• Case 6:06-cv-06426-MAT

Document 1

• Filed 08/23/2006 Page 1 of 5

UNITED STATES DISTRICT COURT DISTRICT OF NEW YORK

EQUAL EMPLOYMENT OPPORTUNITY)

COMMISSION,

)

)

Plaintiff

)

)

~

)

)

AMERICAN INDUSTRIAL SALES

)

CORP. d/b/a RAK INDUSTRIES, INC., )

)

Defendant.

)

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

0 6

CIVIL ACTION NO.
COMPLAINT AND JURY TRIAL DEMAND

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 sex as well as constructive discharge and retaliation by American Industrial Sales Corp. d/b/a RAK Indll5tries, Inc. (hereinafter "RAK"), and to make whole AshIea Crawford (hereinafter "Crawford" or "Charging Party") and other similarly situated women affected by Defendant's discriminatory practices. As alleged in greater detail in paragraph 7 below, defendant SUbjected Charging Party and other similarly situated women to discrimination on the basis of sex that included, but was not limited to: creating and failing to remedy a hostile work environment on the basis of sex, constructive discharge, and retaliation.
JURISDICTION AND VENUE 1. Jurisdiction of this Court is invoked pursuant to 28 U.S.C. §§ 451,1331,1337, 1343 and 1345. This action is authorized and instituted pursuant to Section 706(1)(1) and (3) of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. §2000e-5(I)(1) and (3).

• Case 6:06-cv-06426-MAT

Document 1

• Filed 08/23/2006 Page 2 of 5

2. The employment practices alleged to be unlawful were committed within the jurisdiction of the United States District Court for the Western District of New York.
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) ofTitle VII, 42 U's,C, §2000e,5(f)(1) and (3), 4. At all relevant times, Defendant, RAK Industries has continuously been a New York corporation doing business in the State of New York, and has continuously had at least 15 employees. 5. At al1 relevant times, RAK 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, Charging Party 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 2003, Defendant has engaged in unlawful employment practices in violation of Section 703 (a) of Title VII, 42 U.S. C. §2000 e- (a) and (b). These practices included, but are not limited to, the following:
a) Defendant's owner, president and vice president subjected Crawford and a class of other similarly situated women employed in Defendant's Rochester, NY and Las Vegas, NV locations to offensive, sexually harassing conduct including, but not limited to, unwanted

2

• Case 6:06-cv-06426-MAT

Document 1

• Filed 08/23/2006 Page 3 of 5

and inappropriate touching, sexual advances, sexual comments, express or implied demands for sexual favors and/or romantic relationship in exchange for an employment related benefit or to avoid some employment related detriment, and other unwelcome and offensive conduct, which created a sexually hostile work environment.
b) Despite complaints of the unlawful conduct by Crawford and other similarly situated individuals, Defendant failed to take appropriate remedial action. Defendant also took adverse actions against similarly situated individuals who complained about the unlawful conduct which included but was not limited to termination of employment,
c) Crawford and other similarly situated individuals were constructively discharged by being forced to leave their employment in the context of unbearable unlawful discrimination that was created and remained un-remedied by Defendant.
8. Defendant's practices complained of in paragraph 7 above deprived Crawford and other similarly situated individuals of equal employment opportunities and otherwise adversely affected their employment because of their sex,
9. Defendant's unlawful employment practices complained of in paragraph 7 above were intentional.
10. Defendant's unlawful employment practices complained of in paragraph 7 above were done with malice or with reckless indifference to the federally protected rights of Crawford and other similarly situated women.

PRAYER FOR RELIEF Wherefore, the Commission respectfully requests that this Court:

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• Filed 08/23/2006 Page 4 of 5

A. Grant a permanent injunction enjoining Defendant, it's officers, successors, assigns, and all persons in active concert or pw"ticipation with them, from engaging in any employment practices which discriminate on the basis of sex;
B. Order Defendants to institute and carry out policies, practices and programs which provide equal employment opportunities for employees, and which eradicate the effects of Defendant's past and present unlawful employment practices, including training of all employees and counseling for those found to have sexually harassed employees;
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 including reinstatement to eradicate the effects of Defendants' unlawful employment practices;
D. Order Defendant to make whole all of 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 punitive damages for their malicious andlor reckless conduct in amounts to be determined at tria1.
F. Grant such further relief as the Court deems necessary and proper. G. Award the Commission its costs in this action.

JURY TRIAL DEMAND The Commission requests a jury trial on all questions of fact raised by its complaint.

4

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• Case 6:06-cv-06426-MAT

Document 1

• Filed 08/23/2006 Page 5 of 5

Dated: Boston, Massachusetts August 22, 2006

Respectfully submitted,

Ronald S. Cooper
General Counsel
James Lee Deputy General COlUlsei
Gwendolyn Y. Reams Associate General COlUlsel EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 1801 L Street, N.W. Washington, D.C. 20507

.,cZ;../,:;C;'-,':-"7:":',:.1:::LX::;··'-('--l:.tl----:(:...-"-,"...:'_·.·.:...")l \(l ,1 Y ,

Elizabeth Glossman

( ;/{ I

Regional Attorney

EQUAL EMPLOYMENT OPPORTUNITY

COMMISSION

New York District Office

33 Whitehall St., 5" Floor

NY, NY 10004-2112

Tel: (212) 336-3696

Fax: (212) 336-3623

i dJ(I/{;j4L~' EliZa~eth·0ossman@eeoc.gov

.\ ILL /-

',,'

