UNITED STATES DISTRICT COURT WESTERN DISTRICT OF MICHIGAN

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Plaintiff,
vs.

Case No. Honorable

~~
5 : 04 CV 017 a

PARADIGM SINTERED PRODUCTS, INC.

COMPLAINT AND JURY DEMAND

Defendant.
----------------------------------,/
NATURE OF THE ACTION

This is an action brought under Title VII of the Civil Rights Act of 1964 to correct

unlawful employment practices and to provide appropriate relief to Saravanan Thangavel

("Thangavel"), Edwin James ("James"), and Brian Adache ("Adache") who were adversely

affected by such practices. The Equal Employment Opportunity Commission

("Commission") alleges that Paradigm Sintered Products, Inc. ("Defendant") discriminated

against James and Thangavel by harassing them and subjecting them to different terms

and conditions of employment based on their national origin, Indian, and unlawfully

terminating them because of their national origin and in retaliation for complaining about

or otherwise opposing such disparate treatment. In addition, the Commission alleges that

Adache was unlawfully discharged in retaliation for opposing discriminatory employment

practices based on national origin.

JURISDICTION AND VENUE

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

1

1343, and 1345. This action is authorized and instituted pu rsuant to Sections 706(f)( 1) and (3) of Title VII of the Civil Rights Act or 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 forthe Western District of Michigan, Southern Division.
PARTIES 3. Plaintiff, the Commission, is the agency of the United States of America charged with the administration, interpretation, and enforcement of Title VII and is expressly authorized to bring this action by Section 706(f)(1) and (3) of Title VII, 42 U.S.C. §§ 2000e-5(f)( 1) and (3). 4. At all relevant times, Defendant, Paradigm Sintered Products Inc., has continually been a corporation doing business in the state of Michigan and the city of Battle Creek, and has continuously had in excess of 15 employees. 5. At all relevant times, Defendant Employer has continuously been an employer engaged in an industry affecting commerce within the meaning of Sections 701 (b), (g), and (h) of Title VII, 42 U.S.C. §§ 2000e(b), (g), and (h).
STATEMENT OF CLAIMS 6. More than sixty (60) days prior to the institution of this lawsuit, Saravanan Thangavel, Edwin James, and Brian Adache filed a charge of discrimination with the Commission alleging a violation of Title VII. All conditions precedent to the institution of this lawsuit have been fulfilled.
2

7. The incidents of disparate treatment in Defendant's facility include the

following; Requiring individuals of Indian national origin to:

a. Work 50-90 hour work weeks while only being paid for 30 hours;

b. Work weekends and holidays and not receiving any vacations;

c. Work at the owner's home without further compensation doing yard

work, house cleaning, gardening and snow removal;

d. Work 12-15 hours per day, 7 days a week;

e. Go home only once every two days and clean up, but not to sleep;

f.

Work Sunday even though they requested time off to go to church;

8. Individuals of Indian national origin told by the owner that "we had no rights

in this country" and the owner could do as he pleased to them.

9. Respondent also threatened them with termination and deportation if they

did not pay for defective parts.

10. The Defendant's unlawful employment practices also include unlawfully

discharging Thanagaval and Adache in retaliation for opposing its discriminatory

employment practices, and discharging James because of his in violation of Section 704(a)

of Title VII, 42 U.S.C. 2000e-3(a).

11. The effect of the unlawful employment practices complained of in paragraph

7 was to deprive Thanagaval, James and Adache of equal employment opportunities and

otherwise adversely affect their status as employees because of their national origin.

11. The unlawful employment practices complained of above were and are done

with malice or reckless indifference to the federally protected rights of Thanagaval, James

and Adache.

3

PRAYER FOR RELIEF Wherefore, the Commission respectfully requests that this Court:
A. Order Defendant to provide training for all employees on the subjects of diversity in the workplace and Title VII's prohibitions against discrimination based on National Origin;
B. Order Defendant to devise an appropriate method of discipline for employees who violate the prohibitions of Title VII and for supervisors who fail to remedy National Origin discrimination;
C. Order Defendant to post its disciplinary rules for violating Title VII in a conspicuous place;
D. Grant the Commission an injunction enjoining Defendant from participating in any unlawful employment practices;
E. Order Defendant to make whole Thanagaval, James and Adache, by providing an appropriate amount of compensatory damages to be determined at trial along with any other affirmative relief necessary to eradicate the effects of the unlawful employment practices complained of above;
F. Order Defendant to pay Thanagaval, James and Adache punitive damages for its malicious or reckless conduct described above in an amount to be proven at trial;
G. Order Defendant to pay Thanagaval, James and Adache back pay in an amount to be proven at trial;
H. Order Defendant to pay Thanagaval, James and Adache nominal damages resulting from the unlawful practices complained of above;
4

I. Grant such further relief as the Court deems necessary and proper

in the public interest;

J. Award the Commission its cost of this action.

JURY TRIAL DEMAND

The Commission requests a jury trial on all questions of fact raised by its

complaint.

