Case 1:00-cv-11989-RCL Document 1 Filed 09/28/2000 Page 1 of 8

UNITED STATES DISTRICT COURT OF MASSACHUSETTS
------------------------------------------------,
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff
v.
KEANE, INC.
Defendant

SEP 28

1(;1)2~b /<i"l~'I ; . "' ;;/, II, I
...

Civil Action No.

COMPLAINT JURY TRIAL DEMANDED
o0 - 11 9 8 9 R~J,

NATURE OF THE ACTION This is an action under Title VII of the Civil Right Act of 1964 to correct unlawful employment practices on the basis of race, and to make whole Michael Randolph and other similarly situated individuals affected by racial harassment, retaliation and constructive discharge by Keane, Inc. (hereafter "Keane"). The allegations relevant to this case are described in greater detail in paragraph 7, below.
JURISDICTION AND VENUE 1. Jurisdiction ofthis Court is invoked pursuant to 28 US.C. §§ 451, 1331, 1337, 1343, and 1345. This action is authorized and instituted pursuant to Sections 706(£)(1) and (3) of Title VII of the Civil Right Act of 1964, as amended, 42 US.c. § 2000e et seq. ("Title VII"). 2. On information and belief, Keane maintains and administers the employment records relevant to the alleged discriminatory conduct alleged in this action within the jurisdiction of the United States District Court for the District of Massachusetts. Keane's principal offices are also
• found within the jurisdiction ofthe United States District Court for the-District of Massachusetts.

1

Case 1:00-cv-11989-RCL Document 1 Filed 09/28/2000 Page 2 of 8
As a result, this action is jurisdictional in the United States District Court for the District of Massachusetts, pursuant to Section 706 (f)(2) of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. §2000e-5(f)(2).
PARTIES 3. Plaintiff, Equal Employment Opportunity Commission (the "Commission"), is an agency of the United States of America charged with the administration, interpretation, and enforcement of Title VII and is expressly authorized to bring this action by Section 706 (f)(1) of Title VII, 42 U.S.C. §2000e-5(f)(1), and Section 707 of Title VII, 42 U.S.C. §2000e-6. 4. At all relevant times, Keane has continuously been a Massachusetts corporation doing business in the State of Massachusetts and the county of Suffolk, and has continuously had at least fifteen employees. 5. At all relevant times, Keane has continuously been an employer engaged in an industry affecting commerce withing the meaning of Section 701 (b), (g) and (h) of Title VII, 42 U.S.c. §2000e-(b), (g), and (h).
STATEMENT OF CLAIMS 6. More than thirty days prior to the institution of this lawsuit, Michael Randolph filed a charge with Commission alleging violations of Title VII by Keane. All conditions precedent to the institution of this lawsuit have been fulfilled. 7. Since at least September 22, 1997, Keane has engaged in unlawful discriminatory employment practices, in violation of Sections 703 and 704 of Title VII, 42 U.S.c. §§2000e-2(a) and 3(a). These practices include, but are not limited to, the following: a) Keane has subjected and is currently subjecting a class of African American employees to racial discrimination and harassment, including, but not limited to, use of racial epithets and
2

Case 1:00-cv-11989-RCL Document 1 Filed 09/28/2000 Page 3 of 8
other racially derogatory names, a racially offensive KKK drawing, assigning customer accounts on the basis of race, and other offensive conduct which created and/or creates a hostile work environment.
b) Keane has subjected and is currently subjecting a class of African American employees to disparate treatment based on race, including but not limited to, assigning customer accounts on the basis of race, assigning its African American employees fewer accounts than other employees, delaying and/or denying compensation to its African American employees, and other conduct which created and/or creates disparate treatment on the basis of race.
c) After employees engaged in protected activity, including, but not limited to, complaining about the discriminatory practices described above, Keane took insufficient or no remedial action, and instead retaliated against the employees by taking adverse action against them, including negatively affecting their terms and conditions of employment.
d) Keane constructively discharged employees by its failure to eliminate the hostile environment.
8. The effect of the practices complained of above has been to deprive Michael Randolph and other similarly situated employees of equal employment opportunities, and otherwise adversely affect their status as employees on the basis of race, retaliation and constructive discharge.
9. The unlawful employment practices complained of above were intentional. 10. At all relevant times, Keane has been acting with malice or reckless indifference to the federally protected rights of Michael Randolph and other similarly situated individuals.
3

Case 1:00-cv-11989-RCL Document 1 Filed 09/28/2000 Page 4 of 8
PRAYER FOR RELIEF Wherefore, the Commission respectfully requests that this Court:
A. Grant a permanent injunction enjoining Keane, its officers, successors, assigns and all persons in active concert or participation with it, from engaging in any employment practices which discriminate on the basis of race, retaliation and/or constructive discharge;
B. Order Keane to institute and carry out policies, practices and programs which provide equal employment opportunities for employees engaging in protected activity, and which eradicate the effects of Keane's past and present unlawful employment practices;
C. Order Keane to make whole all the individuals affected by the unlawful employment practices described above, 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 Defendant's unlawful employment practices;
D. Order Keane to make whole all those individuals affected by the unlawful employment practices described above, by providing compensation for past and future pecuniary losses in amounts to be determined at trial;
E. Order Keane to make whole all those individuals affected by the unlawful employment practices described above by providing compensation for non-pecuniary losses, including pain, suffering and humiliation in amounts to be determined at trial.
F. Order Keane to pay all those individuals adversely affected by the unlawful employment practices described above punitive damages for its malicious and/or reckless conduct in amounts to be determined at trial;
G. Grant such further relief as the Court deems necessary and proper; 4

Case 1:00-cv-11989-RCL

Document 1

• Filed 09/28/2000

Page 5 of 8

H. Award the Commission its costs in this action. JURY TRIAL DEMAND
The Commission requests a jury trial on all questions of fact raised by its complaint.

tI5 , Dated: September 2000
Boston, MA

Respectfully submitted,
C. Gregory Stewart General Counsel
Gwendolyn Y. Reams Associate General Counsel
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 1801 "L" Street, N.W. Washington, D.C. 20507

:Acting Regional Attorney EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

Rosa . i Trial Atto EQUAL E OYMENT OPPORTUNITY COMMISSION Boston Area Office John F. Kennedy Federal Building, Room 475 Government Center Boston, MA 02203-0506
5

~~t' .CiVll COVER SHO"" 11~0s'at'~0 ~Ui.red ;2t96}

Case 1:00-cv-11989-RCL Document 1 Filed 09/28/2000 Page 6 of 8
Q

The JS-44 eMl COWl' sheet and the Infonnation contained herein neither replace nor supplement the filing and service Of

by law. except as provided by local rules of court. This form, approved by the Judicial Conference Of the UnHIftI ~tes In S4!1ptember 1974. is required for the use

