised their rights under the law by filing charges or cooperated with the U.S. Equal Employment Opportunity Commission or by otherwise opposing employment practices made unlawful under Title VII of the Civil Rights Act of 1964, as amended.

4. The Equal Employment Opportunity Commission maintains offices throughout the United States. Its toll-free telephone number is 1-800-669-4000.

5. This NOTICE will remain posted until TWO (2) YEARS FROM DATE OF SIGNATURE.

SIGNED this day of

, 2008.

PRESIDENT
DO NOT REMOVE THIS NOTICE UNTIL 2 YEARS FROM DATE OF SIGNATURE [TO BE RE-ISSUED AND REPLACED IF DESTROYED OR TATTERED]

17

Exhibit D

COMPLAINT PROCEDURE
Washington Division

If you have a work-related situation that concerns you or interferes with the accomplishment of your work, discuss it with your immediate supervisor. You are encouraged to discuss the facts fully and frankly to give your supervisor an opportunity to understand the situation and respond to it. Often, complaints or problems are due to misunderstandings and can be corrected by open communication. Most complaints can and should be resolved after a full discussion of the facts with your supervisor.

If, at any time, you desire personal counseling or feel that conditions exist which prohibit discussing a problem situation with your supervisor, you may contact your local EEO Site Representative. Your human resources representatives, at both the local and Division level, are responsible for providing counseling and assistance in these matters. They are available to address equal employment opportunity questions, issues of discrimination or harassment or other concerns you may have.

Employees are encouraged to promptly report any incident of perceived

discrimination, harassment or sexual harassment or non-compliance with

any other aspect of the Equal Employment Opportunity Policy stated

above to D. Michael McDaniel, EEO Officer (1-800-331-8482, 205-995-

7177 or eeo@wgint.com). You may also report the matter to your local

EEO Site Representative, _________ ____

.

The EEO Officer will ensure that a prompt and thorough investigation of all facts necessary to resolve a complaint is conducted, including but not limited to interviews, factual analysis, and any other investigative steps that may be necessary. Management at this location will review the decision of the EEO Officer on the basis of all the facts in the records and any additional facts deemed necessary. The complainant will be advised when the investigation has been concluded and whether remedial measures have been taken. Any employee or applicant aggrieved by a decision may file a written appeal to the Vice President-Human Resources.

The policy prohibits any employee, including supervisory personnel, from retaliation or discrimination against any employee because of their involvement in this procedure.

18

___________________________ D. Michael McDaniel EEO Officer 1-800-331-8482, eeo@wgint.com
19

ANTI-HARASSMENT POLICY
The Washington Division is committed to providing a work environment free of harassment and encouraging maximum use of the talents of a culturally diverse workforce. Behavior that is personally offensive could impair morale and interfere with employee effectiveness.
The Division will not tolerate harassment of any individual on the basis of, but not limited to, race, color, creed, religion, national origin, disability, sex, age, marital or veteran status. Examples of possible harassment include: gestures, physical contact, profanity and other offensive printed, visual or verbal communication. Harassment could include any unreasonable workplace behavior found offensive by another individual.
One type of harassment prohibited by this policy is sexual harassment. Sexual harassment is defined as: (1) unwelcome sexual advances, (2) requests for sexual favors, or (3) other verbal or physical conduct of a sexual nature when (a) submission to such conduct is made a term or condition of employment, (b) submission to or rejection of such conduct is used as a basis for employment decisions affecting the employee, (c) such conduct has the effect of unreasonably interfering with an individual’s work performance or (d) such conduct creates a hostile or offensive work environment.
The Division views harassment of any kind as a very serious matter. Any employee or supervisor found by the Division, after appropriate investigation, to have harassed another individual will be disciplined or discharged depending upon the circumstances. The Division will not tolerate retaliation against any employee for filing a harassment complaint.
All Division employees are responsible for helping to ensure that we avoid harassment. Any employee or supervisor who believes they have experienced or witnessed harassment should report the alleged act as soon as possible to either their supervisor, the Washington Division EEO Officer (D. Michael McDaniel, 1-800-331-8482, 205-995-7177 or eeo@wgint.com) or any Vice President of the Division. All information will be kept as confidential as practicable and an investigation of all complaints will be undertaken immediately.
20

Our goal is that all employees will act responsibly to establish a work environment free of discrimination or harassment of any nature.

You may also direct any questions or concerns to your local EEO Site

Representative, _________ ____

.

