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Case 3:04-cv-06218-GEB-JJH Document 1 Filed 12/15/2004 Page 1 of 7

lJ.s. Equal Employment Opportunity Cmnrrussion
2 1 South 5'h Street Suite 400 Philadelphia, PA 19106 Judith A. O'Boyle Supervisory Trial Attorney
(215) 440-2669 JOB10l6

RECEIVED 'CLEFi~\ U.S. DISTRICT COURT lUO~ DEC I 5 P 3: 41

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW JERSEY

EQUAl, EMPLOYMENT OPPORTUNITY )

COMMISSION,

)

)

Plaintiff,

)

)

v.

)

)

IMCLONE SYSTEMS, INCORPORATED, ) )

Defendaut.

)

~-Co) (g(~ 0 Civil Action No.
COMPLAINT JURY TRIAL DEMANDED

NATURE OF THE ACTION

The United States Equal Employment Opportunity Commission (the "Commission"), brings

this action under Title Vll oflhc Civil Rights Act of1964 and TitlcI ofthe Civil Rights Act of199l

to correct unlawful employment practices on the bases of race and retaliation and to provide

appropriate relief to Ulysses Hayes, who was adversely affected by such practices while employed

by Defendant, Imclonc Systems, hlcorporated ("lmclonc"). As alleged with greaterpartic.ularity in

paragraphs 7 and 8 below, the Conllnission alleges that Defendant Employer Imc10ne discrhninated

against Mr. Hayes with regard to his Tace (black), when he was subjected to derogatory racial

comments, and when he was subjected to disparate treatment with regard to the temlS and conditions

of his employment. The Commission further alleges that following Mr. Hayes' complaint of race discrimination,

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Case 3:04-cv-06218-GEB-JJH Document 1 Filed 12/15/2004 Page 2 of 7
Defendant Employer Imc10ne retaliated against him when it failed to hire him lor an available fulltinH;J position, and instead, transferred him to another building, depriving him of promised training opportunities. The Commission alleges that because Mr. Hayes complained of race discrimination and differential treatment, Defendant removed Mr. Hayes from the eight-week training program for the pcmlanent position, and offered the job to an individual who had not complained of
discrimination. As a result of Imclone's discriminatory conduct, Mr. Hayes suffered damages,
including emotional distress, JURISDICTION AND VENUE
1. Jurisdiction of this Court is invoked pursuuntto 28 U.S.C. ~§ 451, 1331, 1337, 1343
and 1345. This action is authorized and instituted pursuant to § 706(£)(1) and (3) of Title VII ofthe
Civil Rights Act of 1964, as amended, 42 U,S.C. § 2000e-5(1)(1) and (3) ("Title VI!,,), and ~ 102 or the Civil Rights Act of 1991,42 U.S.C. § 1981 a,
2. The employment practices alleged (0 be unlawful were committed within the jurisdiction of the United States District Court for the District of New Jersey.
PARTIRS 3. Plaintiff, the Equal EmploymentOpportunity Commission (the "Commission"), is the
agency of the United States or America: charged with the administration, interpretation and enforcement of Ti(!e Vll, and is expressly authorized to bring this action by § 706(£)(1) and (3) of
Title VlT, 42 U.S.c. § 2000c-5(f)(I) and (3).
4. At all relevant times mentioned herein, Defendant, [mc!one Systems, Incorporated, ("Delcmdant Employer") ha~ continuously been d(ling business in the Slate of New Jersey and the City or Branchburg, and has continuously had at least 15 employees.
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Case 3:04-cv-06218-GEB-JJH Document 1 Filed 12/15/2004 Page 3 of 7
5. At all relevant times, Defendant Employer has continuously been an employer engaged
* in an industry atfecting commerce within the meaning of 70 l(b), (g) and (h) ofTitle VIT, 42 U.S.c.
§§ 2000e(b), (g) and (h). STATEMENT OF CLAIMS
6. More than thirty days prior to the institution of tbis lawsuit, Ulysses Hayes filed a charge of discrimination with the Commission alleging violations of Title VlI by Defendant Employer. All conditions precedent to the institution oft11i5 lawsuit have been fulfilled.
7. Since at least February 2004, Defendant Employer has engaged in unlawful employment practices at its Branchburg, New Jersey location in violation of § 703 (a) of Title VII, 42 U.S.C. § 2000e-2(a)(l) by subjecting Ulysses Hayes to race discrimination as follows:
(a) 1n October 2003, Ulysses Hayes was referred by a temporary agency to begin working for Defendant Employer in tbe position of temporary Facility Technician. On or about October 20, 2()03, Mr. Hayes began working at Defendant's facility in Building No. B822 and was responsible for perionning operations duties, inc1l~ding monitoring the facility's mechanical and security systems, and perComling general maintenance.
(b) Ulysses Hayes possessed a "Black Seal" boiler's license issued by the State of New Jersey Oftlce of Boilers and Pressure Vessel Compliance, which allowed him to operate the boiler in Building No. BB22.
(c) In November 2003, Defendant Employer's Human Resources Generalist, Naney Prada, advised Mr. Hayes that he would be hired into a pemlanent positiol1 in the Facilities Department ~l11d that he was to begin an 8-wcck training program. Ms. Prada advised Mr. Hayes that he wOldd be placed in the position ofSenior Facilities Tecllllician begilllling on March 8,2004. Accordingly, Mr.
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Case 3:04-cv-06218-GEB-JJH Document 1 Filed 12/15/2004 Page 4 of 7

