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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF INDIANA
FORT WAYNE DIVISION

EQUAL EMPLOYMENT OPPORTUNITY

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COMMISSION,

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Plaintiff,

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v.

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EAGLE CONTRACTING, INC.,

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Defendant.

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NATURE OF THE ACTION

1 I 0 6 C V 0 3 2 6 RM
CIVIL ACTION NO.
COMPLAINT JURY TRIAL DEMAND

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 and to provide

appropriate relief to Brenda Gill, who was adversely affected by such practices. The

Commission alleges that Defendant terminated Brenda Gill because of her pregnancy and

thereby discriminated against her because of her sex, in violation of Title VII.

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 Section 706 (f)(I) and (3) of Title VII

of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000 e-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 Court for the Northern District of Indiana, Fort Wayne Division.

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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 VII, and is expressly authorized to bring this action by Section 706 (f)(I) and (3) and of Title VII, 42 U.S.C. § 2000e-5 (f) (1) and (3). 4. At all relevant times, Defendant, Eagle Contracting, Inc. (the "Employer"), has continuously been an Indiana corporation, doing business in the State of Indiana and the City of New Haven, and has continuously had at least 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 thirty days prior to the institution of this lawsuit, Brenda Gill filed a charge with the Commission alleging violations of Title VII by Defendant Employer. All conditions precedent to the institution of this lawsuit have been fulfilled. 7. Since at least Apri12006, Defendant Employer has engaged in unlawful employment practices at its New Haven, Indiana facility, in violation of Section 703(a) (1) of Title VII, 42 U.S.C. § 2000e-2(a) (1). The unlawful practices include discharging Brenda Gill because of her pregnancy.
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8. The effect of the practice complained of in paragraph 7 above has been to deprive Brenda Gill of equal employment opportunities and otherwise adversely affect her status as an employee, because of her sex.
9. The unlawful employment practices complained of in paragraph 7 above were intentional.
10. The unlawful employment practices complained of in paragraph 7 above were done with malice or with reckless indifference to the federally protected rights of Brenda Gill.
PRAYER FOR RELIEF Wherefore, the Commission respectfully requests that this Court: A. Grant a permanent injunction enjoining Defendant Employer, its officers, successors, assigns, and all persons in active concert or participation with it, from discharging employees because of their sex and pregnancy, and any other employment practice which discriminates on the basis of sex. B. Order Defendant Employer to institute and carry out policies, practices, and programs which provide equal employment opportunities for women, and which eradicate the effects of its past and present unlawful employment practices. C. Order Defendant Employer to make whole Brenda Gill 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, including but not limited to rightful place reinstatement or in the alternative an award of front pay to Brenda Gill. D. Order Defendant Employer to make whole Brenda Gill by providing compensation for past and future pecuniary losses resulting from the unlawful employment practices described in paragraph 7 above, including but not limited to out of pocket expenses, job

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search expenses, cost of insurance premiums, and medical expenses, plus prejudgment interest, in amounts to be determined at trial.
E. Order Defendant Employer to make whole Brenda Gill by providing compensation for past and future nonpecuniary losses resulting from the unlawful practices complained of in paragraph 7 above, including but not limited to physical and emotional pain and suffering, mental anguish, and loss of enjoyment oflife, in amounts to be determined at trial.
F. Order Defendant Employer to pay Brenda Gill 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 Commission its costs of this action.
JURY TRIAL DEMAND The Commission requests a jury trial on all questions of fact raised by its complaint.
Respectfully Submitted,
HELLE EISELE, #12070-49 Supervisory Trial Attorney
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EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Indianapolis District Office 101 West Ohio Street, Suite 1900
Indianapolis, In 46204
Phone: (317) 226-7949 Fax: (317) 226-5571 Email: joann.farnsworth@eeoc.gov

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 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF INDIANA
FORT WAYNE DIVISION

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff, and BRENDA GILL
Plaintiff-Intervenor, vs. EAGLE CONTRACTING, INC.,
Defendant

) ) ) ) ) ) ) ) ) ) ) ) CAUSE NO. 1:06-CV-326 RM ) ) ) ) )