THI Of the Clerk Of Court for the purpose Of Initiating the oMI docket sheet. (SEE INSTRUCTIONS ON

~~~I~F=;"tRE.. ~~R.M) ..

1, . '··· .',:: 1.(8) PLAINTIFFS

DEFENDANTS J,·,.L ..••

BlUc:::~:nent CWOrtunity

Keane, IncSEP 28 9 26 Alf tUG

(b) COUNTY OF RESIDENCE OF FIRST USTED PlAINTIFF
(EXCEPT IN U.S. PLAINTIFF CASES)

J;, S. i

.,

'..5u. rro I OF;FIR~USTED II ' ( :.
COUNTY OF RESIDENCE

'.
DEFENDANT

'i--<}- I L

(IN U.S. PLAINTIFF CASES ONLy) NOTE: IN LAND CONDEMNAnON CASES. USE THE LOCATION OF THE
TRACT OF LAND INVOLVED.

(c) ATIORNEYS (FIRM NAMe. ADDRESS. AND TELEPHONE NUMBER) See Attaclrnent

AtTQRNEY§JIF KNOWN)

,Jonn 1". welSh, Esq.

..

Testa, Hurwitz , Thibeault, LLP

125 High street

Ibston, MA. 02110-2704

II. BASIS OF JURISDICTION (PlACE AN 'X' IN ONE BOX ONLy)

~ 1 U.S. Government PlaIntiff

o 3 Federal Question
(U.S. Govemment Not a Party)

III. CITIZENSHIP OF PRINCIPAL PARTIES (PLACE AN 'X'IN ONE BOX FOR PLAlNtlFF

(For DivefsHy Gases Only)

AND ONE BOX FOR DEFENDANT)

CItizen of This State

PTF DEF

PTF DEF

o 1 0 1 Incorporated or Principal Place 0 4 0 4

of Business In This State

o 2 U.S. Govemment
Defendant

04DlversHy
(Indicate Citizenship Of Parties In Item III)

Citizen of Another State 0 2 02
CItizen or SUbject Of a 0 3 0 3 foreign Country

Incorporated and Principal Place 0 6 0 5
Of Business In Another State

foreign Nation

06 06

IV. ORIGIN
~ Original Proceeding

0 2 Removed from State Court

(pLACE AN "X" IN ONE BOX ONLy)

0 , Remanded from o 4 Reinstated or

Appellate Court

Reopened

Transferred from
o i another district (specify)

o • Multidistrict litigation

Appeal to District
Judge from
o 7 Maglstrate
Judgment

V. NATURE OF SUIT (PLACE AN "X" IN ONE BOX ONLy)

CONTRACT

o 110 insUrance

o0120 Mai1ne
no Milierkt

o 140 NegQlI_ lnslrumem

0150 RoecNeIyolDYe3!vmenl
&~ Judgmem

= r r ! , o 151 Medicare Act

o 112

OeI'aufted

Student s

(ExcI. Vatel'an$)

o 1U RoecNeIy 01 DYerpaymen1 01 Vateran's Benefits
o 110 SIockhoIders' SuI1$
o0110 OtherContracl
,.5 ContracI Product liability

REAL PROPERTY
o 210 Land Condemnation o 220 Foreclosure
o DO Rent Leae & Ejectment
o 240 "RKtt to Land o 245 Ton Product UaDlIIty
o 2tO All Other Real FWpeny

TORTS

FORFEITURE/PENALTY BANKRUPTCY

PER80NALINJURY
oO"0AJ~ .15 AJ~ Product UaDlIIly
o no ~ft, Ubel & Slander
o hO Federal Employers' UaDlIIly
o :t4O Mai1ne o M5 Mai1ne Product
UaDlIIty
o ISO Uotor Vehicle o US Uotor Vehicle
Product UaDlIIly
o NO Other Personal InJUIY

PERSONAL INJURY
o H2 PeMIIIJ Injury Med. Malpractice
o "5 PeMIIIJ InIU~Product uabli
o HI Asbestos Personal Injury Product Uability
PER8ONAI.I'ROPERTY
o 170 Other Fraud o 171 TMh In ltndlng o HO Other Personal
Propeny o.mage
o *'5 Propeny Oemage Product uablilty

CIVIL RIGHTS
0441 Voting
o3442 Employmem 443 HousIng! ~mQdaIlOns 0 4 4 4 _. . . .
o 440 Other CMI RIght$

PRISONER PETITIONS
o 110 Motions 10 Vacate Semence HABEAS CORPU8:
oDUO General US Death PenaJ1y
o 140 Mandamus & other
[) 5150 CMI Rights
o 555 PrIson Condition

o .10 AQr1cufture o 120 Other Food & Orug o 12$ Oruo Related Seizure
01 Propeny 21 USC 881
o 130 liquor Laws o UO R.R. & Truck o ISO AII1lne Regs. o 110 Cleeupatlonal
Saf9tyJHeallh
o ItO Other
LABOR
o 710 Ftlr Ubor Slandard$ k:J.
o 720 UborlMgmt. Relations o no UbortMgmt. RtpQlllng
& QIsolOsure Act
o 740 Rallwt.y Ubor k:J. o 710 Qlher Labor litigation o 711 Empl. Ret. Inc.
SeCUrity k:J.

o '22 Appeal 28 USC 151 o 423 WIthdrawal
28 USC 157
PROPERTY RIGHTS
o 120 CopyTIght$
DUO Pattm
o UO tr.demarl<
SOCIAL SECURITY
OH1 HIA(l395!1)
o H2 Black Lung (923) o HI 0NJCf0rNW (405(g» o H4 SSlD TlIIe XVI o H5 RSI (405(g»
FEDERAL TAX SUITS
o .70 Taxes (U.S. PIelmlll Of Defendant)
o .71 ~SuScr;o~Pany

OTHER STATUTES
o 400 state Reapponlonmen1 o 410 Antitrust o 430 Banks ItId Banking o 410 CommereeIICC RatO$/eI<;. o 410 OepOC'latlon o UO Rac:kateer Inftuenced and
o .,0 Corrupt Organizations Selective SeMce
o ISO Securtlle$lCQmmodltlesl ExChange
o 175 CUstomer Challenge 12 USC 3410
o0 ..1 AQncullurai Acts
It2 Economic StabIlization Act
o In Environmental Matters o 1M Energy AlIoCaIIon Act o US FreedOm of
Il1fQrmaIlon Act
o toO Appeal 01 Fee Determination Under Equal Access 10 Justice
o t$O Constitutionality 01 stale stalutft
o ItO otner stalutory ActIon$

VI. CAUSE OF ACTION (CITE "THE U.S. CML STATUTE UNDER WHICH YOU ARE FlUNG AND WRITE BRIEF STATEMENT OF CAUSE.
DO NOT CITE JURISDtCTlONAl. STATUTES UNLESS DIVERSITY.)
This action alleges Defendant violated 42 U.S.C. s. 2000 et seq., or Title VII by discriminating against individuals on the basis of race.

VII. REQUESTED IN COMPLAINT.:

CHECK IF THIS IS A CLASS ACTION
o UNDER F.R.C.P. 23

DEMAND $

CHECK YES only If demanded in complaint:

JURY DEMAND: xxYES

0 NO

VIII. RELATED CASE(S) IF ANY

(See Instructions): JUDGE_ _ _-+---iIilTtMtlr.-Tf1t+tJt=..........._ _

DOCKET NUM8ER _____________________

SIGNATURE 0 A

RECEIPT 1 1 - -_ _ _ AMOUNT___________ APPLYING IFP.'--________ JUDGE _____________ MAG. JUDGE _ _ _ _ _ _ _ __

,

• Case 1:00-cv-11989-RCL

Document 1

Filed 09/28/2000

Page 7 of 8

ATTACHMENT TO CIVIL COVER SHEET (C)

ATTORNEYS FOR PLAINTIFF

R. LILIANA PALACIOS, TRIAL ATTORNEY, E.E.O.C. BOSTON AREA OFFICE JFK FEDERAL BUILDING, ROOM 475 GOVERNMENT CENTER BOSTON, MA 02115 (617) 565-3210

KATHERINE BISSELL, ACTING REGIONAL ATTORNEY, E.E.O.C. E.E.O.C. NEW YORK DISTRICT OFFICE 7 WORLD TRADE CENTER, 18TH FLOOR NEW YORK, NEW YORK 10048 (212) 748-8504

C. GREGORY STEWART, GENERAL COUNSEL, E.E.O.C. GWENDOLYN Y. REAMS, ASSOCIATE GENERAL COUNSEL, E.E.O.C. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 1801 "L" STREET, N.W. WASHINGTON, D.C. 20507

Case 1:00-cv-11989-RCL
•

coa Document 1 Filed 09/28/2000 tJN[RD STATES DtsTIUcr DISTIUCf OF MASSACIUSEtTS

Page 8 of 8

OVIL COVER. SHEEr. (SEE LOCAL RULE "'1(A)(1»).

L

n.

as. ItS, ~ _ ...... 441..uc. 540., 551. 555. 'II. . , . ' "

140. '7tiG, "I. Uf4. o r...... tsO., no. m~ It5, ~

I; ..(). ';
!i; ~ I r
-AIM _pIN AO 120 ... AO III fer pae.t. Cn4__rir.... ~t cu.ea

m.
... ""~
IV.

v.

150.,151,153.

3. TITLE AND NUMBER. IF ANY. OF R£t.ATEU CASES. (SEE LOCAL ktJU: ..a.l(E»).

.(. HAS A PRIOR ACI10N BETWEEN THE SAME. 'AktiES AND BASED Of!! TIlE. s.u.;... a..AIM EVER. BEEN f1L£D IN THIS

couan

YES 0

NO)a

5. DOES THE COMPLAINT IN mls CASE QUESTlON mE CONSTITUTIONAUTY OF AN ACf OF CONGRESS AFFF.C11NG T1

.UBUC INTEREST! (SEE 21 USC %-403)

YES 0

NO 121-

IF SO. IS mE U.5.A. OR AN omCER.. AGENT OR EMPLOYEE OF mE u.s. A .AkT\'1
(]

o NO

6. IS mls CASE REQUllU:D TO BE 1lEA.RD AND DEl'ERMINED BY A DISTRlCf COURT OF TBREE JUDGES .URSUANT TO

TITLE 1S usc zan

YES (] .

NO:st.

1. DO ~ pARTIES IN TIUS AcnoN RESIDE IN mE CErCTkAL S£C'I1ON OF THE DISTIUCf OF MASSAalUSEtTS

(wORqsRR. CO\!ND) - (SEE LOCAL RULE -"(C)).

w.s (] NO JS.

Ok IN THE W£STEIU( SECIlON (BERICSHIRE.'Fl!.ANKuN. HAMPDEN OR RAMI'SR!R£ COUNJ1ES)l -

(SEE LOCAL RUU 40..1(0»).

YES (]

NO}ZJ-

... DO AIL OF mE PARTIES R.£SlDING IN MASSACHUSE'ITS RESIDE. IN THE. CENTRAL AND/OR WES'TERN SECTIONS 0

THE DlSTRICTI

YES (]

NO l:h..

(al

IF YES. IN wmcu SECTION DOES THE PLAINTIff RESIDE.1_ _ _ _ _ _ _ _ _ _ _ _ _ _ __

