IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION

JUDGE JOHN W DARRAH

UNITED STATES EQUAL EMPI,OYMENT

)

OPPORTUNITY COMMISSION,

)

MAGISTRATE J~DGE SCHENKIER

Plaintiff,

FIRST HEALTH GROUP CORPORATION, Defendant.

COMPLAINT JURY TRIAL DEMAND

N_.~ATURE OF THE ACTION

~01t 1

This is an action under the Age Discrimination in Employmem Act (the "ADEA") to 0 2004

correct unlawful employment practices on the basis of retaliation, and to provide appropriate relief to John T. Saldok ("Saldok") who was adversely affected by such practices. As alleged in paragraph seven (7) below, Defend;mr First Health Group Corporation discriminated against Saldok by retaliating against him f¢,r filing a Charge of Discrimination under the ADEA with the United States Equal Employment Opportunity Commission (the "Commission").
JURISDICTION AND, VE_NUE 1. Jurisdiction of this Court is invoked pursuant to 28 U.S.C. §§ 451, 1331, 1337,
1343 and 1345. This action is au~orized and instituted pursuant to Section 7(b) of the Age
Discrimination in Employment Act of 1967, as amended, 29 U.S.C. § 626(b), which incorporates by reference Sections 16(c) and 17 of the Fair Labor Standards Act of 1938 (the "FLSA"), as

amended, 29 U.S.C. §§ 216(e) and 217. The employment practices alleged to be unlawful were committed within the

jurisdiction of the United States Dis~ ct Court for the Northern District of Illinois, Eastern Division.
PARTIES 3. Plaintiff, the Equal Employment Opportunity Commission, is the agency of the United States charged with the administration, interpretation and enforcement of the ADEA and is expressly authorized to bring this action by Section 7Co) of the ADEA, 29 U.S.C. § 626Co), as amended by Section 2 of Reorganiza~:ion Plan No. l of 1978, 92 Star. 3781, and by Public Law 98-532 (1984), 98 Stat. 2705. 4. At all relevant times, Defendant First Health Group Corporation has continuously been doing business in the State of Illinois and has continuously had at least 20 employees. 5. At all relevant times, Defendant First Health Group Corporation has continuously been an employer engaged in an ind~Jstry affecting commerce within the meaning of Sections 11Co), (g), and (h) of the ADEA, 29 U.S.C. §§ 630(b), (g), and (h).
CONCILIATION 6. Prior to institution o1’ this lawsuit, the Commission’s representatives attempted to eliminate the unlawful employment practices alleged below and to effect voluntary compliance with the ADEA through informal m.ethods of conciliation, conference and persuasion within the meaning of Section 7(b) of the ADEA, 29 U.S.C. § 626(b).
S_TATEMENT OF CLAIMS 7. Since at least March 2003, the Defendant First Health Group Corporation has engaged in unlawful employment g.ractices at its place ofbusiness~ in Downers Grove, IL, in violation of Section 4(d) of the AI)EA, 29 U.S.C. § 623(d). The practices involve retaliating
-2-

against Saidok for filing a Char~:e of Discrimination under the ADEA with the Commission (which Charge appeared to have been successfully resolved through the Commissioa’s voluntary mediation program).
8. The effect of the practices complained of in paragraph 7 above has been to deprive Saldok of equal employment opportunities and otherwise adversely affect his status as an employee, because of his participation in conduct protected by the ADEA.
9. The unlawful eml:,loyment practices complained of in paragraph 7 above were willful within the meaning of Se~:tion 7(b) of the ADEA, 29 U.S.C. § 626(b).
10. The unlawful employment practices Complained of in paragraph 7 above were intentional.
11. The unlawfifl employraent practices complained of in paragraph 7 above were done with malice or with reckless indifference to Saldok’s federally protected rights.
PRAYER FOR RELIEF Wherefore, the Commission respectfully requests that this Court: A. Grant a permanent injunction enjoining Defendant First Health Group Corporation, its officers, successo:.’s, assigns, and all persons in active concert or participation with it, from engaging in any empJ oyment practice which retaliates against employees for their participation in conduct protected by the ADEA; B. Order Defendant First Health Group Corporation to institute and carry out policies, practices, and programs which provide equal employment opportunities for employees who participate in conduct protecWd by the ADEA, and which eradicate the effects of its past and present unlawful employment practices;
-3-

