-,
Case 1:03-cv-06364 Document 1 Filed 09/10/2003 Page 1 of 7

SEPI UZOOJ

IN THE UNITED STATES DISTRICT COURT ~

FOR THE NORTHERN DISTRICT OF ILLINOIS

J ~ _:-1'

Ir.
~~J

V:_~: EASTERN DIVISION

.,':~

EQUAL EMPLOYMENT OPPORTUNITY ) JUDGE fCENN[U.'y

COMMISSION, Plaintiff,

U,C 63 6 4 ~::

.:~:)
.~.c;
0 ~-'"oJ

.::J
u ,~~. fu-
';.J;C;
J'----
C) t:;
C)

.-/)

)

CIVIL ACTION NO.

if)

=( ' )

~

v.

)

)

Jury Trial Demanded

FIFTH THIRD BANK,

)

Defendant.

) )

MAGISTRf,TE JUDGE MASON

)

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 seq. ("Title VII") and Title I ofthe Civil Rights Act of 1991 to correct unlawful

employment practices on the basis of sex and to provide appropriate relief to Carrie Collander

and a class of females who were adversely affected by such practices. Plaintiff, Equal

Employment Opportunity Commission ("EEOC") alleges that Fifth Third Bank subjected Carrie

Collander to sexual harassment because of her sex, female. The EEOC also alleges that Fifth

Third Bank subjected a class of women to sexual harassment and different terms and conditions

of employment because of their sex (female), which resulted on the constructive discharge of

some of the female employees.

JURISDICTION AND VENUE

1. Jurisdiction of this Court is invoked pursuant to 28 U.S.c. §§ 451,1331,1337,

1343, and 1345. This action is authorized and instituted pursuant to Section 706(f)(1) and (3) of

I-I

Case 1:03-cv-06364 Document 1 Filed 09/10/2003 Page 2 of 7
Title VII, 42 U.S.C. § 2000e-5(f)(I) and (3) and § 102 of the Civil Rights Act of 1991,42 U.S.C. § 1981A.
2. The employment practices hereafter alleged to be unlawful were and are now being committed within the jurisdiction of the United States District Court for the Northern District of Illinois, Eastern Division.
PARTIES 3. Plaintiff, the Equal Employment Opportunity 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 Section 706(f)(1) and (3) of Title VII, 42 U.S.C. Section 2000e-5(f)(1) and (3). 4. At all times relevant, Defendant Fifth Third Bank, registered in the state of Illinois, has continuously been doing business in the Northern District of Illinois and has continuously had at least fifteen employees. 5. At all times relevant, Fifth Third Bank, 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. Sections 2000e(b), (g) and (h).
STATEMENT OF CLAIMS 6. More than thirty days prior to the institution ofthis lawsuit, Carrie Collander filed a charge with the Commission alleging violations of Title VII by Fifth Third Bank. All conditions precedent to the institution of this lawsuit have been fulfilled.
-2-

Case 1:03-cv-06364 Document 1 Filed 09/10/2003 Page 3 of 7
7. Since at least January, 200 I, Defendant Fifth Third Bank has engaged in unlawful employment practices at its Fox River Business Development Group, including but not limited to locations at Elmhurst, Aurora and Wheaton, Illinois, in violation of Sections 701(k) and 703(a) of Title VII, 42 U.S.C. Sections 2000e(k) and 2(a). Such unlawful employment practices have included: 1) subjecting Carrie Collander and a class offemale employees to harassment and a hostile work environment because oftheir sex, 2) SUbjecting a class of female employees to different terms and conditions of employment and harassment based on their gender, and 3) constructively discharging a class of females based on their sex.
8. The effect ofthe practices complained of above has been to deprive Collander, and a class of female employees adversely affected by the discriminatory conduct, of equal employment opportunities and otherwise adversely affect their status as employees because of their sex.
9. The unlawful employment practices complained of in paragraphs 7 and 8 above were intentional.
10. The unlawful employment practices complained of in paragraphs 7 and 8 above were done with malice ?r with reckless indifference to the federally protected rights of Collander and a class of women employees because of their sex (female).
PRAYER FOR RELIEF WHEREFORE, the Commission respectfully requests that this Court: A. Grant a permanent injunction enjoining Defendant Fifth Third Bank, its officers, successors, assigns, and all persons in active concert or participation with it, from engaging in any employment practice which discriminates because of sex.
-3-

."' Case 1:03-cv-06364 Document 1 Filed 09/10/2003 Page 4 of 7 ts a
B. Order Defendant to institute and carry out policies, practices and programs which eradicate the effects of its past and present unlawful practices.
C. Order Defendant to make whole Collander and the affected class 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.
D. Order Defendant to make whole Collander and the affected class, by providing compensation for past and future pecuniary losses resulting from the unlawful employment practices described in paragraphs 7 and 8 above, including medical expenses, in amounts to be determined at trial.
E. Order Defendant to make whole Collander and the affected class by providing compensation for past and future non-pecuniary losses resulting from the unlawful practices complained of in paragraphs 7 and 8 above, including emotional pain, inconvenience, and humiliation, in amounts to be determined at trial.
F. Order Defendant to pay Collander and the affected class punitive damages for its malicious and reckless conduct described in paragraphs 7 and 8 above, in amounts to be determined at trial.
G. Grant such further relief as the Court deems necessary and proper in the public interest; and
H. Award the Commission its costs in this action.
-4-

Case 1:03-cv-06364 Document 1 Filed 09/10/2003 Page 5 of 7
JURY TRIAL DEMAND The Commission requests a jury trial on all questions of fact raised by its complaint.
Respectfully submitted, Eric S. Dreiband General Counsel James Lee Deputy General Counsel Gwendolyn Young Reams Associate General Counsel EQUAL EMPLOYMENT OPPORTUNITY
·Y~reet. N.W.
Supervisory Trial Attorney
~dJ~~-~
Pamela S. Moore-Gibs J Trial Attorney EQUAL EMPLOYMENT OPPORTUNITY
COMMISSION Chicago District Office 500 West Madison Street Suite 2800 Chicago, Illinois 60661 (312) 886-9120
-5-

Case 1:03-cv-06364 Document 1 Filed 09/10/2003 Page 6 of 7 Civil Cover Sheet

This automated JS-44 conforms generally to the manual JS-44 approved by the Judicial Conference of the 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 ofpleadings or other papers as required
by law. This form is authorized for use Q!!b' in the Northern District of Illinois.

Plaintiff(s): EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

Defendant(s):FIFTH THIRD BA~ C'"

County of Residence:

County of Residence:

Plaintiffs Atty:

Pamela Moore-Gibbs

Defendant's Atty:

Equal Employment Opportunity

Commission

500 W. Madison, Suite 2800,

Chicago, 1L 60661

L'-...-', :~;z ....'... r

J ~'."; (':u

o

:.t..!~:2
C:5~

0-
l:... ;'=~3

C)

if)

=C0

=i

312-886-9120

II. Basis of Jurisdiction:

1. U.S. Gov't Plaintiff

III. Citizenship of_Pringl1al parties (Diversity Cases Only)
Plaintiff:- N/A Defendant:- NIA

1. Original Proceeding

V. Nature of Suit:

442 Employment

VLCause 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

to correct unlawful employment practices on the basis of sex.

VII. Regut<Sted. in Complaint

Class Action:

Dollar Demand:

Jury Demand: Yes

VIII. This case IS~OT a refiling of a previously dismissed case.

http://www.i1nd.uscourts.govIPUBLIC/Forms/autojs44.cfm

9/9/03

Case 1:03-cv-06364 Document 1 Filed 09/10/2003 Page 7 of 7

In the Matter of

.6 6 NUONRITTEHDESRTNADTIESSTDRIICSTTROICF TIcLoiLiI);~g~~l ~~1)

Q

if.·]

':i. ",''0t' ..

EASTERN DIVISION

--. . - :JUUGE KENN~~~;~>(LTI~

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION V. FIFTH THIRD BANK

SEPI u20031

MAGISTRATE JUDGE MASON APPEARANCES ARE HEREBY FILED BY THE UNDERSIGNED AS ATTORNEY(S) FOR:

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

(A)

,.,~

A A

/J

NAME Pamela S. Moore~ ,IGr. ibbs

FIRM Equal Employment Opportunity Commission

STREET ADDRESS 500 W. Madison, Suite 2800

CITYfSTATE/ZIP
Chicago,IL 60661

TELEPHONE NUMBER
312-886-9120
E·MAIL ADDRESS

IFAX NUMBER 312-353-8555

NAME 'N&elle C. Bre;;;'n

l (J 0

FIRM Equal Employment Opportunity Commission

STREET ADDRESS 500 W. Madison, Suite 2800

C'TYISTAT""P Chicago, IL 60661

TELEPHONE NUMBER
312-353-7582
E-MAIL ADDRESS

1FAX NUMBER 312-353-8555

IDENTIFICATION NUMBER (SEE ITEM 4 ON REVERSE)
ARDe No. 06197710

MEMBER OF TRIAL BAR?

0 YES

TRIAL ATfQRNEY?

