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

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,

Plaintiff,

Case No. 01-40202

V.

ARAMARK SERVICES, INC.

Hon. Paul V. Gado1a

Defendant.

'-n lit AMENDED CO.MPLAIcN.=iT
AND JURY DEMAND -:

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NATURE OFTHE ACTION

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... This is an action under Title VII of the Civil Rights Act of 1964 and Tiii-elclthe CiviP

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Rights Act of 1991 to correct unlawful employment practices on the basis of sex, 'arid to provide

appropriate relief to Teralynn Gaither, and other similarly situated individuals, who were

adversely affected by such practices. The EEOC alleges that Gaither's supervisor, Carlos

Hernandez, sexually harassed her. The Defendant, having knowledge of the harassment, failed to

take reasonable care to prevent the harassment and to take corrective action to end the

harassment.

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 Sections 706(1)(1) and (3)

and 707(e) of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. §§ 2000e-5(1)(1)

and (3) and 42 U.S.C. § 2000e-6(e) (''Title VII"), and Section 102 of the Civil Rights Act of

1991,42 U.S.C. § 1981(a).

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2. The employment practices alleged to be unlawful were and are now being

committed within the jurisdiction ofthe United States District Court for the Eastern District of

Michigan, Southern Divi~i(ln.

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

"Commission"), 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(/)(1) and (3) and 707(e) ofTitle VII, 42 U.S.C. §§ 2000e-5(/)(I) and (3), and 2000e-

6(e).

4. At all relevant times, Defendant, Aramark Services, Inc., ("Employer" or

"Aramark"), has continuously been a corporation doing business in the State of Michigan and the

City of Livonia, and has continuously had at least 15 employees.

5. At all relevant times, Defendant Employer has continuously been an employer

engaged in an industry affecting commerce within the meaning of Sections 701 (b), (g), and (h) of

Title VII, 42 U.S.C. §§ 2000e(b), (g), and (h).

STATEMENT OF CLAIMS

6.

More than thirty days prior to the institution of this lawsuit, Teralynn Gaither

filed a charge with the Commission alleging violations ofTitle VII by Defendant Employer. All

conditions precedent to the institution of this lawsuit have been fulfilled.

7. Since April, 2000, Defendant Employer has engaged in u:1lawful employment

practices at its Livonia, Michigan facility, in violation of Section 703(a), 42 U.S.C. § 2000e-2(a).

The Defendant's unlawful employment practices include the following:

a. Gaither's supervisor, Carlos Hernandez, created a hostile environment for

her beginning on his first day of work in April, 2000, by making offensive

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remarks.

b. Hernandez crafted genitalia out of food products and napkins.

c. Hernandez attempted to touch the breasts and buttocks of Gaither and

other similarly situated employees beginning on his first day of work.

d. Hernandez told Gaither and other similarly situated employecs that they

had better not stand that way, or they might get "poked" because he had not had

sex in a few days.

e. Hernandez told Gaither to "have it all greased up for him" when he came

to her home, referring to having sexual intercourse.

f.

Hernandez committed several other harassing behaviors which were

severe and pervasive and created a hostile work environment.

8. The effect of the pattern and practice of conduct complained of in paragraph 7

above has been to deprive Gaither and other similarly situated individuals of equal employment

opportunities and otherwise adversely affect their status as employees because of their sex.

9. The unlawful employment practices complained of in paragraph 7 above were and

are intentional.

10. As the result of the unlawful employment practices, Gaither and other similarly

situated individuals have suffered emotional pain, suffering, inconvenience, mental anguish and

loss ofenjoyment of life.

II. The unlawful employment practices complained of in paragraph 7 above were and

are done with malice or with reckless indifference to the federally protected rights of Gaither and

other similarly situated employees.

