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

EQUAL EMPLOYMENT OPPORTUNITY )

COMMISSION,

)

)

Plaintiff,

)

)

VQ

)

)

A.T.M.I. PRECAST, INC., and

)

WAUBONSEE DEVELOPMENTCOMPANY, )

INC.

Defendants.

CIVI&~NO" ~ 5 0 5
COMPLAINT JURY TRIAL DEMAND

NATURE OF THE ACTION This is an action under Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e et se~ ("Title VII"), and Title i of the Civil Rights Act of 1991, 42 U.S.C. § 1981a, to correct unlawful employment practices on the basis of national origin and to provide appropriate relief to Jose Urbina, Augustin Gonzalez, David Marin and a class of employees who were adversely affected by such practices. The Commission alleges that Defendants discriminated against Jose Urbina, Augustin Gonzalez, David Marin, and other Hispanic employees on the basis of their national origin by subjecting them to d~sparate treatment as compared to nonHispanic employees. The Commission further alleges that Defendants discriminated by taking adverse employment actions against them and otherwise retaliating against them because of their objections to practices made unlawful under Title VII.
JURISDICTION AND VENUE This action is brought by the United States Equal Employment Opportunity

Commission (the "EEOC") to enforce the provisions of Title VII of the Civil Rights Act of t964, as amended, 42 U.S.C. § 2000e et seq.
2. This action is authorized and instituted pursuant to § 706(t")(1), § 706(0(3), and § 707(a) through (c) of Title VII, 42 U.S.C. §2000e-5(f)(1) §2000e-5(f)(3), and §2000e-6(a) through (c).
3. This court has jurisdiction of this action pursuant to 28 U.S.C. § 451, 28 U.S.C. § 1331, 28 U.S.C. § 1337, 28 U.S.C. § 1343, 28 U.S.C. § 1345, 42 U.S.C. § 2000e-5(f)(3) and 42 U.S.C. § 2000e-6(b).
4. The unlawful acts alleged below were and are now being committed within the jurisdiction of the United States District Court for the Northern District of Illinois.
PARTIES 5. 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 VII, and is expressly authorized to bring this action by § 706(f)(1), § 707(a) and §707(c) of Title VII, 42 U.S.C. §2000e-5(f)(1), §2000e-6(a), and §2000e-6(c). 6. At all relevant times, Defendant A.T.M.I. Precast, Inc. (hereinafter "ATMI") has continuously been a corporation doing business in the State of Illinois, County of Cook, City of Aurora. 7. At all relevant times, Defendant Waubonsee Development Company, Inc. (hereinafter "Waubonsee") has continuously been a corporation doing business in the State of IlIinois, County of Cook, City of Aurora. 8. At aI1 relevant times, Defendant, ATMI has continuously had at least fifteen (15) employees.

9. At all relevant times, Defendant, Waubonsee has continuously had at least fifteen (I5) employees.
~ 0. At all relevant times, Defendant ATMI 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).
11. At all relevant times, Defendant, Waubonsee 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 13. More than thirty (30) days prior to the institution of this lawsuit, Jose Urbina, Augustin Gonzalez and David Marin filed charges of discrimination with the Commission alleging violations of Title VII by Defendants (Charge numbers 210983415, 210983480, 210990373 and 210990373, respectively). 14. Pursuant to 42 U.S.C. § 2000e-5(f)(1), EEOC’s representatives attempted to eliminate the unlawful employment practices alleged below and to effect voluntary compliance with Title VII prior to institution of this lawsuit, but EEOC was unable to secure a conciliation agreement acceptable to the Commission. 15. All conditions precedent to the institution of this lawsuit have been fulfilled. 16. From at least 1995 until the present, Defendants have engaged in a pattern and practice ofunlawfuI employment practices at ATMI and Waubonsee in Aurora, Illinois in continuing violation of §703(a) and § 704 (a) of Title VII, 42 U’.S.C. §§ 2000e-2(a) and 2000e3(a). These unlawful employment practices include, but are not limited to: (a) paying a lower salary to Jose Urbina, Augustin Gonzalez and David Matin, and a