YES
/

NO
o NO

N'fM'/Jobjl C. H#,drickson

F RM Ecjual Employment Opportunity Commission
S~SS 500 W. Madison, Suite 2800 CITY/STAT"''' Chicago, IL 60661

TELEPHONE NUMBER
312-353-8551
E-MAIL ADDRESS

IFAX NUMBER 312-353-8555

IDENTIFICATION NUMBER (SEE ITEM 4 ON REVERSE)
ARDe No. 06228901

MEMBER OF TRIAL BAR?

YES

o

TRIAL ATIORNEY? DESIGNATED AS LOCAL COUNSEL?
SIGNATURE

YES

YES

o

(D)

NAME

FIRM

STREET ADDRESS

CITY/STATEIZ!P TELEPHONE NUMBER E-MA!L ADDRESS

IFAX NUMBER

NO ~
o NO
o NO

IDENTIFICATION NUMBER (SEE ITEM 4 ON REVERSE)
ARDe No. 01187589

MEMBER OF TRIAL BAR?

YES

~

NO

0

TRIAL ATTORNEY?

YES

~

NO

0

DESIGNATED AS LOCAL COUNSEL?

0 YES

NO 0

IDENTIFICATION NUMBER (SEE ITEM 4 ON REVERSE)

MEMBER OF TRIAL BAR? TRIAL ATTORNEY? DESIGNATED AS LOCAL COUNSEL?

YES

0

NO 0

YES

0

NO 0

YES

0

NO 0

/ --3

 
 Case 1:03-cv-06364 Document 49 Filed 07/08/2004 Page 1 of 11
Minute Order Fonn (06197)
United States District Court, Northern District of Illinois

Name of Assigned Judge or Magistrate Judge

Matthew F. Kennelly

Sitting Judge if Other than Assigned Judge

CASE NUMBER

03 C 6364

DATE

7/8/2004

CASE TITLE
MOTION:

EEOC vs. Fifth Third Bank
[In the to !lowIng box (a) mdlcate thc party fihng the motIon, e.g., plamtlff, defendant, 3rd party plamtlff, and (b) state bncfly the nature of the motion being presented.]

DOCKET ENTRY:

(1 )

o

Filed motion of [ use listing in "Motion" box above.]

(2) o

Brief in support of motion due ___.

(3)

o

Answer brief to motion due___. Reply to answer brief due___.

(4)

o

Ruling/Hearing on ___ set for ___ at ___.

( 5)

o

Status hearing[heldlcontinued to] [set forlre-set for] on ___ set for ___ at ___.

(6)

o

Pretrial conference[heldlcontinued to] [set for/re-set for] on ___ set for ___ at ___.

(7) o

Trial[set for/re-set for] on ___ at _ _ _.

o (8)

[Bench/Jury trial] [Hearing] heldlcontinued to ___ at ___.

(9)

o

This case is dismissed [with/without] prejudice and without costs[by/agreementlpursuant to]
o FRCP4(m) 0 Local Rule 41.1 0 FRCP41(a)(1) 0 FRCP41(a)(2).

(10) • [Other docket entry] The parties' joint motion for entry of consent decree is granted. Enter Consent decree. Status hearing set to 7/9/04 is vacated. Clerk of Court is directed to terminate all pending motions.

~(_l_lT)__•____[_F_o_r_fu_l_·th_e_r_d_e_ta_il_s_e_e_o_rd_e~r_a_tt_a_ch_e_d_t_o_t_h_e_o_ri~g_in_a_l_nu_'n_u_t_e_o_rd_e_r~']__' -_________~~'~--l_~_'_'_________~

-
-
-
'7
f--
-

No notices required, advised in open court. No notices required. Notices mailed by judge's staff. Notified counsel by telephone. Docketing to mailnoticcs. Mail AO 450 form. Copy to judgcimagistratc judge.

~'\J

number ofllDtices

'f' " 4 (' t i ~ 'j

,',1,'",',' ',J"(J,..

date docketed

dOC~

Document Number

courtroom

OR

deputy's

inilials

oI :S ~Jd 1: I lnr ~DDl
- OlllCitlme, recei~7~tn
ccrilrMGk.k(ilii'ilriM .!

date mailed notice mailing deputy initials

Case 1:03-cv-06364 Document 49 Filed 07/08/2004 Page 2 of 11

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

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Plaintiff, v.
FIFTH THIRD BANK Defendant.

) )
~ Case No. 03 C 6364
Judge Kennelly
1

JUL 1 4 2004

CONSENT DECREE The Litigation
Plaintiff, Equal Employment Opportunity Commission (hereafter the "EEOC"), filed this

action on September 10, 2003, alleging that Defendant Fifth Third Bank ("Fifth Third")

discriminated against Charging Party Carrie Collander and a class of employees, in violation of

Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e et seq. ("Title VII"),

and § 102 of the Civil Rights Act of199l, 42 U.S.C. § 1981A, by subjecting Collander and a

class ofwomen to sexual harassment and different terms and conditions of employment because

of their sex (female), which resulted in the constructive discharge of some of the female

employees. As a result of the parties having engaged in settlement discussions, the parties have

agreed that this action should be finally resolved by entry ofthis Consent Decree. This Consent

Decree is intended to and does fully and finally resolve any and all claims arising out of the

Complaint.

Findings

Having examined the terms and provisions of this Consent Decree and based upon the

pleadings, records, and stipulations of the parties, this Court finds the following:

Case 1:03-cv-06364 Document 49 Filed 07/08/2004 Page 3 of 11
A. This Court has jurisdiction over the subject matter ofthis action and over the parties.
. B. The terms and provisions of this Consent Decree are fair, adequate, reasonable, equitable and just. The rights of the parties are adequately protected by this Consent Decree.
C. This Consent Decree conforms with the Federal Rules of Civil Procedure and Title VII. The entry of this Consent Decree will further the objectives of Title VII and will be in the best interest of the parties and the pUblic.
D. This Consent Decree shall not constitute an admission by any party as to the claims and/or defenses of any other party.
E. NOW THEREFORE, IT IS ORDERED, ADJUDGED AND DECREED THAT: Non-Discrimination
1. In all matters arising from or relating to employment, Fifth Third, its officers agents, employees, successors, and assigns shall not discriminate on the basis of sex.
N on-Retaliation 2. Fifth Third, its officers, agents, employees, successors, and assigns shall not retaliate against, penalize or otherwise prejudice any employee, former employee or applicant for employment because such person has opposed any practice made unlawful by Title VII; filed a Complaint or Charge; testified, assisted, or otherwise participated in any manner in any investigation, proceeding, hearing or litigation under Title VII; asserted any right under this Consent Decree; or otherwise exercised his or her rights under Title VII.
-2-

Case 1:03-cv-06364 Document 49 Filed 07/08/2004 Page 4 of 11
Monetary Relief 3. Fifth Third shall pay to Carrie Collander Spillane and the named class members monetary damages in the sum of $225,000. After the Consent Decree has been entered and within thirty (30) business days after EEOC has provided to Fifth Third a Release (the form of which is attached as Exhibit A to this Consent Decree) executed by Carrie Collander Spillane and each of the three (3) class members previously identified in this litigation, as well as proof that the attorney's lien, a copy of which is attached hereto as Exhibit C, has been released, Fifth Third shall issue, by certified mail, a check payable to Carrie Collander Spillane in the sum of $75,000 representing monetary payment for Collander's alleged compensatory damages, and not back andlor front pay. Fifth Third shall issue, by certified mail, checks payable to the three class members in the amounts of $50,000 each representing monetary payment for their alleged
,-
compensatory damages, and not back andlor front pay. Fifth Third shall provide EEOC with copies of each ofthe checks.
Fifth Third shall issue to Collander Spillane and the three (3) class members an I.R.S. Form 1099 relating to the payments described in this Paragraph Number 3. Collander Spillane and the three (3) class members shall each be responsible for paying any taxes, interest, penalties or other amounts due on the payment being made to her as set forth, above.
Notice Posting 4. Within ten (10) days after the Court's entry ofthis Consent Decree and for the duration ofthis Decree, Fifth Third shall continuously post the notice annexed hereto as Exhibit
-3-

Case 1:03-cv-06364 Document 49 Filed 07/08/2004 Page 5 of 11
B at prominent locations frequented by employees at Fifth Third's Wheaton, St. Charles East and Aurora, Illinois facilities. Within ten (10) days after the Consent Decree is entered Fifth Third shall certify in writing to the Chicago District Office ofthe EEOC that the Notice has been poste~, and shall inform the EEOC ofthe locations where it has been posted.
Record Keeping and Reporting 5. Fifth Third shall maintain all records concerning its implementation of this Consent Decree. Fifth Third shall maintain records of any complaints it receives of sex discrimination at its Wheaton, St. Charles East and Aurora, Illinois facilities, its investigation of such complaints, and any response or action taken thereto.· 6. Beginning six (6) months after entry of this Consent Decree and every six (6) months thereafter for the duration of the Consent Decree, Fifth Third shall furnish EEOC with reports reflecting information detailed in the records described in Paragraph 5 of this Consent Decree. Fifth Third's last report will be submitted to EEOC two (2) weeks prior to the date on which the Decree is to expire. 7. For the term of the Consent Decree and upon five (5) business days' notice to Fifth Third, the EEOC, when it has reasonable cause to believe Fifth Third is not in compliance with the terms of this Consent Decree, shall have access to Fifth Third's Wheaton, St. Charles East and/or Aurora, Illinois facilities to review and copy any documents related to determining compliance located at its facilities and to interview any personnel employed by Fifth Third for the purpose of determining Fifth Third's compliance with the term~ ofthis Consent Decree.
-4-