21

Exhibit E
AGENDA Employee – Training – 15 Minute
Objectives of the Diversity Program Understand the benefits and challenges of a diverse workplace. Understand rights and responsibilities under the law and the Company’s policies. What does the law require?
Summation of Federal, state and local laws prohibiting workplace discrimination based upon protected groups. Harassment prohibited Retaliation prohibited Company Policies Review and handouts Who can commit unlawful discrimination, harassment or retaliation? Examples Employee Acknowledgment
22

Exhibit F
Anti- Graffiti Policy – Manager Responsibility
Washington Division employs individuals to perform specific tasks as directed by supervision. Graffiti on the worksite, on or off work time, defaces company property, is an unauthorized use of company property and materials, and will not be not tolerated. Further, consistent with Washington Division’s commitment to equal employment opportunity, Washington Division has a zero tolerance policy for discriminatory graffiti of any kind. Discriminatory graffiti will not be tolerated and is grounds for discipline up to and including immediate termination. Specific examples of discriminatory graffiti include, but are not limited to, the following:
- Language which could reasonably be considered threatening or demeaning to individuals due to their race, color, gender, national origin, or membership in any other legally protected group;
- Jokes based upon a person’s race, color, gender, national origin, or membership in any other legally protected group;
- Caricatures, drawings or cartoons which could reasonably be considered to be offensive based upon race, color, gender, national origin, or membership in any other legally protected group;
- Reference to groups with racist, sexist, or other unlawfully discriminatory messages, such as the Ku Klux Klan, Aryan Nation
All site property will be inspected on a weekly basis for discriminatory graffiti.
Any violations of the zero tolerance policy for discriminatory graffiti policy will be investigated by Site EEO Representative and/or his or her designee and any individual found to be in violation of the policy shall be subject to discipline up to and including immediate termination. Violators of this policy may be subject to criminal prosecution.
Procedure for handling discriminatory graffiti in violation of the policy:
The Site EEO Representative and/or his or her designee shall walk and inspect their respective site premises on a weekly basis for graffiti. This inspection shall include but is not limited to an inspection of port-o-lets, permanent bathrooms, walls, stairwells, trailers, and other exposed surfaces. Any graffiti found in violation of this policy shall be logged in writing and reported to the Division EEO Officer on a weekly basis. Photographs shall be taken of any and all known discriminatory graffiti making direct threats of violence to any individual and shall be
23

investigated. In the case of graffiti making direct threats of violence, a report shall be made to the authorities such as the local police. The Site EEO Representative or his or her designee will also be responsible for addressing and remedying any graffiti in violation of this policy within 24 hours of its discovery and for conducting an investigation including interviewing area employees, foremen or other area supervisors for the purpose of identifying the responsible parties. The investigative results shall be communicated to the Division EEO Officer.
24

Anti-Graffiti Policy Washington Division employs individuals to perform specific tasks as directed by supervision. Graffiti on the worksite, on or off company time, defaces company property, is an unauthorized use of company property and materials, and is not tolerated. Further, consistent with Washington Division’s commitment to equal employment opportunity, Washington Division has a zero tolerance policy for discriminatory graffiti of any kind. Discriminatory graffiti will not be tolerated and is grounds for discipline up to and including immediate termination. Specific examples of discriminatory graffiti include, but are not limited to, the following:
- Language which could reasonably be considered threatening or demeaning to individuals due to their race, color, gender, national origin, or membership in any other legally protected group;
- Jokes based upon a person’s race, color, gender, national origin, or membership in any other legally protected group;
- Caricatures, drawings or cartoons which could reasonably be considered to be offensive based upon race, color, gender, national origin, or membership in any other legally protected group;
- Reference to groups with racist, sexist, or other unlawfully discriminatory motives, such as the Ku Klux Klan or Aryan Nation
All site property will be inspected on a weekly basis for discriminatory graffiti. Any violations of the zero tolerance policy for discriminatory graffiti will be investigated and any individual found to be in violation of the policy shall be subject to discipline up to and including immediate termination. Violators of this policy may be subject to criminal prosecution.
25

Exhibit G
AGENDA Training for EEO Officer and EEO Power Unit Representative
I. EEO Laws – overview a. Age Discrimination b. Disability and Handicap Discrimination c. Gender/Sex and Pregnancy d. Race and National Origin Discrimination e. Religious Discrimination f. Retaliation g. Harassment
II. Company Policies III. Warning Signs of Discrimination – Role play and hypotheticals IV. Evidence of Discrimination V. How to respond to a complaint of harassment VI. Investigation VII. Liability – case studies VIII. Complaints of Discrimination – case studies and role playing IX. Training Others X. Consent Decree Implementation XI. Acknowledgment
26

