IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN I)~g~RICT OF ILLINOIS

iU.S. EQUAL EMPLOYMENT

) ¯ ¯

OPPORTUNITY COMMISSION, )

~o.~.~a~r~ ~~’[~]~/~.~/~

Plaintiff, I
!UNITED AIRLINES,

)
)
)
) ) ..... JURY TRIAL DEMANDED

Defendant.

NATURE OF’THE ACTION This is an action under Title VII of the Ciyil Rights Act of 1964, as amended, 42 U.S.C.
§ 2000e et se~ ("Title vii"), and Title I of the Civil Rights Act of 1991, 42 U.S.C. § 1981a, to
correct unlawful employment practices on the basis of sex and race and to provide appropriate relief to Phyllis E. Powell ("Powell" or "ChargiiigParty"), who was adversely affected by such practices. The U.S. Equal Employment Opportunity Commission ("EEOC" or "Commission") alleges that Defendant United Airlines ("Defendant") discriminated against Charging Party on the basis of her sex, female, and race, Black by subjecting her to sex and race harassment. EEOC also alleges that Defendant retaliated against Charging Party after she complained of employment discrimination by subjecting her to different terms and conditions of employment and by discharging her, in violation of Title VII.
JURISDICTION AND VENUE 1, Jurisdiction of this Court is invoked pursuant to 28 U.S.C. §§ 451, 1331, 1337, 1343 and 1345. This action is authorized and instituted pursuant to Sections 706(0(1) and (3) of Title

VII, 42 U.S.C. § 2000e-5(f)(1) and (3), and pursuant to Section 102 of the Civil Rights Act of 1991, 42 U.S.C. § 1981a.
2. The employment practices alleged to be unlawful were committed within the urisdiction of the United States District Court in.the Northern District of Illinois, Eastern ’Division.
PARTIES 3. PlaintiffU.S. Equal Employment Opportunity Commission (the "Commission"), is an agency of the United States of America charged ~¢ith the administration, interpretation and enforcement of Title VII and is expressly authorized to bring this action by Sections 706(f)(1) and (3) of Title VII, 42 U.S.C. § 2000e-5(f)(1) and (3). 4. At all relevant times Defendant United AMines ("Defendant") has been and is now an Illinois corporation doing business in the State of Illinois and has continuously had and does now have at least fifteen (15) employees. 5. At all relevant times, Defendant has. continuously been an employer engaged in an industry affecting commerce within the meaning of Sections 701(b), (g) and (h) of Title VII, 42 U.S.C. §§ 2000e-5 (b), (g) and (h).
STATEMENT OF CLAIMS 6. More than thirty (30) days prior to the institution of this lawsuit, Powell filed a charge with the Commission alleging violations.o.f Title VII by Defendant. All conditions precedent to the institution of this lawsuit have been fulfilled. 7. Since at least June 1999, Defendant has engaged in unlawful employment practices at its O’Hare Airport facility in violation of Section 703(a) of Title VII, 42 U.S.C. § 2000e-2(a). These practices include, but are not limited to subjecting Powell to unwelcome touching, sexual

:omments, ethnic slurs and otherwise harassing her on the basis of her sex, female, and race, Black, and subjecting her to retaliation when she complained of the employment discrimination
f~at included subjecting her to different terms and conditions of employment and discharging
8. The effect of the practices complained of in paragraph 7 has been to deprive Powell ~of equal employment opportunities and otherwise adversely affect her status as an employee ’because of her sex, female and race, Black.
The unlawful employment practices complained of in paragraph 7 above were intentional.
11. The unlawful employment practices complained of in paragraphs 7 and 8 above were done with malice or with reckless indifference to the federally protected rights of Powell.
PRAYER FOR RELIEF WHEREFORE, the Commission respectfully prays that this Court: A. Grant a permanent injunction enjoining Defendant, its officers, management persormel, employees, agents, successors, assigns and all persons in active concert or participation with it, from engaging in any employment practice which discriminates on the basis sex and race. B. Order Defendant to institute and carry out policies, practices and programs which provide equal employment opportunities for its employees regardless of sex and race and which eradicate the effects of its past and present unlawful employment practices. C. Order Defendant to make whole P0well by providing appropriate back pay with prejudgment interest, in amounts to be determined at trial, and other affirmative relief necessary to eradicate the effects of its unlawful employment practices.

D. Order Defendant to make whole Powell by providing compensation for pecuniary losses resulting from the unlawful employment practices described in paragraph 7, above, in
lamounts to be proved at trial. E. Order Defendant to make whole Powell by providing compensation for non-
ipecuniary losses resulting from the unlawful practices complained of in paragraph 7 above,
including pain, suffering, emotional distress, inconvenience and mental anguish, in amounts to be proved at trial.
F. Order Defendant to pay Powell punitive damages for its malicious and reckless conduct, as described in paragraph 7, in amounts.to be proved at trial.
G. Grant such further relief as the Court.deems necessary and proper. Grant the Commission its costs in this action. JURY TRIA~’i~EMANDED
The Commission requests a jury trial on.all questions of fact raised by the Complaint.

