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

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,

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Plaintiff,

i0JE~~[~ COHN

HONORABLE

v.
MAGISTRATE JUDGE SCHEER.

PREMIER LOGISTICS, INC.,

COMPLAINT AND IURY TRIAL DEMAND

Defendant.
______________________~I

....

NATURE OF THE ACTION

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This is an action under Title VII of the Civil Rights Act of 1964, and',T:.i.t..l'eI L1'> of~ - I

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

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_ - to provide appropriate relief to Jamila Butler, who was adversely affected by s~.~. :;;:.,: -

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practices. As alleged with greater particularity in paragraph 7, the United States Equal"

Employment Opportunity Commission ("Commission" or "EEOC) alleges that Premier

Logistics, Inc. ("Defendant" or "Employer") terminated Butler's employment after learning

that she was pregnant.

IURISDICTION 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

706(1)(1) and (3) of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.c. §

2000e-5(1)(1) and (3) and Section 102 of the Civil Rights Act of 1991, 42 U.S.c. § 1981a.

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

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jurisdiction of the United States District Court for the Eastern District of Michigan, Southern Division.
PARTIES 3. Plaintiff, EEOC is the 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 Section 706(f)(1) and (3) ofTitle 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 the State of Michigan and City of Romulus, and has continuously had at least 15 employees. 5. At all relevant times, Defendant 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 days before the institution of this lawsuit, Butler filed a Charge of Discrimination with the Commission alleging violations ofTitle VII by the Defendant. All conditions precedent to the institution of this lawsuit have been fulfilled. 7. Since September 2000, the Defendant has engaged in unlawful employment practices at its Romulus, Michigan location, in violation of Section 703 of Title VII, 42 U.s.c. §2000e-(2). These practices include, but are not limited to, terminating Butler's employment after learning that she was pregnant. 8. The effect of the practices complained of in paragraph 7 above has been to deprive Butler of equal employment opportunities and otherwise affect her status as an
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employee because of her sex.

9.

The unlawful employment practices complained of in paragraph 7 above

were intentional.

10. The unlawful employment practices complained of in paragraph 7 above

were done with malice and reckless indifference to the federally protected rights of Butler.

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

discriminating against individuals based upon sex.

B. ORDER Defendant to provide mandatory training regarding Title VII and its

prohibition against pregnancy discrimination to all management and non-management

employees at its Romulus, Michigan facility.

C. ORDER Defendant Employer to make whole Butler, by providing appropriate

and other affirmative relief to eradicate the effect of its unlawful employment practices

including, but not limited to, reinstating Butler as a Dock Worker, restoring her seniority

and fringe benefits, and providing compensation for pecuniary losses resulting from the

unlawful employment practices complained of in paragraph 7.

D. Order Defendant Employer to make whole Butler, by providing appropriate

back pay with prejudgment interest, in amounts to be determined at trial, and other

affirmative relief necessary to eradicate the effects of its unlawful employment practices.

E. ORDER Defendant Employer to make whole Butler, by providing nominal

damages and compensation for past and future non-pecuniary losses resulting from the

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unlawful employment practices complained of in paragraph 7 including, but not limited to, emotional pain, suffering, and loss of enjoyment of life, in amounts to be determined at trial.
F. ORDER Defendant Employer to pay punitive damages for its malicious and reckless conduct described in paragraph 7 above, in amounts to be determined at trial.
G. GRANT such further relief as the court deems necessary and proper in the public interest.
H. AWARD the Commission its costs of this action. IURY TRIAL DEMAND
The Commission requests a jury trial on all questions of fact raised by its Complaint.
NICHOLAS M. INZEO Acting Deputy General Counsel EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 1801 "L" Street, N.W. Washington, D.C. 20507
Dated: September 25, 2002
STANLEY H. PITTS (P33519) Supervisory Trial Attorney KRYSTAL GARDNER (P54495) Trial Attorney DETROIT DISTRICT OFFICE Patrick V. McNamara Federal Building 477 Michigan Avenue, Room 865 Detroit, MI 48226 (313) 226-7808
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 .,... • •

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff,
v.
PREMIER LOGISTICS, INC.,
Dcfcndant. /
ADELE RAPPORT (P44833) ROBERT K. DAWKINS(P38289) TRINA MENGESHA (P59458) EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Attol1lcys for Plaintiff 477 Michigan Avc., Room 865 Dctroi t, MI. 48226 (313) 226-4620

CIVIL ACTION NO. 02-73837 HONORABLE AVERN COHN

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CLERK'S OFFICE U.S. DISTRICT COURT

