Case 2:05-cv-00247-DLB Document 1-1 Filed 12/30/2005 Page 1 of 5

Eastern District of Kentucky
FILED

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF KENTUCKY

DEC 3 0 2005

COVINGTON DIVISION EQUAL EMPLOYMENT OPPORTUNITY )

AT COVINGTON LESLIE G ‘NHITMER
CLERK U S DISTRICT COURT

COMMISSION,

Plaintiff,

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Defendant.

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1 JURY TRIAL DEMAND

NATURE OF THE ACTION The United States Equal Employment Opportunity Commission (the “Commission”) brings this action against KECO Industries, Inc. (“KECO”) pursuant to Title VII of the Civil Rights Act of 1964 and Title I of the Civil Rights Act of 1991 in order to correct KECO’s unlawful employment practices on the basis of sex, and pregnancy and to provide appropriate relief to Amber Hendrickson (“Hendrickson”), a female employee who was adversely affected by such practices. As alleged in paragraph seven below, the Commission alleges that KECO discriminated against Hendrickson because of her pregnancy.
JURISDICTION AND VENUE 1. Jurisdiction ofthis 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(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) (“Title VII”) and Section 102 of the Civil Rights Act of 1991,42 U.S.C. $ 1981a.

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2. The employment practices alleged to be unlawful were committed within the jurisdiction of the United States District Court for the Eastern District of Kentucky, Covington Division.
PARTIES 3. Plaintiff, 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) of Title VII, 42 U.S.C. 9 2000e-5(f)(l) and (3).
4. At all relevant times, Defendant KECO has continuously been a corporation doing business in the Commonwealth of Kentucky, City of Florence, and has continuously employed at least 15 individuals. 5. At all relevant times, KECO has 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.
69 2000e(b), (g) and (h).
STATEMENT OF CLAIMS 6. More than thirty days prior to the institution of this lawsuit, Hendrickson filed a charge with the Commission alleging violations of Title VII by KECO. All conditions precedent to the institution of this lawsuit have been fulfilled. 7. From at least July 19,2004, KECO engaged in unlawful employment practices within its
facilities in Florence, Kentucky, in violation of Section 703(a)(l) of Title VII, 42 U.S.C. 5
2000e-2(a)(1). Specifically, Hendrickson was subjected to sexual discrimination because of her pregnancy. On July 19,2004, Hendrickson was relieved of her duties and informed that she could no longer work at KECO because of her pregnancy.
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8. The effect of the practice complained of in paragraph seven above has been to deprive Hendrickson of equal employment opportunities and to otherwise adversely affect her employee status because of her sex. 9. The unlawful employment practices complained of in paragraph seven above were intentional and done with malice or reckless indifference to Hendrickson’s federally protected rights.
PRAYER FOR RELIEF WHEREFORE, the Commission respectfully requests that this Court: A. Grant a permanent injunction enjoining KECO, its officers, successors, assigns, and all persons in active concert or participation with it, from engaging in discrimination based on sex and pregnancy. B. Order KECO to institute and cany out policies, practices, and programs which provide equal employment opportunities for females and eradicate the effects of its past and present unlawful employment practices based on sex and pregnancy. C. Order KECO to make Hendrickson whole 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 its unlawful employment practices. D. Order KECO to make Hendrickson whole by providing her compensation for past and future pecuniary losses resulting from the unlawful employment practices described in paragraph seven above in amounts to be determined at trial.
E. Order KECO to make Hendrickson whole by providing her compensation for past and future non-pecuniary losses resulting from the unlawful practices complained of in paragraph
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seven above, including emotional pain, suffering, inconvenience, loss of enjoyment of life, embarrassment and humiliation, in amounts to be determined at trial. F. Order KECO to pay Hendrickson punitive damages for its malicious and reckless conduct described in paragraph seven above, in amounts to be determined at trial. G. 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, JAMES L. LEE Deputy General Counsel GWENDOLYN YOUNG REAMS Associate General Counsel EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 1801 L Street, N. W. Washington D. C. 20507
Supervisory Trial Attorney EQUAL EMPLOMENT OPPORTUNITY
COMMISSION Indianapolis District Office 101 W. Ohio St., Suite 1900
Indianapolis, IN 46204-4203
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KENNETH W. BROWN