,. IN WHICH SECTION 0\. ."" Of'(LY PAR11E.S RUIDING IN MASSACHUSEITS kEStD!.1_.....::b::£.:::D;,.5:.t,TD..::..L.N.l>I-----

lo. IF ANY oFmt. 'ARnU ARE THE UNITED STATES. COMMONWEALm OF MAS6AalUSETTS. OR. ANY GOVERNME

AGENCY OF ntt U.s.A.. OR. TII£ COMMOf'(WEALnt. DO AIL OTHER. .ARllES IU!:SfDE IN THE

cr:N'TR.AL SI!.CTI<.r.,·· YES (] .r«> ~

OR W£STE.RN S!CfION. YES (]

NO

(l'LEASE. 'IYI'E OR. 'RINT)
ATIORNEY'S NAME Rosa L. Palacios, Esq.

ADDRESS poe -

Postrn

Arpa Offj ce 1':E!" Ie e

~ ~g8. M

Roo'li 415,

fbs LuI,

MA

ttl..Ef'HON!. f«). 617-565-3210

(c..torcC'~ • 3I'n)

02203

 
 Case 1:00-cv-11989-RCL Document 16 Filed 02/08/2001 Page 1 of 7

UNITED STATES DISTRICT COURT OF MASSACHUSETTS
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff,
MICHAEL D. RANDOLPH,
Plaintiff-Intervenor,
v. KEANE, INC.,
Defendant.

I: ,
...., ,
Civil Action No:" 00-1 1989 RCL
COMPLAINT TO INTERVENE AS OF RIGHT AND JURY DEMAND

INTRODUCTION 1. This is a Complaint brought pursuant to Title VII of the Civil Rights Act of 1964, as amended, codified as 42 U.S.C. § 2000c-(5)(f)(1) and Title I of the Civil Rights Act of 1991, to intervene in a lawsuit filed by the Equal Employment Opportunity Commission before this Court, filed as Civil Action No. 00-11989 RCL. The Plaintiff futervenor is a former employee of Defendant Keane, Inc. who filed a charge with the Equal Employment Opportunity Commission alleging that he was racially discriminated against in the workplace. Specifically, the PlaintiffIntervenor alleges the following facts:
PARTIES 2. The Plaintiff, United States Equal Employment Opportunity Commission ("EEOC") is the agency of the United States of America charged with the administration, interpretation and enforcement of Title VII, codified at 42 U.S.C. § 2000(e)-(5)(f)(I). 3. The Plaintiff Intervenor, Michael D. Randolph ("Randolph") is an individual whose residence is 2163 Vineyard Way, Smyrna, GA 30082.

Case 1:00-cv-11989-RCL Document 16 Filed 02/08/2001 Page 2 of 7
4. The Defendant, Keane, Inc. ("Keane"), is a Massachusetts corporation doing business in the Commonwealth of Massachusetts in the County of Suffolk, and has continuously had at least fifteen employees.
5. At all relevant times, Keane was an employer engaged in industry affecting commerce within the meaning of Section 701(b), (g) and (h) of Title VII, 42 U.S.C. § 2000(e)-(b), (g) and (h).
JURISDICTION 6. This Court has subject matter jurisdiction to allow the Plaintiff Intervenor to join this suit pursuant to Fed.R.Civ.P. 24(a) and 28 U.S.c. §§ 451, 1331, 1337, 1343 and 1345. The action is authorized pursuant to Section 706(t)(1) and (3) of the Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.c. § 2000(e)-(5)(t)(I). 7. This Court has personal jurisdiction over this action because the employment practices alleged to be unlawful were committed by a Massachusetts corporation licensed to do business in Massachusetts.
FACTS 8. Plaintiff Intervenor was employed by Keane as a Sales Representative from July 15, 1998 through his date ofterrnination on January 25, 1999. He worked out of its Wayne, Pennsylvania, office during the time that he worked for Keane. 9. While employed at Keane, Randolph was subjected to the following acts of racial discrimination, among others:
a) On July 17, 1998, two days after he began work for Keane, he noticed the symbol "KKK" on a whiteboard in the office next to his belonging to co-

Case 1:00-cv-11989-RCL Document 16 Filed 02/08/2001 Page 3 of 7
worker Frank McGee ("McGee"); b) On August 19, 1998, Randolph told McGee that the KKK which was still on
his board was racially offensive and asked that it be removed. McGee advised Randolph that the symbols would stay on the whiteboard until such time as a manager told him to remove them; c) Randolph noticed that the KKK symbol was still on the board on September 5, 1998. Sales Manager Bill McDonnell ("McDonnell") was present in McGee's office at this time. Randolph requested to both McDonnell and McGee that the KKK symbol be taken off ofthe whiteboard. When Randolph was told that he was being oversensitive to the symbol, Randolph suggested that either one K be erased, or that another K be added. McDonnell and McGee chuckled at the suggestion. The KKK symbol remained on the whiteboard. d) On September 14, 1998, Randolph was advised that the Hercules Incorporated account was being taken away from him and being given to a Caucasian sales representative. Randolph was incorrectly advised that this Caucasian sales representative who already had more accounts than did Randolph lived in the area. Randolph had worked on this account while he was with his previous employer General Electric and was quite able to continue servicing this account; e) On September 18, 1998, Randolph was informed that he was being removed from the GPU Energy ("GPU") because of his race. He was told that the client did not wish to do business with a black man, that the client was a racist and

Case 1:00-cv-11989-RCL Document 16 Filed 02/08/2001 Page 4 of 7
that the client had told Keane that Randolph was better suited to work in the inner-city area of Philadelphia rather than the suburbs. Randolph was taken off the GPU account immediately. The GPU account was transferred to a Caucasian sales representative. Randolph requested but was denied any compensation for any revenue coming out of the GPU account subsequent to his removal; f) Randolph's earning potential with Keane was being substantially limited at or about this time because the accounts that they were giving him were in or close to the inner-city of Philadelphia because of his race; g) On September 19, 1998, Randolph noticed that the KKK symbol was still present on Mr. McGee's board in the neighboring office. Randolph took photographs of this that were developed on the following day; h) On September 20, 1998, Randolph wrote a letter to Keane branch manager Gary Raider acknowledging that Randolph had been taken off the GPU account because of the racial concerns expressed by GPU and requested a meeting first thing Monday, September 21, 1998. Raider refused to meet with Randolph. Randolph never received a response to that letter; i) Randolph was advised on September 23, 1998 that he was being taken offthe $60 million dollar account for Rhodia, Inc. Keane's sales manager Bill McDonnell previously had numerous requests from Randolph to go in and meet the account. McDonnell never took Randolph to meet anyone involved in the Rhodia account. McDonnell offered Randolph the rationale that McDonnell

Case 1:00-cv-11989-RCL Document 16 Filed 02/08/2001 Page 5 of 7