Respectfully submitted,
NICHOLAS INZEO Acting Deputy General Counsel
GWENDOLYN YOUNG REAMS ............. Associate General Counsel
.. i . U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 1 ~Street,N. W/(
~’~aashil~on, 121~C. 2~07. , ,,

¯ / ,//
~u

Jo~ C. Hendfi~;~ Re~i ~nal Attorney
Oelle Bre~an pe~iso~ Trial Attorney

liace Calho~ " ~1 Attorney
U. S. Equal Employment Opportunity Commission
Chicago District Office 500 West Madison Street Suite 2800 Chicago, Illinois 60661 (312) 353-7259

Civil Cover Shee

http://www.ilnd.uscourts.gov/PUBLIC/Fomas/auto..js4

UNITED STATES i)]STRICT COURT NORTHERN DISTRICT OF ILLINOIS_
Civil Cover Sheet

4 5 9

This ,utomated JS-44 conforms generally to the manual JS-44 approved by the Judicial Conference of the United States in Sept~ mber 1974, The data is required for the use of the Clerk of .,purt for the purpose of initiating the civil docket sheet. The infotq nation contained herein neither replaces nor supplements the. filing and service of pleadings or other papers as required by law. fhis form is authorized for use ~ in the Northern District ofIllinois.

Pin.ntiff(s): U.S. EQUAL EMPLOYMENT OP PORTUNITY COMMISSION
Co~mty of Residence:

Defendant(s):UNITED AIRLINES County of Residence:

2 7.200;

Plaintiffs Atty: June Wallace Calhoun

Defendant’s Arty:

Equal Employment Opportunity

Corrtmission

500 West Madison St., Ste.

2800, Chicago, IL 60661

(312) 353-7259

Julie E. LaEace Seyfarth, Shaw, Fairweather & Geraldson 55 East Monroe St., Ste.4200, Chicago, Illinois 60603 (312) 269-8833

II.,,Basis of Jurisdiction: III.Citizenshipo f Principal

1. U.S. Gov’t Plaintiff .......

:’

Plaintiff:- N/A

: ::~:>: .....

’:

Defend~t:- N/A

:-:.::.:- ¯

IV~ Odgin ¯

1. Original Proceeding

V. ~Nature of Suit:

442 Employment

VI:Cause of Action: .,

Title VII of the Civil Rights Act of 1964 and Title I of the Civil Rights Act of 1991 to correct the unlawful employment practices on the basis of race, sex and retaliation.

VI Requested in Complaint

Class Action:

Dollar Demand:

Jury Demand: Yes .......

VIII. This case IS NOT a refiling of a previously dismissed case.

I~’ITED STATES DISTRICT C(~’RT NORTHERN DISTRICT OF ILLINOIS
In the M~ttter of
U.S. Eqt al Employment Opportunity Commission, Plaintiff,

JUN % ? ZOOZ

United Mines, Defendant.

MAGISTllATE JUDGE DENLOW

APPEAt UkNCES ARE HEREBY FILED BY THE UNDERSIGNED AS ATTORNEY(S) FOR:

Plaintiff, U.S, EQUAL EMPLOYMENT OPPORTUNIT~.~OMMISSION

(A)
"U~allace Calhoun " F~ Eq!al Employment Opportunity Commission
Sr~E~^O~S500 W. Madison St., Suite 2800 Chicago, IL 60661
T~LE~nO~EI a~UBER312-353 -7259

Equal Employment Opportunity Commission ST~ET ADDRESS ~°~ss500 W. Madison St., Suite 2800
Chicago, IL 60661 V~E~aO.~..UMBER312-353-7582

TRLAL ATTORNEY?

YES

’

I

~L A~O~EY? DESIGNA’fED AS LOCAL COUNSEL?

YES

X NO

ws [] .o []

~’~ EqualI Employment Opportunity Commission

\~ ~/ 5,,~0 W.: Madison bt., Suite 2800

’ vJ CITY/$TAT

~ZiCP hicago,

IL

60661

SIGNATURE NAME FIRM
CITY/S’~ATE/ZIP

[

IDENT1FI~TION NUMBER (SEE ITEM 4 ON ~VE~E)

¯ ~AL A~O~EY?,

YES X

 
 FOR THE NORTHERN DISTRICT OF ILLINOIS

D

EASTERN DIVISION

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,

’ MICHAEL
"

Plaintiff,
PHYLLIS POWELL, Intervenor,

No. 02 C 4594
Judge Suzan e Con on

VQ

Magistrate Judge Morton Denlow

UNITED AIR LINES, INC. D/B/A UNITED AIRLINES,

Jury Trial Demanded

Defendant,

INTERVENOR’S COMPLAINT

Intervenor Phyllis Powell, by her attomeys Favaro, Buzek & Gorman, Ltd., and

Beeler, Schad & Diamond, P.C., complains against defendant United Air Lines, inc.,

d/b/a as United Airlines ("United")

Nature Of The Action This is an action under Title VII of the Civil Rights Act of 1964, as amended, 42

U.S.C. § 2000e, et seq. (Title VII), and Title I of the Civil Rights Act of i991, 42 U.S.C.

§ 1981 a, seeking relief for plaintiff Phyllis Powell ("Powell"), for discrimination in the

terms and conditions of her employment based on her sex, female, and her race, Black.

United subjected Powell to sexual and racial harassment, and after she complained of

employment discrimination, United retaliated against her by subjecting her to different

terms and conditions of employment, and by discharging her, in violation of Title VII. Powell brings this complaint to intervene in the action brought by the U.S. Equal~

Employment Opportunity Commission ("EEOC").

