IN THE UNITED STATES DISTRICT COURT

';:<-1 1-t~l"r::-D- 4

FOR THE NORTHERN DISTRICT OF ILLINOIS02 ,ji If / C) ,.

EASTERN DIVISION

~- 0 iii!!!: 110

U.S. EQUAL EMPLOYMENT OPPORTUNITY

)

COMMISSION,

)
DOCKETED ~
Plaintiff,

JULI 9 ZOOZ)

v.

)

)

UNITED AIR LINES, INC.

)

)

Defendant.

)

)

COMPLAINT JURY DEMAND

1

NATURE OF THE ACTION

'i,

This is an action under Title I of the Americans with Disabilities Act of 1990 (the nADAn),

'1
'1
42 U.S.C. § 12101 et seq., and Title I of the Civil Rights Act of1991, 42 U.S.C. § 1981a, to correct

unlawful employment practices on the basis ofdisability, and to provide appropriate reliefto Robert

L. Zackery ("Zackery") and a class of disabled applicants who were adversely affected by such

practices. As alleged with greater particularity below, Defendant United Air Lines, Inc. (nDefendantn) failed to hire Zackery and a class of disabled applicants, because of their disability,

diabetes.

JURISDICTION AND VENUE

1. lurisdictionofthisCourt is invoked pursuant to 28U.S.C. §§451, 1331, 1337, 1343

and 1345. This action is authorized and instituted pursuant to Section 107(a) of the

Americans with Disabilities Act of 1990 ("ADA"), 42 U.S.C. § 12117(a), which incorporates by reference Sections 706(£)(1) and (3) of Title VII of the Civil Rights Act of 1964 (nTitle VIIn), 42

U.S.C. § 2000e-5(£)(I) and (3), and pursuant to Section 102 of the Civil Rights Act of 1991,42

.'

U.S.C. § 1981a.

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

within the jurisdiction ofthe United States District Court for the Northern District ofIllinois, Eastern

Division.

,

PARTIES

1
3. Plaintiff, the Equal Employment Opportunity Commission (the "Commission"), is

the agency of the United States of America charged with the administration, interpretation and

enforcement ofTitle I ofthe ADA and is expressly authorized to bring this action by Section 107(a)

of the ADA, 42 U.S.C. § 12117(a), which incorporates by reference Sections 706(f)(1) and (3) of

Title VII, 42 U.S.C. § 2000e-5(f)(I) and (3).

4. Defendant, United Air Lines, Inc., is an airline incorporated in Delaware. At all

relevant times, Defendant has continuously been doing business in the State of Illinois and the

Township of Elk Grove, and has continuously had at least fifteen (15) employees.

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

industry affecting commerce under Section 101(5) ofthe ADA, 42 U.S.C. § 12111(5), and Section

101(7) ofthe ADA, 42 U.S.C. § 12111(7), which incorporates by reference Sections 701(g) and (h)

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

6. At all relevant times, Defendant has been a covered entity under Section 101(2) of

the ADA, 42 U.S.c. § 12111(2).

STATEMENT OF CLAIMS

7. More than thirty days prior to the institution of this lawsuit, Zackery filed a charge

with the Commission alleging violations of Title I of the ADA by Defendant. All conditions

precedent to the institution of this lawsuit have been fulfilled.

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8. Since at least July 3, 1997, Defendant has engaged in unlawful employment practices in violation of Section I02(a) and I02(b)(5) of Title I of the ADA, 42 U.S.C. §§ 12112(a), (b)(5). Such practices include, but are not limited to, failing to hire Zackery and a class of disabled applicants on account oftheir disability.
9. The effect of the practices complained of in paragraph 8 above has been to deprive Zackery and a class of disabled applicants of equal employment opportunities and otherwise adversely affect their status as employees because of their disability.
10. The unlawful employment practices complained ofin paragraphs 8 and 9 above were intentional.
11. The unlawful employment practices complained ofin paragraphs 8 and 9 above were done with malice or with reckless indifference to the federally protected rights ofZackery and a class of disabled applicants.
PRAYER FOR RELIEF WHEREFORE, the Commission respectfully prays that this Court: A. Grant a permanent injunction enjoining Defendant, its officers, successors, assigns, and all persons in active concert or participation with it, from engaging in any employment practice which discriminates on the basis of disability. B. Order Defendant to institute and carry out policies, practices, and programs which provide equal employment opportunities for qualified individuals with disabilities, and which eradicate the effects of its past and present unlawful employment practices. C. Order Defendant to make whole Robert L. Zackery, and a class ofdisabled applicants by providing appropriate backpay with prejudgment interest, in amounts to be determined at trial, and other affirmative reliefnecessary to eradicate the effects ofits unlawful employment practices.
3

j ·

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D. Order Defendant to make whole Zackery and a class of disabled applicants by

providing compensation for past and future pecuniary losses resulting from the unlawful

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1

employment practices described in paragraphs 8 and 9 above, including job search and medical

1

expenses, in amounts to be determined at trial.