-

R. Lil~ 1 cio,s'Baldwin Senior ri ~A1;IOmey (MA BBO 640786)

EQUAL Et>1PLOYMENT OPPORTUNITY

COMMISSION

Boston Area Office

John F. Kennedy Federal Building

Room 475

Boston, MA 02203-0506

Tel: (617) 565-3\88

Fax: (617) 565-3196

Rosa.palacios@eeoc.gov

5

 
 l.lay-06·09 C03a:3s2pem6:0F6ro-mcv- -06426-MAT-JWF Document 30 Filed 05/13/08 1P·7a3g7e 1P o00f2/10291 F-112

UNITED STATES DISTRICT COURT

WESTERN
·----

DISTRICT-OF-N-EW-Y-OR-K

-

X

EQUAL EMPLOYMENT OPPORTUNITY

COMMISSION,

:

Plaintiff,

-against-

No. 06-cv-6426 (MA1)

AMERICAN INDUSTRIAL SALES CORP. d/b/a RAK INDUSTRIES, INC,

Defendant.
--~- ---,---------X CONSENT DECREE

PART I

GENERAL PROVISIONS

Section 101 Introduction Plaintiff Equal Employment Opportunity Conunission ("EEOC'') snd defendant
American Industrial Sales Corp. dlbla RAK Industries r'Defendanf'), have agreed to resolve this action by the tenns of this Consent Decree ("Decree") as set forth below.
EEOC filed this action on or about August 23, 2006 against Defendant under Title VII of the Civil Rights Actofl964, aa amended. and Tide 1ofthe Civil Rights Act ofi991 alleging
Defendant subjected the Charging Party Ashlea Crawford ("Crawford'') and other similarly situated women who ate current or fanner employees ofDefendant to offensive and unwelcome conduct, which created a sexually hostile work environmenL The complaint further alleges that Defendant failed to remedy the hostile work environment in response to employees' complaints and alleges that Crawford and similarly situated individuals were constructively discharged.

Defendant denies EEOC's allegations.

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Section 102 Purpose ()f the Decree A. The parties, defined as EEOC and Defendant, desire to settle this action, and
therefore do hereby stipulate and consent to the entry of this Decree as final and binding between the parties and their :successors, assigns, and any other corporation or other entity into which Defendant may merge or with which Defendant may consolidate. Defendant shaH provide notice and a copy ofthis Decree to any successors, assigns, and any other corpOration or other entity into which Defendant may merge or with which it may consolidate.
B. The Decree resolves all issues relating to the allegations in EEOC's complaint filed in this action and Ashleo Crawford's EEOC Charge of Discrimination number 16:>-200500866, which served as the jurisdictional prerequisite in thh~ case. The Decree does not resolve
any charge of discrimination currently pending before EEOC, or any charge that may be filed in the future, other than the charge listed above and the claims asserted in connection with this action. EEOC reserves all rights to proceed regarding matters not covered in this Decree.
C. The terms ofthis Decree represent the full and complete agreement of the parties. The parties agree that this Decree may be entered into without Findings of Fact and Conclusions of Law being made and entered by the Court and nothing in this Decree shall be considered an ad1nission of liability on the part of Defendant. Section 103 Prohibited Conduct and Injunction to Not Discriminate
A. Defendant, its managers, officers, agents, successors, and assigns are hereby enjoined from discriminating against any individual because ofthe individual's sex and from retaliating against any indivi~ because that individual is a beneficiary of this Decree, has filed a complaint, or has provided information, assisWnce, or participated in any other manner in the investigation or litigation ofthis matter.
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B. Nothing in this Decree shall be construed to limit or reduce Defendant's obligations to comply with the statutes enforced by EEOC: Title VI! ofthe 1964 Civil Rights Act, as amended, 42 U.S.C. §2000e, el3eq.; Title 1 of the Americans with Disabilities Act, 42 U.S.C. §12101, etseq.; AgeDiscrimlnationin Employment Act, 29 U.S.C §621, er seq.; and Equal Pay Act, 29 U.S.C. §206(d). Section 104 Consent to Jurisdiction
A. EEOC and Defendant agree that this Coun has jurisdiction over the subject matter of this litigation and the parties for the duration of this Decree. No party to this action shall contest the validity of this Decree or the jurisdiction of the federal district court to enforce this Decree and its terms.
B. The Court shall retain jurisdiction over this action for the duration of the Decree for all pwposes including, but not limited to, the entering of all orders, judgments, and decrees as necessary to implement the relief provided herein. Any party may bring an enforcement action upon breach ofany of the t6IID.S ofthis Decree by any other party after providing notice of such claimed breach i!Ild a reasonable opportunity to cure any alleged breach, unless EEOC's providing such notice would result in harm to the public: interest. In any action to enforce the terms ofthis Decree, the Court will have full authority to order any remedy the Court deems appropriate, including, but not limited to, specific perfonnance and/or extension ofthe Decree. This matter may be administratively closed but shall not be dismissed during the duration of the
Decree.
Section 105 Implementation of the Decree EEOC aud Defendant agree to take all steps that may be n=ary to fully effectuate the
tenus ofthis Decree.
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Section 106 Amendments to the Detree By mutual consent of the parties, this Decree may be amended in the interests ofjustice
and fairness and to facilitate execution ofthe Decree's provisions. No waiver, modification or amendment of any provision oftbis Decree shall be effective unless made in writing. approved by all parties to this Decree, and approved or ordered by the Court, except that the parties may mutually agree in writing to modifY the procedures in Sections 201-203 without approval of the
Court.
Scc:tion 107 Duration of the Decree The Decree shall remain in effect for three (3) years from the final approval date of the
Decree. The effective date ofthe Decree shall be the date it is signed by and receives final approval from the Court. S~tfon 108 Breach. of D~rce
The parties agree that they will cooperate to effectllate and implement all terms and conditions ofthis Decree, and exercise good faith efforts to accomplish the terms and conditions of this Decree. Tiris Decree shall be construed under applicable federal law. Section 109 Notices
Except as otherv.rise provided for in this Decree, all notifications, reports and communications to the parties required under this Decree shall be made in writing and shall be sufficient as hand-delivered, faxed or sent by certified, registered or overnight mail to the following persons (or their designated successors):

