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

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff,

CIVIL ACTION NO.

go
MIDWEST RACKING MFG., INC. d/b/a MIDWEST RACK MFG., INC.,

COMPLAINT

Defendant.

JURY TRIAL DEMAND

NATURE OF THE ACTION

This is an action under Title VII of the Civil Rights Act of 1964 ("Title VII") and Title I

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

to provide appropriate relief to Victor McGruder who was adversely affected by such practices.

The Commission alleges that Defendant harassed Victor McGruder because of his race, black,

and terminated him because of his race and in retaliation for opposing unlawful employment

practices in violation of Title VII.

JURISDICTION AND VENUE

1. Jurisdiction of this Court is invoked pursuant to 28 U.S.C. §§ 451, 133 l, 1337,

1343 and 1345. This action is authorized and instituted pursuant to Section 706(f)(1) and (3) of

Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e-5(f)(1) and (3), and

Section 102 of the Civil Rights Act of 1991, 42 U.S.C. § 1981a.

2. The employment practices alleged to be unlawful were committed within the

jurisdiction of the United States District Court for the Southern District of Illinois.

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)(1) and (3) of Title VII, 42 U.S.C. § 2000e-5(f)(1) and (3). 4. At all relevant times, Defendant has continuously been a Missouri corporation doing business in the State of Illinois and the City of Madison, 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 701(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, Victor McGruder 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 September 1, 2003, Defendant has engaged in unlawful employment practices at its Madison, Illinois facility, in violation of Sections 703(a) and 704(a) of Title VII, 42 U.S.C. § 2000e-2(a) and 3(a). Defendant harassed Victor McGruder because of his race, black, by subjecting him to racial slurs and derogatory comments because of his race and in retaliation for his opposition to Defendant’s harassment. Defendant further discharged Victor McGruder because of his race and in retaliation for his opposition to Defendant’s harassment.
2

The effect of the practices complained of in paragraph 7 above has been to deprive Victor McGruder of equal employment opportunities and otherwise adversely affectsthaitsus as an employee, because of his race.
The unlawful employment practices complained of in paragraph 7 above were intentional.
10. The unlawful employment practices complained of in paragraph 7 above were done with malice or with reckless indifference to the federally protected rights of Victor McGruder.
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 and any other employment practice which discriminates on the basis of race. B. Order Defendant to institute and carry out policies, practices, and programs which provide equal employment opportunities for African-Americans and which eradicate the effects of its past and present unlawful employment practices. C. Order Defendant to make whole Victor McGruder, by providing appropriate backpay with prejudgment interest, in amounts to be determined at trial, and other affirmative relief necessary to eradicate the effects of its unlawful employment practices, including but not limited to rightful place reinstatement.

D. Order Defendant to make whole Victor McGruder, by providing compensation for

past and future pecuniary losses resulting from the unlawful employment practices described in

paragraph 7 above, including medical expenses, in amounts to be determined at trial.

E. Order Defendant to make whole Victor McGruder by providing compensation for

past and future nonpecuniary losses resulting from the unlawful practices complained of in

paragraph 7 above, including emotional pain, suffering, inconvenience, loss of enjoyment of life

and humiliation, in amounts to be determined at trial.

F. Order Defendant to pay Victor McGruder punitive damages for its malicious and

reckless conduct described in paragraph 7 above, in amounts to be determined at trial.

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Grant such further relief as the Court deems necessary and proper in the public

interest.

H. Award the Commission its costs of this action.

JURY TRIAL DEMAND

The Commission requests a jury trial on all questions of fact raised by its

complaint.

Respectfully submitted,

ERIC S. DREIBAND General Counsel

JAMES L. LEE Deputy General Counsel

GWENDOLYN YOUNG REAMS Associate General Counsel

ROBERT G. JOHN~)~g Regional Attorney
MELVIN D. KENNEDY Senior Trial Attorney
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION St. Louis District Office Robert A. Young Federal Bldg. 1222 Spruce, Room 8.100 St. Louis, MO 63103 (314) 539-7915

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

EQUAL EMPLOYMENT OPPORTUNITY )

COMMISSION,

)

)

Plaintiff,

)

)

v.

)

)

MIDWEST RACKING MFG., INC.

)

d/b/a MIDWEST RACK MFG., INC.

)

)

Defendant.