C. Grant a judgment requiring Defendant First Health Group Corporation to pay appropriate back wages in an mount to be determined at trial, an equal sum as liquidated damages with prejudgment irterest to Saldok whose wages are being unlawfully withheld as a result of the acts complained of above;
D. Order Defendant First Health Group Corporation to make whole Saldok for his participation in conduct prote~:ted by the ADEA, by providing the afftrmafive relief necessary to eradicate the effects of its unlawful practices, including, but not limited to, frontpay;
E. Order Defendartt First Health Group Corporation to make whole Saldok for his participation in conduct protected by the ADEA by providing compensation for past and future non-pecuniary losses resulting 5"om the uaiaw~ practices complained of in paragraph 7 above, including emotional pain, suffeJing, humiliation, inconvenience, and loss of enjoyment of life, in amounts to be determined at trkd;
F. Order Defendant First Health Group Corporation to make whole Saldok for his participation in conduct protected by the ADEA by providing compensation for past and future pecuniary losses resulting from the unlawfifl practices complained of in paragraph 7 above, including, but not limited to, relocation and job search expenses, in amounts to determined at
Grant such further relief as the Court deems necessary and propeT in the public interest;
H. Award the Commi.,:sioa its costs of this action. JURY TRIAL DEMAND
The Commission requests a jury trial on all questions of fact raised by its Complaint.
-4-

Respectfully submitted, ERIC S. DREIBAND General Counsel JAMES LEE Deputy General Counsel GWENDOLYN YOUNG REAMS Associate General Counsel EQUAL EMPLOYMENT OPPORTUNITY
Aaron 1L DeCamp Trial Attorney EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 500 West Madison Street Suite 2800 Chicago, Illinois 60661 (312) 353-7526
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Civil Cover Sheet

Civil Cover SheeO 4 C 7 2 6 0
This automated JS-44 conforms generally t¢ the manual JS-44 approved by the Judicial Conference of the United States in September 1974. The data is required for the use of the Clerk of Court for the purpose of initiating the civil docket sheet_ The information contained herein neither replaces nor supplements the filing and service of pleadings or other papers as requirexl by law. This form is authorized for use on_aJy_l in the Northern District of Illinois.

Plaintiff(s): U.S. EQUAL EMPLOYMENT

Defendant(s):FIRST HEALTH

OPPORTUNITY COMMISSION

CORPORATION

GROU~

County of Residence: Plaintiffs Arty: Aaron R. DeCamp

County of Residence: Defendant’s Arty:

tv°V o eoo

Equal Empoyment Opportunity

Commission

500 W. Madison, Suite 2800

Chicago, IL 60661

312-353-7582

II. Basis of Jurisdiction: 1. U.S. Gov’t Plaintiff

III. Citizenship of Principal Parties (Diversity Cases Only)
Plaintiff:- N/A Defendant:-

IV. Origin"

1. Original Proceeding

V. Nature of Suit:

442 Employment

VI.Cause of Action:

Under Age Discrimination in Employment Act ("the ADEA") to orrect unlawful employment practices on the basis of retafiafion.

VII. Requested in Complaint

Class Aetion:

Dollar Demand:

Jury Demand: Yes

VIII. This case I,~NOT a refiling of a previously dismissed case.

Signature:
Date:
If any of this infotmatioa is incorre~ please go bae to the Civil Cover Sheet Input fo~ ~ing ~ B~ burn ~ yore brow~r ~ c~e it ~~,

http ://www;ilnd.uscourts. gov/PUBLIC,~Forms/auto._j s44.cfrn

11/9/2004

In the Matter of

UNITED STATES DISTRICT COURT

NO V I 0 2004

NORTHERN DISTRICT OF ILLINOI~DGE JOHN W DARRAI-t

EASTERN DIVISION

U.S. Equal Employment Oppornmity Co~rLmission

First Health Group Corporation

7260

APFEARANCES ARE HEREBY FILED BY THE UNDERSIGNED AS A’rFoRNEY(S) FOR:

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

o~

(A)

Aaron R. DeCamp

Equal Employment Opportunity Commission

500 W. Madison, Suite 2800
.i.

ic ~rrY/$T~,TE/Z~ Chicago, IL 60661

TELEPHONE NT_IM~ ER
[ 312~353-7582

FAX NDMBI~R .
312-353-8555

1~ ~CATION NUM~ (S~ ~E~4 ON ~)
I .AKDCNo. 06282725
i

Diane I. Smason ~-~ Equal Employment Opportunity Commission
500 W. Madison, Suite 2800 c~A~ Chicago, IL 60661

TELEPHONE T,,IL~mE.R
312-353-7526
E-MAIL ADDRF~$
mam~c^no~ ~duma (sr~ rrru~ 4 oN ARDC No. 06226130

FAX
312-353-8555

n~V,L,aVo~v~/]

~ [] ~o []

DF.~IG~IATE D AS LOCAL COUNSI~.?
,~IGNA’I’L~.E NAME FIRM

(D)

/312-353-8551

FAX NLWIB~Jt
312-353-8555

F-.-I~ ADD R.E~ $ I
IDE~FICATION NUMBER (SEE ITEM 4 ON I;LEVERSE)
ARDCNo. 01187589
MEMBER OF "IRL4J. BAn..?