Senior Trial Attorney

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Louisville Area Office 600 Martin Luther King, Jr. Place Suite 268 Louisville, Kentucky 40202-2285 (502) 582.5440 (Direct Dial) (502) 582.5435 (Facsimile) Email: Kenneth.Brown@eeoc.gov

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 Case 2:05-cv-00247-DLB Document 8-1 Filed 05/24/2006 Page 1 of 5

Date: ..
CLERK, U. s. DlSlRICl C()IIR’

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF KENTUCKY

2 4 2006

COVINGTON DIVISION

AT C~VINGTON
CLERK u S DGISWTRHICJJMT EcRoURT

EQUAL EMPLOYMENT OPPORTUNITY

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COMMISSION,

Plaintiff,
V.
KECO INDUSTRIES, INC.,
Defendant.

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1

CIVIL ACTION NO.

05-247-DLB

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1

CONSENT DECREE The United States Equal Employment Opportunity Commission (the “Commission”) commenced this action against KECO Industries, Inc., (“KECO”), pursuant to Title VII of the Civil Rights Act of 1964 and Title 1 of the Civil Rights Act of 1991 in order to correct KECO’s alleged unlawful employment practices on the basis of sex and pregnancy and to provide appropriate relief to Ms. Amber Hendrickson. This action was instituted and authorized by Section 706(f)(l) and (3) of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. Q 2000e-5(f)(l) and (3) (“TitleVII”) and Section 102 of the Civil Rights Act of 1991,42 U.S.C. Q 1981a. The Commission and KECO stipulate to the Court’s jurisdiction over the parties. Further, the Commission and KECO desire to resolve Civil Action No. 05-247-DLB without the burden and expense of further litigation. As a result, and based on the pleadings and the record as a whole, the Court finds that: [i] the Court hasjurisdiction over the parties and the subject matter of this action; and [ii] the purpose and provisions of Title VII of the Civil Rights Act of

