Case 2:05-cv-72515-VAR-PJK Document 1 Filed 06/24/2005 Page 1 of 7
7
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF MICHIGAN
SOUTIIERN DIVISION

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plail1tin:
v.
R & V CONSTRUCTION Defel1dan l.

JUDGE : Roberts, Victoria A.
DECK : S. Division Civil Deck DAIE : 06/24/2005 @ 10:37:34
CASE HUMBI!R : 2: 05CV72515
CHP EEOC V. D&V CONST (kC) Sl
COMPLAINT AND JURY TRIAL DEMAND
r\! '
, 'i",'

NATURF: OF THE ACTION ll1is is an action under Title Vll ofthe Civil Rights Act of1964, and Title Jofthe Civil Rights Act or 1991, to correct unlawful employment practices on the basis ofsex, and to provide appropriate relief to Doug Haskins and other similarly situated victims who were adversely affected by such practices. The EEOC alleges that Defendant, B & V Construction, ("Dellllldant") subjected Haskins and other male coworkers to a sexually hostile work environmcnt and that the Defendant, dcspite knowledg~ of the harassment, failed to lake prompt and effective action lo conect and prcvcnt the harassment. In addition, Ddcl1dal1l retaliated against Haskins and other coworkers for complaining about harassment As ar~sull ofthe harassment and Dellmdan\'s failure to end it, Ha~kins was forced to leave his employment.
JURISDICTION AND VENUE 1. JurisdiclionofthisCourtisinvokcdpursua!1tto28U.S.C. §§45I, 1331, 1337, 1343,

Case 2:05-cv-72515-VAR-PJK Document 1 Filed 06/24/2005 Page 2 of 7

and 1345. This action is authorized and instituted pursuant to Sections 706(f)(l) and (3) and 707(0)

of'Title VII onhe Civil Rights Act of' ]964, as amended, 42 U,S,C 2000e-5(t)(l) and (3), and 42

U.S.C, 2000c-6(e) ("Title VIJ"), and Section 102 orthe Civil Rights Act of 1991, 42 U.S.c. § 1981a, 28 U.S,C, §§ 451, ] 331, 1337, 1343 and 1345.

2, The employment practices alleged to be unlawful were and are now heing committed

within the jurisdiction of the United States District Court for the Eastern District of Michigan, Southern Division,

3, Plaintiff, the Equal Employment Opportunity Commission, ("EEOC" or the

"Commission") is the agency of the Unitcd States of America charged with the "dministration, intcrprel(ttion and enforcement ofTitle V11, and is expressly anthori>:ed to bring this action by Section
706(f)(1) and (3) orTitie VII, 42 U,S,C, §§ 2000e-S(f)(I) and (3),

4. At all rclcvanttillles, Defendant has continuously been a corporation doing business in South Lyon, Michigan, and has continuously had at least 15 employees,

5, At all rdevant times, Defendant Employer has continuously been an employer engaged
in an industry aflecting commerce within tlle meaning of Sections 70 I(b), (g), and (h) of Title VII,
42 U,S.c. §§ 2000c(h), (g), ,md (h).

STATEMENT OF CLAIMS

6,

M(lr~ than thirty (30) days prior to the institution of this lawsuit, IIaskins filed a

charge with the Commission alleging violations of Title VII by Defendant Employer, All conditions

precedent to the institution ol'this lawsuit have been fulfilled.

7.

Since at lea~\ October 2002, Ddendant limployer has engaged in unlawful

employment practices, in violation of Section 703(a), 42 U,S.C. § 2000e-2(a), The unlawful

2

Case 2:05-cv-72515-VAR-PJK Document 1 Filed 06/24/2005 Page 3 of 7
employment practices include, but are not limited to, the following: n. Haskins was repeatedly subjected to sexually explicit comments and touching by a foreman who had supervisory authority over him; b. The comments included such statements as .. suck my dick" and "let's go to back shed". Physical conduct included Haskins' butt being grabbed and being kissed on the lilee; e. Other male coworkers were also subjected to verbal and physical sexual conduct by the harasser; d. Despite repeated complaints by Haskins, Defendant failed to take appropriate steps to end the harassmcnt; e. Dc1endant retaliated against Haskins alter he began complaining of harassment by intimidating him and subjecting him to unsafe working conditions.
8. The effect ofthe unlawful conduct complained orin paragraph 7, above, has been to deprive Haskins and other similarly situated victims ofequal employment opportunities and otherwise adverscly affect their status as employees because of their sex.
9. The unlawful employment practices eompluined of in paragraph 7, above, were and arc intentional.
10. The unlawful employment practices complained of in paragraph 7, above, were done with malice or with reckless indifTerence to the federally protected rights of Haskins and other similarly situated victims.
PI~AYER FOR RELIEF
3

Case 2:05-cv-72515-VAR-PJK Document 1 Filed 06/24/2005 Page 4 of 7

Wherefore, the Commission respectfully requests that this Court:

A. GRANT a permanent injunction enjoining Defendant Employer, its o11ieers,

sueecssors, assigns, and all persons in active concert or participation with it, from cngaging in sexual

harassment and any other employment practices which discriminate on the basis of sex;

B. ORDER DeJendant Employer to institute and carry out policies, practices, and

programs which provide equal employment opportunities lor men, and which eradicate the efleets

of its past and present unlawful employment practices;

C. ORDER DeJendant Employer to provide training on Title VII of the Civil Rights

Act of 1964, as amended, and its prohibitions against sexual harassment and retaliation to all of its

employees and management;.