_. __

DESIGNATED AS LOCAL COL~S f,L.?

"~L,EI’HON E NI..~,m.F.&

FAX NLICdlER

IDI~TIFi C.ATION ~VIJM.[]~. (SE,~ ~ 4 ON II~VEP.~ E) MEMBER OF "I’RIAL BAR?
DI~GNATED A~ ~ COUNSel-?

 
 Mv RECEIVED

IN THE UNITED STATES DISTRICT COURT r", FOR THE NORTHERN DISTRICT OF ILLINOIS ' L h ~ ::: Llj{))
EASTERN DIVISION
C MICHAEL 'd. D088'IIIS LERK. U.S. DISTRICT COURT

EQUAL EMPLOYMENT OPPORTUNITY )

COMMISSION,

)

)

Plaintiff,

)

)

v.

)

)

)

FIRST HEALTH GROUP CORPORATION, )

)

Defendant.

)

)

CIVIL ACTION NO. 04 C 7260 FIRST AMENDED COMPLAINT JURY TRIAL DEMAND

NATURE OF THE ACTION

This is an action under the Age Discrimination in Employment Act (the "ADEA") to

correct unlawful employment practices on the basis of retaliation, and to provide appropriate

relief to John T. Saldok ("Saldok") who was adversely affected by such practices. As alleged in

paragraph seven (7) below, Defendant First Health Group Corporation discriminated against

Saldok by retaliating against him for filing a Charge of Discrimination under the ADEA with the

United States Equal Employment Opportunity Commission (the "Commission").

JURISDICTION AND VENUE

l. 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 7(b) of the Age

Discrimination in Employment Act of 1967, as amended, 29 U.S.C. § 626(b), which incorporates

by reference Sections 16(c) and 17 of the Fair Labor Standards Act of 1938 (the "FLSA"), as

amended, 29 U.S.c. §§ 216(c) and 217.

2. The employment practices alleged to be unlawful were committed within the

jurisdiction of the United States District Court for the Northern District of Illinois, Eastern

Division.

PARTIES

3. Plaintiff, the Equal Employment Opportunity Commission, is the agency of the

United States charge,; with the administration, interpretation and enforcement ofthe ADEA and

is expressly authorized to bring this action by Section 7(b) of the ADEA, 29 U.S.c. § 626(b), as

amended by Section 2 of Reorganization Plan No.1 of 1978,92 Stat. 3781, and by Public Law

98-532 (1984), 98 Stat. 2705.

4. At all relevant times, Defendant First Health Group Corporation has continuously

been doing business in the State of Illinois and has continuously had at least 20 employees.

5. At all relevant times, Defendant First Health Group Corporation has continuously

been an employer engaged in an industry affecting commerce within the meaning of Sections

ll(b), (g), and (h) of the ADEA, 29 U.S.C. §§ 630(b), (g), and (h).

CONCILIATION

6. Prior to institution ofthis lawsuit, the Commission's representatives attempted to

eliminate the unlawful employment practices alleged below and to effect voluntary compliance

with the ADEA through informal methods of conciliation, conference and persuasion within the

meaning of Section 7(b) of the ADEA, 29 U.S.C. § 626(b).

STATEMENT OF CLAIMS

7.

