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• FILEDt JUI_ 12. 2005 N~,

IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF ILLINIOS MICHAEL W. DOBBINS

EASTERN DIVISION

CLI"K, U.• , 018T"'I:IT OQURT

EQUAL EMPLOYMENT OPPORTUNITY

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COMMISSION,

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Plaintiff,

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v.

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HOWARD PONTIAC, INC.,

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Defendant.

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NATURE OF THE ACTION

JUDGE MAROVICH
COMPLAINT
JURY TRIAL DEMAND
MAGISTRATE JUDGE ~QbYi
"''"''''.'

This is an action under Title VII ofthe Civil Rights Act of 1964, as amended, 42 U.S.C. §

2000c at seq. ('Title VII"), and Title I of the Civil Rights Act of 1991, 42 U.S.c. § 1981 a, to

correct unlawful employment practices on the basis ofretaliation, and to provide appropriate relief to James A. Wilson (hereinafter "Wilson") who was adversely affected by such practices.

As alleged in paragraph seven (7) below, Defendant Howard Pontiac, Inc. (hereinafter "Howard

Pontiac" or "Defendant") retaliated against Wilson for complaining about sex discrimination to

management at Howard Pontiac and for filing a charge of discrimination under Title VII with the United States Equal Employment Opportunity Commission (hereinaller "EEOC" or the ;'Commission").

JURISDICTION AND VENUE I. 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)(I) and (3) of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e-5(t)(I) and (3), and

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

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2. The employment practices alleged to be unlawful were and are now being committed within the jurisdiction of the United States District Court for the Northern District of Illinois. Eastern Division.
PARTIES 3. Plaintifl: the Equal Employment Opportunity 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 Sections 706(1)(1) and (3) of Title
VII, 42 U.S.c. §§ 2000e-5(f)(1) and (3).
4. At all relevant times, Defendant Howard Pontiac has continuously been and is now doing business in the State of Illinois and tile City of Elmhurst, and has continuously had at least fifteen (15) employees.
5. At all relevant times, Defendant Howard Pontiac has continuously been an employer engaged in an industry aflecting commerce within the meaning of Sections 701(b), (g) and (h) ofTitle Vll, 42 U.S.c. § 2000e(b), (g) and (h).
STATEMENT OF CLAIMS 6. More than thirty days prior to the institution ofthis lawsuit, Wilson filed two charges with the Commission alleging violations of Title VII by Defendant Howard Pontiac. All conditions precedent to the institution of this lawsuit have been fulfilled. 7. Since June 2002, Defendant has cngaged in unlawful employment practices at its dealership in Elmhurst, Illinois, in violation of Section 704(a) of Titlc VIi, 42 U.S.c. § 2000e3(a). Such unlawful employment practices include, but are not limited to: retaliating against Wilson by terminating him for complaining to the management at Howard Pontiac about being subjected to sexual harassment by a co-worker, and providing a negative reference to a

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prospective employer of Wilson (The Arlinb>ton Automotive Group, Inc.) on the basis that Wilson filed a charge of discrimination under Title VII with the Commission.
8. The effect of the practices complained of in paragraph 7 above has been to deprive Wilson of equal employment opportunities and otbcrwise adversely affect his status as an employee, because of his participation in conduct protected by Title VII.
9. The unlawful employment practices complained of in paragraph seven (7) were intentional.
10. The unlawful employment practices complained of in paragraph seven (7) above were done with malice or with reckless indifference to Wilson's federally protected rights.
PRAYER FOR RELIEF WHEREFORE, the Commission respectfully requests that this Court: A. Grant a permancnt injunction enjoining Defcndant Howard Pontiac, its officers, successors, assigns, and all persons in active concert or participation with it, from engaging in any employment practice which retaliates against employees for their participation in conduct protected by Title VII; R Order Defendant Howard Pontiac to institute and carry out policies, practices, and programs which provide cqual employment opportunities for employees who participate in conduct protected by Title VII, and which eradicate the effects of its past and present unlawful employment practices; C. Order Defendant Howard Pontiac to makc whole Wilson by providing appropriate back pay with pre-judgment interest, in amounts to be determined at trial, and other all1rmative relicf necessary to eradicate the effects of its unlawful employment practices;
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D. Order Defendant Howard Pontiac to make whole Wilson by providing compensation for past and future pecuniary losses resulting from the unlawful employment practices described complained of in paragraph 7 above, in amounts to be determined at trial;
E. Order Defendant Howard Pontiac to make whole Wilson by providing compensation for past and future non-pecuniary losses resulting from thc unlawful practices complained of in paragraph 7 above, including, but not limited to, emotional pain, suffering, inconvenience, loss of enjoyment of life and humiliation, in amOlmts to be dctermined at trial;
F. Order Defendant Howard Pontiac to pay Wilson punitive damages for its malicious and/or reckless conduct described above, in amonnts to be determined at trial;
G. Grant such further relief as thc Court dcems necessary and proper in the public interest; and
II. 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.
Respectfully submitted,
ERIC S. DREIBAND General Connsel JAMES LEE Deputy General Counsel GWENDOLYN YOUNG REAMS Associate General Counsel EQUAL EMPLOYMENT OPPORTUNITY
COMMISSION 1801 "L" Street, N.W. Washington, D.C. 20507
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Diane 1. Smason Supervisory Trial Attorney
AarO'i1 R. DeCamp
Trial Attorney EQUAL EMPLOYMENT OPPORTUNITY
COMMISSION 500 West Madison Street Suite 2800 Chicago, Il1inois 60661 (312) 353-7582