had a better relationship with Rhodia's CIa. McDonnell also advised Randolph that McDonnell was setting up a skiing trip with Rhodia's CIO to which Randolph was not invited; j) McDonnell repeatedly referred to Randolph as "boy" during a dinner outing with a customer despite Randolph's requests that McDonnell not use that term. k) Randolph was informed on November 10, 1998 that another account, Carpenter Technology was being taken away from him. Randolph had worked on this account for five years for other companies for whom he worked; 1) On the next day, November 11, 1998, Randolph spoke with McDonnell regarding having lost four accounts in less than two months. McDonnell told Randolph that one of the accounts was being taken away from him because Randolph was a black man. Randolph told McDonnell that there is a pattern of racism to which McDonnell had no response; m) On the following day, November 12,1998, the KKK symbol was removed from the whiteboard in McGee's office; 10. On January II, 1999, Randolph submitted his resignation from Keane to be effective January 25, 1999. Randolph cited various items of racial discrimination in his letter of resignation. Keane never responded to Randolph's claims of racial discrimination submitted in his resignation letter dated January 11, 1999.
COUNT I
<Violation of 42 U.S.C. § 2000e-(a) and 3(a) 11. Plaintiff Intervenor incorporates paragraphs 1 through 10 herein.

Case 1:00-cv-11989-RCL Document 16 Filed 02/08/2001 Page 6 of 7
12. Plaintiff Intervenor incorporates the allegations of EEOC v. Keane, Inc., C.A. No.OO11989 RCL.
13. The practices of defendant as complained of above had the effect of depriving the PlaintiffIntervenor of equal opportunity and otherwise adversely affected his employment because of his race; the practices were intentional and were done with malice or with reckless indifference to the federally protected rights of the Plaintiff Intervenor.
14. Again, the practices of the Defendant as complained of above caused the Plaintiff Intervenor to experience conscious pain and suffering and other emotional hann.
15. The practice as described above is imputable to Defendant in violative of 42 U.S.C. § 2000e-2(a) and 3(a).
PRAYERS FOR RELIEF WHEREFORE, Plaintiff Intervenor respectfully requests that this Court: a) Issue a judgment in his favor ordering Defendant to provide appropriate backpay with
pre-j udgment interest, and amounts to be detennined at trial, and other affinnative relief necessary to eradicate the effects of Defendant's unlawful employment practices, including relief prayed for by the EEOC; b) Issue a judgment in Plaintiff Intervenor's favor ordering Defendant to provide compensation for non-pecuniary losses, including pain, suffering and humiliation in amounts to be detennined at trial, and other affinnative relief necessary to eradicate the effects of Defendant's unlawful employment practices including relief prayed for by the EEOC; c) Issue a judgment in Plaintiff Intervenor's favor ordering Defendant to provide

Case 1:00-cv-11989-RCL Document 16 Filed 02/08/2001 Page 7 of 7
compensation for past and future pecuniary losses, in amounts to be determined at trial; d) To issue a judgment in Plaintiff Intervenor's favor ordering Defendant to pay punitive
damages for its malicious and/or reckless conduct in amounts to be determined at trial; e) Issue a judgment in Plaintiff Intervenor's favor ordering Defendant to pay the costs of
reasonable attorney's fees and expenses as provided by 42 U.S.c. § 2000e-5(f)(1) and (3); f) Grant such other relief as this Court deems just.
JURY TRIAL DEMAND Plaintiff Intervenor requests a jury trial on all questions of fact raised by the Complaint to Intervene.
Respectfully submitted, MICHAEL RANDOLPH

Dated: November 16, 2000 Of Counsel: Jeffrey K. Martin, Esquire (ID #2407) Jeffrey K. Martin, P.A. 1509 Gilpin Avenue Wilmington, DE 19806 (302) 777-4680

Ke e I. Gordon, Esquire H g & Associates 63 Chatham Street Boston, MA 02019

 
 Case 1:00-cv-11989-RCL Document 34 Filed 04/30/2002 Page 1 of 1

UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, ET AL

V.

CIVIL ACTION NO. 00-11989-RCL

KEAN, INC., ET AL

SETTLEMENT ORDER OF DISMISSAL
LINDSAY, D.J.
The Court having been advised by counsel for the parties that the above-entitled action has been settledi
IT IS HEREBY ORDERED that this action is hereby dismissed without costs and without prejudice to the right, upon good cause shown within thirty (30) days, to reopen the action if settlement is not consummated.

April 30, 2002

 
 -f
\

UNITED STATES DISTRlCT COURT DISTRlCT OF MASSACHUSETTS

EQUALEMrLOYMENTOPPORTU}ITTY COMMISSION,
Plaintiff, MICHAEL RANDOLPH,
Plaintiff-Intervenor, v.
KEANE, INC., Defendant.

)

) )

Civil Action. N~11989 RCL

)

)

)

)

)

CONSENT DECREE

)

)

)

)

)

)

This action was filed on September 28, 2001, by Plaintiff, the Equal Employment Opportunity Commission (hereinafter the "EEOC"), an agency of the United States Government, alleging that Keane, Inc. (hereinafter "Keane") discriminated against Intervenor-Plaintiff, Michael , Randolph (hereinafter "Intervenor-Plaintiff'), and other similarly situated individuals in violation of Section 703(a) of Title VII ofthe Civil Rights Act of 1964, as amended, 42 U.S.C. 2000e-2(a), on the basis of their race, Black / African American. Keane denied, and continues to deny, these allegations.
The EEOC, Intervenor-Plaintiff and Keane desire to settle this action, and therefore do hereby stipulate and consent to the entry of this Decree as final and binding between Keane, Intervenor-Plaintiff and the EEOC, whom are the signatories hereto, and their successors or assigns.

(Revised: 2/25/2002)
1

Defendant, Intervenor-Plaintiff and the EEOC (hereinafter "the parties") have agreed that this Decree is being entered into without Findings ofFact and Conclusions of Law having been made and entered by the Court.
In consideration ofthe mutual promises of each party to this Decree, the sufficiency ofwhich is hereby acknowledged, the parties agree as follows, the Court finds appropriate, and it is therefore ORDERED, ADJUDGED AND DECREED that:
1. This Decree resolves all issues raised in EEOC Charge Number 110992938, and the Complaint filed by the EEOC, Civil Action No. 001-11989 RCL, specifically as to the issues raised and discovery completed for the following Keane facilities: (1) Blue Bell, PA, (2) Rockville, MD, (3) Albany, NY, and (4) Los Angeles, CA. In addition, this Decree also resolves the Complaint filed by Intervenor-Plaintiff in this case. This Decree in no way affects the EEOC's right to process any pending or future charges that may be filed ag~inst Defendant in accordance with standard EEOC procedures, and to commence civil actions on any such charges unrelated to those referenced above.
2. The parties agree and the Court finds that this Court has jurisdiction ofthe subject matter ofthis action and of the parties, that venue is proper, and that all administrative prerequisites have been met. No party shall contest the validity ofthis Decree, or the jurisdiction ofthe federal district court to enforce this Decree and its tenus.
3. This Decree is being issued with the consent of the parties and does not constitute an adjudication or finding by this Court on the merits of the allegations of the Complaint. Nothing contained in this Decree shall be construed as an admission of liability on the part of Defendants, who have denied and continue to deny the allegations of the Complaint asseliing race discrimination - including harassment and disparate treatment - related retaliation and
(Revised: 2125/2002)
2

constructive discharge under Title VII.

4. Keane and its managers, officers, agents, successors, and assigns, agree that they

