•

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

EQUAL EMPLOYMENT OPPORTUNITY )

COMMISSION,

)

)

Plaintiff,

)

)

v.

)

)

COURTESY CORPORATION, and

)

)

CREATIVE PACKAGING CORP.

)

)

Defendants.

)

)

CIVIL ACTION NO.
02 0327
COMPLAINT JURY TRIAL DEMAND
JUDGE RONALD GUZMAN
MAGISTRATE JUDGS LSVIN

NATURE OF THE ACTION

This is an action under the Equal Pay Act of 1963 and Title VII of the Civil Rights Act of

1964, and Title I of the Civil Rights Act of 1991, to restrain the unlawful payment of wages to a

female employee at a rate less than the rate paid to a male employee, and to provide appropriate

relief due to the female employee as a result of such unlawful practices. The Commission alleges

that Courtesy Corporation ("Courtesy") and Creative Packaging, Corp. ("Creative Packaging"),

(collectively, "Defendants"), paid Dawn Weiner ("Weiner"), a female sales employee, at a wage rate

which was less than the rate paid to a male employee performing substantially equal work, and then

retaliated against her by terminating her when she complained of the unequal treatment.

JURISDICTION AND VENUE

I. 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 Sections 16(c) and 17 of the Fair

Labor Standards Act of 1938 (the nFLSAn), as amended, 29 U.S.C. §§ 216(c) and 217, to enforce

the requirements of the Equal Pay Act of 1963, codified as Section 6(d) of the FLSA, 29 U.S.C. §

206(d), and pursuant to Section 706(1)(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"). This action is also anthorized and instituted pursnant to Section 102 of Title I ofthe Civil Rights Act of 1991,42 U.S.C. § 1981a.
2. The employment practices alleged to be unlawful were and are now being committed within thejnrisdiction ofthe United States District Court for the Northern District ofIllinois, Eastern Division.
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 ofthe Equal Pay Act and Title VII, and is expressly authorized to bring this action by Sections 16(c) and 17 of the FLSA, 29 U.S.C. §§ 216(c) and 217, as amended by Section I of ReorganizationPlanNo. 1 ofl978, 92 Stat. 3781, and Public Law 98-532 (1984), 98 Stat. 2705; and by Section 706(f)(1) and (3) ofTitle VII, 42 U.S.C. § 2000e-5(f)(1)and (3) . 4. At all relevant times, Defendants have continuously been doing business in the State of Illinois and the City of Buffalo Grove, and have continuously had at least 15 employees. 5. At all relevant times, Defendants have continuously been employers 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). 6. At all relevant times, Defendants have acted directly or indirectly as employers in relation to employees and has continuously been employers within the meaning of Section 3(d) of the FLSA, 29 U.S.C. § 203(d). 7. At all relevant times, Defendants have continuously employed employees engaged
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in commerce or in the production of goods for commerce within the meaning of Sections 3(b), (i) and (j) of the FLSA, 29 U.S.C. §§ 203(b), (i) and (j), and have continuously been enterprises engaged in commerce or in the production of goods for commerce within the meaning of Sections 3(r) and (s) oftheFLSA, 29 U.S.C. §§ 203(r) and (s), in that said enterprises have continuously been enterprises whose annual gross volume of sales made or business done is not less than $500,000.
STATEMENT OF TITLE VII CLAIMS 8. More than thirty days prior to the institution of this lawsuit, Weiner filed a charge with the Commission alleging violations of Title VII by Defendant Creative Packaging. All conditions precedent to the institution of this lawsuit have been fulfilled. 9. Since at least January 2000, Defendants have engaged in unlawful employment practices at its Buffalo Grove facility, in violation of Section 706(f)(1) and (3) of Title VII, 42 U.S.C. § 2000e-5(f)(I) and (3). These practices include, but are not limited to paying Weiner less for doing substantially the same work as a male salesperson and then terminating Weiner when she complained about the disparity in pay. 10. The effect of the practice complained of in paragraph 9 above has been to deprive Weiner ofequal employment opportunities and otherwise adversely affect her status as an employee, because of her sex. 11. The unlawful employment practices complained of in paragraph 9 above were and are intentional. 12. The unlawful employment practices complained of in paragraph 9 above were and are done with malice or with reckless indifference to the federally protected rights of Weiner.
STATEMENT OF EPA CLAIMS 13. Since at least January 2000, Defendant Employers have violated Sections 6(d)(l) and
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15(a)(2) of the FLSA, 29 U.S.C. §§ 206(d)(I) and 215(a)(2), by paying wages to its female sales representatives in its Buffalo Grove facility, at rates less than the rates paid to male employees in the same establishment for substantially equal work on jobs the performance of which requires equal skill, effort, and responsibility, and which are performed under similar working conditions.
14. As a result of the acts complained of above, Defendant Employers unlawfully have withheld and are continuing to withhold the payment of wages due to Weiner.
PRAYER FOR RELIEF Wherefore, the Commission requests that this Court: A. Grant a permanent injunction enjoining the Defendants, their officers, successors, assigns and all persons in active concert or participation with themt, from engaging in any employment practice which discriminates on the basis of sex. B. Grant a permanent injunction enjoining the Defendants, their officers, successors, assigns and all persons in active concert or participation with them, from discriminating within any of its establishments between employees on the basis of sex, by paying wages to employees of one sex at rates less than the rates at which it pays wages to employees of the opposite sex for substantially equal work on jobs the performance of which requires equal skill, effort, and responsibility, and which are performed under similar working conditions. D. Order Defendants to institute and carry out policies, practices and programs which provide equal employment opportunities for women, and which eradicate the effects oftheir past and present unlawful employment practices. E. Order Defendants to make whole Weiner, by providing appropriate backpay with prejudgment interest, in amounts to be proved at trial, and other affirmative relief necessary to eradicate the effects of their unlawful employment practices, including but not limited to pay
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increases of Weiner. F. Order Defendants to make whole Weiner by providing compensation for past and
futnre pecuniary losses resulting from the unlawful practices described in paragraph 9 above, in amounts to be determined at trial.
G. Order Defendants to make whole Weiner by providing compensation for past and futnre nonpecuniary losses resulting from the unlawful practices complained of in paragraph 9 above, including emotional pain, suffering, inconvenience, loss ofenjoyment oflife and humiliation, in amounts to be determined at trial.
H. Order Defendants to pay Weiner punitive damages for their malicious andlorreckless conduct described in paragraph 9 above, in an amount to be determined at trial.
1. Grant a judgment requiring Defendants to pay appropriate back wages in amounts to be determined at trial, an equal sum as liquidated damages, and prejudgment interest to Weiner.
O. Grant such further relief as this Court deems necessary and proper in the public interest.
P. Award the Commission its costs of this action.
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JURy TRIAL DEMAND The Commission requests a jury trial on all questions of fact raised by its complaint.
Nicholas M. Inzeo Acting Deputy General Counsel Jerome Scanlon Assistant General Counsel
Noelle Brennan Supervisory Trial Attorney
2~ltjernk
Trial Attorney
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
500 West Madison Street, Suite 2800 Chicago, Illinois 60661 (312) 353-7546
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Civil Cover Sheet