Case 1:03-cv-06364 Document 49 Filed 07/08/2004 Page 6 of 11
Training 8. Prior to entry ofthis Consent Decree, Fifth Third certified to EEOC all Title VII training conducted to supervisory and management personnel at its Wheaton, St. Charles East and Aurora, Illinois facilities between the date ofthe filing of this lawsuit (September 10, 2003) and the date of entry of this Consent Decree and submitted to EEOC the materials used in connection with such training. Defendant also certified to EEOC the credentials of the trainer, the name(s) of the person(s) conducting the training, the time(s), duration and date(s) the training was held and a list identifying by name and position all individuals who received the training. Within sixty (60) days after entry of this Consent Decree, Fifth Third shall arrange for training regarding the requirements of Title VII of all supervisory and management personnel at its Wheaton, St. Charles East and Aurora, Illinois facilities who did not receive such training since the filing of this lawsuit. Fifth Third shall submit to EEOC for approval materials regarding the training session, including the credentials of the trainer, prior to such training. Within five (5) days after the completion of the training described above, Fifth Third will certify to EEOC that the training has been completed, the name(s) of the person(s) conducting the training, the time(s), duration and date(s) the training was held and a list identifying by name and position all individuals who received the training.
Duration of Decree/Retention of Jurisdiction 9. The terms ofthis Consent Decree shall be in effect (and the Court will retain jurisdiction of this matter to enforce this Decree) for a period of two (2) years from the date on which this Consent Decree is entered, provided, however, that if, at the end of the two (2) year
-5-

Case 1:03-cv-06364 Document 49 Filed 07/08/2004 Page 7 of 11
period, there are disputes that remain unresolved, the term of the Decree shall be automatically extended until such time as all such disputes have been resolved.
Costs and Attorneys' Fees 10. Each party to this action shall bear its own attorney's fees, costs, and expenses.
Dispute Resolution 11. If EEOC has reasonable cause to believe that Fifth Third has violated any of the terms of this Consent Decree, EEOC shall notify Fifth Third in writing and Fifth Third will then have ten (10) business days in which to satisfy EEOC that there has not been a violation or that the violation has been corrected. If, at the expiration of such time period, EEOC has not been so satisfied, then EEOC may immediately apply to the Court for appropriate relief. 12. When this Consent Decree requires the submission by Fifth Third of reports, notices, or other materials to the Commission, such materials shall be mailed to: Fifth Third Settlement, Equal Employment Opportunity Commission, Chicago District Office, Legal Division, 500 West Madison, Suite 2800, Chicago, Illinois 60661.
-6-

Case 1:03-cv-06364 Document 49 Filed 07/08/2004 Page 8 of 11

ENTERED AND APPROVED FOR:
For the Equal Employment Opportunity Commission:
ERIC S. DREIBAND General Counsel
JAMES LEE Deputy General Counsel
GWENDOLYN YOUNG REAMS Associate General Counsel
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
1801 L. Street, N.W. Washington, D.C. 2

Marc Brandt

lane I. Smason Supervisory Trial Attorney
Gilm'kd,rr-~ Pamela S. Moore- lbbs Trial'Attorney
Equal Employment Opportunity Commission Chicago District Office 500 West Madison Street, Suite 2800 Chicago, Illinois 60661 (312) 886-9120

l Date: -f . d~

Honorable Matthew F. Kennelly United States District Judge
-7-

Case 1:03-cv-06364 Document 49 Filed 07/08/2004 Page 9 of 11
EXHIBIT A RELEASE AGREEMENT
I, _____, for and in consideration ofthe sum of$,_ _ _ _ payable to me pursuant to the terms of the Consent Decree entered by the Court in EEOC v. Fifth Third Bank , Case ,No. 03 C 6364, on behalf of myself, my heirs, assigns, executors, and agents, do hereby forever release, waive, remise, acquit, and discharge Fifth Third Bank ("Fifth Third"), and all past and present shareholders, officers, agents, employees, and representatives of Fifth Third, as well as all successors and assignees of Fifth Third, 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 amended, 42 U.S.C. § 2000e et seq. ("Title VII"), and § 102 of the Civil Rights Act of 1991,42 U.S.C. § 1981A, as a result of or arising from the subject matter and claims which were or which could have been asserted in EEOC v. Fifth Third Bank, Case No. 03 C 6364.

Date

Name

Case 1:03-cv-06364 Document 49 Filed 07/08/2004 Page 10 of 11

EXHIBITB
NOTICE TO ALL EMPLOYEES
This Notice is posted pursuant to the Consent Decree entered in July 2004 by the U.S. District Court resolving the lawsuit entitled U. S. Equal Employment Opportunity Commission v. Fifth Third Bank, N.D. Illinois No. 03 C 6364.
The lawsuit was based upon a Charge of Discrimination filed with the Equal Employment Opportunity Commission ("EEOC") by a former employee who alleged that she was discriminated against on the basis of sex (sexual harassment). The EEOC lawsuit alleged that Fifth Third discriminated against the individual and three (3) additional female employees on the basis of sex (sexual harassment) in violation of Title VII of the Civil Rights Act of 1964, as amended, and the Civil Rights Act of 1991. The EEOC and Fifth Third reached a settlement in the case, and the Court' entered a Consent Decree resolving the lawsuit. The Consent Decree shall not constitute an admission by any party as to the claims or defenses of any other party.
Under the terms of the Consent Decree, Fifth Third shall: I) Not engage in any employment practice which discriminates on the basis of sex; ,2) Make a monetary payment to the individual who filed the charge of discrimination and each of the three (3) additional female class members for damages claimed; 3) Provide training to supervisors and managers concerning laws prohibiting employment discrimination; and 4) Maintain certain information relating to employment discrimination complaints an~ report to the EEOC for two (2) years.
Title VII of the Civil Rights Act of 1964, as amended, prohibits employers from discriminating on the basis of sex, race, color, religion or national origin. The Equal Employment Opportunity Commission is the agency responsible for enforcing Title VII. If you have any complaints of discrimination or questions concerning your rights under Title VII, you may contact the EEOC at the address and phone number given below.
THIS IS AN OFFICIAL NOTICE AND MUST NOT BE DEFACED OR REMOVED
This Notice must remain posted for two (2) years from the date shown below and must not be altered, defaced or covered by any other material. Any complaints of discrimination or questions concerning this Notice or compliance with its provisions may be directed to the Equal Employment Opportunity Commission, 500 West Madison Street, Suite 2800, Chicago, Illinois 60661, (312) 353-2713.

Dated:_ _ _ _ _ _ _ _ _ __

Honorable Matthew F. Kennelly United States District Judge

Case 1:03-cv-06364 Document 49 Filed 07/08/2004 Page 11 of 11
Minute Order Form (015/97)
United States District Court, Northern District of Illinois

Name of Assigned Judge or Magistrate Judge

George W. Lindberg

Sitting Judge if Other than Assigned Judge

CASE NUMBER

04 C 624

DATE

7/12/2004

CASE TITLE
MOTION:

Jonetta Reeves-Smith vs. City of Harvey, et al.
[In the following box (a) indicate the party filing the motion, e.g., plaintiff, defendant, 3rd partypiaintiff, and (b) state briefly the nalure of the motion being presented.]

Defendants' motion for entry of a Protective Order

DOCKET ENTRY:

(I)

•

Filed motion of [use listing in "Motion" box above.]

(2)

0

Brief in support of motion due ___.

(3) (4)

• •

Answer brief to motion due 712112004. Reply to answer brief due. Hearing on Defendants' motion for entry of a Protective Order set for8101/12004 at 10:30 A.M.

(5)

0

Status hearing[heldleontinued to] [set forlre-set for] on ___ set for ___ at _ _ _.

(6)

0

(7)

0

Pretrial conference[heldlcontinued to] [set for/re-set for] on ___ set for _ _ _ at _ _ _.
Trial[set for/re-set for1on ___ at ___.

(8)

0

[Bench/Jury trial] [Hearing] heldlcontinued to _ _ _ at ___.

(9)

0

• (10)

This case is dismissed [with/without] prejudice and without costs[by/agreementlpursuant to]
o FRCP4(m) 0 Local Rule 41.1 0 FRCP41(a)(1) 0 FRCP41(a)(2).
[Other docket entry] No reply ordered. No court appearance required on July 14, 2004.

1) o

[For further detail see order (on reverse side of/attached to) the

No notices required, advised in open court.

