FILED

FEB 2 6 2002

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, 1400 L Street, N.W.

i U ' l - i F " "' CASE NU}1BER 1.02CV00372 ~ ~ ,,"
JUDGE, Henry H~ Kennedy

Suite 200

DECK TYPE. Employm~nt Discrimination

Washington, D.C. 20005

Plaintiff,
v.

DATE STAMP, 02/26/2002

.JURY"

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IKON OFFICE SOLUTIONS, INC.,

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1200 New Hampshire Avenue, N.W.

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Suite 200"

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JURY TRIAL DEMAND

Washington, D.C. 20036

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Defendant.

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NATURE OF THE ACTION This is an action under Title VII of the Civil Rights Act of 1964 and Title I of the Civil Rights Act of 1991, to correct unlawful employment practices on the basis of race, and to provide appropriate relief to Philip Nonnan and similarly-situated Black employees, who were adversely affected by such practices. As alleged with greater particularity in paragraph 7 below, the Commission alleges that the aforementioned employees were paid less than comparably-situated White employees.
JURISDICTION AND VENUE 1. IurisdictionofthisCourt is invoked pursuant to 28 U.S.C. §§ 451,1331,1337,1343 and
1345. This action is authorized and instituted pursuant to Section 706(f)(1) & (3) ofTitle VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e-5(f)(1) & (3) ("Title VII") and Section 102 of the Civil Rights Act of 1991,42 U.S.C. § 1981a.

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2. The employment practices alleged to be unlawful were committed within the jurisdiction of the United States District Court for the District of Columbia. PARTIES
3. Plaintiff, the Equal Employment Opportunity Commission (the "Commission"), is the agency of the United States of America charged with the administration, interpretation and enforcement ofTitle VII, and is expressly authorized to bring this action by Section 706(f)(l) & (3) ofTitle VII, 42 U.S.C. § 2000e-5(f)(l) & (3).
4. At all relevant times, Defendant, Ikon Office Solutions, Inc. (the "Employer"), has been a Delaware corporation continuously doing business in the District of Columbia and has continuously had at least 15 employees.
5. At all relevant times, Defendant Employer 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(b), (g) and (h). STATEMENT OF CLAIMS
6. More than thirty days priorto the institution ofthis lawsuit, Kevin Hayes filed a charge with the Commission alleging violations ofTitle VII by Defendant Employer. All conditions precedent tb the institution ofthis lawsuit have been fulfilled.
7. Since at le"ast September of 1998, Defendant Employer has engaged in unlawful employment practices at its 1200 New Hampshire Avenue, N.W., Washington, DC location, in violation of Section 703(a)(1) ofTitle VII, 42 U.S.C. § 2000e-2(a)(I).
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a. Defendant Employer provided pay increases to White customer servIce representatives but failed to do so for similarly-qualified Black customer service representatives.
b, Defendant Employer hired at least one White customer service representative at a higher rate ofpay than it provided Black customer service representatives who were better qualified for the position as the newly-hired White individual.
c. Defendant Employer provided overtime compensation to the newly-hired White individual at a rate of one-and-a-halftimes his hourly rate, while it compensated its Black customer service representatives at a rate ofone-halftimes their hourly rate for overtime purposes.
d. For a period of time, Defendant Employer's White and Black customer service representatives were compensated at the same pay rate, even though Defendant Employer's Black customer service representatives were substantially better qualified than Defendant Employer's. White customer service representatives.
8. The effect of the practice(s) complained of in paragraph 7 above has been to deprive Philip Norman and similarly-situated Black employees of equal employment opportunities and otherWise adversely affect their status as employees because of their race.
9, The unlawfu:i.employment practices complained of in paragraph 7 above were intentional. 10. The unlawful employment practices complained of in paragraph 7 above were done with
malice or with reckless indifference to the federally protected rights of Philip Norman and similarly-situated Black employees.

