UNITED STATES DISTRICT COURT EASTERN DISTRICT OF WISCONSIN

EQUAL EMPLOYMENT OPPORTUNITY

)

COMMISSION,

)

)

Plaintiff,

) Civil Action No. _____________________

v.

)

)

MT. MORRIS MUTUAL INSURANCE

) COMPLAINT

COMPANY,

) (Jury Trial Demand)

)

Defendant.

)

__________________________________________)

NATURE OF THE ACTION

This is an action under Title VII of the Civil Rights Act of 1964 and Title I of the Civil

Rights Act of 1991 to correct unlawful employment practices on the basis of sex (pregnancy) and

to provide appropriate relief to Charissa Black Slife, who was adversely affected by such practices.

As stated with greater particularity in Paragraph 7 below, the plaintiff Equal Employment

Opportunity Commission alleges that the defendant, Mt. Morris Mutual Insurance Company,

discriminated against Slife based on her sex and pregnancy by terminating her employment because

of her pregnancy.

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) (“Title VII”), 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 Eastern District of Wisconsin.

PARTIES 3. The plaintiff, the Equal Employment Opportunity Commission (“EEOC”), 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, the defendant, Mt. Morris Mutual Insurance Company (“MMMIC”), has continuously been a Wisconsin corporation doing business in the State of Wisconsin and Village of Coloma, and has continuously had at least 15 employees. 5. At all relevant times, MMMIC 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 institution of this lawsuit, Charissa Black Slife (“Slife”) filed a charge with the EEOC alleging violations of Title VII by MMMIC. All conditions precedent to the institution of this lawsuit have been fulfilled. 7. Since at least December 2002 to the present, MMMIC has engaged in unlawful employment practices at its facility located at N1211 County Road B, Coloma, Wisconsin, 549308729, in violation of of Section 703(a)(1) of Title VII, 42 U.S.C. §§ 2000e-2(a)(1), by discharging Slife from her position as a Claims Assistant because she was pregnant. 8. The effect of the practices complained of in Paragraph 7 has been to deprive Slife of equal employment opportunities and otherwise adversely affect her status as an employee because of her sex and pregnancy.
2

9. The unlawful employment practices complained of in Paragraph 7 above were, and are, intentional.
10. The unlawful employment practices complained of in Paragraph 7 above were done by MMMIC with malice or with reckless indifference to Slife’s federally-protected rights.
PRAYER FOR RELIEF Wherefore, the EEOC respectfully requests that this Court: A. Grant a permanent injunction enjoining MMMIC and its officers, successors, and assigns, and all persons in active concert or participation with them, from engaging in discrimination based on sex (pregnancy). B. Order MMMIC to implement practices, and programs which provide equal employment opportunities for pregnant women, and which eradicate the effects of its past and present unlawful employment practices. C. Order MMMIC to make whole Charissa Black Slife by providing appropriate back pay with pre-judgment interest, in amounts to be determined at trial, and other affirmative relief necessary to eradicate the effects of its unlawful employment practices, including (but not limited to) rightful-place reinstatement. D. Order MMMIC to make whole Charissa Black Slife by providing compensation for past and future pecuniary losses resulting from the unlawful employment practices described in Paragraph 7 above, in amounts to be determined at trial. E. Order MMMIC to make whole Charissa Black Slife by providing compensation for past and future nonpecuniary losses resulting from the unlawful practices complained of in Paragraph 7 above, including emotional pain, suffering, loss of enjoyment of life, and humiliation caused by
3

MMMIC’s discriminatory treatment of her, in amounts to be determined at trial.

F. Order MMMIC to pay Charissa Black Slife punitive damages for its malicious and

reckless conduct described in Paragraph 7 above, in amounts to be determined at trial.

G. Grant such further relief as the Court deems necessary and proper in the public

interest.

H. Award the EEOC its costs of this action.

JURY TRIAL DEMAND

The EEOC requests a jury trial on all questions of fact raised by its complaint.