Hayes accepted a transfer to a position as a Utilities Operator, and was then assigned primarily to

work in Building No. BB36 lor an eight-week training program.

(d) During his training program, Mr. Hayes was trained by Antonio Soares-DeAlmedia,

Scnior Facilities Operator, who subjected Mr. Hayes (0 derogatory racial comments, including calling

him "the blaek boy", and yelled frequently at him in a hoslile fashion, stating "the reason I am harder

on you than the other operators is because you are a minority." Mr. DcAlmedia did not treat

similarly-situated white trainees in the same maImer. In addition, Mr. Hayes was subjected to

disparate treatmenl when he was forced to shovel snow and perfonll menial duties, while similarly·

situated white employees were not treated in this manner.

8. Since at least January 2004, Defendant Employer has el1gagcd in unlawful

employment practices at its BraI1ChbuTg, New Jersey location in violation of§ 704 (a)(l) ofTitie VII,

42 U.S.C. § 2000e-3(a) by subjecting Ulysses Hayes to retaliation. The unlawful employment

practices incl~lded the following:

(a) On or about February 2,2004, Mr. Hayes complained to Defendant Employer about

the racially offensive comments and differential discrimination that he was subjected to by

DeAlmcdia. (b) Following DcfendaIlt Employer's investigation into these allegations, Mr. Hayes was

transferred back to Building No. BB22, to which he objected. Defendant Employer's decision to

transfer Mr. Hayes hack to Building No. BB22 deprived Mr. Hayes of training on the large boiler in

BB36 so that he could obtain his "Blue Seal" license, and to fltrthcr learn the position duties ofUlility

Technician. (d)

On or about April 5, 2004, Defendant selected two individuals who had not

Case 3:04-cv-06218-GEB-JJH Document 1 Filed 12/15/2004 Page 5 of 7

complajn~d about discrim.ination lor permanent Senior Facilities Technician positions.

(e)

On April 5, 2004, Defendant Employer terminated Ulysses Hayes's temporary

employment.

(f)

Another employee who, like Mr. Hayes, had expressed an interest in (he full-time

Facility Technician position, b,lt had also complained of discrimination, was not hired in favor of a

non-complaining employee.

9. The effect of the practices complained orin paragraphs 7 and 8 above has been (0

deprive Ulysses Hayes of equal employment opportunities and otherwise adversely affect his status

as an employee because of his race (black).