Exhibit H
AGENDA Supervisors – Training – 60 Minute
Objectives of the Diversity Program What does the law require? Age Discrimination Disability and Handicap Discrimination Gender/Sex and Pregnancy Race and National Origin Discrimination Religious Discrimination Retaliation Harassment Who can commit unlawful harassment? Types of illegal conduct Company Policies – review and handouts Warning Signs of Discrimination Evidence of Discrimination How to respond to a complaint of harassment Investigation Liability – and case study Complaints of Discrimination – and case study Consent Decree Supervisor Acknowledgment
27

Exhibit I
AGENDA Foremen – Training – 30 Minute
Objectives of the Diversity Program What does the law require? Age Discrimination Disability and Handicap Discrimination Gender/Sex and Pregnancy Race and National Origin Discrimination Religious Discrimination Retaliation Harassment Who can commit unlawful harassment? Types of illegal conduct Company Policies – review and handouts Warning Signs of Discrimination Evidence of Discrimination How to respond to a complaint of harassment Investigation Liability Complaints of Discrimination Acknowledgment
28

29

 
 Case: 1:04-cv-12097 As of: 05/21/2017 05:02 PM EDT 1 of 9
CASREF,CLOSED,CONSENT
United States District Court District of Massachusetts (Boston) CIVIL DOCKET FOR CASE #: 1:04−cv−12097−MBB

Equal Employment Opportunity Commission v. Washington Group International, Inc. Assigned to: Magistrate Judge Marianne B. Bowler Referred to: Magistrate Judge Marianne B. Bowler (Settlement) Cause: 42:2000e Job Discrimination (Employment)
Intervenor Plaintiff

Date Filed: 09/30/2004 Date Terminated: 01/30/2008 Jury Demand: Both Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

Godwin Enagbarre

represented by Jacques A. Dessin Dessin Law Office PO Box 365901 Boston, MA 02136 888−269−3502 Fax: 857−401−9222 Email: dessinlaw@aol.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

Stephen T. Paterniti Jackson Lewis PC 75 Park Plaza 4th Floor Boston, MA 02116 617−367−0025 Fax: 617−367−2155 Email: paternis@jacksonlewis.com ATTORNEY TO BE NOTICED

Intervenor Plaintiff Joe L. Willis

represented by Jacques A. Dessin (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Stephen T. Paterniti (See above for address) ATTORNEY TO BE NOTICED

Intervenor Plaintiff John Baldwin

represented by Todd J. Bennett Bennett & Belfort, P.C. 24 Thorndike Street Suite 300 Cambridge, MA 02141 617−577−8800 Fax: 617−577−8811 Email: tbennett@bennettandbelfort.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

Stephen T. Paterniti (See above for address) ATTORNEY TO BE NOTICED

Intervenor Plaintiff Leonard Bell

represented by Todd J. Bennett (See above for address)

Case: 1:04-cv-12097 As of: 05/21/2017 05:02 PM EDT 2 of 9

LEAD ATTORNEY ATTORNEY TO BE NOTICED

Stephen T. Paterniti (See above for address) ATTORNEY TO BE NOTICED

Intervenor Plaintiff Wayne Henderson

represented by Todd J. Bennett (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Stephen T. Paterniti (See above for address) ATTORNEY TO BE NOTICED

Intervenor Plaintiff Johannes Kaindoh

represented by Todd J. Bennett (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Stephen T. Paterniti (See above for address) ATTORNEY TO BE NOTICED

Plaintiff
Equal Employment Opportunity Commision

represented by Rosa L. Palacios Hirsch Roberts Weinstein LLP 24 Federal Street 12th Floor Boston, MA 02110 617−348−4338 Fax: 617−348−4343 Email: lbaldwin@hrwlawyers.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

Markus L. Penzel EEOC John F. Kennedy Federal Building Government Center Room 475 Boston, MA 02203−0506 617−565−3193 Fax: 617−565−3196 Email: markus.penzel@eeoc.gov ATTORNEY TO BE NOTICED

Stephen T. Paterniti (See above for address) ATTORNEY TO BE NOTICED

V. Defendant Washington Group International, Inc.

represented by Erin K. Higgins Conn, Kavanaugh, Rosenthal, Peisch & Ford, LLP Ten Post Office Square 4th Floor

Case: 1:04-cv-12097 As of: 05/21/2017 05:02 PM EDT 3 of 9

Boston, MA 02109 617−482−8200 Fax: 617−482−6444 Email: ehiggins@connkavanaugh.com TERMINATED: 04/26/2007 LEAD ATTORNEY ATTORNEY TO BE NOTICED