)

Cause No. 05-CV-194-WDS

ORDER OF DEFAULT JUDGMENT
In this Title VII race discrimination action, Victor McGruder alleges that he was subject
to racial slurs during his one month of employment with defendant company, and that when he
complained, he was discharged. Defendant has not filed an answer or otherwise responded.
Upon default having been entered against Defendant Midwest Racking Manufacturing,
Inc. d/b/a Midwest Rack Manufacturing, Inc. (hereinafter, "Midwest Rack") and pursuant to
Plaintiff's Motion for Default Judgment, the Court having held a hearing on the matter on
September 16, 2005, and evidence having been presented by the EEOC on the matter of damages
suffered by Victor McGruder, it is hereby ORDERED that:
(1) Plaintiff’s Motion for Default Judgment is GRANTED;
(2) Defendant Midwest Rack is liable to Victor McGruder for $22,893.27 in back wages, less any amounts Defendant is required to withhold from employee wages under federal, state or local laws;
(3) The Court having determined from the testimony presented that Victor McGruder suffered emotional pain and suffering, Defendant is liable to Victor McGruder for $1,000.00 , in compensatory damages as allowed under 42 U.S.C. § 1981a(a)(1) and

(b)(3);1 and
(4) The Court having determined from the testimony presented and arguments from counsel that Defendant engaged in discriminatory practices with malice or reckless indifference to the federally protected rights of Victor McGruder, Defendant is liable to Victor McGruder for $10,000.00 in punitive damages as allowed under 42 U.S.C. § 1981a(a)(1) and (b)(1).2
IT IS FURTHER ORDERED that Defendant Midwest Rack:
(5) Is prohibited from further engaging in discriminatory conduct in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000e-2 and 2000e-3;
(6) Shall post and cause to remain posted the posters required to be displayed in the workplace by EEOC regulation 29 C.F.R. § 1601.30 in all facilities owned and operated by Defendant; and
(7) For a period of three (3) years commencing upon the date of this Order, Defendant shall, within fifteen (15) days of receiving a complaint of racial harassment or discrimination, provide written notification to the EEOC's Regional Attorney, in its St. Louis District Office, of any such complaint made by any employee, including the name(s) of the complaining employee(s), a description of the investigation of the complaint(s), the finding of the investigation and a description of action taken and/or resolution of the complaint(s).
1The only evidence in the record relevant to the issue of compensatory damages is Victor McGruder’s testimony that he is the type of person who becomes sick to his stomach upon hearing the word “nigger” (see, Tr. 9/16/05 at p.8), and that as a result of being called a “special nigger” on two occasions, his “self confidence took a hit” and he felt “humiliated.” (See, id. at pp. 4, 8). He did not seek medical assistance or incur medical expenses as a result of his month-long experience at defendant company. (See, id. at p.8). Based upon the evidence in the record, the Court finds that a compensatory damages award in an amount approximately equal to one month’s salary is appropriate.
2In awarding punitive damages, the Court relies upon the testimony of Victor McGruder, who stated that after being called a “special nigger” by Michael Sabados, Senior, the general manager of the company, he reported the harassment to Rick Sabados, the president of the company, and was told that Rick was “aware that his father has the kind of behavior that I was talking about [namely, using the word “nigger”], but at the same time his father is his father, there is nothing he can do.” (See, Tr. 9/16/05, p. 4). In addition, Lucille Slater, investigator for the EEOC, testified that during her interview with Michael Sabados, Junior, he admitted that he was aware that black employees used the word “nigger” among themselves and that he took no action to correct the racial slurs. (See, id. at p. 20). Michael Sabados, Senior, freely admitted to Slater his use of the word “nigger” but stated that he used it in a kidding manner. (See, id. at p. 21). Subsequently, when Slater phoned the company to discuss the possible conciliation, Michael Sabados, Senior, answered her call and, according to Slater, ranted on the phone saying “nigger this, nigger that, they don’t want to be called niggers.” (See, id. at p. 25).
There is sufficient evidence in the record for the Court to conclude that defendant company engaged in intentional discrimination “with malice or reckless indifference to the federally protected rights of” Victor McGruder. 42 U.S.C. § 1981a(b)(1). In light of the amount of compensatory damages awarded in this case and the evidence in the record, the Court finds that a punitive damages award in the amount of $10,000.00 is appropriate.

IT IS SO ORDERED. Dated: September 21, 2005

s/WILLIAM D. STIEHL United States District Judge

 
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U.S. District Court Southern District of Illinois (East St. Louis) CIVIL DOCKET FOR CASE #: 3:05-cv-00194-WDS-PMF

CLOSED

Equal Employment Opportunity Commission v. Midwest Racking Mfg., Inc. Assigned to: Judge William D. Stiehl Referred to: Mag Judge Philip M. Frazier Cause: 42:1981 Job Discrimination (Race)

Date Filed: 03/17/2005 Date Terminated: 09/21/2005 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

Plaintiff
Equal Employment Opportunity Commission

represented by Eric S. Dreiband Equal Employment Opportunity Commission - St. Louis, MO 1222 Spruce Street Room 8.100 St. Louis, MO 63103 314-539-7915 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Gwendolyn Y. Reams Equal Employment Opportunity Commission - St. Louis, MO 1222 Spruce Street Room 8.100 St. Louis, MO 63103 314-539-7915 LEAD ATTORNEY ATTORNEY TO BE NOTICED

