UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF MICHIGAN

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff,
RITE AID CORP.
Defendant.

Case No.:
’ ~OBERTH. CLELAND
COMPLAINT AND JURY DEMAND
’ MAGISTRATE 2UDGE £EPE

NATURE OF THE ACTION

This is an action under Titte 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, and to provide

appropriate relief to Charging Party, Nancy Clark, who was adversely affected by such practices.

Plaintiff, the United States Equ.’tl Employment Opportunity Commission, ("Commission" or

"EEOC") alleges that Clark, a female, was sexually harassed by a store managc~..~g/Jte.~.._. ~~id’~

Corp.

JURISDICTION AND VENUE

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1. Jurisdiction of this Court is invoked pursuant to 28 U.S.C. §§ 45:1=, 71-331, ~37,

1343, and 1345. This action is authorized and instituted pursuant to Sections 706(0(i) and (3) of

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

U.S.C. § 2000e-6(e) ("Title VII"), and Section 102 of the Civil Rights Act of 1991, 42 U.S.C. §

1981(a).

2. The employment practices alleged to be unlawful were committed within the jurisdiction of the United States District Court for the Eastern District of Michigan.
3. Plaintiff, Equal Employment Opportunity Commission, is the agency of the United States of America cl~arged witl~ the administration, interpretation and enforcement of Title VII, and is expressly authorized to bring this action by Section 706(0(i) and (3) of Title VII, 42 U.S.C. §§ 2000e-5(1")(1) and (3).
4. At all relevant times, Defendant has continuously been a corporation doing business in the State of Michigan and the City of Livonia, and has continuously had at least fifteen (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, Clark, filed a Charge of Discrimination 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 June, 2001, Defendant has engaged in unlawful employment practices at its Livonia, Michigan facility, in violation of Section 703(a), 42 U.S.C. §2000e-2(a). The unlawful employment practices include the folIowing:
a. Plaintiff’s Supervisor, created a sexually hostile work environment for Clark beginning in July of 2001, by frequently making offensive remarks having sexual overtones and physical touching.
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b. The Manager commented once to Clark when she was bent over or kneeling down to use the safe, put away stock or perform some other aspect of her job, "well, while you’re down tlaere..." indicating to her that sloe should perform oral sex on him.
c. Clark wore a pair of blue jeans to work that had a hole in the back. The manager stuck his finger in the hole and, thus, touched her buttocks. The manager would also stick his hands in the front pockets of Clark’s pants and tel1 her he was "getting a smoke."
d. The manager had a habit of inappropriately touching Clark’s shoulders and rubbing up against her and others in the facility on a frequent basis in a sexual manner.
e. The manager engaged in other conduct offensive to Clark. 8. Defendant, having knowledge of the sexual harassment, ’failed to take effective corrective action to end the harassment and prevent it from recurring. 9. Defendant was aware of Clark’s opposition to the manager unwelcome sexual conduct complained of in paragraph 7 above, because the conduct was severe and pervasive and she instructed the manager to stop. 10. As a result of the unlawful employment practices complained of, Clark suffered pecuniary compensatory damages and non-pecuniary compensatory damages in tl~e nature of emotional pain, suffering, inconvenience, mental anguish, loss of enjoyment of life, and lost wages. 11. The unlawful employment practices complained of in paragraphs 7, 8 and 9 above
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were intentional. 12. The unlawful employment practices complained of in paragraphs 7, 8 and 9 above
were done with malice or with reckless indifference to Clark’s federally protected rights. PRAYER FOR RELIEIT’
Wheretbre, 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 Defendant, from engaging in sexual harassment and any otlaer unlawful employment practices which discriminate on the basis of sex. B. Order Defendant to provide mandatory training regarding Title VII and its prol~ibition against sexual harassment to all management and non-management employees at its Livonia facility. C. Order Defendant to institute and carry out policies, practices and programs wlaich provide equal employment opportunities for women, and which eradicate the effects of its past and present unlawful employment practices. D. Order Defendant to make whole Charging Party, Nancy Clark, by providing the appropriate amount of back pay with prejudgment interest, in an amount to be proved at trial, and other affirmative relief necessary to eradicate the effects of its unlawful employment practices. E. Order Defendant to make whole Nancy Clark by providing compensation for past and future pecuniary losses resulting from the unlawful employment practices described in paragraphs 7, 8 and 9 above in amounts to be proven at trial.
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F. Order Defendant to make whole Nancy Clark by providing compensation for past and future non-pecuniary losses resulting from the unlawful practices complained of in paragraphs 7, 8 and 9 above in amounts to be proven at trial.
G. Order Defendant to pay Nancy Clarl~ punitive damages for their malicious and/or reckless conduct described in paragraphs 7, ~ and 9 above in amounts to be proven at trial.
H. Grant such further relief as the Court deems necessary and proper in the public interest.
I. Award the Commission its costs of this action. JURY q’RIAT., DEMAND
The Commission requests a jury trial on all questions of fact raised by its Complaint. Respectfully submitted,

ERIC S. DREIBAND General Counsel

Dated:

JAMES L. LEE ~/ Deputy General Counsel
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 1801 "L" Street, N.W. Washington, D.C. 20507
ADELE RAPPOR/~’~P448331 ~ Regional Attorney
ROBERT K. DAW~S (P38289)~ Supervisory Trial Attorney

TAMMY C. KLEIN (P60256) Trial Attorney DETROIT DISTRICT OFFICE Patrick V. McNamara Bldg. 477 Michigan Avenue, Room 865 ~etroit, M~chi~an 48226 l’elephone: (3_73) 226-5673
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~' MAY 25 2004 \1JJ

