IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,

Plaintiff,

go

CIVIL ACTION NO.

CITIBANK/CITIGROUP GLOBAL MARKETS, INC.

) ) COMPLAINT ) JURY TRIAL DEMAND ) )

Defendants

)

NATURE OFTHE ACTION

This is an action under Title I of the Americans with Disabilities Act of 1990 (ADA) and

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

disability and tO provide appropriate relief to Terry B. Jenkins, who was adversel3~ affected by such

practices. As alleged with greater particularity in Paragraph 8 below, the Commission alleges that

Defendant Citibank/Citigroup Global Markets, Inc. discriminated against Ms. Jenkins, a qualified

.individual with a disability, when it discharged her from her position of Loan Officer while she was

hospitalized for Sickle Cell Anemia and related illnesses. Defendant terminated Ms. Jenkins despite

the fact that it had knowledge of Ms. Jenkins’ disability and her need for additional leave time. As

a result of the discriminatory discharge, Ms. Jenkins suffered wage losses, and severe emotional

distress damages.

JURISDICTION AND VENUE

1. Jurisdiction ofthis Court is invoked pursuant to 28 U.S.C. §§ 451, 1331, 1337, 1343

and 1345. This action is authorized and instituted pursuant to Section 107(a) of the Americans with

with Disabilities Act of 1990 ("ADA"), 42 U.S.C. § 12117(a), which incorporates by reference

Section 706(f)(1) and (3) of Title VII of the Civil Rights Act of 1964 ("Title VII"), 42 U.S.C. 2000 5(f)(1) and (3) and pursuant to Section 102 of the Civil Rights Act of 1991, 42 U.S.C. § 1981a.
2. The employment practices alleged to be unlawful were committed within the jurisdiction of the United States District Court for the District of Delaware.
PARTIES 3. Plaintiff, the Equal Employment Opportunity Commission (the "Commission"), is the agency of the United States of America charged with the administration, interpretation and enforcement of Title t of the ADA and is expressly authorized to bring this action by Section 107(a) of the ADA, 42 U.S.C. § I2117(a), which incorporates by reference Sections 706(0(1) and (3) of Title VII, 42 U.S.C.§ 2000e-5(f)(1). 4. At all relevant times, Defendant, Citibank/Citigroup Global Markets, Inc., has continuously been a Delaware corporation doing business in the State of Delaware and the City of .New Castle, and has had at least 15 employees. 5. At all relevant times, Defendant Employer has continuously been an employer engaged in an industry affecting commerce under Section 101 (5) oft_he ADA, 42 U.S.C. § 1211i (5), and Section 101 (7) of the ADA, 42 U.S.C. § 12111 (7), which incorporates by reference Sections 701 (g) and (h) of Title VII, 42 U.S.C. §§ 2000e(g) and (h). 6. At all relevant times, Defendant Employer has been a covered entity under Section 101(2) of the ADA, 42 U.S.C. § 12111(2).
STATEMENT OF CLAIMS 7. More than thirty days prior to the institution of this lawsuit, Terry B. Jenkins filed a charge of discrimination with the Commission alleging violations of Title I of the ADA by
Page 2

Defendant. All conditions precedent to the institution of this lawsuit have been fulfiIled. 8. Since at least May 2002, Defendant has engaged in unlawful employment practices
at its New Castle, Delaware financial services institution, in violation of Section 102 of Title I of the ADA, 42 U.S.C. §§ 12112(a), (b)(5)(A) and (b)(5)(B), by discriminating against Ms. Jenkins on the basis of her disability, Sickle Cell Anemia. The unlawful employment practices include failing to accommodate the dis ability of Ms. Jenkins by not providing medically necessary leave from work and discharging Ms. Jenkins from her position while she was hospitalized. The following facts support the claim of discriminatory discharge due to failure to accommodate the disability of Ms. Jenkins:
(a) Terry B. Jenkins, who was employed by Defendant as a Loan Officer, requested and obtained leave under the Family Medical Leave Act (FMLA) for her disability, Sickle Cell Anemia, and other related medical conditions. Ms. Jenkins’ FMLA leave ended on April 17, 2002.
(b) Ms. Jenkins provided three leave slips signed by her physician, Dr. Oluseyi Senu-Oke. One medical excuse released Ms. Jenkins from work from January 24 through February 26, 2002, for Sickle Cell Anemia. The second document excused Ms. Jenkins from February 28, 2002 until April 3, 2002, for Sickle Cell crisis. The third document excused her from March 26, 2002 until June 2, 2002, for Sickle Cell Disease and other medical problems.
(c) On March 26, 2006, Defendant’ s insurance carrier MetLife issued a letter, which was sent to Ms. Jenkins, denying her claim for benefit continuation; Met Life then sent another letter on April 15, 2002, allowing Ms. Jenkins to submit additional information as her claim was reviewed on appeal.
(d) Ms. Jenkins asked her physician to provide additional details to the carrier, which he did
Page 3

