CasCea3s:e063-:c3v3--0a2v9-05090-J0A1P-TDJBocumDeonctu4m6e-1nt 1 FileFdil0e6d/2096//22090/26006PagPea1geof15of 5

UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY
---------------------------------------------------------------){
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff,
v.
HALO SHEET METAL, INC.,
Defendant. --------------------------------------------------------------- )(

COMPLAINT AND JURY TRIAL DEMAND

NATURE OF THE ACTION This is an action under Title VII ofthe Civil Rights Act of 1964 and Title I of the Civil Rights Act of 1991 to correct unlawful employment discrimination on the basis of race, AfricanAmerican, and retaliation, and to make whole Frank McCoy and Peter Leslie, who were adversely affected by such unlawful practices. Plaintiff Equal Employment Opportunity Commission (hereinafter "EEOC" or "the Commission") alleges that Defendant Halo Sheet Metal Inc. (hereinafter "Defendant") terminated McCoy and Leslie on the basis of their race, African-American, and that it terminated McCoy in retaliation for engaging in protected activity. These allegations will be described in greater detail in paragraph seven below.
JURISDICTION AND VENUE 1. Jurisdictionofthis Court is invoked pnrsuant to 28 U.S.C. §§451, 1331, 1337, 1343, and 1345. This action is authorized and instituted pursuant to Sections 706(£)(1) and (3) of Title VII ofthe Civil Rights Act of 1964, as amended, 42 U.S.C. §2000e-5(£)(I)("Title VII") and Section 102 of the Civil Rights Act of1991, 42 U.S.c. § 1981a.

CasCea3s:e063-:c3v3--0a2v9-05090-J0A1P-TDJBocumDeonctu4m6e-1nt 1 FileFdil0e6d/2096//22090/26006PagPea2geof25of 5
2. The unlawful employment practices alleged below were committed within the jurisdiction of the United States District Court for the District of New Jersey.
PARTIES 3. EEOC is an 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), 42 U.S.C. §2000e-S(f)(I). 4. At all relevant times, Defendant has continuously been a corporation under the laws of New Jersey, doing business in New Jersey, and has continuously had at least fifteen employees. S. At all relevant times, Defendant has continuously been an employer engaged in an industry affecting commerce within the meaning of Section 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 ofthis lawsuit, McCoy, a former employee of Defendant, filed a charge of discrimination with the Commission alleging violations ofTitle VII by Defendant. All conditions precedent to the institution of this lawsuit have been fulfilled. 7. Defendant engaged in unlawful employment practices in violation of Sections 703 and 704(a) of Title VII, 42 U.S.C. §§ 2000e-2 and 3(a), as detailed below:
a. In April 2004, during a Union meeting, McCoy complained that no contractor had ever promoted an African-American to general foreperson. The Union stated that it would bring up this complaint to the contractors. Approximately a month later, Defendant's owner confronted McCoy about his comments and asked him whether he had a problem working with Defendant.
b. In July or August, 2004, McCoy complained to Defendant that African-American apprentices were being assigned work inappropriate for their level of seniority. A week after
2

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McCoy's complaint, Defendant's owner again asked McCoy whether he was unhappy working at Defendant.
c. On November 3, 2004, the first layoff after McCoy engaged in protected activity, Defendant laid off McCoy and Leslie because of their race, African-American, and laid off McCoy in retaliation for engaging in protected activity. While Defendant stated that it also laid off other, non African-American employees, it allowed all of these individuals to work at other job sites or subsequently reemployed them, while not doing so for McCoy and Leslie. 8. The effect of the practices complained of above in paragraph seven has been to deprive McCoy and Leslie of equal employment opportunities, and otherwise adversely affect their status as employees because of their race, African-American. 9. The unlawful employment practices complained of above in paragraph seven was intentional. 10. The unlawful employment practices complained of above in paragraph seven was done with malice andlor reckless indifference to the federally protected rights of McCoy and Leslie.
PRAYER FOR RELIEF Wherefore, 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 them, from any discriminatory actions, including the discharge of any employee, because ofthe employee's race or in retaliation, and enjoining any other employment practices of Defendant which discriminate on the basis of race or retaliation. B. Order Defendant to institute and carry out policies, practices and programs which provide equal employment opportunities for all employees, and which eradicate the effects of
3

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their past and present unlawful employment practices. C. Order Defendant to make whole McCoy and Leslie by providing appropriate
backpay with prejudgment interest, in amounts to be proved at trial, and other affirmative relief necessary to eradicate the effects of their unlawful employment practices, including but not limited to rightful-place reinstatement of McCoy and Leslie.
D. Order Defendant to make whole McCoy and Leslie by providing compensation for past and future pecuniary losses resulting from the unlawful employment practices described in paragraph seven, including job search expenses, job training expenses, medical expenses, and loss of benefits in amounts to be determined at trial.
E. Order Defendant to make whole McCoy and Leslie by providing compensation for their non-pecuniary losses, including emotional distress, pain and suffering, inconvenience, loss of enjoyment oflife, fear, and humiliation, in amounts to be determined at trial.
F. Order Defendants to pay McCoy and Leslie punitive damages for their malicious and/or 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. H. Award the Commission its costs in this action.
4

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JURY TRIAL DEMAND The Commission requests a jury trial on all questions of fact raised by its Complaint. Dated: June 29,2006 New York, New York
Respectfully submitted, James L. Lee Deputy General Counsel Gwendolyn y, Reams Associate General Counsel EQUAL EMPLOYMENT OPPORTUNTIY COMMISSION 1801 "L" Street, N.W. Washington D.C. 2 507
Elizab Ih Grossman Regional Attorney
rial Attorney
Robert D. Rose RR-9174 Sr. Trial Attorney Ncw York District Office 33 Whitehall St., 5th floor New York, N.Y. 10004-2112 (212) 336-3708 (212) 336-3623 (facsimile)
5

 
 Jun-ZG-OT Ca0s4:e313pm:06-FcrvDm-0- 2959-JAP-TJB Document 12 Filed 06/28/2007 T-mPagPeOO1Z of 56F-nD

UNITED STATES DISTRICT COURT

.DISTRICT OF NEW JERSEY

• -x

EQUALEMWLOYMENTOrpOR~

COMMISSION,

Plaintiff.