10. Thc effect of the practices complained of in paragraphs 7 ami 8 above has been to

deprive Ulysses Hayes of equal employment opportunities and otherwise adversely affect his status

as an employee in retaliati011 {'Or engaging in protected activity under Title VII.

11. The unlawful employment practices complained ofin paragraphs 7 and 8 above, were

intentional.

12, The unlawful employment practices complained Min paragraphs 7 and 8, above,

were done with malice or with reckless indi fferenee to the federally protected rights ofUlysses Hayes.

PRAYER l<'OR RELIEF

Wherefore, the EEOC respectfully requests that this Court:

A. Grant a penn anent inj unction el1joining Defendant Employer, its officers, successors,

assigns, and all persons in active concert or participation with it, from engaging in any employment

practice that discriminates on the basis M race and retaliation.

B. Order Defendant Employer to institute and carry out policies, practices, and programs

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Case 3:04-cv-06218-GEB-JJH Document 1 Filed 12/15/2004 Page 6 of 7

which provide equal employment opportunities, prohibit retaliation, and which eradicate the effects of its past and present unlawful employment practices.
C. Order Delcndal1t Employer to make whole Ulysses Hayes, by providing appropriate back pay with prejudgment interest, in aJllount5 to be detemlined at trial, Iront pay if appropriate, reinstatement and the afflrmali vo relief necessary to eradicate the effects 0 f its unlawful employment practices.
F. Order De fcndal1t Employer to make whole lJ lysscs Hayes by providing compensation tor past and future pecuniary losses resulting from the unlawful employment practices described in paragraphs 7 and 8 above.
G. Order Defendant Employer to make whole Ulysses Hayes by providing compensation for past, present, and future nonpecuniary losses resulting from the unlawful practices complained ofin paJ-agraph~ 7 aJld 8 above, including humiliation, emotional pain, suffering, anxiety, stress, loss o I'cnjoyment of/i [c, depression, and exacerbation ofphysical problems, in amollnts to be determined at trial.
H. Order Defendant Employer to pay Ulysses Hayes pllnitive damages for its maliciolls and reckless conduct, as described in paragraphs 7 and 8 above, in an101l11ts to be dctemlined at trial.
1. Grant slich further rcliefas the Court deems necessary and proper in the public interest. .1. Award the Commission its costs of this action.

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Case 3:04-cv-06218-GEB-JJH Document 1 Filed 12/15/2004 Page 7 of 7
JURY TRIAl" DEMAND The Commission requests ajury trial on all questions of fact raised by its complain!.
Respectfully submitted, ERIC S. DREIBAND Gencral Counsel
JAMES L. LEE Deputy General Counsel
GWENDOLYN YOUNG REAMS Associatc General Counsel

a, (),/vJ~
ifr5fiifA. O'BOYLE

i2)a,,). ~

Supervisory Trial Attomey

EQUAL EMPLOYMENT OPPORTUNITY COMMISSTON Philadelphia District Office 21 South 5th Street, Suite 400 Philadelphia, PA 19 J06 (215) 440-2669; (215) 440-2874 (FAX)

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 Case 3:04-cv-06218-GEB-JJH Document 9 Filed 05/25/2005 Page 1 of 6

RECEIVED

NAY! 5 !IllS

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF NEW JERSEY

P.T8W:3,OlUM.~ T. WALSH ).1

EQUAL EMPLOYMENT OPPORTUNITY )

CLERK

COMMISSION,

)

)

Plaintiff,

) CIVIL ACTION NO. 04-06218 (OBB)

v.

)

)

IMCLONE SYSTEMS, INC.,

)

)

Defendant.