CONSENT DECREE The parties having advised the court that they desire to resolve the remaining allegations in the complaint without the burden, expense, and delay of further litigation, the court now GRANTS their joint motion for entry of a consent decree [Doc. No. 21]. It is therefore ORDERED, ADJUDGED AND DECREED as follows: 1. Eagle Contracting, Inc. agrees that:
a. it will not discriminate against employees because they are pregnant;

b. it will not engage in any act, policy or practice that has the purpose or effect of discriminating against employees or applicants for employment on the basis of sex; and
c. it will not discriminate or retaliate in any way against any person because of opposition to a practice made unlawful under Title VII or because of the filing of a charge, the giving of testimony, assistance or participation in any manner in an investigation, proceeding or hearing under Title VII.
2. To resolve this matter without the burden and expense of further litigation, Eagle Contracting, Inc. agrees to pay $30,000.00 to Brenda Gill in settlement of this cause of action. Of this amount, $12,000.00 shall be paid to Christopher C. Myers as attorney fees and an IRS Form 1099 will be issued to Christopher C. Myers; $8,000.00 shall be paid to Brenda Gill as compensatory damages and an IRS Form 1099 will be issued to Brenda Gill; and $10,000.00 shall be paid to Brenda Gill, less applicable payroll taxes and shall be treated for tax purposes as wages for which an IRS Form W-2 shall be issued to Brenda Gill. Eagle Contracting, Inc. agrees not to deduct from the compensatory damage settlement amount of $8,000.00 the amount of the employer's share of any costs, taxes or social security required by law to be paid by Eagle Contracting, Inc. All payments shall be made by check and made payable to Brenda Gill and sent to her counsel. Thirty days from the entry of this consent decree by the court, the Commission will forward a release to Brenda Gill for her execution. A copy of the
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release is attached hereto as appendix A. The Commission will notify counsel for Eagle Contracting, Inc. on receipt of the release executed by Brenda Gill. Then, within forty-five days from the entry of this consent decree by the court, or within five days of the Commission's notification that it has received the release signed by Ms. Gill, whichever is later, Eagle Contracting, Inc. shall mail the settlement check to Ms. Gill. Eagle Contracting, Inc. shall mail a copy of Ms. Gill's check and proof of its delivery to Ms. Gill (a signed certified mail receipt) to the Commission in the care of Laurie A. Young, regional attorney, or her successor, Equal Employment Opportunity Commission, 101 W. Ohio Street, Suite 1900, Indianapolis, Indiana, 46204. The Commission shall forward Ms. Gill's release to Eagle Contracting, Inc.'s counsel upon receipt of proof of delivery of the check to Ms. Gill.
3. Eagle Contracting, Inc. agrees to post the notice of non-discrimination policy attached as appendix B to this decree in a conspicuous place on its premises. Said notice shall remain posted throughout the term of this Decree.
4. Eagle Contracting, Inc. agrees to eliminate from the record of Brenda Gill all reference to her charge of discrimination and participation in this suit and shall make no reference to such charge or participation in the event that it is contacted for references. This provision survives the expiration of the Consent Decree.
5. Eagle Contracting, Inc. agrees to notify all of its current and future employees who possess hiring and firing authority that discrimination because of
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pregnancy violates Title VII and that pregnancy is not a factor to be considered in any employment decision.
6. Eagle Contracting, Inc. agrees that its owners, managers and supervisors shall attend a training seminar regarding sex discrimination (including but not limited to pregnancy discrimination). Said individuals must attend a seminar within twelve months from the date of entry of this decree. Thirty days prior to the date of the seminar, Eagle Contracting, Inc. shall provide notice to the Commission regarding the date, time and place of the seminar, and shall send to the Commission a copy of the seminar program. The Commission may provide reasonable input on the content of the program.
7. Eagle Contracting, Inc. agrees to submit reports to the Commission detailing its compliance with this decree.
a. Within sixty days of the date of this decree, Eagle Contracting, Inc. will certify to the EEOC regional attorney Laurie A. Young that it has informed its employees that pregnancy is not a factor to be considered when making any employment decision; b. In addition, four annual reports shall be submitted during the term of this decree. The first report shall be due on June 30, 2007 and the subsequent reports shall be mailed to the Commission no later than June 30th of each year covered by the decree. The report shall include the following information for the twelve month period preceding the report: the name, position, home address, home
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telephone number and reason for discharge of all employees who are discharged during their pregnancy. Reports shall be sent to the attention of Laurie A. Young, regional attorney, or her successor, Equal Employment Opportunity Commission, 101 W. Ohio Street, Suite 1900, Indianapolis, Indiana, 46204. 8. Eagle Contracting, Inc. agrees that the Commission may review compliance with this decree. As part of such review, the Commission may inspect the premises, interview employees, and examine and copy documents. 9. In the event that the Commission alleges that a violation of this decree has occurred, prior to exercising any remedy provided by law, the Commission will give notice in writing by certified mail, specifically identifying the alleged violation to Eagle Contracting, Inc. Eagle Contracting, Inc. will have thirty days in which to investigate and respond to the allegation. Thereafter, the parties will have a period of thirty days, or such additional period as may be agreed upon by them, in which to negotiate and confer regarding such allegation, before the Commission exercises any remedy provided by law. 10. The Commission and Eagle Contracting, Inc. shall each bear their own costs and attorney fees. 11. The term of this decree shall be for five years following the date of the entry of this decree. 12. RETENTION OF JURISDICTION BY COURT: The court will retain jurisdiction of this cause throughout the duration of this decree for purposes of
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monitoring compliance with this decree and entry of such further orders as may be necessary or appropriate.
Entered: February 21, 2007 /s/ Robert L. Miller, Jr.
Chief Judge United States District Court
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APPENDIX A
RELEASE
In consideration of the payment to me by Eagle Contracting, Inc. of $30,000.00 (less any applicable taxes or withholdings), and in consideration of the Consent Decree agreed to by the Equal Employment Opportunity Commission and Eagle Contracting, Inc. in Civil Action No. 1:06-CV-00326-RLM-RBC, entered by the Court on the _______ day of _____________, 2007, of which this Release is a part, I, Brenda Gill, hereby fully and forever release and discharge Eagle Contracting, Inc., its successors and assigns, including its present and former directors, officers, employees and agents, from any claim or obligation based on the claim that Eagle Contracting, Inc. terminated my employment due to my pregnancy in violation of Title VII, as raised in Civil Action No. 1:06-CV-00326-RLM-RBC.
I agree that I will be solely and individually responsible for paying any and all taxes (including FICA or otherwise) which may be due and owing, if any, as a result of Defendant's payment of the sum set forth above. I acknowledge that I have not relied on any representations made by Defendant or the EEOC relating in any way to the tax treatment of the payments pursuant to this agreement.
I have read this Release and I execute it voluntarily, without coercion or threat of reprisal.
IN WITNESS WHEREOF, this Release is signed and executed by me on the _______ day of _______________, 2007.
______________________________ Brenda Gill