-against-

HALO SHEET METAI., INC.,
Defendllllt.
--------------------------------x

l Z9 ZNnr 031\13838
Civil Actio No- 06-CV·l959
(MLC)(f )

CONSENT DECREE

This cause of action was. brought on June 30, 2006 by Plaintiff qual Employment
Opportunity Commission (EEOC) against Dofendant Halo Sheet Meta~ Inc., (Defendant),
pUISuant to Title vn \lithe Civil Rights Act of 1964. as amended, 42 U S.C. § 2000e et seq.
(Title Vll) and the Civil Rights Act of1991 , 42 U.S.C. § 1981a. BEO alleges that Defendant unlawfully terminated Frank McCoy and Peter Leslie on the basis of 'r race, Aftican.American, and that Defendant u:a.\awliJl1y tlmlliDated McCoy in retali on for engagiug in protected activity.
Defendant denies the allegations in this action, and this Consen Decree is not an admission that Defendant has engaged in any wrongdoing or violated y law or reglllation.
The parties desire to settle this action, and therefore stipulate consent to the entry of this Decree as :final and binding between the parties and their SUl:l:ess S, assigns. subsidiaries, affiliates and any other corporation or other entity into which Defend t may merge or with which it may l:onsolidate.

--------------------------Jun-Z6-DT CaDs4e:113pm:06-cFrvD-m0- 2959-JAP-TJB Document 12 Filed 06/28/2007 T-32PBagPeD2D3of 56F-380
The parties agree that this Decree may be entered into lllfithout F' . gs ofFact and Conclusions of Law being made and enteted by the Court. No waiver, m dificatioD or amendJnent ofany provision of this Deeree shall be effective unless mad in writing, approved by all parties to this Decn:e and approved or ordered by the Court.
In consideration ofthe mutual promises and agreements contain in this Decree, the
sufficiency ofwbich is hereby acknowledged, the parties agree as follow. the Court finds
appropriate, and it is therefore ORDERED, ADJUDGED AND DECRE D that:
GENERAL PROVISIONS 1. rh,i$ Decree resolves all allegations raised in EEOC Char e Number 160-2005-
02173 and all allegations that were raised in the complaint filed by BEO . This Decre;e in no way effects EEOC's right to process any Qtherpending or future charge against Defendant and to commellce civil actions on any such charges
2. The Court has jurisdiction over the subject matter and parties to this action, venue is proper, and all administrative prerequisites have been met.
3. No party shall contest the; validity of this DI'lCrCI:. 4. No party shall contest the jUrisdiction of the United Stl! District Court to enforce this Decr<:e and its tenns, or the right ofEEDe to bring an enfo cement suit Or proceeding on the breach ofany term oftbis Decree by Defendant. 5. Defendant shall provide notice and a copy oftbis Decree to any successors, assigns, subsidiMies, affiliates, and any other corporation or other entit into which Defendant roay m.erge or with which it may consolidate, and such entities shall be ound by this Decre~.
2

Jun-l6-0T C0a4s:3e1pm3:06F-rcomv--02959-JAP-TJB Document 12 Filed 06/28/2007T-!ZBPagp'oe043 of 5H6OD

MONETARY RELIEF 6. Within 45 days after the entry oftlris Decree, Defendant '11 pay to Frank McCoy

and Peter Leslie a total of$70,000.00 which reflects baek pay, compensa ory damages and

attorney's fees, to be paid ~ follows: a. Defendant will pay to Frank McCoy $60,0 0 which reflects

$29,000 in back pay,less applicable withholdings required by state and derallaw, $30,000 in

compensatory damages and $1,000 in attorney fees. b. Defendant will pay to Peter Leslie $10,00 wbich reflects $5,000

less applicable withholding:; lllquired by state and federal law in back pa and $5,000 in

compeusatory damages. c.

With respect to the payment ofback pay ounts, Defendant will

provide the payees with the applicable lRS form W-2, aod with respect t the compensatory damages and attorney's fees payments, Deftmdant will provide the pa with the applicable

IRS form 1099.

INJUNCTIVE RELIEF

7, Npo-discrimination
a, Defendant and its agents are enjoined from dism . ating against any

individual because of her or his race in violation ofTitle VIT. b. Defendant and its agenl$ are enjoined :from retal' ting against any
vn. individual for asserting rights under Title including but not limited filing a chargo,
providing asslstatlCe or evidence or testifying in the investigation or lit' tion ofthis or any other
her charge ofdisl;:rimmation, or mr asserting or his rights under Title

3

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8. Polides and Procedures' . a. Within 10 days oftile entry ofthis Decree, Defen t will adopt the Equal
Employment Opportunity Policy attached hereto as Exhibit A. b. Wi1:b.in 10 days of the entry of this Decree, Defen t will adopt
guidelines to assist Defendant in conducting thorough investigations of discrimination and retaliation attached hereto as Ewbit B. Defendant guidelines to management personnel who investigate complaints and to 051' Imlployees who have filed complaints of discrimination or retaliation.
c. Within 10 days of entry of this Decree, Defendan will distribute a copy of its Equal Employment Opportunity Policy (Exhibit A) to all field cons crion employees by ,.,curely lIfIlxing it to the inside cover ofthe·gang box at !;Itch ofDefi t's work sites dllring the duration ofthis Decree and shall distri.bute a copy ofEwbitA to al ofits office staff, and shall distribute a eopy of:&hibit A to all office staff mnploy<:e$ hired ercaftcr within fivC! days ofthe commencement of their employment
9. Trainjng a. Within 60 days ofthe entry ofthis Decree, De
following training: (i) At all current projects that are estimated last more than one
week, the Defendant's Project Manager will provide all ofDefendant's employees at the Project with training regarding Defendant's Equal Employment Opportunity P Hey. The training shall consist of: (a) /Ill oral presentation by II representative ofDcfendant'~ an8gement substantially in the furm attached as Exhibit A-I hereto; and (b) the distribution ora copy ofDefendlUlt's Equal Employment Opportunity Policy, Ewbit A, to each employee' attendance at the
4

Jun-Z6-D7Cas0e4:331p:m06-cFvrD-m0-2959-JAP-TJB Document 12 Filed 06/28/2007 T-UPBage?D5DSof 56 HiD
training. This training will also be provided at the commencement of all tuture projects that are
estimated to last more than one week.
(ii) Defendant will provide three hollI'S ofanti . crimination training,
including retaliation, for all its wanagers, supervisors, project wll.llllgers.
(iii) Newly hired, transferred or promoted m must undergo sucb training within 1S days of the date ofrore or promoti to a management position.
b. Defendant will thereafter provide two bollI'S ofan •-discrimination and retaliation training for all managerial staff, every 12 months, for the d This training shall reiterate, explain and answer questions about Defend t's policy prohibiting harassment and discrimination.
c. The training sessions as outlined in ~9 (a)(ii"iii) d (b) shall be conducted
the by KauffMcClain &. McGuire LLP and will cover materials attac as Exhibit C. These
training materials have been reviewed and approved by EEOC. d. Attendance sheets or records containing. but not imited to, the dates of
attendance, name of attendees, identity of instructor, and agendas for th training shall be maintained at Defendant's main office.
lO. Postings a. Within 14 days after entry ofthis Decree, Defen t shall
conspicuously post and maintain in its offices in all places where cmpl yee notices are pO$ted, a copy ofthe Notice to All Employees, in the fann and with the content hereto. A copy of the Notice to All Employees shall be securely affix to the inside cover of the gang box at each oftbe Defendant's worksites during the duration f this decree.