class of Hispanic employees, who perform field work for ATMI, compared to non-Hispanics; (b) requiring Jose Urbina, Augustin Gonzalez and David Marin, and a class of Hispanic employees to be physically present at the plant on a daily basis to receive their field assignments which does not allow them to earn union wages until they go to their assignments, unlike comparable non-Hispanic employees; (c) failing to take immediate and appropriate corrective action in response to complaints or other notice of discrimination on the basis of national origin; (d) retaliating against Jose Urbina, and Augustin Gor~zalez, for opposing practices made unlawful by Title VII; (e) refusing to hire and/or transfer a class of Hispanic ATMI empIoyees to Waubonsee in order to receive higher paying wages; and (f) causing a class of employees to resign their employment because of continued disparate treatment on the basis of their national origin, thus constructively discharging them. 17. The result of the practices complained of above has been to deprive Jose Urbina, Augustin Gonzalez, David Marin, and other Hispanic employees of equal employment opportunities and otherwise adversely affect their status as employees because of their national origin. 18. The unlawful employment practices complained of above were and are intentional, 19. The unlawful employment practices complained of in paragraph 16 were done with malice or with reckless indifference to the federally protected rights of Jose Urbina, Augustin Gonzalez and David Marin, and a class of Hispanic employees.

PRAYER FOR RELIEF WHEREFORE, the Commission requests that this Court: A. Grant a permanent injunction enjoining Defendants, their officers, successors, assigns, and all persons in active concert or participation with them, from engaging in any employment practices which discriminate on the basis of national origin or retaliation; B. Order Defendants to institute and carry out policies, practices and programs which provide equai employment opportunities for its employees regardless of national origin and for individuals who have opposed practices made unlawful by Title VII, and which eradicate the effects of its unlawful employment practices; C. Order Defendants to make whole Jose Urbina, Augustin Gonzalez and David Marin, and a class of Hispanic employees adversely affected by the unlawful practices alleged above by providing appropriate back pay with pre-judgment interest, in amounts to be determined at trial, and other affirmative relief necessary to eradicate the effects of the unlawful employment practices, including but not limited to rightful place reinstatement for a class of employees who were either discharged in retaliation for opposing practices made unlawful by Title VII or who were constructively discharged by Defendants; D. Order Defendants to make whole Jose Urbina, Augustin Gonzalez, David Marin and a class of individuals by providing compensation for past and future pecuniary losses resulting from the unlawful employment practices described in paragraph 16, above, in amounts to be determined at trial; E. Order Defendants to make whole Jose Urbina, Augustin Gonzalez, and David Marin and a class of individuals by providing compensation for past and future non-pecuniary losses resulting from the unlawful practices complained of in paragraph 16, above, including

emotional pain, humiliation, and inconvenience in amounts to be determined at trial;

E. Order defendants to pay punitive damages for its malicious and reckless conduct

described in paragraph 16 above, in amounts to be determined at trial;

Fo

Grant such further relief as this Court deems necessary and proper in the public

interest; and

G. Award the Commission its costs in this action.

JURY TRIAL DEMAND The Commission requests a jury trial on all questions of fact raised by the Complaint.
DATED this 28th day of September, 2001.
Respectfully submitted, Nicholas M. Inzeo Acting Deputy General Counsel Gwendolyn Young Reams Associate General Counsel Equal Employment Opportunity
Trial Attorney EQUAL EMPLOYMENT OPPORTUNITY
COMMISSION CHICAGO DISTRICT OFFICE 500 West Madison Street Suite 2800 Chicago, Illinois 60661 (312) 353-7722

Civil Cover Sheet

http://www.ilnd.uscourts.gov/PUBLIC/Forms/auto_js44.c

~

U~TED STATES DISTRICT COUR~~/ NORTHERN DISTRICT OF ILLINOIS
Civil Cover Sheet

This automated JS-44 conforms generally to the manual JS-44 approved by the Judicial Conference oft_he 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 pIeadings or other papers as required by law. This form is authorized for use only in the Northern District of Illinois.

Plaintiff(s): EQUAL EMPLOYMENT

Defendant(s):A.T.M.I. PRECAST, INC., & WAUBONSEE DEVELOPMENT COMPANY,

County of Residence:

~,~,~o,f Residence:

Plaintiffs Atty: Beth A. Miller

.~e’f~~c~.tty:

Equal Employment Opportunit~’,~

Commission

500 W. Madison, Suite 2800

Chicago, IL 60661

312-353-7722

Michael G. Cleveland, Esq.
Vedder Price Kaufman
Kammholz
222 N. LaSalte Street Chicago, IL 60601-1003

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

III. Citizenshio 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:

Title VII of the Civil Rights Act of 1964, as amended, 42 U,S.C. § 2000e et seq. ("Title VII") and Title I of the Civil Rights Act of
1991,42 U.S.C. § 1981a, to correct unlawful employment pra._~c~ticies.. on the basis of natioinal origin.