County of

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State of

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Subscribed and sworn to before me this ______ day of ____________, 2007.

_____________________________ Notary Public

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APPENDIX B
EMPLOYEE NOTICE
NOTICE OF NON-DISCRIMINATION POLICY
Federal law requires that there be no discrimination against any employee or applicant for employment because of the employee's race, color, religion, sex, national origin, age (over 40) or disability.
Federal law also prohibits discrimination in the workplace against employees because of their pregnancy. More specifically, pregnancy is not a factor to be considered in any employment decision.
Eagle Contracting, Inc. supports and will comply with such Federal law in all respects and will not take any actions against employees because they have exercised their rights, reported an alleged violation under the law or have given testimony, assistance or participation in any investigation, proceeding or hearing conducted by the U. S. Equal Employment Opportunity Commission.
An employee has the right, and is encouraged to exercise that right, to report allegations of employment discrimination in the workplace. An employee may contact the U. S. Equal Employment Opportunity Commission for the purpose of filing a charge of employment discrimination.
Questions concerning this notice may be addressed to:
Equal Employment Opportunity Commission 101 W. Ohio St., Suite 1900
Indianapolis, Indiana 46204-4203 Telephone: (317) 226-7212 EEOC 800 # 1-800-669-4000 TDD (317) 226-4162
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CASREF, TERMED
U.S. District Court Northern District of Indiana [LIVE] USDC Northern Indiana (Fort Wayne)
CIVIL DOCKET FOR CASE #: 1:06-cv-00326-RLM-RBC

Equal Employment Opportunity Commission v. Eagle Contracting Inc Assigned to: Judge Robert L Miller Jr Referred to: Magistrate Judge Roger B Cosbey Cause: 42:2000e Job Discrimination (Employment)

Date Filed: 09/27/2006 Date Terminated: 02/21/2007 Jury Demand: Both Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

Mediator C Erik Chickedantz

Plaintiff
Equal Employment Opportunity Commission

represented by Jo Ann Farnsworth Equal Employment Opportunity Commission - Ind/IN 101 W Ohio Street Suite 1900 Indianapolis, IN 46204-4203 317-226-7949 Fax: 317-226-5571 Email: joann.farnsworth@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Intervenor Plaintiff Plaintiff Brenda Gill

represented by Christopher C Myers Christopher C Myers & Associates 809 S Calhoun Street Suite 400 Fort Wayne, IN 46802 260-424-0600 Fax: 260-424-0712 Email: cmyers@myers-law.com ATTORNEY TO BE NOTICED

V. Defendant Eagle Contracting Inc

represented by Anthony M Stites Barrett & McNagny LLP 215 E Berry Street PO Box 2263 Fort Wayne, IN 46801-2263 260-423-8860 Fax: 260-423-8920

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Email: ams@barrettlaw.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed 09/26/2006
09/26/2006 09/26/2006 10/11/2006
10/23/2006 10/23/2006 10/23/2006
10/23/2006 10/30/2006 10/30/2006 10/31/2006 11/20/2006 12/01/2006 12/01/2006
12/04/2006