J,n-/HTCas0e4:331p:m06-cFvr-..0..2959-JAP-TJB Document 12 Filed 06/28/2007 T-PmageP,D6DTof 56 HID
b. Def'endanr,shall displaytbe BBOC poster, as requi d by fedetallaw, outlining all applicable EEO-J.a.WlI at all offices.
11. Monitoring a. D.efendant will provide EEOC with a. report COD
complaints ofdiscrimination and/or retaliation, either formal or inform including a summary ofthe steps taken during the investigatiOIl" the results ofthe invesngatio and any disciplinary action taken. Defe.ndant will provide this report to EEOC iIlIIlually after the date of entry of this
Decree. b. Defendant will forward to EEOC any and all a dance sheets and
records containing, the dates of attendance, name of attendees, identity f instroctor, and agendas for the training Ikscnbed in paragraph 9, above. Defendmt will provid this infonnation to EEOC annually after the date of entry ofthi$ D!X;J;e;e.
c. EEOC may monitor Defendmt's compliance wi this Decree throllgh the unannounced inspection ofDefendant's premises, records and intervi reasonable times. Defendant will make available for inspection and co }ing any records reasonably related to any charge andlor investigation of distrimination ducted by Defendant for the duration of this Decree.
12. This Decree constitutes the complete understanding be Detimdant. No other promises or agreements shall be binding unless a eed to in writing and signed by these parties. 'The EEOC and Defendant shall each bear the. respective attOID,,), , S fees lIIld costs in this. matter.
13. This Decree will remain in effect for three years from th date of entry. The Cow:t shall retain jurisdiction over 1his action during the durlltion ofth Decree. The matter may
6

Jun-Z6-0r C0a4s:3e1pm3:06F-rcomv--02959-JAP-TJB Document 12 Filed 06/28/2007T-mPagpoeoe7 of 5H6BD

be administratively closed but shall not be dism.iued during the duration f the Decue. Within 30 days after the date 6et for the explration ofthe Decree, the parties shal submit a stipulation of

dismiSsal to the Court.

~ SO ORDERED, ADJUDGED AND DECREED this U day

200 (.Jt.

-

- {(lSI tM1t.) -

..

~...~ \..j """-

U.S. . . Court udge

APPROVED IN FORM AND CONTENT:
fOR THE EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
~ Elizab th GroSSID3l1
Regional Attorney Equal Employment Opportunity Commission 33 Whitehall Street. 5\11 Floor New York, New York 10004 Tel: 212-336-3721
Date:

L
MCK."pna, Lewis & McKenna 82 East Allendale Saddle River, New mey 07458 Tel: 201-934-9800

7

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EXIllBITA

.......... - ..J...u..,n.-..Z.6"-'DTCasD4e:3_23.p.m:.0_6..-..c.F.v.r.o-0;-2959-JAP-TJB Document 12 Filed 06/28/2007 T-32PBagePO9IO/oOfSS56 HID

EXHIBrrA
HALOSHBBT:anttAL, INC. EQUAL EMPr..onmNTOPPOlttUN11Y

LlcY

I. PUltPOSlt

Halo Sheet Metal, Inc. does not discri.m.iDate in the advanCeJllent or in any other term or r:ond:i.tioD afemployment individual's race,. rolor, religion or creed, gender or sexual orlen ~~slrlp, age or disability as protected by law.

Halo Sheet Metal, Inc. does not tolerat'l! harassmeD or employmeDt discrlmiDalion that is based upon an mdividual's race, color, rel' or cram, sender or sexual orientation; national origin or citizenabip, age or disabil' as protected by law.

D. PROBIBl'l.".lID HARASSMENTAND DISCRIMlN~ ON

Halo Sheet Metal, Inc. will DOt wlerate behavior by
co-employees or athers llaving the purpose or eft'ect of creating:

I SI1Perviscnl,

A. An intimidating, hostile or offensive work en onment.

B. An ~nable intf4'ferenea with. an . ., ual's work performance, or

C. An ad~~ effect on an employee's condi' II of employmlDlt where the basis for that conduct:is the individual's raCe, color, re 'on or ereed, gender
or semal orientatioIl, national origin Dr citizlmShip, age or disab' as protel!ted by law.

In. DlSClP.LlNARYA.Cl'ION

Halo Sheet Metal, llle. will take appropriate disal

action up to and

mcluding dlscbarge. against anyone wbo el'Igages in unlawful IIU1el'1t I)l' employment

dist:ritnination against any employee.

lV. PROTECl'lON AG~8T RETALIATION

:Employees shall notbe subject to any ad.vetse actio because they make a

complaint ofunlawful employ:me;ot discrimination or hamElSmen gr beca'lltB the

employee l'8rticipates in an investigation of a complaint Dfunla; emP10Yuteut

discrimiuation or hata.ssment. A:Ilyemployee, supervisor or gel" olH8lo Sheet

Metal, Inc. who e~ in any such retaliation or reprisal will b subject to appropriate

dlsetplinary action up to and including discharge from employm nt.

.

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V. CO'MPLAll"IT PROClIDUR.'E

A Any en:I.ployee who feels. that he or she (or crther employee) bas

been the subjec:t ofunla:wful harassment or employment dis - -on by managers,

&upervisors. employee&, or Doa-employees ill connection with the com.pany's business,

may bring a complaint ofprohibited IIDIployme:at discrimination r bara&sment to the

attaotioa ofmanagement without fear ofretBlia:t:ioa or reprisal. 1such com.plaints will

be kept eOllfidential to the nwdtnum possible ment. consistent -th II. fair and

thorough investiga:l:io:o ofthe complaint. A1J.yemployee who is resented by a labor

union may also chDose to snbmit a griEMlIlCl! to his or her UDion

tatiw subject

to the ml'lDS of the union's conective bargaining agreement with e Company.