For EEOC'

Margaret A. Malloy Equal Employment Opportunity Commission 33 Whitehall Street, 5th Floor New York, NY 10004
Fax: 212.336.3623

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For Defendant:

Robert P. Hoary
Hiscock & Barclay, LLP 1100 M&T Center 3 Fountain Plaza Buffalo, NY 14203-1414 Fax: 716.846.1202

Any party may change the person· or address for notification by providing written notice to the other party setting forth the new person and/or address fot such purpose. Not9/ithstanding the provisions for notification contained in this paragraph, the parties may, after agreement memorialized in writing, send each other such notifications, reports and communications by electronic mail.
PART II SYSTEMIC RELIEF Section ZOI Posting and Distribution of Notices A. Posting of Notice of Resolution
Within thirty (30) days after Defendaot or any successor or purchaser ofDefendant
reswnes operation of any aspect of its business and employs anyone other than Michael Kaufinan
or Richard Kaufman, Defendant shall conspicuously post and maintain a ~~oti.ce of Resolution" regarding this lawsuit (attached as Exhibit A) in prOJni.nent places where employee notices are posted at all of Defendant's facilities.
B. Provision ofNotiee and Memo to Employees Within thirty (30) days after Defendant or any s\lccessor or purchaser of Defendant resumes operation of any aspect of its business and employs anyone other than Michael Kaufman
or Richard Kaufman, Defendant shall provide a copy of the Notice of Resolution (Exhibit A) and a memo setting forth the requirements of Title VU (attached as Exhibit B), to all employees at all

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of Defendant's facilities. Defendant shall provide the same Notice of Resolution and memo to
all future employees at all ofDefendant's facilities at the commencement of their employment. C. Posting of EEOC Poster Within thirty (30) days after Defendant or any successor or purchaser ofDeferuiant
resumes operation of any aspect of its business and employs anyone other than Michael Kaufman or Richard Kaufinan, Defendant will post the EBO poster describing federal laws prohibiting discrimination in prominent places where employee notices are posted as required by federal regulations. Defendant shall notify EEOC in writing within ten (I 0) days that it has complied
with the requirement of posting the EEO poster pursuant to this Section. Sectloo l02 Nondis:crimlnation Policy and Complaint Procedures
A. Required Content of Nondiscrimination Policy and Procedure Within thirty (30) days after Defendant or any successor or purchaser ofDefendant reswnes operation ofany aspect ofits business and employs anyone other than Michael Kaufinan or Richard Kauftnan, Defendant shall adopt the antidiscrimination policy and COntplaint procedure ("Policy and Procedure"), attached hereto as Exhibit C, which has been reviewed and approved by EEOC. B. lssuance of Policy and Prof:edure Defendant shall provide each employee with a copy of Defendant's Nondiscrimination Policy and Procedure within thirty (30) days after Defendant or any successor or purchaser of Defendant resumes operation of any aspect of its business and employs anyone other than Michael Kau.ftnan or Richard Kau:finan. The Policy and Procedure shall be issued with the memo attached as Exhibit B. Defendant shall include the updated Policy and Procedure in its Employee Handbook and shall make it available on any caxnpany website that makes other
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human resources information or policies available to employees. Defendant shall provide all new employees with copies of the Policy and Procedure within five (5) days ofthe commencement of employment.
C. Modification of the Policy and Procedure If Defendant wishes to modify the Policy and Procedure concerning discrimination during the term of the Decree, it shall do so only after submitting the modified Policy and Procedure to EEOC for approval and after receiving such approval in writing. Section 203 Training A. Initial Training Within ninety (90) days after Defendant or any successor or purchaser ofDefendant resumes operation of any aspect of its business and employs aP.YQne other than Michael Kaufman or Richard Kaufinllll, Defendant will provide three (3) hours of training for supervisory and management employ~ and one (1) hour oftraining for all nonsupervisory employees. The training will be conducted by an independent third-party who must first be approved by EEOC.
At least sixty (60) days before the training occurs, Defendant will submit its proposed detailed
training agenda and materials as well as the name and qualifications of its proposed trainer to EEOC for EEOC's review and approval.
The initial training will review the rights and responsibilities of employees under federal antidiscrimination laws and how such laws define unlawful discrimination with a focus on sexual harassment. The training willI include examples ofm1lawful conduct. The training also will cover Defendant's antidiscrimination Po1icy and Procedure, with particular emphasis on the internal complaint procedures and an employee's right to file with EEOC and state or local agencies. In addition to those topics listed above, training for supervisory and management
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employees will cover how to avoid sexual harassment and the proper procedures for

investigating and responding to internal complaints. All nonsupervisory employees, supervisory and management employees will attend the
appropriate initial tnUning oession. Within ten (I 0) days of any training session, Defendant will provide EEOC with an attendance sheet that includes the date, the names ofthose in attendance

and the signatures of those in attendance.

B. Annual TraiDing

1. Annu9.l Training for Nonsupervisory Employees On an annual basis, Defendant will provide all nonsupervisory employees with at least one (I) hour of EEO training as described below in subparagraph 3.a.
2. Annual Training for ManageDlcnt and Supervisory Employees On an annual basis, Defendant will provide all supervisory and management employees with at least two (2) homs ofEEO training as described below m subparagraphs 3.a. and 3.b.

