IN THE UNITED STATES DISTRICT COURT FOR THE NORTIIERN DISTRICT OF ILLINOIS
EASTERN DIVISION

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff,

MAGISTRATE JUDGE ASHMAN
03e 1088

CIVIL ACTION NO.

NATIONAL CASTINGS, INC.~ and MERIDIAN RAIL PRODUCTS CORP.
Defendants.

OMPLAINT

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JURV T~AI, DEM~~D
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NATURE OF THE ACTION

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2"his is ,an action u].ader Title I ofth.e Americans with Disabilities Act of 1990 and Title i of

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

to provide appropriate relief to JosGe a-’lvez, who was adversely affected by such practices. The

Equal Employment Opportunity Commission ("EEOC") alleges that National Castings, inc., d/b/a

Casting Reclamation, Inc,, subjected Jose Galvez to harassment and different terms and conditions

of employment because oflfis disability, epilepsy. In or about December 2001, Defendmlt Meridim~

Rail Products Corp. (fomaerly known as TCF Railco Rail Products Corp,) purchased the assets of

National Castings, Inc. and is its successor.

JURISDICTION AND VENUE

1. Jurisdiction of this Court is invokcd pursuant, to 28 U.S.C. § § 451, 1331, 1337, q 343

and 1345. This action is authorized and i~stituted pursuant lo Section 107(a) of the Americans with

Disabilities Act of 1990 ("ADA"), 4.2 U.S.C. § 12117(a), which incorporates by reference Section

706(0(1) and (3) of Title VII of the Civil Rights Act o f 1964 ("Title VII"), 42 U,S.C. § 2000e-5(1)(1)

and (3). The employment practices alleged to be unlawlhl were committed
within the jurisdiction of the United States District Court for the Northern District of Illinois. PARTIES
3. Plaintiff EEOC is the agency of the United States of America charged with the administration, interpretation and enforcement of Title I of the ADA and is expressly authorized to bring this action by Section 107(a) ot" the ADA, 42 U.S.C. § 12117(a), which incorporates by reference Section 706(f)(1) and (3), 42 U.S.C. § 2000e-5(f)(l) and (3).
4. At all relevant times, National Castings Inc. was continuously doing business in the State of Illinois and the City of Cicero, and continuously h~ at least 15 employees,
5. At all relevant times, National Castings hac. had continuously been an employer engaged in an industry affecting commerce under Section 101 (5) of the ADA, 42 U.S.C.§ 12111 (5), and Section 101(7) of the ADA, 42 U.S.C. § 12111(7), wllich incorporates by reference Sections 701(g) and (h) of Title VII, 42 U.S.C. §§ 2000e(g) mad (h).
6. At all relevant times, National Castings Inc. was a covered entity under Section 101(2) of the ADA, 42 U,S.C. § 12111(2).
7, Since about December 2001, del~ndant Meridian Rail Prodaets Corp. (formerly known as TCF Raileo) has continuously been doiug business in the State of Illinois and the City of Cicero, and continuously has had at least 15 employees.
8. Since about December 2001, defendant Meridian Rail Products Corp. has continuously been art employer engaged in an industry affecting commerce under Section 101(5) of the ADA, 42 U.S.C.§ 12111(5), and Section 101(7) of the ADA, 42 U.S.C. § 12111(7), which incorporates by reference Sections 701 (g) a~ld (h) of Title VII, 42 U.S.C. §§ 2000e(g) and (h).

9. Since about December 200i, defendant Meridi0aa Rail Products Corp. has been a covered entity under Section t01(2) of the ADA, 42 U,S.C. § 12111(2).
STATEMENT OF CLAIMS 10. More than thirty days prior to the institution o fthis [awsuit, Jose Galvez filed a charge with the EEOC alleging violations of Title I of the ADA by Casting Reclarnation Inc. All conditions precedent to the institution of this lawsuit have been thlfilled. 11. From 1995 tkrough 2001 National Castings Inc., doing business as Casting Reclamation Inc., engaged in unl.awful employment practices at its facility in Cicero, Illinois, in violation of Section 102 of Title I of the ADA, 42 U.S.C, § 12112. These practices include: a) engaging in intentio~al discrimination against Jose Galvez by subjecting him to harassment because of his disability, epilepsy; and b) subjecting Jose Galvez to different temps and conditions o f employment, including, but not iimited to, discriminatory discipline and denial of training opportunities, because of his disability, epilepsy. 1.2. The effect of the practices complained of in paragraph 11 above has been to deprive Jose Galvez of equal employment opportunities and otherwise adversely affect his status as an employee, because of his disability, 13. The unlawful employnaent practices complained of in paragraph 11 above were intentional. 14. The unlawful employment practices complained of in paragraph 11 above were done with malice or with reckless indifference to the federally protected rights of Jose Galvez. 15. In or about December 2001, Defendant Meridian Rail Products Corp. (formerly known as TCF Raiico Rail Products Corp.) purchased the assets of National Castings, inc. Meridian

