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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

EQUAL EMPLOYMENT OPPORTUNITY)

COMMISSION,

)

HONORABLE

)

Plaintiff,

)

)

v.

)

AMMEX DETROIT

)

COMPLAINT

)

AND JURY TRIAl, DEMAND

Defendant.

)

)
_ _ _ _ _ _ _ _ _ _...1.l/JJMAGISTRATE JUDGE DONALD A. SCHEER

NATURE OF THE ACTION

This is an action under Title I of the American With Disabilities Act of 1990 and Title I

of the Civil Rights Act of 1991, to correct unlawful employment practices on the basis of

disability and to make whole Deborah Chase ("Chase").

The Equal Employment Opportunity alleges that Defendant, AMMEX Detroit

("AMMEX"), violated the American with Disabilities Act by failing to reasonabl~.;aec~mod~tq

Chase and laying her off work because of her disability (polio) and her need for an:__

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accommodation.

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 107 (a) of the Americans With Disabilities Act of 1990 ("ADA"), 42 U.S.C. § 12117 (a), which incorporates by reference Sections 706(f)(1) and (3) of Title VII of the Civil Rights Act of 1964 ("Title VII"), 42 U.S.C. §§ 2000e-5(f)(1) and (3), and pursuant to Section 102 of the Civil Rights Act of 1991,

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• as amended, 42 U.S.C. Section 1981 (A).
2. The employment practices hereafter alleged to be unlawful were committed in the Eastern District of Michigan.
PARTrES 3. The Plaintiff, Equal Employment Opportunity Commission (the "Commission"), is an agency of the United States of America charged with the administration, interpretation and enforcement of Title I of the ADA and is exprcssly authorized to bring this action by Section 107 (A) of the ADA, 42 U.S.C. § 1211 (a), which incorporates by reference Sections 706(f)(l) of Title VII, 42 U.S.C. § 20003-5(f)(l) and (3). 4. At all relevant times, Defendant was doing business in the State of Michigan and continuously had at least fifteen (15) employees/members. 5. At all relevant times, Defendant was continuously engaged in an industry affecting commerce within the meaning of Section 101(5) of the ADA, 42 U.S.C.§ 12111 (5), and Section 101 (7) of thc ADA, 42 U.S.C. § 12111(7), which incorporates by reference Section 701(g) and (h) of Title VII, 42 U.S.C. § 2000e(g) and (h). 6. At all relevant times, Defendant was a covered entity under Section 101(2) of the ADA, 42 U.S.C. § 12111(2).
STATEMENT OF CLAIMS 7. More than thirty (30) days prior to the institution of this lawsuit, Chase filed a charge with the Commission alleging violations of Title I of the ADA by Defendant AMMEX. All conditions precedent to the institution of this lawsuit have been fulfilled. 8. Bcginning in March, 2002, Defendant engaged in unlawful employment practices in violation of the ADA Sections 102(a), 102(b)(5)(A) and 102 (b)(5)(B), 42 U.S.C. §§

,
12112(a), 12112(b)(5)(A) and 12112(b)(5)(B). The Defendant's practices include but are not limited to, failing to reasonably accommodate Chase's disability, and laying her off work because of her disability and her need for an accommodation.
9. Chase was a qualified individual with a disability who was able to perform the essential functions of the sales associate position with or without a reasonable accommodation.
10. The effect of the above-mentioned, unlawful employment practices has been to deprive Chase of equal employment opportunities because of her disability.
11. The above-mentioned, unlawful employment practices were intentional. 12. The unlawful employment practices complained of in paragraph 8 above were done with malice or with reckless indifference to the federally protected rights of Chase.
PRA YER FOR RELTEF WHEREFORE, the Commission respectfully requests that this Court: 1. Grant a permanent injunction enjoining the Defendant Employer, its officers, successors, assigns and all persons in active concert or participation with it, from engaging in any unlawful employment practice which discriminates on the basis of disability; 2. Order the Defendant Employer to institute and carry out policies, practices, and programs which provide equal employment opportunities for individuals with disabilities, and which eradicate the effects of its past and present unlawful employment practices; 3. Order the Defendant Employer to provide training to its management employees regarding disability discrimination and the ADA's requirements to provide a reasonable accommodation to disabled employees; D. Order the Defendant Employer to make whole Chase by providing her with appropriate lost earnings and benefits, with pre-judgement interest, in amounts to be proven at