3. Required Subjects of Annual Traming

The annual tnrining programs will include:

a.. For nonsupervisory, supervisory and management employees, instruction on the

requirements of all applicable equal employment opportunity laws including, but not limited to,

Title VII of the Civil Rights Act of 1964, as amended, the Pregnancy Discrimination Act, the

Age Discrimination in Employment Act, the Americans with Disabilities Act and the Equal Pay

Act, and a review of Defendant's nondiscrimination pOlicies and procedures with particular

emphasis on the right to a wotkplace free of sexual harassment and the complaint procedure.

b.

For supervisory and management employees, instruction on any policies and

requirements related to this Decree and instruction on the specific requirements of this Decree

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C03a:34spem 6:0F6ro-mc-v-06426-MAT-JWF Document 30 Filed 05/13/08 TP-Ta!Tge 9P 0o1f0/10Z9I F-IIZ

and the proper procedures for responding to complaints of discrimination or harassment. Counsel for Defendant shall provide the annual training on policies and requirements related to

this Decree.

C. Training for New Employees

I.

Defendant will provide one (I) hour of training for all new nonsupervisory

employees and three (3) hours ofttaining for all new management/supervisory employees within

thirty (30) days ofthe commencement of their employment. The training will review the rights and responsibilities of employees under federal
antidiscrimination laws and how such laws define unlawful discrimination, with a focus on sexual harassment and sex discrimination. The training will include examples ofunlawful conduct. This part ofthe training may be conducted by videotape or web-based training

provided by an independent third-party approved by EEOC. The training also will cover Defendant's antidiscrimination Policy and Procedure with
particular emphasis on the intemal complaint, investigation and remediation process and an employee's right to file with EEOC and state or local agencies. The training for new Sl.lpervisory and management employees also will cover the requirements ofthis Decree.

D. Training for Michael Kaufman and Richard Kaufman Within ninety (90) days after Defendant or any successor or purcbaser of Defendant resumes operation of any aspect of its business and employs anyone other than Michael Kaufman or Richard Kaufman, Defendant will provide a three (3) hour, one-on-one training through an irtdependent third-party for Michael Kaufman and Richard Kaufinan,.which will, at a minimum,

cover the topics of discrimination and harassment.

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E. Reporting Requirements for Training All employees attending any training session described in the above paragraphs must
print and sign their full names on an attendance sheet. Within ten (10) days of the completion of any trainings described m the precedmg paxagraph, Defendant will provide the Legal Unit of the
EEOC, New York District Office, 33 Whitehall Street, 5th Floor, New York, New York !0004 (attention: Margaret A. Malloy), with copies of all attendance sheets. On a semi-annual basis beginning six months after the effective date ofthe Decree, Defendant will provide the Legal Unit ofthe EEOC, New York District Office, with atteodance sheet:; pertammg to trainings given to new employees and a list of the employees, if any, who did not attend training as requited. Section 204 Designation of an Equal Employment Opportunity Officer
A. Within sixty (60} days after Defendant or any succeasor or purchaser of Defendant resumes operation ofany aspect ofits business and employs anyone other than Michsel Kaufinan or Richard K.aufinan, Defeodant will designate a qualified and experienced employee or other individual other than Michael Kaufman or Richard Kaufman to serve as its Equal Employment Opportunity Officer (hereinafter "EEO Officer"}. The EEO Officer's duties will include, but will not be limited to, general responsibility for enSuring enforcement, inlplementation, and distribution ofthe Policy and Procedme, and for receiving and investigating complaints ofdiscrimination.
B. Within sixty (60) days after Defendant or any successor or purchaser of Defendant resumes operation ofany aspect of its business and employs bnyone other than Michael K.anfinan or Richard Kaufman an independent third-party, who must first be approved by EEOC, shall provide a five (5) hour, one.on-one training program for the designated EEO Officer. At least thirty (30) days before the: training occurs, Defendant must provide EEOC with
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the name and qualifications ofits proposed trainer for EEOC's review and approval. The training for the EEO Officer must cover the rights of employees under federal and state antidiscrimination laws and how such laws define unlawful discrimination, with a focus on sexual harassment and sex discrimination. The training must also include examples of unlawful conduct. The training also must cover Defendant's antidiscrimination policies and procedures with particular emphasis on the internal complaint, investigation and remediation process, and an eroployee's right to file with EEOC and state or local agencies. Finally, the training fur the EEO Officer must also cover the requirements of this Decree.
C. Defendant will cooperate fully with the EEO Officer in the perfonnance of his/her duties and will require its employees to cooperate with all investigations into discrimination conducted by the EEO Officer. Defendant's cooperation with the EEO Offi~ will include but is not linlited to: prQviding the EEO Officer with access tQ any and all persons, documents and support necessary to perfurm his/her functions. Section 205 Monitoring and Reporting
A. Monitoring by EEOC To monitor Defendant's compliance with this Decree, EEOC may, during the duration of this Decree, inspect or require production ofrelcvmt records and interview employees at reasonable times upon reasonable advance notice. Defendant shall make available for inspection and copying any records reasonably related to the Decree, upon reasonable advance notice by EEOC. B. Reporting Requirements for ])iscrimination Complaints Every six (6) months beginning six (6) months after the effective date of the: Decree, Defendant will provide a written report to the Legal Unit ofthe EEOC, New York District
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Office, with infonnation regarding any verbal or written complaints of discrimination from employees or applicants that were received durirtg the preceding six months, including steps taken by Defendant during the investigation, the results of any investigation of the complaint, and any remedial action taken by Defendant. The rep<lrt must include all open complaints and all complaints closed or resolved within the prcced:ing six months. Section 206 CoJDpliance with Record-keeping Requirements

A. Record Retention Defendant agrees to maintain such records as are necessary to demonstrate its compliance
with the Decree and 29 C.P.R. §1602 et seq. and to vetiry that the reports submitted pursuant to

the De!::rce are accurate. PART Ill
Seetlon 301 MONETARY RELIEF FOR CHARGING PARTY AND CLAIMANTS

A. Monetary Fayments

1.

