Case 6:06-cv-02033-LRR Document 2 Filed 05/12/2006 Page 1 of 4

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF IOWA EASTERN DIVISION

EQUAL EMPLOYMENT OPPORTUNITY

)

COMMISSION,

)

Plaintiff,

)

)

v.

)

)

GOODWILL INDUSTRIES OF

)

NORTHEAST IOWA, INC.

)

)

Defendant.

)

__________________________________________)

Civil Action No. ________________
COMPLAINT (Jury Trial Demand)

NATURE OF THE ACTION

This is an action under Title VII of the Civil Rights Act of 1964, as amended, (“Title VII”),

and Title I of the Civil Rights Act of 1991 to correct unlawful employment practices on the basis of

sex, and to provide appropriate relief for Lauren A. Steffen, who was adversely affected by such

practices. As stated with greater particularity in paragraph seven (7) below, Plaintiff, United States

Equal Employment Opportunity Commission (“EEOC”) alleges that Defendant, Goodwill Industries

of Northeast Iowa, Inc. (“Goodwill”), discriminated against Lauren A. Steffen because of her sex.

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(f)(1) and (3) of Title VII

of the Civil Rights Act of 1964, as amended, 42 U.S.C. §§ 2000e-5(f)(1) and (3) and 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

jurisdiction of the United States District Court for the Northern District of Iowa, Eastern Division.

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PARTIES 3. EEOC is the agencyof the United States of America charged with 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 Goodwill has continuously been a company doing business in the State of Iowa, and has continuously had at least 15 employees. 5. At all relevant times Goodwill 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 30 days prior to the commencement of this lawsuit, Lauren A. Steffen filed a charge with EEOC alleging violations of Title VII by Defendant. All conditions precedent to the institution of this lawsuit have been fulfilled. 7. Since at least April of 2005, Goodwill has engaged in unlawful employment practices in violation of Section 703(a) of Title VII, 42 U.S.C. §2000e-2(a), by engaging in discriminatory hiring practices when it refused to hire Lauren A. Steffen by creating and maintaining discriminatory hiring criteria based on sex which prevented the referral by an employment agency of Steffen to the position of Production Worker. 8. The effect of the practice(s) complained of in Paragraph 7 above has been to deprive Lauren A. Steffen of equal employment opportunities and otherwise adversely affect her status as an applicant for employment because of her sex.
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9. The unlawful employment practices complained of in Paragraph 7 above were intentional.
PRAYER FOR RELIEF Wherefore, EEOC respectfully requests that this Court: A. Grant a permanent injunction enjoining Goodwill, and its officers, agents, successors, assigns, and all persons in active concert or participation with it, from engaging in any employment practices which discriminate on the basis of sex; B. Order Goodwill to institute and carry out policies, practices, and programs which provide equal employment opportunities for Lauren A. Steffen, and which eradicate the effects of its past and present unlawful employment practices; C. Order Goodwill to make Lauren A. Steffen whole by providing appropriate back-pay, with prejudgment interest, job search expenses and relocation expenses, if applicable, in an amount to be proven at trial, and other affirmative relief necessary to eradicate the effects of its unlawful employment practices, including, but not limited to, reinstatement; D. Order Goodwill to make Lauren A. Steffen whole by compensating her for past and future non-pecuniary losses resulting from the unlawful practices complained of in Paragraph 7 above, including injury to professional reputation, emotional pain, suffering, loss of enjoyment of life, and humiliation, in amounts to be determined at trial; E. Grant such further relief as the Court deems necessary and proper in the public interest; and F. Award EEOC its costs in this action.
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JURY TRIAL DEMAND EEOC requests a jury trial on all issues of fact raised by its Complaint.
Respectfully submitted,

Dated: May 12, 2006

James Lee Deputy General Counsel
Gwendolyn Young Reams Associate General Counsel

/s/ John Hendrickson John Hendrickson Regional Attorney

/s/ Rosemary J. Fox Rosemary J. Fox Supervisory Trial Attorney

/s/ Deborah J. Powers Deborah J. Powers Senior Trial Attorney
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Milwaukee Area Office 310 West Wisconsin Avenue - Suite 800 Milwaukee, WI 53203-2992 Phone: (414) 297-3983 Fax: (414) 297-3146 E-mail: deborah.powers@eeoc.gov

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 Case 6:06-cv-02033-LRR Document 6 Filed 05/15/2006 Page 1 of 8

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF IOWA EASTERN DIVISION

EQUAL EMPLOYMENT OPPORTUNITY

)

COMMISSION,

)

Plaintiff,

)

)

v.