D. ORDER Defendant Employer to make whole Haskins and other similarly situated

victims by providing appropriate monetary relief, in the form of backpay and compensatory damages

in the amounts to be proven at trial;

E. ORDER DeJendant Employer to pay Haskins and other similarly situated victims

punitive damages for its malicious or reckless conduct described in paragraph 7, above, in amounts

to be proven at trial;

E. GRANT such further relief as the Court deems necessary and proper in the public

interest; and

I.

AWARD the Commission its costs lor this action.

.JURYTRIAL DEMAND The Commission requests a jury trial on all questions of fact raised by its Complaint.
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Case 2:05-cv-72515-VAR-PJK Document 1 Filed 06/24/2005 Page 5 of 7
Respectfully submitted,
ERIC S. DREIBAND General Counsel JAMESN.LEE Deputy General Counsel
A~f~4833)
Regional Attorney ROBERT K. DAWKINS (P38289) Supervisory Trial Attorney TRINA MENGESHA Trial Attorney EQUAL EMPLOYMENT OPPORTUNITY COMMISSION DETROIT DISTRICT OFFICE Patrick V. McNamara Building 477 Michigan Avenue, Room 865 Detroit, Michigan 48226 Telephone: (3 13)226-5673
5

Case 2:05-cv-72515-VAR-PJK Document 1 Filed 06/24/2005 Page 6 of 7
.'

JS 44 11/99

CIVIL COVER SHEET COUNTY IN WHICH THIS ACTION AROSE: OAKLANlJ

fhe JS~44 civil OQV'er sheet ~nd the information containad herein neither replace nor supplement the tiling ~nd llIervlce of pleadings or othe( pape~ fl5 required by taw, except as provided by local rules of court This fornI, approved by the Judicial Conference of the Uniled Stl,'lte5 in September 1974, is required tor us(: of tho Clark of Court for the p~Jrpose of initiating the Q\/'il docket liiiheet.

I. (a) PLAINTIFFS
u.s. EQUAL EMPLOYMENT OPPORTUNITY

5 1 5 DEFENDOTS
B & V C S§X!'MON7Nc2.

COMMISSION (b) County 01 HesidenC0 of hls\ Listed

List~6A':L~ Coun\y of Residence of Firs\

_--

NOTE: IN LAND GOND~MNATION C

HEVf .....".

(C) Attomey's (Finn Name, Addre$!j, .end Telephone Number)

Attomeys (I "r

... ilI..

'1'1:1

Trina Mengeslut. (1'59458), Equal Employmcnl Opportunity COllunissiol\, 477 Michigan A venue, Room

MAGISTRATE JUDGE PAUL J. I<OMIVE;S

865. Detroit. M I 4g226 (313) 226-4620

II. BASIS OF JURISDICTION (Placoan "X" in Ono 8oxOnlYI

III. CITIZENSHIP OF PRINCIPAL PARTIES IPI.", an "X" in One BoxiorPI.b>,;n

(For Dll/atsity Cijjses. Only)

and OnE!! Box for Defendaflt)

lKI' U '. GoVelnl'rlar)r PlalnUfI'
2 U.S. Government Defendant

U J Fed/i!roi:ll Question
(U.S. Government Not a Party)
0 4 Diversity {Indicate Citizenship of Parties

Cjli~en of This State Citizen of />oIlotner'

PLA DEF
Ii I [] 1
, 1...1 l

PLA DEF

0 0 Incorporated or Principal Plal;e 4

4

01 Businlii!lj:!) In This State

r Incorporated 8nd Principal

15 I If,

of Business In Anothlu State

IriitetTI 111)

0 3 03 Citllen or Subject Qf iii

Foreign Nation

~oreiqn Countrv

Us 6

IV. NATURE OF SUIT (place an "X" in Ono 90< Only)

C0NT~I\C'l'

TORTS

l"OR~'EITURE/PENALTY

8ANKRt1P~CY

OTHI:::R STliTUTES

CJ 1 1 0 Insurance
n 120 MarinD

0 130 Millef Ad

CJ 1-40 Negotiable Ins1rumel1l
n 150 Rew'Iery {Jf
OIJerpaymell! and

Enfo~mt!nt

\

0( Judgmel'lt

n 151 Medicillrt'! A!:I

("I 15::1 RecoIJery of Defaulted Student Loal\~
(~X"cl. Vcterill1S)