Respectfully submitted,

ERIC S. DREIBAND General Counsel

JAMES LEE Deputy General Counsel

DATE: September 30,2004

ADELaE R~APP1O<~44c8A33)
Regional Attorney

ROBERT DAWKINS (P38289) Supervisory Trial Attorney

TAMMY C. KLEIN (P60256) Trial Attorney

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION DETROIT DISTRICT OFFICE Patrick V. McNamara Bldg. 477 Michigan Avenue, Rm. 865 Detroit, Michigan 48226 Telephone: (313) 226-5673

5

 
 UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,

Plaintiff, v. PARADIGM SINTERED PRODUCTS, INC.,

File No. 5:04-CV-170 HON. ROBERT HOLMES BELL

Defendant. /

JUDGMENT

This matter is before the Court on Plaintiff's motion for default judgment. For the

reasons stated on the record at the hearing on August 18, 2005,

IT IS HEREBY ORDERED that JUDGMENT in the amount of $220,464.07 is

entered in favor of Plaintiff and against Defendant. This judgment includes damages of

$59,777.79 in back pay and interest, $20,000 in compensatory damages and $20,000 in

punitive damages for Saravana Thangavel; $90,758.28 in back pay and interest, $20,000 in

compensatory damages and $20,000 in punitive damages for Edwin James; and $14,928 in

back pay and interest, $10,000 in compensatory damages and $5,000 in punitive damages for

Brian Adache.

Date: August 20, 2005

/s/ Robert Holmes Bell ROBERT HOLMES BELL CHIEF UNITED STATES DISTRICT JUDGE

 
 United States District Court for the Western District of Michigan - Docket Report

Page 1 of 3

United States District Court Western District of Michigan (Southern Division (5)) CIVIL DOCKET FOR CASE #: 5:04-cv-00170-RHB

CLOSED

Equal Employment Opportunity Commission v. Paradigm Sintered Products, Inc. Assigned to: Chief Judge Robert Holmes Bell Cause: 28:451 Employment Discrimination

Date Filed: 09/30/2004 Date Terminated: 08/20/2005 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

plaintiff
Equal Employment Opportunity Commission

represented by Adele Rapport U.S. Equal Employment Opportunity Commission (MI) 865 Patrick V. McNamara Bldg. 477 Michigan Ave. Detroit, MI 48226 (313) 226-6701 Email: adele.rapport@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Tammy C. Klein U.S. Equal Employment Opportunity Commission (MI) 865 Patrick V. McNamara Bldg. 477 Michigan Ave. Detroit, MI 48226 (313) 226-5673 Fax: (313) 226-6584 Email: tammy.klein@eeoc.gov ATTORNEY TO BE NOTICED

V. defendant Paradigm Sintered Products, Inc.
movant Ron Holcomb

represented by Ron Holcomb Paradigm Sintered Product 201 Fritz Keiper Blvd. Battle Creek, MI 49015 PRO SE

https://ecf.miwd.uscourts.gov/cgi-bin/DktRpt.pl?585801863701995-L_353_0-1

6/11/2007

United States District Court for the Western District of Michigan - Docket Report

Page 2 of 3

Date Filed 09/30/2004 09/30/2004 11/02/2004
11/09/2004
11/09/2004 12/09/2004 12/10/2004
12/13/2004 07/07/2005
07/07/2005 07/07/2005 07/07/2005 08/03/2005

#

Docket Text

1 COMPLAINT and Jury Demand against Paradigm Sintered Products, Inc. filed by Equal Employment Opportunity Commission (lkd, ) (Entered: 10/04/2004)

SUMMONS ISSUED as to Paradigm Sintered Products, Inc. (lkd, ) (Entered: 10/04/2004)

2 PROPOSED STIPULATION and ORDER EXTENDING DEFENDANT'S TIME TO ANSWER PLAINTIFF'S COMPLAINT by plaintiff Equal Employment Opportunity Commission (Klein, Tammy) (Entered: 11/02/2004)

3 ORDER granting STIPULATION 2 extending Defendant's time to answer Plaintiff's complaint. Defendant shall have to and including 12/8/2004 in which to file its answer or other responsive pleading; signed by Chief Judge Robert Holmes Bell (Chief Judge Robert Holmes Bell, ymc) (Entered: 11/09/2004)