Eric Dreiband General Counsel

James Lee Deputy General Counsel

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 1801 “L” Street, N.W. Washington, D.C. 20507

Dated: September 2, 2005

Jean P. Kamp Regional Attorney

Dated: September 2, 2005

Rosemary Fox Supervisory Trial Attorney

Dated: September 2, 2005

Dennis R. McBride Senior Trial Attorney

EEOC Milwaukee District Office 310 West Wisconsin Avenue - Suite 800 Milwaukee, WI 53203-2292 Telephone: (414) 297-4188 Fax: (414) 297-3146 E-mail: dennis.mcbride@eeoc.gov

4

 
 AO 450 (Rev. 5/85) Judgment in a Civil Case q
United States District Court

EASTERN DISTRICT OF WISCONSIN

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

JUDGMENT IN A CIVIL CASE

Plaintiff

v.

CASE NUMBER: 05-C-951

MT. MORRIS MUTUAL INSURANCE COMPANY

Defendant

9 Jury Verdict. This action came before the Court for a trial by jury. The issues have
been tried and the jury has rendered its verdict.
: Decision by Court. This action came to trial or hearing before the Court. The issues
have been tried or heard and a decision has been rendered.
Plaintiff Equal Employment Opportunity Commission (EEOC) and Defendant Mt. Morris Mutual Insurance Company (MMMIC) having entered into a consent decree with the approval of the court, the Honorable Thomas J. Curran, District Judge, presiding,
IT IS ORDERED AND ADJUDGED that:
• For two years from the date of entry of this Consent Decree and Order, this Court shall retain jurisdiction over this matter and the parties for purposes of enforcing compliance with the Decree, including issuing orders that may be required to carry out its purpose.
• MMMIC and its officer, agents, managers (including supervisory employees), successors, and assigns, and all those in active concert or participation with them, are hereby enjoined from engaging in or being a party to any action, policy, or practice that is intended, or is known to them, to discriminate against any employee on the basis of pregnancy. This includes, but is not limited to, terminating the employment of any employee on the basis of pregnancy.

• MMMIC shall provide mandatory annual training concerning the requirements of Title VII to its: (a) human resources employees; (b) supervisors and managers; (c) senior management officials; (d) all employees responsible for the processing of requests by employees for accommodation due to pregnancy; and (e) all employees responsible for the hiring or discharge of employees. The training shall be completed within 90 days of entry of the Consent Decree, and shall be repeated once more approximately one year later. Within 30 days of completion of each annual training session, MMMIC shall give the EEOC’s Milwaukee District Office a list of those trained and the date and description of the training provided. Such training shall be conducted by one or more outside trainers chosen by MMMIC with approval by the EEOC’s Milwaukee District Office, and shall include, but not be limited to, the lawful hiring and discharge of employees under Title VII and the lawful treatment of female employees who request accommodations based on pregnancy.
• MMMIC shall place a public notice at its facility in Coloma, Wisconsin, for one year from the date of entry of the Consent Decree and Order. The notice shall be conspicuously posted in a location commonly used to post legal, regulatory, and personnel notices for employees, and shall be in the form attached hereto as Exhibit A to the Consent Decree and captioned “Official Notice To All Mt. Morris Mutual Employees.”
• For two years from the entry of this Consent Decree and Order, MMMIC shall report to the EEOC’s attorneys in writing and on a semiannual basis each June 30 and December 31, starting with June 30, 2006, the name, address, telephone number, and job title of any MMMIC employee who: (a) is terminated, including a summary of the reasons for termination, and/or (b) request accommodations based on pregnancy, including a summary as to the requested accommodation, whether the accommodation was granted, and, if it was not granted, why not. MMMIC shall maintain all documents pertaining to such actions for the full two-year reporting period, and shall make such documents available for inspection by EEOC on 48 hours written notice.
• Pursuant to a settlement executed in December 2005, MMMIC has paid $55,000 to Clarissa Black Slife to compensate her for lost wages, interest on lost wages, and lost benefits based on her alleged discriminatory discharge, and to compensate Slife’s private attorney for the hours that he worked on Slife’s claim against MMMIC.

