~--~~~~--~~-~~~~~----------------------

Case 8:01-cv-01075-RAL Document 1 Filed 06/06/2001 Page 1 of 5

~ f\LEO

~ FLORID,;~ \2~ IN THE UNITED STATES DISTRICT COURT

FOR THE MIDDLE DISTRICT OF

01

TAMPA DIVISION

0' .. -'

" .

EQUAL EMPLOYMENT OPPORTUNITY

)

COMMISSION,

)

)

Plaintiff,

)

)

v.

)

)

APPLIED INDUSTRIAL TECHNOLOGIES, INC.

)

and APPLIED INDUSTRIAL TECHNOLOGIES-DIXIE, )

INC. fIkIa BEARINGS, INC. and DIXIE-BEARINGS, )

INC.,

)

)

Defendants.

)

-----------------------------------)

CIVIL ACTION NO.:
8:DI-c,v- ID75 -~ J£p fA!"
COMPLAINT JURY TRIAL DEMAND INJUNCTIVE RELIEF SOUGHT

NATURE OF THE ACTION This is an action under the Age Discrimination in Employment Act of 1967, as amended (the "ADEA"), to correct unlawful employment practices on the basis of age and to provide appropriate relief to Raymon Harrell and Jaime Rodriguez and similarly situated individuals who were also affected by those unlawful employment practices. As stated with greater particularity in paragraph 7 below, the Equal Employment Opportunity Commission (the "Commission") alleges that since at least January of 1995, Defendants, Applied Industrial Technologies, Inc. and Applied Industrial Technologies-Dixie, Inc. fIkIa Bearings, Inc. and Dixie-Bearings, Inc, violated the ADEA when they laid off or discharged Messrs. Harrell and Rodriguez and similarly situated individuals from their respective positions on the basis of their age and replaced them with, or assigned their duties to, younger employees.

\

Case 8:01-cv-01075-RAL Document 1 Filed 06/06/2001 Page 2 of 5
JURISDICTION AND VENUE 1. 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 Section 7(b) of the Age Discrimination in Employment Act of 1967, as amended, 29 U.S.C. § 626(b) (the "ADEA"), which incorporates by reference Section 16(c) of the Fair Labor Standards Act of 1938 (the "FLSA"), as amended, 29 U.S.C. § 216(c). 2. The employment practices alleged to be unlawful were committed within the jurisdiction ofthe United States District Court for the Middle District of Florida, Tampa 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 of the ADEA and is expressly authorized to bring this action by Section 7(b) of the ADEA, 29 U.S.C. § 626(b), as amended by Section 2 ofReorganization Plan No.1 of1978, 92 Stat. 3781, and by Public Law 98-532 (1984), 98 Stat. 2705. 4. At all relevant times, Defendants Applied Industrial Technologies, Inc. and Applied Industrial Technologies-Dixie, Inc., fIkIa, Bearings, Inc. and Dixie-Bearings, Inc. (the "Employer"), have continuously been doing business in the State of Florida and the City of Tampa, and has continuously had at least 20 employees. 5. At all relevant times, Defendant Employer has continuously been an employer engaged in an industry affecting commerce within the meaning ofSections 11(b), (g) and (h) ofthe ADEA, 29 U.S.C. §§ 630(b), (g) and (h).
CONCILIATION 6. Prior to institution of this lawsuit, the Commission's representatives attempted to