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PRAYER FOR RELIEF Wherefore, the Commission respectfully requests that this Court: A. Grant a permanent injunction enjoining Defendant Employer, its officers, successors, assigns, and all persons in active concert or participation with it, from engaging in pay practices which discriminate against its Black employees, and any other employment practice which discriminates on the basis of race. B. Order Defendant Employer to institute and carry out policies, practices, and programs which provide equal employment opportunities for Black employees, and which eradicate the effects of its past and present unlawful employment practices. C. Order Defendant Employer to make whole Phllip Norman and similarly-situated Black employees by providing appropriate backpay 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 Employer to make whole Phllip Norman and similarly-situated Black employees byproviding compensation for past and future pecuniary losses resulting from the unlawful employment practices described in paragraph 7 above. E. Order Defendant Employer to make whole Philip Norman and similarly-situated Black employees by providing compensation for past and future nonpecuniary losses resulting from the unlawful practices complained of in paragraph 7 above, including emotional pain, suffering, inconvenience, loss of enjoyment of life, and humiliation, in amounts to be determined at trial.
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F. Order Defendant Employer to pay Philip Norman and similarly-situated Black employees punitive damages for its malicious and reckless conduct described in paragraph 7 above, in amounts to be determined at trial.
G. Grant such further relief as the Court deems necessary and proper in the public interest. H. Award the Commission its costs in this action.
JURY TRIAL DEMAND The Commission requests a jury trial on all questions offact raised by its complaint.
Respectfully submitted,

Ifarbara Doughe D.C. BarNo. 387 8 Assistant General CoUnsel
I0 ~ice-L Brow~ n J /
D.C. Bar No. 421142 Supervisory T .
~.F.
Robert F. Goldman Trial Attorney
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Washington Field Office 1400 L Street, N.W. Suite 200 Washington, D.C. 20005 Telephone (202) 275-6688 Facsimile (202) 275-6834
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 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

EQUAL EMPLOYMENT OPPORTUNITY

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COMMISSION,

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Plaintiff,

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v.

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IKON OFFICE SOLUTIONS, INC.,

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Defendant.

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__________________________________________)

CIVIL ACTION NO. 1:02CV00372 CONSENT DECREE

THE LITIGATION

1. Plaintiff, Equal Employment Opportunity Commission (the "EEOC"), filed this action

alleging that Defendant, IKON Office Solutions, Inc. ("Defendant"), violated Section 703(a)

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

2000e-2(a), by discriminating against Kevin Hayes, the Charging Party in the underlying

Charge of Discrimination, and Philip Norman ("Norman") on the basis of race. Specifically,

the EEOC alleged that Defendant paid Black employees less than White coworkers due to

their race. Defendant denies this allegation.

2. In the interest of resolving this matter, and as a result of having engaged in comprehensive

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

entry of this Consent Decree (hereafter "Decree"). This Decree fully and finally resolves any

and all Title VII issues and claims arising out of the Complaint filed by the EEOC in this

action.