Since at least March 2003, the Defendant First Health Group Corporation has

engaged in unlawful employment practices at its place of business, in Downers Grove, IL, in

violation of Section 4(d) of the ADEA, 29 U.S.C. § 623(d). The practices involve retaliating

-2-

against Saldok for filing a Charge of Discrimination under the ADEA with the Commission (which Charge appeared to have been successfully resolved through the Commission's voluntary mediation program).
8. The effect of the practices complained of in paragraph 7 above has been to deprive Saldok of equal employment opportunities and otherwise adversely affect his status as an employee, because of his participation in conduct protected by the ADEA.
9. The unlawful employment practices complained of in paragraph 7 above were willful within the meaning of Section 7(b) of the ADEA, 29 U.S.C. § 626(b).
10. The unlawful employment practices complained of in paragraph 7 above were intentional.
11. The unlawful employment practices complained of in paragraph 7 above were done with malice or with reckless indifference to Saldok's federally protected rights.
PRAYER FOR RELIEF Wherefore, the Commission respectfully requests that this Court: A. Grant a permanent injunction enjoining Defendant First Health Group Corporation, its officers, successors, assigns, and all persons in active concert or participation with it, from engaging in any employment practice which retaliates against employees for their participation in conduct protected by the ADEA; B. Order Defendant First Health Group Corporation to institute and carry out policies, practices, and programs which provide equal employment opportunities for employees who participate in conduct protected by the ADEA, and which eradicate the effects of its past and present unlawful employment practices;
-3-

C. Grant a judgment requiring Defendant First Health Group Corporation to pay appropriate back wages in an amount to be determined at trial, an equal sum as liquidated damages with prejudgment interest to Saldok whose wages are being unlawfully withheld as a result of the acts complained of above;
D. Order Defendant First Health Group Corporation to make whole Saldok for his participation in conduct protected by the ADEA, by providing the affirmative relief necessary to eradicate the effects of its unlawful practices, including, but not limited to, frontpay;
E. Order Defendant First Health Group Corporation to make whole Saldok for his participation in conduct protected by the ADEA by providing compensation for past and future non-pecuniary losses resulting from the unlawful practices complained of in paragraph 7 above, including emotional pain, suffering, humiliation, inconvenience, and loss of enjoyment of life, in amounts to be determined at trial;
F. Order Defendant First Health Group Corporation to make whole Saldok for his participation in conduct protected by the ADEA by providing compensation for past and future pecuniary losses resulting from the unlawful practices complained of in paragraph 7 above, including, but not limited to, relocation and job search expenses, in amounts to determined at trial;
G. Order Defendant First Health Group Corporation to pay punitive damages for its malicious and reckless conduct described in paragraph 7 above, in amounts to be determined at trial.
H. Grant such further relief as the Court deems necessary and proper in the public interest;
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I.

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,
ERIC S. DREIBAND General Counsel
JAMES LEE Deputy General Counsel
GWENDOLYN YOUNG REAMS Associate General Counsel
EQUAL EMPLOYMENT OPPORTUNITY COMM ION 1801 "]t'j'~~

Diane I. Smason

Supervisory Trial Attorney

~/~~G.,;'c:::....::.-_9-~;.>·~ ~~)~ZC=:-~~

.IAaron R. DeCamp

~

Trial Attorney

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
500 West Madison Street Suite 2800 Chicago, Illinois 60661 (312) 353-7526

-5-

 
 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Plaintiff,
v. FIRST HEALTH GROUP CORPORATION,
Defendant.

)

)

)

)

)

)

Case No. 04C 7260

)

)

)

Judge Darrah

)

Magistrate Judge Schenkier

)

)

CONSENT DECREE THE LITIGATION
I. Plaintiff Equal Employment Opportunity Commission ("EEOC") filed this action alleging that Defendant First Health Group Corp. ("First Health") violated the Age Discrimination in Employment Act of 1967 (the "ADEA"), 29 U.S.C. § 621 et seq., by retaliating against John Saldok ("Saldok" or "Charging Party") for filing a charge of discrimination under the ADEA. First Health filed an answer denying these allegations.
2. In the interest of resolving this matter, and as a result of having engaged in comprehensive settlement negotiations, the parties have agreed that this action should be finally resolved by entry of this Consent Decree (hereafter "Decree").
3. This Decree fully and finally resolves any and all issues and claims arising out of the Complaint filed by EEOC. Nothing in this Consent Decree shall be deemed to constitute an admission by either party with respect to the claims or defenses of the other.