No notices required.

Notices mailed by judge's staff.

Notified counsel by telephone .

./ Docketing to mail notices.

Mail AO 450 form. Copy to judge/magistrate judge.

courtroom

SLB

deputy's

initials

minute order.]
mailing deputy initials

PH

fI'

. .; (

'if

 
 • '1
.~,.

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

U.S. EQUAL EMPLOYMENT

)

OPPORTUNITY COMMISSION,

)

)

Plaintiff,

)

)

No. 03 C 6364

CARRIE COLLANDER,

)

n/k/a CARRIE SPILLANE,

)

)

Intervenor,

)

Judge Kennelly

v.

F , LED Magistrate Judge Mason

FIFTH THIRD BANK,

)
NOV 7 200jl
)

Jury Trial Demanded

Defendant, M''-;HI\EL \,/, Do~m~S.
e~H~'~' \1,$, §1S'!'!'i;et §@y,,'

INTERVENOR'S COMPLAINT

Intervenor CARRIE CaLLANDER nlkfa CARRIE SPILLANE, by and through

her attorneys, Favaro, Buzek & Gorman, Ltd., complains against, FIFTH THIRD BANK

("BANK").

NATURE OF ACTION

This is an action under Title VII of the Civil Rights Act of 1964, as amended, 42

US,C, §2000(e) et. seq, (Title VII), and Title I ofthe Civil Rights Act of 1991,42 US,C,

§1981(a) seeking relief for Intervenor CARRIE CaLLANDER nfkfa CARRIE

SPILLANE for discrimination in the terms and conditions of her employment based on

her sex, female and sexual harassment. Collander nlkfa Spillane brings this Complaint to

intervene in the action brought by the US. Equal Employment Opportunity Commission

("EEOC").

JURISDICTION AND VENUE 1. This Court has jurisdiction pursuant to 28 U.S.C. §§ 1331, 1337 and 1343. The action is brought pursuant to Sections 706(f)(1) and (3) of Title VII, 42 U.S.c. 2000e-5(f)(I) and (3) and pursuant to §102 of the Civil Rights Act of 1991, 42 U.S.C. §1981a. 2. Venue is proper pursuant to 28 U.S.C. §1391 (b) and (c), and 42 U.S.C.§2000e-5(f)(3), for the employment practices hereafter alleged to be unlawful were committed within the jurisdiction of the United States District Court for the Northern District of Illinois, Eastern Division.
PARTIES 3. EEOC is an agency of the United States of America charged with the administration, interpretation and enforcement of Titie VII. That Intervenor, CARRIE CaLLANDER n/k1a CARRIE SPILLANE, is a female United States citizen residing in Sugar Grove, Kane County, Illinois, and she was an employee of Fifth Third Bank within the meaning ofTitie VII, 42 U.S.C. §2000e(f). 4. At all relevant times, the FIFTH THIRD BANK is a corporation, engaged in financial transactions, and doing business in Kane County, Illinois. The Bank has more than fifteen employees, and is an employer engaged in an industry affecting commerce within the meaning ofTitle VII, 42 U.S.c. §2000e(b)(g) and (h).
2

ADMINISTRATIVE PREREOUISITES 5. More than thirty (30) days prior to the institution of this lawsuit, Collander nlkla Spillane filed a charge with the Commission alleging violations of Title VII by Fifth Third Bank. All conditions precedent to the institution of this lawsuit have been fulfilled.
STATEMENT OF CLAIMS 6. Collander nlkla Spillane became employed by Fifth Third Bank in 1996. Her most recent position was that of Business Development Officer. 7. Since at least January, 2001, Defendant Fifth Third Bank has engaged in unlawful employment practices at its Business Development Group, including but not limited to locations at St. Charles and South Elgin, Illinois, in violation of Section 703(a) of Title VII, 42 U.S.C. Sections 2000e-2(a). Such unlawful employment practices have included SUbjecting Carrie Collander nlkla Carrie Spillane to sexual harassment by male employees including but not limited to her supervisor in the form of unwanted genderbased and sexually offensive and derogatory remarks, comments and innuendoes which included but are not limited to the following: a. Comments were made criticizing a woman's brain; b. Comments and inquiries were made about a woman's body parts including
parts ofIntervenor's body; c. Comments were made regarding women's breasts; d. Intervenor was referred to as a "dyke" in front of customers by her
immediate superior; e. Derogatory references were made to female employees, e.g., "queenie". 8. Collander nIkIa Spillane complained about the hostile work environment created by the behavior of the male workers, but the behavior continued.
3

9. Following her complaints regarding the unwanted and offensive behavior, Collander nlkla Spillane was sUbjected to adverse reprisals including probationary status.
10. That in or around March, 2002 Intervenor was constructively discharged from her employment.
COUNT I
SEXUAL HARASSMENT Intervenor restates and realleges paragraphs I through 10 above as though fully set forth herein. II. That defendant by its agents and employees have engaged in sexual harassment of the Intervenor maliciously and with reckless indifference to Intervenor's rights under Title VII. 12. That the aforesaid treatment ofIntervenor was because of her sex, female, in violation of Title VII, as amended. 13. That defendant created and allowed a hostile work environment to exist for Intervenor. 14. Intervenor has suffered and will continue to suffer irreparable lllJUry caused by defendant's illegal conduct. 15. As a result of the acts complained of herein, Intervenor has suffered and will continue to suffer the effects of unlawful discrimination, extreme emotional distress and mental anguish, loss of career opportunities, loss of a job, damage to Intervenor's reputation and professional development, and other compensable losses and damage.
4

16. The conduct of the defendant constitutes unlawful employment discrimination on the basis of sex and constitutes a violation of the Intervenor's rights pursuant to Title VII of the Civil Rights Act of 1964 as amended by Title VII of the Civil Rights Act of 1991, and the defendant is liable to the Intervenor for civil relief and other damages for the violation ofIntervenor's rights.
WHEREFORE, Intervenor, CARRIE COLLANDER nlkla CARRIE SPILLANE, respectfully requests that this Court:
a. Declare the acts complained of herein to be a violation of applicable law; b. Enter an Order enjoining and permanently restraining these violations of
Title VII and its amendments; c. That the defendant be ordered to compensate, reimburse and make
Intervenor Whole for any benefits Intervenor would have received had it not been for defendant's illegal actions including but not limited to back pay and front pay; d. An Order that defendant pay for an award to compensate Intervenor for her pain and suffering and for the humiliation caused the defendant's unlawful treatment in an amount to be determined at trial; e. Intervenor prays for an award of punitive damages in an amount to be determined and which is appropriate pursuant to Title VII as amended to punish the defendant for the willful and malicious conduct necessary to deter defendant from engaging from such misconduct in the future; f. Intervenor prays this Court award Intervenor costs and expenses ofthis action and award Intervenor reasonable attorneys' fees as provided under Title VII; and g. That this Court grant such other and further equitable relief as is just and proper.
5

COUNT II (SEX DISCRIMINATION - TITLE VII) Intervenor restates and realleges paragraphs 1 through 10 above as though fully set forth herein. 17. That the above-referenced remarks as indicated in paragraph 7 above including subparts, are discriminatory within the meaning of Title VII. 18. That such remarks toward Intervenor reveal a gender-bias and gender stereotyping toward female employees within the workplace in violation of Title VII. 19. Intervenor has suffered and will continue to suffer irreparable injury caused by defendant's illegal conduct. 20. That the defendant's actions were willful and malicious and constituted a reckless indifference to Intervenor's rights under Title VII. 21. As a result of the acts complained of herein, Intervenor has suffered and will continue to suffer the effects of unlawful discrimination, extreme emotional distress and mental anguish, loss of career opportunities, loss of a job, damage to Intervenor's reputation and professional development, and other compensable losses and damage. 22. The conduct of the defendant constitutes unlawful employment discrimination on the basis of sex and constitutes a violation of the Intervenor's rights pursuant to Title VII of the Civil Rights Act of 1964 as amended by Title VII of the Civil Rights Act of 1991, and the defendant is liable to the Intervenor for civil relief and other damages for the violation ofIntervenor's rights. WHEREFORE, Intervenor, CARRIE CaLLANDER nlkla CARRIE SPILLANE, respectfully requests that this Court:
6

a. Declare the acts complained of herein to be a violation of applicable law; b. Enter an Order enjoining and permanently restraining these violations of
Title VII and its amendments;
c. That the defendant be ordered to compensate, reimburse and make Intervenor whole for any benefits Intervenor would have received had it not been for defendant's illegal actions including but not limited to back pay and front pay;
d. An Order that defendant pay for an award to compensate Intervenor for her pain and suffering and for the humiliation caused the defendant's unlawful treatment in an amount to be determined at trial;
e. Intervenor prays for an award of punitive damages in an amount to be determined and which is appropriate pursuant to Title VII as amended to punish the defendant for the willful and malicious conduct necessary to deter defendant from engaging from such misconduct in the future;
f. Intervenor prays this Court award Intervenor costs and expenses of this action and award Intervenor reasonable attorneys' fees as provided under Title VII; and
g. That this Court grant such other and further equitable relief as is just and proper.
COUNT III
(RETALIATION - TITLE VII) Intervenor restates and realleges paragraphs 1 through 10 above as though fully
set forth herein. 23. That after Intervenor complained about the hostile work enviromnent,
Intervenor was subjected to adverse reprisals including probationary status.
7