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1964 and Title 1 of the Civil Rights Act of 1991 will be promoted and effectuated by the entry of this Decree, and (iii) this Consent Decree resolves all matters and claims
IT IS THEREFORE ADJUDGED, ORDERED AND DECREED as follows: 1. KECO denies any wrongdoing on the basis of any of the allegations set forth in
the underlying charge of discrimination filed with the Commission or on the basis of any of the
allegations set forth in the Commission’s Complaint. 2. KECO agrees that it and all of its officers, directors, employees, agents,
shareholders, members, representatives and any affiliated entity will not discriminate against nor harass any KECO employee on the basis of their sex or pregnancy status.
3. KECO agrees that there will be no discrimination or retaliation of any kind against any person because of opposition to any practice made unlawful under Title VII of the Civil Rights Act of 1964 and Title 1 of the Civil Rights Act of 1991, or because of the filing of a charge, the giving of testimony, assistance, or participation in any manner in an investigation, proceeding or hearing under Title VII of the Civil Rights Act of 1964 and Title 1 of the Civil Rights Act of 1991.
4. KECO shall pay the total sum of Twelve Thousand Dollars ($12,000.00) to Amber Hendrickson, 3935 Richardson Road, Independence, Ky 4105 1. KECO shall effect payment by issuing a check by certified mail in the amount specified and to Ms. Hendrickson’s address by May 30,2006. Ms. Hendrickson agrees to indemnify and hold Keco harmless from all principal, interest, penalties, fines, taxes, claims or other sums that are owed by Keco or to be assessed against Keco by the Internal Revenue Service or any other local, state or federal governmental body or agency arising out of or as a result of the foregoing payment to Ms. Hendrickson.
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5 . KECO shall mail a copy of the check and proof of its delivery (assigned certified mail recebt) to Laurie A. Young (or her successor), Regional Attorney, Equal Employment Opportunity Commission, Indianapolis District Office, 101 West Ohio St., Suite 1900, Indianapolis, Indiana 46204-4203, within thirty (30) days of mailing.
6. The term of this Decree shall be for twenty four months (24) months from the date of the execution of this Consent Decree.
7. KECO agrees to submit periodic reports to the Commission detailing its compliance with this Decree. KECO agrees to submit four (4) semi-annual reports during the term of this Decree. The first report shall be due seven (7) months after the execution of this decree, and the subsequent reports shall be mailed to the Commission no later than the final day of the month of each sixth month after the preceding report and continuing throughout the term of years covered by the Decree.
a. Each semi-annual report shall include the following information for the six (6) month period preceding the report: [i] the name, home address, and home telephone number of any KECO employee filing an internal or external complaint or grievance alleging pregnancy discrimination; and [ii] the nature of the complaint and the corrective action taken.
b. All reports shall be directed to Laurie A. Young (or her successor), Regional Attorney, at the address specified in paragraph 5.
8. Within ninety (90) days of the date of execution of this Decree, KECO shall provide a training program to all of its supervisors and managers regarding the provisions of Title VII of the Civil Rights Act as it pertains to sex and pregnancy discrimination in the work place. This training program shall include an explanation of the prohibition against retaliation for those employees reporting sex or pregnancy discrimination. Thirty (30) days before the
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training, KECO shall provide: [i] notice to the Commission of the date, time, and place of the training; [ii] shall send to the Commission a copy of the training program and all written materials, if any, to be used; and [iii] shall provide the Commission with a roster of all employees who will receive the training. The Commission may provide reasonable input on the content of the training but shall do so no later than ten (10) days prior to the training.
Upon completion of the training, KECO shall certify to the Commission the specific training that was undertaken and shall provide the Commission with a roster of all employees who received the training. All reports shall be sent to the attention of Laurie A. Young, Regional Attorney, at the address specified in paragraph 5.
9. KECO agrees that the EEOC may review compliance with this Decree. As part of such review and after making reasonable arrangements, the EEOC may: inspect KECO’s premises; interview its employees with management employee interviews conducted in the presence of an authorized company representative or KECO’s counsel; and examine and copy pertinent documents.
10. In the event that the EEOC determines that a violation of this Decree has occurred, it will, prior to exercising any remedy provided by law, provide written notice to KECO and its attorney specifically identifying the alleged violation(s). KECO will have thirty (30) days or any additional period which may be agreed to by the parties in which to investigate and respond to the allegation. Thereafter, the parties will have a period of thirty (30) days, or any such additional period as may be agreed upon by them, in which to negotiate and confer regarding such allegation before the Commission exercises any remedy provided by law.
11. KECO shall post the Notice attached hereto as Appendix A. The Notice shall be placed within a conspicuous area where it shall be visible to all employees.
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12. The Commission and KECO shall each bear its own costs and attorney fees. 13. RETENTION OF JURISDICTION BY COURT: The Court will retain jurisdiction of this cause throughout the duration of this Decree for purposes of monitoring compliance with this Decree and entry of such further orders as may be necessary or appropriate.
COPIES TO: Kenneth W. Brown Senior Trial Attorney EQUAL EMPLOYMENT OPPORTUNITY
COMMISSION Louisville Area Office, Suite 268 600 Dr. Martin Luther King Jr. Place Louisville, Kentucky 40202-2285 Tel. (502) 582-5440 Fax (502) 582-5437 Plaintiffs Counsel And Mauritia G. Kamer STITES & HARBISON, PLLC 250 West Main Street, Suite 2300 Lexington, Kentucky 40507 Telephone (859) 226-2300 Attorney for KECO Industries, Inc.
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EMPLOYEE NOTICE
Posted Pursuant to an Agreement with the U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Louisville Area Office
NOTICE OF NON-DISCRIMNATION POLICY
This Notice is being distributed and posted by agreement between KECO Industries, Inc. (“KECO”) and the United States Equal Employment Opportunity Commission (EEOC) in a case resulting from a charge alleging pregnancy discrimination.
Federal law requires that there be no discrimination nor harassment against any employee or applicant for employment because of the employee’srace, color, religion, sex, national origin, age (over 40), disability or pregnancy status.
Federal law also prohibits employers from discriminating against employees on the basis of gender in all aspects of employment, including, but not limited to, hiring, promotion, discharge, pay, job training and fringe benefits.
KECO supports and will comply with such Federal law in all respects and will not take any actions against employees because they have exercised their rights, reported m alleged violation under the law, or have given testimony, assisted or participated in any investigation, proceeding or hearing conducted by the U. S. Equal Employment Opportunity Commission.
An employee has the right, and is encouraged to exercise that right, to report allegations of employment discrimination in the workplace. An employee may contact the U. S. Equal Employment Opportunity Commission for the purpose of filing a charge of employment discrimination.
Questions concerning this notice may be addressed to: Equal Employment Opportunity Commission 101 W. Ohio St., Suite 1900 Indianapolis, Indiana 46204-4203 Telephone: (317) 226-7212 EEOC 800 # 1-800-669-4000 TDD (317) 226-4162
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U.S. District Court Eastern District of Kentucky (Covington) CIVIL DOCKET FOR CASE #: 2:05-cv-00247-DLB