Case 8:01-cv-01075-RAL Document 1 Filed 06/06/2001 Page 3 of 5
eliminate the unlawful employment practices alleged below and to effect voluntary compliance with the ADEA through infonnal methods ofconciliation. conference and persuasion within the meaning of Section 7(b) ofthe ADEA. 29 U.S.C. § 626(b)
STATEMENT OF CLAIMS 7. Since at least January 1. 1995. the Defendant Employer engaged in unlawful employment practices at its facilities in Florida in violation ofSection 4(a) ofthe ADEA. 29 U.S.C. § 623(a), by laying off or discharging Raymon Harrell and Jaime Rodriguez and similarly situated individuals. because of their age. (a) Raymon Harrell and Jaime Rodriguez were over the age of40 during
the relevant time period and were experienced. long-term employees who were qualified for the positions they held with the Defendant Employer or for other positions available with the Defendant Employer at the time of their layoff or discharge. (b) Raymon Harrell and Jaime Rodriguez were subjected to either layoff or discharge by the Defendant Employer. (c) Raymon Harrell and Jaime Rodriguez were either replaced by or had their duties assigned to significantly younger individuals who were hired or retained by the Defendant Employer. (d) Other similarly situated employees ofthe Defendant Employer were over the age of 40 during the relevant time period; were qualified for the positions they held with the Defendant Employer or for other positions available with the Defendant Employer
3

Case 8:01-cv-01075-RAL Document 1 Filed 06/06/2001 Page 4 of 5
at the time oftheir layoff or discharge; were subjected to either layoff or discharge by the Defendant Employer; and were all either replaced by or had their duties assigned to significantly younger individuals who were hired or retained by the Defendant Employer. 8. The effect ofthe practices complained of in paragraph 7 above has been to deprive Raymon Harrell and Jaime Rodriguez and similarly situated individuals of equal employment opportunities and otherwise adversely affect their status as employees because of their age. 9. The unlawful employment practices complained ofin paragraph 7 above were willful within the meaning of Section 7(b) ofthe ADEA, 29 U.S.C. § 626(b).
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 policies and/or practices ofremoving, laying offor discharging individuals because oftheir age, or engaging in any other employment practices which discriminate on the basis of age against individuals 40 years of age and older. B. Order Defendant Employer to institute and carry out policies, practices and programs which provide equal employment opportunities for individuals 40 years ofage and older, and which eradicate the effects of its unlawful employment practices. C. Grant a judgment requiring Defendant Employer to pay appropriate back wages in an amount to be determined at trial, and an equal sum as liquidated damages and prejudgment
4

Case 8:01-cv-01075-RAL Document 1
"--

Filed 06/06/2001 Page 5 of 5

interest to individuals whose wages are being unlawfully withheld as a result ofthe acts complained of above, including but not limited to, paying wages to Raymon Harrell and Jaime Rodriguez and similarly situated individuals.
D. Order Defendant Employer to make whole all individuals adversely affected by the unlawful practices described above, by providing the affirmative relief necessary to eradicate the effects of its unlawful practices, including but not limited to reinstatement, rightful-place hiring or rehiring and/or front pay for Raymon Harrell and Jaime Rodriguez and similarly situated individuals.
E. Grant such further relief as the Court deems necessary and proper in the public interest.
F. Award the Commission its costs of this action.
JURy TRIAL DEMAND The Commission requests a jury trial on all questions of fact raised by its complaint.
GWENDOLYN YOUNG REAMS Associate General Counsel DELNER FRANKLIN-THOMAS

Supervisory al Attorney Florida No. 0053228

EQUAL EMPLOYMENT OPPORTUNITY

COMMISSION

2 S. Biscayne Blvd., #2700

Miami, FL 33131

·1,

(305) 530-6008

(305) 536-4494

5

 
 Case 8:01-cv-01075-RAL Document 2 Filed 06/08/2001 Page 1 of 20

'-../

~~D

IN THE UNITED STATES DISTRICT COURT

@

FOR THE MIDDLE DISTRICT OF FLORIDA n 1 I:~'I; - S PI I\'~: \ 5

TAMPA DIVISION

' '"

• I C" ! ~

EQUAL EMPLOYMENT OPPORTUNITY

)

COMMISSION,

)

)

Plaintiff,

)

)

v.

)

)

APPLIED INDUSTRIAL TECHNOLOGIES, INC. )

and APPLIED INDUSTRIAL TECHNOLOGIES- )

DIXIE, INC. flkIa BEARINGS, INC. AND DIXIE- )

BEARINGS, INC.,

)

)

Defendants.