B. Complaints may be broughtto the attention orthe Company's Chief Financial Officer in wrltillg at Halo Sheet etal, IDc:., 140 Lebigh Avenue, Lakewood, NJ 08101, or in person or by telepho e to the Chief Financial Officer Paul Pe11egrhio at 732/901~oo80, Project Ma r John Pellegrino, at 908/415"'4S'J1 (mobile phone), or Pz\Jjeet Manager KeYin Wmlen at 732/904-1604 (mobile phone). A form for reporting a complaint ofunlawful layment disaimination, harassmem or retaliation is awi1a1>1e throughout Com~, and a sample is at:tacb.ed. to this policy_
c.. AIl compl.e.ints ofunlawful employment' illation. hal."ASllmlillt
or nfl.'aliation wiD be:£uIlf and fairly invasti,pted andappropriate etlon (iDClucllng
disciplinary actiO'll up to and includiug discharge), will be taken 1'f:lIltMW any
me.ri.toriOU!i complaints ofunlawfuJ employment ctiscrimilla:t:ion, IIrBSSment or retaliation.

Jun-!6-0CT ase043;!!:p0m6-cvF-r0om2-959-JAP-TJB Document 12 Filed 06/28/2007 rP-mage P1.101 1o/0f556 6 HID
EMPLOYMENT COMPLAINT Name of Person Making Complaint: Date, Time and Place of Intlident
Persons Involved and Witnesses:
Explanation of Incident and Complaint:

1SO"'IS·v ;

Signature of Cor plalnsnt

Jun-26-0T Ca0s4:e31p3m:06-Fcrovm--02959-JAP-TJB Document 12 Filed 06/28/2007 T-mPagpe011a2/05oGf 56HaD
EXHIBIT A...l

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EXHIBITA-l

Gang BoX Tralning Presentation

This part oftoday's meetil,lg explains Halo's Equal Opporttmity Policy to you.

ployment

In brief: HalQ does not tolerate harassment or emp yment discrimination against any employee based on any legally protected status.

Prohibited harassment and discrimination include oy hostile work environment or any adverse effect on an employee's conditions 0 employment because of the worker's race, religion, gender, natiOnal origin, age or rosa ility as protected by law.

EmployeeS are also protected from retaliation for 'ng a complaint about unlawful discrimination or harassment, or assisting anoth complaint

Halo will take disciplinary action up to and inclu ' g discharge against anyone who engages in unlawful employment discri:rxrlDation, h

We are giving each of you a copy of Halo's Equal ployment Policy, and that Policy further explains our Complaint Procedure.

A copy of Halo's Equal Employment Opportunity P licy is on display in the gang box for your review. Additional copies ofthe Employm nt Complaint form are available on request from me or from Paul Pellegrino ill the mai office. Our telephone numbers are listed in the Complaint Procedure,

lS3660.Vl

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Do you have any qUestioIlS?
:tS3660.",

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EXHlBITB

Jun-Z6-D7CasDe4:3!Z:0~ 6-cFvrD-0m2- 959-JAP-TJB Document 12 Filed 06/28/2007 T-P32a8 gePD1I6T/OoSfS56F-380

EXHIBITS

Halo Sheet Metal, Inc. Management Guidelines for Investigation f Complaints ofUnIawful Discrimination in Emp oyment

This outline provides guidance to management when investigating employee claims of u:olawful, discriminatory conduct in th workplace. Each
investigation is different and must be tailored to fit the specific allegations and facts involved. Nonetheless, this outline serves as a sta.t1:i:ng pOint irl any investigation of allegations of unlawful discrimination in employment. A 5 eedy and thorough investigation, and equally prompt action once the investigation is concluded to correct any proven discrimination are a mandatoty policy of Halo Sheet M , Inc.

Actions taken during and as a result of the investiga ion of a complaint of

unlawful discrimination, harassment or retaliation shall be tee rded in writing and

preserved. Each person interviewed shCl1Jld be asked to read, corr ct and sign a written

statement of the interview. Ifthe individual declines to sign the s tement, it should be

retained, unsigned, as a memorandUlIl of what was reported in intemew. InteMe:w

5tatements and memoranda and a record of all action taken in th investigation should

be maintained including: the identity of the interV'iewer(s), mplainallt(s), other

person(s) known to haye participated in 'or have knowledge 0 the investigation or

incident.!; complained about; the identity of the person(s) ponsible for making

decisions regarding'actions to take resulting from the findings of e investigation; what
'n actions were in fact taken; and relevant dates. A written report be made from the

information gathered from the investigation and the report 'Will retained on file at

Halo's main office.

'

ST£P ONE: Commencing the Investigation' Obtaining B ckground Information.

A, Background ofthe Complainant.

1. Name; present pOSition; present superviSOl.

2. Prior positions held; fanner supervisor(s); krecord

3. Prior discrimination complaints, if any.

B. Background of alleged. perpel:tator of discriminatory treatment.

1. Name and emplQyment hist.oty.

2. Present poSition; is position 5UpeNiSOry or ill ageria1?

3. Previous complaints. in any, and corrective 0 disciplinary actions taken.

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STEP TWO: In'VeS1:igating the Incident.

A. Questions for the Complainant.
1. What was the discriminatory conduct? (Obtai llll details
concerning the alleged discrimination.)

2. Where did the conduct take place?

3. When did it take place?

4. Were there anywitnesll$S?

5. What are the witnesses Dames?

6. Has Complainant previously been su~ected t discriminatory conduct by the perpetrator?

7. Has the complainant previously been subjecte to discrimination by others in the Company?

8. What was the complainant's response to each ncident?

9. What a.ctiOIlS, if any, did the complainant take to end the discriminatory conduct? Ifno aetion was talc ,why not?

10. Did the complainant ever report any of the p . r incidents of
discrimination to a supervisor or manager? I so, what happened? If not, why n()J:?

11. Does the perpetrator have authority over the

12. Has the perpetrator eVer had any authority 0 the complainant?

13. Has any adverse action been taken against th complainant :;inee the discriminatory condUCt occurred?

J4. Has any favorable action been taken with res ect to the complainant since the discriminatory condu occurred?

15· Names of all persons to whom the complain t reported the

discriminatory conduct.

.

l6. All details concerning the complainant's repe of the
diseriminatory.

17. Does the complainant believe the perpetrato has engaged in discriminatory conduct against other employ es? If so, whom?