PERSONAL INJURY
U 3i 0 Aillllane
n 315 Airpliilnc Product
l-Iallility U
320 Assault Ub01 And5la[1der
1..1 330 Fed-eril! E.mplcyer~'
li!'ll)llIty
0 3.40 M;]rim~ U 345 Marine product

pERSONAL INJURY U 610 Agrlcullulr;

0 362 Perl.onallnjury- iJ 620 Other Food & Drug

Med. Mslpradierl:i 0 625 Drug Rellli.ed Seizure

n 365 ~.ro~onue'tl'IlSnl~iit l·

IJ

cfPmp!!rty2i: !!u1 630 Liquor LaWII

r I 0 35B Asbe8to~ ~er~bn;.11 640 R.R. I]. TruG!<;

In~uy Product

L.i$bi1ity

U 650 Airline Regs.

U 660 O~~p~IiQI1:,it

PERSONAL f.'hDPERTY

S~felylH~~lttl

o 370 Oltl/ltr Friilud

LJ 690 Other

n 422 Appl!:sl 2S USC 158
U 423 Withdrawal 28 USC 157
PROPERTY RIGt~TS
0 1120 Cupyr!ghb; r1 IBO Patent U 640 Tradel'lI;.'l(~

U 400 Slate ReappOr119h!\I!~ni
n 41 0 Antitrust o 430 8.mks iill'ld Banking
U 450 Commetc~JICC II 460 Deportation
0 470 RaGketeer Inlluented &
COIT\If'\ Orilllnizaliona
U 810 Selective Se(vice
0 aso se,(U rtHc.vCf>m /1'I1)Ij Itl;,.&1
F.xr)l1lf'l!l0

or 01 Recovery 01 OVfOIPilYII)t!n(

li.:Wllily

Vdet.;!lln'~ el;nf;m:;

I I 350 Motor Vehicle

1.1 3/1 Truth ~ Lelll,lIng 0 380 Qt"l;!r PI;n;onal

160 Sto~holdefs' Suits
n 1610 Oltlor Contract

0 3(;5 Motor Vohicle f·'rodud liability

Proper1~ D"rrJ~!J¢
0 185 Property Damage

II

1..1 185 Contr~ct Product LIOlbilrty . Q -~!S.?thl:r P~sonal nJury

Product Liability II

REAL PROPERTY ,r"" (,;IV L RIGHTS PRISONER PETITIONS

o n
0

,10 2.20

Land c.nd.mn"iO~,(
Foroclo:;;u~

[] 441 l/011f'l9
~""~.ym,,,,

II 230 R~rri Ltlll~~ g, Ei~dm","l

4 . liol,1.$in~f

U
n 5t 0 Motions to VaciSl~1!!i

Sontence

0

HabeaB C:O(pu~:

0 2.40 Tort, to Land 1""1 245 Tort Product Liability

A(..o;:(l(l1nlo<llillI0n~
o 444 WeHar~

0 530 GI:f1(lra!
n 5:1.5 Death Penalty

[J

n 0 :;90 All OIMr R€I(oI P«)pMl'

4"'0 Other Ci\lil Rig"t~ 0 540 Miinil"'lll\l~ & OIlier I.J

0 550 CiIJil Rig"ts

LABOR
71 Cl f~rlQl)l;1r500Msrds /oct
720 LaborlMgmt.
RII!J~IJQI'!.$
"30 L~j)I)f/Mgmt. Reporting
Am & ()~~I)iiln
740 R~IWi:lY L~bor AC1
790 Oth.;r \'~"Qr Utigstion
791 Erupl. ~~1. hlc.
Sel;;l,.Irily Act

50CiAL SECURITY
0 IIBI H IA (1 :l96fO 0 8G2 81ao.. Lung (923) 0 003 DllhC/OJWWI405(Q)']
n 964 SSID Tilte XVI
0 '1;C.i "511405(911
FEDERAL TAX SUITS
o ij70 TlIJ(e~ (U.S. Plaintiff or Derendant)
n 671 IRS-Third Party
26 USC 7609

o 61S Cl,1sromer Challenge 12 LlSC3410
o 891 Agrieulhlral A~5 o 892 E.conomic $t.llblli;.;tl1ln At.j
o B93 Ei1Vlroom"ntElI Malt~r$
rl 894 Energy Allocation Act o 895 Froedom of
Informa~(JI1 Ar::;1
n 900 ~:~~~'~~~i~~ Under !=quilll Ar,:t;(I~1;o \1) .JIJ~tlc",
o 950 Constitutionality of
Stato Ststutell
o 890 Qtl1er :;1~1\./IQf)' A."'.(jQr1$

. [J 555 Prl!llorl CI,lhdiiicm
(PLACE AN "X" IN ONE BOX ONLVI

RemolJed from SI~,e Cour!