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 IN THE UNITED STATES DISTRICT COURT
r - FOR THE NORTHERN DISTRICT OF ILLINOIS
r I EASTERN DIVISION

OtrJ~ EQUAL EMPLOYMENT OPPORTUNITY

)

f

D

COMMISSION, Plaintiff,
v.

) ) ) )

JlJDStOC, / 2005

StOtiSt

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M.

MAcl>oo~

rlOVIC,u

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Case No. 05C 4006

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HOWARD PONTIAC, INC.,

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Judge Marovich

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Magistrate Judge Nolan

Defendant.

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CONSENT DECREE THE LITIGATION
I. Plaintiff Equal Employment Opportunity Commission ("EEOC") filed this action alleging that Defendant Howard Pontiac, Inc. ("Howard Pontiac") violated Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e et seq. ("Title VII"), and Title I of the Civil Rights Act of 1991, 42 U.S.C. § 1981a, by retaliating against James Wilson ("Wilson" or "Charging Party") for complaining about sex discrimination to management at Howard Pontiac and for filing a charge of discrimination under Title VII with the EEOC.
2. In the interest of resolving this matter, and as a result of having engaged in comprehensive settlement negotiations, the parties have agreed that this action should be finally resolved by entry of this Consent Decree (hereafter "Decree").
3. This Decree fully and finally resolves any and all issues and claims arising out of the Complaint filed by EEOC. This Decree has been entered before Howard Pontiac answered

the Complaint. Had Howard Pontiac answered the Complaint, it would have denied the allegations. Nothing in this Decree shall be deemed to constitute an admission by either party with respect to the claims or defenses of the other.
FINDINGS 4. Having carefully examined the terms and provisions of this Decree, and based on the pleadings, record, and stipulations of the parties, the Court finds the following:
a. This Court has jurisdiction of the subject matter of this action and of the parties.
b. The terms of this Decree are adequate, fair, reasonable, equitable, and just. The rights of EEOC, Howard Pontiac, the Charging Party and the public interest are adequately protected by this Decree.
c. This Decree conforms with the Federal Rules of Civil Procedure, Title VII, and is not in derogation of the rights or privileges of any person. The entry of this Decree will further the objectives of Title VII and will be in the best interests ofthe parties, the Charging Party, and the public.
NOW, THEREFORE, IT IS ORDERED, ADJUDGED AND DECREED THAT: NON-RETALIATION
5. Howard Pontiac, its officers, agents, employees, successors, assigns and all persons acting in concert with it shall not engage in any form of retaliation against any person because such person has opposed any practice made unlawful under Title VII, filed a Charge of Discrimination under Title VII, testified or participated in any manner in any investigation, proceeding, or hearing under Title VII, or asserted any rights under this Decree.
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MONETARY RELIEF 6. Howard Pontiac shall pay $32,500 to the Charging Party, Mr. James Wilson, as set out in ~ 7. 7. Within five (5) business days after entry of this Decree, EEOC will mail to the Charging Party a copy of the Release Agreement attached as Exhibit A. Within five (5) business days after receipt by EEOC of a signed Release Agreement, EEOC shall mail the Release Agreement to Howard Pontiac. Within five (5) business days after receipt by Defendant of a signed Release Agreement, Howard Pontiac shall issue and mail by certified mail to the Charging Party a cashier's check in the amount set forth above in ~ 6. EEOC shall provide Defendant with the current address for the Charging Party. Defendant will also send a copy of the check to EEOC.
POSTING OF NOTICE 8 Within ten (10) business days after entry of this Decree, Howard Pontiac shall post copies of the Notice attached as Exhibit B to this Decree at its Elmhurst, Illinois dealership on the bulletin board usually used by Howard Pontiac for communicating with its employees and not for public viewing. The Notice shall remain posted for two (2) years from the date of entry of this Decree. Howard Pontiac shall take all reasonable steps to ensure that the posting is not altered, defaced or covered by any other material. Howard Pontiac shall certify to EEOC in writing within ten (10) business days after entry ofthe Decree that the Notice has been properly posted. Howard Pontiac shall permit a representative of EEOC to enter Howard Pontiac's premises for purposes of verifying compliance with this Paragraph at any time during normal business hours without prior notice.
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RECORD KEEPING