)

-------------------------------)

B: CIVIL ACTION NO.: 01'" tv ~ I D-, 5 - T-
2~EAJ

CONSENT DECREE

1. This Consent Decree (the "Decree") is made and entered into by and between Plaintiff, the

Equal Employment Opportunity Commission (hereinafter referred to as the "Commission"

or "EEOC"), and Defendants, Applied Industrial Technologies, Inc. and Applied Industrial

Technologies-Dixie, Inc. £'k/a Bearings, Inc. and Dixie Bearings, Inc. ("Applied"). The

Commission and Applied are collectively referred to herein as the "Parties".

an£:,,, ~Jg;J' 2.

the Commission initiated suit against Applied in the United States District

-1 - Court for the Middle District of Florida, Tampa Division, Civil Action No.: r.'fJl- CV- /olr
.:It £'lfJ
based upon charges filed by Raymon Harrell (EEOC Charge No.: 151 960613) and Jaime

Rodriguez (EEOC Charge No.: 151 97 1791) (collectively the "Charging Parties"). The

Complaint alleges that Applied violated The Age Discrimination in Employment Act of

1967, as amended (the "ADEA"), 29 U.S.C. Section 623(a), when it laid off or discharged

Case 8:01-cv-01075-RAL Document 2 Filed 06/08/2001 Page 2 of 20
the Charging Parties, and similarly situated individuals throughout the state of Florida, on the basis oftheir age and replaced them with, or assigned their duties to, younger individuals. 3. Applied denies that its actions were unlawful or discriminatory in any way. 4. In the interests 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 the entry of this Consent Decree. This Decree is final and binding upon the Parties, their successors and assigns. 5. The Parties agree that this Decree resolves all claims arising out of, or based on EEOC Charge Numbers 151 960613 and 151971791, and constitutes a complete resolution of all claims that were or could have been made by the Commission in the Complaint filed in this action. 6. This Decree constitutes the complete agreement between the EEOC and Applied with respect to the matters referred to herein. No representations or inducements to compromise this action have been made, other than those recited or referenced in this Decree. No waiver, modification or amendment of any provision of this Decree shall be effective unless made in writing, approved by all parties to this Decree and approved by the Court or ordered by the Court. NOW, THEREFORE, the Court having carefully examined the terms and provisions ofthis Decree, and based on the pleadings filed by the parties, it is ORDERED, ADJUDGED AND DECREED THAT: 7. This Court has jurisdiction of the subject matter of this action and over the parties for the purposes of entering and enforcing this Decree.
2

Case 8:01-cv-01075-RAL Document 2 Filed 06/08/2001 Page 3 of 20
GENERAL INJUNCTIVE PROVISIONS 8. Defendant Applied, its officers and/or employees, are enjoined from engaging in conduct
which violates the ADEA by adversely affecting the terms and conditions ofany individual's employment or by discharging or laying off an employee in the state of Florida because of the age of that individual.
AGE DISCRIMINATION POLICY AND TRAINING 9. Defendant Applied shall maintain the Policy Against Age Discrimination attached hereto as
Exhibit A and shall ensure that it is issued to: (a) all current Florida employees within thirty (30) days ofthe entry ofthis Decree and; (b) all new Florida employees within ten (10) days of employment. 10. Defendant Applied agrees that all of the Territory, Regional, and Operations Managers employed in the state of Florida shall be given training on the requirements of the ADEA, with specific emphasis on the proper procedure to be followed in the event that a layoff becomes necessary. The training shall be conducted and/or directly supervised by a qualified labor and employment law attorney with knowledge and experience in enforcement and application of equal employment opportunity laws. It shall be at least four (4) hours in duration. The initial training will be conducted by and at the direction ofApplied Labor and Employment Counsel Joseph D. King and must be completed within one hundred and eighty (180) days ofthe entry ofthis Decree. Thereafter, training will be conducted once annually throughout the duration of this Decree. Applied agrees to provide the EEOC at least two weeks notice before it conducts its training sessions, with the dates and locations of the
training, copies of all training materials to be used at the training session, and a list of the
3