Rail Products Corp. has substantially continued the operation o fthe business that National Castings, Inc. had conducted at the Cicero, Illinois facility~ Prior to the purchase of assets Meridi~ Rail Products Corp. had notice of the charge of discrimination referred to in paragraph l 0. Meridian Rail Products Corp. is the successor of National Castings, Inc.
PRAYER FOR RELIEF_ Whereibre, the Commission respectfully requests that this Court: A. Grant a permanent injunction enjoining each Defendant, its officers, successors, assigns, and all persons in active concert or participation with them, frol~ engaging i~a harassment and discrimir~ation in the remus and conditions of employment and any other employment practice which discriminates on the basis of disability. B. Order each Defendant to institute and carry out policies, practices, and programs which provide equal ernployment opportunities Ibr qualified individuals with disabilities, and which eradicate tl~e effects of the unlawfui employment practices of National Castings, Inc. C. Order Each Defendant to make whole Jose Galvez by providing compensation for pecuniary losses resulting from the tualawful employment practices described in paragraph 11 above, in a~ounts to be determined at trial. D. Order Each Defendant to make whole Jose Galvez by providing compensation for nonpecuniary losses resulting from the urdawful practices complained of in paragraph 11 above, including emotional pain, suffering, inconvenience, loss of enjoyment of life, and humiliation, in amounts to be determined at trial. E. Order Defendant National Castings, Inc. to pay Jose Galvez punitive damages for its malicious and reckless conduct, as described in paragraph 11 above, in an amount to be determined at trial.
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Grmat such further relief as the Court deems necessary and proper in the public interest.
G. Award fl~e Commission its costs of this action. JURY TRIAL DEMAND
The Commission requests a jury trial on all questions of fact raised by its complaint.

NICHOLAS INZEO Acting Deputy General Counsel

GWENDOLYN YOUNG REAMS Associate General Counsel

Equal Employment Opportunity C, ommission

kS(~0 l f/Street, N.Wg.

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Re ional Ai :omey
"’-.@~pervisow Trial Attorney
Gordon Waldron Senior Trial Attorney Equal Employment Opportunity Commission Chicago Dis~’ict ONce 500 W. Madison St., Suite 500 Chicago, Illinois 60661 (312) 353-7525
D :\Myfile s\Casting\complaint03.wpd

In the Matter of

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF ILLINOIS

JUDGE ....

Eastern Division

U.S, Equal Employment Opportunity Commission, Plaintiff,
v. National Castings Inc., and Meridian Rail Products Corp.
Defendant.

Case Number:

~ ~ O ’ ’’It ....

1088

A PPEARAN CES ARE HEREBY FILED BY THE U NDERS IONED AS ATTORN EY(S) FOR: ~::::

U,S, Equal Employment Opportunity Commission, Plaintiff

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(A)
NAMF
Gordon G. Waldron
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E£u~I Emplo meat Oppormnit~ Commission
STREET A
50Q..W, Madison St.~ Suite 2800 ..... ~mcago, Illinois 60661
:II}I2NT[HCATIDN N&IMgEE
ARDC No 02920646

(B)

NAME
Greg_ory M, G0cha, hour .....

Equal Emp!gymen[ 0pportunit~ Commission.

500 W. .... Madison St.~ Su!te 2,,800.
CLT~/~’I’A’I’FJZ[ I.’
Chicago, Illinois 60661
TH.EHIONE NUM BEI.t.
I (,312) 886-9124 II)I’:NTlPlCATLON ~IIMBE~ (S.gg I’l"iiM 4 0]"4 REVERSI~) ARDC No 06210804

., U U,.I.