James L. Lee Equal Employment Opportunity Commission - St. Louis, MO 1222 Spruce Street Room 8.100 St. Louis, MO 63103 314-539-7915 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Melvin D. Kennedy Equal Employment Opportunity Commission - St. Louis, MO 1222 Spruce Street Room 8.100 St. Louis, MO 63103

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V. Defendant Midwest Racking Mfg., Inc. doing business as Midwest Rack Mfg., Inc.
Garnishee Bank of America NA

314-539-7915 Email: melvin.kennedy@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED
Robert G. Johnson Equal Employment Opportunity Commission - St. Louis, MO 1222 Spruce Street Room 8.100 St. Louis, MO 63103 314-539-7915 Email: robert.johnson@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed 03/17/2005 03/31/2005
05/18/2005 06/07/2005 06/27/2005 08/08/2005

#

Docket Text

1 COMPLAINT against Midwest Racking Mfg., Inc., filed by Equal Employment Opportunity Commission. (Attachments: # 1 Civil Cover Sheet)(lmb) (Entered: 03/17/2005)

2 WAIVER OF SERVICE Returned Executed by Equal Employment Opportunity Commission. Midwest Racking Mfg., Inc. waiver sent on 3/17/2005, answer due 5/16/2005. (Kennedy, Melvin) (Entered: 03/31/2005)

3 MOTION for Entry of Default by Equal Employment Opportunity Commission. (Attachments: # 1)(Kennedy, Melvin) (Entered: 05/18/2005)

4 Clerk's (NGJ:ds) ENTRY OF DEFAULT as to Midwest Racking Mfg., Inc. on 6/7/05. (djs) (Entered: 06/07/2005)

5 MOTION for Default Judgment as to Midwest Racking Manufacturing, Inc. by Equal Employment Opportunity Commission. Responses due by 7/27/2005 (Kennedy, Melvin) (Entered: 06/27/2005)

6 NOTICE of Hearing on 5 MOTION for Default Judgment as to Midwest Racking Manufacturing, Inc.: Motion Hearing set for 9/16/2005 at 01:30

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09/16/2005
09/21/2005
10/05/2005 01/03/2006 01/03/2006 01/05/2006 01/05/2006 01/19/2006 10/02/2006 10/02/2006
10/02/2006 11/29/2006 03/19/2007

PM in East St. Louis Court House before Judge William D. Stiehl. (skp) (Entered: 08/08/2005)
7 Minute Entry for proceedings held before Judge William D. Stiehl : Motion Hearing held on 9/16/2005 re 5 MOTION for Default Judgment as to Midwest Racking Manufacturing, Inc. filed by Equal Employment Opportunity Commission. Motions Taken Under Advisement. (Court Reporter: Daveanna Ramsey.) (skp) (Entered: 09/16/2005)
8 DEFAULT JUDGMENT in favor of plaintiff, GRANTING 5 MOTION for Default Judgment as to Midwest Racking Manufacturing, Inc. filed by Equal Employment Opportunity Commission. (See Order for specifics) Signed by Judge William D. Stiehl on 9/21/05. (skp) (Entered: 09/21/2005)
9 RECEIPT for Permanent Release of Exhibits by Equal Employment Opportunity Commission. (skp, ) (Entered: 10/05/2005)
10 APPLICATION for Writ of Continuing Garnishment by Equal Employment Opportunity Commission. (jmp) (Entered: 01/06/2006)
11 CLERK'S NOTICE OF GARNISHMENT (jmp) (Entered: 01/06/2006)
12 Amended APPLICATION for Writ of Continuing Garnishment by Equal Employment Opportunity Commission. (jmp) (Entered: 01/06/2006)
13 WRIT OF CONTINUTING GARNISHMENT issued (jmp) (Entered: 01/06/2006)
14 ANSWERS TO INTERROGATORIES of Garnishee Bank of America, N.A.(tjh) (Entered: 01/23/2006)
15 MOTION for Writ (U.S. Equal Employment Opportunity Commission's Application for Writ of Execution) by Equal Employment Opportunity Commission. (lmb) (Entered: 10/03/2006)
16 CLERK'S NOTICE OF POST-JUDGMENT EXECUTION DIRECTED TO MIDWEST RACKING MANUFACTURING, INC. by Equal Employment Opportunity Commission re 15 MOTION for Writ (lmb) (Entered: 10/03/2006)
17 WRIT of Execution Issued as to Midwest Racking Manufacturing, Inc. d/b/a Midwest Rack Manufacturing, Inc. (lmb) (Entered: 10/03/2006)
18 WRIT Returned Executed as to Midwest Racking Mfg., Inc. (lmb) (Entered: 11/30/2006)
19 SATISFACTION OF JUDGMENT by Equal Employment Opportunity Commission. (Kennedy, Melvin) (Entered: 03/19/2007)

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