E. Order Defendant to make whole Zackery and a class of disabled applicants by

providing compensation for past and future nonpecuniary losses resulting from the unlawful

practices complained ofin paragraphs 8 and 9 above, including pain, suffering, emotional distress,

injury to his professional reputation, inconvenience, and mental anguish, in amounts to be 1
!
determined at trial.

F. Order Defendant to pay Zackery and a class ofdisabled applicants punitive damages

1

;

!

for its malicious and reckless conduct, as described in paragraphs 8 and 9, in amounts to be

determined at trial.

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

interest.

H. Award the Commission its costs of this action.

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JURY TRIAL DEMANDED The Commission requests a jury trial on all questions of fact raised by the Complaint.

Respectfully submitted,

1 ,

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Nicholas M. Inzeo Acting Deputy General Counsel

Gwendolyn Young Reams Associate General Counsel

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

oelle Brennan Supervisory Trial Attorney
Lauren Dreilinger Trial Attorney
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Chicago District Office 500 West Madison Street Suite 2800 Chicago, Illinois 60661 (312) 353-7303
5

Civil Cover Sheet
]

h~www.ilnd.uscourtS.gOV/PUBLIC/FOnns/auto..JS44

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF ILLINOIS
Civil Cover Sheet

'-I': ,..! -,1. '4 I~ ....~.."...'....".!.-.. ~
02 \)'u:'/.,...i, 8 r,l.,,ll"l',l'}!0
SLt.!((\ u.s. DISi~iCT COUin

This automated JS-44 confonns 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 of pleadings or other papers as required by
law. This form is authorized for use Jl!l!x in the Northern District of Illinois.

i
;

Plaintiff(s): EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
County of Residence:

17fiJC Defendant(s):UNITED AIR LINES,

County of Residence:

JU KETED

Plaintiffs Atty: Lauren G. Dreilinger

Defendant's Atty:

L·1 9 2002

Equal Employment Opportunity Commission

Julie E. LaEace Seyfarth Shaw

500 W. Madison, Suite 2800

55 E. Monroe, Suite 4200

Chicago, II., 60661

Chicago, II., 60603

312-353-7303

II. Basis of Jurisdiction:

1. U.S. Gov't Plaintiff

m. Citizenship of Principal
Parties (Diversity Cases Only) Plaintiff:- N/A
Defendant:- NIA

02C 5081
JUDGE RONALD GUZMAN
MAGISTRATE JUDGE LBVIN_

N. Origil1:

1. Original Proceeding

V. Nature of Suit:

442 Employment

VI-Cause of Action:

Title I of the Americans With Disabilities Act of 1990 ("ADA"), 42

U.s.C. § 12101 et seq., and Title I ofthe Civil Rights Act of 1991,42 U.S.C. § 1981a, to correct unlawful employment practices on the basis

of disability.

VII. Requested in Complaint

Class Action: Yes

Dollar Demand:

Jury Demand: Yes

vm. This case IS NOT a refiling of a previously dismissed case.

Signature: ~tJ..~
Date: ~ I'" 200"2.

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF ILLINOIS

In the Matter of

Eastern Division

EQUAL EMPkOYMENT OPPORTUNITY ''If;i,

COMMISSION ...

Plaintiff,

v.

UNITED AIR LINES, INC.

Defendant.

!"'; "
U.S CISj'R'!CT COUIIT
Case N1I2(}'<'i~5(f8'i

APPEARANCES ARE HEREBY FILED BY THE UNDERSIGNED AS ATTORNEY(S) FOR:
JUDGE RONALD GUZMAN

";.~tm.rl~~1;K\:M~.j~t\i\&i\l0;',*~j~7~#¥¥~~IV£:4j/liFfi'n'f"C-:~;'h#¥u~F"~"4j!li)fW?';;.AJ;>~R1i*i9M';';;~;}4~iH.H~'\t"~\~~~..,,,~_~,-...·--c:

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~

MAGISTRA'iTI

HIDGE

I.RYI~!
--

!