Within ten (1 0) business days of the date of entry of this Decree,

Defendant will pay (or cause to be paid) a total of three hWl.dred seventy-five thousand

($375,000) representing all damages recovernble in connection with the claiiDS asserted in the
action. Such amount shall be payable to Charging Party and Claimants in the amounts listed on

Exhibit D, made without tax withholdings, as damages for emotional pain and suffering, and

delivered by certified mail to the Charging Party and Claimants listed in Exhlbit D, which shall

he filed under seal, to addresses to be sopplied by EEOC to Defendant.

2.

A copy ofeach check will be forwarded to the Legal Unit ofthe EEOC,

New York District Office, 33 Whitehall Street, 5th Floor, New York, New York 10004

(attention: Margaret A. M2llloy) immediately upon issuance of the check.

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3. If any check issued by Defendant is rerumcd to Defendant as
undeliverable, Defendant will notifY EEOC within ten (I 0) days of receipt of any returned check.
EEOC will have one hundred sixty (160) days from the date of entry of this Decree to locate Claimants whose checks have been returned as undeliverable. If EEOC, within such one hnndred sixty (160) day period, provides Defendant with a new address for any Claimant whose check was retumed. as undeliverable, Defendant will issue and mail another check to such Claimant at such address, within ten (10) days of receipt ofthe new address, with a copy immediately fonvarded to EEOC. IfEEOC is unable to locate any Claimant(s) , any remaining amount of the total damages to be paid pursuant to this Section 301 will be distnbuted pro rata to the located Claimants. EEOC will provide Defendant with a list of the located Claimants and the amount of the pro rata share to be paid to each of the located Claimants, and Defendant will issue and mail a check to each such located Claimant within ten (10) days of receipt of the list from EEOC. Claimont(s) who could not be located by EEOC will not be entitled to damages under this Decree.
Defendant will notify EEOC if any Claimant's check remains uncashed after ninety (90) days. If EEOC, within thirty (30) days after receiving such notice, provides Defendant with evidence that any such uncashed check bas been lost or destroyed, Defendant will issue and mail another check to so.ch Claimant within ten (I 0) days of receipt of evidence of its loss or destruction, with a copy immc:diately forwarded to EEOC.
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SIGNATURES Each signatory to this Decree represents that each is fully authorized to execute this
Decree and to bind the parties on whose behalf each signs.
APPROVED IN FORM AND CONTENT: By Plaintiff EEOC:

For Defendant American Industrial Sales
Corp. d/b/a RAK Industries

Regional Attorney EQUAL EMPLOYMENT OPPORTUNITY COMMISSION New York District Office
33 Whitehall Street, sth Floor
New York, New York, 10004
o enP.Heary Hiscock & Barclay, LLP 1100 M&T Center
3 Fountain Plaza
Buffalo, NY 14203-1414 rheary@hiscockbarclay.com Tel: (716) 566-1570 Fax: (716) 846-1202

SO ORDERED this /:;v--day of

2008

Uni~~*';:e.-.:.&

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U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION New York District Office
33 Whitehall Street, sm Floor New York, NY 10004-2112 Phone: 800.699.4000 'f"fY: 800.669.6820
NOTICE TO ALL EMPLOYEES OF AMERICAN INDUSTRIAL SALES CORP. D/B/A RAK INDUSTRIES
1bis Notice has been posted pursuant to a Consent Decree entered in resolution of a lawsuit brought by the U.S. Equal Employment Opportunity Commission (""EEOC") against American Industrial Sales Corp. dlb/a RAK lndustrie. ("'American Industrial Sales") in federal court in the Western District ofNew York.
Federal law prohibits discrimination and/or harassment based on an employee's sex, race, color,
national origin, religion, age, or disability status. Federal law also prohibits retaliation against
any employee who files a charge of discrimination, who opposes unlawful activity, or who cooperates in the investigation of a charge or otherwise exercises her or his rights under the law.
The terms of the Consent Decree require that American Industrial Sales:
1. Provide monetary relief to claimants in the lawsui~
2. Not engage in any unlawful employment discrimination or retaliation against any person who exercises his or her rights under federal antidiscrimination laws;
3. Provide training on federal laws prohibiting employment discrimination to all current and futun: employees;
4. Maintain and distribute written policies and procedures prohibiting discrimination and enabling employees to file discrimination complaints;
5. Appoint an EEO Officer to investigate and resolve all reports of discrimination;
6. Permit EEOC to monitor compliance with the Consent Decree;
7. Provide periodic reports to EEOC regarding discrimination complaints made by employees;
g_ Post and distribute this Notice to all employees;

l.la~-OS-Oa C03a:3s8pem6:06Fr-ocrrv- -06426-MAT-JWF Document 30 Filed 05/13/08 PT-a73g7e 1P6.OIoT/f02119 F-112

Should you have a complaint of discrimination or harassment you may contact:

U.S. Equal Employment Opportunity Commission

33 Whitehall Street

New York, New York 10004

Phone:

800.699.4000

TTY (for hearing impaired) 800.699.6820

Website: http://www.eeoc.gov

Dated:_ _ _ _ _., 2008

THIS IS AN OFFICIAL NOTICE AND MUST NOT BE ALTERED OR DEFACED BY ANYONE OR COVERED BY ANY OTHER MATERIAL
This Notice must remain posted for 3 years from the date shown above and must not be altered,
defaced. or covered by any other material. Any questions concerning this Notice or compliance with its provisions may be directed to the U.S. Equal Employment Opportunity Commission at the nmnbers listed above.