James F. Kavanaugh , Jr. Conn, Kavanaugh, Rosenthal, Peisch & Ford, LLP Ten Post Office Square Boston, MA 02109 617−482−8200 Fax: 617−482−6444 Email: jkavanaugh@ckrpf.com TERMINATED: 04/26/2007 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Michael R. Bernardo Conn, Kavanaugh, Rosenthal, Peisch & Ford, LLP Ten Post Office Square 4th Floor Boston, MA 02109 617−482−8200 Fax: 617−482−6444 Email: mbernardo@ckrpf.com TERMINATED: 04/26/2007 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Stephen T. Paterniti (See above for address) ATTORNEY TO BE NOTICED

Intervenor Defendant Ron Bennett

represented by Stephen T. Paterniti (See above for address) ATTORNEY TO BE NOTICED

Intervenor Defendant Michael Fogarty

represented by Jennifer A. Serafyn United States Attorney's Office MA 1 Courthouse Way Suite 9200 Boston, MA 02210 617−748−3188 Fax: 617−748−3969 Email: jennifer.serafyn@usdoj.gov TERMINATED: 12/18/2007 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Lisa J. Damon Seyfarth Shaw Two Seaport Lane Suite 300 Boston, MA 02210−2028 617−946−4800 Fax: 617−946−4801 Email: ldamon@seyfarth.com LEAD ATTORNEY

Case: 1:04-cv-12097 As of: 05/21/2017 05:02 PM EDT 4 of 9

ATTORNEY TO BE NOTICED

Erin S. Martino Seyfarth Shaw, LLP World Trade Center East Two Seaport Lane Suite 300 Boston, MA 02210 617−946−4927 Fax: 617−946−4801 ATTORNEY TO BE NOTICED

Stephen T. Paterniti (See above for address) TERMINATED: 02/02/2007 ATTORNEY TO BE NOTICED

Intervenor Defendant Dennis Woodruff

represented by Jennifer A. Serafyn (See above for address) TERMINATED: 12/18/2007 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Lisa J. Damon (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Erin S. Martino (See above for address) ATTORNEY TO BE NOTICED

Stephen T. Paterniti (See above for address) ATTORNEY TO BE NOTICED

Intervenor Defendant Washington Group International, Inc.

represented by Erin K. Higgins (See above for address) TERMINATED: 04/26/2007 LEAD ATTORNEY ATTORNEY TO BE NOTICED

James F. Kavanaugh , Jr. (See above for address) TERMINATED: 04/26/2007 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Michael R. Bernardo (See above for address) TERMINATED: 04/26/2007 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Stephen T. Paterniti (See above for address) ATTORNEY TO BE NOTICED

Date Filed # Docket Text

Case: 1:04-cv-12097 As of: 05/21/2017 05:02 PM EDT 5 of 9

09/30/2004 09/30/2004 09/30/2004
10/12/2004
10/14/2004
11/24/2004
11/24/2004 11/24/2004 11/29/2004 11/29/2004 01/13/2005
01/19/2005
01/19/2005 02/07/2005 02/07/2005
02/07/2005 02/07/2005 02/07/2005 02/07/2005 02/08/2005
02/14/2005