VII. Requested in Complaint Class Action:

Dollar Demand: Jury Demand: Yes

~ VIII. This case l~O-T--~refi

previously dismissed case.

Date:

~ ~

If any of this information is incorrect, please go back to the Civil Cover Sheet Input form using the Back button in your browser and

change it. Once correct, print this form, sign and date it and submit it with your new civil action. Note: You may need to adjust

the font size in your browser display to make the form print properly.

Revised: 06/28/00

1 ofl

9/28/01 10:36 AM

In the Matter of

U~TED STATES DISTRICT COUl~xj" NORTHERN DISTRICT OF ILLINOIS
Eastern Division

APPEARANCES ARE I-IEREB¥ FILED BY TI~ UNDERSIGNED AS ATTORNEY(S)

’
Beth A. MilEr

FIRM
Equal Employment Opportuni.t.y Commission

STREET ADDRESS

500 W. Madisp..n..~ Suite 2800

,,,

c~yi/,a~T~AcTFa-/gZlo? , IL 60661
IELEP F1ONE N~MBER
3 I2) 353-7722
IDENTIFICATION NUMBER (SEE ITEM 4 ON REVERSE)
ARDC No. 06203264

TRIAL ATTORNEY?

NAME - u~ I/I ~oh~ C. BIendffck~n

Equal E~ ~ployment Oppo~nity Commission
~~s
500 W. Madison, Suite 2800
CITYISTATUZIP
Chicago, IL 60661

TELEPI IONE NUMBER
(3_! _2_) 353-8551
IDENTIFICATION NUMBER (SEE ITEM 4 ON REVERSE)
ARDC No. 0i 187589

MEMEEROFTR1ALBAR?

YES [~

NO

TRIAL A’fffORNEY? DESIUNATED AS LOCAL COUNSEL?

YES YES
D

NOD NO ~

L ,~ual Employ..ment Opportunity Commission
S~E~ ADDR~S
500 W. Madison, Suite 2800
CITWSTAT~Z[P
Chicago, IL 60661
TELEPHONE NUMBER
(31~) 886-9124
IDENTIFICATION NUMBER (SEE ITEM 4 ON REVERSE)
ARDC No. 06210804
MEMBER OF TRIAL BAR?

DESIGNATED AS LOCAL COUNSEL? SIGNATURE

YES
(O)

HRM STREET ADDRES. S

:’ ~ ’J"-;. ,i..)

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CZ

TELEPHONE NUMBER IDENT[FICATION NUMBER (SEE ITEM 4 ON REVERSE)

MEMBEROFTR1ALBAR? TR1AL ATTORNEY? DESIGNATED AS LOCAL COUNSEL?

YES ~ YES ~ YES I~

NO NO ~ NO [~

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

UNITED STATES EQUAL EMPLOYMENT )

OPPORTUNITY COMMISSION,

)

)

Plaintiff,

)

)

v.

)

DKi\HH~ ~ A.T.M.I. PRECAST, INC. and

WAUBONSEE DEV COMPANY, INC.

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Defendant.

)

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Civil Action No. 01 C 7505 Judge Leinenweber
Magistrate Judge Bobrick

CONSENT DECREE

THE LITIGATION

I. Plaintiff Equal Employment Opportunity Commission (the "EEOC") filed this

action alleging that from at least 1995 to the present, Defendants ATMI Precast, Inc. (hereinafter

"ATMI") and Waubonsee Development Co., Inc.(hereinafter "Waubonsee") violated Section

703(a) and 704(a) of Title VII of the Civil Rights Act of 1964, as amended ("Title VII"), 42

U.S.C. § 2000e-2(a) and 42 U.S.C. § 2000e-3(a) by discriminating against Jose Urbina,

(hereinafter "Urbina"), Augustin Gonzalez, (hereinafter "Gonzalez"), David Marin (hereinafter