LJ' Rernanded r~()m Appellate Court

n 4 Reinstated Of Rea en

Tran:sfem:d from
U another dl~tr!c:t
5 lapecify)

n 6 Multi distMct L,i~ig~tion

Appeal to
Oi~triet
U 7 Judge from
~gi$h<i\te

VI. C USE OF ACTION (Cite th8lJ.~, Civil Sl~jute under which you are rlung ;and w~ilc brMlf :stalementof caus13.
Do not eRe Junsdictlonal :!Io\;lIIIJt** unlc$lI diversity.)

This is an action under Title VII of tho Civil RighI> Act of 1%4, and Title I of the Civil Rights Act of 1991 to CQrr""t unlawful employment

o nr"!~,...ti"'f'(l 011 thp hf\(li~ nf.ql":N
VII. REQUESTED IN

CHECK IFlfllS IS A CLASS ACTION

COMPLAINT:

n UNDER F R.C.P,

$DEMAND

(See

VIII. RELATED CASE(S) i"s'rud;.ns),

IF ANY

JUDGE

DOCKET

.....

NUMBER

DATE

TI.)Rt: OF ATIORNEY OF RECQRO

Case 2:05-cv-72515-VAR-PJK Document 1 Filed 06/24/2005 Page 7 of 7

PURSUANT TO LOCAL RULE 83.11

1.

Is this a case that has been previously dismissed?

If yes, give the following information: Court: _ _ _ _ _ _ _ _ _ _ _ _ _ _ __

Case No.: _ _ _ _~_ _ _ _ _ _ _ _ _ _ __ Judge: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __

2.

Other than stated above, are there any pending or previously

discontinued or court, including

dstisamteiscsoeudrt?co(mCpoamnpioanniocansceassiensthairseomr aantteyrosthiner~j~~(.ye. s

it appears substantially similar evidence will be offered or the s me

or related parties are present and the cases arise out of the sam .....

.

transaction or occurrence.)

If yes, give the following Information: Court: ________________________________

Case No.: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ Judge: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __

Notes:

 
 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff
vs.
B & V CONSTRUCTION, Defendant

205 CV 72515 Hon. Victoria Roberts

And

DOUGLAS HASKINS, Intervening Plaintiff

vs.

B & V CONSTRUCTION,

Defendant

____________________________________________________________________/

ROBERT K. DAWKINS P38289

ALAN B. POSNER P27981

TRINA R. MENGESHA P59458

Kelman Loria, PLLC

Equal Employment Opportunity

Attorneys for Intervening Plaintiff

Commission

660 Woodward Avenue, Suite 1420

Attorneys for Plaintiff EEOC

Detroit, MI 48226

477 Michigan Avenue Suite 865

313-961-7363 ext. 229

Detroit, MI 48226

313-961-8875 (fax)

313-226-7636

313-226-5673 (fax)

ROBERT J. FINKEL P13435 MICHAEL L. WEISSMAN P51437 Finkel, Whitefield et al. Attorneys for Defendant 32300 Northwestern Hwy., Suite 200 Farmington Hills, MI 48334-1567 248-855-6500 Fax: 248-855-6501 ____________________________________________________________________/

COMPLAINT OF INTERVENING PLAINTIFF

I. JURISDICTION AND PARTIES

1. Intervening Plaintiff Haskins is a resident of the State of Michigan. 2. Defendant is a corporation doing business in the Eastern District of the State of Michigan. At all times pertinent Defendant has been engaged in an industry affecting commerce and has had at least 15 employees. 3. Jurisdiction of Count I and Count II is based on federal question pursuant to 42 USC §2000e(2)-(5) (Title VII). Jurisdiction of Count III is based on the supplemental jurisdiction of this court pursuant to 28 USC §1367. 4. Haskins filed a charge with the Equal Employment Opportunity Commission more than 30 days prior to the institution of this lawsuit by the EEOC. All requisite administrative conditions precedent have been fulfilled.
COUNT I: TITLE VII SEX DISCRIMINATION 5. Haskins became employed by Defendant in 1999 as an operator of heavy equipment. 6. At all times pertinent, Haskins' supervisor was Tim Sullivan. 7. On innumerable occasions since at least October 2002, Sullivan, while acting in the scope of his employment, subjected Plaintiff to grossly offensive sexually explicit comments, assaults, and batteries which were severe and pervasive and thereby substantially interfered with the terms and conditions of Plaintiff's employment, creating an offensive, hostile, and intimidating working environment. 8. On several occasions, Plaintiff complained of Sullivan's behavior to one or more members of upper management having disciplinary authority, including the right to terminate. 9. Defendant failed to take prompt remedial action in response to those complaints.
2