• MMMIC has paid Slife an additional $10,000 to compensate her for the emotional distress that she allegedly suffered when MMMIC discharged her and during those months when she subsequently was without work. MMMIC’s attorney personally handed the check to Slife’s husband, and sent a letter memorializing that event to Slife by certified U.S. mail to Slife at W11827 Cumberland Road, Coloma, WI 54930, and simultaneously mailed a copy of the payment check to the EEOC’s attorneys. By agreement, MMMIC did not make any deductions from this check, and Slife shall be responsible for paying any taxes for which she is liable on the $10,000 payment. Slife has executed a release, which is attached to this Consent Decree and Order as Exhibit B, to release MMMIC from further liability for any Title VII or Wisconsin Fair Employment Act claim which Slife now has or claims to have or which she previously had or claimed to have against MMMIC, including claims made in the EEOC discrimination charge.
• MMMIC agrees that, if at any time following the entry of this Consent Decree and Order it receives any oral or written inquiry from a potential employer about Slife, MMMIC shall only provide Slife’s dates of employment and, consistent with MMMIC policy, shall not provide any additional information.
IT IS FURTHER ORDERED AND ADJUDGED
that this action is dismissed with prejudice.

April 19, 2006 Date

SOFRON B. NEDILSKY
Clerk
s/ B. Furlick (By) Deputy Clerk

 
 Eastern District of Wisconsin - Live - Docket Report

Page 1 of 3

United States District Court Eastern District of Wisconsin (Milwaukee) CIVIL DOCKET FOR CASE #: 2:05-cv-00951-TJC

CLOSED

Equal Employment Opportunity Commission v. Mt Morris Mutual Insurance Company Assigned to: Senior Judge Thomas J Curran Cause: 42:2000e Job Discrimination (Employment)

Date Filed: 09/02/2005 Date Terminated: 04/19/2006 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

Plaintiff
Equal Employment Opportunity Commission

represented by Dennis R McBride United States Equal Employment Opportunity Commission Milwaukee District Office 310 W Wisconsin Ave - Ste 800 Milwaukee, WI 53203-2292 414-297-4188 Fax: 414-297-3146 Email: dennis.mcbride@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Jean P Kamp United States Equal Employment Opportunity Commission Milwaukee District Office 310 W Wisconsin Ave - Ste 800 Milwaukee, WI 53203-2292 414-297-1112 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Rosemary J Fox United States Equal Employment Opportunity Commission Milwaukee District Office 310 W Wisconsin Ave - Ste 800 Milwaukee, WI 53203-2292 414-297-4131 Fax: 414-297-3146 Email: rosemary.fox@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

V.

https://ecf.wied.uscourts.gov/cgi-bin/DktRpt.pl?765648806753679-L_353_0-1

5/22/2007

Eastern District of Wisconsin - Live - Docket Report

Page 2 of 3

Defendant
Mt Morris Mutual Insurance Company

represented by Donald P O'Meara von Briesen & Roper SC 411 E Wisconsin Ave - Ste 700 PO Box 3262 Milwaukee, WI 53201-3262 414-287-1406 Fax: 414-276-6281 Email: domeara@vonbriesen.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
James A Baxter von Briesen & Roper SC 411 E Wisconsin Ave - Ste 700 PO Box 3262 Milwaukee, WI 53201-3262 414-2871236 Fax: 414-276-6281 Email: jbaxter@vonbriesen.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed 09/02/2005
09/07/2005 09/09/2005 09/23/2005 10/06/2005 10/14/2005
10/21/2005 10/24/2005