)

)

GOODWILL INDUSTRIES OF

)

NORTHEAST IOWA, INC.

)

Defendant.

)

)

__________________________________________)

Civil Action No. 06-CV-2033-LRR

CONSENT DECREE AND ORDER 1. This Consent Decree (the "Decree") is made and entered into by and between Plaintiff, United States Equal Employment Opportunity Commission (hereinafter "EEOC") and Defendant, Goodwill Industries of Northeast Iowa, Inc. (“Goodwill”)(EEOC and Goodwill are collectively referred to herein as "the Parties"). 2. In April, 2006, EEOC initiated this action by filing its Complaint against Goodwill alleging Goodwill violated Title VII of the Civil Rights Act of 1964, as amended, (“Title VII”), when it discriminated against Lauren Steffen because of her sex. 3. Goodwill denies the allegations of the Complaint, and waives filing an Answer. 4. 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 Decree. This Decree shall not constitute an adjudication and/or finding on the merits of the case. 5. This Decree constitutes the complete agreement between EEOC and Goodwill

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with respect to the matters referred to herein. No waiver, modification or amendment of any provision of this Decree shall be effective unless made in writing, approved by all parties to this Decree and approved by the Court or ordered by the Court.
NOW, THEREFORE, the Court having carefully examined the terms and provisions of this Consent Decree, and based on the pleadings, record and stipulations of the Parties, it is ORDERED, ADJUDGED, AND DECREED THAT:
6. This Court has jurisdiction over the subject matter of this action and over the Parties for purposes of entering and enforcing this Decree.
7. The terms of this Decree are adequate, fair, reasonable, equitable and just. 8. This Decree conforms with the Federal Rules of Civil Procedure 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, those for whom EEOC seeks relief, and the public. 9. This Decree resolves all claims arising out of the Charge of Discrimination filed by Lauren Steffen against Goodwill, Charge No. 260-2005-06505, and constitutes a complete resolution of all claims under Title VII that EEOC made or could have made in this action. SCOPE OF CONSENT DECREE 10. The duration of this Decree shall be one and a half (1.5) years from the date of entry of the Decree. During that time, this Court shall retain jurisdiction over this matter and the Parties for purposes of enforcing compliance with the Decree, including issuing such orders as may be required to effectuate its purposes.
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GENERAL INJUNCTIVE PROVISION 11. Sex discrimination: Goodwill and its officers, agents, management (including
supervisory employees), successors and assigns are hereby enjoined from: (i) discriminating against employees or applicants, whether working in or applying for any temporary or permanent position, on the basis of their sex; and/or (ii) engaging in or being a party to any action, policy or practice that is intended to or is known to them to have the effect of discriminating against an employee or applicant, whether working in or applying for any temporary or permanent position, based on sex. TRAINING
12. Goodwill agrees that it shall provide mandatory training regarding sex discrimination to all employees who are working at the Goodwill locations in Northeast Iowa and those who have supervisory responsibilities over such locations. The training shall be completed within 90 days of entry of this Decree, and shall be repeated at least one additional time before the expiration of this Decree. Goodwill must, within 60 days of completion of the annual training, provide EEOC’s Milwaukee Area Office with a list of those trained and the date and description of the training provided. Goodwill, with the approval of EEOC’s Milwaukee Area Office, will choose one or more outside trainers to complete the training. It shall include training in regard to: Title VII, including, but not limited to, sex discrimination; complaint procedures for reporting sex discrimination; techniques for investigating and stopping sex discrimination; Goodwill’s duty not to discriminate based on sex, including the duty not to set discriminatory hiring criteria when hiring temporary employees through employment agencies; and Goodwill’s sex discrimination policy.
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POSTING. 13. Goodwill shall place a public notice, in a conspicuous place, at its locations in
Northeast Iowa, for a period of one and a half (1.5) years from the date of entry of this Consent Decree and Order. The notice shall be in the form attached hereto as Exhibit A and captioned “Official Notice To All Employees of Goodwill Industries of Northeast Iowa, Inc.” DISSEMINATION OF POLICY STATEMENT
14. Within 30 days of execution of this Consent Decree, Goodwill agrees to adopt and disseminate a Policy to all its employees who are working at the Goodwill locations in Northeast Iowa and employees who have supervisory responsibilities over such locations affirming its obligation to comply with Title VII, and affirming that it is the responsibility of all Goodwill employees to comply with Title VII. The Policy shall specifically include information concerning the duty of Goodwill not to discriminate based on sex in the hiring process, and the complaint procedure an employee may follow if he or she has a complaint about sex discrimination, including the names, work locations and telephone phone numbers of at least two employees charged with investigating such issues. Attached to the Policy should be a copy of Goodwill’s internal policies and procedures regarding sex discrimination. In addition to the policy dissemination required within 30 days of execution of this Decree, Goodwill shall re-issue the Policy to all of its existing employees at least one additional time before the expiration of this Decree. All new employees, including temporary employees, shall receive a copy of the Policy and Goodwill’s internal policies and procedures regarding sex discrimination during employee orientation.
Furthermore, within ten (10) business days of distributing the Policy, Goodwill shall
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forward a copy of the Policy to EEOC and shall certify in writing that they distributed the Policy to all of its employees. The inclusion of Paragraph 14 in the Decree does not mean that EEOC or the Court approved of Defendant’s policy against sex discrimination. REPORTING
15. For the duration of this Consent Decree and Order, Goodwill shall provide the following information for each applicant that applies for a Production Worker Position (on a semiannual basis every June 30 and December 31 starting with June 30, 2006): name, address, gender, telephone number and position for which the applicant applied. In addition, the report must include whether the applicant was a temporary agency referral; the identity of the temporary agency, if applicable; the applicant’s date of hire, if applicable; and the reason the applicant was not hired, if applicable. RIGHT OF ENTRY FOR INSPECTION
16. EEOC shall have the right to enter upon Goodwill’s offices in Northeast Iowa and inspect any relevant documents or records for the purpose of determining Goodwill’s compliance with this Consent Decree and Order. MONETARY RELIEF
17. Goodwill agrees, within fifteen (15) days of signature of this Consent Decree and Order by the Court, to pay Lauren A. Steffen seven thousand five hundred dollars ($7,500.00), in compensatory damages under the Civil Rights Act of 1991, 42 U.S.C. § 1981a. Goodwill shall mail Ms. Steffen’s payment to the address provided to Goodwill by EEOC, simultaneously mailing a copy of the check to counsel for EEOC. COSTS AND NOTICES
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18. Goodwill agrees to pay all costs associated with the training and administrative