1

(A)

(B)

lilfC'KETED

NAME
Lauren Dreilinger
FIRM
Equal Employment Opportunity Commission
STREET ADDRESS
500 W. Madison, Suite 2800
CITY/!?TATEIZIP
Chicago,IL 60661
"

JULI 9 2002

NAME

~

Noelle C. Brennan

FIRM
Equal Employment Opportunity Commission

STREET ADDRBSS
500 W. Madison, Suite 2800

CITY/STATE/ZIP
Chicago, lL 60661

IOENTlFlCATION NUMBER (SEE ITEM 4 ON REVERSE)

ARDC No. 06274840
MEMBER OF TRIAL BAR?

D YES

NO

TRIALATIORNEY?

~ -,/

0' o A YES

NO

IDENTIFICAnON NUMBER (SEE ITEM 4 ON REVERSE)
ARDC No. 06228901
MEMBER OF TRIAL BAR?
TRIAL ATIORNEY?

tAl /I /.l.,J

DESIGNATED AS LOCAL COUNSEL?
!

::T"-/lV,.;JU ,1UJ/,An 1/1 J I /

VljfV I

Ii i'A/ II/!J 'J./~'1j

SIGNATURE

(D)

NAME

John C HendriM'on;V (

Equal mplo~ent Opportunity Commission

FIRM

'1. STREET AD RESS
\ 500 Madison, Suite 2800
~~ATEfZIP
Chicago, IL 60661

STREET ADDRESS CITY/STATE/ZIP

TELEPHONE NUMBER
(312) 353-8551

TELEPHONE NUMBER

IDENTIFICATION NUMBER (SEE ITEM 4 ON REVERSE)

IDENTIFICATION NUMBER (SEE ITEM 4 ON REVERSE)

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

0 YES
0 YES D YES

D NO 0 NO
0 NO

MEMBER OF lRlAL BAR? TRIAL ATIORNEY? DESIGNATED AS LOCAL COUNSEL?

D YES 0 YES D YES
0 YES
0 YES
D YES

0 NO 0 NO
D NO
D NO
0 NO NO D.

 
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"" United States District Court, Northern District ofIllinois

!..... Nam. of A..lgn.,iJ dl~ or Maglstra', J dC~

Ronald A. Guzman

SllUng Judg.lf Olb.r than Als1loed Judge

I I
CASE NUMB R

02 C 5081 j

DATE

4/13/2004

CASE I

EQUAL EMPLOYMENT OPPORTUNITY vs. UNITED AIR LINES, INC.

TITLE
MOTION: .

[In lb. folioWIDS box (a) indicate 'he pari)! filing Ibe motion. e.g.• plal.nh.lT. defendan~ 3rd pari)! plal.nt.ilT. and (b) statebneOy tbenatwe
afthe motion being presented.]

DOCKET

(I) 0 (2) 0

Fil ~d motion of[ use listing in "Motion" box above.]

~ri~f in support ofmotion due _ _.

.

(3) (4)

0' 0,

, I .onello motion due_ _. Reply to answer brief due_ _.
II'! ~1\r1_I~g'I,f"I,e'arUlg on _ _ set for _ _ at _ .

(5) 0 ',ii, Sltat 1& hearing[beldlcontinued to] [set for/re-set for] on _ _ set for _ _ at _ _.

I

,

(6) 0 , ':~" ~~ conference[heldlcontinued to] [set for/re-set for] 00 _ _ set for _ _ at _ _.

(7) 0 11\"" l.~' for/re-set for] on _ _ at _ _.

iii

(8) 0

, ,

_, trial] [Hearing] heldlcontinued to _ _ at _ _.

(9) 0 I,' n'tis :ase is disotissed [witblwithout] prejudice and without costs[by/agreement/pursuant to]

i

.\.:~ 0 Local Rule 41.1 0 FRCP41(a)(I) 0 FRCP41(a)(2).

1:,1

e '. (10) • II [qtbw: docket enlly] Joint motion for entry of consent decree is granted. Enter consent decree.

This cs I<

Any pending moti~ns or schedules are stricken.

(11) •

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t I,
I' I: ! ji
i ,,,,f,,,i' I' .... u~"'" see order attached to the

mioute~rder.]

No

1'--:-' . ~~ 11, ~ioil';"', in open court.
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No notices, I, \; I', I '

Notices mailed .'1, ',D staff.

Notified COUl"c!',II'~',,11~1I1~phOOle.