10. Defendant retaliated against Plaintiff in response to his complaints by intimidating actions and subjecting Plaintiff to hazardous working conditions. 11. As a direct result of the hostile working environment and the retaliation he suffered as a consequence of his complaints, Plaintiff's working conditions were rendered intolerable to the point where he became emotionally disabled, was constructively discharged by Defendant, and was compelled to take an indefinite leave from employment. 12. Pursuant to 42 USC §2000e et seq., Defendant had a duty to Plaintiff to refrain from: a) discriminating against him with respect to compensation, terms, conditions, and privileges of employment because of his sex, b) limiting, segregating, or classifying him for employment in a way which would deprive or tend to deprive him of employment opportunities or otherwise adversely affect his status as an employee because of his sex. 13. In willful violation of those duties, Defendant, through its agents and employees, harassed, insulted, belittled, humiliated, assaulted, battered and demeaned Plaintiff on account of his sex, otherwise limited his employment opportunities, and caused his disability all on account of his sex. 14. The conduct of Defendant’s management and employees was committed with malice, was intentional, and displayed reckless indifference to the rights of Plaintiff. 15. As a result of Defendant's discrimination, Plaintiff has suffered a loss of employment opportunities as well as wages and other benefits, and has suffered severe and disabling mental and emotional anguish and distress, embarrassment, humiliation, harm to reputation, and loss of enjoyment of life.
Plaintiff demands judgment against Defendant as follows:
3

a. Compensatory and punitive damages in the sum of $10,000,000 or such other sum as is deemed just and equitable under the circumstances;
b. If and when Plaintiff's emotional condition permits, reinstatement to his rightful position upon conditions free from discrimination and retaliation;
c. Pre-judgment and post-judgment interest, costs, and attorney fees; d. Such other legal or equitable relief as this court deems just in the
circumstances. COUNT II: TITLE VII RETALIATION
16. Plaintiff incorporates all allegations above. 17. Pursuant to 42 USC §2000e et seq. at all times pertinent, Defendant had a duty to refrain from discriminating or retaliating against Plaintiff because Plaintiff opposed a practice made unlawful by Title VII. 18. The complaints that Plaintiff made to Defendant's management constituted opposition to sex discrimination and harassment and to a hostile working environment based on sex, and therefore constituted opposition to practices made unlawful by Title VII. 19. Defendant breached its duty by subjecting Plaintiff to intimidation and hazardous working conditions, and by constructively discharging Plaintiff in retaliation for his opposition to practices made unlawful by Title VII. 20. As a direct result of Defendant's breach of statutory duty, Plaintiff suffered all of the injuries and damages as alleged in Count I.
Plaintiff demands judgment against Defendant as sought in Count I. COUNT III: VIOLATIONS OF MICHIGAN ELLIOTT LARSEN CIVIL RIGHTS ACT
4

21. Plaintiff incorporates all allegations above.

22. At all times pertinent, Defendant was an employer and Plaintiff was an employee

within the meaning of the Michigan Civil Rights Act, MCLA §37.2101 et seq.

23. Pursuant to that Act, Defendant had a duty to Plaintiff to refrain from discriminating

against him with respect to his employment, compensation, or terms, conditions, or

privileges of employment because of his sex, or otherwise to deprive him of employment

opportunities or adversely affect his employment status because of sex, and to refrain from

retaliating or discriminating against Plaintiff because he opposed a violation of that Act.

24. In willful violation of those duties, Defendant committed the acts as alleged in the

previous counts.

25. As a result of Defendant's discrimination and retaliation, Plaintiff suffered all of the

injuries and damages alleged in Count I, as well as sense of outrage.

Plaintiff demands judgment against Defendant as sought in Count I.

PLAINTIFF DEMANDS TRIAL BY JURY

Kelman Loria, PLLC

August 22, 2005

By:__________________ Alan B. Posner 660 Woodward Ave., Suite 1420 Detroit, MI 48226 (313) 961-7363 Ext. #229

5

 
 tt;, ORIGINAL

F'I L

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff, and

Case No. 2:05CV72515 Hon. Victoria A. Roberts

DOUGLAS HASKINS, Intervening Plaintiff,
v.
B&V CONSTRUCTION, Defendant.

CONSENT DECREE

~ ~ :v:;2~~ IE ~
CLERK'S OFFICE
u.s. OISTAIC I COURT

This matter is before the Court for entry of this judgment by consent of the parties in order

to effectuate a compromise and settlement ofall claims. After careful review and consideration, the

Court believes that entry of this judgment is in the interest ofjustice.

1. Plaintiff, the United States Equal Employment Opportunity Commission ("the EEOC"),

commenced the above entitled action on June 25, 2005, in the United States District Court

for the Eastern District of Michigan, Southern Division, alleging that the Defendant, B&V

Construction Company ("B&V"), engaged in unlawful employment practices towards

Douglas Haskins which violated Title VII of the Civil Rights Act of 1964, as amended, 42

U.S.C. § 2000e et. seq. ("Lawsuit").

2. Defendant B&V denies all allegations pertaining to unlawful employment practices alleged

in the EEOC's Complaint.