FINDINGS 4. Having carefully examined the tenns and provisions of this Decree, and based on the pleadings, record, and stipulations of the parties, the Court finds the following:
a. This Court has jurisdiction of the subject matter of this action and of the parties.
b. The tenns of this Decree are adequate, fair, reasonable, equitable, and just. The rights of EEOC, First Health, the Charging Party and the public interest are adequately protected by this Decree.
c. This Decree confonns with the Federal Rules of Civil Procedure, the ADEA and is not in derogation of the rights or privileges of any person. The entry of this Decree will further the objectives of the ADEA and will be in the best interests of the parties, the Charging Party, and the pUblic.
NOW, THEREFORE, IT IS ORDERED, ADJUDGED AND DECREED THAT: NON-RETALIATION
5. First Health, its officers, agents, employees, successors, assigns and all persons acting in concert with it shall not engage in any fonn of retaliation against any person because such person has opposed any practice made unlawful under the ADEA, filed a Charge of Discrimination under the ADEA, mediated a Charge of Discrimination under the ADEA, testified or participated in any manner in any investigation, proceeding, or hearing under the ADEA, or asserted any rights under this Decree.
-2-

MONETARY RELIEF 6. First Health shall pay $122,500 to the Charging Party, Mr. John Saldok, in full settlement of this case. 7. Within five (5) business days after entry of this Decree, EEOC will mail to the Charging Party a copy ofthe Release Agreement attached as Exhibit A. Within five (5) business days after receipt by EEOC of a signed Release Agreement, EEOC shall mail the Release Agreement to First Health. Within five (5) business days after receipt by Defendant of a signed Release Agreement, First Health shall issue and mail by certified mail to the Charging Party a check in the amount set forth above in ~ 6. EEOC shall provide Defendant with the current address for the Charging Party. Defendant will also send a copy of the check to EEOC.
POSTING OF NOTICE 8 Within ten (10) business days after entry of this Decree, First Health shall post copies of the Notice attached as Exhibit B to this Decree at its Downers Grove facility on the bulletin boards usually used by First Health for communicating with its employees. The Notice shall remain posted for two (2) years from the date of entry of this Decree. First Health shall take all reasonable steps to ensure that the posting is not altered, defaced or covered by any other material. First Health shall certify to EEOC in writing within ten (10) business days after entry of the Decree that the Notice has been properly posted. First Health shall permit a representative of EEOC to enter First Health's premises for purposes of verifying compliance with this Paragraph at any time during normal business hours without prior notice.
-3-

RECORD KEEPING

9.

First Health shall maintain and make available for inspection and copying by

EEOC, for a period of two (2) years following entry of this Decree, records (including names,

social security numbers, addresses, and telephone numbers) of each employee at its Downers

Grove facility who complains of retaliation.

10. First Health shall make all documents or records referred to in Paragraph 9 above

available for inspection and copying within ten (10) business days after EEOC so requests. In

addition, First Health shall require personnel within its employ whom EEOC reasonably requests

for purposes of verifying compliance with this Decree to cooperate with EEOC and to be

interviewed.

REPORTING

II. First Health shall furnish to EEOC the following written reports semi-annually for

a period of two (2) years following entry of this Decree. The first report shall be due six (6)

months after entry of the Decree. The final report shall be due twenty-three (23) months after

entry of the Decree. Each such report shall contain:

(a) A summary of the information recorded by First Health pursuant to Paragraph 9;

(b) A certification by First Health that the Notice required to be posted in Paragraph

8, above, remained posted during the entire six (6) month period preceding the report.

ADOPTION AND DISTRIBUTION OF POLICY AGAINST RETALIATION
12. First Health has adopted a new employee handbook effective July I, 2005, which includes a policy against retaliation. Copies of the policy against retaliation will be provided via
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------_._-------_._----
First Health's intranet to employees at the time that they start work for First Health. Every employee is required to sign an acknowledgment form indicating that they have read and understand First Health's handbook.
The inclusion of this paragraph in the Decree does not represent EEOC's or the Court's approval of First Health's anti-retaliation policy.
TRAINING 13. During the first year of this Decree, all of First Health's supervisory and managerial employees located at its Downers Grove facility shall participate in a training session performed by a Human Resources representative from First Health regarding retaliation. All current Human Resources employees at First Health shall also participate in such training, and any new Human Resources employee shall receive such training prior to starting work. A registry of attendance shall be maintained. The first training shall take place within one hundred eighty (180) days of entry of this Decree. 14. First Health shall obtain EEOC's approval of its proposed trainer prior to the training session. First Health shall submit the name, address, telephone number, resume and training proposal ofthe proposed trainer, including all proposed training materials, to EEOC at least fifteen (15) business days prior to the proposed date(s) of the training. EEOC shall have five (5) business days from the date of receipt of the information described above to accept or reject the proposed trainer. In the event EEOC does not approve First Health's designated trainer, First Health shall have five (5) business days to identify an alternate trainer. EEOC shall have five (5) business days from the date of receipt of the information described above to accept or reject the alternate trainer. If the parties cannot through this process agree on a trainer, then
-5-