Copy of Order on Stipulation and Proposed Order 3 sent via U.S. Mail to movant Holcomb (gjf) (Entered: 11/09/2004)

4 STIPULATION Joint Stipulation and Order Extending Defendant's Time to Answer Plaintiff's Complaint by plaintiff Equal Employment Opportunity Commission (Klein, Tammy) (Entered: 12/09/2004)

5 ORDER granting STIPULATION 4 for an aditional extension of 30 days to file an Answer to the EEOC's complaint; signed by Chief Judge Robert Holmes Bell (Chief Judge Robert Holmes Bell, ymc) (Entered: 12/10/2004)

Copy of Order on Stipulation 5 sent via U.S. Mail to movant Holcomb (gjf) (Entered: 12/13/2004)

6 DISREGARD THIS ENTRY - FIRST MOTION for default judgment as to by plaintiff Equal Employment Opportunity Commission; (Attachments: # 1 Exhibit # 2 Exhibit) (Klein, Tammy) Modified on 7/8/2005; duplicate entry to 8 (gjf). (Entered: 07/07/2005)

7 DISREGARD THIS ENTRY - BRIEF in support of 6 filed by Equal Employment Opportunity Commission (Klein, Tammy) Modified on 7/8/2005; duplicate entry 9 (gjf). (Entered: 07/07/2005)

8 FIRST MOTION for default judgment as to by plaintiff Equal Employment Opportunity Commission; (Attachments: # 1 Exhibit # 2) (Klein, Tammy) (Entered: 07/07/2005)

9 BRIEF in support of 8 filed by Equal Employment Opportunity Commission (Klein, Tammy) (Entered: 07/07/2005)

10 MOTION FOR DEFAULT by plaintiff Equal Employment Opportunity Commission; (Klein, Tammy) Modified on 8/8/2005 to edit text (gjf). (Entered: 08/03/2005)

https://ecf.miwd.uscourts.gov/cgi-bin/DktRpt.pl?585801863701995-L_353_0-1

6/11/2007

United States District Court for the Western District of Michigan - Docket Report

Page 3 of 3

08/03/2005 08/03/2005 08/03/2005
08/08/2005 08/09/2005
08/10/2005 08/18/2005 08/20/2005 08/22/2005

11 BRIEF in support of 10 Motion for Default filed by Equal Employment Opportunity Commission (Attachments: # 1 Exhibit Letter asking for extension) (Klein, Tammy) (Entered: 08/03/2005)
12 MOTION FOR DEFAULT JUDGMENT by plaintiff Equal Employment Opportunity Commission; (Klein, Tammy) Modified on 8/8/2005 to edit text (gjf). (Entered: 08/03/2005)
13 BRIEF in support of 12 Motion for Default Judgment filed by Equal Employment Opportunity Commission (Attachments: # 1 Exhibit faxed letter to Tammy Klein) (Klein, Tammy) Modified on 8/8/2005 to edit text (gjf). (Entered: 08/03/2005)
14 DEFAULT ENTERED as to defendant Paradigm Sintered Products, Inc. (gjf) (Entered: 08/08/2005)
15 NOTICE OF MOTION HEARING regarding document number 8: motion hearing set for 8/18/2005 at 01:15 PM at 601 Federal Building, Grand Rapids, MI before Chief Judge Robert Holmes Bell; (Chief Judge Robert Holmes Bell, sdb) (Entered: 08/09/2005)
Copy of Notice of Motion Hearing 15 sent via U.S. Mail to Atty Holcomb (gjf) (Entered: 08/10/2005)
17 MINUTES of motion hearing re 12 held before Chief Judge Robert Holmes Bell (Court Reporter Kevin Gaugier) (Chief Judge Robert Holmes Bell, kcb) (Entered: 08/20/2005)
16 ORDER granting 8 motion for default judgment ; signed by Chief Judge Robert Holmes Bell (Chief Judge Robert Holmes Bell, kcb) (Entered: 08/20/2005)
Copy of Order on Motion for Default Judgment 16 sent via U.S. Mail to movant Holcomb (gjf) Modified on 8/22/2005 to correct text (gjf). (Entered: 08/22/2005)

PACER Service Center
Transaction Receipt

06/11/2007 12:52:28

PACER Login: hs0328

Client Code: eeoc

Description: Docket Report Search Criteria: 5:04-cv-00170-RHB

Billable Pages: 2

Cost:

0.16

https://ecf.miwd.uscourts.gov/cgi-bin/DktRpt.pl?585801863701995-L_353_0-1

6/11/2007