3. As a result ofsettlement discussions, the EEOC and B&V have resolved their differences and

have agreed that this action should be settled by entry ofthis Consent Decree. It is the intent

of the parties that this Consent Decree be a final and binding settlement in full disposition

of any and all claims alleged against B&V or which might have been alleged against B&V in the Complaint filed on behalf of Charging Party Douglas Haskins and other similarly situated male employees.
STIPULATED FACTS
4. The Parties stipulate and agree that the EEOC is the agency ofthe United States government authorized to investigate allegations of unlawful employment discrimination, to bring civil actions to prohibit unlawful employment practices and to seek relief for individuals affected by the practices complained of in this lawsuit.
5. B&V is an employer engaged in an industry affecting commerce within the meaning of Section 701(g) and (h) of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. 2000e(g). B&V had at least fifteen (15) employees for twenty (20) or more calendar weeks during the relevant time period.
6. Pursuant to Title VII, the Parties acknowledge the jurisdiction of the United States District Court for the Eastern District of Michigan (Southern Division) over the subject matter and the Parties to this case for the purpose of enforcing the provisions of this Decree if such enforcement becomes necessary.
7. Venue is appropriate in the Eastern District ofMichigan (Southern Division). For purposes ofthis Decree and proceedings related to this Decree only, the Parties agree that all statutory conditions precedent to the institution of this lawsuit have been fulfilled.
NON-ADMISSION
8. This Decree, being entered with the consent of the EEOC and B&V, shall not constitute an adjudication or finding on the merits ofthe case and shall not be construed as an admission -2-

by B&V of any violation ofTitle VII or any other federal law, rule or regulation dealing with or in connection with equal employment opportunities.
MONETARY RELIEF
9. For purposes ofthis Consent Decree, Haskins will be allocated $42,500 from the monies he is receiving from B&V to resolve the Title VII claim brought on behalfof Haskins. A copy of each check shall be sent to Laurie A. Young, Regional Attorney, care of Omar Weaver, Trial Attorney, EEOC, 477 Michigan Avenue, Room 865, Detroit, Michigan 48226, within fifteen days of issuance of the check. No monies will be paid Haskins under this Consent Decree.
10. In addition, Mark Keith will receive $20,000.00 and John McIntosh will receive $30,000.00 in monetary compensation. B&V shall issue 1099 forms for the respective amounts in the ordinary course of business. Keith's funds shall be paid in a lump sum and mailed via certified mail to his home address, which is 1091 Chesaning Road, Montross, MI48457. McIntosh's funds shall be paid in a lump sum and mailed via certified mail to his home address, which is 1776 Big Trail Road, Walled Lake, MI 48390.
NON-MONETARY RELIEF
11. B&V agrees to develop a sexual harassment policy which complies with the anti-harassment provisions ofTitle VII ofthe Civil Rights Act of 1964, as amended. The policy shall contain a procedure for reporting instances of harassment and shall clearly state who an individual may complain to about sexual harassment. Further, the policy shall state that anyone who violates its provisions shall be subject to discipline up to and including discharge. This policy shall be developed no later than sixty (60) days after the entry ofthis Decree. A draft -3-

policy shall be sent to Omar Weaver, at the previously provided address, for the Commission's approval no more than sixty (60) days after the policy is received from B&V.
NON-DISCRIMINATION
12. B&V, its officers, agents, employees, successors, assigns and individuals in active concert of participation with it, shall comply with Title VII's requirements. Such compliance shall include providing a work environment free from unlawful harassment.
NON-RETALIATION
13. B&V through its directors, officers, agents, successors, assigns and employees, shall not take any action against any person which constitutes intimidation, retaliation, harassment or interference with the exercise of such person's rights under Title VII, which forms the basis for the present case, or because such person gave testimony or assistance or participated in any manner in any investigation or proceeding in connection with this case under Title VII.
TRAINING
14. B&V agrees to provide training to its owners, managers, supervisors and all other employees on Title VII of the Civil Rights Act of 1964, as amended and its prohibitions against sexual harassment. The training will be provided by The Fishman Group. All such training sessions must take place within four (4) months of the entry of the Decree. In addition, B&V shall also provide detailed sexual harassment training to all new managers, supervisors and employees pursuant to its sexual harassment policy which is disseminated to each newly hired employee. This training shall include an overview ofB&V's sexual harassment policy and the complaint mechanisms in place if he/she believes that they are being harassed.
-4-