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trial, and other affirmative relief necessary to eradicate the effects of its unlawful employment practices;
E. Order Defcndant Employer to make whole Chase by providing compensation for past and future non-pecuniary losses resulting from the unlawful practices complained of in paragraph 8 above in amounts to be proven at trial;
F. Order Defendant Employer to pay Chase punitive damages for the malicious or reckless conduct described in paragraph 8 above, in amounts to be proven at trial;
G. Grant the Commission its costs in this action; and H. GRANT such further relief as the Court deems necessary and proper.
Respectfully submitted, ERIC S. DREIDAND General Counsel JAMES L. LEE Deputy General Counsel
GWENDOLYN YOUNG REAMS Associate General Counsel
Regional Attorney STANLEY H. PITTS Supervisory Trial Attorney OMARWEAVER Trial Attorney EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Detroit District Office 477 Michigan Avenue, Room 865 Detroit, Michigan 48226 (313) 226-6701

 
 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

7
ORIGINAL

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintift:
AMMEX,INC.,

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Case No. 03-7~~'" 1'~1""'!U~

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Defendant.
-----------------,
ADELE RAPPORT (P44833)
STANLEY H. pms (P335 19)
OMAR WEAVER (P58861) EQUAL EMPLOYl'v1ENT OPPORTIJNITY COMMISSION Attorneys for Plaintiff 477 Michigan Ave., Room 865 Detroit, Ml. 48226 (313) 226-3407

TIMOTHY H. HOWLETT (P24030) DICKINSON WRlGHT, P.L.L.C. Attorneys for Defendant 500 Woodward Avenue - Suite 4000 Detroit, MI 48226

SETTLEMENT AGREEMENT

This Settlement Agreement ("Agreement") is entered into between Plaintiff, the United

States Eqnal Employment Opportunity Commission ("the Commission") and Defendant,

Ammex, Inc.(" Ammex").

1. The Conunission commenced the above entitled action in the United States District Court

for the Eastern District of Michigan, Southern Divisioll, 011 September 29, 2003, alleging

that Ammcx engaged in discriminatory employment practices ill violation of the

Americans with Disabilities Act ("ADA") by failing to reasonably accommodate the

Charging Party, Debor'dh Chase ("Chase"), a qualified individual with a disability, and