Jurisdiction And Venue

1. This Court has jurisdiction pursuant to 28 U.S.C. §§ 1331, 1337, and

1343. The action is brought pursuant to Sections 706(f)(1) and (3) of Title VII, 42 U.S.C. ¶ 2000e-5(f)(1) and (3), and pursuant to Section I02 of the Civil Rights Act of 1991, 42

U.S.C. § 1981a. 2. Venue is proper pursuant to 28 U.S.C. ¶ 1391(b) and (c), and 42 U.S.C.

§ 2000e-5(f)(3). United’s headquarters are in this district, and its illegal employment

practices occurred in this district.

Parties 3. EEOC is an agency of the United States of America charged with the administration, interpretation and enforcement of Title VII. 4. At all relevant times United is a corporation doing business in Cook

County, Illinois. United has more than fifteen employees, and is an employer engaged in

an industry affecting commerce within the meaning of Title VII, 42 U.S.C. § 2000e(b)(g)

and (h). 5.

Powell was an employee of United within the meaning of Title VII, 42

U.S.C. § 2000e(f).

Administrative Prerequisites 6. Powell filed a charge of discrimination with the EEOC within 300 days of

United’s acts of discrimination, and more than 30 days prior to the filing of this lawsuit. Powell has fulfilled all conditions precedent to the filing of this action.

VioIations of Title VII 6. Powell was hired by United in early May, 1999, to work as a ramp service employee at O’Hare airport. The duties of ramp service employees include loading and unloading baggage on airplanes and at the temainal. 7. Beginning at the end of May, 1999, while at work at United, Powell was subjected to repeated sexual and racial harassment, including unwanted touching, racial slurs, and sexual comments about parts of her body. For example, male employees intentionally brushed against her breasts, and asked her if her breasts were real. Racial and sexual slurs, such as "black bitch" or comments referring to Powell’s breasts, were written on the tabie in the employees’ break room. 8. After Powell complained to United about being harassed, United retaliated by subjecting her to significantIy worse terms and conditions of employment than those enjoyed by other workers. Powell’s supervisor assigned her to work for extended periods by herself in the pit, the underbelly of airplanes where baggage is stored. Normally ramp service employees work in the pit in pairs, and regularly rotate to other assignments, because work in the pit is very hot, cramped and involves substantial lifting under awkward conditions. 9. Powell’s supervisor did nothing to improve the racially and sexually hostile environment to which Poweli was subjected, but instead encouraged the hostile environment by saying in from of other employees that he did not understand why United kept hiring "black bitches". 10. Despite her complaints, Powell was continually subjected to a hostile environment and retaliation until United discharged her in August, 1999.

11. United’s actions deprived Powetl of equal employment opportunities and otherwise adversely affected her status as an employee because of her sex, female, and race, Black.
12. United’s actions were done intentionally, and with malice or with reckless indifference to Powell’s federally protected fights.
13. As a result of United’s illegal discrimination and retaliation, Powell suffered loss of income, loss of career opportunities, severe humiliation and emotional distress.
WHEREFORE, Phyllis Powell requests the Court to enter judgment in her favor and against United, and awarding Powell:
A. Reinstatement with no loss of seniority, vesting or benefits; B. Back pay, prejudgment interest and compensation for other pecuniary losses;
Front pay; Compensatory damages for pain, suffering, emotional distress, inconvenience and mental anguish; E. Punitive damages; F. Attorney’s fees, expert witness fees and costs; and G. Such additionaI relief as the Court finds appropriate.
Jury Demand Intervenor Phyllis Powell requests a jury trial.
One of Intervenor’s Attorneys

Andrew H. Haber Dennis P,.. Favaro Patrick J. Gorman Favaro, Buzek & Gorman, Ltd. 835 Sterling Avenue Suite 100 Palatine, Illinois 60067 (847) 934-0060
Eugene W. Beeler, Jr. Beeler, Schad & Diamond, P.C. 332 South Michigan Avenue Suite 1000 Chicago, Illinois 60604 (312) 939-6280

-r
CERTIFICATE OF SERVICE I, Andrew Haber, an attorney, certify that on July 16, 2002, I served a copy of Phyllis Powell’s Motion For Leave To Intervene on the attorneys named below by first class mail.
Service List June Wallace Calhoun U.S. Equal Employment Opportunity Commission 500 West Madison Street Suite 2800 Chicago, Illinois 60661 Nicholas Inzeo U.S. Equal Employment Opportunity Commission 1801 "L" Street Washington, D.C. 20507

 
 ,0.

.'

IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF ILLINOIS

EASTERN DIVISION

EQUAL EMPLOYMENT OPPORTUNITY )

COMMISSION,

)

)

Plaintiff,

)

)

PHYLLIS POWELL,

)

)

Plaintiff-Intervenor,

)

v.

)

)

UNITED AIR LINES, INC., d/b/a UNITED )

AIRLINES,

)

)

---------D-e-fe-n-da-n-t ------------ )

Case No. 02 C 4594 Judge Leinenweber
L:·· c
p,.?R 1 S lOO4

CONSENT DECREE

THE LITIGATION

Plaintiff Equal Employment Opportunity Commission ("EEOC") filed this action

alleging that Defendant United Airlines, Inc. ("United Airlines" or "Defendant") violated Title

VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e et seq. ("Title VII") and

Title ofthe Civil Rights Act ofl991, 42 U.S.C. § 1981a. The EEOC seeks relieffor Phyllis

Powell ("Ms. Powell" or the "Charging Party"), who filed a charge of discrimination.