compliance with this Decree, except as is specifically provided otherwise in this Decree.

19. Each Party shall bear its own litigation costs and attorneys' fees associated with

this litigation, except as otherwise provided for in this Decree, and neither Party shall seek

reimbursement for any outstanding litigation costs.

20. Except as is otherwise provided for in this Decree, all notifications, reports

and communications to the Parties required under this Decree shall be made in writing and

shall be sufficient as hand-delivered or sent by first class mail to the following persons:

For EEOC:

For Goodwill:

Deborah J. Powers, Esq. EEOC 310 West Wisconsin Avenue, Suite 800 Milwaukee, Wisconsin 53203 Facsimile: (414) 297-3146 E-mail: deborah.powers@eeoc.gov

Mark S. Rolinger Redfern, Mason, Dieter Larsen & Moore, PLC 415 Clay Street P.O. Box 627 Cedar Falls, IA 50613 Facsimile: (319) 277-3531 E-mail: mrolinger@cflaw.com

Any party may change such addresses by written notice to the other parties, setting forth a

new address for this purpose. Notwithstanding the provisions for notification contained in

this paragraph, the Parties may send each other such notifications, reports and communications

by facsimile transmission or e-mail.

SO ORDERED, ADJUDGED AND DECREED this 15th day of May, 2006.

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Agreed to in form and content:
FOR THE PLAINTIFF, EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Milwaukee Area Office 310 W. Wisconsin Ave., Suite 800 Milwaukee, WI 53203-2292 Phone: (414) 297-3983

/s/ John Hendrickson John Hendrickson Regional Attorney
/s/ Rosemary J. Fox Rosemary J. Fox Supervisory Trial Attorney
/s/ Deborah J. Powers Deborah J. Powers Senior Trial Attorney
Agreed to in form and content:
FOR THE DEFENDANT GOODWILL INDUSTRIES OF NORTHEAST IOWA, INC. Mark Rolinger Redfern, Mason, Dieter, Larsen & Moore, P.L.C. 415 Clay Street P.O. Box 627 Cedar Falls, IA 50613 Phone: (319) 277-6830
/s/ Mark S. Rolinger Mark S. Rolinger, Esq.

Date: May 12, 2006 Date: May 12, 2006 Date: May 12, 2006
Date: May 9, 2006 EXHIBIT A
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OFFICIAL NOTICE TO ALL EMPLOYEES OF

GOODWILL INDUSTRIES OF NORTHEAST IOWA, INC.