TIMOTHY CARROLL DYKEMA GOSSETT, PLLC

Attol1lcys for Dcfcndant

315 E. Eisenhower Pkwy.

Suitc 100

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Ann Arbor, MI 48108-3306

(734) 214-7650

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CONSENT DECREE

1. Plaintiff, the United States Equal Employment Opportunity Commission (the "Commission"), commenced this action on September 25, 2002, in the United States District Court for the Eastern District of Michigan, Southern Division, alleging that the Defendant, Premier Logistics, Inc. ("Premier"), engaged in unlawful employment practices against Jamila Butler by discriminating against her on the basis of her pregnancy, in violation of Title VII of the Civil Rights Act ("Title VII") of 1990 and Title I of the Civil Rights Act of 1991.
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2. As a result of settlement discussions, the Commission and the Defendant 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 against the Defendants or which might have been alleged against the Defendants in the Complaint. All parties understand and agree that Jamila Butler must execute the release attached as exhibit A before payment to her of the funds
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descri bed in paragraPh/hereof. STIPULATED FACTS
3. The Commission is the agency of the United States government authorized by Title VII to investigate allegations of unlawful employment discrimination against pregnant women and to bring civil actions to prohibit unlawful practices, and to seek relief for individuals affected by such practices.
4. Pursuant to Title VII, the parties acknowledge the jurisdiction of the United States District Court for the Eastern District of Michigan, Southern Division, over the subject matter and the parties to this case for the purpose of entering this Consent Decree and, if necessary, for enforcing this Consent Decree.
5. Venue is appropriate in the Eastern District of Michigan, Southern Division. For purposes of this Consent Decree and any proceedings related to this Consent Decree only, the Defendant agrees that all statutory conditions precedent to the institution of this lawsuit against Premier has been fulfilled.
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FINDINGS 6. I-laving examined the terms and provisions of the Consent Decree and based on the pleadings, records, and stipulations of the parties, the Court finds the following:
a. The Court has jurisdiction over the subject matter of the action and the parties to this action.
b. The terms and provisions of this Consent Decree are fair, reasonable, and just. The rights of the Defendant and the Commission are protected adequately by this Consent Decree.
c. This Consent Decree conforms with the Federal Rules of Civil Procedure and Title VII, and is not in derogation of the rights and privileges of any person. The entry of this Consent Decree will further the objectives of Title VII and other applicable law and will be in the best interests of the parties and those for whom the Commission seeks relief. NOW, THEREFORE, IT IS HEREBY ORDERED, ADJUDGED AND DECREED AS FOLLOWS:
NON-ADMISSION 7 _ This Consent Decree, being entered with the consent of the Commission and the Defendant, shall not constitute an adjudication or finding on the merits of the case and shall not be construed as an admission by the Defendant of any violation of Title VII or any other law, rule or regulation dealing with or in connection with equal employment opportunities. Similarly, consent to performance under this Consent Decree by the Commission does not constitute an
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admission that any claim asserted by it in this lawsuit was not valid or that any defense of the

Defendant was valid.

NON-DISCRIMINATION

8. The Defendant, 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 USC § 12101 et seq., with regard to discrimination against pregnant women.

NON-RETALIATION

9. The Defendant 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 because of the filing of Charge No. 230-A1-0003 with the Commission, 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.

MONETARY COMPENSATION

10. Defendant shall pay Jamila Butler the sum of twenty-five thousand dollars

($25,000), subject to all applicable tax withholdings. This monetary compensation shall be paid

in one check made payable to Jamila Butler, 35490 Smith, Romulus, MI48174. Premier shall

mail this payment to Jamila Butler by overnight mail no later than fifteen (15) days of entry of this

decree with the court. Premier shall mail copies of the check and the certified mail receipt to

Adele Rapport, Regional Attorney, 477 Michigan Avenue, Suite 865, Detroit, Michigan 48226.

The Commission shall have the right to monitor compliance with this paragraph through inspection

of all documents relating to said disbursement, including but not limited to, a copy of the check,

check stub, return receipt, letters, and any other documents evincing payment hereunder.

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TRAINING AND/OR EDUCATIONAL PROGRAMS

11. Plaintiff recognizes that training is not appropriate in this case as Defendant is not

currently operating, conducting business or employing any individuals. Under these circumstances

Plaintiff is not requiring the usual training provisions.