John C,
FIRM

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CoiIln31sSlOn

St., Suite 2800
CITyf~TA I t~JZIP
..C...hicago, Illinois 6066
~,TEI,EPI4ONE NUMBER

IDF.NTI¥1{:&TION NL1MNI!R (S~E 1TEM 4
A~C No 01187589
. MEMBER O~ ~L R&RY

"l’RIAL ATTORNEY’/

DE~IONA LED A~ LOCAL

SIQNA I’LIRE NAME FI~4

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~NITED STATES I)ISTRICT

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NORTHERN DISTRICT OF ILLINO[~

Civil Cover S 80 1 0 8 8

This auLomated JS-44 conforms generally to the manual JS-44 approved by the Judicial Conference of the United Statcs in September 1974. The data is required for the use of the Clerk o[" Cout~c for the purpose of illitiating the civil docket sheet. The information contained herein neither rephces nor supplements the filing and service of pleadings or other papers as required by law. This form is authorized for use ~3.[N in the Nolthem District of Illinois.

Plaintiff(s): U,S. EQUAL EMPLOYMENT Defendant(s) :NATIONAL CASTINGS, INC.,

OPPORTUNITY COMMISSION

and MERIDIAN RAIL PRODUCTS CORP.

County of Residence:

County of Residence: Cook

Plaintiff’s Arty: Gordon Waldron

Defendant’s Atty:

Equal Employment Opportunity

(.ommlsslOil

500 West Madison Street, Suite

2800 Chicago, Illinois 60661

(1312) 353-7525

II, Basis of Jurisdiction: 1. U.S. Gov’t Plaintiff

llI. Citizenship of Principal Panics (Diversity Cases Olfly)
Plainti if:- N/A Dcfendant:- N/A

IV. Ori ig~_ ’

1. Original Proceeding

V. Nature o.f Suit:

442 Employment

VI.Cause of Action:

Title I of Americans with Disabilities Act of 1990 (the "ADA"), 42 U.S.C. § 12101 et seq., and Title I of the Civil Rights Act of 1991, 42
[J.S.C. § 1981a, to correct the unlawful employment practices on the basis of disability.

VII, Requested in Complaint Class Action: No

Dollar Demand:

Jury Demand:

VIII, This case IS NOT a trilling ol’a previously dismissed case,

Signature:

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 CM/ECF LIVE, Ver 3.0 - U.S. District Court, Northern Illinois - Docket... https://ecf.ilnd.uscourts.gov/cgi-bin/DktRpt.pl?313782034831064-L_35...
ASHMAN, TERMED
United States District Court Northern District of Illinois - CM/ECF LIVE, Ver 3.0 (Chicago)
CIVIL DOCKET FOR CASE #: 1:03-cv-01088

EEOC v. Natl Castings Inc, et al Assigned to: Honorable Samuel Der-Yeghiayan Demand: $0 Cause: 42:1981 Civil Rights
Plaintiff Equal Employment Opportunity Commission

Date Filed: 02/13/2003 Date Terminated: 01/27/2004 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff
represented by Gordon G. Waldron United States Equal Employment Opportunity Commission 500 West Madison Street Suite 2800 Chicago, IL 60661 (312) 353-7525 Fax: (312)35 -8555 Email: gordon.waldron@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Gregory M. Gochanour United States Equal Employment Opportunity Commission 500 West Madison Street Suite 2800 Chicago, IL 60661 (312) 886-9124 Email: gregory.gochanour@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.

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Defendant National Castings, Inc. TERMINATED: 01/07/2004
Defendant Meridian Rail Products Corp.

represented by Steven A. Weiss Schopf & Weiss LLP One South Wacker Drive 28th Floor Chicago, IL 60606 (312) 701-9300 Email: weiss@sw.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jason M. Rosenthal Schopf & Weiss LLP One South Wacker Drive 28th Floor Chicago, IL 60606 (312) 701-9300 Email: rosenthal@sw.com ATTORNEY TO BE NOTICED

Date Filed 02/13/2003
02/26/2003 02/26/2003 03/14/2003 03/28/2003 04/14/2003 06/23/2003