will not discriminate against any individual because of the individual's race, subject

Black!African American employees to differential treatment regarding the terms and conditions

of employment, engage in racial harassment toward any employee, or engage in related

retaliation or constructive discharge against any individual for asserting her or his rights under

Title VII. Keane and its agents further agree not to retaliate against any individual who has

participated in this matter in some way, given testimony in this matter or asserted her or his rights

under Title VII, including, but not limited to, Intervenor-Plaintiff. Keane shall be entitled to take

remedial action to correct alleged unlawful discrimination without violating this provision.

A. MONETARY RELIEF

5. In settlement of this dispute, Keane shall pay a total of$375,000 as damages in

this action to the Intervenor-Plaintiff and claimants, Cynthia Lofton, Selange Roberts" and

Priscilla Berry. Such payment is in consideration for Intervenor-Plaintiff and each claimant

(collectively, "Claimants") releasing any and all claims brought by the EEOC in this action or

which could have been brought by the EEOC in this action as a result of each Claimant's

employment with and/or separation of employment from Keane, including all claims of

discrimination, harassment, retaliation, and constructive discharge (collectively, "Claims"). The

payment amounts set forth below shall be complete and unconditional payment, settlement,

accord and/or satisfaction with respect to all such Claims. Payments shall be allocated as

follows:

a)
(Revised: 2/25/2002)

Payment, in the form of a check made payable to Michael Randolph, in the 3

sum of$58,333.00 for back pay. This payment shall be subject to all applicable federal, state, and/or local withholding and/or payroll taxes. Keane shall issue a W-2 Form in connection with this payment.
b) Payment, in the form of a check made payable to Michael Randolph, in the sum of $175,000.00 for emotional distress damages. Keane shall issue an IRS Form 1099 in connection with this payment.
c) Payment, in the form of a check made payable to Jeffrey Martin, Esq. (Attorney for Michael Randolph), in the sum of$116,667.00 as payment of Randolph's attorney's fees. Keane will issue an IRS Form 1099 in connection with this payment. Mr. Martin's taxpayer identification number is 510371109.
d) Payment, in the form of a check made payable to Cynthia Lofton, in the sum of $1 0,000.00 for back pay. This payment shall be subject to all applicable federal, state, and/or local withholding and/or payroll taxes. Keane shall issue a W·2 Form in connection with this payment.
e) Payment, in the form of a check made payable to Selange Roberts, in the sum of $7500.00 for back pay. This payment shall be subject to all applicable federal, state, and/or local withholding and/or payroll taxes. Keane shall issue a W-2 Form in connection with this payment.
f) Payment, in the form of a check made payable to Priscilla Berry, in the sum of $7500.00 for back pay. This payment shall be subject to all applicable federal, state, and/or local withholding and/or payroll taxes. Keane shall issue a W-2 Form in connection with this payment.
(Revised: 2/25/2002)
4

6. Keane shall make such payments within thirty (30) days after receiving notice of the Court's entry of this Consent Decree, by delivering to counsel for Intervenor-Plaintiff and directly to claimants, Cynthia Lofton, Selange Roberts, and Priscilla Berry, by United States Postal Service, certified mail receipt, certified checks in the amounts set forth above and 1099 forms, as applicable. Additionally, Keane shall pay, on behalf of all parties, the sum of $2656.00 to Diane Cochran, Esq. for mediation services.
7. Keane shall send copies of the checks, 1099 forms, and return receipts to Arnold Lizana, Trial Attorney, EEOC, JFK Federal Building, Government Center, 4th Floor, Room 475, Boston, MA 02203, simultaneous to Keane's delivery to the Intervenor-Plaintiff and claimants. B. NOTICE AND POSTING
8. No later than 10 days after receiving notice of the Court's entry of this Consent Decree, Keane shall conspicuously post on the employee bulletin board in its offices in Bluebell, PA (Philadelphia) and Rockville, MD (Washington/Baltimore Commercial Unit), a copy of a remedial notice, printed on its letterhead and signed by Keane's Equal Employment Opportunity Officer, in the form attached hereto as Exhibit A. This notice shall be posted for a period of one (1) year in both offices. C. EQUAL EMPLOYMENT OPPORTUNITY OFFICER
9. EEO OFFICER: Keane shall designate an individual at its Corporate facility to serve as its Equal Employment Opportunity Officer (hereinafter "EEO Officer") no more than two (2) months after the entry of this Consent Decree. Once selected, Keane will advise the EEOC in writing of the identity ofthis individual and provide an updated resum.e for this individual to the EEOC. The EEO Officer's duties shall include, but are not limited to, general
(Revised: 2/25/2002)
5

responsibility for the review, revision, enforcement, implementation, and distribution of Keane's EEO policies and procedures nationwide, and responsibility for receiving and investigating complaints of discrimination. The EEO Officer shall also have responsibility for ensuring that an e-mail address is established for employees to lodge complaints of discrimination directly to his/her attention and will be charged with the creation of a centralized database of all reported complaints to be kept and monitored by the EEO Officer for any repeat offenders or other patterns needing prompt remediation. .
10. Branch EEO Representatives: The EEO Officer will designate one person in each of Keane's branch offices to serve as an EEO Representative for any and all EEO matters arising in that particular office. The EEO Officer shall designate the EEO Representatives no later than three (3) months following the entry of this Decree. This designee will have a dotted line reporting relationship to the EEO Officer who shall be located in Keane's corporate offices. The EEO Officer shall ensure that Keane EEO Representatives receive proper training, in accordance with paragraph F.19, below. Where a complaint of discrimination is reported to one of the EEO Representatives in a Keane branch office, immediate notice shall be given to the EEO Officer. The EEO Officer shall be accessible to said EEO Representative for guidance, suggestions and leadership in the branch office's handling of any discrimination complaints as necessary.
11. Keane will advise its employees in each branch office of the identity of the individual responsible for each respective office and will agree to provide immediate notice in the future to any branch office where the EEO Representative for that office has changed. D. OUTSIDE CONSULTANT
12. Keane shall retain an Outside Consultant to work with the Company and
(Revised: 2/25/2002)
6