http://wwwjJnd.uscourts.govIPUBLIClFonns/autojs44.cfi

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UNITED STATES DISTRICT COURT. . ,_ 1, < __ NORTHERN DISTRICT OF ILID:fNOIS~) 'i . -. ' '-'~:

DOCKETED

Civil Cover Sheet,,·

JAN 15 2DDZ

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This'llUtomai~dJS-44 confonns generally to 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

infonnation contained herein neither replaces nor snpplements the filing and service of pleadings or other papers as required

by law. This fonn is authorized for use only in the Northern District of Illinois.

Plaintiff(s): u.s. EQUAL EMPLOYMENT
OPPORTUNITY COMMISSION

Defendant(s):COURTESY CORPORATION, & CREATIVE PACKAGING CORPORATION

County of Residence:

County of Residence:

Plaintiff's Atty:

Jeanne B. Szromba

Defendant's Atty:

Equal Employment Opportunity Commission 500 W. Madison, Suite 2800 Chicago, IL 60661 312-353-7546

O2 ('1 ~ ~ ,0.' ({\'
JUDGE VRONALU D V GU{Z~~, N

MAmsru'ifli! UlnaE. LEVEN

II. Basis of Jurisdiction:

1. U.S. Gov't Plaintiff

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

IV. Origin:

1. Original Proceeding

V. Nature of Suit:

442 Employment

VI.Cause of Action:

Under the Equal Pay Act of 1963 and Title VII of the Civil Rights

Act of 1964, and Title I of the Civil Rights Act of 1991, to restrain

the unlawful payment of wages to a female employee at a rate less

than the rate paid to a male employee, and to provide appropriate

relief due to the female employee as a result of such unlawful

practice.

VII. Requested in Complaint

Class Action:

Dollar Demand:

Jury Demand: Yes

VIII. This case IS NOT a refiling of a previously dismissed case.

Siguature:
Date:
If any of this information is incorrect, please go bac~,to the Civil Cover Sheet Input form using the Back button in your browser and
change it. Once correct, print this form, sign and dare'it and submit it with your new civil action. Note: You may need to adjust

10f2

1114/022:56 PN

In the Matter of

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF ILLINOIS
Eastern Division

[JaCKETED
~'J JAN 1 52002

APPEARANCES ARE HEREBY FILED BY THE UNDERSIGNED AS ATTORNEY(S) FOR:

(A)

SIGNATU\ \O"nAnA~ j5)~

( L NAME Jeanne-H. Szromba

u

FIRM
Equal Employment Opportunity Commission

STREET ADDRESS
500 W. Madison Suite 2800

CITY!STATEIZIP
Chicago, IL 60661

'(}S3L1EP2!;{)pl'jJ,5f N3UM-7BE5R46

IDENTIFICATION NUMBER (SEE ITEM 4 ON REVERSE)

ARDC No. 06207846
MEMBER OF TRIAL BAR?