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18. Ask the complainant what the remedy should b ifthe complaint is found to be meritorious.
19- Was the complainant aware ofthe employer's employment cliscrlmination?
B. Questions for the Alleged Perpetrator - Obtain a com lete version of the
facts relating to the alleged discriminatory CDllduct Identify all witnesses that may corroborate or contradict the all perpetrator's version of the relevant events.
C. Interview all (1) witnesses identified by the complili nt or the alleged perpetrator, (2) persons informed ofthe discrimlnato conduct and (3) other alleged victims, to determine whether they corr borate the complainant or the alleged perpetrawr.
p. Record all witness interviews as first person stamme be thorough in writing down all relevant information :va.Ilable from the witness, including a:;:.;ertions, ifthere are any, that pa .cular events, claimed by the complainant or the alleged perpetraw ,did not happen or
did not happen as described by the: complainant or perpetrator; and, have the witness read, correct and sign and date the s tement, if at all
possible.
STEP THREE: Determining Management'$ Response.
A. Organize and carefully consider all evidence collect:e
B. Determine whether or not the alleged discriminawry conduct occurred,
including making credibility resolutionS based upon of the available evidence, and an assessment of whether the action al eged to be discriminatory was shown to be motivated by unla considerations.
C. Ifthe alleged discriminawry conduct is fDund to ha: occun-ec\, assess the actions needed w remedy the conduct and its effects 11 employees, including reinstatement and make whole remedies, d corrective and disciplinary actions needed to avoid future di$crimin tiOD.
STEP FOUR: Wrapping Up - Meeting with the Complain
InforrtJ. the complainant ofthe completion of the inv stigation, the factual detenninations made and any remedial actiDn taken
B. Confirm management's commitment w the principl set forth in the
Company policy prohibiting unlawful discriminatio in employment.
c. Inform the complainant that further discrimination r retaliation should
-3-

Jun-ZS-OT Ca04s:1e3p3m:06-Fcrovm--02959-JAP-TJB Document 12 Filed 06/28/2007 T-l2SPagPe.OI1O9/05oSf 5F6-380

be reported to management immediately.

D.

Ask the eomplainant ifshe or he is satisfied with m gement's handling of the complaint. If she or he is not satisfied, evaluate e cause of the

dissatisfaction and determine whether further in . ation or action is

warranted.

-4-

Jun-26-DT CDa4s:3e3pm3:06F-rccmv--02959-JAP-TJB Document 12 Filed 06/28/2007T-aZBPagP,e0212/0056of 5F6-!SD
EXHffiITC

Case 3:06-cv-02959-JAP-TJB Document 12 Filed 06/28/2007 Page 21 of 56

Workplace Discrimination, Harassment and Retaliation Awareness and Prevention for Managers and Supervisors at Halo Sheet Metal, Inc.

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Session Overview
~'ntroduction
3:€Lega' Framework

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3:€Company Policies
~ldentifying Discrimination Harassment and

Retaliation

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~Roles- and Responsibilities of a Manager

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Case 3:06-cv-02959-JAP-TJB Document 12 Filed 06/28/2007 Page 22 of 56

Introduction- Why are we here?
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• We will explain why it is vital to the interests of the Company - and )'our own interests - to
prevent discriminatIon, harassment and
retaliation in the workplace.

• We will define unlawful employment discrimination, harassment - which includes sexual harassment as well as harassment based upon any other protected characteristic (i.e., race, religion, age, national origin, sexual orientation, disability etc.), and retaliation.

• We will discuss your key responsibilities as

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supervisors and managers to ensure compliance

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with our Equal Employment Opportunity Policy.

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Case 3:06-cv-02959-JAP-TJB Document 12 Filed 06/28/2007 Page 23 of 56

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Legal Fral11e\Nork

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Workplace discrimination, harassment and· retaliation based on a protected characteristic are
unlawful d\scrimination under:

~Federal

[KJCivil Rights Act of1964 ("Tit1e VW), amended by Civil Rights Act of

1991 IIDAge Discrimination In Employment Act ("ADEA")

lRIAmericans with Disabilities Act CADA")

OOFamily and Medical Leave Act ("FMLA")

[8]Supreme Court Decisions (1998)
X State

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[KJNew Jersey Law Against Discrimlnation

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Case 3:06-cv-02959-JAP-TJB Document 12 Filed 06/28/2007 Page 24 of 56

Protected Characteristics
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XMedical Condition
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XNational Origin
3=CVeteran Status
XMarital Status
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Case 3:06-cv-02959-JAP-TJB Document 12 Filed 06/28/2007 Page 25 of 56

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Employer's Obligations

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3:€ Prevent unlawful employment discrimination/ harassment and retaliation from occurring.

X The law requires that employers promptly investigate all

suspected incidents of employment discrimination,

harassment and retaliation and to take effective steps to

correct the situation.

-

~ Once any supervisory employee is aware of a situation

or complaint of unlawful employment discrimination,

harassment

or

retaliation.•

the

Comn"nv "'1"l1r"~

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~ Do not retaliate against an employee who complains.

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Case 3:06-cv-02959-JAP-TJB Document 12 Filed 06/28/2007 Page 26 of 56

Equal Employment Opportunity
Policy
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~ Prohibits discrimination on the basis of any

protected characteristic (gender, race, religion,

national origin, agel disa15iHty, sexual

orientation, etc.).

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XAddresses all aspects of employment: interviews, recruitment, selection,
compensation, promotion, transfer, layoff,
recall, termination, and dispute resolution.

~ Commits managers to base all decisions on

qualification ana job performance.

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~ Includes our Anti-harassment Policy.

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Case 3:06-cv-02959-JAP-TJB Document 12 Filed 06/28/2007 Page 27 of 56

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Unlawful Employment

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Discrimination is

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Adverse Treatment in

.Hiring -Firing .Layoff -Rate of Pay .Promotion .Demotion or Discipline .Other Terms & Condit\ons of Employment

Because of a Legally Protected Personal Characteristic:

-Race -National Origin -Sex or Sexua' Orientation-

eReligion or Creed -Disability -Age .Other Protected Characteristic

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Case 3:06-cv-02959-JAP-TJB Document 12 Filed 06/28/2007 Page 28 of 56

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Race Discrimination

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Employment Actions that have an Adverse Effect
- whether by motive or impact - upon a worker
because of his or her race, color or ethnicity

(typically) :
• American Indian or Alaskan Native

• Black or African-American

• Native Hawaiian or Pacific Islander

• Hispanic or Latino

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• White

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Case 3:06-cv-02959-JAP-TJB Document 12 Filed 06/28/2007 Page 29 of 56

Unlawful ElllploYl1lent Actions

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X Radal Animus: .

Adverse action based on hostility toward a racial group.

X Racial Stereotyping or Bias:

Adverse action resulting from negative qualities attributed without objective basis.

X Radal Steering and Assignment:

Segregating employees by race.