1 COMPLAINT Filing fee: $ 150, filed by Equal Employment Opportunity Commision. (Attachments: # 1 Civil Category Sheet)(Edge, Eugenia) (Entered: 10/01/2004)
Summons Issued as to Washington Group International, Inc.. (Edge, Eugenia) (Entered: 10/01/2004)
If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Chief Magistrate Judge Bowler. (Edge, Eugenia) (Entered: 10/01/2004)
2 NOTICE of Appearance by Michael R. Bernardo, James F. Kavanaugh Jr., Erin K. Higgins on behalf of Washington Group International, Inc. c/s (Edge, Eugenia) (Entered: 10/19/2004)
3 WAIVER OF SERVICE Returned Executed Washington Group International, Inc. waiver sent on 10/1/2004, answer due 11/30/2004. (Edge, Eugenia) (Entered: 10/19/2004)
6 MOTION to Intervene as Plaintiff and Add as Defendants Ron Bennett, Michael Fogarty and Dennis Woodruff.. (Attachments: # 1 Complaint to Intervene)(Edge, Eugenia) (Entered: 11/30/2004)
7 MEMORANDUM of LAW in Support re 6 MOTION to Intervene . (Edge, Eugenia) (Entered: 11/30/2004)
8 AFFIDAVIT in Support re 6 MOTION to Intervene. (Edge, Eugenia) (Entered: 11/30/2004)
4 Defendant's ANSWER to Complaint with Jury Demand by Washington Group International, Inc..(Higgins, Erin) (Entered: 11/29/2004)
5 CORPORATE DISCLOSURE STATEMENT by Washington Group International, Inc.. (Higgins, Erin) (Entered: 11/29/2004)
9 NOTICE of Scheduling Conference Scheduling Conference set for 2/14/2005 02:00 PM in Courtroom 9 before Judge George A. O'Toole Jr.. Please mark your calendars accordingly. (Lyness, Paul) (Entered: 01/13/2005)
Judge George A. O'Toole Jr.: ElectronicORDER entered granting 6 Motion to Intervene. A 16 (b) conference has been scheduled for February 14, 2005 at 2:00pm. Please mark your calendars accordingly. (Lyness, Paul) (Entered: 01/19/2005)
17 Intervenor COMPLAINT , filed by John Baldwin, Leonard Bell, Wayne henderson, Johannes Kaindoh.(Edge, Eugenia) (Entered: 03/01/2005)
10 JOINT STATEMENT of counsel Pursuant to Local Rule 16.1(D)(3). (Higgins, Erin) (Entered: 02/07/2005)
11 CERTIFICATE OF CONSULTATION Pursuant to Local Rule 16.1(D)(3) by Rosa L. Palacios on behalf of Equal Employment Opportunity Commision. (Palacios, Rosa) (Entered: 02/07/2005)
13 MOTION to Intervene by Godwin Enagbare, Joe L. Willis.(Abaid, Kim) (Entered: 02/08/2005)
14 MEMORANDUM in Support re 13 MOTION to Intervene filed by Godwin Enagbare, Joe L. Willis. (Abaid, Kim) (Entered: 02/08/2005)
15 Proposed Document(s) submitted by Godwin Enagbare, Joe L. Willis. Document received: Complaint to Intervene. (Abaid, Kim) (Entered: 02/08/2005)
16 AFFIDAVIT in Support re 13 MOTION to Intervene. (Abaid, Kim) (Entered: 02/08/2005)
12 CERTIFICATE OF CONSULTATION Pursuant to L.R. 16.1(D)(3) by Erin K. Higgins on behalf of Washington Group International, Inc.. (Higgins, Erin) (Entered: 02/08/2005)
Electronic Clerk's Notes for proceedings held before Judge George A. O'Toole Jr.: Scheduling Conference held on 2/14/2005, Motion( doc # 13)is GRANTED. The joint

Case: 1:04-cv-12097 As of: 05/21/2017 05:02 PM EDT 6 of 9

02/14/2005 02/25/2005 03/10/2005
03/10/2005 06/09/2005 07/12/2005 07/12/2005 11/08/2005 11/22/2005 12/20/2005 01/04/2006 06/23/2006 06/26/2006 06/27/2006
08/14/2006
12/01/2006