9.

Howard Pontiac shall maintain and make available for inspection and copying by

EEOC records (including names, social security numbers, addresses, and telephone numbers) of

each employee or applicant who complains of retaliation.

10. Howard Pontiac shall make all documents or records referred to in Paragraph 9

above available for inspection and copying within ten (10) business days after EEOC so requests.

In addition, Howard Pontiac shall require personnel within its employ whom EEOC reasonably

requests for purposes of verifying compliance with this Decree to cooperate with EEOC and to

be interviewed.

REPORTING

11. Howard Pontiac shall furnish to EEOC the following written reports semi-

annually for a period of two (2) years following entry of this Decree. The first report shall be

due six (6) months after entry ofthe Decree. The final report shall be due twenty-three (23)

months after entry of the Decree. Each such report shall contain:

(a) A summary of the information recorded by Howard Pontiac pursuant to Paragraph

9,'

(b) A certification by Howard Pontiac that the Notice required to be posted in

Paragraph 8, above, remained posted during the entire six (6) month period preceding the report.

TRAINING 12. During each of the two (2) years covered by this Decree, all of Howard Pontiac's supervisory and managerial employees shall participate in an annual training session by a trainer paid for by Howard Pontiac and approved by EEOC regarding retaliation. All current human
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resources employees at Howard Pontiac shall also participate in such training, and any new human resources employee shall receive such training prior to starting work. A registry of attendance shall be maintained. The first training shall take place within ninety (90) days of entry of this Decree.
13. Howard Pontiac shall obtain EEOC's approval of its proposed trainer prior to the training session. Howard Pontiac shall submit the name, address, telephone number, resume and training proposal of the proposed trainer, including all proposed training materials, to EEOC at least fifteen (IS) business days prior to the proposed date(s) of the training. EEOC shall have five (S) business days from the date of receipt of the information described above to accept or reject the proposed trainer. In the event EEOC does not approve Howard Pontiac's designated trainer, Howard Pontiac shall have five (S) business days to identify an alternate trainer. EEOC shall have five (S) business days from the date of receipt of the information described above to accept or reject the alternate trainer. Ifthe parties cannot through this process agree on a trainer, then they may seek the Court's assistance under '1[16.
14. Howard Pontiac shall certify to EEOC in writing within five (S) business days after the training has occurred that the training has taken place and that the required personnel have attended. Such certification shall include: (i) the date, location and duration of the training; and (ii) a copy of the registry of attendance, which shall include the name and position of each person in attendance.
IS. Howard Pontiac will also provide EEOC with any and all copies of pamphlets, brochures, outlines or other written material(s) provided to the participants of the training session(s).
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DISPUTE RESOLUTION 16. In the event that either party to this Decree believes that the other party has failed to comply with any provision(s) of the Decree, the complaining party shall notify the other party of the alleged non-compliance and shall afford the alleged non-complying party ten (10) business days to remedy the non-compliance or to satisfy the complaining party that the alleged noncomplying party has complied. If the alleged non-complying party has not remedied the alleged non-compliance or satisfied the complaining party that it has complied within ten (10) business days, the complaining party may apply to the Court for appropriate relief.
DURATION OF THE DECREE AND RETENTION OF JURISDICTION 17. All provisions of this Decree shall be in effect (and the Court will retain jurisdiction of this matter to enforce this Decree) for a period of two (2) years immediately following entry of the Decree, provided, however, that if, at the end of the two (2) year period, any disputes under ~16, above, remain unresolved, the term of the Decree shall be automatically extended (and the Court will retain jurisdiction of this matter to enforce the Decree) until such time as all such disputes have been resolved.
MISCELLANEOUS PROVISIONS 18. Each party to this Decree shall bear its own expenses, attorney's fees and costs. 19. The terms of this Decree are and shall be binding upon the present and future representatives, agents, directors, officers, assigns, and successors of Howard Pontiac. 20. When this Decree requires the submission by Howard Pontiac of reports, certifications, notices, or other materials to EEOC, they shall be mailed to: Howard Pontiac Title VII Settlement, Equal Employment Opportunity Commission, 500 West Madison Street, Suite 2800, Chicago, Illinois, 60661. When this Decree requires submission by EEOC of materials to
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Howard Pontiac, they shall be mailed to: Dawn Cassie, Bryce Downey, LLC, 200 N. LaSalle, Suite 2700 Chicago, Illinois, 60601.
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ENTERED AND APPROVED FOR:

For the EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 1801 L Street, N.W. Washington, D.C. 20507

For Howard Pontiac

JAMES LEE Deputy General Counsel

-"Steve Zazove President

GWENDOLYN YOUNG REAMS Associate General Counsel

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
500 West Madison Street Suite 2800 Chicago, Illinois 60661 (312) 353-7582

~Nc.~oo~V~m! IfJ t'="t-:.=\[S'oY\.. Jl
(fC C. HENDRICKSON
0gi,onal Attorn~1
t2 YJ) L1M£ kfl\PJYb'1\-
DIANE l. SMASON
!rviSOry Trial Attorney
EC£~ ~. s:Bc.~
AARON R. DECAMP Trial Attorney

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CERTIFICATE OF SERVICE Aaron R. DeCamp, an attorney, hereby certifies that he caused a copy of the foregoing Joint Motion for Entry of Consent Decree to be sent electronically, on this 5th day of October, 2005 to counsel of record at the following address:
To: Dawn M. Cassie BRYCE DOWNEY, LLC 200 North LaSalle Street, Suite 2700 Chicago, Illinois 6060 I (312) 377-1501
October 5, 2005

EXHIBIT A

RELEASE AGREEMENT
In consideration for $32,500 paid to me by Howard Pontiac, Inc., in connection with the resolution of EEOC v. Howard Pontiac, Inc., No. 05 C 4006 (N.D. 111.), I waive my right to recover for any claims of retaliation under Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e et seq. ("Title VII"), and Title I of the Civil Rights Act of 1991, 42 U.S.C. § 1981 a, that I had against Howard Pontiac, Inc. prior to the date of this release and that were included in the claims alleged in EEOC's complaint in EEOC v. Howard Pontiac, Inc., No. 05 C 4006, or in EEOC Charge Nos. 210-2004-03029 or 210-2003-02762 or which could have been included in the EEOC's complaint.

Date

Signature

EXHIBITB

NOTICE TO ALL HOWARD PONTIAC EMPLOYEES

This Notice is being posted pursuant to a Consent Decree entered by the federal court in EEOC v. Howard Pontiac, Inc., No. 05 C 4006, resolving a lawsuit filed by the Equal Employment Opportunity Commission ("EEOC") against Howard Pontiac.

W In its suit, EEOC alleged that Howard Pontiac discriminated against an employee by
retaliating against him for complaining about sex discrimination to management at Howard Pontiac and for filing a charge of discrimination under Title VII with EEOC.

To resolve the case, Howard Pontiac and EEOC have entered into a Consent Decree--l

which provides, among other things, that:

_

I) Howard Pontiac will make a monetary payment to the employee who was thlL alleged victim of retaliation in order to settle the above claim.

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2) Howard Pontiac will not retaliate against any person because (s)he opposed any practice made unlawful by Title VII, filed a Title VII charge of discrimination, participated in any Title VII proceeding, or asserted any rights under the Consent Decree; and

3) Howard Pontiac will train all its managers and human resource personnel regarding retaliation and its policy.

EEOC enforces the federal laws against discrimination in employment on the basis of race, color, religion, national origin, sex, age or disability. If you believe you have been discriminated against, you may contact EEOC at (312) 353-8195. EEOC charges no fees and has a TTD number.
THIS IS AN OFFICIAL NOTICE AND MUST NOT BE DEFACED BY ANYONE
This Notice must remaiu posted for two years from the date below and must not be altered, defaced or covered by any other material. Any questions about this Notice or compliance with its terms may be directed to: Howard Pontiac Settlement, EEOC, 500 West Madison Street, Suite 2800, Chicago, IL 60661.
~/ntLu~~
eorge M. Marovich States District Court

05 C 4006 JUDGE MAROVICH EEOC v Howard Pontiac, Inc Filed 10/12/05
NOTICE TO ALL HOWARD PONTIAC EMPLOYEES

 
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CLOSED, NOLAN
United States District Court Northern District of Illinois - CM/ECF LIVE, Ver 3.0 (Chicago)
CIVIL DOCKET FOR CASE #: 1:05-cv-04006

Equal Employment Opportunity Commission v. Howard Pontiac, Date Filed: 07/12/2005

Inc.