and provided a return to work date of June 3, 2002. (e) On April 25, 2002, the cartier sent a letter to Ms. Jenkins denying her appeal for continued
benefits and restating the diagnosis and medical information fi-om her doctor’s letter. (f) By mail on or about May 7, 2002, Defendant informed Ms. Jenkins that if she did not
return to work by May 13, 2002, her employment would be terminated. In this letter, Defendant referenced the carrier’s April 25, 2002 letter which stated Ms. Jenkins’ diagnosis and restrictions, demonstrating Defendant’s knowledge of Ms. Jenkins’ medical conditions.
(g) On May 8, 2002, Ms. Jenkins was admitted to the Intensive Care Unit of the Christiana Care HospitaI in Newark, Delaware, and she remained hospitalized until May 31,2002 for Sickle Cell Disease and related medical conditions.
(h) Ms. Jenkins did not learn that her employment was terminated until after she was discharged from the hospital and received a letter from Defendant concerning the termination of her employment.
9. The effect of the practices complained of in paragraph 8 above has been to deprive Ms. Jenkins of equal employment opportunities and otherwise adversely affect her status as an employee, because of her disability.
I0. The unlawful employment practices complained of in paragraph 8, above, were intentional.
i1. The unlawful employment practices complained ofinparagraph 8, above, were done with malice or with reckless indifference to the federally protected rights of Ms. Jenkins.
PRAYER FOR RELIEF Wherefore, the Commission respectfully requests that this Court:
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A. Grant a permanent injunction enjoining Defendant, its officers, successors, assigns, and all persons in active concert or participation with it, from engaging in any employment practice which discriminates on the basis of disability, including but not limited to discharging an employee because his or her insurance carrier discontinued disability benefits.
B. Order Defendant to institute and carry out policies, practices, and programs which provide equal employment opportunities for qualified individuals with disabilities, and which eradicate the effects of its past and present unlawful employment practices.
C. Order Defendant to make whole Ms. Jenkins by providing appropriate backpay with prejudgment interest, in amounts to be determined at trial, and other affirmative relief necessary to eradicate the effects of its unlawful employment practices.
D. Order Defendant to make whole Ms. Je~fldns by providing compensation for past and future pecuniary losses resulting from the unlawful employment practices described in paragraph 8, above, in amounts to be determined at trial.
G. Order Defendant to make whole Ms. Jenkins by providing compensation for past, present, and future nonpecuniary losses resulting from the unlawful practices complained of in paragraph 8 above, including humiliation, emotional pain, suffering, anxiety, stress, loss ofenj oyment of life, depression, and exacerbation of physical problems, in amounts to be determined at trial.
H. Order Defendant to pay Ms. Jenkins punitive damages for its malicious and reckless conduct, as described in paragraph 8, above, in amounts to be determined at trial.
I. Grant such further relief as the Court deems necessary and proper in the public interest. J. Award the Commission its costs of this action. .
Page 5

JURY TRIAL DEMAND The Commission requests a jury trial on all questions of fact raised by its complaint.
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION ERIC S. DREIBAND General Counsel JAMES L. LEE Deputy General Counsel GWENDOLYN YOUNG REAMS Associate General Counsel
Wash~/.x .

’BOYLE Supervisory Trial Attorney

UNITED STATES ATTORNEY DISTRICT OF DELAWARE

COLM CONNOLLY United States Attorney
RUDOLPH L4ONTRERAS Asst. U.S. Attorney, Chief Civil Division, U.S. Dept of Justice 1007 Orange Street, Suite 700 P.O. Box 2046 Wilmington, Delaware 19899-2046 (302) 573-6277

~/~fHLA A. LOCI~E ~’- "~ ~rial Attorney
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 21 S. 5th Street, Suite 400 Philadelphia PA 19106 Telephone: (215) 440-2683 Facsimile: (215) 440-2848

Page 6

 
 IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF DELAWARE

EQUAL EMPLOYMHH OPPORTUNITY )

COMMISSION.

)

)

Plaintiff.

)

)

Y.

) CIVIL ACTION NO. 05-348

) (JJF)

CITIBANK DELAWARE

) AMEl>;1)ED COMPLAINT

) JURY TRIAL DEMANlJ

)

)

Defendant

)

~aTURE OF THE ACTION

ThIs is an action under Title I of the Americans with Disabilities Act of 1990 (ADA) and

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

disability and to provide appropriate relief to Terry B. Jenkins, who was adversely affected by such

practices. As alleged with greater particularity in Paragraph 8 below, the Commission alleges that

Defendant Citibank Delaware discriminated agaiIlst Ms. Jenkins. a quaHfied individual with a

disability, when it discharged her from her position ofLoan Officer while she was hospitalized for

Sickle Cell Anemia and related illnesses. Defendant tenninated Ms, Jenkins despite the fact that it

had knowledge afMs. Jenkins' disability and lier need for addilionalleave time. As a result ofrhe

discriminatol)" discharge, Ms. Jenkins suffered wage losses, and severe emotional distress damages.

JURlSDICTIQN AND VENUE

l. Jurisdiction ofthis Court is invoked pUTsnantto 28 U.S.c, §§ 451, 1331, 1337, 1343

and 1345. This action is authorized and instituted pursuant to Section 107(a) ofU,e Americans with

with Disabilities Act of 1990 ("ADA"), 42 U,S.c, § 12117(a), which incoIporates by reference

Section 706(i)(l) and (3) ofTille VII ofthe Civil Rights Act ofl964 ("Title Vll"), 42 U.S.C. 2000-

5(f)(1) and (3) and pursuant to Section 102 of the Civil Rights Act of 1991, 42 U.S.C. § 1981 •.
2, The employment practices alleged to be unlawful were committed within the jurisdiction ofthe United States District Court for the District ofDelaware,
PARTIES 3. Plaintiff, the Equal Employment Opportunity Commission (the "Commission"), is the agency of the United States of America charged with the administration, interpretation and enforcement ofTitle I ofthe ADA and is expresslyauthorized to briag this action by Section 107(.) oftbe ADA, 42 U.S.c. § 12117(a), which inco!porales by reference Sections 706(f)(1) and (3) of Title Vl!, 42 U.s.C.§ 2000e-5(f){I) .
4, At all relevant times, Defendant Citibank Delaware has continuously been a Delaware corporation doing bus.iness in the State ofDelaware and the City of:r-.;-ew Castle, and has had at leas.t
15 employees. 5, At all relevant times, Defendant Employer has continuously been an employer
engaged in an industryaffecting commerce under Section 101(5) ofthe ADA, 42 US.c. § 12111(5),
and Section 101(7) oflhe ADA, 42 U.S.C. §12111(7), which inco!porates by reference Sections 701 (g) and (h) ofTitle Vl!, 42 U.S.C. §§ 2000e(g) and (h).
6, At all relevant tImes" Defendant Employer has been a covered entity under Section
101(2) of the ADA, 42 U.S.c. § 12111(2).
STATEMENT QFCLAIMS 7. More than thirty days prior to the institution of this lawsuit, Terry B. Jenkins filed a charge of discrimination with the Commission alleging violations of Title I of the ADA by
An Defendant. conditions precedent to the institution of this lawsuit have been fulfiHed.
Page 2