EXHIBIT A

Case 6:06-cv-06426-MAT-JWF Document 30 Filed 05/13/08 P1·a13g1e 1P701o8f/01219 F-112

EXHIBITB [AMERiCAN INDUSTRIAL SALES LETTERHEAD]

TO: FROM:
RE:

All Employees Michael Kaufman Equal Employment Opportunity/Non-Harassment

It is the policy of American Industrial Sales Corp. d/b/a RAK Industries to provide equal employment opportunities to all employees without regard to race, color, gender, age, marital status, sexual orientation, disability, religion, citizenship, national origin, veteran status or any other legally-protected status. American Industrial Sales is committed to fully comply with applicable antidiscrimination laws, including Title VII of the Civil Rights Act of 1964, the Age
Discrimination in Employment Act, the Equal Pay Act, and the Americans With Disabilities Act.

All members of management have the responsibility for recruiting, hiring, and treating

employees in accordance with American Industrial Sales equal employment opportunity and

non-harassment policies, copies of which are attached. Complaints of discrimination or

harassment should immediately be brought to the attention of

the

company's designated EEO Officer. In addition, complaints of discrimination or harassment

may be reported to the United States Equal Employment Opportunity Commission ("EEOC").

Additional information about the EEOC is included in the notice to all employees which is

attached to this memo.

Michael Kauftnan ChiefExecutive Officer & President

t.laywQ6w08 Coaa:sa&epm6:06F-rocmv·-06426-MAT-JWF Document 30 Filed 05/13/08 PTa-7g37e 1P801o9/f01219 F-112
.
EXHIBITC
EQUAL EMPLOYMENT OPPORTUNITY
American Industrial Sales is committed to a policy of equal employment opportunity with respect to all employees and applicants for employment. This policy prohibits discrimination on all legally-protected bases, including, but not limited to .sex, race, color, age, marital status, sexual orientation, disability, religion, citizenship, national origin, veteran status or any other legally protected status.
This policy will be observed in the recruitment, hiring and on-the-job treatment of individuals. Decisions regarding tenns and conditions of employment, including wage and salary administration, benefit plans, promotions, transfers, demotions, and terminations, will be made in accordance with this policy.
NON-HARASSMENT
It is the policy of American Industrial Sales to promote a productive work environment and not to tolerate verbal or physical conduct by any employee that harasses, disrupts, or interferes with another's work performance or that creates an intimidating, offensive or hostile environment.
All employees arc expected to maintain a productive work environment that is free from harassing, disruptive activity and unlawful discrimination. No form of harassment will be tolerated including harassment for the following reasons: sex, race, color, age, national origin, religion, disability, sexual orientation or any other legally protected staru.s.
Officers, supervisors and managers have a responsibility to keep the workplace free of any tOnn of harassment and, in particular, sexual harassment. No officer, supervisor or manager is to threaten or insinuate, either explicitly or implicitly, thal an employee's refusal or willingness to submit to sexual advances will affect the employee's terms or conditions of employment.
Sexually harassing or offensive conduct in the workplace. whether committed by an officer, supervisor, manager, oon-supervisory employee, or non-employee is prohibited. This conduct includes, but ii not limited to:
Unwanted physical contact or conduct of any kind, including sexual flirtations) touching, advances or propositions;
Verbal harassment of a ,sellC;ual nature, such as lewd comments, sexual jokes or references;
Demeaning, insulting, intimidating, or sexually suggestive comments about an individual'$ personal appearunce;

lday-06-08 C03a:3s7epm6:06Fr-ocmv--06426-MAT-JWF Document 30 Filed 05/13/08 PT-a73g7e 1P9.02o0f/02119 F-112
The display in the workplace of demeaning, insulting, intimidating, or sexually suggestive objects, pictures or photographs; Demeanin~ insulting, intimidating or sexually suggestive written, recorded, or
electronically transmitted messages.
Any of the above conduct, or other offensive conduct, directed at individuals because of their race, color, age, national origin, religion, disability, sexual orientation, or other legally protected status is also prohibited.
Conduct prohibited by this policy is unacceptable in the workplace and in any workrelated setting outside the workplace, such as on business trips, in business meetings, and at
business-related social events.
All employees should unckrstand that submission to, or acceptance of, any form of harassment is not a term or condition of employment. No employee is required to submit to, or accept, any fonn of harassment in order to maintain their position, promotional opporrunities,
benefits, or to meet any other condition of employment.
Officers, managers and supervisors are responsible for setting the appropriate tone in the workplace, providing direction on implementation of this policy, and fully complying with this policy. All employees, and in particular, officers, managers and supervisors, are responsible for conducting themselves in a manner that does not violate this policy and shall immediately report known. suspected, or potential violations of this policy. Failure to immediately report discrimination or harassment in violation of this -policy can result in discipline.
If you believe you have been discriminated against or harassed, or if you are a wimess to discrimination or harassment, you should report it immediately to any supervisor or manager or to the compEIIly's designated EEO Officer, regardless of whether the person who engaged in the discrimination or harassment is a co~worker, supervisor, customer, vendor or other nonemployee. All complaints and/or reports will be promptly and thoroughly investigated in as impartial and confidential manner as possible. A timely resolution of each complaint will be reached and commonicatcd to the parties. lf a complaint of discrimination and/or harassment is found to be valid, immediate and appropriate corrective action will be taken, which may include discipline up to and including terntination from employment.
-2-