Case 8:01-cv-01075-RAL Document 2 Filed 06/08/2001 Page 4 of 20
names and titles of each employee who will be in attendance at the training. Additionally, Applied agrees that the EEOC shall, at the EEOC's discretion, be in attendance at the training sessions. 11. Defendant Applied agrees that the training described in Paragraph 10 shall be given to all new Territory, Regional and Operations Managers to be employed in the state of Florida within sixty (60) days of being placed in a management or supervisory position.
POSTING 12. Defendant Applied agrees to post and keep posted the Notice attached hereto as Exhibit B.
The Notice shall be posted at all of Defendant Companies' facilities in the state of Florida in a conspicuous location accessible to all employees.
MONETARY RELIEF 13. The Parties agree that Defendant Applied will set aside a sum of six hundred thousand
dollars ($600,000.00) which will be utilized for the payment of eligible claimants in order to resolve this action. Within ten (10) days ofthe entry ofthis Consent Decree, those monies shall be placed in an interest-bearing account. ("Claimant Fund"). No portion of the six hundred thousand dollars ($600,000.00) shall remit to Defendant Applied. 14. The Parties agree that eligible claimants shall be those individuals who were employed by Defendant Applied as Territory Managers, Branch or Service Center Managers, Operations Managers, Account Managers, Account Representatives or Customer Sales and Service Representatives ("CSSR's") in the state of Florida from January 1, 1995 to September 13, 1998 who were laid offor discharged at age forty or higher during that same period, and who
4

Case 8:01-cv-01075-RAL Document 2

-- Filed 06/08/2001 Page 5 of 20

submit credible evidence that the termination was motivated by their age. 15. Defendant Applied shall provide to the EEOC information necessary for contacting potential
claimants and evaluating applications filed by them within ten (10) days of entry of the Decree, and thereafter as requested by the EEOC throughout the claims fund disbursement process. 16. Within thirty (30) days of the entry of this Decree, the EEOC shall provide notice to all eligible claimants as described in Paragraph 14, via certified mail, that a settlement has been reached among all the Parties to this action. Eligible claimants shall be further advised that, if they wish to make application for an award from the Claimant Fund, they must do so in a writing mailed to the EEOC's Miami District Office post marked not later than thirty (30) days from the date of EEOC's notice mailing. The notice shall provide that Defendant Applied shall take no adverse action against any individual for filing such an application. Defendant Applied will bear the cost ofmailing the notices described herein. A copy ofsuch notice is attached as Exhibit C. 17. Within sixty (60) days ofthe application filing deadline, the EEOC shall notify all potential claimants as to whether their applications to share in the Claimant Fund have been granted and the amount to be received by each. (A copy of such notice is attached as Exhibit D). Applications will be granted only as to claimants whose claims are supported by credible evidence ofage discrimination which is not clearly refuted, and who have not signed a valid release ofclaims. Distribution ofthe settlement check to each claimant shall be conditioned on the claimant signing a Release in the form attached as Exhibit E. 18. Potential claimants will be given thirty (30) days to submit letters to the court indicating any disagreement they may have with their claimant status/proposed award and the reasons
5