8. Since at least May 2002, Defendant has engaged in unlawful employment practices at its New Castle, DeJaware f'inancia1 services institution, in violation of Section of Title I of the ADA, 42 U.S. C. §§ 12112(a), (b)(5)(A) and (b)(5)(B), by discriminating against Ms. Jenkins on the basis of her disability, Sickle Cell Anemia. The unlawful employment practices include failing to accommodate the disability ofMs. Jenkins by not providing medically necessary leave from work and discharging Ms. Jenkins from her position while she was hospitalized. The following facts support the claim ofdiscriminatory discharge due to failure to accommodate the disability of Ms. Jenkins:
(a) Terry B. Jenkins, who was employed by Defendant as a Loan Officer, requested and obtained leave under the Family Medical Leave Act (FMLA) for her disability, Sickle Cell Anemia, and other related medical oonditioos. Ms. lenkins' FMLA leave ended on April 17, 2002.
(b) Ms. Jenkins provided three leave slips signed byher physician, Dr. Oluse},i Senu-Olre. One medical excuse released Ms. Jenkins from work from January 24 through February 26, 2002, for
Sickle Cell.tillemia. The second document excused Ms. Jenkins from February 28, 2002 until April 3,2002, for Sickle Cell clisis. The third document excused her from March 26, 2002 Wltil June 2, 2002, for Sickle Cell Disease and orher medical problems.
(c) On March 26, 2006, Defendant's insurance carrier MetLife issued a letter, whkh was sent to Ms. Jenkins, denying her claim for benefit continuation: Met Life then sent another letter on April 15,2002, a1lowingMs. Jenkins to submit additional infonnation as her claim was reviewed on appeaL
(d) Ms. Jenkins asked her physician to provide additional details to the carrier, which he did in a letter dated April 15, 2002. This letter informed the carrier that JVIs. Jenkins' medical conditions included Skkle Cell Dise.ase; Intractable Anemia, and bleeding, discussed her restrictions in detail, and provided a return to wOIk date of June 3, 2002.
Page 3

(e) On April 25, 2002, the corriers.,r a letter to Ms, Jenkins denying her appeal for continued benefits and restating the diagnosis and medical infOTInation from her doctor's letter
(f) By mail on or about May 7,2002, Defendant informed Ms, Jenkins that if she did not return to work by May 13, 2002, her employment would be tenninated. In this letter. Defendant referenced the corrier's April 25, 2002 letter which stated Ms, Jenkins' diagnosis and restrictions, demonstrating Defendant's knowledge of :Ms. Jenkins~ medical conditions.
(g) On May 8,2002, Ms, Jenkins was admitted to the Intensive Care Unit of the Christiana Care Hospital in Newark, Delaware, and she remained hospitalized until May 31, 2002 lor Sickle Cell Disease and related medical conditions.
(h) Ms, Jenkins did not learn that her employment was terminated until after she was
discharged from the hospital and received a letter from Defendant concerning the tennination ofher empio;n-nent.
9, The effect ofthe prac.1ices complained of in paragraph 8 above has been to deprive Ms.
Jenkins ofequal employment opportunities and otherwise adversely affect her status as an employee, because of her disability,
10, The unlawful employment practices complained of in paragraph 8, above, were
intentional.
11. The unlawful employment practices complained ofin paragraph 8, above, were done with malice or with reckless indifference to the federally protected rights of Ms. Jenkins.
PRAYERFQR RELIEF \Vherefore, the Commission respectfully requests that this Court: A. Grant a permanent injunction enjoining Defendant, its officers, successors, assigns~
Page 4

and aU persons in active concert or participation with it, from engaging in any employment practice which discriminates on the basis ofdisability, including but not limited to discharging an employee because bis or her insurance carrier discontinued disability benefits.
B. Order Defendant to institute and carry om policies, practices, and programs which provide equal employment opportunities fur qualified individuals with disabilities, and which eradicate the effects of its past and present unlawful employment practices.
C. Order Defendant 10 make whole Ms. Jenkins by providing appropriate backl'ay with prttiudgrnent interest, in amounts to be determined at trial; and other affinnative relief necessary to eradIcate the effects of lts unlawful employment practlyes.
D. Order Defendant to make whole Ms. Jenkins by providing compensation for past and future peCunIary losses resulting from the unlawful employment practices described in paragraph 8, Roove, tn amounts to be detenruned at triaL
G. Order Defendant to make whole Ms. Jenkins by providing compensation for past, present, and future nonpeclUliary losses resulting from the unlawful practices complained of in paragraph 8 above, including humiliation. emotional pain, suffering, anxiety, stress, loss ofenjoyment ofhfe. depression, and exacerbation of physical prohlems, in amounts 10 be determined at trial.
H. Order Defendant to pay Ms. Jenkins punitive damages for its malicious and reckless conduct. as described in paragr-dph 8, above, in amounts to be detennined at triaL
L Grant such further reliefas the Court deems nccessaryand properin the public interest. J. Award the Commission its costs of this action.
Page 5

JURY TRIAL DEMAND The Commission requests ajury trial on all questions of fact raised by its complaint,

U.S. EQUAL E?>!PLOYMENT OPPORTUNITY COMMISSION

J~lI1ES L. LEE Deputy General CotUlsel

GWENDOLYN YOUNG REAMS

i\ssociate General Counsel Washington, D.C.