specifically, with the EEO Officer, to review, revise, and create, as appropriate, Keane's BEO policies, procedures and protocols, including its complaint investigation and remediation procedures. The Outside Consultant shall also assist Keane and the BEO Officer in the review and implementation of Keane's BEO-related training. Once selected, Keane will advise the EEOC in writing of the identity ofthis individual and provide an updated resume for this individual to the EEOC. In accomplishing his/her responsibilities, the Outside Consultant will consider, at minimum, the following: (1) whether Keane's EEG policies are clear, accurate and effective in communicating to employees the prohibitions against unlawful discrimination; (2) whether such policies are being effectively disseminated to employees; (3) whether the policies make clear that' employees making complaints or cooperating in an investigation shall be protected against retaliation and that efforts will be made to ensure retaliation does not occur; (4) whether the complaint procedure is clearly described and easily accessible to employees; (5) whether the BEO policies provide guidance to employees on unlawful discrimination which may occur while the employee is on a client site; (6) whether Keane has made its clients aware ofits EEO policies and procedures; and (7) whether training of Keane employees on EEO matters is sufficient and whether the training program is implemented efficiently and effectively. Once the Outside Consultant and EEO Officer have contemplated these and other related matters, both shall submit their recommendations in writing to Keane. Keane will review the recommendations and implement appropriate changes within six (6) months from the signing of this Decree. E. WRITTEN POLICIES
13. With the recommendations of the Outside Consultant and with the input of its
(Revised: 2/25/2002)
7

EEO Officer, Keane shall appropriately rename and revise its "Productive Workplace Policy" as a general anti-discrimination/EEO policy and ensure it contains, at minimum, the following: (1) an explanation of prohibited conduct; (2) the assurance that Keane will not retaliate against employees who make complaints of discrimination, who oppose practices they consider to be unlawfully discriminatory, who participate in protected activity or who provide information related to complaints of discrimination; (3) a clearly described complaint process that provides accessible avenues of complaint, including a number of choices of individuals to whom complaints can be made both at the branch and corporate level and a centralized e-mail address to be received by the EEO Officer for employees to make complaints; (4) the assurance that the employer will accept any and all complaints from employees who wish to file complaints internally with the Company; (5) the assurance that the employer will not publicize unnecessarily the subject matter of the complaints or the identity of complainants; (6) a complaint process that provides a prompt, thorough, and impartial investigation; (7) the assurance that Keane will take prompt and appropriate corrective action when it determines that discrimination has occurred; and (8) an explanation that the policy applies to all employees, whether working at a Keane office, a client site or elsewhere. This revised policy will specifically apply to all forms of discrimination protected under Federal law, not just sexual harassment. Keane also agrees that this revised policy will be included in management or employee handbooks distributed in the ordinary course ofbusiness to its employees.
14. These new or revised policies will be submitted to Arnold Lizana, Trial Attorney, EEOC, Boston Area Office, JFK Federal Bldg. Room 475, Boston, :MA 02203-0506, for evaluation of substantial compliance and approval within six (6) months after receiving notice of
8

the Court's entry of this Consent Decree. EEOC will then notify Keane within thirty (30) days as to whether such policies are acceptable. In the event that the proposed policies are not acceptable to the EEOC, the parties will confer in good faith and attempt to reach an agreement no later than 45 days after receiving the EEOC's objection. Approval will not be unreasonably withheld by the EEOC.
15. Keane shall distribute and post these policies and include them in any relevant policy or employee manuals kept within one (1) month of finalizing said policies. The policies shall be posted in a conspicuous and accessible place at all branch offices and printed in a font that is easily legible (at least 14 point font). F. TRAINING
16. All Keane management at the Director level and above shall be required to attend an in-person training program of at least four (4) hours regarding equal employment opportunity rights and responsibilities under state and federal law, including race discrimination, harassment, and retaliation. This training program shall also include diversity training and shall emphasize supervisor reporting responsibilities and the consequences for non-reporting. Management employees shall also receive training on the new and revised policies implemented by Keane set forth in Section E above.
17. All Keane supervisors or managers below the Director level shall be required to attend a training program of at least three (3) hours regarding equal employment opportunity rights and responsibilities under state and federal law, including race discrimination, harassment and retaliation. This training program shall also include diversity training and shall emphasize supervisor reporting responsibilities and the consequences for non-reporting. These employees
9

shall also receive training on the new and revised policies implemented by Keane set forth in Section E above. Training for supervisors or managers below the Director level shall be conducted either in person, by video, or electronically.
18. All Keane consultants and other non-managerial employees shall be required to attend a training program of at least one (1) hour regarding equal employment opportunity rights and responsibilities under state and federal law, including race discrimination, harassment and retaliation. This training program shall also include diversity training. Consultant and other nonmanagerial employees shall also be advised of the new and revised policies implemented by Keane set forth in Section E above. Training for consultants and other non-managerial employees shall be conducted either in person, by video or electronically.
19. Any and all employees designated as EEO Representatives in the branch offices shall receive training required of Director level management as described above. All employees designated to investigate employee complaints of discrimination shall receive at least four (4) additional hours oftraining regarding proper investigative procedures and techniques.
20. Six (6) months after receiving notice ofthe Court's entry ofthis Decree, Keane shall submit a draft curriculum and materials to be distributed at such training to the EEOC. EEOC will then notify Keane within thirty (30) days as to whether its proposal is acceptable. In the event that the proposed course is not acceptable to the EEOC, the parties will confer in good faith and attempt to reach an agreement no later than 45 days after receiving the EEOC's objection. Approval will not be unreasonably withheld by the EEOC. G. REFERENCES