Be Reverse Discrimination:

AU racial groups are protected from employment

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discrimination.

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Case 3:06-cv-02959-JAP-TJB Document 12 Filed 06/28/2007 Page 30 of 56

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Racial Harassment

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Occurs in the workplace when an

employee is exposed to unwelcome

conduct that targets the employee's race

or ethnicity and is sufficiently severe or

pervasive so as to alter the terms and

conditions of employment from the

perspective of a reasonable person in the victim's position.

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Case 3:06-cv-02959-JAP-TJB Document 12 Filed 06/28/2007 Page 31 of 56

Policy Against Harassl11ent
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~ Not limited to sexual harassment

~ Defines prohibited behavior, including retaliation

X Defines the circumstances (who, what and where) under which certain behavior is prohibited

.~ Identifies the process by which investigations will be conducted, and matters resolved

X Commits the Company to stop prohibited behavior, including retaliation

~. Obligates managers to know, monitor, and

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enforce the policy

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Case 3:06-cv-02959-JAP-TJB Document 12 Filed 06/28/2007 Page 32 of 56

Examples of Racial Harassment
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3€Jokes and stories that denigrate groups or individuals based on their racial or ethnic characteristics.

XRacially charged words

3=COffensive forms of address relating to
race or ethnicity.

3€Pictures, cartoons, and symbols with

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racially offensive content.

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Case 3:06-cv-02959-JAP-TJB Document 12 Filed 06/28/2007 Page 33 of 56

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Who can be harassers or targets of harassment?

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~ Both women and men

~ Same sex harassment- harassment not

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someone1s gender

~ Supervisors or co-workers

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Case 3:06-cv-02959-JAP-TJB Document 12 Filed 06/28/2007 Page 34 of 56

Where/when can harassment occur?

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Case 3:06-cv-02959-JAP-TJB Document 12 Filed 06/28/2007 Page 35 of 56

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3€ Vicarious Liability - as a result of 1998 Supreme Court decisions,
companies can be automatically liable for harassment by managers

and supervisors.

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~ Affirmative Defense -- availab'e when:
rKlHarassment was not of "quld pro quo" type

00 Company, exercised reasonable care to prevent and correct (e.g., adopting and distnbuting a meanIngful harassment policy and training employees on their rights and responsibilities under that policy)

IX1 Plaintiff failed to take advantage of corrective mechanisms in place

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3€ There can be individual liability for Managers and Supervisors- both

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for harassment and for failing to prevent and correct harassment.

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Case 3:06-cv-02959-JAP-TJB Document 12 Filed 06/28/2007 Page 36 of 56

Hostile Work Environment
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3:C Unwelcome conduct that unreasonably _
interferes with one's ability to do his/her job

X Conduct is severe or pervasive

3€ Conduct creates an intimidating, hostile or offensive working environment

3CApplies to all protected classes (not just sexual

harassment) - harassment on the basis of race,

.. n. nattonal oriain, age, disabi1ity, sexual

orientation) etc. is unlawful

~ Conduct CQuid be physical, verbal or visual

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Case 3:06-cv-02959-JAP-TJB Document 12 Filed 06/28/2007 Page 37 of 56

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Hostile Work Environment

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Verbal £Xamples=
X Sexual jokes, off-color remarks, teas1ng, or innuendo

X Jokes or slurs regarding any other protected characteristic (Le., race, religion, national origin, age, sexual orientation, disability, etc.)

X Frequent comments regarding someone's physical appearance,
especially about parts of the body

X Catcalls, whistles, kissing noises.

X Forms of address (honey, babe, etc.)

!f t Inwanted 01 essure for dates OF sexual favors

X Unwanted personal questions about social or sexual life

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Case 3:06-cv-02959-JAP-TJB Document 12 Filed 06/28/2007 Page 38 of 56

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Visual Examples:

• Presence of sexually explicit material, or material that reflects in a negative manner upon any protected characteristic (i.e., race, religion, national origin, a9,e, sexual orientation, disability, etc.) such as pinups, cartoons, graffIti, computer screen savers, or pictures, symbols or objects with negative stereotypes of certain races,
religions, national origins, etc. (Le., a Ku Klux Klan mask, a swastika, a noose, etc.)

• Written material that is sexual in nature or contains derogatory comments relating to any protected characteristic (i.e.! race, rellgioD, national origin, age, sexual orientation, disability, etc.) such
as notes or e-mail

• Staring, leering or "elevator eyesll

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Case 3:06-cv-02959-JAP-TJB Document 12 Filed 06/28/2007 Page 39 of 56

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Physical Contact:

• Standing too close to or purposeJy brushing against another person
• Excessivety I<lengthyJl handshakes, unwelcome huggtng or unnecessary physical contact
• Pinching or grabbing
• Cornering l trapping, Of blocking a person's pathway
• Sexual touching or kissing
• Sexual assault or forced fondling
• Rape or attempted rape
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Case 3:06-cv-02959-JAP-TJB Document 12 Filed 06/28/2007 Page 40 of 56

Hostile Work Environment

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When does the conduct create a hostite work environment?

Factors to be considered include

-Frequency of the conduct

-Severity of the conduct

-Type of conduct -- physically threatening? Publicly humiUating? An isolated insult or a "stray remark"?

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Case 3:06-cv-02959-JAP-TJB Document 12 Filed 06/28/2007 Page 41 of 56

Hostile Work Environment
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EXAMPLE: it was not sexual harassment where an plaintiff could prove was that her supervisor aSked her out for a date a couple of times and that some of the other employees - both men and women told a few dirty jokes.

BUT NOTE: the employer had to go through an expensive trial just to establish that there was no unlawful harassment.
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Case 3:06-cv-02959-JAP-TJB Document 12 Filed 06/28/2007 Page 42 of 56

Harassment by Third Parties
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(e.g'/ Customers, Suppliers, Subcontractors)
• If an employee is harassed by a client or customer,
the employee shou'd follow the complaint procedures in the harassment policy just as if the harasser were an employee .

• The corrective action an emp'oyer can take may be

limited! but the employer still must investigate and

take measures to stop the harassment.

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Case 3:06-cv-02959-JAP-TJB Document 12 Filed 06/28/2007 Page 43 of 56

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SUPERVISOR/SUBORDINATE DATING

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• Not sexual harassment per se

• But consider the pitfalls: "Breaking up is hard to do"

- What was once welcome may later become unwelcome, when the other person "just
doesn't get it."

- Potential challenges to the supervisor's

legithnate efforts to manage the

subordinate's performance ("She's getting

-,<

back at me for breaking up with her").