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PRAYER FOR RELlEF Wherefore, the Commission respectfully requests that this Court: a. Grant a pennanent injunction enjoining Defendant Employer, its officers, successors, assigns, and all persons in active concert or participation with it, from engaging in sexual harassment and any other employment practices which discriminate on the basis of sex. b. Order Defendant Employer to institute and carry out policies, practices and programs which provide equal employment opportunities for women, and which eradicate the effects of its past and present unlawful employment practices, including the institution of a training program for each of its facilities. c. Order Defendant Employer to make whole Gaither and other similarly situated individuals, by providing compensation for past and future pecuniary losses resulting from the unlawful employment practices described in paragraph 7 above in amounts to be proven at trial. d. Order Defendant Employer to make whole Gaither by providing compensation for past and future n('npecuniary losses resulting from the unlawful practices complained of in paragraph 7 above, in amounts to be proven at trial. e. Order Defendant Employer to pay Gaither and other similarly situated individuals punitive damages for its malicious or reckless conduct described in paragraph 7 above, in amounts to be proven at trial. f. Grant such further relief as the Court deems necessary and proper in the public interest. g. Award the Commission its costs of this action.
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JURY TRIAL DEMAND
The Commission requests a jury trial on all questions of fact raised by its complaint.
Respectfully submitted,
GWENDOLYN YOUNG REAMS Associate General Counsel
ADE~P~M<t833)
Regional Attorney
ROBERT K. DAWKINS (P38289) Supervisory Trial Attorney
TAMMY C. KLEIN (P60256) Trial Attorney
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
DETROIT DISTRICT OFFICE Patrick V. McNamara Bldg. 477 Michigan Avenue, Room 865 Detroit, Michigan 48226 Telephone: 313) 226-5673

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UNITED STATES DISTRICT COURT I FOR THE EASTERN DISTRICT OF MICHIGAN: v"
SOUTHERN DIVISION
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EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff,

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Case No. 01-40202

v.

lion. Paul V. Gadola

ARAMARK SERVICES, INC.

Magistrate Pepe

Defendant.

ADELE RAPPORT (P44833) ROBERT K. DAWKINS (P38289) TAMMY C. KLEIN (60256) Equal Employment Opportunity Commission 477 Michigan Ave. Room 865 Detroit, Michigan 48226 (313) 226-5673

ROSALIE HARRISON (P56531) BUTZEL LONG, P.C. 150 W. Jefferson Avenue Suite 900 Detroit, Michigan 48226 (313) 983-7426

.JOINT STIPULATED DISMISSAL WITH PREJUDICE AND CONSENT DECREE
This Joint Stipulated Dismissal with Prejudice and Consent Decree ("Decree") is entered into between the UNITED STATES EQUAL EMPLOYMENT OPPORTUNITY COMMISSION (the "Commission"), 477 Michigan Avenue, Room 865, Detroit, Michigan 48226, and ARAMARK SERVICES, INC., a Delaware corporation, with its principal place of business in Philadelphia, Pennsylvania ("ARAMARK").

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IJ] JUl 0 1 2002 /11J
CLERK'S OFFICE U.S. DISTRICT COURT

AGREEMENT The provisions of this Decree will apply only to the ARAMARK food service account located at the Ford Motor Company Diagnostics Center, Dearborn, Michigan, and the employees assigned to that account, and/or those individuals with management responsibility for that account.
ARAMARK acknowledges that nothing in this Decree relieves it from compliance with all
applicable requirements oflaw, including, but not limited to, laws prohibiting discrimination on the
basis of sex, including sexual harassment. ARAMARK acknowledges that it will continue to
comply with such laws. JURISDICTION AND VENUE
1. The Commission is the agency of the United States vested with the authority to investigate and prosecute alleged claims of discrimination under the Federal Anti-Discrimination Statutes, including Title VII of the Civil Rights Act of 1964, 42 U.S.C. 2000 (e), as amended.
2. At all times relevant to the institution ofthis lawsuit, and for the purposes of this lawsuit, ARAMARK acknowledges that it was an employer within the meaning of Title VII, continuously employing more than fifteen (15) employees and participating in commerce in the State ofMichigan, City of Dearborn.
FINAL DISPOSITION
The Commission and ARAMARK, via this Decree, hereby stipulate, through their counsels ofrecord, to the dismissal with prejudice ofthe above captioned matter in its entirety, without costs and/or attorneys' fees to either party. As a result, this Decree forever and absolutely resolves all matters, claims and issues for reliefofany kind and nature relating to the Charge of Discrimination, as amended, Charge Number 230A01278, filed by Terralynn Gaither against ARAMARK, and Thomasina Jackson. The parties are unaware ofany other alleged similarly situated individuals. In