Dooketing

10

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T" u .. [',

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Mail AO 450 rol4· 'iii I

Copy .. ,. _0_ " ' : , '

"",,,.;,"'..-

.'

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

EQUALE~LOYMENTOPPOR~TY )

COMMISSION,

)

)

Plaintiff,

)

)

v.

)

)

UNITED AIR LINES, INC., d/b/a UNITED )

AIR LINES,

i \

)

" I

)

Defendant

I

I!

)

ufi~l[trfj)
APR 2 6 2004
Case No. 02 C 5081 Judge Ronald Guzman Magistrate Judge Levin

CONSENT DECREE THE LITIGATION
PlaintiffEqual Employment Opportunity Commission ("EEOC") filed this action

alleging that Defendant United Airlines, Inc. ("United" or "Defendant'') violated Title I ofthe

Americans with Disabilities Act of 1990 (the "ADA"), 42 U.S.C. § 12101 el seq. The EEOC

seeks relief for Robert Zackery ("Mr. Zackery" or the "Charging Party''), who filed a charge of

discrimination and a class of other applicants.

,

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In the interest of resolying this matter, and as a result ofcomprehensive settlement

agree4 negotiations, the parties have

that this action should be finally resolved by entry of this

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Consent Decree. This Consent Decree fully and fmally resolves any and all issues and claims

arising out ofthe Charge of Discrimination filed by Mr. Zackery (EEOC Charge No. 210973368)

and the Complaint filed by the EEOC in this action.

On December 9, 2002, United and several affiliated companies (UAL CORPORATION,

et al.) (the "Debtors'') filed petitions for relief pursuant to Chapter 11 of Title II of the United

States Code (the "Bankruptcy Code"). These cases are being jointly administered under Case

CH I 106355022

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.<
No. 02-48191 through 02-48218 before the Honorable Judge Eugene R. Wedoffin the Bankruptcy Court in the Northern District of Illinois (the "Bankruptcy Case'').
FINDINGS Having carefully examined the tenns and provisions of this Decree, and based on the pleadings, records and stipulations of the parties, the Court finds the following: A. This Court has jurisdiction of the subject matter of this action and of the parties. B. The terms ofthis Decree are adequate, fair and reasonable. The rights ofthe parties and the public interest are adequately protected by this Decree. C. This Decree conforms with the Federal Rules of Civil Procedure and the ADA and is not in derogation of the rights or privileges of any person. The entry of this Decree will further the objectives of the ADA and will be in the best interests ofthe parties, the Charging Party, and the public. NOW, THEREFORE, IT IS ORDERED, ADJUDGED AND DECREED THAT:
DURAnON OF DECREE AND RETENTION OF JURISDICTION 1. Unless otherwise noted, all provisions of this Decree shall be in effect (and the Court shall retain jurisdiction of this matter to enforce this Decree) for a period of two (2) years from the date the Court enters the Decree (hereinafter the "effective date''), provided, however, that if, at the end ofthe two (2) year period, any disputes under Paragraph 14 below remain unresolved, the term ofthe Decree shall be automatically extended (and the Court will retain jurisdiction of this matter) solely for the purpose of resolving all such disputes and the term shall terminate after all disputes have been resolved.
INJUNCTION AGAINST DISABILITY DISCRIMINATION 2. For a period of two (2) years following the effective date of this Decree, United Airlines and its officers, agents, management (including supervisory employees), successors,
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CHI 106355022

assigns, and all persons acting in concert with them shall not: (i) discriminate against United Airlines employees/applicants for employment with the Chicago O'Hare Airport Operations Division on the basis oftheir disability related to multiple sclerosis or diabetes; or (il) fail to make a reasonable accommodation for any qualified employee/applicant with the Chicago O'Hare Airport Operations Division, with a disability related to diabetes or multiple sclerosis, in violation of the ADA. Chicago O'Hare Airport Operations Division includes employees in Ramp Service, Cabin Service and Customer Service Representatives at the Chicago O'Hare facility.
United's obligations under this injunction are no greater than those required under the
ADA or any other comparable state or local law, or ordinance prohibiting disability discrimination.
The EEOC's ability to seek a contempt order for violation ofthis Paragraph shall be no greater thanits statutory rights conferred by the ADA or Title VIT, nor shall it relieve the EEOC of its statutory obligations under the enforcement provisions ofthe ADA or Title VII.
EFFECT OF DECREE 3. This Consent Decree shall not constitute an admission by any party as to the claims or defenses of another party.
SETTLEMENT OF CLAIM
4. Mr. Zackery and the class members will be allowed a noncontingent, general
unsecured prepetition claim in the gross amount of $750,000.00 on account of any damages arising out of this action (less applicable withholding for Zackery and the class members' share
of federal, state and local taxes and other applicable deductions as required by law). United wilJ
direct its official Notice and Claims Agent to docket a noncontingent, liquidated, undisputed,
general unsecured prepetition claim in the amount of$750,000.OO in favor ofMr. Zackery and 3
CHI 10635502.2