 
 Case: 6:06-cv-6426 As of: 05/22/2018 11:49 AM EDT 1 of 4
CLOSED,CASREF,CLOSED_2008,JWF,MEDIATION
U.S. DISTRICT COURT U.S. District Court, Western District of New York (Rochester)
CIVIL DOCKET FOR CASE #: 6:06−cv−06426−MAT−JWF

Equal Employment Opportunity Commission v. American Industrial Sales Corp. Assigned to: Hon. Michael A. Telesca Referred to: Hon. Jonathan W. Feldman Cause: 42:2000e Job Discrimination (Employment)
Plaintiff

Date Filed: 08/23/2006 Date Terminated: 05/13/2008 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

Equal Employment Opportunity Commission

represented by Margaret Ann Malloy U.S. Equal Employment Opportunity Commission New York District Office 33 Whitehall Street 5th Floor New York, NY 10004−2112 212−336−3690 Fax: 212−336−3636 Email: margaret.malloy@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

R Liliana Palacios Equal Employment Opportunity Commission J.F.K. Federal Building Room 475 Boston, MA 02203−0506 617−565−3188 Fax: 617−565−3196 Email: rosa.baldwin@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Elizabeth Grossman U.S. Equal Employment Opportunity Commission New York District Office 33 Whitehall Street 5th Floor New York, NY 10004−2112 (212) 336−3696 Fax: (212) 336−3623 Email: elizabeth.grossman@eeoc.gov TERMINATED: 06/03/2015

V.
Defendant
American Industrial Sales Corp. d/b/a RAK Industries, Inc.

represented by Laurence B. Oppenheimer Hiscock & Barclay LLP 1100 M&T Center Three Fountain Plaza Buffalo, NY 14203−1486 716−566−1575 Fax: 716−846−1207 Email: loppenheimer@hiscockbarclay.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

Case: 6:06-cv-6426 As of: 05/22/2018 11:49 AM EDT 2 of 4

Robert P. Heary Hiscock & Barclay LLP 1100 M&T Center Three Fountain Plaza Buffalo, NY 14203−1486 716−566−1570 Fax: 716−846−1202 Email: rheary@barclaydamon.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Christopher J. Harrigan Hiscock & Barclay, LLP One Park Place 300 South State Street Syracuse, NY 13202 315−425−2772 Fax: 315−425−8540 Email: charrigan@hblaw.com ATTORNEY TO BE NOTICED

Date Filed 08/23/2006 08/23/2006 10/02/2006
10/25/2006 10/25/2006 10/26/2006 10/27/2006
11/14/2006 11/29/2006 12/01/2006
01/16/2007
01/16/2007
06/29/2007

# Docket Text
1 COMPLAINT against American Industrial Sales Corp., filed by Equal Employment Opportunity Commission.(JHF) (Entered: 08/23/2006)
Summons Issued as to American Industrial Sales Corp.(JHF) (Entered: 08/23/2006)
2 WAIVER OF SERVICE Returned Executed by Equal Employment Opportunity Commission. American Industrial Sales Corp. waiver sent on 8/28/2006, answer due 10/27/2006. (Palacios, R) (Entered: 10/02/2006)
3 ANSWER to Complaint by American Industrial Sales Corp..(Heary, Robert) (Entered: 10/25/2006)
4 CERTIFICATE OF SERVICE by American Industrial Sales Corp. re 3 Answer to Complaint (Heary, Robert) (Entered: 10/25/2006)
5 ORDER REFERRING CASE to Magistrate Judge Jonathan W. Feldman. Signed by Hon. Michael A. Telesca on October 26, 2006. (MS, ) (Entered: 10/26/2006)
6 ORDER Scheduling Conference set for 11/29/2006 at 10:30 AM before Hon. Jonathan W. Feldman. Signed by Hon. Jonathan W. Feldman on 10/27/2006. (RO) (Entered: 10/27/2006)
7 REPORT of Rule 26(f) Planning Meeting. (Heary, Robert) (Entered: 11/14/2006)
9 Minute Entry for proceedings held before Judge Jonathan W. Feldman : Scheduling Conference held on 11/29/2006. Order issued. (RO) (Entered: 12/06/2006)
8 ORDER: Discovery due by 12/31/2007. Join Parties/Amend Pleadings due by 7/1/2007. Motions due by 2/28/2008. Signed by Hon. Jonathan W. Feldman on 11/29/06. (JHF) Modified on 1/16/2007. (JHF) (Entered: 12/01/2006)
E−Filing Notification: re 8 ORDER, corrected deadline of Join Parties/Amend Pleadings due by to 7/1/2007. Set/Reset Deadlines: Join Parties/Amend Pleadings due by 7/1/2007. (JHF) (Entered: 01/16/2007)
10 NOTICE of Appearance by Margaret Ann Malloy on behalf of Equal Employment Opportunity Commission. Attachment: # 1 Certificate of Service.(JHF) (Entered: 01/18/2007)
11 MOTION for Extension of Time to File Amended Pleading or Add Parties by Equal Employment Opportunity Commission.Motions referred to Jonathan W. Feldman.(Malloy, Margaret) (Entered: 06/29/2007)

Case: 6:06-cv-6426 As of: 05/22/2018 11:49 AM EDT 3 of 4

07/16/2007 07/30/2007 07/31/2007 07/31/2007
07/31/2007 08/29/2007 08/29/2007 09/19/2007 09/19/2007
09/20/2007 09/27/2007
10/15/2007 10/19/2007 10/22/2007 10/23/2007