they may seek the Court's assistance under ~ 16. 15. First Health shall certify to EEOC in writing within five (5) business days after all
of the training has occurred that the training has taken place and that the required personnel have attended. Such certification shall include: (i) the date, location and duration of the training; and (ii) a copy of the registry of attendance, which shall include the name and position of each person in attendance. At the same time that the certification is provided, First Health will also provide EEOC with any and all copies of pamphlets, brochures, outlines or other written material(s) provided to the participants of the training session(s).
DISPUTE RESOLUTION 16. In the event that either party to this Decree believes that the other party has failed to comply with any provision(s) of the Decree, the complaining party shall notify the other party of the alleged non-compliance and shall afford the alleged non-complying party ten (10) business days to remedy the non-compliance or to satisfy the complaining party that the alleged noncomplying party has complied. If the alleged non-complying party has not remedied the alleged non-compliance or satisfied the complaining party that it has complied within ten (10) business days, the complaining party may apply to the Court for appropriate relief.
DURATION OF THE DECREE AND RETENTION OF JURISDICTION 17. All provisions of this Decree shall be in effect (and the Court will retain jurisdiction of this matter to enforce this Decree) for a period of two (2) years immediately following entry of the Decree, provided, however, that if, at the end of the two (2) year period, any disputes under Paragraph 16, above, remain unresolved, the term of the Decree shall be automatically extended (and the Court will retain jurisdiction of this matter to enforce the
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Decree) until such time as all such disputes have been resolved. MISCELLANEOUS PROVISIONS
18. Each party to this Decree shall bear its own expenses, attorney's fees and costs. 19. The terms of this Decree are and shall be binding upon the present and future representatives, agents, directors, officers, assigns, and successors of First Health. 20. When this Decree requires the submission by First Health of reports, certifications, notices, or other materials to EEOC, they shall be mailed to: First Health ADEA Settlement, Equal Employment Opportunity Commission, 500 West Madison Street, Suite 2800, Chicago, Illinois, 60661. When this Decree requires submission by EEOC of materials to First Health, they shall be mailed to: Margaret F. Woulfe, Davis McGrath LLC, 125 South Wacker Drive, Suite 1700, Chicago, Illinois 60606.
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ENTERED AND APPROVED FOR:
For the EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 1801 L Street, N.W. Washington, D.C. 20507

For First Health Davis McGrath LLC 125 South Wacker Drive, Suite 1700 Chicago, Illinois 60606

JAMES LEE Deputy General Counsel
GWENDOLYN YOUNG REAMS Associate General Counsel
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
500 West Madison Street Suite 2800

DIANE I. SMASON Supervisory Trial Attorney
ktG--~ R~ -¥- =-,,--- IAARON R. DECAMP
Trial Attorney
ENTER:. The Hojorable John W. Darrah
untIed States District Judge
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EXHIBIT A

RELEASE AGREEMENT I, John Saldok, for and in consideration of the sum of $122,500 payable to me pursuant to the terms ofthe Consent Decree entered by the Court in EEOC v. First Health Group Corp, No. 04 C 7260 (N.D. Ill.), on behalf of myself, my heirs, assigns, executors, and agents, do hereby forever release, waive, remise, acquit, and discharge First Health Group Corp. ("First Health"), and all past and present shareholders, officers, agents, employees, and representatives of First Health, as well as all successors and assignees of First Health, from any and all claims and causes of action of any kind which I now have or ever have had under the Age Discrimination in Employment Act of 1967 (the "ADEA"), 29 U.S.C. § 621 et seq., as a result of or arising from the subject matter and claims which were or which could have been asserted in EEOC v. First Health Group Corp., No. 04 C 7260 (N.D. Ill.).