This Notice is posted pursuant to a Consent Decree entered in a lawsuit brought by the Equal Employment Opportunity Commission (“EEOC”), entitled EEOC v. Goodwill Industries of Northeast Iowa, Inc., Case Number _________, filed in the United States District Court for the Northern District of Iowa, Eastern Division.

A copy of the Consent Decree is available by contacting Goodwill Industries of Northeast Iowa, Inc.’s Human Resources Department at [phone number].

In the lawsuit, EEOC alleges that Goodwill Industries of Northeast Iowa, Inc. (“Goodwill”), violated Title VII when it discriminated against Lauren Steffen because of her sex. Goodwill denies all allegations that it violated Title VII.

By agreement of the parties and without making any determination about the merits of

the case, United States District Judge

has entered a consent decree which grants the

aggrieved individual appropriate relief and, in addition, provides that:

$ Goodwill shall develop and implement policies regarding the prohibition of sex discrimination in the workplace and in the hiring process. This will include the development of a document to be given to all new hires stating their rights to be free from sex discrimination, and will also include a description of the complaint procedure process the employee can follow in the event of a discriminatory act;

$ Goodwill is enjoined from discriminating against any applicant or employee because of their sex; and

$ Goodwill will develop and conduct a training program to train all existing employees regarding its policies against sex discrimination.

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

This Notice must remain posted until (insert date Decree ends), and must not be altered, defaced or covered by any other material. Any questions about this Notice or Consent Decree may be directed to Equal Employment Opportunity Commission, 310 West Wisconsin Avenue Suite 800, Milwaukee, WI 53203, 1-800-669-4000.
Dated: ___________________
Signature of executive represents Goodwill

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U.S. District Court Northern District of Iowa (Eastern Waterloo) CIVIL DOCKET FOR CASE #: 6:06-cv-02033-LRR

CLOSED

United States Equal Employment Opportunity Commission v. Goodwill Industries of Northeast Iowa, Inc. Assigned to: Chief Judge Linda R Reade Referred to: Chief Magistrate John A Jarvey Cause: 42:2000e Job Discrimination (Employment)

Date Filed: 05/12/2006 Jury Demand: None Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

Plaintiff
United States Equal Employment Opportunity Commission

represented by Deborah J Powers EEOC Milwaukee Area Office 310 W Wisconsin Avenue Suite 800 **ECF Milwaukee, WI 53203-2292 414 297 3983 Fax: 414 297 3146 Email: deborah.powers@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

V.
Defendant Goodwill Industries of Northeast Iowa, Inc.

represented by Mark S Rolinger Redfern, Mason, Dieter, Larsen & Moore, PC 415 Clay Street PO Box 627 **ECF Cedar Falls, IA 50613 319 277 6830 Fax: 277 3531 Email: mrolinger@cflaw.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed 05/12/2006

#

Docket Text

1 NOTICE of new case filing. (Attachments: # 1 New Case Packet)(ksy, ) (Entered: 05/12/2006)

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2 COMPLAINT against Goodwill Industries of Northeast Iowa, Inc. , filed by United States Equal Employment Opportunity Commission. Scheduling Report due by 9/22/2006(Powers, Deborah) Modified text on 5/15/2006 (ksy, ). (Entered: 05/12/2006)
3 CERTIFICATE OF SERVICE by United States Equal Employment Opportunity Commission re 2 Complaint (Powers, Deborah) (Entered: 05/12/2006)
4 PROPOSED CONSENT DECREE AND ORDER by United States Equal Employment Opportunity Commission. (Powers, Deborah) Modified text on 5/15/2006 (ksy, ). (Entered: 05/12/2006)
5 Summons Issued as to Goodwill Industries of Northeast Iowa, Inc.. ****PLEASE MAKE COPIES OF SUMMONS FOR EACH DEFENDANT AND FILL IN REMAINING INFORMATION**** (ksy, ) Copy to non-ecf atty. (Entered: 05/15/2006)
6 Consent Decree and Order by Court. Signed by Judge Linda R Reade on 5/15/06. (Copy to non-ecf atty)(mj) (Entered: 05/16/2006)
7 ORDER: Pursuant to Consent Decree filed today, the parties have resolved this case. Accordingly, the Clerk of Court is directed to close this case administratively. Signed by Judge Linda R Reade on 5/15/06. (Copy to non-ecf atty) - CASE CLOSED (mj) (Entered: 05/16/2006)

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