)

CONSENT DECREE

This action was instituted by the United States Equal Employment Opportunity

Commission ("the EEOC" or "the Commission") on December 21,2004, against ImClone Systems

Incorporated ("lmClollc") to enforce provisions of Title VII of the Civil Rights Act of 1964, as

amcnded, 42 U.S.c. § 2000", et seq. ("Title VII"). The EEOC alleged that hnClOlle discriminated

against Ulysses Hayes, a temporary employee, based on his race (black) when it subjected him to

derogatory r<lcial commcnts and disparate treatment. Thc Commission al so alleged that after

Mr. Hayes complained of race discrimination, he was retaliated against when he was removed

from a training course, and not hired as a regular employee in April 2004. ImClolle denies these

allegations and has agrecd to this Consent Decree solely to fully and finally settle and dispose of

all claims that have been raiscd in this action and (0 avoid thc continuing burden, expense,

inconvenience and distraction of protracted litigation.

This Consent Decree is entered into by the EEOC and ImClone. This Consent Decree

shall be tlnal and binding between the EEOC and ImClone, its directors, otilcers, agents,

employees, successors or assigns and all persons in active concert or participation with it

(hereinafter collectively referred to as "JmC\otlc").

The EEOC and ImClone agree to the entry orthis Consent Decree (the "Decree"), which

Case 3:04-cv-06218-GEB-JJH Document 9 Filed 05/25/2005 Page 2 of 6
shall fully and finally resolve all claims which were raised by the EEOC in its Complaint in Civil Action No. 04-06218 and in the charge filed by Mr. Hayes with the EEOC. This Consent Decree shallno( constitute an adjudication of or finding on the merits of the ease and shall not be constl1lcd as an admission by 1111Clone of any violation of Title VII, which TmClonc denies.
Upon consent of the parties to this action, it is hereby ORDERED, ADJUDGED, and DECREED as follows;
I. This Court has jurisdiction over the parties and the subject matter of this action. 2. ImClone will not discriminate based on race in violation of Title VIT, or engage in any employment practice which denies persons equal employment opportunity based on race.
3. TmClone agrees (ha( it will not retaliate against any person, or engage in any
employment practice which retaliates in any manner against any person, including Mr. Hayes, because oCthat person's opposition to any practice alleged or believed to be unlawful under Tille Vll, or because of the filing ofa charge, the giving oCtcstimony or assistance, or the
participation in any manner in any investigalion, hearillg or proceeding under Title VIr.
4. Nothing in this Decree, either by inclusion or exclusion, shall be construed to limit the obligations of ImClOl1e under Tille VII or the EEOC's authority to process or liligate any charge of discrimination which may be tiled against ImClone in the future.
5. Within ton (10) business days afler the enlry of this Decree, ImClolle agrees (0 pay the amounl of $85,000 to Mr. Hayes, subject to obtaining a fhlly-exceutcd release from him. ImClone will issue WI IRS Fonn 1099 lo Mr. Hayes. The check will be mailed lo Ulysses Hayes, at his residence, 57 Washington Terrace, East Orange, New Jersey 07017, by certified mail, return receipt requested. imClone will mail a photocopy of the eheck to the EEOC's counsel, Judith A. O'\3oylc, Supervisory Trial Attorney, EEOC, The Bourse, 21 South Fifth
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Case 3:04-cv-06218-GEB-JJH Document 9 Filed 05/25/2005 Page 3 of 6
Street, Suite 400, Philadelphia, PA. 19106-2515, within five (5) business days of the date of mailing of the check to Mr. Hayes.