21. Keane, if asked to provide a reference check for the Intervenor-Plaintiff or
10

claimants will handle such request in accordance with its normal policy and, th,ereby, only provide the former employee's dates of employment and the position held. H. MONITORING
22. The EEOC has the right to monitor and review compliance with this Consent Decree. Keane shall designate a liaison in order to facilitate the EEOC's right to monitor and review compliance with this Decree within one (1) month from its entry. Keane shall provide the name of the liaison to Arnold Lizana, Trial Attorney, EEOC, JFK Federal Building, Government Center, 4th Floor, Room 475, Boston, MA 02203. Accordingly:
a) On or before six (6) months from the date the Court enters this Consent Decree, Keane shall submit written proof via affidavit to the EEOC that it has complied with the above requirements set forth in sections A-E above, and Section F with respect to the Philadelphia and Washington/Baltimore Commercial Unit branch offices, and that the notice required by this Decree was conspicuously posted in the Philadelphia and WashingtonIBaltimore Commercial Unit branch offices.
b) Nothing in this Decree shall be construed to preclude any party from enforcing this Decree in the event that any party fails to perform the promises and representations contained herein.
23. This Decree will remain in effect until one (1) year from entry of this Decree.
11

SO ORDERED, ADJUDGED AND DECREED.
Signed this -jLda~fl{~

APPROVED IN FORM AND CONTENT:

By Plaintiff, EEOC:

/
EQUAL EMPLOYMENT OPPORTUNITY
COMMISSION

THERINE E. BISSELL egional Attorney EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 201 VARICK STREET, ROOM 1009 NY,NY 10014 (212) 337-2018

R. LIL",.." ..· Trial Atto EQUAL E PLOYMENT OPPORTUNITY COMMISSION Boston Area Office JFK Federal Building, Room 475 Boston, MA 02203-0506 (617) 565-3210

12

By Plaintiff-Intervenor Michael Randolph:
By Defendant,
KEANE, INC.:

~~ 1509 Gilpen Ave. Wilmington, DE 19806 (302) 777-4680
~~oC K]; THlGORD<5N;ESQ. Hogan & Associates 63 Chatham Street Boston, MA 02109 (617) 742-4602
JO F. WELSH TeSi a, Hurwitz & Thibeault, LLP
1?~ High Street
~oston, Massachusetts 02110-2704 'Attorney for Defendant
. KEANE, INC.
(617) 248-7000

13

 
 District of Massachusetts Version 2.5 - Docket Report

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United States District Court District of Massachusetts (Boston) CIVIL DOCKET FOR CASE #: 1:00-cv-11989-RCL

CLOSED

Equal Employment v. Keane, Inc. Assigned to: Judge Reginald C. Lindsay Demand: $0 Cause: 42:2000 Job Discrimination (Race) Intervenor Plaintiff Michael Randolph
Plaintiff Equal Employment Opportunity Commision

Date Filed: 09/28/2000 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff
represented by Kenneth I. Gordon 63 Chatham Street Boston, MA 02109 617-742-4602 Fax: 781-280-0298 Email: kgordon@gordonlawoffice.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Arnold J. Lizana, III U.S. Equal Employment Opportunity Commission E.E.O.C. Boston Area Office J.F.K. Federal Building Room 475 Boston, MA 02203-0506 617-565-3210 Fax: 617-565-3196 Email: arnold.lizana@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED
C. Gregory Stewart Equal Employment Opportunity Commission 7 World Trade Center 18th Floor New York, NY 10048 212-748-8512 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Gwendolyn Young Reams Equal Employment Opportunity Commission

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V. Defendant Keane, Inc.
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1801 L Street, N.W. Washington, DC 20507 202-663-4667 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Katherine E. Bissell Equal Employment Opportunity Commission New York District Office 201 Varick Street Room 1009 New York, NY 10014 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Rosa L. Palacios Equal Employment Opportunity Commission Boston Area Office John F. Kennedy Federal Building Government Center, Room 475 Boston, MA 02203-0506 617-565-3216 Fax: 617-565-3196 Email: rosa.palacios@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Adam P. Forman Littler Mendelson, PC One International Place, Suite 2700 Boston, MA 02110 617-378-6007 Fax: 617-737-0052 Email: aforman@littler.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
John F. Welsh, III Bello, Black Welsh LLP 535 Boylston Street Suite 1102 Boston, MA 02116 US 617-247-4100
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Intervenor Defendant Keane, Inc.

Date Filed

#

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Fax: 617 247 4125 Email: jwelsh@belloblack.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Martha J. Zackin Keane, Inc. 100 City Square Charlestown, MA 02129 617-517-1379 Fax: 617-517-1363 Email: mzackin@keane.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Robert L. Kilroy Mirick O'Connell DeMallie & Lougee, LLP 1700 West Park Drive Westborough, MA 01521-3941 508-898-1501 Fax: 508-898-1502 Email: rlkilroy@modl.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Adam P. Forman (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
John F. Welsh, III (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Martha J. Zackin (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Robert L. Kilroy (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Docket Text
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09/28/2000 09/28/2000 11/02/2000
11/07/2000 11/22/2000 11/22/2000
11/22/2000 11/22/2000 11/22/2000 11/22/2000 11/27/2000
11/27/2000 11/28/2000 11/28/2000
12/20/2000
02/05/2001 02/05/2001

1 Complaint filed. Case assigned to Judge: Lindsay. Fee Status: waived (sat) (Entered: 09/29/2000)
Summons issued for Keane, Inc. (sat) (Entered: 09/29/2000)
2 Judge Reginald C. Lindsay. Order entered returning Waiver of Service of Summons to R. Liliana Palacios, Esquire. No date appears for when the request was sent. Copy sent to counsel on 11/2/00. (sat) Modified on 11/13/2000 (Entered: 11/02/2000)
3 Waiver of service returned executed as to Keane, Inc. . Mailed on 9/29/00 . Answer due on 11/28/00 for Keane, Inc. (sat) (Entered: 11/07/2000)
4 Motion by Michael Randolph for Jeffrey K. Martin to appear pro hac vice fee status: paid fee amt: $50.00 Receipt #: 26918 , filed. (sat) (Entered: 11/28/2000)
5 Affidavit of Jeffrey K. Martin, re: [4-1] motion for Jeffrey K. Martin to appear pro hac vice fee status: paid fee amt: $50.00 Receipt #: 26918, filed. (sat) (Entered: 11/28/2000)
6 Notice of filing of motion to intervene as party plaintiff by Michael Randolph , filed. (sat) (Entered: 11/28/2000)
7 Motion by Michael Randolph to intervene as party plaintiff , filed. (sat) (Entered: 11/28/2000)
8 Memorandum by Michael Randolph in support of [7-1] motion to intervene as party plaintiff, filed. (sat) (Entered: 11/28/2000)
9 Affidavit of Jeffrey K. Martin, re: [7-1] motion to intervene as party plaintiff, filed. (sat) (Entered: 11/28/2000)