addition, this Decree forever and absolutely resolves all claims arising out of issues raised by the Complaint in the above captioned matter as between the Parties to this lawsuit.
NON-ADMISSION OF UADlLlTY ARAMARK denies all allegations set forth in the Complaint filed by the EEOC along with any and all inferences of wrongdoing, and neither its consent to the entry of this Decree, nor any of the terms or conditions set forth herein, shall constitute an adjudication or finding on the merits of the case or be construed as an admission of liability, wrongdoing, guilt, and/or violation of federal law or any law against Terralyn Gaither, Thomasina Jackson, or any other alleged similarly situated individuals.
AFFIRMATIVE RELIEF To avoid the costs associated with continued litigation, ARAMARK agrees to make a settlement payment in the total amount of Six Thousand Dollars and No Cents ($6,000.00) made payable as follows: (I) Three Thousand Dollars and No Cents ($3,000.00) to Terralynn Gaither and (2) Three Thousand Dollars and No Cents ($3,000.00) to Thomasina Jackson. These payments will be made to Terralynn Gaither and Thomasina Jackson pursuant to the terms of the executed Confidential Settlement and Release Agreements. The payments will be paid directly to Terralynn Gaither and Thomasina Jackson, with a copy ofthe check sent to Adele Rapport, Regional Attorney, Equal Employment Opportunity Commission, 477 Michigan Avenue, Room 865, Detroit, Michigan 48226, within ten (10) days after the filing of this Decree.
NON-D1SCRII\IINATION and NON-RETAUATION ARAMARK acknowledges that it is required to continue to comply with the provisions of Title VII ofthe Civil Rights Act of 1964, as amended. ARAMARK further acknowledges that such

compliance requires it to continue to embrace a policy prohibiting retaliation against any of its employees who engage in protected activities under Title VII including, but not limited to, any employee who participated or cooperated in the investigation and the prosecution by the Commission of the above captioned matter. Nothing in this acknowledgement imposes obligations upon ARAMARK that are not already mandated by Title VII ofthe Civil Rights Act of 1964, as amended and the terms of the Decree. Nothing in this acknowledgment shall be used as an independent basis for liability for activities unrelated to and outside the scope ofthe subject matter ofthis litigation and the terms of the Decree.
TRAINING AND POSTINGS On or before December 31,2002, ARAMARK agrees to provide training to its management staffwith responsibility for the food service account at the Ford Motor Company Diagnostics Center regarding the prohibition against sexual harassment in the workplace under Title VII of the Civil Rights Act of 1964, as amended. ARAMARK agrees to submit a statement to the Commission, through Commission counsel of record, Tammy Klein and/or her successor, confirming that it provided such training and providing a list of the individuals who attended the training. ARAMARK further acknowledges that it will continue to post its policy against sexual harassment and any amendments thereto in at least one (1) conspicuous place at its food service account at the Ford Motor Company Diagnostics Center. A copy of this policy is attached to this Decree as Exhibit 1. ARAMARK acknowledges that it is its practice to post such a policy at its active accounts. ARAMARK further acknowledges that it is also its practice that should any posted copies of this policy become defaced, marred or otherwise made unreadable, ARAMARK will repost a readable copy of its policy as soon as practical thereafter. In addition, ARAMARK acknowledges that it is required to continue to post all employment discrimination notices as

required by applicable law at all times. DURATION OF AGREEMENT AND RETENTION OF .JURISDICTION
This Consent Decree shall remain in effect until December 31, 2002. The Commission and ARAMARK agree that this Court shall retain jurisdiction and will have all available equitable powers, including injunctive relief, to enforce this Decree. Upon motion ofeither party, the Court may schedule a hearing for the purpose ofreviewing compliance with this 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.
ALLOCATION OF COST The Parties agree to pay their respective costs and attorneys' fees associated with the drafting and enforcement of this Decree.
SEVERABILITY CLAUSE If any provision of this Decree is found to be unenforceable by a court, only the specific provision in question shall be affected and the other enforceable provisions shall remain in full force and effect.
ENTIRE DECREE This Decree constitutes the entire Joint Stipulated Dismissal With Prejudice and Consent Decree of the parties. However, nothing in this Decree and/or this paragraph shall prevent the parties from entering into and enforcing the terms ofadditional agreements related to this settlement. Such additional agreements must be mutually agreed upon in writing and signed by the parties hereto. In addition, any modifications to this Decree must also be mutually agreed upon in writing

and signed by the parties hereto.
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

ARAMARK SERVICES, INC.

By: ADELE RA RT (P44833) Its: Regional At orney
AGREEMENT AS TO FORM:
TAMMY KLEIN (P60256) 477 Michigan Ave., Room 865 Detroit, Michigan 48226 (313) 226-5673

By: Stev unm re Its: Regional Vice President

The foregoing Consent Decree is approved and adopted as the Order and Judgment of the

Court this

5" TtJ day of !VL-y

, 2002.

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

https://ecf.mied.uscourts.gov/cgi-bin/DktRpt.pl?837116754272975-L_3...

CLOSED, PROTECTIVEORDER, SDP
U.S. District Court Eastern District of Michigan (Flint) CIVIL DOCKET FOR CASE #: 4:01-cv-40202-PVG

EEOC v. Aramark Svc Inc Assigned to: Judge Paul V Gadola Demand: $0 Plaintiff Equal Employment Opportunity Commission
V.