Case 8:01-cv-01075-RAL Document 2 Filed 06/08/2001 Page 6 of 20
therefore. This procedure will be the sole means by which claimants may challenge their claimant status or the handling of their proposed monetary award. 19. Within fifteen (15) days ofthe court's approval ofthe award distribution, Defendant Applied shall mail settlement checks drawn on the Claimant Fund in accordance with the Court's Order. Within three (3) days after all such payments have been made, a copy of the checks shall be forwarded to the EEOC. 20. The remedies provided under this Consent Decree shall be the exclusive remedies available under the ADEA to any employee or former employee of Defendant Applied with a claim of age discrimination arising from the employee's layoff or discharge from his or her employment as a Territory Manager, Branch or Service Center Manager, Operations Manager, Account Representative or Customer Sales and Service Representative ("CSSR") in the state of Florida during the claims period, January 1, 1995 to September 13, 1998.
REPORTING 21. No later than II ('c.,t"'7~&-'- ~• JQt.'1 (within six (6) months of the entry of this Consent
Decree), Defendant Applied shall provide the EEOC Miami District Office with a listing of all managers and supervisors who have received the training described in Paragraph 10 since the entry ofthis Decree. Thereafter, on an annual basis beginning on January 31, 2002, and continuing throughout the duration of this Decree, Defendant Applied shall provide the EEOC Miami District Office with a listing of all managers and supervisors receiving the training described in Paragraph 10, the date the individual was placed in a management or supervisory position, and the date of the training. 22. Beginning July 1, 2001, and continuing annually throughout the duration of this Decree,
6

Case 8:01-cv-01075-RAL Document 2 Filed 06/08/2001 Page 7 of 20
Defendant Applied shall provide to the EEOC the name, date of birth, address and phone number of each individual laid off/discharged from a Manager, Account Representative, or CSSR position in the state of Florida, together with the reason therefor and any supporting documentation.
DURATION AND ENFORCEMENT PROVISIONS 23. The effective date of this Decree shall be its date of entry as an Order of the Court. 24. The Consent Decree shall continue in force and effect for a period of three (3) years from
entry of the Decree. 25. No party shall contest the validity ofthis Decree nor the jurisdiction of the Federal District
Court to enforce this Decree and its terms or the right of any party to bring an enforcement action upon breach of any term of this Decree by any party. Nothing in this Decree shall be construed to preclude the EEOC from enforcing this Decree in the event that Defendant Applied fails to perform the promises and representation contained herein. The EEOC shall determine whether Defendant Applied has complied with the terms ofthis Decree and shall be authorized to seek compliance with the Decree by civil action filed with this Court. The Court shall retain jurisdiction over any such proceeding arising from an act, or failure to act, occurring during the duration of this Decree. 26. The Parties shall pay their own costs associated with this action.
7

Case 8:01-cv-01075-RAL Document 2

-" Filed 06/08/2001 Page 8 of 20

AGREED TO: FOR THE PLAINTIFF, UNITED STATES EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

by: &~l<.--10

5'1 -:t Date:

01

Delner Franki1tThomas

Regional Attorney

Miami District Office

United States Equal Employment Opportunity Commission

One Biscayne Tower, Suite 2700

2 South Biscayne Boulevard

Miami, Florida 33131

AGREED TO: FOR THE DEFENDANTS, APPLIED INDUSTRIAL TECHNOLOGIES, INC. AND APPLIED INDUSTRIAL TECHNOLOGIES-DIXIE, INC. fIkIa BEARINGS, INC. AND DIXIE-BEARINGS, INC.
by: t i d ~ Date: L{12~fb(
Michael Coticchia Vice President Human Resources Applied Industrial Technologies, Inc. One Applied Plaza Cleveland, Ohio 44115-5056

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Case 8:01-cv-01075-RAL Document 2 Filed 06/08/2001 Page 9 of 20
EXHIBIT NO.
A

Case 8:01-cv-01075-RAL Document 2

- Filed 06/08/2001 Page 10 of 20

APPLIED INDUSTRIAL TECHNOLOGIES, INC. POLICY AGAINST AGE DISCRIMINATION
I. Policy Statement
Applied Industrial Technologies, Inc. is committed to providing a workplace free from age discrimination. Applied Industrial Technologies, Inc. strongly disapproves of and will not tolerate age discrimination ofemployees by managers, supervisors, and co-workers or nonemployees and will take proactive steps to stop it.
II Definition of Age Discrimination
The Age Discrimination in Employment Act of 1967 (ADEA) protects individuals who are 40 years of age or older against employment discrimination based on age.
Under the ADEA, it is illegal to discriminate against an employee because ofthe employee's age in any area ofemployment, including hiring, firing, pay, assignment, transfer, promotion, layoff, recall, fringe benefits, retirement plans, leave, or any other terms or conditions of employment.
The ADEA also forbids harassment on the basis of age. It also is illegal to retaliate against an individual for filing a charge of discrimination, taking part in an investigation, or opposing age discriminatory practices.
III Procedures
An associate who believes that the Company is not adhering to this policy should notify his or her facility manager (i.e. Service Center Manager or Distribution Center Manager) or the next highest manager (i.e. Regional Manager or Area Vice President). In the event the associate feels he or she cannot discuss the matter with such managers, he or she shall notify the Manager of Associate Relations at Corporate Headquarters in Cleveland, Ohio. Complaints will be promptly investigated.