Date Terminated: 10/12/2005

Assigned to: Honorable George M. Marovich

Jury Demand: Plaintiff

Cause: 42:2000e Job Discrimination (Employment)

Nature of Suit: 442 Civil Rights: Jobs

Jurisdiction: U.S. Government Plaintiff

Plaintiff
Equal Employment Opportunity Commission

represented by Aaron R. DeCamp Equal Employment Opportunity Commission 500 W. Madison Street 2800 Chicago, IL 60661 (312)353-7582 Email: aaron.decamp@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Diane Ilene Smason United States Equal Employment Opportunity Commission 500 West Madison Street Suite 2800 Chicago, IL 60661 (312) 353-7568 Email: diane.smason@eeoc.gov ATTORNEY TO BE NOTICED

John C. Hendrickson United States Equal Employment Opportunity Commission 500 West Madison Street Suite 2800 Chicago, IL 60661 (312) 353-8551 Fax: (312) 353-8555 Email: john.hendrickson@eeoc.gov ATTORNEY TO BE NOTICED

V. Defendant

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Howard Pontiac, Inc.

Date Filed 07/12/2005 07/12/2005 07/13/2005 07/27/2005 08/10/2005
09/12/2005 09/12/2005 09/20/2005
10/05/2005 10/05/2005
10/12/2005
10/12/2005 10/12/2005

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Docket Text

2 CIVIL Cover Sheet (jmp, ) (Entered: 07/13/2005)
3 ATTORNEY Appearance for Plaintiff Equal Employment Opportunity Commission by Aaron R. DeCamp, John C. Hendrickson, Diane Ilene Smason (jmp, ) (Entered: 07/13/2005)
1 COMPLAINT filed by Equal Employment Opportunity Commission; Jury Demand.(jmp, ) (Entered: 07/13/2005)
4 WAIVER OF SERVICE returned executed Howard Pontiac, Inc. waiver sent on 7/13/2005, answer due 9/12/2005. (air, ) (Entered: 07/29/2005)
5 MINUTE entry before Judge George M. Marovich : Initial status hearing set. All parties shall refer to and comply with Judge Marovich?s requirements for the initial appearance as outlined in Judge Marovich?s case management procedures, which can be found at: www.ilnd.uscourts.gov. The parties shall deliver a copy of the initial status report to the Courtroom Deputy (Room 1744) three business days before the initial status hearing. Status hearing set for 10/19/2005 at 11:00 AM. Mailed notice (jlj, ) (Entered: 08/10/2005)
6 STIPULATED MOTION by Defendant Howard Pontiac, Inc. to extend time to answer or otherwise plead.(td, ) (Entered: 09/13/2005)
7 NOTICE of Motion by Howard Pontiac, Inc. for presentment of stipulated motion to extend time to answer or otherwise plead6 before Honorable George M. Marovich on 9/21/2005 at 10:30 AM. (td, ) (Entered: 09/13/2005)
8 MINUTE entry before Judge George M. Marovich : Motion for extension of time 6 is granted, Motions terminated: MOTION by Defendant Howard Pontiac, Inc. for extension of time. Answer due by 10/13/05. Mailed/Telephone notice (jlj, ) (Entered: 09/20/2005)
9 JOINT MOTION by Plaintiff Equal Employment Opportunity Commission for entry of consent decree (Attachments: # 1 Exhibit A# 2 Exhibit B)(DeCamp, Aaron) Modified on 10/12/2005 (mb, ). (Entered: 10/05/2005)
10 NOTICE of Motion by Aaron R. DeCamp for presentment of joint motion for entry of consent decree9 before Honorable George M. Marovich on 10/12/2005 at 10:30 AM. (DeCamp, Aaron) Modified on 10/12/2005 (mb, ). (Entered: 10/05/2005)
11 MINUTE entry before Judge George M. Marovich: Joint motion for entry of consent decree 9 is granted. Enter Consent Decree. Enter notice to all Howard Pontiac Employees. Status hearing set for 10/19/05 is stricken. Ciase terminated. Mailed (vmj, ) (Entered: 10/17/2005)
12 CONSENT Decree (vmj, ) (Entered: 10/17/2005)
13 NOTICE to all Howard Pontiac Employees(vmj, ) (Entered: 10/17/2005)

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