FINDINGS 3. Having carefully examined the terms and provisions of this Decree, and based on the
pleadings, record, and stipulations of the parties, the Court finds the following: (a) This Court has jurisdiction over the subject matter of this action and of the parties. (b) The terms of this Decree are adequate, fair, reasonable, equitable, and just. The rights of 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 and the public. NOW, THEREFORE, IT IS ORDERED, ADJUDGED AND DECREED THAT:
NON-DISCRIMINATION 4. Defendant, its officers, agents (including management personnel), successors, and assigns
will not discriminate on the basis of race and will comply with all federal anti-discrimination laws. 5. Within six (6) months from the entry of this Decree, all management personnel in Defendant's Washington, D.C. operations will undergo formal training in equal employment opportunity laws and practices. Defendant may choose the training, but the content and the identity of the trainers must be approved by the EEOC. Defendant will provide the EEOC with the content of the training at least ten (10) days prior to the training session. The training must include material on non-discriminatory pay practices.
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NON-RETALIATION 6. Defendant, its officers, agents, employees, successors, assigns and all persons acting in
concert with it shall not engage in any form of retaliation against any person because such person has opposed any practice made unlawful under Title VII, filed a Charge of Discrimination under Title VII, testified or participated in any manner in any investigation, proceeding, or hearing under Title VII, or asserted any rights under this Decree.
MONETARY RELIEF 7. Defendant has tendered to Philip Norman two checks made payable to the order of PHILIP
NORMAN: one in the amount of $650.00, less taxes and applicable withholdings, constituting back wages; and another, in the amount of $2,350.00, constituting compensation for prejudgment interest and compensatory damages. Defendant will forward copies of the checks to the EEOC.
POSTING OF NOTICE 8. Within ten (10) business days after entry of this Decree, Defendant shall post a same-sized
copy of the Notice attached as Exhibit A to this Decree at its facilities at 1200 New Hampshire Avenue, N.W., Washington, D.C., in a conspicuous location easily accessible to and commonly frequented by employees. The Notice shall remain posted for two (2) years from the date of entry of this Decree. Defendant shall take all reasonable steps to ensure that the posting is not altered, defaced or covered by any other material. Defendant shall certify to the EEOC in writing within fifteen (15) business days after entry of the Decree that the Notice has been properly posted. Defendant shall permit a representative of the EEOC to
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enter Defendant's premises for purposes of verifying compliance with this Paragraph at any time during normal business hours without prior notice.
RECORD KEEPING 9. For a period of three (3) years following entry of this Decree, Defendant shall maintain and
make available for inspection and copying by the EEOC, upon reasonable notice, records (including name, race, age, social security number, address, telephone number) of each person who applies for, or is recruited for, the position of customer service representative, along with the disposition of the application or recruitment effort. 10. Defendant shall make all documents or records referred to in Paragraph 9, above, available for inspection and copying within ten (10) business days after the EEOC so requests. In addition, Defendant shall make available all persons within its employ who are responsible for ensuring or verifying compliance with this Decree and shall permit a representative of the EEOC to enter Defendant's premises for such purposes on ten (10) business days advance notice by the EEOC. 11. Nothing contained in this Decree shall be construed to limit any obligation Defendant may otherwise have to maintain records under Title VII or any other law or regulation.
REPORTING 12. Defendant shall furnish to the EEOC the following written reports annually for a period of
three (3) years following entry of this Decree. The first report shall be due six (6) months after entry of the Decree. The final report shall be due thirty-six (36) months after entry of the Decree. Each such report shall contain:
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(a) A summary of the information collected pursuant to Paragraph 9 above, during the preceding twelve (12) months; and (b) A certification by Defendant that the Notice required to be posted in Paragraph 8, above, remained posted during the entire twelve (12) month period preceding the report.
DISPUTE RESOLUTION 13. In the event that either party to this Decree believes that the other party has failed to comply
with any provision(s) of the Decree, the complaining party shall notify the other party of the alleged non-compliance and shall afford the alleged non-complying party ten (10) business days to remedy the non-compliance or to satisfy the complaining party that the alleged noncomplying party has complied. If the alleged non-complying party has not remedied the alleged non-compliance or satisfied the complaining party that it has complied within ten (10) business days, the complaining party may apply to the Court for appropriate relief.
DURATION OF THE DECREE AND RETENTION OF JURISDICTION 14. All provisions of this Decree shall be in effect (and the Court will retain jurisdiction of this
matter to enforce this Decree) for a period of three (3) years immediately following entry of the Decree, provided, however, that if, at the end of the three (3) years period, any disputes under Paragraph 13, above, remain unresolved, the term of the Decree shall be automatically extended (and the Court will retain jurisdiction of this matter to enforce the Decree) until such time as all such disputes have been resolved.
MISCELLANEOUS PROVISIONS 15. The terms of this Decree are and shall be binding upon the present and future representatives,
agents, directors, officers, assigns, and successors of Defendant.
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16. When this Decree requires the submission by Defendant of reports, certifications, notices, or other materials to the EEOC, they shall be mailed to: IKON Office Solutions Settlement, c/o Robert F. Goldman, Trial Attorney, Equal Employment Opportunity Commission, 1400 L Street, N.W., Suite 200, Washington, D.C. 20005.

ON BEHALF OF THE U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
___________________________ Barbara Dougherty EEOC 1800 L Street, NW, 7th Floor Washington, D.C. 20507
___________________________ Barbara Brice-Brown, Esq. EEOC 1400 L Street, NW, Suite 200 Washington, D.C. 20005
___________________________ Robert F. Goldman, Esq. EEOC 1400 L Street, N.W. Suite 200 Washington, D.C. 20005
_____________________ Date
Washington, D.C.

ON BEHALF OF DEFENDANT, IKON OFFICE SOLUTIONS, INC. ____________________________ Lynn A. Collins, Esq. IKON Office Solutions, Inc. P.O. Box 834 Valley Forge, PA 19482-0834
________________________________ UNITED STATES DISTRICT JUDGE
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EXHIBIT A [NOTICE TO EMPLOYEES)
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Copies to:
Robert F. Goldman, Esq. EEOC 1400 L Street, N.W. Suite 200 Washington, D.C. 20005
Counsel for Plaintiff

Lynn Collins, Esq. IKON Office Solutions P.O. Box 834 Valley Forge, PA 19482-0834
Counsel for Defendant

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NOTICE TO EMPLOYEES _____________________________________________________________

IKON Office Solutions

This Notice is being posted pursuant to a Consent Decree entered by the federal court in EEOC v. IKON Office Solutions, Inc. (D.D.C.), settling a lawsuit filed by the Equal Employment Opportunity Commission ("EEOC") against Defendant IKON Office Solutions ("Defendant").