"Marin") and Rodolfo Chavez (hereinafter "Chavez") (hereinafter collectively "the Claimants")

on account of their national origin (Hispanic). Specifically, the EEOC alleged that Defendants

violated Title VII by paying a lower salary to a class of Hispanic employees who perform field

work for ATMI compared to non-Hispanics. EEOC also alleged that Defendants retaliated

against Charging Parties, Urbina and Gonzalez for opposing practices made unlawful by Title

VII. ATMI and Waubonsee deny 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"). This Decree fully and finally resolves any and al\ issues and claims arising out of the Complaint filed by the EEOC in this action. Nothing contained in this Decree shal\ be construed as an admission with respect to any of the claims of the suit. Nothing in this Decree shall be construed as an admission by either party as to the liability or non-liability of the Defendant.
FINDINGS 3. Having careful\y examined the terms 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 ofthe subject matter of this action and of the parties.
b. The terms of this Decree are adequate, fair, reasonable, equitable, and just. The rights of the parties, the Claimants and the public interest are adequately protected by this Decree.
c. This Decree conforms with the Federal Rules of Civil Procedure and Title VII and is not in derogation of the rights or privileges of any person. The entry of this Decree will further the objectives of Title VII and will be in the best interests of the parties, the Claimants and the public.
NOW, THEREFORE, IT IS ORDERED, ADJUDGED AND DECREED THAT: NON-DISCRIMINATION
4. ATMI and Waubonsee, their respective officers, agents (including management personnel), successors, and assigns will not unlawful\y discriminate on the basis of national

ongm. 5. For the duration of the period the Decree is in force, Waubonsee shall advertise
anticipated erector job openings by posting a prominently displayed notice in English and Spanish at the ATMI facility. The notice shall state the required qualifications and anticipated salary. Where the qualifications include union membership, the notice shall state the address and phone number of the applicable union hall where employees can find infonnation regarding obtaining the necessary qualifications. This paragraph shall not preclude Waubonsee from engaging in any other type of advertising or recruitment.
NON-RETALIATION 6. ATMI and Waubonsee, their respective officers, agents, employees, successors, assigns and all persons acting in concert with any of them shall not engage in any fonn of retaliation against any person because such person has opposed any practice made unlawful under Title VII, filed a Charge of Discrimination under Title VII, testified or participated in any manner in any investigation, proceeding, or hearing under Title VII, or asserted any rights under this Decree.
MONETARY RELIEF FOR CLAIMANTS 7. Within five (5) business days after entry of this Decree, the EEOC will mail to Claimants a copy of the Release Agreement attached as Exhibit A, and a copy of the letter attached as Exhibit B to this Decree. 8. Within five (5) business days after receipt by the EEOC of the signed Release Agreements, EEOC shall mail the Release Agreements to Michael G. Cleveland, Vedder, Price, Kaufman & Kammholz, 222 N. LaSalle St., Chicago, IL 60601. 9. Following receipt of the signed Release Agreements, Defendant will mail by

certified mail: on or before September 1,2002, a check payable to each claimant for 50% of the amount set forth opposite their name on Exhibit C; on or before November 1, 2002, a check payable to each claimant for 25% of the amount set forth opposite their name on Exhibit C; and on or before January 1,2003, a check payable to each claimant for 25% of the amount set forth opposite their name of Exhibit C. 50% of the total payments shall be in the nature of wages, less appropriate withholding for the employee's share of federal, state and local taxes, as applicable, and the other 50% of the total payments shall constitute damages for which a Form 1099 will issue. All such payments shall constitute full settlement of all Claimants' claims under Title VII of the Civil Rights Act of 1964 including underpayment of wages, which were or could have been asserted in this action.
POSTING OF NOTICE 10. Within five (5) business days after entry of this Decree, ATMI and Waubonsee shall post a same-sized copy of the Notice attached as Exhibit D to this Decree in a conspicuous locations easily accessible to and commonly frequented by Defendants' human resources personnel and employees. The Notice shall remain posted for three (3) years from the date of entry of this Decree. Defendants shall take all reasonable steps to ensure that the postings are not altered, defaced or covered by any other material. ATMI and Waubonsee shall certify to the EEOC in writing within ten (10) business days after entry of the Decree that the Notice has been properly posted. ATMI and Waubonsee shall permit a representative of the EEOC to enter ATMI and Waubonsee's premises for purposes of verifying compliance with this Paragraph at any time during normal business hours without prior notice.