~ ~i'L" ~

rnvn%e~y~, '.-l/"7i

m'n-
,1'1 1

)

Regional Attorney

.J

!

~~, '~ ~0
UDITH O'BOYU

(j1)

1l,11ri!)

Supervisory Trial Attorne

. I Attorney
U,S, EQUAL EMPLOYMENT OPPORTUNITY COYL\1ISSI0~ 21 S, 5th Street, Suite 400 PhiladelphiaPA 19106 Telephone: (215) 440-2683 Facsimile: (215) 440·2848

Page 6

 
 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE

EQUAL EMPLOYMENT OPPORTUNITY )

COMMISSION,

)

)

Plaintiff,

)

)

)

v.

)

)

CITIBANK DELAWARE

)

)

Defendant.

)

Civil Action No. 05-348 (JJF)

CONSENT DECREE

This Consent Decree is entered into by the Plaintiff, the United States Equal Employment

Opportunity Commission (the "EEOC" or the "Commission") and the Defendant, Citibank

Delaware, its directors, officers, successors and assigns.

The Commission brought this action on May 31, 2005, in the United States District Court

for the District of Delaware to enforce the provisions of Title I of the Americans with Disabilities

Act, 42 U.S.C. §§ 12112 (a) and (b) ("the Americans with Disabilities Act"). The EEOC

alleged that Citibank Delaware discharged a qualified individual with a disability, Terry B.

Jenkins, from her position at its New Castle, Delaware location in violation of the Americans

with Disabilities Act ("ADA"). Citibank Delaware denies any and all liability, and it has

asserted separate defenses.

As a result of settlement discussions, and in an attempt to avoid further litigation costs,

the parties to this action do hereby agree to entry of this Consent Decree (hereinafter referred to

as the "Decree") which shall resolve fully and finally all claims which were raised by the EEOC

in its Complaint filed on behalf of Ms. Jenkins. It is the intent of the parties that this Decree

shall be a final and binding settlement between the parties signatory hereto, their officers,

directors, successors and assigns, in full disposition of all claims alleged in the Commission's Complaint against Citibank Delaware.
The Parties hereby agree that: 1. This Decree is entered into in compromise of the claims asserted in this civil action. Citibank Delaware denies any wrongdoing, and this Decree shall, under no circumstances, be construed or deemed to be evidence of (i) any wrongdoing, fault, or liability; or (ii) any infirmity in the defenses that Citibank Delaware asserted. 2. The EEOC is the agency of the United States government authorized by Congress to investigate allegations of unlawful employment discrimination, to bring civil actions based upon these allegations of unlawful practices, and to seek relief for individuals affected by such practices. 3. The parties stipulate that, pursuant to the Americans with Disabilities Act and 28 USC §§ 451,1331,1337,1343 and 1345, the United States District Court for the District of Delaware has jurisdiction over both the subject matter and the parties in this case. The parties further stipulate that venue is appropriate in the District of Delaware. 4. The rights of Citibank Delaware and those for whom the Commission seeks relief are protected adequately by this Decree. 5. The entry of this Decree will further the objectives of the Americans with Disabilities Act and will be in the best interests of the parties and those for whom the Commission seeks relief.
2

NON-DISCRIMINATION 6. Citibank Delaware agrees to (i) comply fully with all of the provisions of the Americans with Disabilities Act, and (ii) will avoid engaging in any employment practice which operates to discriminate against qualified individuals with disabilities or to deny equal employment opportunities to any employee or applicant for employment based on his or her disability in violation of the Americans with Disabilities Act.
NON-RETALIATION 7. Citibank Delaware agrees that it shall not engage in any employment practices which retaliate in any manner against any person because of that person's cooperation with the EEOC with respect to the Commission's administrative investigation of this civil action. Citibank Delaware agrees to comply with the Americans with Disabilities Act's prohibition of retaliation because of the filing of a charge, the giving of testimony or assistance, or participation in this matter, or in any investigation, hearing or proceeding under the Americans with Disabilities Act. Nothing in this Consent Decree, either by inclusion or exclusion, shall be construed to limit Citibank Delaware's obligations under the Americans with Disabilities Act or the EEOC's authority to process or litigate any charge of discrimination under the Americans with Disabilities Act which may be filed against Citibank Delaware in the future.
NON-ADMISSION 8. This Decree, being entered with the consent of the Commission and Citibank Delaware, shall not constitute an adjudication or finding on the merits of the case and shall not be construed as an admission of liability by Citibank Delaware.
3