statement submitted by counsel is adopted by the court. Fact discovery is to be completed by December 16, 2005. Motions terminated: 13 MOTION to Intervene filed by Godwin Enagbare,, Joe L. Willis,. Status Conference set for 1/11/2006 02:00 PM in Courtroom 9 before Judge George A. O'Toole Jr.. Another status conference is set for 7/5/06 at 2:00pm.(Court Reporter Shelly Killian.) (Lyness, Paul) (Entered: 02/15/2005)
21 Intervenor COMPLAINT with Jury Demand against intervenor defendant Washington Group International, Inc., filed by Godwin Enagbare, Joe L. Willis. (Edge, Eugenia) (Entered: 04/21/2005)
18 CERTIFICATION pursuant to Local Rule 16.1 by John Baldwin, Leonard Bell, Wayne Henderson, Johannes Kaindoh.(Edge, Eugenia) (Entered: 03/01/2005)
19 ACKNOWLEDGEMENT OF SERVICE Executed by Washington Group International, Inc., Ron Bennett, Michael Fogarty. Washington Group International, Inc. served on 3/1/2005, answer due 3/21/2005; Ron Bennett served on 3/1/2005, answer due 3/21/2005; Michael Fogarty served on 3/1/2005, answer due 3/21/2005. Acknowledgement filed by Washington Group International, Inc.; Ron Bennett; Michael Fogarty. (Edge, Eugenia) (Entered: 03/14/2005)
20 SUMMONS Returned Executed Dennis Woodruff served on 2/24/2005, answer due 3/16/2005. (Edge, Eugenia) (Entered: 03/14/2005)
22 NOTICE of Appearance by Stephen T. Paterniti on behalf of Washington Group International, Inc. (Paterniti, Stephen) (Entered: 06/09/2005)
23 ANSWER to Complaint with Jury Demand by Washington Group International, Inc..(Paterniti, Stephen) (Entered: 07/12/2005)
24 ANSWER to Intervenor Complaint by Ron Bennett, Michael Fogarty, Dennis Woodruff, Washington Group International, Inc..(Paterniti, Stephen) (Entered: 07/12/2005)
25 First MOTION for Extension of Time to August 16, 2006 to Complete Discovery On behalf of all Parties by Equal Employment Opportunity Commision.(Palacios, Rosa) (Entered: 11/08/2005)
Judge George A. O'Toole Jr.: Electronic ORDER entered granting 25 Motion for Extension of Time to Complete Discovery Discovery to be completed by 8/16/2006. (Lyness, Paul) (Entered: 11/22/2005)
Notice Resetting or Cancelling Hearing. (Lyness, Paul) (Entered: 12/20/2005)
Set/Reset Hearings: Status Conference set for 9/6/2006 02:00 PM in Courtroom 9 before Judge George A. O'Toole Jr.. Please mark your calendars accordingly. (Lyness, Paul) (Entered: 01/04/2006)
26 Second MOTION for Extension of Time to January 15, 2007 to complete Discovery and Mediation Jointly Filed by all parties.(Palacios, Rosa) Modified on 6/26/2006 (Edge, Eugenia). (Entered: 06/23/2006)
Judge George A. O'Toole Jr.: Electronic ORDER entered granting 26 Motion for Extension of Time Discovery to be completed by 1/15/2007. NO FURTHER CONTINUANCES WILL BE ALLOWED. (Lyness, Paul) (Entered: 06/26/2006)
E−Mail Notice returned as undeliverable. Name of Addressee: Jacques Dessin. The ECF Help Desk has contacted the attorney, who provided a new email address. The attorney's address was updated in the ECF database, and the notices resent this date. (Hurley, Virginia) (Entered: 06/27/2006)
ELECTRONIC NOTICE Resetting or Cancelling Hearing. The status conference scheduled for 9/6/06 at 2:00pm is cancelled. Counsel will be notified by the court of new date. (Lyness, Paul) Modified on 8/15/2006 (Edge, Eugenia). (Entered: 08/14/2006)
ELECTRONIC NOTICE of Hearing : Status Conference set for 2/1/2007 02:00 PM in Courtroom 9 before Judge George A. O'Toole Jr.. Please mark your calendars accordingly. (Lyness, Paul) (Entered: 12/01/2006)

Case: 1:04-cv-12097 As of: 05/21/2017 05:02 PM EDT 7 of 9

12/04/2006 12/06/2006 12/13/2006 12/14/2006 12/29/2006 12/29/2006 01/11/2007
01/22/2007
01/30/2007 01/31/2007 01/31/2007 02/01/2007 02/01/2007
02/02/2007 02/06/2007 04/03/2007 04/11/2007 04/13/2007 04/17/2007