6. Within Mteen (15) business days after entry ofthis Decree, ImClone shall post same-sized copies of the Notice attached as Exhibit 1 10 this Decree on all bulletin boards usually used by ImClone for communicating with employees at its Branchburg, New .Jersey facility. The Notice shaH remain posted for eighteen (18) months from the date of entry of this Decree. Counsel for ImClone shall provide a copy of the Notice, and an indic.ation of the date and location of its posting, to the EEOC's Philadelphia District Office, attention, Judith A. O'Boyle, Supervisory Trial Attorney, witbin t1ttccn (15) business days of the posting. Upon receiving reasonable advance notice, ImClone shall permit a representative oCthe EEOC to enter the Branchburg, New Jersey facility fl)r purposes of verifying compliance with this paragraph at any time during nomlai business hours. imClone shall take all reasonable steps to ensure that the posting is not altered, defaced or covered by any other material. Should the posted copies become defaced, removed, marred, or otherwise illegible, TmClonc agrees to immediately post a readable copy in the same manner as heretoforc specified.
7. ImClone will provide four (4) hours oftraining with an emphasis on what constitutes race discrimination and retaliation in the workplace for its managers in the Facilities Department working unit where Mr. Haycs performed his job duties, and for the individual who is alleged to have engaged in inappropriate conduct towards Mr. Hayes. ImClone will complete this training within on6 hundred eighty (180) days after the entry of this Decree, and will forward to the EEOC's counsel, Judith A. O'Boyle, a copy ofthc attendance sheet(s) within thirty (30) business days after the completion of such training.
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8. In the event that either party to this Decree believes that the other party has failed to comply with any provision(s) orthe Decree, the complaining party shall notify the other party oCthc alleged non-compliance within ten (10) husincss days of the allcgcd non-compliance and shall afford the alleged non-complying party ten (10) business days to remedy the noncompliance or to satisfy the complaining party that thc alleged non-complying party has complied. Iflhe alleged non-complying party has not remedied tbe 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.
<). Ra<:h party to this Decree shall hear its O\m expenses, costs and attorneys' fees. \0. The terms ofthis Decree shall be binding upon the present !Ind future representatives, agents, directors, officers, assigns, and successors ofhnClone in their capacities as representatives, agents, directors and officers ofImClone and not in their individual capacities. This paragraph shall not be construed as placing any limit on remedies available to the Court in the event that any individual is tound to be in contempt tor a violation orthis Decree. 11. This Decree constitutes the complete understanding among the parties. No other promises or agreement shall be binding unless agreed to in writing and signed by the parties. 12. This Decree shall be filed with the Court and shall continue to be in effect for a period of two (2) years. Any application by any party (0 modi fy or vacate this Decree during such period shall be made by motion to the Court on no less than thirty (30) days notice to the other party. 13. The Court retains jurisdiction over this case in order to enforce the hlm1S of the Decree.
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14. The Clerk of the Court is hereby directed to send a file-stamped copy of this