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UNITED STATES OISTRrCT COURT EASTERN DISTRICT OF M.ICHIGAN
SOlJTHERN DIVISION

F:QUAL I£lVIPLOYMENT OPPORTUNITY COMMISSION,

ROBERT H. CLELAND U.S. DISTRICT JUDGE
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Plaintiff,
VS.
RITE Am CORP.,
Defendant.
/
I!:L.; ., P••
By: Makolm.D. BrOWll (P-1l291) And: Scott T. Palt~rSOll (P-39552) Attorlleys for Defendallt 100 Bloomfield lIiII~ Parkway. Suite 200 Bloomfield Hills, MI 48304 .' (248) 258-1616 Fax: (248) 2511-1308

Case No: 03.734d5~~ Pi.
Hon. Rohert H. f161and -".
Mag. Judge Pepe'J :;:
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By: Tammy Klein (~¥6) Cf.1 Attorney for Plailltiff;.,:: : ',,: 477 Michigan Avellue'" N Room 865 Dett'oil, MI 48226-9704

AGRE,ED ORDER fi'OR DISMISSAL OF LAWSlJIT WITH PREJUDICl!;

3M 0 At a session of said Court held in the ~

' City of Detroit,
PRESENT

on

-RO,B

'V·H·-C2. .O.6l.. • ND'

-oIstrict Court Judge

Upon the agreement of the parties for the dismissal ofthe above Lawsuit with prejudice as

evidenced by the signatures of their attorneys below, and it appearing to the Court that the

Lawsuit should he dismissed with prejudice and without costs or attorney fees, and the Court

being fully advised in the premises;

NOW THEREFORE, IT IS HEREBY ORDERED that this Lawsuit shall be and hereby is

dismissed with prejudice and without costs or attorney tees to any party.

OOOI.'l0'2390()0'2/537791-1

EXHIBIT "A"

EQUAL EMPLOYMENT OPPORTUNITY
BVC\ C~tM SSIQN.
. . Tamm :. K ein (P60256)· 477 Michigan Avenue, Room 865 Detroit, Michigan 48226 (313) 226-5673
Dated: May,~. 2004.
000130235/0002/537791_1

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

https://ecf.mied.uscourts.gov/cgi-bin/DktRpt.pl?851228814939837-L_3...

U.S. District Court Eastern District of Michigan (Detroit) CIVIL DOCKET FOR CASE #: 2:03-cv-73405-RHC

CLOSED, SDP

EEOC v. Rite Aid Corp Assigned to: Judge Robert H Cleland Demand: $0
Plaintiff Equal Employment Opportunity Commission

Date Filed: 09/08/2003 Date Terminated: 05/26/2004 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff
represented by Adele Rapport Equal Employment Opportunity Commission 477 Michigan Avenue Room 865 Detroit, MI 48226 313-226-5670 Email: Adele.Rapport@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED
Robert K. Dawkins Equal Employment Opportunities Commission 477 Michigan Avenue Suite 865 Detroit, MI 48226 313-226-4600 Fax: 313-226-2778 Email: robert.dawkins@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED
Tammy C. Klein Equal Employment Opportunity Commission 477 Michigan Avenue Suite 865 Detroit, MI 48226 313-226-6701 Fax: 313-226-5673 Email: Tammy.Klein@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

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V. Defendant Rite Aid Corporation

represented by Malcolm D. Brown Butzel Long 41000 Woodward Avenue Bloomfield Hills, MI 48304 248-258-2508 Email: brownm@butzel.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Scott T. Patterson Butzel Long 41000 Woodward Avenue Bloomfield Hills, MI 48304 248-258-1616 Email: patterson@butzel.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed 09/08/2003 10/09/2003 10/24/2003 10/24/2003 11/14/2003 12/03/2003 12/18/2003
02/02/2004

#

Docket Text

1 COMPLAINT with jury demand (ew) (Entered: 09/10/2003)
2 ORDER by Judge Robert H. Cleland, Rule 16 and Rule 26(f) scheduling consultation [EOD Date 10/14/03] (ew) (Entered: 10/14/2003)
3 ANSWER by defendant Rite Aid Corp to complaint [1-1] with proof of service (dh) (Entered: 10/27/2003)
3 AFFIRMATIVE defenses by defendant Rite Aid Corp (dh) (Entered: 10/27/2003)
4 DISCOVERY plan jointly filed pursuant to Fed. R. Civ. P. 26(f) (ew) (Entered: 11/17/2003)
5 INITIAL WITNESS list by defendant Rite Aid Corp with proof of service (dh) (Entered: 12/04/2003)
6 PRETRIAL scheduling order by Judge Robert H. Cleland - setting deadline for amended pleadings for 3/1/04 , setting deadline for witness list for 2/2/04 , setting deadline for expert witness list for 5/17/04 , setting deadline for discovery for 5/31/04 , setting deadline for filing dispositive motions for 6/30/04 , setting deadline for final pretrial order for 9/27/04 , setting final pretrial conference for 10/4/04 , setting deadline for jury instructions for 9/27/04 , setting trailing trial docket for 9/10/04 (ew) (Entered: 12/24/2003)
7 WITNESS LIST by Equal Employment Opportunity Commission. (CGre, ) (Entered: 02/14/2004)

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02/02/2004 02/02/2004
05/26/2004

8 WITNESS LIST by Rite Aid Corporation. (CGre, ) (Entered: 02/14/2004)
9 CERTIFICATE OF SERVICE by Rite Aid Corporation re 8 Witness List. (CGre, ) (Entered: 02/14/2004)
10 STIPULATED ORDER DISMISSING CASE Signed by Honorable Robert H Cleland. (DHame, ) (Entered: 05/28/2004)

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