In the interest of resolving this matter, and as a result of comprehensive settlement

negotiations, the parties have agreed that this action should be finally resolved by entry of this

Consent Decree. This Consent Decree fully and finally resolves any and all issues and claims

arising out of the Charge of Discrimination filed by Ms. Powell (EEOC Charge No. 210A02067)

and the Complaint filed by the EEOC and by Powell in this action.

On December 9, 2002, United Airlines and several affiliated companies (VAL

CORPORATION, et al,) (the "Debtors"), filed petitions for relief pursuant to Chapter II of Title

CHI 10635505.2

-'
, II of the United States Code (the "Bankruptcy Code"). These cases are being jointly
administered under Case No. 02-48191 through 02-48218 before the Honorable Judge Eugene R. Wedoff in the Bankruptcy Court in the Northern District of Illinois (the "Bankruptcy Case").
FINDINGS Having carefully examined the tenns and provisions of this Decree, and based on the pleadings, records and stipulations of the parties, the Court finds the following: A. This Court has jurisdiction of the subject matter of this action and ofthe parties. B. The tenns of this Decree are adequate, fair and reasonable. The rights of the parties and the public interest are adequately protected by this Decree. C. This Decree conforms with the Federal Rules of Civil Procedure and Title VII and is not in derogation of the rights or privileges of any person. The entry of this Decree will further the objectives of Title VII and will be in the best interests of the parties, the Charging Party, and the public. NOW, THEREFORE, IT IS ORDERED, ADJUDGED AND DECREED THAT:
DURATION OF DECREE AND RETENTION OF JURISDICTION 1. Unless otherwise noted, all provisions of this Decree shall be in effect (and the Court shall retain jurisdiction of this matter to enforce this Decree) for a period of two (2) years from the date the Court enters the Decree (hereinafter the "effective date"), provided, however, that if, at the end of the two (2) year period, any disputes under Paragraph 12 below remain unresolved, the tenn of the Decree shall be automatically extended (and the Court will retain jurisdiction of this matter) solely for the purpose ofresolving all such disputes and the tenn shall tenninate after all disputes have been resolved.
2
CHI 10635505.2

"
INJUNCTION AGAINST RACE AND SEX DISCRIMINATION 2. For a period of two (2) years following the entry of this Decree, United Airlines and its officers, agents, management (including supervisory employees), successors, assigns, and all persons acting in concert with them shall not discriminate against United Airlines AfricanAmerican female employees in O'Hare Ramp Services on the basis of their race and sex. United Airlines' obligations under this injunction are no greater than those required under Title VII or any other comparable state or local law, or ordinance prohibiting discrimination. The EEOC's ability to seek a contempt order for violation of this paragraph shall be no greater than its statutory rights conferred by Title VII, nor shall it relieve the EEOC of its statutory obligations under the enforcement provisions of Title VII.
EFFECT OF DECREE 3. This Consent Decree shall not constitute an admission by any party as to the claims or defenses of another party.
SETTLEMENT OF CLAIMS 4. Ms. Powell will be allowed a noncontingent, general, unsecured prepetition claim in the gross amount of $225,000.000 on account of any damages arising out of this action (less applicable withholding for the employee's share offederal, state, and local taxes and other applicable deductions required by law). United Airlines will direct its official Notice of Claims Agent to docket a noncontingent, liquidated, undisputed, general unsecured prepetition claim in the amount of $225,000.00 in favor of Ms. Powell and to expunge the EEOC's Proof of Claim filed on Ms. Powell's behalf (identified in the Bankruptcy Case as Claim No. 37500), or any other Proof of Claim filed by Ms. Powell or on Ms. Powell's behalf. Ms. Powell and the EEOC acknowledge that any distribution on account of such claim will be made only pursuant to a confirmed plan of reorganization in the Bankruptcy Case. Such claim shall not enjoy any type of
3
CHl 10635505.2

"
statutory or administrative priority over any other general, unsecured, prepetition claim in the Bankruptcy Case.
5. The Debtors shall duJy file amotion (the "9019 Motion") with the Bankruptcy Court pursuant to Federal Rule of Bankruptcy Procedure 9019 for approval of this Consent Decree. In the absence of any objection filed and served within twenty (20) days after the filing of the 9019 Motion, the Debtors will submit a Certificate ofNo Objection so that the Bankruptcy Court may enter the order (the "9019 Order") approving the 9019 Motion. After the Bankruptcy Court enters the 9019 Order, the Debtors may execute and consummate the Consent Decree, and said Consent Decree will be binding on them and their estate without further action by the Bankruptcy Court. If an objection is raised within the 20-day notice period and ultimately is resolved in the Debtors' favor, the Consent Decree will become effective upon entry ofa court order denying the objection. If an objection is raised within the 20-day notice period and ultimately is resolved in favor of the objector, the Consent Decree shall be deemed to have been void ab initio.
6. Additionally, Ms. Powell will be awarded 200,000 frequent flyer miles which shall be administered in accordance with the rules and provisions of United's Mileage Plus Program.
MS. POWELL'S EMPLOYMENT RECORD 7. Ms. Powell shall direct requests for future employment references to "The Work Number," at www.theworknumber.com or at 1-800-367-5690. The employer seeking to verifY Ms. Powell's employment will need to provide the following information: (1) Ms. Powell's social security number; (2) United Airlines as the "company name"; and (3) employer code: 10209. If the future employer wishes to also verify Ms. Powell's wage rates, it must also provide her date of birth in the following format: MMDDYY. Provided that all future requests for
4
CHI 10635505.2