Case 8:01-cv-01075-RAL Document 2 Filed 06/08/2001 Page 11 of 20
EXHIBIT NO.
B

Case 8:01-cv-01075-RAL Document 2 Filed 06/08/2001 Page 12 of 20
NOTICE TO ALL EMPLOYEES This Notice is being posted pursuant to a Consent Decree entered by the Court in U.S.E.E.O.C. v. Applied Industrial Technologies. Inc. and Applied Industrial Technologies-Dixie, Inc. fIkIa Bearings. Inc. and Dixie Bearings, Inc., Civil Action No.: The Age Discrimination in Employment Act of 1967, as amended, ("ADEA"), protects individuals from discrimination in employment because of their age. Specifically, it protects employees from being subjected to a layoffor discharge from their employment on the basis oftheir age if they are forty (40) years of age or older. The law also protects such employees from retaliation for opposing any employment practice deemed unlawful by the ADEA, or for participating in any investigation, proceeding or hearing conducted pursuant to the ADEA. Applied Industrial Technologies, Inc. and Applied Industrial Technologies-Dixie, Inc. ("Applied") do not condone discrimination of any kind as prohi~ited in the ADEA. Furthermore, Applied assures its employees that it supports the ADEA and will not take any action against an individual because he/she has exercised hislher rights under the law to oppose discriminatory acts or to file charges with the EEOC. Appropriate corrective action, up to and including termination, shall be taken against any employee, including management personnel, found to violate the company's policies regarding age discrimination. Employees or applicants for employment who have questions about their rights under the ADEA or any other federal anti-discrimination law may telephone the Miami District Office of the Equal Employment Opportunity Commission at 1-800-669-4000 or (305) 530-7100.
This notice shall remain posted for three (3) years from the date signed.
Signed this __ day of _ _ _ _ _-', 2001.
Robert Curley Vice President Southeast Area Applied Industrial Technologies, Inc.
10

Case 8:01-cv-01075-RAL Document 2 Filed 06/08/2001 Page 13 of 20
EXHIBIT NO.
c

Case 8:01-cv-01075-RAL Document 2 Filed 06/08/2001 Page 14 of 20
NOTICE ATTENTION ALL INDIVIDUALS 40 OR OLDER LAID OFF OR DISCHARGED FROM APPLIED INDUSTRIES
IN THE STATE OF FLORIDA BETWEEN JANUARY 1, 1995 AND SEPTEMBER 13, 1998 Applied Industrial Technologies, Inc. and Applied Industrial Technologies-Dixie, Inc. flkJa Bearings, Inc. and Dixie-Bearings, Inc. ("Applied") have entered into a consent decree with the United States Equal Employment Opportunity Commission ("EEOC"), an agency of the United States Government to resolve a lawsuit filed by the EEOC against Applied pursuant to The Age Discrimination in Employment Act of 1967, as amended, ("the ADEA"). If you were discharged or laid off from your position with Applied between January 1, 1995 and September 13, 1998, you may be qualified to participate in the settlement of this lawsuit. You must act immediately to preserve your rights by competing the enclosed claims form. The claims form must be returned to EEOC, One Biscayne Tower, 2 South Biscayne Boulevard, Suite 2700, Miami, FL 33131. All claims will be thoroughly reviewed by the EEOC to detennine eligibility for participation of the settlement. Applied agrees that it will take no adverse action against any current or former employee for filing the claim fonn.
11

