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

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff, v. COMAIR, INC.
Defendant. ___________________________1

Civil Action No.: Honorable

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COMPLAINT AND JURY TRIAL DEMAND

lC(,It.1nl AJan Lnsler
U.S. District Judge

NATURE OF THE ACTION This is an action under Title VII ofthe Civil Rights Act of 1964, and Title I ofthe Civil Rights Act of 1991, to correct unlawful employment practices on the basis of religion, and to provide appropriate relief to Christopher Peart, who was adversely affected by such practices. The EEOC alleges that Defendant, Comair, Inc. ("Defendant") failed to accommodate Peart's religious beliefs and failed to hire Peart because of his religion.
JURISDICTION AND VENUE 1. JurisdictionofthisCourtisinvokedpursuantt028US.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 US.C. 2000e-5(f)(I) and (3) ("Title VII") , and Section 102 ofthe Civil Rights Act of1991, 42 US.C. § 1981a, 28 US.C. §§ 451, 1331, 1337, 1343 and 1345.
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2. The employment practices alleged to be unlawful were committed within the

jurisdiction of the United States District Court for the Western District of Michigan, Southern

Division.

3. Plaintiff, the Equal Employment Opportunity Commission, ("EEOC" or the

"Commission") is the agency of the United States of America charged with the administration,

interpretation and enforcement ofTitle VII, and is expressly authorized to bring this action by Section

706(f)(1) and (3) of Title VII, 42 U.S.C. §§ 2000e-5(f)(1) and (3).

4. At all relevant times Defendant has continuously been a corporation doing business

in Michigan, 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 (30) days prior to the institution of this lawsuit, Christopher Peart,

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 June 2004, Defendant Employer has engaged in unlawful employment

practices in Grand Rapids, Michigan, in violation of Section 703(a), 42 U.S.c. § 2000e-2(a). The

unlawful employment practices include, failing to accommodate Peart's sincerely held religious

beliefs, and refusing to hire Peart because his religious beliefs conflicted with Defendant's policies.

8. The effect of the unlawful conduct complained of in paragraph 7, above, has been to

deprive Peart of equal employment opportunities and otherwise adversely affect his status as an

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employee because of his religion. 9. The unlawful employment practices complained ofin paragraph 7, above, were and are
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 Peart. 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 engaging in religious discrimination and any other employment practice which discriminates on the basis of religion; B. ORDER Defendant Employer to institute and carry out policies, practices, and programs which provide equal employment opportunities for religious observances, including, providing reasonable accommodations for religion; C. ORDER Defendant Employer to provide training on Title VII of the Civil Rights Act of 1964, as amended, its prohibition against religious discrimination and the duty of religious accommodation; D. ORDER Defendant Employer to make whole Peart by providing appropriate monetary relief, in the form of compensatory damages in the amounts to be proven at trial; E. ORDER Defendant Employer to pay Peart punitive damages for its malicious or reckless conduct described in paragraph 7, above, in amounts to be proven at trial; H. GRANT such further relief as the Court deems necessary and proper in the public interest; and
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1.

AWARD the Commission its costs for 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
~~ {) .-1--
ADELE RAPPORif&44833) Regional Attorney
ROBERT K. DAWKINS (P38289) Supervisory Trial Attorney
TRINA MENGESHA (P59458) Trial Attorney
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION DETROIT DISTRICT OFFICE Patrick V. McNamara Building 477 Michigan Avenue, Room 865 Detroit, Michigan 48226 Telephone: (313)226-4620

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 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff,
v.
COMAIR, INC,
Defendant. ________________________________/

CASE NO. 1:05-CV-0601 Honorable Richard Alan Enslen

CONSENT DECREE 1. Plaintiff, the United States Equal Employment Opportunity Commission (the "Commission") commenced this action in September 2005 in the United States District Court for the Western District of Michigan, Southern Division, alleging that the Defendant, Comair, Inc. (“Comair”) failed to hire Charging Party Christopher Peart (“Peart”) because of his religion, in violation of Title VII of the Civil Rights Act of 1964 ("Title VII"), 42 U.S.C. § 2000e, et seq. 2. As a result of settlement discussions, the Commission and Comair have resolved their differences and have agreed that this action should be settled by entry of this Consent Decree. It is the intent of the parties that this Consent Decree be a final and binding settlement in full disposition of any and all claims alleged or which could have been alleged in the complaint against Comair or in the Charge of Discrimination filed by Peart, Charge No. 230-2004-01771.