Decree to counsel of record.

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

IMCLONE SYSTEMS INCORPORATED

Eric S. Dreiband General Counsel

James L. Lee Deputy General Counsel
Gwendolyn Young Reams Associate General Counsel
" _o,A~ W, ohington, D.C.. (" 1\
ac ue e . McNair Regional Attorney
~j;>d) t{. {) '1.~3rz {.,
~A. O'Boyle
Supervisory Trial Attorney U.S. EEOC Philadelphia District Office 21 S. 5\h Street, Suite 400 Philadelphia, PA 19106 (215) 4 4 0 . 2 8 2 8 " '

Edward Cerasia II (EC 8297) Proskauer Rose LLP One Newark Center, 18th Floor Newark, New Jersey 07102 (973) 274.3200
Attorneys tor Defendant ImClone Systems incorporated

IT IS SO ORDERED/""

BYTHECOUR

~~~~~~~~~~_
G ''T E. BROWN

UNlTli STATES DlST T JUDGE

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Case 3:04-cv-06218-GEB-JJH Document 9 Filed 05/25/2005 Page 6 of 6
EXHIBIT 1 NOTICE TO ALL 'MCLONE SYSTEMS INCORPORATED EMPLOYEES
This Notice is being posted pursuant to a Consent Decree entered by the federal court in EEOC v. ImClone SyStems Incorporated, Civil Action Number 04·CV·06218 (D.NJ), resolving a lawsuit filed by the Equal Employment Opportunity Commission ("EEOC'') against ImClonc Systems Incorporated ("ImClone").
Title vn of the Civil Rights Act of 1964, 42 U.S.C. § 2000 et seq., as amended ("Title
VII"), prohibits discrimination against employees and applicants for employment based upon
race, color, sex, religion, or national origin. Title vn further prohibits retaliation against
employees or applicants who avail themselves of the rights under Title VII by engaging in protected activities, such as filing a charge of discrimination and/or testifying or participating in a EEOC investigation. The EEOC is the federal agency which investigates charges of unlawful employment discrimination. The EEOC has the authority to bring lawsuits in federal court to enforce Title VII.
In its lawsuit, the EEOC alleged that ImClone discriminated against a temporary employee based on his race and retaliated against him in violation ofTitle VII. TmClone denies these allegations and does not admit any liability.
To resolve the case, ImClone and the EEOC have entered into a Consent Decree which provided, among other things, tllllt: (1) ImClone paid monetary relief; (2) ImClone will not discrlnnnatc on the basis of race; (3) ImClone will not retaliate against any person because she or he 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; and (4) ImClone will continue to train employees regarding race discrimination and retaliation under Title VIT.
If you believe you have been discriminated against, you may contact the EEOC at (973) 6456383. The EEOC charges no fees and has employees who speak languages other than English.
TillS IS AN OFFICIAL NOTICE AND MUST NOT BE DEFACED BY ANYONE
This Notice must remain posted for eighteen months from the date below and must not be altered, defaced or covered by any other material. Any questions about this Notice or compliance with its terms may be directed to the Regional Attorney. EEOC Philadelphia District Office, 21 South 5th Street, Philadelphia, PA 19106.

/0 r u; ~ al Employment Opportunity
DATED: fir",
J I

ImCione Systems Incorporated DATED:,_ _ _ _ __

 
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12BH, CLOSED, RULE16
U.S. District Court District of New Jersey [LIVE] (Trenton) CIVIL DOCKET FOR CASE #: 3:04-cv-06218-GEB-JJH

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION v. IMCLONE SYSTEMS, INCORPORATED Assigned to: Chief Judge Garrett E. Brown, Jr. Referred to: Magistrate Judge John J. Hughes Cause: 42:2000 Job Discrimination (Race)

Date Filed: 12/15/2004 Date Terminated: 04/11/2005 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

Plaintiff
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

represented by JUDITH A. O'BOYLE EQUAL EMPLOYMENT OPPORTUNITY COMMISSION PHILADELPHIA DISTRICT OFFICE THE BOURSE BUILDING 21 SOUTH FIFTH STREET SUITE 400 PHILADELPHIA, PA 19106-2515 (215) 440-2685 Email: judith.oboyle@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

V.
Defendant IMCLONE SYSTEMS, INCORPORATED

represented by EDWARD CERASIA, II PROSKAUER ROSE, LLP ONE NEWARK CENTER 18TH FLOOR NEWARK, NJ 07102-5211 (973) 274-3200 Fax: (973) 274-3299 Email: ecerasia@proskauer.com ATTORNEY TO BE NOTICED
YVETTE M. GORDON PROSKAUER ROSE LLP ONE NEWARK CENTER NEWARK, NJ 07102 (973) 274-3200 Email: ygordon@proskauer.com ATTORNEY TO BE NOTICED