CLOSED

Equal Employment Opportunity Commission v. Keco Industries, Inc. Assigned to: David L. Bunning Cause: 28:451 Employment Discrimination

Date Filed: 12/30/2005 Jury Demand: Plaintiff Nature of Suit: 790 Labor: Other Jurisdiction: U.S. Government Plaintiff

Plaintiff
Equal Employment Opportunity Commission

represented by Michelle Eisele Equal Employment Opportunity Commission - Indianapolis 101 W. Ohio Street Suite 1900 Indianapolis, IN 46204-4203 317-226-7059 Fax: 317-226-5571 Email: michelle.eisele@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

V. Defendant Keco Industries, Inc.

represented by Mauritia Gauvin Kamer Stites & Harbison PLLC - Lexington 250 W. Main Street 2300 Lexington Financial Center Lexington, KY 40507 859-226-2218 Fax: 859-425-7977 Email: mkamer@stites.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed 12/30/2005
01/13/2006

#

Docket Text

1 COMPLAINT 1 summons issued with copy, filed by Equal Employment Opportunity Commission. (Attachments: # 1 Civil Cover Sheet and Case Assignment# 2 Summons)(LSG) (Entered: 12/30/2005)

2 SUMMONS Returned Executed by Equal Employment Opportunity Commission via Certified Mail to Keco Industries, Inc. served on 1/6/2006, answer due 1/26/2006. (LSG) (Entered: 01/13/2006)

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01/26/2006 01/26/2006 05/11/2006 05/24/2006 05/24/2006 05/24/2006
06/01/2006

3 ANSWER to Complaint by Keco Industries, Inc..(Kamer, Mauritia) (Entered: 01/26/2006)
4 DISCLOSURES Corporate Disclosure Statement by Keco Industries, Inc..(Kamer, Mauritia) (Entered: 01/26/2006)
5 ORDER: Docket Call is set for 5/25/2006 09:00 AM in Covington before David L. Bunning. Signed by Judge David L. Bunning. (JMM)cc: COR (Entered: 05/11/2006)
6 ORDER; Docket call for 5/25/2006 is CANCELLED; Parties to submit an Agreed Entry of Dismissal specifying that the case is stricken and dismissed from the docket within 30 days from the date of this Order. Signed by Judge David L. Bunning. (LSG)cc: COR (Entered: 05/24/2006)
7 Proposed CONSENT DECREE by Equal Employment Opportunity Commission, Keco Industries, Inc. Submitted to chambers. (LSG) (Entered: 05/24/2006)
8 CONSENT DECREE; KECO denies any wrongdoing and will not discriminate or harass any employee; KECO to pay the total sum of $12,000.00 to Amber Hendrickson who agrees to hold KECO harmless from principal, interest, penalties, fines, taxes, claims or other sums, KECO to mail a copy of check and proof of delivery to EEOC; terms of this Decree to be for 24 months; KECO agrees to submit period reports to EEOC; within 90 days, KECO to provide a training program to all of its supervisors and managers regarding the provisions of TITLE VIII; EEOC may review complaince with this decree; If EEOC determines a violation has occurred, it will provide written notice to KECO; KECO to post the attached Notice in an area visible to all employees; EEOC and KECO each to bear its own costs and attorney fees; Court will retain jurisdiction throughout the duration of this decree. Signed by Judge David L. Bunning (Attachments: # 1 Employee Notice)(LSG)cc: COR (Entered: 05/26/2006)
9 ORDER: Upon review of the record, Court's prior order 6 to submit an agreed entry by 6/23/2006 is hereby Vacated. In light of the Consent Decree 8, the case is DISMISSED AND STRICKEN from the active docket. Should either side desire to invoke continuing jurisdiction pursuant to the Consent Decree, it shall do so via a motion to reopen. Signed by Judge David L. Bunning. (LMB)cc: COR (Entered: 06/01/2006)

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