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3. It is therefore the finding of this Court, made on the pleadings and the record as a whole, that: 1) the Court has jurisdiction over the parties and the subject matter of this action; 2) the purpose and provisions of Title VII will be promoted and effectuated by the entry of this Consent Decree; and 3) this Consent Decree resolves all matters in controversy between the parties as provided in the paragraphs below.
MONETARY RELIEF 4. Comair agrees to pay monetary relief to Christopher Peart in the amount of $21,366.80, in payment for post-petition bankruptcy wage claims plus interest and the waiver of all pre-petition bankruptcy claims. Comair shall issue a 1099 form for this amount in the ordinary course of business. The funds shall be paid in one lump sum and mailed via certified mail to Peart’s home address at: 371 Timbertrail Drive, Holland, MI 49424. Payment shall be made within fourteen (14) days after the Court has entered this Decree. A copy of the check shall be sent to Laurie Young, Regional Attorney, care of Trina Mengesha, Senior Trial Attorney, EEOC, 477 Michigan Avenue, Room 865, Detroit, MI 48226.
NON-DISCRIMINATION 5. Comair, its officers, agents, employees, successors, assigns and all persons in active concert or participation with them or any of them shall comply with the provisions of Title VII, 42 U.S.C. § 2000e et seq., with regard to its prohibitions against retaliation for engaging in protected activity.
NON-RETALIATION 6. Comair shall not take any action against any person which constitutes intimidation, retaliation, harassment, or interference with the exercise of such person's rights under Title VII
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because of the filing of the Charge of Discrimination by Christopher Peart, which forms the basis for the present case, or because such person gave testimony or assistance or participated in any manner in any investigation or proceeding in connection with this case under Title VII.
TRAINING AND REPORT OF TRAINING 7. Comair agrees to train its customer service managers, supervisors and human resource personnel involved in the hiring process on the requirements of Title VII, including the provisions on religious discrimination and accommodation. This training shall be provided for all employees involved in the hiring process within six (6) months of entry of this decree. For any new customer service managers, supervisors, and human resource personnel involved in the hiring process hired after the initial training has been conducted, Comair will train those employees within six (6) months from date of hire. Comair will report to the EEOC its efforts to train employees under this decree. Comair will provide lists indicating the dates of training and names of persons trained.
POSTING OF NOTICE 8. Comair agrees that it shall post a copy of the Notice attached as Exhibit A. The notice shall be posted for three (3) years from the date the Consent Decree is entered by the Court. Should the posted notice become defaced, marred or otherwise made unreadable, Comair agrees to post a readable copy of the notice as soon as practical thereafter.
DURATION 9. This Consent Decree shall remain in effect for three (3) years from the date it is entered, and the Court shall retain jurisdiction of this action during the duration of this Decree to enforce compliance with the Decree.
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REPORTING 10. When any provision of this decree requires Defendant to submit reports to the EEOC, the reports shall be submitted to: Laurie Young, Regional Attorney, EEOC, Indianapolis District Office, 101 W. Ohio, Suite 1900, Indianapolis, IN 46204. The reporting obligations under this paragraph shall cease after the Defendant submits the report due on or about the third year anniversary of the entry of this decree.
DISPUTE RESOLUTION AND COMPLIANCE 11. The Court shall have all available equitable powers, including injunctive relief, to enforce this Decree. Upon motion of any party, the Court may schedule a hearing for the purpose of reviewing any party's compliance with this Decree and/or ordering appropriate relief to determine whether the parties have complied with the terms of this Decree. Prior to seeking review by the Court, the parties shall engage in a good faith effort to resolve any dispute concerning compliance with the Decree. Any party seeking court review of a matter shall be required to give ten (10) days notice to the other party before moving for such review.
COURT COSTS AND ATTORNEY FEES 12. Each party shall bear its own court costs and attorney fees.
MISCELLANEOUS 13. If any provision(s) of this Agreement is found to be unlawful, only the specific provision(s) in question shall be affected and the other provisions will remain in full force and effect. 14. The terms of this Decree shall be binding upon the present and future owners, officers, directors, employees, creditors, agents, trustees, administrators, successors,
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representatives, and assigns of Comair.