RECORD KEEPING II. For a period of three (3) years following entry of this Decree, ATMI and Waubonsee shall maintain and make available for inspection and copying by the EEOC records of each request by an ATMI employee for employment at Waubonsee. These records shall include the employee's name, social security number, address, telephone number, date of request, position applied for, outcome ofrequest, and explanation of basis any requests which are denied. 12. ATMI and Waubonsee shall make all documents or records referred to in Paragraph II, above, available for inspection and copying within five (5) business days after the EEOC so requests. In addition, ATMI and Waubonsee shall make available all persons within its employ whom the EEOC reasonably requests for purposes of verifying compliance with this Decree and shall permit a representative of the EEOC to enter ATMI and Waubonsee's premises for such purposes on five (5) business days advance notice by the EEOC. 13. Nothing contained in this Decree shall be construed to limit any obligation ATMI and Waubonsee may otherwise have to maintain records under Title VII or any other law or regulation.
REPORTING 14. ATMI and Waubonsee shall furnish to the EEOC the following written reports semi-annually for a period of three (3) 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 sixty (36) months after entry of the Decree. Each such report shall contain:
a. A detailed summary of events recorded pursuant to paragraph II, above, occurring within the six month period preceding the report;

b. A certification by ATM! and Waubonsee that the Notice required to be posted in Paragraph 10, above, remained posted during the entire six (6) month period preceding the report.
DISPUTE RESOLUTION 15. 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 16. All provisions ofthis Decree shall be in effect (and the Court will retain jurisdiction ofthis matter to enforce this Decree) for a period of three (3) years immediately following entry of the Decree, provided, however, that if, at the end of the three (3) year period, any disputes under Paragraph 15, above, remain unresolved, the parties agree that the term of the Decree may be extended by order of the Court (and the Court will retain jurisdiction of this matter to enforce the Decree) until such time as all such disputes have been resolved.
MISCELLANEOUS PROVISIONS 17. Each party to this Decree shall bear its own expenses, costs and attorneys' fees. 18. The terms of this Decree are and shall be binding upon the present and future representatives, agents, directors, officers, assigns, and successors of ATMI and Waubonsee. 19. When this Decree requires the submission by ATMI and Waubonsee ofreports,

certifications, notices, or other materials to the EEOC, they shall be mailed to: ATMI and Waubonsee Settlement, c/o Beth A. Miller, Trial Attorney, Equal Employment Opportunity Commission, 500 West Madison Street, Suite 2800, Chicago, Illinois, 60661. When this Decree requires submission by the EEOC of materials to ATMI and Waubonsee, they shall be mailed to: Michael G. Cleveland, Vedder, Price, Kaufman and Kammholz, 222 North LaSalle St., Chicago, IL 60601.

For the EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
1801 L Street, N.W. Washington, D.C. 20507
Nicholas Inzeo Acting Deputy General Counsel
Gwendolyn Young Reams Associate General Counsel
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
500 West Madison Stre~L_ Suite 2800

Vedder, Price, Kaufman and Karnmholz 222 North LaSalle Street Chicago, IL 60601.

Trial Attorney DATE:

able Harry D. Leinenweber United States District Judge

EXHIBIT A
RELEASE AGREEMENT 1,________, for and in consideration of the sum of $_______, payable to me pursuant to the terms of the Consent Decree entered by the Court in EEOC v. ATMI Precast, Inc. and Waubonsee Development Co., Inc., No. 01 C 7505 (N.D. Ill.), on behalf of myself, my heirs, assigns, executors, and agents, do hereby forever release, waive, remise, acquit, and discharge ATMI Precast, Inc. ("ATMI") and Waubonsee Development Co., Inc. (nWaubonseen), and all past and present shareholders, officers, agents, employees, and representatives and affiliates of ATMI and Waubonsee, as well as all successors and assignees of ATMI and Waubonsee, from any and all claims and causes of action which I now have or ever have had under Title VII of the Civil Rights Act of 1964 as a result of or arising from the conduct alleged by Plaintiff in its complaint, including underpayment of wages, which were or which could have been asserted in EEOC v. ATMI Precast Inc., and Waubonsee Development Co., Inc., No. 01 C 7505 (N.D. Ill.).
Date

_ _ _ _ _ _ _ _,2002

EXHIBITB

Re: EEOC v. ATMI Precast Inc., and Waubonsee Development Co., Inc. No. 01 C 7505 (N.D. Il\.)