DURATION OF THE DECREE 9. The Consent Decree shall be in effect for an initial period of eighteen months (18) months from the date it is entered by the Court.
MONETARY COMPENSATION 10. Citibank Delaware agrees to pay the sum total of Thirty Seven Thousand, Five Hundred Dollars ($37,500.00) in consideration of Ms. Jenkins' claim for damages, to resolve this matter as follows: (A) Citibank Delaware shall issue a check payable to Terry B. Jenkins within fourteen (14) days of receipt of a Release in a form upon which Ms. Jenkins and Defendant mutually agree signed by Ms. Jenkins. This check shall be sent, via United States first class mail return receipt requested, to Ms. Jenkins at the following address: 506 Barrett Street, Wilmington, Delaware 19802. Citibank Delaware shall mail a copy of the check to Cynthia A. Locke, Senior Trial Attorney, EEOC Philadelphia District Office, 21 S. 5th Street, The Bourse, Suite 400, Philadelphia, Pa. 19106, concurrent with the mailing of the check to Ms. Jenkins. Citibank Delaware shall also provide any return receipts returned by the United States Postal Service. (B) In order to receive the monetary relief set forth above, Terry B. Jenkins will be required to execute a Release in a form upon which Ms. Jenkins and Defendant mutually agree. In addition, Defendant will pay up to Two Hundred and Fifty Dollars ($250.00) to Ms. Jenkins for the services of an attorney to advise her regarding the release in this case.
EQUITABLE RELIEF 11. Citibank Delaware agrees to the following injunctive relief:
4

(A) POSTING OF NOTICE Citibank Delaware agrees that it shall post a copy ofthe Notice attached as Exhibit A at its Human Resources office in its New Castle, Delaware facility, where employee notices are regularly posted. The Notice shall be posted for one (1) year from the date this Decree is entered by the Court. Should the posted copy of the Notice become defaced, marred or otherwise made unreadable, Citibank Delaware agrees to immediately post a readable copy of the Notice.
(B) TRAINING Citibank Delaware represents that on June 15,2006 and June 22, 2006, it provided training to members of its Human Resources Department regarding the rights of disabled employees and applicants for employment under the Americans with Disabilities Act, and the obligations of employers toward disabled employees and applicants for employment under the Americans with Disabilities Act.
DISPUTE RESOLUTION AND COMPLIANCE 12. In the event that the EEOC determines that a violation of this Decree has occurred, it will, before exercising any remedy provided by law, provide notice to Citibank Delaware identifying the alleged violations. Citibank Delaware will have thirty (30) days in which to investigate and respond to the allegations, unless the Commission determines there to be exigent circumstances. If these exigent circumstances exist, the Commission may immediately apply to the Court for relief. The parties shall engage in a good faith effort to resolve any dispute as to compliance prior to seeking review by the Court. Upon motion of either party, the Court may schedule a hearing for the purpose of reviewing compliance with this Decree. The party seeking Court intervention shall be required to give notice to the opposing
5

party ten (l0) days before moving for such review. The Court may conduct expedited discovery under the Federal Rules of Civil Procedure for purposes of determining compliance with this Decree or defending against a claim of non-compliance. The Court will have all equitable powers, including injunctive relief, to enforce this Decree.
MISCELLANEOUS 13. If any provision(s) of the Consent Decree is found to be unlawful, only the specific provision(s) in question shall be affected and the other provisions will remain in full force and effect. 14. The terms of the Decree are and shall be binding upon the present and future directors, officers, successors and assigns of Citibank Delaware. 15. The Decree constitutes the entire agreement and commitments of the parties. Any modifications to this agreement must be mutually agreed upon and memorialized in a writing signed by Citibank Delaware and the Commission. 16. When this Decree requires the submission by Citibank Delaware of any documents to the Commission, if not otherwise indicated in the Decree, they shall be mailed to Cynthia A. Locke, Senior Trial Attorney, EEOC Philadelphia District Office, 21 S. 5th Street, The Bourse, Suite 400, Philadelphia, Pa. 19106. 17. Failure by the Commission to seek enforcement of this Decree with regard to one provision shall not be construed as a waiver of its rights to do so with regard to the same or other provisions of this Decree. 18. Each party to this Decree shall bear its own expenses, costs and attorneys' fees. 19. This Consent Decree shall be filed in the United States District Court for the District Court of Delaware.
6

20. The Court retains jurisdiction over this case in order to enforce the terms of the

Decree.

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Ronald S. Cooper General Counsel

CITIBANK DELAWARE
~

Gwendolyn Young Reams Associate General Counsel Washington, D.C.

\
dith A. O'Boyle
Supervisory Trial Attorney

U.S. EEOC Philadelphia District Office 21 S. 5th Street, Suite 400 Philadelphia, PA 19106 215.440.2683
APPROVED AND SO ORDERED:
Date

HONORABLE JOSEPH J. FARNAN

7

EXHIBIT A
NOTICE
This Notice is posted as part of a settlement reached in the matter of EEOC v. Citibank Delaware, C.A. No. 05-348, in the United States District Court, District of Delaware. EEOC filed this action to enforce provisions of Title I of the American with Disabilities Act.
The Americans with Disabilities Act (the "ADA") prohibits discrimination against employees and applicants for employment based upon their status as persons with disabilities. The ADA further prohibits retaliation against employees or applicants who avail themselves oftheir rights under the ADA by engaging in protected activities, such as filing a charge of discrimination or testifying or participating in an EEOC investigation. THE EQUAL EMPLOYMENT OPPORTUNITY COMMISSION (EEOC) is the federal agency which investigates charges of discrimination and, if necessary, brings lawsuits in the federal district courts to enforce the ADA.
The EEOC filed this action against Defendant Citibank Delaware to enforce provisions of the ADA, alleging that Defendant discharged an individual with a disability from her position at its New Castle, Delaware location, in violation ofthe ADA. Citibank Delaware denies the allegations made by EEOC and denies liability in this case.
To resolve the case, the EEOC and Citibank Delaware have entered into a Consent Decree in which Citibank Delaware agrees that it will not discriminate against any employee or applicant for employment on the basis of disability.
If you believe you have been discriminated against, you may contact the EEOC at (215) 440-2600. The EEOC charges no fees and has employees who speak languages other than English.
THIS NOTICE MUST NOT BE DEFACED OR REMOVED AND MUST REMAIN POSTED FOR A PERIOD OF TWELVE (12) MONTHS FROM THE DATE SET FORTH BELOW.