27 STIPULATION Regarding Confidentiality of Godwin Enagbare's Medical Records by Equal Employment Opportunity Commision. (Palacios, Rosa) (Entered: 12/04/2006)
28 NOTICE of Appearance by Markus L. Penzel on behalf of Equal Employment Opportunity Commision (Penzel, Markus) (Entered: 12/06/2006)
29 (Third)Joint MOTION for Extension of Time to 04/16/2007 to Complete Discovery by Equal Employment Opportunity Commision.(Palacios, Rosa) Modified on 12/15/2006 (Edge, Eugenia). (Entered: 12/13/2006)
Judge George A. O'Toole Jr.: Electronic ORDER entered granting 29 Motion for Extension of Time Discovery to be completed by 4/16/2007. (Lyness, Paul) (Entered: 12/14/2006)
30 MOTION for Protective Order by Washington Group International, Inc..(Paterniti, Stephen) (Entered: 12/29/2006)
31 MEMORANDUM in Support re 30 MOTION for Protective Order filed by Washington Group International, Inc.. (Attachments: # 1 Affidavit of Stephen G. Hanks# 2 Affidavit of Stephen T. Paterniti)(Paterniti, Stephen) (Entered: 12/29/2006)
32 MEMORANDUM in Opposition re 30 MOTION for Protective Order filed by Equal Employment Opportunity Commision. (Attachments: # 1 Exhibit A# 2 Exhibit B (Part 1)# 3 Exhibit B (Part 2)# 4 Exhibit C (Part 1)# 5 Exhibit C (Part 2)# 6 Exhibit C (Part 3)# 7 Exhibit D# 8 Exhibit E# 9 Exhibit F# 10 Exhibit G# 11 Exhibit H# 12 Exhibit I# 13 Exhibit J)(Penzel, Markus) Additional attachment(s) added on 1/12/2007 (Edge, Eugenia). Additional attachment(s) added on 1/12/2007 (Edge, Eugenia). (Entered: 01/11/2007)
33 REPLY to Response to Motion re 30 MOTION for Protective Order filed by Washington Group International, Inc., Washington Group International, Inc.. (Attachments: # 1 Exhibit A (Part 1)# 2 Exhibit A (Part 2)# 3 Exhibit B (Part 1)# 4 Exhibit B (Part 2)# 5 Exhibit B (Part 3))(Paterniti, Stephen) (Entered: 01/22/2007)
Judge George A. O'Toole Jr.: Electronic ORDER entered denying 30 Motion for Protective Order. (O'Toole, George) (Entered: 01/30/2007)
34 NOTICE of Appearance by Jennifer A. Serafyn on behalf of Michael Fogarty (Serafyn, Jennifer) (Entered: 01/31/2007)
35 NOTICE of Appearance by Lisa J. Damon on behalf of Michael Fogarty (Damon, Lisa) (Entered: 01/31/2007)
36 MOTION to Withdraw by Washington Group International, Inc., Washington Group International, Inc..(Paterniti, Stephen) (Entered: 02/01/2007)
ElectronicClerk's Notes for proceedings held before Judge George A. O'Toole Jr.: Status Conference held on 2/1/2007. Discovery is to be completed by 4/16/07. Status Conference set for 5/31/2007 02:00 PM in Courtroom 9 before Judge George A. O'Toole Jr.. (Court Reporter Marie Cloonan.) (Lyness, Paul) (Entered: 02/01/2007)
Judge George A. O'Toole Jr.: Electronic ORDER entered granting 36 Motion to Withdraw (Lyness, Paul) (Entered: 02/02/2007)
Notice of correction to docket made by Court staff. Correction: Atty. Damon and Serafyn notice status corrected because: Changed from no notice to noticed (Edge, Eugenia) (Entered: 02/06/2007)
37 MOTION to Withdraw as Attorney For Dennis Woodruff by Washington Group International, Inc.. (Attachments: # 1)(Paterniti, Stephen) (Entered: 04/03/2007)
38 Opposition re 37 MOTION to Withdraw as Attorney For Dennis Woodruff and Request for Hearing filed by John Baldwin, Leonard Bell, Wayne Henderson, Johannes Kaindoh. (Bennett, Todd) (Entered: 04/11/2007)
39 Joint MOTION for Extension of Time to May 30, 2007 to Complete Discovery by Washington Group International, Inc..(Paterniti, Stephen) (Entered: 04/13/2007)
Judge George A. O'Toole Jr.: Electronic ORDER entered granting 39 Motion for Extension of Time to Complete Discovery Discovery to be completed by 5/30/2007.

Case: 1:04-cv-12097 As of: 05/21/2017 05:02 PM EDT 8 of 9

04/26/2007 05/31/2007 08/01/2007 08/02/2007 08/02/2007 08/03/2007 08/22/2007 08/22/2007 09/24/2007
10/04/2007 10/12/2007 11/27/2007
11/28/2007 12/10/2007 12/11/2007