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laying her off work because of her disability and her need for an accommodation. 2. Ammex denies all allegations in the Complaint, including any allegation that it
discriminated against or failed to accommodate Chase. 3. All a result of settlement discussions, the Commission and Ammex have resolved their
differences and have agreed that this action should be settled by entry of this Agreement. It is the intent of the parties that this Agreement be a final and binding settlement in full disposition of any and all claims alleged against Ammex or which might have. been alleged against Amrnex in the Complaint filed on behalf of Charging Party Deborah Chase.
NON-ADMISSION 4. This, being entered with the consent of the Commission ,md Ammex, shall not constitute
an adjudication or finding on the merits ofthe casc and shall not bc constmed as an admission by Amrnex of a violation of the Americans with Disabilities Act.
NON-DISCRIMINATION 5. 'Ammex, its officers, agents, employees, succ~ssors, assigns and all persons in active
concert or participation with them or any of them shall comply with the provisiqnsoftbe Americans with Disahilities Act, 42 U.S.C. §12101, et seq., with regard to discrimination on the basis of disability as dellned by the Act.
NON-RETALIATION 6. Ammex shall not take any action against any person which constitutes intimidation,
retaliation, harassment OT interference witll the exercise of such person's rights Wldcr federal law because oftlle filing of.charges of discrimination with the Commission,
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which fonns the basis for the present case, or beCilUse slIch person gave testimony or assistance or participated in any manner in any investigation or procced.ing in connection with this case under the ADA.
MONETARY COMPENSATION 7. . Anrmcx shall pay to Deborah Chase the settlement amollnt of $16,400.00, less any
applicable ~tate and federal withholding taxes. This monetary compensation shaH be paid in one check made payable to Deborah Chase, 1301 W. Warren, Apt lA, Dctroit, MI 4820 I. Ammex shaH mail full payment to Deborah Chase by certified mai I within ten (to) days after the execution of this Agreement, Within thirty (30) days of this payment, Ammex shall send a photocopy of the check sent to Deborah Chase, along with a photocopy of the eerti.fied mail receipt, to the Commission's attorney of record.
SENIORITY ·8. Chase shall have a seniority date of December 2, 1999, which is her original date of hire_
TRAINING 9: Ammex agrees to provide mandatory training on the ADA to managers and supervisors,
which will include disability awareness and sensitivity training. The training will take place at Ammex 's Ambassador Bridge location. It will focus on the requirements of the ADA, including, an e1l1ployer's duty to provide rellSonable accommodations to qualified individuals with disabilities and the ADA's requirement that employers not discriminate against individuals with respect to any tenns, conditions, opportunities or privileges of employment or otherwise affect his or her employment status 011 the basis of disability as defined by the Act. The training shall be completed within three (3) months after the
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execution ofthis Agreem~nt. Upon completion of the training, Ammex shall certify to the Commission the specific training which was undertaken and the dates ofthe training and shall provide the Commission with a roster of all employees who attended such training.
POSTING OF NOTICR 10. Ammex agrees that it shall post a copy (If the Notice attached as Exhibit B in a
conspicuous location where employee notices are posted at the Ambassador Bridge location. The notice shall be posted for two (2) yearsf\'om the date this Agreement is flIed with the Court. ShOUld the posted notice become defaced, nlarred or olhelwise made unreadable, Ammex agrecs to post a readable copy of the notice as soon as practical thereafter.
DURATION 11. The injunctive provisions of this judgement shall remain in ihll force,and effect for two
(2) years and shall expire at the second anniversary of the dale that this Agreement is filed with the Court.
DISPUTE RESOLUTION AND COMPLIANCE J2. The Court shall retain jurisdiction (\lId will have all available equitable powers, including·
injunctive relief, to enforce this Agreement. Upon motion of either party, the Court may schedule a hearing for the purpose of reviewing compliance with this Agreement. The pmties shall engage in a good faith effort to resolve any dispute as to compliance prior to seeking review by the Conrt, and shall be requ.ired to give notice to each other ten (10) days before moving f(Jr such review. All parties may conduct expedited discovery under
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the Federal Rules of Civil Procedure for purposes of determining compliance with this Agreement or defending against a claim of non-compliance, with fil1ccII (15) business days notice for depositions, entry to premises and access to documents and, with fifteen (15) business days for responses to written discovery.
MISCELIJANEOUS
.13. All parties shall bear their own costs and expenses oflitigatiol1, including attorney fees.
14. This Agreement constitutes the entry affinal judgment, withillthc Illc!llling of Rule 54 of the Federal Rules of Civil Procedw-e, on all claims asserted in or which might have been
asserted in this action. This court retains jurisdiction over this matter, however, for the purpose of entering appropriate oTders interpreting and enfOTcing this judgment.
15. Ifanyprovision(s) ofthis Agreement is (bund to be unlawful, ollly the specific provisi(lll(S) in question shall be affected and the other provisions will remain in full foree
and effect. 16. The terms ofthis Agreement are and shall be binding upon the present and future owners,
olJicers, directors, employees, creditors, agents, trustees, administrators, successors, representatives, and assigns of Amrnex. 17. The Commission reserves all rights to proceed with respect to matters like and related to these matters hut not covered by the tenns of this Agreement and to secure relief on behalf of aggrieved persons not covered by the tennS of this Agreement. 18. This Settlement Agreement constitutes the entire agreement and commitments of the parties. Any modifications to this Agreement must be mutually agreed upon and memorialized in a writing signed by AmmeJ( and the Conunission.
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19. When this Agrcement requires or permits the submission by Ammex of any document. to

the Commissl\m, ifnot otherwise indicated in the Agreement, they shall be mailed by

certified mail to Adele Rapport, Regional Attorney, EEOC, Detroit District Office, 477

Michigan Avcnue, Room 865, Patrick V. McNamara Building, Dctroit, Michigan 48226,

20. Both parties request that this Court approve this .Agrecment and, pursuan.t to Fed. R. eiv,

P. 41(a)(2), dismiss this case with prejudice, assign the costs of this action .incurred by

cach of the respective parties to each such party, and reserve jurisdiction only as

necessary to enforce this Agreement.

EQUAL EMPLOYMENT OPPORTlJNITY
COMMISSION

AMMEX,INC.