#

Docket Text

1 COMPLAINT; Jury demand - Civil cover sheet - Appearance(s) of John C. Hendrickson, Gregory M. Gochanour, Gordon G. Waldron as attorney(s) for plaintiff (No summons(es) issued.) (Documents: 1-1 through 1-3) (cem) (Entered: 02/14/2003)
2 NOTICE by plaintiff of lawsuit and request for waiver of service of summons as to National Corporate Research LT. (cem) (Entered: 02/27/2003)
3 NOTICE by plaintiff of lawsuit and request fo waiver of service of summons as to John Lison, reqistered agent of National Castings, Inc. (cem) (Entered: 02/27/2003)
4 ATTORNEY APPEARANCE for defendant Meridian Rail Prod by Steven A. Weiss, Jason M. Rosenthal (eav) (Entered: 03/17/2003)
5 WAIVER of service of summons as to defendant Meridian Rail Products Corp. sent on 3/14/03. (cem) (Entered: 03/31/2003)
6 ANSWER by defendant Meridian Rail Products, Corp. and affirmative defenses to plaintiff's complaint [1-1] (Attachments). (cem) (Entered: 04/15/2003)
SCHEDULE set on 6/23/03 by Hon. Robert W. Gettleman : Status hearing set to 9:00 7/17/03 . Status report due 7/14/03 . Courtroom deputy mailed notice (gds) (Entered: 06/23/2003)

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07/14/2003 07/17/2003 08/05/2003 09/09/2003 09/29/2003 10/07/2003 10/30/2003 12/03/2003
12/30/2003 01/07/2004
01/27/2004
02/17/2004

7 INITIAL STATUS REPORT by plaintiff EEOC and defendant Meridian Rail Products Corp. (cem) (Entered: 07/15/2003)
SCHEDULE set on 7/17/03 by Hon. Robert W. Gettleman : Status hearing held and continued to 9:00 8/12/03 . Open court notice (gds) (Entered: 07/17/2003)
EXECUTIVE committee 8/5/03 This case is reassigned to the Hon. Samuel Der-Yeghiayan Mailed notice (nlf) (Entered: 08/07/2003)
SCHEDULE set on 9/9/03 by Hon. Samuel Der-Yeghiayan : Status hearing set before Judge Samuel Der-Yeghiayan in courtroom 1719 for 10/07/03 at 9:00 a.m. The parties are directed to file a joint status report as set out on the reverse side of this order. Mailed notice (mw) (Entered: 09/09/2003)
8 STATUS REPORT by parties. (cem) (Entered: 09/30/2003)
9 MINUTE ORDER of 10/7/03 by Hon. Samuel Der-Yeghiayan : Status hearing held and continued to 10/30/03 at 9:00 a.m. Counsel appear and report that the parties have been involved in good faith settlement negotiations. Mailed notice (cem) (Entered: 10/08/2003)
10 MINUTE ORDER of 10/30/03 by Hon. Samuel Der-Yeghiayan : Status hearing held and continued to 12/4/03 at 9:00 a.m. Counsel appear and report that the parties are exchanging settlement documents. Mailed notice (cem) (Entered: 10/31/2003)
SCHEDULE set on 12/3/03 by Hon. Samuel Der-Yeghiayan : The parties' request to continue the status hearing set for 12/04/03 to 01/07/04 at 9:00 a.m. is granted. If a stipulation to dismiss is submitted prior to the 01/07/04 status hearing date, the status hearing will be stricken. Mailed notice (mw) (Entered: 12/03/2003)
11 MOTIONS by plaintiff to voluntarily dismiss defendants ; Notice. (cem) (Entered: 01/07/2004)
12 MINUTE ORDER of 1/7/04 by Hon. Samuel Der-Yeghiayan : Status hearing held and continued to 1/27/04 at 9:00 a.m. Plaintiff's motion to voluntarily dismiss each defendant is granted in part and denied in part [11-1]. Defendant National Castings Inc. is dismissed without prejudice. If any agreed motion to dismiss defendant Meridian Rail Prod. is submitted prior to th 1/27/04 status hearing, the status hearing will be stricken. Terminating party National Castings Inc. Mailed notice (cem) (Entered: 01/08/2004)
13 MINUTE ORDER of 1/27/04 by Hon. Samuel Der-Yeghiayan : Status hearing held. Counsel for defendant Meridian Rail Prod reports that this matter has been settled. Plaintiff's oral motion to dismiss defendant Meridian Rail Prod without prejudice to reinstate with 30 days is granted. All pending dates and motions are hereby stricken as moot. Terminating case. Mailed notice (cem) (Entered: 01/28/2004)
14 MINUTE ORDER of 2/17/04 by Hon. Samuel Der-Yeghiayan : (Entered agreed order of dismissal with prejudice). Mailed notice (cem) (Entered: 02/18/2004)

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