Dear Mr.

A Consent Decree resolving the above-referenced lawsuit was signed by the parties and entered by

the Court on

, 2002. Pursuant to the terms of the Consent Decree, enclosed you will find

a copy of a Release to be signed by you.

In order to obtain any monetary relief under the Consent Decree in this case, you must sign the Release and return it to me. Please mail the signed Release to me as soon as possible at the following address:

Beth A. Miller Equal Employment Opportunity Commission 500 West Madison Street Suite 2800 Chicago, Illinois 60661

I have enclosed a pre-addressed envelope for your convenience. You may, of course, wish to make and keep a copy of the signed Release for your own records.

If you have any questions about the Release or cannot sign and return the enclosed documents within seven days, please contact me at (312) 353-7722.

Sincerely,

EncIs.

Beth A. Miller Trial Attorney

Jose Urbina Augustin Gonzalez David Marin Rodolfo Chavez

EXHIBITC

$

40,000

$

40,000

$

40,000

$

12,500

EXHIBIT D
NOTICE TO ALL ATMI PRECAST AND WAUBONSEE DEVELOPMENT COMPANY EMPLOYEES
This Notice is being posted pursuant to a Consent Decree entered by the federal court in EEOC v. ATMI Precast, Inc., and Waubonsee Development Company, Inc., settling a lawsuit filed by the Equal Employment Opportunity Commission ("EEOC") against ATMI Precast, Inc. ("ATMI") and Waubonsee Development Company, Inc.("Waubonsee").
In its suit, the EEOC alleged that ATMI and Waubonsee discriminated against former or current employees due to their national origin (Hispanic) in violation of Section 703(a) and Section 704(a) of Title VII of the Civil Rights Act of 1964. ATMI and Waubonsee deny these allegations.
To resolve the case, ATMI and Waubonsee and the EEOC have agreed to and the Court has entered a Consent Decree which requires, among other things, that:
1) ATMI and Waubonsee will pay monetary relief to a class of former or current employees;
2) ATMI and Waubonsee will not unlawfully discriminate on the basis of national origin;
3) ATMI and Waubonsee will not retaliate against any person because s/he opposed any practice made unlawful by Title VII, filed a Title VII charge of discrimination, participated in any Title VII proceeding, or asserted any rights under the Consent Decree.
The EEOC enforces the federal laws against discrimination in employment on the basis of religion, race, color, national origin, sex, age and disability. If you believe you have been discriminated against, you may contact the EEOC at (312) 353-8195. The EEOC charges no fees and has employees who speak languages other than English.
THIS IS AN OFFICIAL NOTICE AND MUST
This Notice must remain posted for three year from the ate below and must not be altered, defaced or covered by any other material. Any que ions abo this Notice or compliance with its terms may be directed to: ATMI and Waubonsee ettlemen, EEOC 500 West Madison Street, Suite 2800, Chicago, Illinois 60661.
onorable Harry D. Leinenweber United States District Judge

 
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BOBRICK, TERMED
United States District Court Northern District of Illinois - CM/ECF LIVE, Ver 3.0 (Chicago)
CIVIL DOCKET FOR CASE #: 1:01-cv-07505

EEOC v. ATMI Precast, et al Assigned to: Hon. Harry D. Leinenweber Demand: $0 Cause: 42:2000e Job Discrimination (Employment)

Date Filed: 09/28/2001 Date Terminated: 08/21/2002 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

Plaintiff
Equal Employment Opportunity Commission

represented by Beth A. Miller Pontikes & Garcia 111 West Washington Street Suite 1221 Chicago, IL 60610 (312) 464-1440 Email: bmiller@pontikeslaw.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

Ethan M.M. Cohen United States Equal Employment Opportunity Commission 500 West Madison Street Suite 2800 Chicago, IL 60661 (312) 353-7568 Email: ethan.cohen@eeoc.gov ATTORNEY TO BE NOTICED