12 LETTER ORDER AMENDING SCHEDULING ORDER deadline: Join Parties/Amend Pleadings due by 7/23/2007. Signed by Hon. Jonathan W. Feldman on 7/16/2007. (RJO) (Entered: 07/16/2007)
13 NOTICE of Appearance by Christopher J. Harrigan on behalf of American Industrial Sales Corp. (Harrigan, Christopher) (Entered: 07/30/2007)
14 MOTION to Compel Discovery Responses Relating to Employee Identities by Equal Employment Opportunity Commission.(Malloy, Margaret) (Entered: 07/31/2007)
15 AFFIDAVIT in Support re 14 MOTION to Compel Discovery Responses Relating to Employee Identities filed by Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit Plaintiff's First Set of Interrogatories# 2 Exhibit Plaintiff's First Set of Document Requests# 3 Exhibit Defendant's Response to Plaintiff's First Set of Interrogatories# 4 Exhibit Defendant's Response to Plaintiff's First Set of Document Requests# 5 Exhibit Letter dated June 12, 2007 from Defendant to Plaintiff# 6 Exhibit Memo Endorsed letter re extension of time to add parties# 7 Exhibit Letter dated July 13, 2007 from Plaintiff to Defendant# 8 Exhibit Letter dated July 18, 2007 from Defendant to Plaintiff)(Malloy, Margaret) (Entered: 07/31/2007)
16 MEMORANDUM in Support re 14 MOTION to Compel Discovery Responses Relating to Employee Identities filed by Equal Employment Opportunity Commission. (Malloy, Margaret) (Entered: 07/31/2007)
NOTICE of Hearing on Motion 14 MOTION to Compel Discovery Responses Relating to Employee Identities : Responses due by 9/19/2007 Motion Hearing (oral argument) set for 10/5/2007 10:00 AM in Courtroom 3 before Hon. Jonathan W. Feldman. (LMD) (Entered: 08/29/2007)
E−Filing Notification: 11 MOTION for Extension of Time to File Amended Pleading or Add Parties PLEASE NOTE: Letters are not e−filed. In the future letter requests such as this should be mailed or faxed to the Court. (LMD) (Entered: 08/29/2007)
17 MEMORANDUM in Opposition re 14 MOTION to Compel Discovery Responses Relating to Employee Identities filed by American Industrial Sales Corp.. (Heary, Robert) (Entered: 09/19/2007)
18 AFFIDAVIT of Robert P. Heary in Opposition re 14 MOTION to Compel Discovery Responses Relating to Employee Identities filed by American Industrial Sales Corp.. (Attachments: # 1 Exhibit Ashlea Crawford Discrimination Charge# 2 Exhibit EEOC Initial Disclosures# 3 Exhibit EEOC Supplemental Disclosures# 4 Exhibit July 26, 2007 Correspondence)(Heary, Robert) (Entered: 09/19/2007)
19 CERTIFICATE OF SERVICE by American Industrial Sales Corp. re 18 Affidavit in Opposition to Motion, 17 Memorandum in Opposition to Motion (Heary, Robert) (Entered: 09/20/2007)
20 ORDER REFERRING CASE to Mediation. First Mediation Session due by 11/30/2007. Mediation To End by 11/30/2007. In the event settlement is not reached, Oral Argument re 14 motion to compel set for 12/11/2007 09:30 AM before Hon. Jonathan W. Feldman. Signed by Hon. Jonathan W. Feldman on 9/27/07. (JHF) (Entered: 09/27/2007)
21 LETTER ORDER granting extension of time. Stipulation of Selection of Mediator due by 10/19/2007. Signed by Hon. Jonathan W. Feldman on 10/15/2007. (RJO) (Entered: 10/15/2007)
22 Stipulation−Selection of Mediator by American Industrial Sales Corp.(Heary, Robert) (Entered: 10/19/2007)
23 LETTER ORDER granting the parties joint request to modify the 11/29/06 scheduling order to extend all unexpired deadlines for 3 months. Signed by Hon. Jonathan W. Feldman on 10/22/2007. (LMD) (Entered: 10/23/2007)
24 ORDER Fact Discovery due by 3/31/2008, Plaintiff's shall identify expert witnesses by 1/31/2008, Defendants shall identify expert witnesses by 2/29/2008, All discovery relating to experts shall be completed by 3/31/2008, and Dispositive Motions due by 5/28/2008. Signed by Hon. Jonathan W. Feldman on 10/23/2007. (LMD) (Entered: 10/23/2007)

Case: 6:06-cv-6426 As of: 05/22/2018 11:49 AM EDT 4 of 4

11/27/2007 11/30/2007
12/26/2007 01/18/2008
03/17/2008 05/13/2008 05/13/2008

25 Mediation Certification by Richard Rosenbloom(JMS) (Entered: 11/27/2007)
26 LETTER ORDER granting request for a three week extension. Counsel to contact the Court upon completion of mediation. Oral Argument set for 1/22/2008 02:30 PM before Hon. Jonathan W. Feldman. Signed by Hon. Jonathan W. Feldman on 11/30/2007. (RJO) (Entered: 12/03/2007)
27 LETTER ORDER granting mediation extension to 1/18/2008. Signed by Hon. Jonathan W. Feldman on 12/26/2007. (RJO) (Entered: 12/26/2007)
28 LETTER ORDER granting mediation extension to 2/1/2008 and withdrawing without prejudice 14 MOTION to Compel. Signed by Hon. Jonathan W. Feldman on 1/18/08. (JHF) (Entered: 01/18/2008)
29 LETTER ORDER granting mediation extension to 4/15/2008. Signed by Hon. Jonathan W. Feldman on 3/17/2008. (RJO) (Entered: 03/17/2008)
30 CONSENT DECREE AND ORDER. Exhibit D filed under seal. Signed by Hon. Michael A. Telesca on 5/12/08. (JHF) (Entered: 05/13/2008)
31 Sealed Document. (JHF) (Entered: 05/13/2008)