10 Certificate of service by Michael Randolph re: [9-1] affidavit, [8-1] support memorandum, [7-1] motion to intervene as party plaintiff, [6-1] remark, [5-1] affidavit, [4-1] motion for Jeffrey K. Martin to appear pro hac vice fee status: paid fee amt: $50.00 Receipt #: 26918 , filed. (sat) (Entered: 11/28/2000)
11 Answer by Keane, Inc. to complaint, filed; c/s. (sat) (Entered: 11/28/2000)
12 Certificate of Consultation re: [7-1] motion to intervene as party plaintiff, filed. (sat) (Entered: 11/28/2000)
Judge Reginald C. Lindsay. Endorsed Order entered granting [4-1] motion for Jeffrey K. Martin to appear pro hac vice fee status: paid fee amt: $50.00 Receipt #: 26918 . [EOD Date 11/28/00]. Copy sent to counsel on 11/28/00. (sat) (Entered: 11/28/2000)
13 Judge Reginald C. Lindsay. Notice of Hearing/conference: set scheduling conference for 3:30 2/14/01 . Notice sent to counsel on 12/20/00. (sat) (Entered: 12/20/2000)
14 Joint statement by Equal Employment, Keane, Inc. for scheduling conference; c/s. (sat) (Entered: 02/06/2001)
15 Rule 16.1 Certification filed by Keane, Inc.; c/s. (sat) (Entered: 02/06/2001)

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02/08/2001 02/08/2001 02/12/2001 02/14/2001 02/14/2001
02/26/2001 03/02/2001 03/14/2001 03/19/2001 03/19/2001 03/20/2001
03/21/2001 06/06/2001 06/15/2001 06/15/2001

Judge Reginald C. Lindsay. Endorsed Order entered granting [7-1] motion to intervene as party plaintiff. [EOD Date 2/9/01]. Copy sent to counsel on 2/9/01. (sat) (Entered: 02/09/2001)
16 Intervenor's complaint by Michael D. Randolph against Keane, Inc. , filed; c/s. (sat) (Entered: 02/09/2001)
17 Rule 16.1 Certification filed by Equal Employment . (sat) (Entered: 02/13/2001)
Scheduling conference held. (sat) (Entered: 02/15/2001)
18 Judge Reginald C. Lindsay . Clerk's Notes: re: scheduling conference. counsel appear for Rule 16(b) Scheduling Conference. Parties will attempt to resolve the issue of how many claimants will actually be in the case. RESET scheduling conference for 3:30 3/8/01 . Court Reporter: no court reporter present. (sat) (Entered: 02/15/2001)
19 Answer by Keane, Inc. to [16-1] intervenor complaint , filed; c/s. (sat) (Entered: 02/27/2001)
20 Rule 16.1 Certification filed by Michael Randolph; c/s. (sat) (Entered: 03/02/2001)
21 Judge Reginald C. Lindsay. Notice of Hearing/conference: RESET scheduling conference for 3:00 4/4/01 . Notice sent to counsel on 3/14/01. (sat) (Entered: 03/14/2001)
22 STIPULATION (Motion) by Equal Employment, Keane, Inc. , regarding ex-parte interviewing of defendant's current and former employees , filed; c/s. (sat) (Entered: 03/20/2001)
23 Letter by Robert L. Kilroy dated: March 19, 2001 to: Anthony Anastas re: requesting the cancellation of the 4/4/01 scheduling conference, filed. (sat) (Entered: 03/20/2001)
Judge Reginald C. Lindsay. Endorsed Order entered granting [22-1] stipulation motion regarding ex-parte interviewing of defendant's current and former employees. [EOD Date 3/21/01]. Copy sent to counsel on 3/21/01. (sat) (Entered: 03/21/2001)
24 Judge Reginald C. Lindsay. Notice/order entered cancelling deadline. Deadline terminated: 4/4/01. Notice sent to counsel on 3/21/01. (sat) (Entered: 03/21/2001)
25 Judge Reginald C. Lindsay. Notice of Hearing/conference: set scheduling conference for 3:00 8/15/01 . Notice sent to counsel on 6/6/01. (sat) (Entered: 06/06/2001)
26 SUPPLEMENTAL Disclosure to Initial Disclosures by Michael Randolph, filed; c/s. (sat) (Entered: 06/15/2001)
27 Judge Reginald C. Lindsay. Order entered returning Answer to Defendant Keane's First Set of Interrogatories. to Jeffrey K. Martin. Discovery documents are not to be filed with the Court pursuant to L.R. 26.6(A). Copy sent to counsel on 6/15/01. (sat) (Entered: 06/15/2001)

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07/17/2001 08/28/2001
01/17/2002 01/29/2002
01/29/2002 02/26/2002 04/30/2002 04/30/2002
04/30/2002 04/30/2002 05/09/2002 05/09/2002 05/16/2002 05/23/2002

28 Notice of appearance of attorney for Equal Employment by Arnold J. Lizana III, filed; c/s. (sat) (Entered: 07/18/2001)
29 Judge Reginald C. Lindsay. Order entered returning Plaintiff-Intervenor's certificate of service re: supplemental answers to production of documents. to Jeffrey K. Martin, Esq. Discovery documents are not to be filed with the Court pursuant to Local Rule 26.6(A). Copy sent to counsel on 8/29/01. (sat) (Entered: 08/29/2001)
30 Motion by Equal Employment, Keane, Inc., Michael Randolph for settlement conference , and to extend time to June 1, 2002 to complete discovery , filed; c/s. (sat) (Entered: 01/17/2002)
Judge Reginald C. Lindsay. Endorsed Order entered granting [30-1] motion for settlement conference, granting [30-2] motion to extend time to June 1, 2002 to complete discovery, RESET discovery due for 6/1/02 ....Motion allowed. Discovery deadline extended to June 1, 2002. [EOD Date 1/30/02]. Copy sent to counsel on 1/30/02. (sat) (Entered: 01/30/2002)
31 Judge Reginald C. Lindsay. Order of reference entered for Alternative Dispute Resolution. Referred to: ADR Program for: Mediation. Copy sent to counsel on 1/30/02. (sat) (Entered: 01/30/2002)
32 Notice of assignment of ADR Provider issued. Assigned to: Honorable Walter J. Skinner for: Mediation. Notice sent to counsel on 2/27/02. (sat) (Entered: 02/27/2002)
33 Report by Walter J Skinner of Alternative Dispute Resolution proceedings. The case was: settled. Clerk should enter a thirty day order of dismissal. (sat) (Entered: 04/30/2002)
34 Judge Reginald C. Lindsay. Settlement Order of Dismissal entered.....IT IS HEREBY ORDERED that this action is hereby dismissed without costs and without prejudice to the right, upon good cause shown within thirty (30) days, to reopen the action if settlement is not consummated. [EOD Date 4/30/02]. Copy sent to counsel on 4/30/02. (sat) (Entered: 04/30/2002)
Case closed. (sat) (Entered: 04/30/2002)
Case no longer referred to ADR. (sat) (Entered: 04/30/2002)
35 Stipulation of dismissal by Michael Randolph, Keane, Inc. with prejudice, each party bearing its own costs and attorneys' fees and plaintiff-intervenor hereby waives all rights of appeal, filed; c/s. (sat) (Entered: 05/09/2002)
36 Letter by Robert L. Kilroy dated: May 9, 2002 to: Mr. Anthony Anastas re: enclosing a consent decree, filed. (sat) (Entered: 05/09/2002)
37 Judge Reginald C. Lindsay. Consent judgment/decree entered for Michael Randolph against Keane, Inc.. [EOD Date 5/17/02. Copy sent to counsel on 5/17/02. (see consent decree #37 for further details). (sat) (Entered: 05/17/2002)
Mail sent to Martha Zackin returned by Post Office because: attempted not known. (kf) (Entered: 05/23/2002)

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 FY 2002 Office of General Counsel Annual Report

http://www.eeoc.gov/litigation/02annrpt.html

In EEOC v. Keane, Inc., the Commission alleged that the company, a national information technology firm, treated black employees unequally in bonuses, project assignments and client development, and subjected them to a racially hostile environment. Seven African American current and former employees received $350,000 in monetary relief.

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