15. This Agreement constitutes the entire agreement and commitments of the parties.

Any modifications to this Decree must be mutually agreed upon and memorialized in a writing

signed by Comair and the Commission.

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
JAMES L. LEE Deputy General Counsel

COMAIR, INC. Keating Muthing Klekamp

GWENDOLYN YOUNG REAMS Associate General Counsel

LAURIE YOUNG Regional Attorney

/s/ Trina Mengesha _________________________ Trina R. Mengesha (P59458) EEOC 477 Michigan, Room 865 Detroit, MI 48226

/s/ Paul Dorger, with permission
Paul Dorger Yvette Simpson One East Fourth Street, Suite 1400 Cincinnati, OH 45202

IT IS SO ORDERED: Dated:_N__o_v_e_m_b__er 14, 2006

_/_s_/___R_i_c_h__a_r_d__A__l_a_n__E__n_s_l_e_n___ Honorable Richard Alan Enslen

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EXHIBIT A NOTICE TO ALL EMPLOYEES This Notice is being posted as a result of a Consent Decree entered in a lawsuit brought by the EEOC against Comair, Inc. to inform you of your rights guaranteed by federal law under Title VII of the Civil Rights Act of 1964, 42 U.S. C. § 2000e et. seq. ("Title VII"). Title VII prohibits discrimination against any employee on the basis of sex, race, color, religion, or national origin with regard to any term or condition of employment including hiring, layoff, recall, promotion, discharge, pay and fringe benefits or as a result of retaliation for the exercise of protected rights or opposition to unlawful employment practices. The United States Equal Employment Opportunity Commission is the federal agency which investigates charges of unlawful employment discrimination and, if necessary, files lawsuits in federal court to enforce the anti-discrimination provisions of Title VII. Any employee who believes that he/she is the victim of discrimination or retaliation has the legal right to file a charge of discrimination with the U.S. Equal Employment Opportunity Commission. Comair supports and will comply with this federal law in all respects. Comair will not take any action against any employees because they have exercised their rights under Title VII.

____________________ Dated

____________________________________ Comair, Inc.

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 United States District Court for the Western District of Michigan - Dock... https://ecf.miwd.uscourts.gov/cgi-bin/DktRpt.pl?619393117372961-L_...

United States District Court Western District of Michigan (Southern Division (1)) CIVIL DOCKET FOR CASE #: 1:05-cv-00601-RAE

CLOSED, VFM

Equal Employment Opportunity Commission v. Comair, Inc. Assigned to: Senior Judge Richard Alan Enslen Cause: 42:2000e Job Discrimination (Employment)

Date Filed: 09/02/2005 Date Terminated: 11/14/2006 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

plaintiff
Equal Employment Opportunity Commission

represented by Adele Rapport U.S. Equal Employment Opportunity Commission (MI) 865 Patrick V. McNamara Bldg. 477 Michigan Ave. Detroit, MI 48226 (313) 226-6701 Email: adele.rapport@eeoc.gov TERMINATED: 06/07/2006 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Trina R. Mengesha U.S. Equal Employment Opportunity Commission (MI) 865 Patrick V. McNamara Bldg. 477 Michigan Ave. Detroit, MI 48226 (313) 226-4620 Email: trina.mengesha@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Robert K. Dawkins U.S. Equal Employment Opportunity Commission (MI) 865 Patrick V. McNamara Bldg. 477 Michigan Ave. Detroit, MI 48226 (313) 226-3406 Email: robert.dawkins@eeoc.gov ATTORNEY TO BE NOTICED

V.

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defendant Comair, Inc.
mediator Facilitative Mediator

represented by Eric J. Pelton Kienbaum Opperwall Hardy & Pelton, PLC 280 N Old Woodward Ave., Ste. 400 Birmingham, MI 48009 (248) 645-0000 Email: epelton@kohp.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Paul Daniel Dorger Keating Muething & Klekamp One E Fourth St., Ste. 1400 Cincinnati, OH 45202 (513) 579-6400 Email: pdorger@kmklaw.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Jon G. March Miller Johnson PLC (Grand Rapids) 250 Monroe Ave., NW, Ste. 800 P.O. Box 306 Grand Rapids, MI 49501-0306 (616) 831-1729 Fax: (616) 988-1729 Email: marchj@millerjohnson.com LEAD ATTORNEY