Date

Signature

EXHIBITB

NOTICE TO ALL EMPLOYEES
This Notice is being posted pursuant to a Consent Decree entered by the federal court in EEOC v. First Health Group Corp., No. 04 C 7260, resolving a lawsuit filed by the Equal Employment Opportunity Commission ("EEOC") against First Health.
In its suit, EEOC alleged that First Health discriminated against an employee by retaliating against him for filing a charge of discrimination under the Age Discrimination in Employment Act ("ADEN') with EEOC. First Health filed an answer denying these allegations.
To resolve the case, First Health and EEOC have entered into a Consent Decree which provides, among other things, that:
I) First Health will compensate the employee who was the charging party.
2) First Health will not retaliate against any person because (s)he opposed any practice made unlawful by the ADEA, filed an ADEA charge of discrimination, participated in any ADEA proceeding, mediated an ADEA charge, or asserted any rights under the Consent Decree;
3) First Health has adopted and distributed to all employees a new Employee Handbook, effective July I, 2005, which contains a policy against retaliation and will train all its managers and Human Resource personnel at its Downers Grove facility regarding retaliation and its policy.
EEOC enforces the federal laws against discrimination in employment on the basis of race, color, religion, national origin, sex, age or disability. If you believe you have been discriminated against, you may contact EEOC at (312) 353-8195. EEOC charges no fees and has a TTD number.
THIS IS AN OFFICIAL NOTICE AND MUST NOT BE DEFACED BY ANYONE
This Notice must remain posted for two years from the date below and must not be altered, defaced or covered by any other material. Any questions about this Notice or compliance with its terms may be directed to: First Health Settlement, EEOC, 500 West Madison Street, Suite 2800, Chicago, IL 60661.

 
 CM/ECF LIVE, Ver 3.0 - U.S. District Court, Northern Illinois - Docket... https://ecf.ilnd.uscourts.gov/cgi-bin/DktRpt.pl?114086397858398-L_35...
CLOSED, SCHENKIER
United States District Court Northern District of Illinois - CM/ECF LIVE, Ver 3.0 (Chicago)
CIVIL DOCKET FOR CASE #: 1:04-cv-07260

EEOC v. 1st Hlth Grp Corp Assigned to: Hon. John W. Darrah Demand: $0 Cause: 42:2000e Job Discrimination (Employment)

Date Filed: 11/10/2004 Date Terminated: 11/10/2005 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

Plaintiff
United States Equal Employment Opportunity Commission

represented by Aaron R. DeCamp Equal Employment Opportunity Commission 500 W. Madison Street 2800 Chicago, IL 60661 (312)353-7582 Email: aaron.decamp@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Diane Ilene Smason United States Equal Employment Opportunity Commission 500 West Madison Street Suite 2800 Chicago, IL 60661 (312) 353-7568 Email: diane.smason@eeoc.gov ATTORNEY TO BE NOTICED

John C. Hendrickson United States Equal Employment Opportunity Commission 500 West Madison Street Suite 2800 Chicago, IL 60661 (312) 353-8551 Fax: (312) 353-8555 Email: john.hendrickson@eeoc.gov ATTORNEY TO BE NOTICED

V. Defendant

1 of 4

6/4/2007 2:39 PM

CM/ECF LIVE, Ver 3.0 - U.S. District Court, Northern Illinois - Docket... https://ecf.ilnd.uscourts.gov/cgi-bin/DktRpt.pl?114086397858398-L_35...

First Health Group Corp

represented by Margaret F. Woulfe Davis, Mannix & McGrath 125 South Wacker Drive Suite 1700 Chicago, IL 60606 (312) 332-3033 Email: mwoulfe@davismcgrath.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Champ W. Davis, Jr. Davis, Mannix & McGrath 125 South Wacker Drive Suite 1700 Chicago, IL 60606 (312) 332-3033 Email: cdavis@davismcgrath.com ATTORNEY TO BE NOTICED

Date Filed 11/10/2004
11/19/2004 12/10/2004 01/07/2005 01/07/2005 01/26/2005
02/22/2005
02/22/2005

#

Docket Text

1 COMPLAINT; jury demand - Civil cover sheet - Appearance(s) of John C. Hendrickson, Diane Ilene Smason, Aaron R. DeCamp as attorney(s) for plaintiff ( No summons(es) issued.) (Documents: (1-1 through 1-3)) (ntf) (Entered: 11/10/2004)
SCHEDULE set on 11/19/04 by Hon. John W. Darrah : Status hearing set for 1/26/05 at 9:00 a.m. Mailed notice (maf) (Entered: 11/19/2004)
2 WAIVER of service of summons as to defendant sent on 11/10/04 (ntf) (Entered: 12/13/2004)
3 ATTORNEY APPEARANCE for defendant by Margaret F. Woulfe, Champ W. Davis Jr. (ntf) (Entered: 01/10/2005)
4 ANSWER and affirmative defenses by defendant complaint [1-1]; Notice. (ntf) (Entered: 01/10/2005)
5 MINUTE entry before Judge John W. Darrah : Status hearing held. Parties are directed to exchange Rule 26(a)(1) disclosures by 02/23/05. Discovery ordered closed on 10/24/2005. Pretrial Conference set for 1/25/2006 at 01:30 PM. Jury Trial set for 1/30/2006 at 09:00 AM. Docketing to mail notices. (ntf, ) (Entered: 01/27/2005)
6 MOTION by Plaintiff United States Equal Employment Opportunity Commission for leave to file first amended complaint and to file amended complaint, instanter (Attachments: # 1 Amended Complaint)(gma, ) (Entered: 02/23/2005)
7 NOTICE of Motion by Aaron R. DeCamp for presentment of MOTION by Plaintiff United States Equal Employment Opportunity Commission for leave to