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Date Filed 12/15/2004 12/21/2004 01/31/2005 02/01/2005 02/01/2005 02/07/2005 02/10/2005 03/10/2005 03/11/2005
03/18/2005 03/23/2005
04/11/2005 05/25/2005

#

Docket Text

1 COMPLAINT w/JURY DEMAND against IMCLONE SYSTEMS, INCORPORATED , filed by EQUAL EMPLOYMENT OPPORTUNITY COMMISSION.(ck) (Entered: 12/21/2004)
Summons Issued as to IMCLONE SYSTEMS, INCORPORATED. Days Due 20. (MAILED TO COUNSEL) (ck) (Entered: 12/21/2004)
4 SUMMONS Returned Executed by EQUAL EMPLOYMENT OPPORTUNITY COMMISSION. IMCLONE SYSTEMS, INCORPORATED served on 1/12/2005, answer due 2/1/2005. (nr, ) (Entered: 02/03/2005)
2 DEFENDANT'S ANSWER AND AFFIRMATIVE DEFENSES ANSWER to Complaint by IMCLONE SYSTEMS, INCORPORATED.(JENNINGS, YVETTE) (Entered: 02/01/2005)
3 STATEMENT by IMCLONE SYSTEMS, INCORPORATED. (JENNINGS, YVETTE) (Entered: 02/01/2005)
5 NOTICE of Appearance by EDWARD CERASIA, II on behalf of IMCLONE SYSTEMS, INCORPORATED (CERASIA, EDWARD) (Entered: 02/07/2005)
6 NOTICE of Hearing: Initial Conference set for 3/10/2005 10:00 AM in Trenton Courtroom 6W before Magistrate Judge John J. Hughes. (dg, ) (Entered: 02/10/2005)
Minute Entry for proceedings held before Judge John J. Hughes : Scheduling Conference held on 3/10/2005. (dg, ) (Entered: 03/22/2005)
NOTICE of Hearing: The Settlement Conference of 4/13/05 has been adjourned (due to the demands of the Court's calendar) to 4/14/2005 @11:00 AM in Trenton - Courtroom 6W before Magistrate Judge John J. Hughes. (dg, ) (Entered: 03/11/2005)
7 Proposed Pretrial Order for Settlement Conference by EQUAL EMPLOYMENT OPPORTUNITY COMMISSION. (O'BOYLE, JUDITH) (Entered: 03/18/2005)
CLERK'S OFFICE QUALITY CONTROL MESSAGE - Document 7 Proposed Pretrial Order submitted by JUDITH O'BOYLE, ESQ. on behalf of Equal Employment Opportunity Commission on 3/18/05 must be executed by a Judicial Officer before filing. Please forward to the appropriate Judicial Officer in accordance with his/her preferred practice. NOTE: Attorneys are not allowed to do an electronic signature of any Judge in this District. This submission will remain on the docket unless otherwise ordered by the court. This message is for informational purposes only. (ck ) (Entered: 03/23/2005)
8 ORDER DISMISSING CASE as settled Signed by Judge Garrett E. Brown, Jr. on 4/11/2005. (ss, ) (Entered: 04/14/2005)
9 CONSENT DECREE Signed by Judge Garrett E. Brown, Jr. on 5/25/2005. (ss, ) (Entered: 05/26/2005)

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 EEOC LITIGATION SETTLEMENT REPORT - May 2005

http://www.eeoc.gov/litigation/settlements/settlement05-05.html

EEOC v. Imclone Systems, Inc. No. 04-06218 (GEB) (D.N.J. May 25, 2005)
The Philadelphia District Office filed a Title VII suit alleging that Imclone Systems, a bio-pharmaceutical company, subjected charging party, a black man, to harsher terms and conditions of employment than whites, and retaliated against him for complaining. Charging party worked for defendant for a month as a temporary facility technician before accepting a transfer into a permanent utilities operator position in another building. The permanent position required 8 weeks of training, which would qualify him for a higher level license. The white senior utilities operator responsible for training charging party referred to him as "the black man," spoke to him in a demeaning manner, yelled at him, and told him he was treating him more harshly than nonminorities because he was a minority. Charging party complained to one of respondent's vice presidents. Defendant investigated, found that the above conduct violated its policies, and took disciplinary action against the trainer. However, defendant then transferred charging party back into his original temporary position and a few months later terminated him when a full-time facility technician returned from medical leave. On the same day charging party was terminated, respondent hired a nonblack temporary employee with less experience than charging party into a full-time permanent facility technician position, and a month later hired a nonblack employee into the position for which charging party had been training before he complained.
The parties entered into a 2-year consent decree resolving this case under which charging party will receive $85,000 in monetary relief. The decree provides that defendant will not engage in practices that discriminate based on race under Title VII or that are retaliatory under Title VII.

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