employment references are directed to "The Work Number," United Airlines shall provide future employment references consistent with its normal practices, which will not include any reference to termination for cause, absenteeism, or this action.
POSTING OF NOTICE 8. Within ten (10) business days after entry of this Decree, United Airlines shall post copies ofthe Notice attached as Exhibit B to this Decree on the bulletin boards at its Chicago, O'Hare facility, which are usually used by United Airlines for communicating with United Airlines' O'Hare Ramp Service employees. The Notice shall remain posted for two (2) years from the effective date of this Decree. United Airlines shall take all reasonable steps to ensure that the posting is not altered, defaced or covered by any other material. United Airlines shall certifY to the EEOC in writing within ten (10) business days after the effective date of the Decree that the Notice has been properly posted, United Airlines shall permit a representative of the EEOC to enter United Airlines' premises for purpose of verifYing compliance with this Paragraph at any time during normal business hours without prior notice.
RECORD KEEPING 9. For a period of two (2) years from the effective date of this Decree, United Airlines shall maintain all records concerning its implementation ofthis Decree. United Airlines shall also maintain records of complaints ofharassment by African-American, female employees in the O'Hare Ramp Service on the basis of race and sex, made to the Human Resources Department responsible for O'Hare Ramp Service, the Legal Department, United Airlines' tollfree Business Conduct Line and to Corporate Diversity. United shall also maintain records of written complaints of harassment by African-American female employees in O'Hare Ramp Service on the basis of both race and sex given to their supervisors. The records shall include
5
CHI 10635505.2

United Airlines' investigation of such complaints and any response or action taken as a result of the complaints.

REPORTING 10. United Airlines shall furnish to the EEOC the following written reports every six

(6) months for a period of two (2) years following the entry ofthis Decree. The first report shall

be due six (6) months after the effective date of the Decree. Each such report shall contain:

a. A summary of the information recorded by United Airlines pursuant to

Paragraph 9; b.

A certification by United Airlines that the Notice required to be posted

pursuant to Paragraph 8 remained posted during the entire six (6) month period preceding the

report;

c. A certification that United Airlines' Chicago O'Hare Ramp Service

employees have received the training required pursuant to Paragraph 11, a list of the employee

job classifications that have received such training, and the dates on which they received such

training. ANTI-DISCRIMINATION TRAINING
11. All United Airlines O'Hare Ramp Service supervisors and managers shall participate in an annual training session by a United Airlines in-house or outside attorney, or a

trainer paid for by United Airlines regarding the requirements of Title VII. United Airlines shall

submit to the EEOC the materials to be used in, relied upon, or distributed in the training session,

forty-five (45) days prior to such training. The EEOC will respond to United, in writing, within

ten (10) days of receipt of the training materials. The training may begin within sixty (60) days

of effective date of this Decree and the initial session shall be completed within twelve (12)

months of the effective date ofthis Decree.

6
CHI 10635505.2

DISPUTE RESOLUTION 12. In the event that either party to this Decree believes that the other party has failed to comply with any provision(s) of the Decree, the complaining party shall notifY the other party ofthe alleged non-compliance and shall afford the alleged non-complying party ten (10) business days to remedy the non-compliance or to satisfY the complaining party that the alleged noncomplying party has complied. If the alleged non-complying party has not remedied the alleged non-compliance or satisfied the complaining party that it has complied within ten (10) business days, the complaining party may apply to the Court for appropriate relief.
MISCELLANEOUS PROVISIONS l3. Each party to this Decree shall bear its own expenses and costs. The EEOC, Ms. Powell and United Airlines shall hear their own attorney's fees. 14. The terms of this Decree are and shall be binding upon the present and future representatives, agents, directors, officers, assigns, and successors of all parties. 15. When this Consent Decree requires the submission by United Airlines of reports, certifications, notices, or other materials to the EEOC, they shall be mailed to: United Airlines Powell Settlement, Equal Employment Opportunity Commission, 500 West Madison Street, Suite 2800, Chicago, Illinois 60661. When this Decree requires, submission by the EEOC of materials to United Airlines, they shall be mailed to Vania M. Wit, United Airlines, WHQLD, 1200 East Algonquin Road, Elk Grove Village, Illinois 60007. 16. In the event of a catastrophic event, United Airlines may petition the Court for relief from or suspension of the Consent Decree.
7
CHI 10635505.2

ENTERED AND APPROVED FOR:
Equal Employment Opportunity Commission
ERIC S. DREIBAND General Counsel
JAMES LEE Deputy General Counsel

United Airlines, Inc.
V\A().M..~

Diane Smason Supervisory Trial Attorney

Equal Employment Opportunity Commission Chicago District Office
500 West Madison Street Suite 2800 Chicago, Illinois 60661 (312) 886-9120
Date: ----;~f-+-=/J;+----,Air------

ENTER:=-__~~__~~__~~ Honorable Harry D. Leinenweber
United States District Judge

8
CHI 10635505.2

EXHIBITB

NOTICE TO ALL UNITED AIRLINES EMPLOYEES

This Notice is being posted pursuant to a Consent Decree entered by the federal court in EEOC v. United Airlines, Inc., Case No. 02 C 4594, resolving a lawsuit filed by the Equal Employment Opportunity Commission ("EEOC") against United Airlines. In its suit, the EEOC alleged that United Airlines discriminated against an employee a former female employee on the basis of sex and race.