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Case 3:06-cv-02959-JAP-TJB Document 12 Filed 06/28/2007 Page 44 of 56

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Retaliation

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X Retaliation is prohibited by law and Company policy.
~ Retaliation occurs when there are
l2Sl negative consequences, such as; termination; demotion; denla' of
pay increases, promotion or good work assignments; or refusal to
communicate work related information.
(ZSl associated with: reportinlf discrimination or harassment, or participating or assisting In an investigation.
I2Sl the United States Supreme Court states that an "adverse emplovment action" IS not limited to actions such as discharge, demotion or other materially adverse change in the terms and condItions of employment.
129 Retaliation can be any action that might "dissuade a reasonable worker from making 01' supporting a cbarge of discrimination," and can be based on individual circumstances: e.g., a change in work hours for a young mothe-:, with school age children, is a materially adverse employment action.

X Managers have a responsibility to ensure that retaliation does not

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occur following a complaint and investigation of unlawful employment discrimination or harassment.

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Case 3:06-cv-02959-JAP-TJB Document 12 Filed 06/28/2007 Page 45 of 56

Remember:
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~Any retaliation, discrimination or harassing behavior related to legany protected characteristics violates
Company policy, even if it does not rise to
the level of a legally actionable hostile work environment.

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Case 3:06-cv-02959-JAP-TJB Document 12 Filed 06/28/2007 Page 46 of 56

Your Responsibilities

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3€ Notice to a Supervisor or Manager is notice to the Company: if you see something, hear something or hear about something that potentially violates our policy, you have an affirmative obligation to do something

X Notify the Chief Financial Officer

imnlediately

X Upon learning of a potential violation,

.~ -~

you must take Prompt, Effective Action

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Case 3:06-cv-02959-JAP-TJB Document 12 Filed 06/28/2007 Page 47 of 56

Your Responsibilities

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~ No such thing as complete confidentiality:
IRINo "off the- record" conversations
[KINo "just between us" conversations
[&]No "don't tell anyone else about this" conversations
~ Report ALL complaints or situations you
observe or hear about, not just the ones you
believe or the ones you think are serious
3€ Call the Chief Financial Officer Immediately -
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Case 3:06-cv-02959-JAP-TJB Document 12 Filed 06/28/2007 Page 48 of 56

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How to

Respond

to a

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What you should say:

3€Thank you for coming to me

XWe take this seriously

~ Confidentiality to the extent possible

X I am going to talk with X about this and I'll get back to you within a few days

3C Assure the employee that there will be ....

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Case 3:06-cv-02959-JAP-TJB Document 12 Filed 06/28/2007 Page 49 of 56

How to Respond to a
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What you should NOT say:

X Do not add your opinion; do not make judgmental statements, especially about the character, family, or lifestyle of the victim,

the harasser, or witnesses.

X Do not promise the employee complete

confidentiality

X Do not promise the employee a specific

course of action ~ Do not hope that if you ignore the situation, it

.~
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will go away

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Case 3:06-cv-02959-JAP-TJB Document 12 Filed 06/28/2007 Page 50 of 56

How to Respond to a Complaint
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~Follow up; check with the

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EXHffiITD

J~n-26-07 Ca04s:3e7pm3:06f-rcomv--02959-JAP-TJB Document 12 Filed 06/28/2007T-IzPa agPe.055S/5DSoSf 5F6-3BO
EQUALEMPLOYME T
OPPORTUNITY COMMIS ION
NOTICE TO ALL EMPLOYEES
'This Notice is posted as part ofa settlement entered into by Consent D between the U.s. Equal Employment Opportunity Commission (BEOC) and Halo Shein EEOCll. Halo Sheet Metal. Inc., filed in the U.S. District Court for the 'strict of New Jersey, Civil Action No. 06·2959. EEOC brought a lawsuit against Halo Sheet etal, Inc. alleging that it violated Title VlI of the Civil Rights Act of 1964, as !lmended, in that t tenninated two employees on the basis ofthdr race (African-American) and tenninated ne ofthem in retaliation for bis complaint about discriminatory treatment.
Fe:dmIllaw prohibits discrimination against an em.ployl!le or an applican for employment based on the race, religion, sex, color, age, national origin or disability status 0 the employee or applicant. Federal law also prohibits retaliation against people who hay complained of or opposed discrimination.
In addition to requiring IJalo Sheet Metal, Inc. to post this Notice, the C nsent Decree enjOins Halo Sheet Metal, Inc., from engaging in any unlawful discrimination a ainst employees on the
basis of race; ~oins IJalo Sheet Metal, Inc. from I'Dgaging in any unla: I retaliation against any person who exercises his or her rights under federII1 anti-cliscrimin on laws; requires that
Halo Sheet Metal, Inc. provide training on fi:denllaws prohibiting empl ymeDl discriminatioll and retaliation to all current and future employees, management and ; pelIDits EEOC to monitor compliance with the Consent Decree and requn-es Halo Sheet ai, Inc. to provide periodic reports to EEOC regarding any discrimination or retaliation co plaints made by employees.
If you have a complaint ofemployment discrimination or questions regatcling laws prohibiting employment discriminatioll, you may contact:
U.S. Squal Employaum! Opportunity Commi;sio 33 Whitehall Street New York, New York 10004-2112 Phone: 800-669-4000 TrY (for persons with hearing impairments): 80 -669-6820
THIS IS AN OFFICIAL NOTICE AND MUST NOT BE C ANG£D
iT MUST.REMAIN POSTED V1YTIL=---.:-_ _ _::-+_ _:-::
(DIJtJz three years after entry (Jf Decree)

J.n-Zi-07Cas0e4:331p:m06-cFvro-m0-2959-JAP-TJB Document 12 Filed 06/28/2007 T-PmagePO5O6l of 56HBD

U.S. EQUAL EMPLOYMENT OPPORTUNITY COM1l!P;SSION

New York District Office

33 Wldteb.lI S!reet, S~ F1D01" New York, NY lOOO4-all2

(212) 336·3721 TIY (212) 336-3622

TELECOPIER TRANSMIT'~Al
OFFICIAL GOVERNMENT BUSINESS

TO:

- _ --- ---- Recipient:

HOlL

T.o."".n._ian,n.e.J.

Bongiovani .. -----~----

- ......

..