ERIC S. DREIBAND Gcneral Counsel

By: DlCKlNSON WRIGHT P.L.L.C.

JAMES L. LEE Deputy General Counsel GWENDOLYN YOUNG REAMS Associate General Counsel
Regional Attorney

·~H.~
TIMOTHY H. WLETT (P24030) Al(orneys for Defendant 500 Woodward Avenue - Suite 4000 Detroit, M.1 48226

STANLEY H. PITTS (P33519) Supervisory Trial Attomcy
OMAR WEAVER (P588(j]) Trial attorney Detroit Distlict Ofi1cc 477 Michigan Ave., Room 865 Detroit, M1 48226

Dated:

Dated:

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EXtlmITB NOTICE TO ALL EMPLOYEES
The ADA prohibits discrimination against any employee on the basis ofdisability with regard to any term or condition of employment including hiring, layoff, recall, promotion, discharge, pay and fringe benefits or in retaliation for the 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 ofthe ADA. Any employee who believes that helshe is the victim of discrimination or retaliation has the legal right to file a charge of discrimination with the U.S. Equal Employment Opportunity Conunission,
Ammcx Detroit supports and will comply with this federal law in all respects. Ammex Detroit will not take any action against any employees because they have exercised their rights under the ADA.

Dated

Ammex Detroit

 
 CM/ECF - U.S. District Court:mied - Docket Report

https://ecf.mied.uscourts.gov/cgi-bin/DktRpt.pl?220713422867929-L_3...

U.S. District Court Eastern District of Michigan (Detroit) CIVIL DOCKET FOR CASE #: 2:03-cv-73830-GEW

CLOSED, DAS

EEOC v. Ammex Det Assigned to: Honorable George E Woods Demand: $0 Plaintiff Equal Employment Opportunity Commission
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Date Filed: 09/29/2003 Date Terminated: 07/16/2004 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff
represented by Adele Rapport Equal Employment Opportunity Commission 477 Michigan Avenue Room 865 Detroit, MI 48226 313-226-5670 Email: Adele.Rapport@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED
James L. Lee Equal Employment Opportunity Commission 1801 L Street, N.W. Washington, DC 20507 202-634-6592 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Omar Weaver Equal Employment Opportunities Commission 477 Michigan Avenue Suite 865 Detroit, MI 48226 313-226-5670 Fax: 313-226-5673 Email: omar.weaver@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED
Stanley H. Pitts Honigman, Miller, 660 Woodward Avenue Suite 2290
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CM/ECF - U.S. District Court:mied - Docket Report

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V. Defendant Ammex Detroit

Detroit, MI 48226-3506 313-465-7516 Email: spitts@honigman.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Timothy H. Howlett Dickinson Wright 500 Woodward Avenue Suite 4000 Detroit, MI 48226-3425 313-223-3500 Fax: 313-223-3598 Email: thowlett@dickinsonwright.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed 09/29/2003 10/23/2003 10/23/2003 12/08/2003 01/15/2004 03/15/2004
07/08/2004 07/16/2004

#

Docket Text

1 COMPLAINT; jury demand - Receipt # usa - Date Fee Received: 09/29/03 (jg) (Entered: 09/30/2003)
2 ANSWER by defendant Ammex Det to complaint [1-1] with proof of service (kg) (Entered: 10/24/2003)
2 AFFIRMATIVE defenses by defendant Ammex Det (kg) (Entered: 10/24/2003)
3 NOTICE by court Rule 16 and Rule 26(f) scheduling consultation (kg) (Entered: 12/09/2003)
4 REPORT of Rule 26(f) Planning Meeting (LHack, ) (Entered: 01/20/2004)
5 SCHEDULING ORDER: Final Pretrial Conference set for 11/9/2004 01:00 PM before Honorable George E Woods. Jury Trial set for 12/7/2004 08:00 PM before Honorable George E Woods. Dispositive Motion Cut-off set for 7/30/2004 Signed by Judge George E Woods. (Refer to image for additional dates)(TMcg, ) (Entered: 03/15/2004)
6 SETTLEMENT AGREEMENT by Ammex Detroit, Equal Employment Opportunity Commission. (DOpa, ) (Entered: 07/14/2004)
7 STIPULATED ORDER DISMISSING CASE. Signed by Honorable George E Woods. (CGre, ) (Entered: 07/22/2004)

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