(Lyness, Paul) (Entered: 04/17/2007)
40 NOTICE of Withdrawal of Appearance by Michael R. Bernardo (Bernardo, Michael) (Entered: 04/26/2007)
Electronic Clerk's Notes for proceedings held before Judge George A. O'Toole Jr.: Status Conference held on 5/31/2007. Settlement negotiations ongoing.Status Conference set for 8/1/2007 02:00 PM in Courtroom 9 before Judge George A. O'Toole Jr.. (Court Reporter Shelly Killian.) (Lyness, Paul) (Entered: 06/01/2007)
Electronic Clerk's Notes for proceedings held before Judge George A. O'Toole Jr.: Status Conference held on 8/1/2007. The court to inquire if this action can be referred to a Magistrate Judge for settlement conference. (Court Reporter Shelly Killian.) (Lyness, Paul) (Entered: 08/02/2007)
41 Judge George A. O'Toole Jr.: ORDER entered. REFERRING CASE to Magistrate Judge Marianne B. Bowler Referred for: Settlement Conference(Lyness, Paul) (Entered: 08/02/2007)
42 Assented to MOTION to Continue Settlement Conference to a date from and including September 19, 2007 through October 5, 2007, but not including September 21, 25, 27, 28 and October 1, 2, and 3 by Equal Employment Opportunity Commision.(Penzel, Markus) (Entered: 08/02/2007)
Judge Marianne B. Bowler: Electronic ORDER entered granting 42 Motion to Continue. The mediation is continued until October 4, 2007 at 10:00 a.m. (Bowler, Marianne) (Entered: 08/03/2007)
43 NOTICE of Appearance by Jennifer A. Serafyn on behalf of Dennis Woodruff (Serafyn, Jennifer) (Entered: 08/22/2007)
44 NOTICE of Appearance by Lisa J. Damon on behalf of Dennis Woodruff (Damon, Lisa) (Entered: 08/22/2007)
45 NOTICE of ADR Conference. The settlement conference previously set 10/4/2007 is rescheduled to 10/17/2007 at 10:00 AM in Courtroom 25 before Magistrate Judge Marianne B. Bowler. All PARTIES and trial counsel are REQUIRED to attend and must have full binding settlement authority. Leave of court is REQUIRED for any exceptions. All confidential briefs are to be submitted to the court VIA FACSIMILE at (617) 204−5833 at least TWO BUSINESS DAYS prior to the hearing. (Duffy, Marc) Additional attachment(s) added on 9/24/2007 (Duffy, Marc). (Entered: 09/24/2007)
46 Assented to MOTION to Continue Settlement Conference to Week of December 17−20, 2007 (Partially Assented−To) by Washington Group International, Inc..(Paterniti, Stephen) (Entered: 10/04/2007)
Judge Marianne B. Bowler: Electronic ORDER entered granting 46 Motion to Continue. The settlement conference is continued until December 17, 2007 at 10:00 a.m. (Bowler, Marianne) (Entered: 10/12/2007)
47 Assented to MOTION to Continue Settlement Confrence to December 18, 2007 by Equal Employment Opportunity Commision, Godwin Enagbarre, Joe L. Willis, Washington Group International, Inc., John Baldwin, Leonard Bell, Wayne Henderson, Johannes Kaindoh, Ron Bennett, Michael Fogarty, Dennis Woodruff.(Paterniti, Stephen) (Entered: 11/27/2007)
Judge Marianne B. Bowler: Electronic ORDER entered denying 47 Motion to Continue, without prejudice. The date proposed by counsel is not available. Parties are advised to contact the deputy clerk, Marc Duffy, Esq., to select an alternative date. (Bowler, Marianne) (Entered: 11/28/2007)
48 Partially Assented to MOTION to Continue Settlement Conference from 12/17/07 to 01/29/08 by Washington Group International, Inc..(Paterniti, Stephen) Modified on 12/18/2007 (Edge, Eugenia). (Entered: 12/10/2007)
Judge Marianne B. Bowler: Electronic ORDER entered granting 48 Motion to Continue. (Bowler, Marianne) (Entered: 12/11/2007)

Case: 1:04-cv-12097 As of: 05/21/2017 05:02 PM EDT 9 of 9

12/12/2007 12/12/2007 01/29/2008 01/30/2008
01/30/2008 01/30/2008 01/30/2008 03/07/2008 03/17/2008 04/02/2008
03/31/2009

49 NOTICE of Appearance by Erin S. Martino on behalf of Michael Fogarty, Dennis Woodruff (Martino, Erin) (Entered: 12/12/2007)
50 NOTICE of Withdrawal of Appearance by Jennifer A. Serafyn (Serafyn, Jennifer) (Entered: 12/12/2007)
51 REPORT of Alternative Dispute Resolution Provider. The case is settled. (Duffy, Marc) (Duffy, Marc). (Entered: 01/29/2008)
Judge George A. OToole, Jr: Electronic ORDER entered. SETTLEMENT ORDER OF DISMISSAL− It is ORDERED that this action is hereby dismissed without costs and without prejudice to the right of any party, upon good cause shown, to reopen the action within 60 days if settlement is not consummated. (Lyness, Paul) (Entered: 01/30/2008)
Civil Case Terminated. (Lyness, Paul) (Entered: 01/30/2008)
52 CONSENT by all parties to Jurisdiction by US Magistrate Judge. (Duffy, Marc) (Entered: 01/30/2008)
Magistrate Judge Marianne B. Bowler added as presiding judge. Judge George A. OToole, Jr no longer assigned to case. (Duffy, Marc) (Entered: 01/30/2008)
53 SETTLEMENT AGREEMENT /CONSENT DECREE by Equal Employment Opportunity Commision. (Palacios, Rosa) (Entered: 03/07/2008)
54 SETTLEMENT AGREEMENT, Consent Decree entered by the court. (Duffy, Marc) (Entered: 03/19/2008)
55 MOTION to Amend 54 Settlement Agreement to Substitute/Amend Exhibit B by Equal Employment Opportunity Commision. (Attachments: # 1 Exhibit Substituted/Amended)(Palacios, Rosa) (Entered: 04/02/2008)
Magistrate Judge Marianne B. Bowler: Electronic ORDER entered granting 55 Motion to Amend. (Bowler, Marianne) (Entered: 03/31/2009)