Case 8:01-cv-01075-RAL Document 2 Filed 06/08/2001 Page 15 of 20
The enclosed claim form must be completed and returned to the EEOC by _ _ _ _ __ U.S.E.E.O.C. V. APPLIED INDUSTRIAL TECHNOLOGIES, INC. CLAIM FORM
1. Name:_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ 2. Date ofBirth:_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ 3. Mailing Address:_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ 4. Daytime phone or contact:_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
(Failure to provide a daytime phone or the number of a person who can take a message for you during the day will result in our inability to process your claim). 5. Date employed by Applied:_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ 6. Position held with Applied:_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ 7. Date of discharge/layoff:_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ 8. Reasoning given by Applied for discharge or layoff (Please provide any and all documentation that substantiates this reasoning)._ _ _ _ _ _ _ _ _ _ _ _ __
9. Yearly compensation and last position held with Applied:_ _ _ _ _ _ _ _ _ __ 10. Employment benefits received in last position held with Applied:_ _ _ _ _ _ _ __
11. Positions held after discharge or layofffrom Applied.(Give the Company name, time period worked (i.e. starting and ending month and year), salary and benefits)_ _ _ _ _ __

12. Do you believe that age was a factor in Applied's decision to discharge or lay you off from

employment? Yes

No_ _ __

12

Case 8:01-cv-01075-RAL Document 2 Filed 06/08/2001 Page 16 of 20 13. If you answered yes to the question above, please provide a statement as to why including
documentation and or names of witnesses who may support your belief that you were discharged or laid offbecause of your age._ _ _ _ _ _ _ _ _ _ _ _ _ _ __
The enclosed claim form must be completed and returned to the EEOC by _ _ __
13

Case 8:01-cv-01075-RAL Document 2 Filed 06/08/2001 Page 17 of 20
EXHIBIT NO.
D

Case 8:01-cv-01075-RAL Document 2 Filed 06/08/2001 Page 18 of 20

U.S.E.E.O.C. v. Applied Industrial Technologies, Inc.

Notification of Claimant Status

We are in receipt of, and have carefully reviewed your claim form, documentation and interview notes, if applicable, for the above matter. The following constitutes the EEOC's determination;

1. claimant status

1. Meets all criteria for claimants: Yes_ __

No _ __

Comment ______________________________

2. Eligible for monetary awards: No _ _ Yes

Amount

Comments_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ ____

If you disagree with the EEOC's determination; you have until

to submit a

letter to the court indicating any disagreement you may have with your claimant status/proposed

monetary award, and the reasons therefore. Ifyou have no disagreement, please do not send a

letter to the court. Letters should be addressed as follows and both on the outside of the envelope

and in the text ofthe letter make reference to U.S.E.E.O.C. v. AQQlied Industrial Technologies. Inc.

You must also send a copy to Michael Farrell, Supervisory Trial Attorney, One Biscayne Tower, 2 South Biscayne Boulevard, Suite 2700, Miami, FL 33131. Please make reference on the outside of the envelope to U.S.E.E.O.C. v. Applied Industrial Technologies. Inc.

14

Case 8:01-cv-01075-RAL Document 2 Filed 06/08/2001 Page 19 of 20
EXHIBIT NO.
E

-- Case 8:01-cv-01075-RAL Document 2 Filed 06/08/2001 Page 20 of 20
WAIVER AND RELEASE

I, _ _ _ _ _ _ _ _ _ _ _ _ _,' for and in consideration ofthe sum of$_ _ __

less all legally required deductions, representing all amounts payable to me under the terms of the

Consent Decree entered on

,2001, in the action brought by the U.S. Equal Employment

Opportunity Commission ("EEOC") against Applied Industrial Technologies, Inc. and Applied

Industrial Technologies-Dixie, Inc. fIkIa Bearings, Inc. and Dixie-Bearings, Inc. ("Applied") in the