To resolve the case, United Airlines and the EEOC have entered into a Consent Decree which provides, among other things, that: 1) United Airlines will provide a claim for monetary damages to the United Airlines employee; 2) United Airlines wilI not discriminate against any African American female employee in O'Hare Airport Ramp Services on the basis of race and sex in violation of Title VII; and 3) United Airlines wilI comply with various reporting and record keeping requirements for two (2) years.

The EEOC enforces the federal laws against discrimination in

employment on the basis of race, color, religion, national origin, sex, age or

disability. If you believe you have been discriminated against, you may follow

the complaint procedure in United Airlines' non-discrimination and anti-

harassment policy and you may contact the EEOC at (312) 353-2713. The EEOC

charges no fees and has a TTD number.

~ TIllS IS AN OFFICIAL NOTICE AND MUST NOT

D BY ANYONE

This Notice must remain posted ~or 0 years fro the date below and must not be altered defaced of cered by any other material. Any questi ns about thO otice or compliance with its terms may b directed : United Airlines Settlement, EEOC, 500 West di n treet, Suite 800, Chicago, IL 6066l.

Judge Harry D. Leinenweber

CHI 10635505.2

CERTIFICATE OF SERVICE
I, Pamela Moore-Gibbs, an attorney, certify that on March 31, 2004, I caused a copy of
the foregoing Joint Motion for Entry of Consent Decree, to be served via facsimile and first
class mail, postage pre-paid to the following counsel of record:
To: Beth Golub Stephanie J. Pulcanio Seyfarth Shaw 55 East Monroe Street Suite 4200 Chicago, Illinois 60603

 
 CM/ECF LIVE, Ver 3.0 - U.S. District Court, Northern Illinois - Docket... https://ecf.ilnd.uscourts.gov/cgi-bin/DktRpt.pl?328719376380582-L_35...
DENLOW, TERMED
United States District Court Northern District of Illinois - CM/ECF LIVE, Ver 3.0 (Chicago)
CIVIL DOCKET FOR CASE #: 1:02-cv-04594

EEOC v. United AL Assigned to: Hon. Harry D. Leinenweber Demand: $0 Cause: 28:451 Employment Discrimination Plaintiff Equal Employment Opportunity Commission
1 of 6

Date Filed: 06/27/2002 Date Terminated: 04/13/2004 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff
represented by June Wallace Calhoun United States Equal Employment Opportunity Commission 500 West Madison Street Suite 2800 Chicago, IL 60661 (312) 353-7568 Email: june.calhoun@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED
John C. Hendrickson United States Equal Employment Opportunity Commission 500 West Madison Street Suite 2800 Chicago, IL 60661 (312) 353-8551 Fax: (312) 353-8555 Email: john.hendrickson@eeoc.gov ATTORNEY TO BE NOTICED
Noelle Christine Brennan Brennan & Monte, Ltd. 20 South Clark Street Suite 1530 Chicago, IL 60603 (312) 422-0001 Email: nbrennan@brennan-monte.com ATTORNEY TO BE NOTICED
Pamela Sue Moore-Gibbs United States Equal Employment Opportunity Commission 500 West Madison Street Suite 2800
6/15/2007 9:28 AM

CM/ECF LIVE, Ver 3.0 - U.S. District Court, Northern Illinois - Docket... https://ecf.ilnd.uscourts.gov/cgi-bin/DktRpt.pl?328719376380582-L_35...

V. Defendant United Airlines

Chicago, IL 60661 (312) 353-7568 Email: pamela.moore-gibbs@eeoc.gov ATTORNEY TO BE NOTICED
represented by Dennis Ray Favaro Favaro & Gorman, Ltd. 835 North Sterling Suite 100 Palatine, IL 60067 (847) 934-0060 Email: dfavaro@favarogorman.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Joel H. Kaplan Seyfarth Shaw LLP 131 South Dearborn Street Suite 2400 Chicago, IL 60603-4205 (312) 346-8000 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Andrew H. Haber Favaro & Gorman, Ltd. 835 North Sterling Suite 100 Palatine, IL 60067 (847) 934-0060 Email: ahaber@favarogorman.com ATTORNEY TO BE NOTICED
Beth Golub Joffe Seyfarth Shaw LLP 131 South Dearborn Street Suite 2400 Chicago, IL 60603-4205 (312) 460-5000 Email: bjoffe@seyfarth.com ATTORNEY TO BE NOTICED
Eugene W. Beeler, Jr. Beeler, Schad & Diamond, P.C. 332 South Michigan Avenue Suite 1000 Chicago, IL 60604