Date Filed 09/02/2005
09/02/2005 09/30/2005
09/30/2005
10/04/2005

#

Docket Text

1 COMPLAINT with Jury Trial Demand against Comair, Inc. filed by Equal Employment Opportunity Commission (Attachments: # 1 Civil Cover Sheet) (bd, ) (Entered: 09/08/2005)
SUMMONS ISSUED as to Comair, Inc. (bd, ) (Entered: 09/08/2005)
2 ANSWER to complaint with Affirmative Defenses and Certificate of Service by Comair, Inc. (Pelton, Eric) Modified text on 10/4/2005 (bd, ). (Entered: 09/30/2005)
3 NOTICE OF FILING BANKRUPTCY titled as Notice of Automatic Stay; with Certificate of Service; by defendant Comair, Inc. (Pelton, Eric) Modified text on 10/4/2005 (bd, ). Modified title on 10/5/2005 (bd, ). (Entered: 09/30/2005)
4 ORDER setting Rule 16 scheduling conference for 10/26/2005 at 10:00 AM at 401 Federal Building, Grand Rapids, MI before Magistrate Judge Ellen S.

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10/05/2005 01/19/2006 01/26/2006 02/06/2006 02/06/2006 02/06/2006 02/06/2006 02/09/2006
02/23/2006 03/01/2006 03/07/2006
03/23/2006

Carmody; status report due by 10/21/2005 ; signed by Senior Judge Richard Alan Enslen (Senior Judge Richard Alan Enslen, sas) (Entered: 10/04/2005)
5 ORDER CLOSING this matter with regard to Comair, Inc. This closing is for administrative purposes only and does not constitute a decision on the merits. ; signed by Senior Judge Richard Alan Enslen (Senior Judge Richard Alan Enslen, sas) (Entered: 10/05/2005)
6 ATTORNEY APPEARANCE of Robert K. Dawkins on behalf of plaintiff Equal Employment Opportunity Commission (Dawkins, Robert) (Entered: 01/19/2006)
7 STIPULATION and PROPOSED ORDER by plaintiff Equal Employment Opportunity Commission and by defendant Comair, Inc. (Attachments: # 1 Proposed Order) (Dawkins, Robert) Modified text on 1/27/2006 (bd, ). (Entered: 01/26/2006)
8 ATTORNEY APPEARANCE of Trina R. Mengesha on behalf of plaintiff Equal Employment Opportunity Commission (Mengesha, Trina) (Entered: 02/06/2006)
9 CERTIFICATE OF SERVICE by plaintiff Equal Employment Opportunity Commission re 8 (Mengesha, Trina) (Entered: 02/06/2006)
10 ORDER granting STIPULATION to lift automatic stay 7; action is hereby REOPENED; signed by Senior Judge Richard Alan Enslen (Senior Judge Richard Alan Enslen, blb) (Entered: 02/06/2006)
11 CERTIFICATE OF SERVICE by plaintiff Equal Employment Opportunity Commission re 8 revised certificate of service (Mengesha, Trina) (Entered: 02/06/2006)
12 ORDER setting Rule 16 scheduling conference: Rule 16 scheduling conference is set for 3/1/2006 at 11:00 AM at 401 Federal Building, Grand Rapids, MI before Magistrate Judge Ellen S. Carmody; status report due by 2/24/2006; signed by Senior Judge Richard Alan Enslen (Senior Judge Richard Alan Enslen, blb) (Entered: 02/09/2006)
13 JOINT STATUS REPORT submitted for filing by plaintiff Equal Employment Opportunity Commission and defendant Comair, Inc. (Mengesha, Trina) Modified text on 2/27/2006 (bd, ). (Entered: 02/23/2006)
14 MINUTES of scheduling conference held before Magistrate Judge Ellen S. Carmody (Proceedings Not Recorded) (Magistrate Judge Ellen S. Carmody, cbh) (Entered: 03/02/2006)
15 CASE MANAGEMENT ORDER: jury trial set for 5/2007 civl trial session before Senior Judge Richard Alan Enslen; settlement conference set for 3/2/2007 at 02:00 PM before Magistrate Judge Ellen S. Carmody; final pretrial conference set for 4/17/2007 at 02:30 PM before Senior Judge Richard Alan Enslen; ; signed by Senior Judge Richard Alan Enslen (Senior Judge Richard Alan Enslen, sas) (Entered: 03/07/2006)
16 SELECTION of Jon March as facilitative mediator by plaintiff Equal Employment Opportunity Commission (Mengesha, Trina) (Entered: 03/23/2006)