#

Docket Text

1 COMPLAINT with Jury Demand (Summons(es) issued) Consent Forms Distributed for Magistrate Judge Goodstein; E-File Notification Distributed(vkb) Document added on 10/6/2005 (bet) (Entered: 09/06/2005)

2 Consent to Jurisdiction by US Magistrate Judge by all plaintiffs (McBride, Dennis)

3 PDF Document Requirement form sent to Atty. McBride regarding Complaint filed on 9/02/05. (vkb)

4 SECOND PDF Document Requirement form sent to Atty. McBride regarding Complaint filed on 9/02/05 (vkb)

5 LETTER from the Court to plaintiff Attorney Dennis R McBride re: Final Notice to submit PDF disk. (bet)

6 LETTER (courtesy copy) from Donald P. O'Meara to Dennis McBride re: Waiver and Refusal form. (kah, ) Additional attachment(s) added on 10/17/2005 (kah, ). (Entered: 10/17/2005)

7 Mt. Morris's ANSWER to Complaint of the Plaintiff by Mt Morris Mutual Insurance Company.(O'Meara, Donald)

8 Docket Annotation; email sent to Atty. O'Meara re: all documents should be signed (vkb)

https://ecf.wied.uscourts.gov/cgi-bin/DktRpt.pl?765648806753679-L_353_0-1

5/22/2007

Eastern District of Wisconsin - Live - Docket Report

Page 3 of 3

11/02/2005 11/28/2005 12/02/2005 12/05/2005
04/18/2006 04/18/2006 04/19/2006 04/19/2006 04/20/2006

9 NOTICE of Hearing: (cc: all counsel)Telephonic Scheduling Conference set for 12/2/2005 09:30 AM before Senior Judge Thomas J Curran. (Thomas J. Curran)
10 REPORT of Rule 26(f) Plan by all plaintiffs (McBride, Dennis)
12 Minute Entry for proceedings held before Judge Thomas J Curran : Scheduling Conference held on 12/2/2005; see Scheduling Order (vkb) (Entered: 12/05/2005)
11 SCHEDULING ORDER: signed by Judge Thomas J Curran on December 5, 2005. Amended Pleadings due by 1/1/2006. Discovery due by 8/31/2006. Plaintiffs Expert Witness List due by 4/28/2006. Defendants Expert Witness List due by 6/15/2006. Final Pretrial Conference set for 2/14/2007 09:00 AM before Senior Judge Thomas J Curran. Jury Trial set in the number 3 position for 3/12/2007; in the number 2 position for 4/9/2007; in the number 1 position for 5/7/2007 at 09:30 AM in Courtroom 242 before Senior Judge Thomas J Curran. Motions due by 9/29/2006. (Attachments: # 1) (cc: all counsel)(Furlick, Barbara)
13 LETTER from Dennis R. McBride regarding Consent Decree and Order (McBride, Dennis)
14 MOTION for Settlement Consent Decree and Order by all plaintiffs. (McBride, Dennis)
15 ORDER signed by Judge Thomas J Curran on April 19, 2006, dismissing this action with prejudice based upon court's approval of consent decree. It is further ordered that the clerk of court shall enter a final judgment as a separate document. (cc: all counsel)(Thomas J. Curran)
16 JUDGMENT signed by Deputy Clerk on April 19, 2006. See Judgment for details. (cc: all counsel)(Furlick, Barbara)
17 RELEASE of Charissa Black Slife filed by plaintiff EEOC (vkb) (Entered: 04/21/2006)

PACER Service Center
Transaction Receipt

05/22/2007 16:33:38

PACER Login: hs0328

Client Code: EEOC

Description: Docket Report Search Criteria: 2:05-cv-00951-TJC

Billable Pages: 2

Cost:

0.16

https://ecf.wied.uscourts.gov/cgi-bin/DktRpt.pl?765648806753679-L_353_0-1

5/22/2007