0 YES

0 NO

J / ' TRIALATIORNEY?

i D , YES ' ......

NO

•

I

/

\~II/lJI/ltI(~ If I 1 / /

v '(J.::f///) '1/1 VIVVV '/

NAME'

(1/ .!.

John C. I endf'Ickson

/ FIRM
( Equal Employment Opportunity Commission

'\.
'-

-S;1;REoETnA-D~DM¢aSdison,

Suite

2800

CITY/STATE/ZIP
Chicago, IL 60661

TELEPHONE NUMBER
(312) 353-8551

IDENTIFICATION NUMBER (SEE ITEM 4 ON REVERSE)

ARDC No. 01187589

MEMBER OF TRIAL BAR?

0 YES

TRIAL ATIORNEY?

0 YES

0 NO 0 NO

DESIGNATED AS LOCAL COUNSEL?

D YES

0 NO

~

(B)

NAME
Noelle C. Brennan
FIRM
Equal Employment Opportunity Commission
STREET ADDRESS
500 W. Madison, Suite 2800

CITY/STATE/ZIP
Chicago, IL 60661

TELEPHONE NUMBER
(312) 353-7582

IDENTIFICATION NUMBER (SEE ITEM 4 ON REVERSE)
ARDC No. 06228901

MEMBER OF TRIAL BAR?

J YES [

TRlAL ATIORNEY? DESIGNATED AS LOCAL COUNSEL?

0 YES D YES

0 NO
D NO D NO

SIGNATURE
NAME

(D)

FI'M STREW ADDRESS

CITY/STATE)ZIP

TELEPHONE NUMBER

IDENTIFICATION NUMBER (SEE ITEM 4 ON REVERSE)

MEMBER Of TRIAL BAR? TRIAL ATIORNEY? DESIGNATED AS LOCAL COUNSEL?

J YES [
0 YES D YES

J NO [
0 NO
D NO
\:}?

 
 CM/ECF LIVE, Ver 3.0 - U.S. District Court, Northern Illinois - Docket... https://ecf.ilnd.uscourts.gov/cgi-bin/DktRpt.pl?824446224134428-L_35...
LEVIN, TERMED
United States District Court Northern District of Illinois - CM/ECF LIVE, Ver 3.0 (Chicago)
CIVIL DOCKET FOR CASE #: 1:02-cv-00327

EEOC, et al v. Courtesy Corp, et al Assigned to: Hon. Ronald A. Guzman Demand: $0 Cause: 28:451 Employment Discrimination Plaintiff Equal Employment Opportunity Commission
V. Defendant

Date Filed: 01/15/2002 Date Terminated: 10/23/2002 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff
represented by Jeanne B. Szromba United States Equal Employment Opportunity Commission 500 West Madison Street Suite 2800 Chicago, IL 60661 (312) 353-7546 Email: jeanne.szromba@eeoc.gov LEAD ATTORNEY 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
Noelle Christine Brennan Brennan & Monte, Ltd. 20 South Clark Street Suite 1530 Chicago, IL 60603 (312) 422-0001 Email: nbrennan@brennan-monte.com ATTORNEY TO BE NOTICED

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Courtesy Corporation
Defendant Creative Packaging Corp. Intervenor Plaintiff Dawn Weiner

represented by Joan E. Gale Seyfarth Shaw LLP 131 South Dearborn Street Suite 2400 Chicago, IL 60603-4205 (312) 346-8000 Email: jgale@seyfarth.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Alysa Miriam Barancik Seyfarth Shaw LLP 131 South Dearborn Street Suite 2400 Chicago, IL 60603-4205 (312) 346-8000 Email: abarancik@seyfarth.com ATTORNEY TO BE NOTICED
represented by Joan E. Gale (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Alysa Miriam Barancik (See above for address) ATTORNEY TO BE NOTICED
represented by Aaron Benjamin Maduff Maduff & Maduff, LLC One East Wacker Drive Suite 2122 Chicago, IL 60601 (312)276-9000 Email: abmaduff@madufflaw.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Deanne Snedeker Medina DoranMedina, LLC 2625 Butterfield Road Suite 138S Oak Brook, IL 60523 (630)368-0200 Fax: (630)368-0202 Email: dmedina@doranmedina.com ATTORNEY TO BE NOTICED