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02/23/2005 03/28/2005 08/19/2005 08/19/2005 08/30/2005 10/20/2005 10/20/2005 10/24/2005 11/03/2005
11/03/2005 11/10/2005 11/10/2005

file first amended complaint and to file amended complaint, instanter 6 before Honorable John W. Darrah on 3/1/2005 at 09:00 AM. (gma, ) (Entered: 02/23/2005)
8 MINUTE entry before Judge John W. Darrah : Plaintiff's motion for leave to file first amended complaint and to file amended complaint, instanter 6 is granted. Mailed notice (ntf, ) (Entered: 02/24/2005)
9 ANSWER by First Health Group Corp to Complaint; Notice.(ntf, ) (Entered: 03/29/2005)
10 JOINT MOTION by Plaintiff United States Equal Employment Opportunity Commission to stay discovery and set status hearing. (lcw, ) (Entered: 08/22/2005)
11 NOTICE of Motion by United States Equal Employment Opportunity Commission for presentment of motion for to stay discovery 10 before Honorable John W. Darrah on 9/8/2005 at 09:00 AM. (lcw, ) (Entered: 08/22/2005)
12 MINUTE entry before Judge John W. Darrah : Plaintiff's joint motion to stay discovery and set status hearing 10 is voluntarily withdrawn. Mailed notice (eav, ) (Entered: 08/31/2005)
13 MOTION by Plaintiff United States Equal Employment Opportunity Commission to stay Discovery (DeCamp, Aaron) (Entered: 10/20/2005)
14 NOTICE of Motion by Aaron R. DeCamp for presentment of motion to stay13 before Honorable John W. Darrah on 10/27/2005 at 09:00 AM. (DeCamp, Aaron) (Entered: 10/20/2005)
15 MINUTE entry before Judge John W. Darrah : Motion to stay discovery 13 is voluntarily withdrawn. Mailed notice (hp, ) (Entered: 10/25/2005)
16 MOTION by Plaintiff United States Equal Employment Opportunity Commission, Defendant First Health Group Corp to approve consent judgment (Attachments: # 1 Exhibit Consent Decree# 2 Exhibit A# 3 Exhibit B)(DeCamp, Aaron) (Entered: 11/03/2005)
17 NOTICE of Motion by Aaron R. DeCamp for presentment of motion to approve consent judgment16 before Honorable John W. Darrah on 11/10/2005 at 09:00 AM. (DeCamp, Aaron) (Entered: 11/03/2005)
18 MINUTE entry before Judge John W. Darrah : Joint motion for entry of consent decree 16 is granted. Enter Consent Decree. No notice (jmm, ) (Entered: 11/15/2005)
19 CONSENT DECREE Signed by Judge John W. Darrah on 11/10/2005.(jmm, ) (Entered: 11/15/2005)

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Client Code: eeoc

Description: Docket Report Search Criteria: 1:04-cv-07260

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 EEOC LITIGATION SETTLEMENT REPORT - November 2005

http://www.eeoc.gov/litigation/settlements/settlement11-05.html

EEOC v. First Health Group Corp. No. 04 C 7260 (N.D. Ill. Nov. 10, 2005)
The Chicago District Office filed this ADEA case alleging that defendant, a nationwide managed healthcare company headquartered in Downers Grove, Illinois, demoted and discharged charging party, a national accounts manager in the headquarters office, in retaliation for filing an age discrimination charge. Defendant had given charging party satisfactory performance reviews before he filed his discrimination charge, but fired him 9 months after resolving the charge through the Commission's mediation program. Several months after the mediation, defendant gave charging party a "does not meet expectations" rating on his performance review and placed him on a 90-day PIP. A week after the PIP concluded, charging party was demoted to senior account manager, and 3 months later he was discharged. Under the 2-year consent decree resolving this case, charging party will receive $122,500 in monetary relief. Defendant is prohibited from engaging in retaliation under the ADEA, and will train managers and human resources staff on retaliation. Defendant will provide copies of its policy against retaliation which is in an employee handbook recently distributed to current employees to all new employees via intranet at the time they start working for defendant.

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