During the time that this Decree is in effect, Defendant shall provide the Commission with copies of its training efforts, including the dates of training, format of the training and the names of the attendees.
POSTING OF NOTICE
15. B&V agrees to post a mutually agreeable Notification, attached as Attachment A, in a conspicuous place which sets forth an employee's rights regarding the federal anti-discrimination laws. This Notice shall be posted for sixty (60) days from the entry of this Decree. Should any posted copies of the Notice become defaced, marred or otherwise made unreadable, B&V agrees to post a readable copy ofthis Notice in the same manner as soon as practical thereafter.
DURATION
16. The provisions of this Consent Decree shall remain in full force and effect for one (1) year upon entry of the decree.
DISPUTE RESOLUTION AND COMPLIANCE
17. The Court shall retain jurisdiction and will have all available equitable powers, including injunctive relief, to enforce this Decree. Upon motion of either party, the Court may schedule a hearing for the purpose of reviewing compliance with this Decree. The parties shall engage in a good faith effort to resolve any dispute as to compliance prior to seeking review by the Court, and shall be required to give notice to each other ten (10) days before moving for such review. All parties may conduct expedited discovery under the Federal Rules of Civil Procedure for purposes of determining compliance with this Decree or
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defending against a claim of non-compliance, with fifteen (15) business days notice for depositions, and with fifteen (15) business days for responses to written discovery.
MISCELLANEOUS
18. The Parties agree to pay their respective costs and attorneys fees associated with the investigation, institution and pursuit of this matter including the drafting and enforcement of this Agreement.
19. If any provision of this Decree is found to be unenforceable by a Court, only the specific provision in question shall be affected and the other enforceable provisions shall remain in full force.
20. This Decree constitutes the entire agreement and commitments of the Parties identified in paragraph 1. Any modifications to this Agreement must be mutually agreed upon in writing and signed by the Parties.
21. This Consent Decree constitutes the entry of final judgment, within the meaning of Rule 54 ofthe Federal Rules of Civil Procedure, on all claims asserted in or which might have been asserted in this action. This Court retains jurisdiction over this matter, however, for the purpose of entering appropriate orders interpreting and enforcing this judgment.
22. The terms of this Consent Decree are and shall be binding upon the present and future owners, officers, directors, employees, creditors, agents, trustees, administrators, successors, representatives, and assigns ofB&V.
IT IS SO ORDERED:

'n TLHe ~JluL s.en....c. ue,..,go.,..
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RICT COURT JUDGE
.VICTORfA A. ROBERTS

WE HEREBY CONSENT:

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
JAMES L. LEE Deputy General Counsel
GWENDOLYN YOUNG REAMS Associate General Counsel

B&V CONSTRUCTION CO.
BY: THE FISHMAN GROUP
STEVEN J. FISHMAN (P13478) DONALD H. SCHARG (P29225) Attorneys for Defendant 40950 Woodward Avenue, Suite 350 Bloomfield Hills, MI 48304 (248) 258-8700

ROBERT K. DAWKINS (P-38289) Supervisory Trial Attorney
OMAR WEAVER (P58861) Trial Attorney DETROIT DISTRICT OFFICE Patrick V. McNamara Federal Building 477 Michigan Ave, Room 865 Detroit, Michigan 48226 (313) 226-3407

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ATTACHMENT A NOTICE
This Notice is being posted as part of a settlement agreement between B&V Construction Company and the United States Equal Employment Opportunity Commission ("EEOC") and to inform you of your rights guaranteed by the federal law under Title VII of the Civil Rights Act of 1964,42 U.S.c. §2000e, et seq. ("Title VII"). The Notice is posted in connection with a Consent Decree entered by the United States District Court for the Eastern District of Michigan in Equal Employment Opportunity Commission v B& V Construction Company, (Case No. 05-72515).
Title VII prohibits sexual harassment in the workplace. The Equal Employment Opportunity Commission is the federal agency which investigates charges of unlawful employment discrimination and, ifnecessary, brings lawsuits in federal court to enforce the employment positions ofTitle VII. Any employee who believes that he/she is the victim ofsexual harassment has the legal right to file a charge of discrimination with the U.S. Equal Employment Opportunity Commission.
B&V Construction Company supports and will comply with this federal law in all respects and will not take any action against any employees because they have exercised their rights under this law.

Dated

B&V CONSTRUCTION COMPANY

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

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U.S. District Court Eastern District of Michigan (Detroit) CIVIL DOCKET FOR CASE #: 2:05-cv-72515-VAR-PJK

CLOSED

Equal Employment Opportunity Commission v. B & V Construction Assigned to: Honorable Victoria A Roberts Referred to: Honorable Paul J Komives Cause: No cause code entered

Date Filed: 06/24/2005 Date Terminated: 05/12/2006 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

Plaintiff
Equal Employment Opportunity Commission

represented by Adele Rapport Equal Employment Opportunity Commission 477 Michigan Avenue Room 865 Detroit, MI 48226 313-226-5670 Email: Adele.Rapport@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Robert K. Dawkins Equal Employment Opportunities Commission 477 Michigan Avenue Suite 865 Detroit, MI 48226 313-226-4600 Fax: 313-226-2778 Email: robert.dawkins@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Trina R. Mengesha Equal Employment Opportunities Commission 477 Michigan Avenue Suite 865 Detroit, MI 48226 313-226-4600 Fax: 313-226-2778 Email: trina.mengesha@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Omar Weaver