Gregory M. Gochanour United States Equal Employment Opportunity Commission 500 West Madison Street Suite 2800 Chicago, IL 60661 (312) 886-9124 Email: gregory.gochanour@eeoc.gov TERMINATED: 10/30/2001

John C. Hendrickson United States Equal Employment Opportunity Commission 500 West Madison Street Suite 2800 Chicago, IL 60661

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V. Defendant ATMI Precast
Defendant Waubonsee Development Company, Inc

(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
represented by Michael G. Cleveland Vedder, Price Kaufman & Kammholz, P.C. 222 North LaSalle Street Suite 2600 Chicago, IL 60601 (312) 609-7500 Email: mcleveland@vedderprice.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Aaron Robert Gelb Vedder, Price Kaufman & Kammholz, P.C. 222 North LaSalle Street Suite 2600 Chicago, IL 60601 (312) 609-7500 Email: agelb@vedderprice.com ATTORNEY TO BE NOTICED
represented by Michael G. Cleveland (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Aaron Robert Gelb (See above for address) ATTORNEY TO BE NOTICED

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Date Filed 09/28/2001
10/24/2001 10/30/2001
10/30/2001 11/01/2001 11/19/2001 11/19/2001 11/27/2001 11/27/2001 03/08/2002 03/11/2002 03/14/2002
06/19/2002 07/18/2002 08/21/2002

#

Docket Text

1 COMPLAINT; jury demand - Civil cover sheet - Appearance(s) of John C. Hendrickson, Gregory M. Gochanour, Beth A. Miller as attorney(s) for plaintiff ( no summons(es) issued.) ( Documents: 1-1 through 1-3) (yap) (Entered: 09/28/2001)
2 MOTION by plaintiff to withdraw attorney the appearance of Gregory Gochanour , and to substitute attorney Noelle Brennan ; Notice. (yp) (Entered: 10/31/2001)
3 MINUTE ORDER of 10/30/01 by Hon. Harry D. Leinenweber : Plaintiff's motion to withdraw attorney the appearance of Gregory Gochanour [2-1] and substitute in his place, Noelle Brennan is granted [2-2]. Discovery cut-off date set for 3/31/02. Status hearing set for 4/2/02 at 9:00 a.m. No notice (yp) (Entered: 10/31/2001)
4 ATTORNEY APPEARANCE for plaintiff by Noelle Brennan. (yp) (Entered: 10/31/2001)
5 WAIVER of service of summons as to defendants sent on 9/28/01. (cdy) (Entered: 11/02/2001)
6 ATTORNEY APPEARANCE for defendant ATMI Precast by Michael G. Cleveland, Aaron Robert Gelb. (vmj) (Entered: 11/20/2001)
7 ATTORNEY APPEARANCE for defendant Waubonsee Dev Co Inc by Michael G. Cleveland, Aaron Robert Gelb. (vmj) (Entered: 11/20/2001)
8 ANSWER by defendant Waubonsee Dev Co Inc to complaint [1-1]. (vmj) (Entered: 11/28/2001)
9 ANSWER by defendant ATMI Precast to complaint [1-1]. (vmj) (Entered: 11/28/2001)
10 ATTORNEY APPEARANCE for plaintiff by Ethan M.M. Cohen; Notice. (vmj) (Entered: 03/11/2002)
11 MOTION by plaintiff for enlargement of time to conduct discovery ; Notice. (vmj) (Entered: 03/19/2002)
12 MINUTE ORDER of 3/14/02 by Hon. Harry D. Leinenweber: Status hearing reset for 7/2/02 at 9:00 a.m. Plaintiff's motion for enlargement of time to conduct discovery is granted [11-1]. Discovery extended to 6/30/02. No notice (vmj) (Entered: 03/19/2002)
SCHEDULE set on 6/19/02 by Hon. Harry D. Leinenweber : Status hearing reset to July 18, 2002 at 9:00 a.m. Mailed notice (wp) (Entered: 06/19/2002)
SCHEDULE set on 7/18/02 by Hon. Harry D. Leinenweber : Status hearing reset to August 21, 2002 at 9:00 a.m. Mailed notice (wp) (Entered: 07/19/2002)
13 MINUTE ORDER of 8/21/02 by Hon. Harry D. Leinenweber: Status hearing held. (Entered COnsent Decree) terminating case Mailed notice (vmj) (Entered: 08/23/2002)

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