24. That these adverse reprisals and Intervenor being placed on probationary status were in retaliation for her having complained about the hostile work environment in violation of Title VII.
25. Intervenor has suffered and will continue to suffer irreparable lllJUry caused by defendant's illegal conduct.
26. That the defendant's actions were willful and malicious and constituted a reckless indifference to Intervenor's rights under Title VII.
27. As a result of the acts complained of herein, Intervenor has suffered and will continue to suffer the effects of unlawful discrimination, extreme emotional distress and mental anguish, loss of career opportunities, loss of a job, damage to Intervenor's reputation and professional development, and other compensable losses and damage.
28. The conduct of the defendant constitutes unlawful employment discrimination on the basis of sex and constitutes a violation of the Intervenor's rights pursuant to Title VII of the Civil Rights Act of 1964 as amended by Title VII of the Civil Rights Act of 1991, and the defendant is liable to the Intervenor for civil relief and other damages for the violation ofIntervenor's rights.
WHEREFORE, Intervenor, CARRIE CaLLANDER nlkla CARRIE SPILLANE, respectfully requests that this Court:
a. Declare the acts complained of herein to be a violation of applicable law; b. Enter an Order enjoining and permanently restraining these violations of
Title VII and its amendments; c. That the defendant be ordered to compensate, reimburse and make
Intervenor whole for any benefits Intervenor would have received had it not been for defendant's illegal actions including but not limited to back pay and front pay;
8

d. An Order that defendant pay for an award to compensate Intervenor for her pain and suffering and for the humiliation caused the defendant's unlawful treatment in an amount to be determined at trial;
e. Intervenor prays for an award of punitive damages in an amount to be determined and which is appropriate pursuant to Title VII as amended to punish the defendant for the willful and malicious conduct necessary to deter defendant from engaging from such misconduct in the future;
f. Intervenor prays this Court award Intervenor costs and expenses ofthis action and award Intervenor reasonable attorneys' fees as provided under Title VII; and
g. That this Court grant such other and further equitable relief as is just and proper.
COUNT IV (CONSTRUCTIVE DISCHARGE) Intervenor restates and realleges paragraphs I through 10 above as though fully set forth herein. 29. That after Intervenor verbally complained to defendant through its agents and employees that the above-mentioned conduct was unwelcome and harassing, defendant's conduct continued. 30. That as a result of the foregoing actions, Intervenor was forced to leave her job in or around March, 2002 and was thus constructively discharged. 31. Intervenor has suffered and will continue to suffer irreparable lllJUry caused by defendant's illegal conduct. 32. That the defendant's actions were willful and malicious and constituted a reckless indifference to Intervenor's rights under Title VII. 33. As a result of the acts complained of herein, Intervenor has suffered and will continue to suffer the effects of unlawful discrimination, extreme emotional distress
9

and mental anguish, loss of career opportunities, loss of a job, damage to Intervenor's
reputation and professional development, and other compensable losses and damage.
34. The conduct of the defendant constitutes unlawful employment discrimination on the basis of sex and constitutes a violation of the Intervenor's rights
pursuant to Title VII of the Civil Rights Act of 1964 as amended by Title VII of the Civil
Rights Act of 1991, and the defendant is liable to the Intervenor for civil relief and other
damages for the violation ofIntervenor's rights.
WHEREFORE, Intervenor, CARRIE COLLANDER nlkla CARRIE SPILLANE, respectfully requests that this Court:
a. Declare the acts complained of herein to be a violation of applicable law;
b. Enter an Order enjoining and permanently restraining these violations of Title VII and its amendments;
c. That the defendant be ordered to compensate, reimburse and make Intervenor whole for any benefits Intervenor would have received had it not been for defendant's illegal actions including but not limited to back pay and front pay;
d. An Order that defendant pay for an award to compensate Intervenor for her pain and suffering and for the humiliation caused the defendant's unlawful treatment in an amount to be determined at trial;
e. Intervenor prays for an award of punitive damages in an amount to be determined and which is appropriate pursuant to Title VII as amended to punish the defendant for the willful and malicious conduct necessary to deter defendant from engaging from such misconduct in the future;
f. Intervenor prays this Court award Intervenor costs and expenses of this action and award Intervenor reasonable attorneys' fees as provided under Title VII; and
g. That this Court grant such other and further equitable relief as is just and proper.
10

JURY DEMAND Intervenor hereby demands a trial by jury on all counts properly submissible to a jury.

~-B~ /')~.

.

N"---.

One ofIntervenor's attorneys

Dennis R. Favaro Patrick J. Gorman Patricia L. Jochum Favaro, Buzek & Gorman, Ltd. 835 Sterling Avenue Suite 100 Palatine, Illinois 60067 (847) 934-0060

11

 
 Minute Order l'oml(06/97)

United States District Court, Northern District of Illinois

Name of Assigned Judge or Magistrate Judge

Matthew F. Kennelly

Sitting Judge if Other than Assigned Judge

CASE NUMBER

03 C 6364

DATE

3/512004

CASE TITLE
MOTION:

EEOC vs. Fifth Third Bank
[In the following box (a) indicate the party tiling the motion, e.g., plaintiff, defendant, 3rd party plaintiff, and (b) state briclly the nature of the motion being presented.]

DOCKET ENTRY:

o ( I )

Filed motion of [ use listing in "Motion" box above.]

(2)

o

Brief in support of motion due ___.

(3 )

o

(4) o

Answer brief to motion due___. Reply to answer brief due___. Ruling/Hearing on ___ set for _ _ _ at ___.

(5)

o

Status hearing[heldlcontinued to] [set for/re-set for] on ___ set for ___ at _ __

( 6)

o

Pretrial conference[heldlcontinued to] [set for/re-set for] on ___ set for ___ at ___.

( 7)

o

Trial[set for/re-set for] on ___ at _ _ _.

(8) o

[Bench/Jury trial] [Hearing] heldlcontinued to ___ at _ _ .'

(9) o

This case is dismissed [with/without] prejudice and without costs[by/agreementlpursuant to]
o FRCP4(m) 0 Local Rule 41.1 0 FRCP41(a)(I) 0 FRCP41(a)(2).

(10) •

[Other docket entry] For the reasons set forth on the attached Memorandum Opinion and Order,

the Court denies both of Fifth Third's motions for partial dismissal (9-1,11-1). Fifth Third is directed

to answer the remaining allegations of the complaint within seven days of this order.

• (11)

[For further detail see order attached to the original minute ordeL]

No notices required, advised in open court.

No notices required.

Notices mailed by judge's staff. Notified counsel by telephone.

Docketing 10 mail notices.

Mai! 1\0450 form. Copy to judge/magistrate judge.

l 's'n "lj',~I"L J ,1.''':\'_ \." (~,",0

courtroom

OR

deputy's

initials

-' • _, : -,
. '--
r

: I,' : L- :.' . : ~iU
9,alj!,ltil)1.c rece~vcp in central Clerk's Office

IlUmber ofll(lticcs daUl docketed
dOCk~
dale mailed notice
Illlliling depuly inilinls

Document Number

- - - - - - - - - - - - - - - - - - - - - - - - _.._ -..

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

DOCKETED
MAR 8 - 2004

EQUAL EMPLOYMENT OPPORTUNITY )

COMMISSION,

)

)

Plaintiff,

)

)

CARRIE COLLANDER

)

n/kJa CARRIE SPILLANE,

)

)

Intervenor,

)

)

v.

)

)

FIFTH THIRD BANK,

)

)

Defendant.

)

p. . (, '.
20114 , '. r.. , I.' ...
Case No. 03 C 6364

MEMORANDUM OPINION AND ORDER MATTHEW F. KENNELLY, District Judge:
The Equal Employment Opportunity Commission has sued Fifth Third Bank seeking relief for Carrie Spillane (formerly named Carrie Collander) and a class of Fifth Third employees who it claims were subjected to sexual harassment and gender discrimination at the offices of its Fox River Business Development Group. The EEOC's claims include allegations that the employees, or as least some ofthem (including Spillane) were constructively discharged. Spillane has intervened to assert claims on her own behalf, including a claim of constructive discharge due to sexual harassment. Fifth Third has moved to dismiss the constructive discharge claims on the grounds they are outside the scope of the administrative charge filed by Spillane, the only employee who filed a charge with the EEOC. For the reasons stated below, the Court denies Fifth Third's motions.