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

CITIBANK DELAWARE

Date Posted: _ _ _ _ _ _ _ _ _ _ _ _!' 2006

 
 CM/ECF LIVE - U.S. District Court:ded - Docket Report

https://ecf.ded.uscourts.gov/cgi-bin/DktRpt.pl?906580706525355-L_35...

U.S. District Court District of Delaware (Wilmington) CIVIL DOCKET FOR CASE #: 1:05-cv-00348-JJF

CLOSED

Equal Employment Opportunity Commission v. Citibank/Citigroup Global Markets, Inc. Assigned to: Honorable Joseph J. Farnan, Jr. Cause: 42:12101 Americans with Disabilities Act

Date Filed: 05/31/2005 Date Terminated: 09/28/2006 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

Plaintiff
Equal Employment Opportunity Commission

represented by Cynthia A. Locke U.S. Equal Employment Opportunity Commission 21 South 5th Street Suite 400 Philadelphia, PA 19106 Email: cynthia.locke@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Douglas Edward McCann U.S. Attorney's Office The Nemours Building 1007 Orange Street, Suite 700 P.O. Box 2046 Wilmington, DE 19899-2046 (302) 573-6277 Fax: (302) 573-6220 Email: douglas.mccann@usdoj.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Rudolph Contreras U.S. Attorney's Office The Nemours Building 1007 Orange Street, Suite 700 P.O. Box 2046 Wilmington, DE 19899-2046 (302) 573-6277 ext. 154 Fax: (302) 573-6220 Email: rudolph.contreras@usdoj.gov TERMINATED: 04/26/2006 ATTORNEY TO BE NOTICED

V.

1 of 6

5/31/2007 9:55 AM

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Defendant Citibank Delaware

represented by David H. Williams Morris James LLP 500 Delaware Avenue, Suite 1500 P.O. Box 2306 Wilmington, DE 19899-2306 (302) 888-6800 Email: dwilliams@morrisjames.com ATTORNEY TO BE NOTICED

Date Filed 05/31/2005
05/31/2005 06/08/2005 06/23/2005 07/01/2005 07/06/2005 07/07/2005 07/07/2005 07/07/2005
07/07/2005 07/08/2005

#

Docket Text

1 COMPLAINT filed with Jury Demand against Citibank/Citigroup Global Markets, Inc. - Magistrate Consent Notice to Pltf. - filed by Equal Employment Opportunity Commission. (Attachments: # 1 Civil Cover Sheet # 2 Acknowledgement of Consent Form)(els, ) (Entered: 06/01/2005)
Summons Issued as to Citibank/Citigroup Global Markets, Inc. on 5/31/2005. (els, ) (Entered: 06/01/2005)
Case assigned to Judge Joseph J. Farnan, Jr. Please include the initials of the Judge (JJF) after the case number on all documents filed. (rjb, ) (Entered: 06/08/2005)
2 Return of Service Executed by Equal Employment Opportunity Commission. Citibank/Citigroup Global Markets, Inc. served on 6/10/2005, answer due 6/30/2005. (afb, ) (Entered: 06/27/2005)
CORRECTING ENTRY: edit cause code (els, ) (Entered: 07/01/2005)
3 STIPULATION TO EXTEND TIME for Defendant to respond to Complaint to July 15, 2005 - filed by Equal Employment Opportunity Commission, Citibank/Citigroup Global Markets Inc.. (Williams, David) (Entered: 07/06/2005)
4 MOTION for Pro Hac Vice Appearance of Attorney Sarah E. Pontoski - filed by Citibank/Citigroup Global Markets Inc.. (Williams, David) (Entered: 07/07/2005)
5 MOTION for Pro Hac Vice Appearance of Attorney Judith E. Harris - filed by Citibank/Citigroup Global Markets Inc.. (Williams, David) (Entered: 07/07/2005)
SO ORDERED, re 3 STIPULATION TO EXTEND TIME for Defendant to respond to Complaint to July 15, 2005 filed by Equal Employment Opportunity Commission, Citibank/Citigroup Global Markets Inc . Signed by Judge Joseph J. Farnan, Jr. on 07/07/05. (afb, ) (Entered: 07/08/2005)
Reset Answer Deadlines: Citibank/Citigroup Global Markets Inc. answer due 7/15/2005 per D.I. 3. (afb, ) (Entered: 07/08/2005)
6 MOTION Admission Pro Hac Vice: Cynthia Locke - filed by Equal Employment Opportunity Commission. (Contreras, Rudolph) (Entered: 07/08/2005)

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07/11/2005 07/11/2005 07/11/2005 07/15/2005 07/15/2005 07/20/2005 07/22/2005 09/27/2005 10/05/2005 10/05/2005
10/05/2005
10/21/2005 10/24/2005 11/15/2005 11/17/2005