.. -------~-

LOCtllion.' U.S. Magistrate Judge, Federal Building & Courthouse

FlU number: _609-9S9:~43S_

I~!:~-#~- ~~_==-~==~=

# ofpages incl. cover sheet: ..-56----------,---_.- -----'-Date: 06/26/07

FROM:

MESSAGE: EEOC v., Halo Sheet Metal, Inc., 06·CV-2959 (MLC) (TJB)
See attached. Thank you.
CONFIDENTIALITY NOTICE
or This cllllllllUDication is intended for the sole us. the P=II to whom it is addres$ed <nd may cQntain information
that is privileged, confidential, aM. exempt from di,closure.
me Ally diS5ClDination, distributions, or copying of thi$ commUllicauQII by anyone other th an i:ntendtd recipient or
till perSon ,espnnsible for its delivery i. strictly prohibited.
Ifyou have received !his eommuniClltion in euor. p1tase phone l'!uI $ender immediate!' (it lIecesS/U'y, can coUect)
""d .ithet d.os\rQy !hi commwUc.tiOll or ....tutI1 it to thI above addrcu.
SPEC~INSTRU~ONS
lfyou do not t'eCci.-e all pages or there _ probloms with tho ~sioa, you sb.Ollld immediately phone the abo". $ender. If yoo di~cover mlssint; pages Dr othot pl'Obleu will!. the trlllJmlSSiOl1 at I II< or titlle. COJll1lct the sender at hlsIhe!' telephone number :incUealed above.

 
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CLOSED, RULE16
U.S. District Court District of New Jersey [LIVE] (Trenton) CIVIL DOCKET FOR CASE #: 3:06-cv-02959-JAP-TJB

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION v. HALO SHEET METAL, INC. Assigned to: Judge Joel A. Pisano Referred to: Magistrate Judge Tonianne J. Bongiovanni Cause: 42:2000 Job Discrimination (Race)

Date Filed: 06/29/2006 Date Terminated: 07/17/2007 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

Plaintiff
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

represented by MONIQUE JOY ROBERTS UNITED STATES EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 33 WHITEHALL STREET 5TH FLOOR NEW YORK, NY 10004 212-336-3721 Email: monique.roberts@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

ROBERT DAVID ROSE U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 33 WHITEHALL STREET 5TH FLOOR NEW YORK, NY 10004 212-336-3708 Email: robert.rose@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

V. Defendant HALO SHEET METAL, INC.

represented by MICHAEL F. MCKENNA LEWIS & MCKENNA, ESQS. 82 EAST ALLENDALE ROAD SADDLE RIVER, NJ 07458 (201) 934-9800 Email: mmckenna@lewismckenna.com

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LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed 06/29/2006 06/30/2006 08/07/2006 10/20/2006 10/23/2006
10/31/2006 10/31/2006 10/31/2006 11/03/2006
12/28/2006
02/01/2007 02/07/2007

# Docket Text
1 COMPLAINT against HALO SHEET METAL, INC. ( Filing fee $ 0.0 receipt number -.) jury demand, filed by EQUAL EMPLOYMENT OPPORTUNITY COMMISSION.(tp ) (Entered: 06/30/2006)
2 Summons Issued as to HALO SHEET METAL, INC..Days Due - 20. mailed to attorney (tp ) (Entered: 06/30/2006)
3 ORDER REASSIGNING CASE. Case reassigned to Judge Joel A. Pisano for all further proceedings. Judge Mary L. Cooper no longer assigned to case Signed by Judge Garrett E. Brown, Jr. on 8/7/2006. (ss, ) (Entered: 08/08/2006)
4 ANSWER to Complaint by HALO SHEET METAL, INC.. (Attachments: # 1 Rule 7.1a Statement# 2 Certificate of Service)(MCKENNA, MICHAEL) (Entered: 10/20/2006)
5 WAIVER OF SERVICE Returned Executed by EQUAL EMPLOYMENT OPPORTUNITY COMMISSION. HALO SHEET METAL, INC. waiver sent on 9/13/2006, answer due 11/13/2006. (ROBERTS, MONIQUE) (Entered: 10/23/2006)
6 NOTICE of Appearance by MONIQUE JOY ROBERTS on behalf of EQUAL EMPLOYMENT OPPORTUNITY COMMISSION (ROBERTS, MONIQUE) (Entered: 10/31/2006)
7 CERTIFICATE OF SERVICE by EQUAL EMPLOYMENT OPPORTUNITY COMMISSION re 6 Notice of Appearance served on G. Peter Clark, Esq. (ROBERTS, MONIQUE) (Entered: 10/31/2006)
8 CERTIFICATE OF SERVICE by EQUAL EMPLOYMENT OPPORTUNITY COMMISSION re 6 Notice of Appearance served on Michael McKenna, Esq. (ROBERTS, MONIQUE) (Entered: 10/31/2006)
9 ORDER Scheduling a rule 16 Conference set for 1/22/2007 2:00 PM in Trenton Courtroom 6E before Magistrate Judge Tonianne J. Bongiovanni.Signed by Judge Tonianne J. Bongiovanni on 11/3/06. (Attachments: # 1 ADR MEMO)(mm) (Entered: 11/04/2006)
10 LETTER ORDER confirming Initial Conference scheduled for 1/22/2007 @ 2:00pm has been adjourned to 2/22/2007 @ 3:30pm and Joint Discovery Plan to be submitted by 2/1/2007 Signed by Judge Tonianne J. Bongiovanni on 12/28/2006. (ss, ) (Entered: 12/28/2006)
Reset Hearings: Scheduling a rule 16 Conference set for 2/26/2007 1:30 PM in Trenton - Courtroom 6E before Magistrate Judge Tonianne J. Bongiovanni. (mm) (Entered: 02/01/2007)
Reset Hearings: Settlement Conference set for 2/26/2007 1:00 PM in Trenton Courtroom 6E before Magistrate Judge Tonianne J. Bongiovanni. (mm) (Entered:

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02/26/2007 06/27/2007
06/28/2007 07/17/2007

02/07/2007)
Minute Entry for proceedings held before Judge Tonianne J. Bongiovanni: Settlement Conference held on 2/26/2007. (mm) (Entered: 02/27/2007)
11 LETTER ORDER setting case management/settlement conference for 8/16/2007 @ 11:00am with certain instructions for counsel Signed by Judge Joel A. Pisano on 6/27/2007. (ss, ) (Entered: 06/27/2007)
12 CONSENT DECREE Signed by Judge Joel A. Pisano on 6/28/2007. (ss, ) (Entered: 06/29/2007)
***Civil Case Terminated per 12 CONSENT DECREE. (ms) (Entered: 07/17/2007)

PACER Service Center

Transaction Receipt

03/18/2008 16:08:51

PACER Login:

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Docket Description: Report

Search Criteria:

3:06-cv-02959-JAP-TJB Start date: 1/1/1970 End date: 3/18/2008

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Cost: 0.16

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