I

Facts Spillane began working at Fifth Third Bank in August 1996. She alleges that she was sexually harassed by her supervisor and other male colleagues starting in January 2001. On February 7, 2002 she accepted a position at another bank while remaining at Fifth Third. On February 11, 2002, Spillane filed a charge with the EEOC. In this charge she checked off sex and retaliation as the bases for the discrimination against her. She noted in the attached addendum that her superior had repeatedly made "gender-based and sexually offensive and derogatory remarks, comments and innuendoes" and that she had been subject to "adverse reprisals" for objecting, specifically, placement on 90 day probationary status. In or around March 2002, Spillane now alleges, she was constructively discharged due to the sexual harassment and retaliation; that allegation, however, was not included in her EEOC charge. Spillane began working at Bank Financial, her current employer, in April 2002. The EEOC commenced an investigation of Fifth Third Bank, and on March 31, 2003, it issued a Determination Letter to Fifth Third. In this letter the EEOC stated that the evidence it had obtained established reasonable cause to believe that Spillane and a class of females had suffered discrimination, in that they had been subjected to different terms and conditions of employment and harassed based on their gender. The letter also noted that "like and related to the charge and arising in the course of the investigation, I have further determined that the Respondent discriminated against a class of females in that it constructively discharged them based on their sex." The EEOC invited Fifth Third to participate in a conciliation process to eliminate these practices. Five months later, on August 20,2003, the EEOC issued a letter to Fifth Third stating that conciliation efforts had failed, and it filed this suit on September 10, 2003. The EEOC
2

alleged that Fifth Third subjected Spillane and a class of women to harassment because of their sex and to different terms and conditions of employment because of their sex, which resulted in the constructive discharge of some of them. In November 2003, Spillane intervened in the case as a plaintiff, including in her complaint a claim of constructive discharge.
Discussion Before a private plaintiff can file suit under Title VII, she must exhaust administrative remedies by filing a charge with the EEOC. See generally Gibson v. West, 201 F.3d 990, 992-93 (7th Cir. 2000). The claims she makes in the suit must be like or reasonably related to those contained in the administrative charge. See, e.g., Cheek v. Western and Southern Life Ins. Co., 31 FJd 497,500 (7th Cir. 1994). The same limitation does not apply to the EEOC. Before the EEOC may bring a lawsuit under Title VII following the filing of an administrative charge by a private individual, it must first attempt conciliation with the employer. See 42 U.S.C. §2000e-5(f)(1). But as several circuits have held, the EEOC can include in its lawsuit claims that were not part of the underlying charge, so long as the claims were discovered during a reasonable investigation of the charge, and the defendant was notified of the claims through a letter of determination and conciliation efforts. Both ofthese conditions are satisfied in this case. Once the EEOC receives a charge of discrimination, it is required to investigate the charge. See 42 U.S.C. §2000e-5(b). The initial charge serves essentially as the starting point for a reasonable investigation into the surrounding facts. lfthe EEOC, during that investigation, uncovers discriminatory conduct not identified in the original charge, it may include that conduct in a civil suit against the employer. E.g., EEOCv. Gen 'I Electric Co. 532 F.2d 359, 364 (4th Cir. 1976). In EEOC v. Gen 'I Electric, the EEOC investigated two charges of racial
3

discrimination filed by employees of the General Electric Company. Although it found that one of the charges had no merit, during the course of its investigation it discovered that GE had engaged in sex discrimination. Id. at 362. The EEOC provided GE with a Letter of Determination that alleged both race and sex discrimination, and the company responded by reserving the right to refuse conciliation on the "unrelated" charge of sex discrimination. Id. The Fifth Circuit reversed the district court's summary judgment for the defendant on the sex discrimination claim. Id. The court stated that the EEOC is not required to limit its civil suit to those claims that could have been raised by the private charging parties. Id. at 363. "If the EEOC uncovers during that investigation facts which support a charge of another discrimination than that in the filed charge, it is neither obliged to cast a blind eye over such discrimination nor to sever those facts and the discrimination so shown from the investigation in progress ..." Id. at 364.
The Eighth Circuit, in a case similar to the present one, ruled that the EEOC may bring charges of constructive discharge and wage discrimination when it uncovers such practices during an investigation of a charge of discriminatory demotion. In EEOC v. Delight Wholesale Co., 973 F.2d 664, 668 (8th Cir. 1992), a female employee filed a charge alleging that she had been demoted from a managerial position to an assistant sales position because she was a woman. When the EEOC investigated her charge, it uncovered evidence that her employer had made her work conditions unbearable and had paid her significantly less than her male colleagues for similar work. !d. at 667. In its Letter of Determination the EEOC stated that it was charging the defendant with wage discrimination and constructive discharge as well as unlawful demotion based on sex. Id. The Eighth Circuit affirmed the district court's decision that the EEOC was permitted to expand the charge in this manner, stating that "[t]he original
4

charge is sufficient to support EEOC action, including a civil suit, for any discrimination stated in the charge or developed during a reasonable investigation of the charge ... " !d. at 668. Accord, EEOC v. Brookhaven Bank & Trust Co., 613 F.2d 1022, 1024 (5th Cir. 1980) ("... it is obvious that the civil action is much more intimately related to the EEOC investigation than to the words of the charge which originally triggered the investigation"); EEOC v. Huttig Sash & Door Co., 511 F.2d 453 (5th Cir. 1975) (even when an employee settles with the employer, the EEOC has the right to pursue a lawsuit to correct discrimination discovered through the investigation that was not alleged in the charge.)
Though the Seventh Circuit has not squarely addressed this point, this court believes that it would follow the Fourth, Fifth, and Eighth Circuits if called upon to do so. In EEOC v. Harvey L. WaIner & Associates, 91 F.3d 963 (7th Cir.1996), the Court noted that the EEOC's investigatory powers are broad. "To further [the] public interest [in preventing employment discrimination], EEOC may allege in a complaint whatever unlawful conduct it has uncovered during the course of its investigation, provided that there is a reasonable nexus between the initial charge and the subsequent allegations in the complaint." [d. at 968. See also, e.g., EEOC v. United Airlines, 287 FJd 643, 655 (7th Cir. 2002) (ruling that EEOC subpoena was overbroad, but stating that "[s]hould the EEOC discover, in the course ofa significantly narrowed inquiry, evidence of a broader pattern of discrimination, it is, of course, free to file a commissioner's charge incorporating those allegations and broaden its investigation accordingly. ")
The EEOC's constructive discharge allegations meet the test set forth in Gen'l Electric and the other decisions discussed above. Specifically, there is a reasonable nexus between those allegations and Spillane's charge of sex discrimination and retaliation. With
5

regard to Spillane, the claim of constructive discharge does not involve any additional conduct by Fifth Third; rather it simply concerns an additional consequence of the conduct that she had alleged in her charge. Upon discovering conditions that it believed supported claims of constructive discharge, the EEOC provided Fifth Third, through the conciliation process, with the opportunity to address those claims. Thus Fifth Third was on notice, before this action was filed and during the administrative process, of the broader claims that have now been offered. It cannot credibly claim that it has been prejudiced by a lack of notice of the claim, when it was contained in the EEOC's Letter of Deterrnination and was subject to conciliation efforts. Brookhaven, 614 F.2d at 1025; Gen 'l Electric, 532 F.2d at 366. The purpose of requiring a reasonable cause finding and conciliation efforts is to provide the defendant with notice of the specific practices the EEOC has found to be unlawful, EEOC v. American Nat 'I Bank, 652 F.2d 1176, 1186 (4th Cir. 1981); that purpose has been satisfied in this case.
For these reasons, the Court denies Fifth Third's motion to dismiss the EEOC's constructive discharge allegations.' And because the EEOC can obtain on Spillane's behalf all the relief she seeks with regard to her own separate claim of constructive discharge, it appears to the Court that Fifth Third's motion to dismiss those claims from Spillane's complaint has effectively been rendered moot by our ruling on the EEOC's claim.
Conclusion For the reasons stated above, the Court denies both of Fifth Third's motions for partial dismissal [docket # 9-1,11-1]. Fifth Third is directed to answer the remaining allegations of the
, The Court of course expresses no view regarding the merits of those allegations. 6

complaint within seven days of this order. Date: March 5, 2004

1vut~ MATTHEWF. KE LLY United States District Judge

7

 
 CM/ECF LIVE, Ver 2.5 - U.S. District Court, Northern Illinois - Docket Report

Page 1 of 8

MASON, PROTO, TERMED
United States District Court Northern District of Illinois - CM/ECF LIVE, Ver 2.5 (Chicago)
CIVIL DOCKET FOR CASE #: 1:03-cv-06364

EEOC, et al v. 5th 3rd Bk Assigned to: Hon. Matthew F. Kennelly Demand: $0 Cause: 28:451 Employment Discrimination
Plaintiff
Equal Employment Opportunity Commission

Date Filed: 09/10/2003 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff
represented by Pamela Sue Moore-Gibbs United States Equal Employment Opportunity Commission 500 West Madison Street Suite 2800 Chicago, IL 60661 (312) 353-7568 Email: pamela.moore-gibbs@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

AUSA United States Attorney's Office, NDIL 219 South Dearborn Street Suite 500 Chicago, IL 60604 (312) 353-5300 Email: USAILN.ECFAUSA@usdoj.gov ATTORNEY TO BE NOTICED