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Docket Text

1 COMPLAINT with jury demand against Eagle Contracting Inc, filed by Equal Employment Opportunity Commission. (Attachments: # 1 Civil Cover Sheet)(lrm) (Entered: 09/27/2006)
2 NOTICE of Appearance by Jo Ann Farnsworth on behalf of Equal Employment Opportunity Commission (lrm) (Entered: 09/27/2006)
3 Summons Issued as to Eagle Contracting Inc. (lrm) (Entered: 09/27/2006)
4 SUMMONS Returned Executed by Equal Employment Opportunity Commission as to Eagle Contracting Inc. Eagle Contracting Inc served on 10/4/2006, answer due 10/24/2006 (Farnsworth, Jo Ann) (Entered: 10/11/2006)
5 NOTICE of Appearance by Anthony M Stites on behalf of Eagle Contracting Inc (Stites, Anthony) (Entered: 10/23/2006)
6 Affirmative Defenses, ANSWER to Complaint with Jury Demand by Eagle Contracting Inc.(Stites, Anthony) (Entered: 10/23/2006)
7 NOTICE of Hearing: Rule 16 Preliminary Pretrial Conference set for 12/5/2006 10:30 AM in Fort Wayne before Magistrate Judge Roger B Cosbey. (wsy) (Entered: 10/23/2006)
8 MAGISTRATE JUDGE CONSENT FORMS sent to all parties (Standard Track). (wsy) (Entered: 10/23/2006)
9 CORPORATE DISCLOSURE STATEMENT by Eagle Contracting Inc. (Stites, Anthony) (Entered: 10/30/2006)
10 CERTIFICATE of Attorney, Client Certification. (Stites, Anthony) (Entered: 10/30/2006)
11 CERTIFICATE of Attorney regarding Client Certification. (Farnsworth, Jo Ann) (Entered: 10/31/2006)
12 REPORT of Rule 26(f) Planning Meeting. (Farnsworth, Jo Ann) (Entered: 11/20/2006)
13 MOTION to Intervene by Movant, by Brenda Gill. (Myers, Christopher) (Entered: 12/01/2006)
14 ORDER GRANTING 13 MOTION to Intervene by Movant by Brenda Gill. Brenda Gill is hereby an intervening party to this case. Signed by Judge Roger B Cosbey on 12/01/06. (cer) (Entered: 12/01/2006)
15 ORDER: On the Court's own motion, the Rule 16 Preliminary Pretrial Conference is reset from 12/5/06 to 12/13/2006 at 10:00 AM in Fort Wayne before Magistrate Judge Roger B Cosbey. No written order to issue. Cosbey,

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12/05/2006 12/08/2006 12/13/2006
12/13/2006 12/21/2006 02/20/2007 02/21/2007

Magistrate Judge. (wsy) (Entered: 12/04/2006)
16 AMENDED DOCUMENT by Brenda Gill. Amendment to 12 Report of Rule 26(f) Planning Meeting. (Myers, Christopher) (Entered: 12/05/2006)
17 CERTIFICATE of attorney and client regarding ADR, costs and fees. (Myers, Christopher) (Entered: 12/08/2006)
18 RULE 16 PRELIMINARY PRETRIAL CONFERENCE held on 12/13/2006 before Judge Roger B Cosbey. Pla appeared by atty J. Farnsworth. Dft appeared by atty A. Stites. The Report of the Parties Planning Meetingis approved in all respects (except for the deadline for dispositve motions and the establishment of a trial date) and is hereby made an order of hte Court. Following the close of discovery, and unless otherwise ordered by the Court, the assigned District Judge will establish all further deadlines and dates. Erik Chickedantz appointed as mediator. Results of the mediation shall be filed with the court no later than 10 days before the final pretrial conference. Ms. Farnsworth to notify the mediator by letter with a copy to other counsel. Discovery deadline is 8/1/2007. (Tape #100) (wsy) (Entered: 12/13/2006)
19 ORDER: Settlement Conference set for 12/21/2006 09:00 AM in Fort Wayne before Magistrate Judge Roger B Cosbey.Signed by Judge Roger B Cosbey on 12/13/06. (wsy) (Entered: 12/13/2006)
20 SETTLEMENT CONFERENCE held on 12/21/2006 before Judge Roger B Cosbey. Pla appeared by atty J. Farnsworth, C. Myers. Dft appeared by atty A. Stites. Matter resolved. (wsy) (Entered: 12/21/2006)
21 Joint MOTION for Settlement for Entry of Consent Decree by Plaintiff Equal Employment Opportunity Commission. (Farnsworth, Jo Ann) (Entered: 02/20/2007)
22 CONSENT JUDGMENT in favor of Plaintiff/Intervenor Brenda Gill and against Defendant Eagle Contracting Inc in the amount of $30,000.00 with interest at the rate of 5.07%. Signed by Judge Robert L Miller Jr on 2/21/07. (cer) (Entered: 02/22/2007)

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