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Intervenor Plaintiff Douglas Haskins TERMINATED: 08/22/2005 V. Defendant B & V Construction
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Equal Employment Opportunities Commission 477 Michigan Avenue Suite 865 Detroit, MI 48226 313-226-5670 Fax: 313-226-5673 Email: omar.weaver@eeoc.gov ATTORNEY TO BE NOTICED
represented by Donald H. Scharg Fishman Group 40950 Woodward Avenue Suite 350 Bloomfield Hills, MI 48304 248-258-8700 Email: dscharg@fishmangroup.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Michael L. Weissman Finkel, Whitefield, 32300 Northwestern Highway Suite 200 Farmington Hills, MI 48334-1567 248-855-6500 Fax: 248-855-6501 Email: mweissman@fwslaw.com TERMINATED: 09/13/2005 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Robert J. Finkel Finkel, Whitefield, 32300 Northwestern Highway Suite 200 Farmington Hills, MI 48334-1567 248-855-6500 Fax: 248-855-6501 Email: rfinkel@fwslaw.com TERMINATED: 09/13/2005 LEAD ATTORNEY
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ThirdParty Plaintiff Douglas Haskins
V. ThirdParty Defendant B & V Construction

Steven J. Fishman Fishman Group 40950 Woodward Avenue Suite 350 Bloomfield Hills, MI 48304 248-258-8700 Email: sfishman@fishmangroup.com ATTORNEY TO BE NOTICED
represented by Alan B. Posner Kelman, Loria, 2300 First National Building 660 Woodward Avenue Detroit, MI 48226-3588 313-961-7363 Email: alposner@kelmanloria.com ATTORNEY TO BE NOTICED
represented by Donald H. Scharg (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Michael L. Weissman (See above for address) TERMINATED: 09/13/2005 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Robert J. Finkel (See above for address) TERMINATED: 09/13/2005 LEAD ATTORNEY

Date Filed
06/24/2005 07/14/2005 08/05/2005

#

Docket Text

1 COMPLAINT filed by Equal Employment Opportunity Commission against B & V Construction.(NHoll, ) (Entered: 06/27/2005)
2 MOTION to Intervene by Douglas Haskins. (NHoll, ) (Entered: 07/15/2005)
3 ANSWER to complaint with affirmative defenses by B & V Construction.(DPer, ) (Entered: 08/08/2005)

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08/11/2005 08/18/2005 08/22/2005 08/25/2005 08/26/2005 09/13/2005 09/14/2005 09/29/2005 09/30/2005 10/03/2005
10/11/2005
05/12/2006

4 RESPONSE to 2 Motion to intervene filed by Equal Employment Opportunity Commission. (DPer, ) (Entered: 08/11/2005)
5 ORDER granting 2 Motion to Intervene- Signed by Honorable Victoria A Roberts. (NHoll, ) (Entered: 08/18/2005)
6 THIRD PARTY COMPLAINT Complaint of Intervenor filed by Douglas Haskins against B & V Construction (Posner, Alan) (Entered: 08/22/2005)
7 ANSWER to third party complaint with affirmative defenses by B & V Construction.(DPer, ) (Entered: 08/26/2005)
8 NOTICE TO APPEAR: Scheduling Conference set for 9/30/2005 02:30 PM before Honorable Victoria A Roberts. SEE IMAGE FOR ADDITIONAL DEADLINES(CPin, ) (Entered: 08/26/2005)
9 ATTORNEY SUBSTITUTION for B & V Construction, B & V Construction: Donald H. Scharg added. Attorney Robert J. Finkel terminated..(Scharg, Donald) (Entered: 09/13/2005)
10 NOTICE of Appearance by Steven J. Fishman on behalf of all defendants. (Fishman, Steven) (Entered: 09/14/2005)
11 [FILING ERROR: signatures below signature line]DISCOVERY plan jointly filed pursuant to Federal Rules of Civil Procedure 26(f).(Weaver, Omar) Modified on 9/30/2005 (DPer, ). (Entered: 09/29/2005)
Minute Entry -Scheduling Conference held on 9/30/2005 before Honorable Victoria A Roberts. (CPin, ) (Entered: 10/06/2005)
12 [FILING ERROR: document not signed in accordance with Rule 9 of the Electronic Filing Policies and Procedures]NOTICE of Appearance by Omar Weaver on behalf of Equal Employment Opportunity Commission. (Weaver, Omar) Modified on 10/4/2005 (DPer, ). (Entered: 10/03/2005)
13 [STRICKEN - Rule 26(a)(1) Disclosures]NOTICE of Disclosure of FRCP 26 Initial Disclosures, by B & V Construction Defendant's FRCP 26 Initial Disclosures (Scharg, Donald) Modified on 10/12/2005 (DPer, ). (Entered: 10/11/2005)
14 CONSENT DECREE. Signed by Honorable Victoria A Roberts. (CGre, ) (Entered: 05/17/2006)

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