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Date Filed 01/15/2002
01/22/2002
01/23/2002 01/30/2002 03/13/2002 03/21/2002 03/22/2002 04/03/2002 04/11/2002 04/15/2002 04/16/2002 06/24/2002 06/24/2002 06/27/2002

#

Docket Text

1 COMPLAINT; jury demand - Civil cover sheet - Appearance(s) of Jeanne B. Szromba, Noelle Christine Brennan, John C. Hendrickson as attorney(s) for plaintiff (No summons(es) issued.) ( Documents: 1-1 through 1-3) (hp) (Entered: 01/15/2002)
SCHEDULE set on 1/22/02 by Hon. Ronald A. Guzman : Status hearing set to 9:30 3/15/02 . All parties shall refer to and comply with Judge Guzman's requirements for the initial appearance as outlined in Judge Guzman's case management procedures, which can be found at: www.ilnd.uscourts.gov. The parties shall deliver a copy of the initial status report to the Courtroom Deputy (Room 1218) three business days before the initial status hearing Mailed notice (cjg) (Entered: 01/22/2002)
2 ATTORNEY APPEARANCE for defendant by Joan E. Gale, Alysa Miriam Barancik (eav) (Entered: 01/24/2002)
3 WAIVER of service of summons as to Courtesy Corp, Creative Pkg Corp sent on 1/15/02 (rmm) (Entered: 01/31/2002)
4 ANSWER by defendants to plaintiff's complaint [1-1]. (ntf) (Entered: 03/14/2002)
8 JOINT PROPOSESD DISCOVERY plan by plaintiff and defendants (rmm) (Entered: 04/25/2002)
SCHEDULE set on 3/22/02 by Hon. Ronald A. Guzman : Status hearing reset to 9:30 4/3/02 . Mailed notice (cjg) (Entered: 03/22/2002)
SCHEDULE set on 4/3/02 by Hon. Ronald A. Guzman : Status hearing held and continued to 9:30 11/6/02 . In court notice (cjg) (Entered: 04/03/2002)
6 MOTION by Plaintiff-intervenor Dawn Weiner to intervene ; Notice (rmm) (Entered: 04/19/2002)
5 ATTORNEY APPEARANCE for Dawn Weiner by Aaron Benjamin Maduff, Deanne Snedeker Medina; Notice (rmm) (Entered: 04/16/2002)
7 MINUTE ORDER of 4/16/02 by Hon. Ronald A. Guzman: Motion of Dawn Weiner to intervene as plaintiff-Intervenor is granted [6-1]. No notice (rmm) (Entered: 04/19/2002)
9 MOTION by plaintiff to quash subpoena ; Memorandum in support (Attachments); Notice (rmm) (Entered: 06/28/2002)
10 MOTION by defendants to enforce records subpoenas (Attachments): Notice (rmm) (Entered: 06/28/2002)
11 MINUTE ORDER of 6/27/02 by Hon. Ronald A. Guzman: Defendnats' motion to enforce records subpoenas [10-1] is granted in part. Plaintiff's motion to quash subpoena is denied [9-1]. No notice (rmm) (Entered: 06/28/2002)

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07/19/2002 10/21/2002 10/23/2002

12 TRANSCRIPT of proceedings for the following date(s): 6/27/02 before Honorable Ronald A. Guzman (rmm) (Entered: 07/22/2002)
13 AGREED MOTION by plaintiff EEOC and defendants Courtesy Corp, and Creative Pkg Corp for entry of consent decree ; Notice (rmm) (Entered: 10/28/2002)
14 MINUTE ORDER of 10/23/02 by Hon. Ronald A. Guzman: Agreed motion for entry of consent decree is granted [13-1] . Status hearing date of 11/5/02 is stricken. (Entered consent decree.) Terminating case. Mailed notice (rmm) (Entered: 10/28/2002)

PACER Service Center

Transaction Receipt

05/08/2007 08:30:31

PACER Login: hs0328

Client Code: eeoc

Description: Docket Report Search Criteria: 1:02-cv-00327

Billable Pages: 2

Cost:

0.16

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 FY 2003 Office of General Counsel Annual Report

http://www.eeoc.gov/litigation/03annrpt/index.html

In EEOC v. Creative Packaging Corp., the EEOC alleged that defendants, a plastic injection molding corporation and its packaging affiliate, discriminated against charging party, a female salesperson, because of her sex by paying her less money than a male employee who performed the same job duties, and retaliated against her after she complained about the discrimination. One month after charging party asked to be placed into a higher-paying International Salesperson position, defendants fired her. The case was resolved through a consent decree which provided charging party $110,000 in monetary relief and enjoins defendants from discriminating on the basis of sex and from retaliation.

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