SO ORDERED, re 5 MOTION for Pro Hac Vice Appearance of Attorney Judith E. Harris filed by Citibank/Citigroup Global Markets Inc . Signed by Judge Joseph J. Farnan, Jr. on 07/11/05. (afb, ) (Entered: 07/12/2005)
SO ORDERED, re 4 MOTION for Pro Hac Vice Appearance of Attorney Sarah E. Pontoski filed by Citibank/Citigroup Global Markets Inc. Signed by Judge Joseph J. Farnan, Jr. on 07/11/05. (afb, ) (Entered: 07/12/2005)
SO ORDERED, re 6 MOTION Admission Pro Hac Vice: Cynthia Locke filed by Equal Employment Opportunity Commission . Signed by Judge Joseph J. Farnan, Jr. on 07/08/05. (afb, ) (Entered: 07/12/2005)
7 MOTION to Allow EEOC Attorney to Appear Without Local Counsel - filed by Equal Employment Opportunity Commission. (Contreras, Rudolph) (Entered: 07/15/2005)
8 ANSWER to Complaint by Citibank/Citigroup Global Markets Inc..(Williams, David) (Entered: 07/15/2005)
10 DEFICIENCY NOTICE by the Court issued to David H. Williams, Esq. re 8 Answer to Complaint. Courtesty copy needed. (afb, ) (Entered: 07/27/2005)
9 ORDER granting 7 Motion to Allow EEOC Attorney, Cynthia A. Locke, to appear without local cnsl. Signed by Judge Joseph J. Farnan, Jr. on 07/22/05. (afb, ) (Entered: 07/25/2005)
11 PROPOSED ORDER Rule 16 Scheduling Order by Citibank/Citigroup Global Markets Inc.. (Williams, David) (Entered: 09/27/2005)
12 NOTICE OF SERVICE of Defendant's Initial Disclosures by Citibank/Citigroup Global Markets Inc..(Williams, David) (Entered: 10/05/2005)
13 RULE 16 SCHEDULING ORDER: Pre-Discovery Disclosures ddl. 10/05/05. Joinder of Parties due by 11/15/2005. Amended Pleadings due by 11/15/2005. Discovery due by 11/30/2005. Dispositive Motions due by 6/15/2006. Signed by Judge Joseph J. Farnan, Jr. on 10/05/05. (afb, ) (Entered: 10/06/2005)
14 ORDER that a Pretrial Conference is set for 8/10/2006 at 10:00 AM in Courtroom 4B before Honorable Joseph J. Farnan, Jr.; Trial will be scheduled at the Pretrial Cnf. to commence within 120 days of the pretrial cnf. Cnsl. should be available during the 120 day period for trial. Signed by Judge Joseph J. Farnan, Jr. on 10/05/05. (afb, ) (Entered: 10/06/2005)
15 NOTICE OF SERVICE of Defendant's First Set of Interrogatories and Defendant's First Set of Requests for Production by Citibank/Citigroup Global Markets Inc..(Williams, David) (Entered: 10/21/2005)
16 ORDER that a Pretrial Conference set for 8/3/2006 at 10:00 AM in Courtroom 4B before Honorable Joseph J. Farnan, Jr.; Signed by Judge Joseph J. Farnan, Jr. on 10/24/05. (afb, ) (Entered: 10/25/2005)
17 STIPULATION Extend dates in Scheduling Order by Equal Employment Opportunity Commission. (Locke, Cynthia) (Entered: 11/15/2005)
SO ORDERED, re 17 Stipulation filed by Equal Employment Opportunity Commission that the Rule 16 Scheduling Order of October 4, 2005, for joinder of

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11/17/2005 11/18/2005 12/02/2005 12/02/2005 12/08/2005 12/08/2005
12/08/2005 12/13/2005 12/20/2005 01/05/2006 01/18/2006
01/31/2006 04/10/2006 04/13/2006

parties and amendment of pleadings be extended from 11/15/05 to 12/02/05. Signed by Judge Joseph J. Farnan, Jr. on 11/17/05. (afb, ) Modified on 11/18/2005 (afb, ). (Entered: 11/17/2005)
Reset Scheduling Order Deadlines: Amended Pleadings due by 12/2/2005. Joinder of Parties due by 12/2/2005 per D.I. 17. (afb, ) (Entered: 11/17/2005)
18 Letter to The Court from Chynthia A. Locke, Esq., dated 11/15/05 - re 17 Stipulation. (afb, ) (Entered: 11/18/2005)
19 STIPULATION To Amend Complaint and Change Named Defendant by Equal Employment Opportunity Commission. (Attachments: # (1))(Locke, Cynthia) (Entered: 12/02/2005)
20 AMENDED COMPLAINT Changing Name of Defendant to Citibank Delaware against Citibank/Citigroup Global Markets Inc.- filed by Equal Employment Opportunity Commission.(Locke, Cynthia) (Entered: 12/02/2005)
CORRECTING ENTRY: Clerk removed attachment to Stipulation (D.I. 19). Attachment was docketed as an Amended Complaint (D.I. 20). (afb, ) (Entered: 12/08/2005)
SO ORDERED, re 19 Stipulation to change the name of the Defendant in this action from "Citibank/ Citigroup Global Markets, Inc." to "Citibank Delaware." filed by Equal Employment Opportunity Commission . Signed by Judge Joseph J. Farnan, Jr. on 12/08/05. (afb, ) (Entered: 12/12/2005)
CORRECTING ENTRY: Clerk updated deft. "Citibank/ Citigroup Global Markets, Inc." to "Citibank Delaware" per D.I. 19. (afb, ) (Entered: 12/13/2005)
21 ANSWER to Amended Complaint and Separate Defenses by Citibank Delaware.(Williams, David) (Entered: 12/13/2005)
22 NOTICE to Take Deposition of Theresa B. Jenkins on January 20, 2006 by Citibank Delaware.(Williams, David) (Entered: 12/20/2005)
23 NOTICE to Take Deposition of Terry B. Jenkins on January 20, 2006 by Citibank Delaware.(Williams, David) (Entered: 01/05/2006)
24 NOTICE OF SERVICE of Defendant's Responses to Plaintiff EEOC's First Request for Production of Documents to Defendant Citibank Delaware and Defendant Citibank Delaware's Objections and Resposnes to Plaintiff EEOC's First Set of Interrogatories by Citibank Delaware.(Williams, David) (Entered: 01/18/2006)
25 NOTICE to Take Deposition of Terry B. Jenkins on February 9, 2006 by Citibank Delaware.(Williams, David) (Entered: 01/31/2006)
26 STIPULATION To Extend Discovery Dates in the Court's Scheduling Order by Equal Employment Opportunity Commission. (Locke, Cynthia) (Entered: 04/10/2006)
SO ORDERED, re 26 Stipulation that deadlines in the Court's Rule 16 Scheduling Order dated 10/05/05 be extended for thirty days. Pltf.'s expert reports ddl. 05/15/06; Deft.'s expert reports ddl. 06/14/06; Dispositive Motions ddl. 07/14/06. Signed by Judge Joseph J. Farnan, Jr. on 04/13/06. (afb, )