John C. Hendrickson United States Equal Employment Opportunity Commission 500 West Madison Street Suite 2800 Chicago, IL 60661 (312) 353-8551 Fax: (312) 353-8555 Email: john.hendrickson@eeoc.gov ATTORNEY TO BE NOTICED

Noelle Christine Brennan Brennan & Monte, Ltd. 321 South Plymouth Court Suite 1515 Chicago, IL 60604

https://ecf.ilnd.uscourts.gov/cgi-bin/DktRpt.pl?739719756607738-L_923_0-1

5/5/2006

CM/ECF LIVE, Ver 2.5 - U.S. District Court, Northern Illinois - Docket Report

Page 2 of 8

V. Defendant Fifth Third Bank
Intervenor Plaintiff Carrie Collander

(312) 431-1800 Email: nbrennan@brennan-monte.com ATTORNEY TO BE NOTICED
represented by Mary Margaret Moore Bryan Cave LLP 161 North Clark Street Suite 4300 Chicago, IL 60601 (312) 602-5090 Email: mimi.moore@bryancave.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jules I. Crystal Bryan Cave 161 North Clark #4800 Chicago, IL 60601-3206 (312) 602-5000 Email: jules.crystal@bryancave.com ATTORNEY TO BE NOTICED
Stephen Boyd Mead SBC Ameritech Corporation 225 West Randolph Street Suite 27C Chicago, IL 60606 (312) 727-4121 Email: stephen.mead@sbc.com ATTORNEY TO BE NOTICED
represented by Dennis Ray Favaro Favaro & Gorman, Ltd. 835 North Sterling Suite 100 Palatine, IL 60067 (847) 934-0060 TERMINATED: 05/07/2004 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Andrew H. Haber Favaro & Gorman, Ltd. 835 North Sterling Suite 100

https://ecf.ilnd.uscourts.gov/cgi-bin/DktRpt.pl?739719756607738-L_923_0-1

5/5/2006

CM/ECF LIVE, Ver 2.5 - U.S. District Court, Northern Illinois - Docket Report

Page 3 of 8

Date Filed 09/10/2003
09/15/2003
09/18/2003 09/23/2003 10/27/2003 10/30/2003 11/07/2003

Palatine, IL 60067 (847) 934-0060 Email: ahaber@favarogorman.com TERMINATED: 05/07/2004
Patricia L. McLauchlan Jochum Favaro & Gorman, Ltd 835 Sterling Avenue Suite 100 Palatine, IL 60067 (847)934-0060 TERMINATED: 05/07/2004
Patrick John Gorman Favaro & Gorman, Ltd 835 Sterling Avenue Suite 100 Palatine, IL 60067 (847)934-0060 TERMINATED: 05/07/2004

#

Docket Text

1 COMPLAINT; jury demand - Civil cover sheet - Appearance(s) of John C. Hendrickson, Noelle Christine Brennan, Pamela Sue Moore-Gibbs as attorney(s) for plaintiff ( no summons(es) issued.) ( Documents: 1-1 through 1-3) (eav) (Entered: 09/10/2003)

SCHEDULE set on 9/15/03 by Hon. Matthew F. Kennelly : Status hearing set to 9:00a.m. on 11/10/03 , before Judge Kennelly in Chambers, room 2188. Parties are to review and comply with the attached standing order. Counsel for plaintiff(s) are ordered to cause a copy of this order to be delivered forthwith to each defendant in the same manner that has been or is being served on each defendant. Mailed notice (or) (Entered: 09/15/2003)

2 ATTORNEY APPEARANCE for defendant 5th 3rd Bk by Mary M. Moore, Stephen Boyd Mead, Jules I. Crystal; Notice of filing (eav) (Entered: 09/19/2003)

3 WAIVER of service of summons as to defendant 5th 3rd Bk sent on 9/16/03 (eav) (Entered: 09/24/2003)

4 MOTION by Carrie Collander for leave to intervene (Attachment); Notice (ar) (Entered: 10/31/2003)

5 MINUTE ORDER of 10/30/03 by Hon. Matthew F. Kennelly : Motion of intervenor Carrie Collander, n/k/a Carrie Spillane, for leave to intervene is granted [4-1]. Mailed notice (ar) (Entered: 10/31/2003)

6 INTERVENOR'S COMPLAINT by intervenor plaintiff Carrie Collander;

https://ecf.ilnd.uscourts.gov/cgi-bin/DktRpt.pl?739719756607738-L_923_0-1

5/5/2006

CM/ECF LIVE, Ver 2.5 - U.S. District Court, Northern Illinois - Docket Report

Page 4 of 8

11/07/2003 11/10/2003
11/10/2003 11/10/2003 11/24/2003 12/01/2003 12/01/2003 12/03/2003 12/03/2003
12/10/2003 12/19/2003

Notice of filing (eav) (Entered: 11/10/2003)
7 ATTORNEY APPEARANCE for intervenor plaintiff Carrie Collander by Dennis R. Favaro, Patricia L. McLauchlan Jochum, Patrick John Gorman, Andrew H. Haber (eav) (Entered: 11/10/2003)
SCHEDULE set on 11/10/03 by Hon. Matthew F. Kennelly : Status hearing pursuant to Rule 16(b) held with attorneys for all parties. Rule 26 (a)(1) disclosures are to be made by 11/21/03. Status hearing continued to 12/3/03 at 9:00a.m. Motion to dismiss is to be filed by 11/10/03; response is due by 11/24/03; reply brief is due 12/5/03. Defendant's Rule 26(a)(1) disclosures are to include identification of team leaders who reported to Tom Lux from 1/1/01 to present and all female employees who reported to Lux or such team leaders during that period. Mailed notice (or) (Entered: 11/10/2003)
8 ANSWER by defendant 5th 3rd Bk to plaintiff's complaint [1-1] (eav) (Entered: 11/10/2003)
9 MOTION by defendant for partial dismissal of complaint ; Memorandum in support of defendant's motion for partial dismissal (eav) (Entered: 11/10/2003)
10 MEMORANDUM by plaintiff in opposition to defendant's motion for partial dismissal [9-1] (Attachments); Notice. (cem) (Entered: 11/25/2003)
11 MOTION by defendant 5th 3rd Bk for partial dismissal (Attachment) (eav) (Entered: 12/02/2003)
12 ANSWER by defendant 5th 3rd Bk to intervenor's complaint [6-1] (eav) (Entered: 12/02/2003)
13 WITHDRAWAL by plaintiff EEOC of appearance of Noelle C. Brennan; Notice of filing (eav) (Entered: 12/04/2003)
15 MINUTE ORDER of 12/3/03 by Hon. Matthew F. Kennelly : Status hearing held and continued to 1/15/04 at 9:00a.m., to be held in chambers. Intervener's motion to dismiss [11-1], [9-1] is to be filed by 12/10/03. Defendant's combined reply is to be filed by 12/19/03. Amended 26(a)(1) disclosures, which are to include all alleged members of the patters and practice "class", are to be served by no later than 12/31/03. Plaintiff and intervener are directed to made a settlement demand by 12/31/03 and defendant is directed to respond by 01/07/04. Mailed notice (lc) (Entered: 12/18/2003)
14 RESPONSE by plaintiff intervenor Carrie Collander to defendant's motion for partial dismissal [11-1], [9-1] (Attachments); Notice of filing (eav) (Entered: 12/11/2003)
16 REPLY memorandum by defendant 5th 3rd Bk in support of defendant's motion for partial dismissal [11-1] (Attachments) (eav) (Entered: 12/22/2003)

https://ecf.ilnd.uscourts.gov/cgi-bin/DktRpt.pl?739719756607738-L_923_0-1

5/5/2006

CM/ECF LIVE, Ver 2.5 - U.S. District Court, Northern Illinois - Docket Report

Page 5 of 8

01/15/2004
01/21/2004 01/26/2004 01/26/2004 01/28/2004
01/28/2004 01/29/2004 02/02/2004 02/03/2004 02/04/2004 02/05/2004 02/05/2004