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Intervenor Phyllis Powell

(312) 939-6280 ATTORNEY TO BE NOTICED
Patrick John Gorman Favaro & Gorman, Ltd 835 Sterling Avenue Suite 100 Palatine, IL 60067 (847)934-0060 Email: pgorman@favarogorman.com ATTORNEY TO BE NOTICED
Stephanie Joan Pulcanio Seyfarth Shaw LLP 131 South Dearborn Street Suite 2400 Chicago, IL 60603-4205 (312)346-8000 Email: spulcanio@seyfarth.com ATTORNEY TO BE NOTICED

Date Filed 06/27/2002 07/01/2002
07/16/2002 07/17/2002 07/17/2002

#

Docket Text

1 COMPLAINT; jury demand - Civil cover sheet - Appearance(s) of June Wallace Calhoun, Noelle Christine Brennan, John C. Hendrickson as attorney(s) for plaintiff (No summons(es) issued.) (Documents: 1-1 through 1-3) (hp) Modified on 01/09/2003 (Entered: 06/27/2002)
SCHEDULE set on 7/1/02 by Hon. Suzanne B. Conlon : Status hearing set on 7/19/02 at 9:00 AM. At the status hearing, the parties are to report on the following: 1. Possibility of settlement in the case; 2. If no possibility of settlement exists, the nature and length of discovery necessary to get the case ready for trial. Plaintiff is directed to advise all other parties of the court's action herein and to forward a copy of the court's procedure guidelines to defendant(s). Mailed notice (cgb) (Entered: 07/01/2002)
2 ATTORNEY APPEARANCE for defendant by Joel H. Kaplan, Beth Tracey Golub, Stephanie Joan Pulcanio. (vmj) (Entered: 07/17/2002)
3 ATTORNEY APPEARANCE for Phyllis Powell by Eugene W. Beeler Jr., Dennis Ray Favaro, Andrew H. Haber, Patrick John Gorman (fce) (Entered: 07/18/2002)
6 MOTION by Phyllis Powell to intervene ; Notice. (vmj) Modified on 07/24/2002 (Entered: 07/24/2002)

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07/17/2002 07/19/2002
07/22/2002 07/23/2002
07/30/2002 10/03/2002 10/03/2002 10/08/2002
10/08/2002 10/08/2002 10/10/2002 10/11/2002 10/15/2002

7 INTERVENOR'S COMPLAINT by intervenor Phyllis Powell; jury demand. (vmj) (Entered: 07/24/2002)
4 MINUTE ORDER of 7/19/02 by Hon. Suzanne B. Conlon : Status hearing held. Parties to comply with FRCP 26(a)(1) by 7/29/02. Parties to comply with FRCP 26(a)(2) by 10/21/02. Discovery cut-off and filing of dispositive motions with supporting memoranda set on 11/19/02 at 9:00 a.m. Joint pretrial order with agreed pattern jury instructions submission set on 12/10/02 at 9:00 a.m. Plaintiff's draft to be submitted to defendant by 12/3/02. Case is placed on the January 2003 trial calendar. Firm dates. Mailed notice by judge's staff (eav) (Entered: 07/22/2002)
5 WAIVER of service of summons as to defendant United AL sent on 6/27/02. (vmj) (Entered: 07/23/2002)
8 MINUTE ORDER of 7/23/02 by Hon. Suzanne B. Conlon: Phyllis Powell's motion for leave to intervene is granted [6-1]. Defendant shall answer or otherwise plead to the intervenor's complaint by 8/12/02. Notices mailed by judge's staff (vmj) (Entered: 07/24/2002)
9 ANSWER and affirmative defenses to plaintiff's complaint by defendant [1-1]; Notice. (vmj) (Entered: 07/31/2002)
10 REASSIGNMENT ORDER of 10/3/02 This case is reassigned to the Hon. Harry D. Leinenweber pursuant to IOP 13. (For further detail see order). Mailed notice (vmj) (Entered: 10/08/2002)
11 MOTION by defendant United AL to amend answer to plaintiff EEOC's complaint and to file out of time answer to plaintiff-intervenor's complaint ; Notice (vmj) (Entered: 10/09/2002)
12 MINUTE ORDER of 10/8/02 by Hon. Suzanne B. Conlon: Defendant's motion to amend answer to plaintiff's complaint [11-1] and motion to file out of time answer to plaintiff-intervenor's complaint [11-2] are granted. Mailed notice (vmj) (Entered: 10/09/2002)
13 ANSWER and affirmative defenses by defendant to plaintiff-intervenor's complaint [7-1]. (vmj) (Entered: 10/09/2002)
14 AMENDED ANSWER and affirmative defenses to plaintiff's complaint by defendant. (vmj) (Entered: 10/09/2002)
15 UNOPPOSED MOTION by intervenor to extend time to disclose experts , for dispositive motions and for the close of discovery ; Notice. (vmj) (Entered: 10/16/2002)
16 AMENDED unopposed motion by intervenor to extend time to disclose experts [15-1], for dispositive motions [15-2] and for the close of discovery [15-3]; Amended notice. (vmj) (Entered: 10/16/2002)
17 MINUTE ORDER of 10/15/02 by Hon. Harry D. Leinenweber: Intervenor's unopposed motion to extend time is granted [15-1]. Discovery cutoff date now is set for 1/7/03. Dispositive motions now due by 2/7/03. Status hearing set for 2/6/03 at 9:00 a.m. No notice (vmj) (Entered: 10/16/2002)

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11/07/2002 11/13/2002 11/13/2002 12/05/2002 12/12/2002
03/12/2003
04/10/2003 04/15/2003 04/29/2003
05/27/2003 06/04/2003
09/04/2003 10/02/2003 10/23/2003