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04/13/2006 04/26/2006 05/30/2006 05/31/2006 05/31/2006 06/02/2006
06/08/2006 06/08/2006 06/13/2006 07/17/2006 07/17/2006 07/31/2006 07/31/2006

(Entered: 04/13/2006)
27 ORDER that a Pretrial Conference is set for 10/5/2006 at 02:30 PM in Courtroom 4B before Honorable Joseph J. Farnan, Jr.; Signed by Judge Joseph J. Farnan, Jr. on 04/13/06. (afb, ) (Entered: 04/13/2006)
28 NOTICE OF SUBSTITUTION OF COUNSEL re Equal Employment Opportunity Commission: Entry of appearance of attorney Douglas Edward McCann. Attorney Rudolph Contreras terminated. (McCann, Douglas) (Entered: 04/26/2006)
29 NOTICE to Take Deposition of J.G. Scudder on June 9, 2006 by Citibank Delaware.(Williams, David) (Entered: 05/30/2006)
30 Joint STIPULATION to amend answer to amended complaint re 21 Answer to Amended Complaint by Citibank Delaware. (Williams, David) (Entered: 05/31/2006)
31 AMENDED ANSWER to 20 Amended Complaint by Citibank Delaware. (Williams, David) (Entered: 05/31/2006)
SO ORDERED, re 30 Joint Stipulation To Amend Answer To Amended Complaint that Deft. Citibank Delaware may amend its Answer to the Amended Complaint to reflect its position that MetLife is not its insurance carrier. Citibank Delaware files an Amended Answer to the Amended Complaint and Separate Defenses with references to MetLife changed to reflect its position that MetLife is not Citibank Delaware's insurance carrier . Signed by Judge Joseph J. Farnan, Jr. on 06/02/06. (afb, ) (Entered: 06/05/2006)
32 NOTICE to Take Deposition of J.G. Scudder on June 23, 2006 by Citibank Delaware.(Williams, David) (Entered: 06/08/2006)
33 STIPULATION To Extend Deadlines in Scheduling Order by Equal Employment Opportunity Commission. (Locke, Cynthia) (Entered: 06/08/2006)
SO ORDERED 33 Stipulation that Pretrial Conference is reset for 11/9/2006 at 10:00 AM in Courtroom 4B before Honorable Joseph J. Farnan, Jr.; Dispositive Motions extended to 8/14/2006. Signed by Judge Joseph J. Farnan, Jr. on 06/13/06. (afb, ) (Entered: 06/13/2006)
34 MOTION to Compel Discovery Responses - filed by Equal Employment Opportunity Commission. (Attachments: # 1Proposed Order # 27.1.1 Statement)(Locke, Cynthia) Modified on 7/18/2006 (dab, ). (Entered: 07/17/2006)
35 OPENING BRIEF in Support re 34 MOTION to Compel Discovery Responses filed by Equal Employment Opportunity Commission.Answering Brief/Response due date per Local Rules is 7/31/2006. (Attachments: # 1Certificate of Service)(Locke, Cynthia) Modified on 7/18/2006 (dab, ). (Entered: 07/17/2006)
36 Joint STIPULATION to extend deadlines in scheduling order by Citibank Delaware. (Williams, David) (Entered: 07/31/2006)
37 Letter to The Honorable Joseph J. Farnan, Jr. from David H. Williams regarding filing of responsive pleading to Plaintiff's Motion to Compel - re 34 MOTION to

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08/03/2006 08/03/2006
08/11/2006
09/26/2006 09/28/2006 09/28/2006

Compel Discovery Responses, 35 Opening Brief in Support,. (Williams, David) (Entered: 07/31/2006)
38 RESPONSE to Motion re 34 MOTION to Compel Discovery Responses filed by Citibank Delaware. (Williams, David) (Entered: 08/03/2006)
39 ANSWERING BRIEF in Opposition re 34 MOTION to Compel Discovery Responses filed by Citibank Delaware.Reply Brief due date per Local Rules is 8/10/2006. (Attachments: # 1 Exhibit Exhibits A and B# 2 Exhibit Exhibit C# 3 Exhibit Exhibit D through G# 4 Exhibit Exhibit H# 5 Exhibit Exhibits I and J# 6 Exhibit Exhibits K through N)(Williams, David) (Entered: 08/03/2006)
40 Letter to The Honorable Joseph J. Farnan, Jr. from James H. McMackin, III regarding stipulation to extend deadlines for filing dispositive motions. (Attachments: # 1 Joint Stipulation to Extend Deadlines in Scheduling Order)(McMackin, James) (Entered: 08/11/2006)
41 SETTLEMENT AGREEMENT CONSENT DECREE AND NOTICE by Equal Employment Opportunity Commission. (Locke, Cynthia) (Entered: 09/26/2006)
SO ORDERED re 41 Settlement Agreement (Consent Decree) filed by Equal Employment Opportunity Commission, . Signed by Judge Joseph J. Farnan, Jr. on 9/28/06. (dab, ) (Entered: 09/28/2006)
CASE CLOSED (dab, ) (Entered: 09/28/2006)

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