SCHEDULE set on 1/15/04 by Hon. Matthew F. Kennelly : Status hearing pursuant to Rule 16(b) held with attorneys for both sides. Settlement does not appear to be possible at this time. Status hearing continued to 1/28/04 at 9:00 a.m. Primary counsel for all parties are directed to meet face to face and to submit a proposed comprehensive discovery plan to the Court by 1/26/04. Plaintiff EEOC failed to properly supplement its Rule 26(a)(1) disclosures as ordered by the Court. It is ordered to do so by 12:00 p.m. on 1/16/04. If the EEOC fails to do so, a sanction will be imposed. Mailed notice (or) (Entered: 01/20/2004)
19 MOTION by plaintiff EEOC for entry of protective order (Attachments); Notice of motion (eav) (Entered: 02/02/2004)
17 JOINTLY proposed discovery plan and scheduling order; Notice of filing (eav) (Entered: 01/30/2004)
18 OPPOSITION by defendant 5th 3rd Bk to EEOC's motion for entry of a protective order (Attachment) (eav) (Entered: 01/30/2004)
SCHEDULE set on 1/28/04 by Hon. Matthew F. Kennelly : Status hearing pursuant to Rule 16(b) held with attorneys for both sides. Deadline for amending pleadings and adding parties is 3/31/04. Fact discovery ordered closed 6/30/04. Rule 26(a)(2) disclosures are due by 7/31/04 for plaintif and intervenor and 9/30/04 for defendant. Expert discovery ordered closed 10/31/04. The deadline for filing dispositive motions is 11/30/04. Status hearing continued to 7/9/04 at 9:30 a.m. Mailed notice (or) (Entered: 01/28/2004)
20 MINUTE ORDER of 1/28/04 by Hon. Matthew F. Kennelly : Plaintiff's motion for entry of protective order is granted without prejudice. [19-1] No notice (eav) (Entered: 02/02/2004)
21 AGREED MOTION by plaintiff for entry of agreed protective order (Attachments); Notice of motion (eav) (Entered: 02/09/2004)
22 MOTION by defendant for leave to file, instanter, defendant's additional materials in support of its motions for partial dismissal (Attachments); Notice of motion (eav) (Entered: 02/09/2004)
23 LETTER from Pamela Moore-Gibbs to Judge Kennelly dated 1/29/04 (eav) (Entered: 02/09/2004)
26 ADDITIONAL MATERIALS by defendant in support of its motions for partial dismissal [11-1], [9-1] (Attachments). (gma) (Entered: 02/10/2004)
24 MINUTE ORDER of 2/5/04 by Hon. Matthew F. Kennelly : Defendant's motion for leave to file instanter, additional materials in support of its motions for partial dismissal is granted. [22-1] Mailed notice (eav) (Entered: 02/09/2004)
25 MINUTE ORDER of 2/5/04 by Hon. Matthew F. Kennelly : The parties' agreed motion for protective order is granted. [21-1] (Entered Agreed Protective Order) Mailed notice (eav) (Entered: 02/09/2004)

https://ecf.ilnd.uscourts.gov/cgi-bin/DktRpt.pl?739719756607738-L_923_0-1

5/5/2006

CM/ECF LIVE, Ver 2.5 - U.S. District Court, Northern Illinois - Docket Report

Page 6 of 8

02/11/2004 02/12/2004
02/12/2004
03/05/2004
03/15/2004 03/16/2004 03/16/2004 03/16/2004 03/16/2004 04/02/2004 04/07/2004 04/13/2004 04/13/2004 04/14/2004

27 RESPONSE by plaintiff EEOC in opposition to defendant's motion to compel (Attachments); Notice of filing (eav) (Entered: 02/12/2004)
28 MOTION by defendant 5th 3rd Bank to compel production from plaintiff of medical and employment information relating to non-intervening class members and for sanctions (Attachments); Notice. (jmm) (Entered: 02/13/2004)
29 MINUTE ORDER of 2/12/04 by Hon. Matthew F. Kennelly: Defendant's motion to compel production from plaintiff of medical and employment information relating to non-intervening class members [28-1] and for sanctions [28-2] is granted in part and denied in part for the reasons stated in open court. Mailed notice (jmm) (Entered: 02/13/2004)
30 MINUTE ORDER of 3/5/04 by Hon. Matthew F. Kennelly : For the reasons set forth on the attached memorandum opinion and order, the Court denies both of Fifth Third's motions for partial dismissal [9-1], [111]. Fifth Third is directed to answer the remaining allegations of the complaint within seven days of this order. Entered Memorandum Opinion and Order. Mailed notice (eav) (Entered: 03/08/2004)
34 EMERGENCY MOTION by intervenor plaintiff to quash (Attachments); Emergency Notice of motion (eav) (Entered: 03/22/2004)
31 AMENDED AFFIDAVIT of Patricia Jochum; Notice of filing (eav) (Entered: 03/16/2004)
32 AMENDED ANSWER by defendant 5th 3rd Bk to plaintiff's complaint (eav) (Entered: 03/17/2004)
33 AMENDED ANSWER to Intervenor's Complaint [12-1] by defendant 5th 3rd Bk (eav) (Entered: 03/17/2004)
35 MINUTE ORDER of 3/16/04 by Hon. Matthew F. Kennelly : Emergency motion to quash is denied for the reasons stated in open court. [34-1] No notice (eav) (Entered: 03/22/2004)
36 AMENDED Notice by intervenor plaintiff Carrie Collander of motion to withdraw (eav) (Entered: 04/16/2004)
37 MOTION by defendant to compel ; Notice of motion; Memorandum of law in support (eav) (Entered: 04/16/2004)
38 NOTICE by intervenor plaintiff Carrie Collander of change of firm name; Notice of filing (eav) (Entered: 04/16/2004)
40 MOTION by intervenor plaintiff Carrie Collander to withdraw attorneys Dennis R. Favaro, Patricia L. Jochum, Patrick J. Gorman and Andrew H. Haber (eav) (Entered: 04/16/2004)
39 MINUTE ORDER of 4/14/04 by Hon. Matthew F. Kennelly : Defendant's motion to withdraw, and motion to compel are entered and continued to 4/27/04 at 9:30 a.m. [37-1] Intervener Carrie Collander, is ordered to appear. Mailed notice (eav) (Entered: 04/16/2004)

https://ecf.ilnd.uscourts.gov/cgi-bin/DktRpt.pl?739719756607738-L_923_0-1

5/5/2006

CM/ECF LIVE, Ver 2.5 - U.S. District Court, Northern Illinois - Docket Report

Page 7 of 8

04/27/2004 05/07/2004
05/12/2004 05/19/2004 05/20/2004 05/21/2004
06/24/2004 07/02/2004 07/07/2004 07/08/2004
07/19/2004

41 MINUTE ORDER of 4/27/04 by Hon. Matthew F. Kennelly : Ruling on motion to withdraw and [40-1] motion to compel [37-1] is reset to 5/7/04 at 9:30 a.m. Mailed notice (eav) (Entered: 04/29/2004)
42 MINUTE ORDER of 5/7/04 by Hon. Matthew F. Kennelly : Intervenors complaint is dismissed without prejudice. Response to motion to compel is due 5/17/04; court will rule by mail. [37-1] Motion of Andrew Haber, Patrick Gorman, Dennis R. Favaro and Patricia L. Jochum to withdraw their appearances on behalf of Intervenor is granted. [40-1] Mailed notice (eav) (Entered: 05/10/2004)
44 MOTION by defendant to compel production and for leave to exceed the one day/seven hour deposition limit (Attachments); Notice of motion (eav) (Entered: 05/26/2004)
43 RESPONSE by plaintiff to defendant's motion to compel production and for leave to exceed the one day/seven hour deposition time [37-1] (Attachments); Notice of filing (eav) (Entered: 05/20/2004)
45 MINUTE ORDER of 5/20/04 by Hon. Matthew F. Kennelly : Defendant's motion to compel production is deferred. Motion for leave to exced the one day/seven hour deposition limit is granted. [44-2] Mailed notice (eav) (Entered: 05/26/2004)
46 MINUTE ORDER of 5/21/04 by Hon. Matthew F. Kennelly : For the reasons stated on the reverse side of this order, plaintiff is directed to produce to defendant unredacted copies of the documents bearing identification numbers E1873, E1947, and E1155. The remaining redactions are appropriate. Plaintiff is directed to maintain an unredacted copy of the pages that will not be produced so they can be made part of the record in the event of an appeal. Mailed notice (eav) (Entered: 05/26/2004)
47 TRANSCRIPT of proceedings for the following date(s): 2/12/04 Before Honorable Matthew F. Kennelly (eav) (Entered: 06/25/2004)
48 JOINT MOTION by plaintiff EEOC for entry of consent decree ; Notice of motion (eav) (Entered: 07/14/2004)
SCHEDULE set on 7/7/04 by Hon. Matthew F. Kennelly : Status hearing reset to 9:30 7/8/04 . No notice (or) (Entered: 07/07/2004)
49 MINUTE ORDER of 7/8/04 by Hon. Matthew F. Kennelly : The parties' joint motion for entry of consent decree is granted. [48-1] Status hearing set to 7/9/04 is vacated. Clerk of Court is directed to terminate all pending motions. (Entered Consent decree) terminating case Mailed notice (eav) (Entered: 07/14/2004)
NOTICE by defendant 5th 3rd Bk of change of address of attorney Mary Margaret Moore (Original in 02 C 7754) (eav) (Entered: 07/19/2004)

https://ecf.ilnd.uscourts.gov/cgi-bin/DktRpt.pl?739719756607738-L_923_0-1

5/5/2006

CM/ECF LIVE, Ver 2.5 - U.S. District Court, Northern Illinois - Docket Report

PACER Service Center
Transaction Receipt

PACER Login: Description: Billable Pages:

05/05/2006 15:45:25

hs0328

Client Code:

Docket Report Search Criteria:

4

Cost:

EEOC 1:03-cv-06364 0.32

Page 8 of 8

https://ecf.ilnd.uscourts.gov/cgi-bin/DktRpt.pl?739719756607738-L_923_0-1

5/5/2006