In its suit, the EEOC alleged that Defendant discriminated against Black customer service representatives by paying them less than similarly-situated White coworkers, in violation of Title VII of the Civil Rights Act of 1964. The Defendant denies this allegation.

To resolve the case, Defendants and the EEOC have entered into a Consent Decree which requires, among other things, that:

(1) Defendant will pay monetary damages (including back pay in the amount of $650) to one former employee;

(2) Defendant will not discriminate on the basis of race in the future; and

(3) Defendant will not retaliate against any person because he or she opposed any practice made unlawful by Title VII, filed a Title VII charge of discrimination, participated in any Title VII proceeding, or asserted any rights under the Consent Decree.

The EEOC enforces the federal laws against discrimination in employment on the basis of race, sex, color, religion, national origin, disability, and age. If you believe you have been discriminated against, you may contact the EEOC at (202) 275-7377 or view its web page at www.eeoc.gov. The EEOC charges no fees and has employees who speak languages other than English.

THIS IS AN OFFICIAL NOTICE AND MUST NOT BE DEFACED BY ANYONE

__________________ Date

______________________________ Latonya Randolph
Human Resources Manager

 
 District of Columbia live database - Docket Report

https://ecf.dcd.uscourts.gov/cgi-bin/DktRpt.pl?351466067977095-L_35...

CLOSED, JURY, TYPE-H
U.S. District Court District of Columbia (Washington, DC) CIVIL DOCKET FOR CASE #: 1:02-cv-00372-HHK

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION v. IKON OFFICE SOLUTIONS, INC Assigned to: Judge Henry H. Kennedy Cause: 42:2000 Job Discrimination (Race)

Date Filed: 02/26/2002 Date Terminated: 04/03/2002 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

Plaintiff
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

represented by Barbara Brice-Brown EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Washington Field Office 1400 L Street, NW Suite 200 Washington, DC 20005 (202) 275-6687 Fax: (202) 275-6834 Email: barbara.brice-brown@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Robert F. Goldman EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 1400 L Street NW Suite 200 Washington, DC 20005 (202) 275-6688 Fax: (202) 275-6834 Email: robert.goldman@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

V. Defendant IKON OFFICE SOLUTIONS, INC

represented by Michael N. Petkovich JACKSON LEWIS LLP 8614 Westwood Center Drive Suite 950 Vienna, VA 22182 (703) 821-2189 Fax: (703) 821-2267

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District of Columbia live database - Docket Report

https://ecf.dcd.uscourts.gov/cgi-bin/DktRpt.pl?351466067977095-L_35...

Email: Petkovim@jacksonlewis.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed 02/26/2002 02/26/2002
03/11/2002
03/13/2002 03/20/2002 03/25/2002
03/25/2002
04/03/2002

#

Docket Text

SUMMONS (1) Issued as to IKON OFFICE SOLUTIONS, INC (cdw, ) (Entered: 02/28/2002)
1 COMPLAINT against IKON OFFICE SOLUTIONS, INC ( Filing fee $150 ). Filed by EQUAL EMPLOYMENT OPPORTUNITY COMMISSION. (cdw, ) (Entered: 03/09/2002)
Calendar Entry, Set/Reset Hearings: Fairness Hearing regarding the proposed decree set for 3/20/2002 10:45 AM before Judge Henry H. Kennedy, Jr.. (dcn, ) (Entered: 03/11/2002)
2 PRELIMINARY ELECTRONIC CASE FILING ORDER . Signed by Judge Henry H. Kennedy, Jr. on March 13, 2002. (FL, ) (Entered: 03/13/2002)
5 ATTORNEY APPEARANCE. (cdw, ) (Entered: 04/03/2002)
3 COMPLAINT against IKON OFFICE SOLUTIONS, INC ( Filing fee $0 ). Filed by EQUAL EMPLOYMENT OPPORTUNITY COMMISSION. (Goldman, Robert) (Entered: 03/25/2002)
4 Consent MOTION for Settlement by EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, IKON OFFICE SOLUTIONS, INC. (Attachments: # 1 Exhibit Notice to Employees)(Goldman, Robert) (Entered: 03/25/2002)
6 ORDER re 4 Signed by Judge Henry H. Kennedy, Jr. on April 3, 2002. (Kennedy, Henry) (Entered: 04/03/2002)

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