18 MOTION by plaintiff for leave to file appearance of Pamela S. Moore-Gibbs (Attachment); Notice. (vmj) (Entered: 11/15/2002)
19 MINUTE ORDER of 11/13/02 by Hon. Harry D. Leinenweber: Plaintiff's motion for leave to file appearance of Pamela S. Moore-Gibbs is granted [18-1]. Mailed notice (vmj) (Entered: 11/15/2002)
20 ADDITIONAL ATTORNEY APPEARANCE for plaintiff by Pamela Sue Moore-Gibbs. (vmj) (Entered: 11/15/2002)
21 MOTION by intervenor Phyllis Powell to extend the time to disclose experts, for dispositive motions , and for the close of discovery ; Notice. (vmj) (Entered: 12/13/2002)
22 MINUTE ORDER of 12/12/02 by Hon. Harry D. Leinenweber: Status hearing set for 3/12/02 at 9:00 a.m. Intervenor's motion to extend the time to disclose experts, for dispositive motions and for the close of discovery [21-1, 21-2] is entered and continued to 3/12/03. No notice (vmj) (Entered: 12/13/2002)
23 MINUTE ORDER of 3/12/03 by Hon. Harry D. Leinenweber : Status hearing set for 9:00 a.m. on 04/29/03. Intervener's motion to extend the time to disclose experts, for dispositive motions is granted [21-1]. Discovery ordered closed on 04/29/03. No notice (jmp) (Entered: 03/13/2003)
24 UNCONTESTED MOTION by defendant to extend discovery for the limited purpose of taking three depositions ; Notice. (vmj) (Entered: 04/17/2003)
25 MINUTE ORDER of 4/15/03 by Hon. Harry D. Leinenweber: The uncontested motion to extend discovery for the limited purpose of three depositions is granted [24-1]. Mailed notice (vmj) (Entered: 04/17/2003)
26 MINUTE ORDER of 4/29/03 by Hon. Harry D. Leinenweber: Status hearing held. Defendant to file motion for summary judgment with supporting brief by 6/16/03. Plaintiff's response to be filed by 7/30/03. Defendant's reply brief due by 8/13/03. The court will rule orally on 9/16/03 at 9:00 a.m. No notice (vmj) (Entered: 04/30/2003)
27 AGREED MOTION by defendant to stay litigation ; Notice. (vmj) (Entered: 06/06/2003)
28 MINUTE ORDER of 6/4/03 by Hon. Harry D. Leinenweber: Status hearing set for 9/4/03 at 9:00 a.m. The agreed motion to stay litigation is granted [27-1]. Briefing schedule and ruling date is stricken. No notice (vmj) (Entered: 06/06/2003)
SCHEDULE set on 9/4/03 by Hon. Harry D. Leinenweber : Status hearing held and continued October 2, 2003 at 9:00 a.m. Mailed notice (wp) (Entered: 09/04/2003)
SCHEDULE set on 10/2/03 by Hon. Harry D. Leinenweber : Status hearing held and continued to October 23, 2003 at 9:00 a.m. No notice (wp) (Entered: 10/02/2003)
SCHEDULE set on 10/23/03 by Hon. Harry D. Leinenweber : Status hearing held and continued to November 19, 2003 at 9:00 a.m. Mailed notice (wp)

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11/19/2003 12/03/2003 12/18/2003 01/20/2004 03/09/2004 03/23/2004 04/01/2004 04/01/2004 04/13/2004

(Entered: 10/24/2003)
SCHEDULE set on 11/19/03 by Hon. Harry D. Leinenweber : Status hearing held and continued to December 18, 2003 at 9:00 a.m. No notice (wp) (Entered: 11/24/2003)
29 WITHDRAWAL of appearance of Noelle C. Brennan by plaintiff EEOC; Notice. (vmj) (Entered: 12/04/2003)
SCHEDULE set on 12/18/03 by Hon. Harry D. Leinenweber : Status hearing held and continued to January 20, 2004 at 9:00 am. Mailed notice (wp) (Entered: 12/18/2003)
SCHEDULE set on 1/20/04 by Hon. Harry D. Leinenweber : Status hearing held and continued to March 9, 2004 at 9:00 a.m. No notice (wp) (Entered: 01/20/2004)
SCHEDULE set on 3/9/04 by Hon. Harry D. Leinenweber : Status hearing held and continued to March 23, 2004 at 9:00 a.m. No notice (wp) (Entered: 03/09/2004)
SCHEDULE set on 3/23/04 by Hon. Harry D. Leinenweber : Status hearing held and continued to April 1, 2004 at 9:00 a.m. No notice (wp) (Entered: 03/24/2004)
SCHEDULE set on 4/1/04 by Hon. Harry D. Leinenweber : Status hearing stricken. No notice (wp) (Entered: 04/01/2004)
30 JOINT MOTION for entry of consent decree ; Notice. (vmj) (Entered: 04/13/2004)
31 MINUTE ORDER of 4/13/04 by Hon. Harry D. Leinenweber: The joint motion for entry of consent decree is granted [30-1]. (Entered Consent Decree) terminating case Mailed notice (vmj) (Entered: 04/13/2004)

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Description: Docket Report Search Criteria: 1:02-cv-04594

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