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03/27/2006 04/03/2006 04/14/2006 05/03/2006 05/05/2006 05/10/2006 06/07/2006 07/28/2006 08/08/2006 08/21/2006 08/24/2006 08/25/2006
09/06/2006 09/15/2006

17 NOTICE of appointment of Facilitative MediatorJon G. March; plaintiff VFM fee to be submitted by 4/6/2006; defendant VFM fee to be submitted by 4/6/2006 (ADR Administrator, mjs) (Entered: 03/27/2006)
VFM FEE RECEIVED in the amount of $25.00, check number 156725 as to defendant Comair, Inc. (ADR Administrator, mjs) (Entered: 04/03/2006)
18 NOTICE regarding VFM fees that were due 4/6/06 pursuant to Notice of Appointment of Facilitative Mediator 17; plaintiff's VFM fee to be submitted by 4/24/2006 (ADR Administrator, mjs) (Entered: 04/14/2006)
19 STIPULATION to Extend Deadline for Mediation by plaintiff Equal Employment Opportunity Commission (Mengesha, Trina) (Entered: 05/03/2006)
VFM FEE RECEIVED in the amount of $25.00, check number 454 as to plaintiff Equal Employment Opportunity Commission (ADR Administrator, mjs) (Entered: 05/05/2006)
20 ORDER granting STIPULATION 19 to Extend Deadline for Mediation; signed by Magistrate Judge Ellen S. Carmody (Magistrate Judge Ellen S. Carmody, cbh) (Entered: 05/10/2006)
21 NOTICE of Withdrawal of Counsel by plaintiff Equal Employment Opportunity Commission; with Certificate of Service (Rapport, Adele) Modified text on 6/12/2006 (bd, ). (Entered: 06/07/2006)
22 STIPULATION Joint Stipulation to Extend the Deadline for Mediation by defendant Comair, Inc. and Plaintiff EEOC (Dorger, Paul) Modified text on 7/31/2006 (bd, ). (Entered: 07/28/2006)
23 ORDER granting Joint Stipulation to Extend the Deadline for Mediation to 9/15/2006 22; signed by Magistrate Judge Ellen S. Carmody (Magistrate Judge Ellen S. Carmody, cbh) (Entered: 08/08/2006)
24 PROPOSED STIPULATION and ORDER to Extend Discovery for 60 Days by plaintiff Equal Employment Opportunity Commission and defendant Comair, Inc. (Mengesha, Trina) Modified text on 8/22/2006 (bd, ). (Entered: 08/21/2006)
25 PROPOSED STIPULATION and ORDER to Extend Discovery (Amended) by plaintiff Equal Employment Opportunity Commission (Mengesha, Trina) (Entered: 08/24/2006)
26 ORDER finding as moot STIPULATION 24, granting in part and denying in part STIPULATION 25 to Extend Discovery Deadline; the deadline for discovery may be extended to 11/1/2006, and the deadline for filing dispositive motions may be extended to 11/15/2006; no other deadlines are changed by this order; further requests for extension of deadlines will not be granted; signed by Magistrate Judge Ellen S. Carmody (Magistrate Judge Ellen S. Carmody, cbh) (Entered: 08/25/2006)
27 MINUTES of telephone conference regarding discovery dispute held before Magistrate Judge Ellen S. Carmody (Proceedings Not Recorded) (Magistrate Judge Ellen S. Carmody, cbh) (Entered: 09/06/2006)
28 REPORT of facilitative mediation held 9/15/2006; mediation is settled; closing documents to be filed by within 30 days (March, Jon) (Entered: 09/15/2006)

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11/03/2006 11/14/2006

29 PROPOSED CONSENT DECREE by plaintiff Equal Employment Opportunity Commission (Mengesha, Trina) (Entered: 11/03/2006)
30 CONSENT DECREE; signed by Senior Judge Richard Alan Enslen (Senior Judge Richard Alan Enslen, blb) (Entered: 11/14/2006)

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