United States District Court, Middle District of Florida, Tampa Division, Case No. _ _ _ __

do hereby fully and finally release Applied, its subsidiaries, divisions, insurers, predecessors,

successors, parent companies, and affiliates, and their present and former owners, officers,

representatives, attorneys, directors, partners, agents managers, supervisors, employees, assigns and

any and all related or affiliated entities and all persons acting by, through under or in concert with

such party, or any ofthem, (separately and collectively referred to herein as Applied) from any and

all claims, charges, complaints, causes of action or liabilities of any nature, which were or could

have been brought against Applied under the Age Discrimination in Employment Act of 1967, as

amended, ("ADEA") prior to the date ofthis release or which were raised in or are based on EEOC

Charge numbers 151 96 0613 and 151 97 1791.

I warrant that the only consideration for signing this release is the terms stated herein and in

the Consent Decree, and that no other promise or agreements of any kind have been made by any

person or entity whatsoever to cause me to sign this Release.

I have had the opportunity to consult with the EEOC regarding this Release and have had

sufficient time to review it.

15

 
 Electronic Case Filing | U.S. District Court - Middle District of Florida -... https://ecf.flmd.uscourts.gov/cgi-bin/DktRpt.pl?535712808229345-L_3...

U.S. District Court Middle District of Florida (Tampa) CIVIL DOCKET FOR CASE #: 8:01-cv-01075-RAL

CLOSED, EAJ

EEOC v. Applied Industrial, et al Assigned to: Judge Richard A. Lazzara Demand: $0 Cause: 29:626 Job Discrimination (Age)
Plaintiff Equal Employment Opportunity Commission
V. Defendant Applied Industrial Technologies, Inc. Defendant Applied Industrial Technologies-Dixie, Inc. formerly known as Bearings, Inc. formerly known as Dixie-Bearings, Inc.

Date Filed: 06/06/2001 Date Terminated: 06/08/2001 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff
represented by Michael J. Farrell Jill S. Schwartz & Associates, PA Suite 200 180 Park Ave N Winter Park, FL 32789 407/647-8911 Fax: 407/628-4994 Email: mfarrell@schwartzlawfirm.net LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed 06/06/2001 06/06/2001 06/06/2001

#

Docket Text

1 COMPLAINT filed; injunctive relief sought; jury demand (plk) (Entered: 06/07/2001)
MAGISTRATE JUDGE CASE ASSIGNMENT Magistrate assigned: Elizabeth A. Jenkins (plk) (Entered: 06/07/2001)
Proposed consent decree received (plk) (Entered: 06/07/2001)

1 of 2

5/23/2007 9:37 AM

Electronic Case Filing | U.S. District Court - Middle District of Florida -... https://ecf.flmd.uscourts.gov/cgi-bin/DktRpt.pl?535712808229345-L_3...

06/08/2001 06/08/2001 01/18/2002 01/23/2002

2 CONSENT DECREE by EEOC, Applied Industrial, Applied Indus./Dixie (see order for further details) (jlh) (Entered: 06/11/2001)
CASE CLOSED. (jlh) (Entered: 06/11/2001)
3 MOTION by EEOC with memorandum in support for approval of distribution of monetary award (rm) (Entered: 01/22/2002)
4 ORDER granting [3-1] motion for approval of distribution of monetary award (Signed by Judge Richard A. Lazzara) ctc (rm) (Entered: 01/24/2002)

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05/23/2007 10:38:55

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hs0328

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Docket Report

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Billable Pages: 1

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eeoc 8:01-cv-01075-RAL 0.08

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 FY 2002 Office of General Counsel Annual Report

http://www.eeoc.gov/litigation/02annrpt.html

Discharge
The Commission alleged in EEOC v. Applied Industrial Technologies, Inc., that a nationwide manufacturer of power transmission equipment and other industrial items laid off a sales manager and a customer service representative because of their ages (47 and 57). Other employees allegedly discharged because of their ages were included in the suit. The company agreed to provide $600,000 to ten former workers.

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