Date Filed: 07/26/2001 Date Terminated: 03/29/2002 Jury Demand: Both 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
Tammy C. Klein Equal Employment Opportunity Commission 477 Michigan Avenue Suite 865 Detroit, MI 48226 313-226-6701 Fax: 313-226-5673 Email: Tammy.Klein@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED
Robert K. Dawkins Equal Employment Opportunities Commission 477 Michigan Avenue Suite 865 Detroit, MI 48226 313-226-4600 Fax: 313-226-2778 Email: robert.dawkins@eeoc.gov ATTORNEY TO BE NOTICED

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Defendant Aramark Services, Incorporated

represented by Nicole Porter Butzel Long (Bloomfield Hills) 100 Bloomfield Hills Parkway Suite 200 Bloomfield Hills, MI 48304-2949 248-258-1616 Fax: 248-258-1616 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Rosalie B. Harrison Butzel Long (Detroit) 150 W. Jefferson Suite 900 Detroit, MI 48226-4430 313-225-7000 Email: Harrison@Butzel.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed 07/26/2001 09/13/2001 09/13/2001 09/14/2001 09/24/2001 10/19/2001 11/07/2001 01/09/2002
01/11/2002

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Docket Text

1 COMPLAINT; jury demand (dw) (Entered: 07/27/2001)
2 ANSWER by defendant Aramark Svc Inc to complaint [1-1] with proof of mailing (dw) (Entered: 09/14/2001)
2 AFFIRMATIVE defenses by defendant Aramark Svc Inc with proof of mailing (dw) (Entered: 09/14/2001)
3 NOTICE of setting scheduling conference for 2:00 10/25/01 (dw) (Entered: 09/17/2001)
4 NOTICE of non-admission of attorney Nicole Porter (th) (Entered: 09/27/2001)
5 STATEMENT of disclosure of corporate affiliations and financial interests by defendant Aramark Svc Inc with proof of mailing (dw) (Entered: 10/23/2001)
6 DISCOVERY plan jointly filed pursuant to Fed. R. Civ. P. 26(f) with proof of mailing (dw) (Entered: 11/08/2001)
7 ORDER by Judge Paul V. Gadola, setting deadline for discovery for 4/5/02 , setting deadline for witness list for 3/1/02 , setting deadline for filing dispositive motions for 5/3/02 , setting deadline for proposed joint final pretrial order for 8/12/02 , setting joint final pretrial conference for 2:00 8/19/02 and setting trailing trial docket for 9/3/02 with proof of mailing [EOD Date 1/14/02] (dw) (Entered: 01/14/2002)
8 STIPULATION by defendant Aramark Svc Inc and plaintiff EEOC for leave to amend its complaint in order to correct dates [EOD Date: 1/22/02] (dw) (Entered:

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01/11/2002 01/23/2002
02/04/2002 02/04/2002 03/29/2002 05/21/2002 06/13/2002 07/08/2002

01/22/2002)
9 AMENDED complaint 1 by plaintiff EEOC; jury demand (dw) (Entered: 01/22/2002)
10 PROTECTIVE order by Judge Paul V. Gadola, with stipulation, for defendant Aramark Svc Inc and plaintiff EEOC to protect the confidentiality of personnel related information [EOD Date: 1/28/02] (dw) Modified on 02/13/2002 (Entered: 01/28/2002)
11 First amended ANSWER by defendant Aramark Svc Inc to amended complaint by EEOC [9-1]; jury demand with proof of mailing (dw) (Entered: 02/08/2002)
11 AFFIRMATIVE defenses by defendant Aramark Svc Inc to Plaintiff EEOC'S 1st Amended Complaint with proof of mailing (dw) (Entered: 02/08/2002)
12 ORDER by Judge Paul V. Gadola that case is dismissed without costs and without prejudice to the right of plaintiff [EOD Date: 3/29/02] (dw) (Entered: 03/29/2002)
13 MOTION by plaintiff EEOC for extension of time in the Court's order of dismissal with brief, attachment and proof of service (dw) (Entered: 05/22/2002)
14 ORDER by Judge Paul V. Gadola granting motion for extension of time in the Court's order of dismissal by EEOC [13-1] with proof of service [EOD Date 6/18/02] (dw) (Entered: 06/18/2002)
15 ORDER by Judge Paul V. Gadola, with stipulation and consent decree, that case is dismissed with prejudice [EOD Date: 7/9/02] (dw) (Entered: 07/09/2002)

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