POSTING OF NOTICE

12. Plaintiff recognizes that notice positing is not appropriate in this case as Defendant

is not currently operating, conducting business or employing any individuals. Under these

circumstances Plaintiff is not requiring the usual posting provisions.

DURATION

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1we1r/ev' II"

13. This Consent Decree shall remain in effect for twcnty fOUl (24) months.

DISPUTE RESOLUTION AND COMPLIANCE

14. The Court shall retain jurisdiction and will have all available equitable powers,

including injunctive relief, to enforce this Consent Decree. Upon motion of any party, the

Court may schedule a hearing for the purpose of reviewing compliance with this Consent

Decree. The parties shall engage in a good faith effort to resolve any dispute as to compliance

prior to seeking review by the Court, and shall be required to give notice to each other ten (10)

days before moving for such review. All parties may conduct expedited discovery under the

Federal Rules of Civil Procedure for purposes of determining compliance with this Consent

Decree or defending against a claim of non-compliance, with tifteen (15) business days notice

for depositions, entry to premises and access to documents and, with fifteen (15) business days

for responses to written discovery.

MISCELLANEOUS

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17. Except as expressly provided herein, all parties shall bear their own costs and expenses of litigation, including attorney fees.
18. This Consent Decree constitutes the entry of final judgment, within the meaning of Rule 54 of the Federal Rules of Civil Procedure, 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 orders interpreting and enforcing this judgment.
19. If any provision(s) of this Consent Decree is found to be unlawful, only the specitic provisions) in question shall be affected and the other provisions will remain in full force and effect.
20. The terms of this Consent Decree are and shall be binding upon the present and
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future owners, ~ successors of the Defendant. 21. This Consent Decree 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 authorized representatives of the Defendant and the Commission.
22. When this Consent Decree requires or permits the submission by the Defendant of any documents to the Commission, if not otherwise indicated in the Decree, they shall be mailed by certified mail to: Adele Rapport, Regional Attorney, EEOC, Detroit District Office, 477 Michigan Avenue, Suite 865, Patrick V. McNamara Building, Detroit, Michigan 48226.
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MM,/IR
SOORDEREDthisthe_d,yof

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HON. AVERN COl-IN United States District Judge
WE HEREBY CONSENT: EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
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TIMOTHITARROLL DYKEMA GOSSETT, PLLC 315 E. Eisenhower Pkwy. Suite 100 Ann Arbor, MI4S10S-3306

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

https://ecf.mied.uscourts.gov/cgi-bin/DktRpt.pl?760584989604124-L_3...

U.S. District Court Eastern District of Michigan (Detroit) CIVIL DOCKET FOR CASE #: 2:02-cv-73837-AC

CLOSED, DAS

EEOC v. Premier Logistics Assigned to: Honorable Avern Cohn Demand: $0
Plaintiff Equal Employment Opportunity Commission
V. Defendant Premier Logistics, Incorporated

Date Filed

#

Date Filed: 09/25/2002 Date Terminated: 03/17/2003 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff
represented by Krystal M. Gardner 645 Griswold Suite1300 Detroit, MI 48226 313-999-9713` LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Claire S. Harrison Dykema Gossett 2723 S. State Street Suite 400 Ann Arbor, MI 48104-6188 734-214-7660 Email: charrison@dykema.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Timothy K. Carroll Dykema Gossett (Ann Arbor) 2723 S. State Street Suite 400 Ann Arbor, MI 48104 734-214-7660 Fax: 734-214-7660 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Docket Text

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

https://ecf.mied.uscourts.gov/cgi-bin/DktRpt.pl?760584989604124-L_3...

09/25/2002 11/18/2002 11/18/2002 11/21/2002 12/11/2002 01/09/2003 03/17/2003

1 COMPLAINT; jury demand (PP) (Entered: 09/26/2002)
2 ANSWER by defendant to complaint [1-1] with proof of service (PP) (Entered: 11/22/2002)
2 AFFIRMATIVE defenses by defendant (PP) (Entered: 11/22/2002)
3 NOTICE by Judge Cohn's chambers of setting civil status conference for 2:00 12/10/02 with proof of service. (PP) (Entered: 11/26/2002)
4 NOTICE by the Court setting civil status conference for 2:00 1/7/03 , with proof of service. (RH) (Entered: 12/12/2002)
5 NOTICE by Judge Cohn's chambers of continued civil status conference for 2:00 2/11/03 with proof of service. (PP) (Entered: 01/10/2003)
6 CONSENT decree entered by Judge Avern Cohn [EOD Date: 3/19/03] (ew) (Entered: 03/19/2003)

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