. · ..
the class members and to expunge the EEOC's Proof of Claim filed on Mr. Zackery and the class
members' behalf(identified in the Bankruptcy Case as Claim No. 2368), as well as any other
Proof of Claim filed by Mr. Zackery, any class member or any other individual on their behalf.
The allocation ofthis amount among the class members is set forth in Exhibit C, which is filed
under seal. Mr. Zackery, the class and the EEOC acknowledge that any distribution on account
of such claim will be made only pursuant to a confirmed plan ofreorganization in the Bankruptcy Case. Such claim shall not enjoy any type of statutory or admjnj~trative priority over any other general, unsecured, prepetition claim in the Bankruptcy Case.
5. The Debtors shall duly file a motion (the "9019 Motion") with the Bankruptcy Court pursuant to Federal Rule of Bankruptcy Procedure 9019 for approval ofthis Consent Decree. In the absence of any objection filed and served within twenty (20) days after the filing ofthe 9019 Motion, the Debtors will submit a Certificate ofNo Objection so that the Bankruptcy
! ,
Court may enter the order (the "9019 Order'') approving the 9019 Motion. After the Bankruptcy Court enters the 9019 Order, the Debtors may execute and consummate the Consent Decree, and said Consent Decree will be binding on them and their estate without further action by the
,
Bankruptcy Court. Ifan objection is raised within the 20-day notice period and ultimately is resolved in the Debtors' favor, the Consent Decree will become effective upon entry ofa court order denying the objection. If an objection is raised within the 20-day notice period and ultimately is resolved in favor of the objector, the Consent Decree shall be deemed to have been void ab initio.
6. United shall issue Mr. Zackery and the named class members four (4) domestic
vouchers each for travel within the United States within thirty (30) days ofthe effective date of this Decree. The travel vouchers shall be issued without any travel restrictions, including but not
4
CHI 10635502.2

·, limited to blackout dates, shall not expire and shall be transferable to any person whom Mr. Zackery or the class member designates. If expiration dates are included on the vouchers, then United shall designate a person to whom Mr. Zackery or the class member may renew the voucher. 7. Throughout the duration of this Decree, United shall give priority to applications received from Zackery and the named class members for employment as Ramp Service people at United's Chicago O'Hare facility. The term "priority" means that United will interview any named class members for open Ramp Services positions at the Chicago O'Hare facility before intFrviewing any other applicant. Nothing in this provision impacts or supercedes United's obligations under the relevant Collective Bargaining Agreement ("CBA"). Named class members who wish to submit an application during this period will contact Vania Montero Wit in United's Legal Department. Named class members will.not be ~uired to telephone Ms. Wit . prior to applying, but may simply mail an application to her attention at UAL, WHQLD, 1200 East Algonquin Road, Elk Grove, Illinois 60007. United shall provide the EEOC with a copy of all named class members' applications within thirty (30) days of receipt by Ms. Wit ofany such application. POSTING OF NOTICE 8. Within ten (10) business days after the effective date of this Decree, United shall post copies of the Notice attached as Exhibit B to this Decree on the bulletin boards at its Chicago O'Hare facility, which are usually used by United for communicating with United's O'Hare Airport Operations employees. The Notice shall remain posted for two (2) years from the effective date of this Decree. United shall take all reasonable steps to ensure that the posting is not altered, defaced or covered by any other material. United shall certifY to the EEOC in writing within ten (10) business days after the effective date of the Decree that the Notice has 5
CHI 10635502.2

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been properly posted. United shall permit a representative ofthe EEOC to enter United's premises for pwpose ofverifying compliance with this Paragraph at any time during normal business hours without prior notice.
RECORD KEEPING 9. For a period of two (2) years from the effective date of this Decree, United shall aintain all records concerning its implementation ofthis Decree. United shall also maintain ords of complaints ofdisability discrimination and failure to accommodate disabilities from mployees or applicants for employment with Chicago O'Hare Airport Operations, made to ersonne1 Administrative Supervisors, Human Resources with responsibility for O'Hare Airport perations, the Legal Department, United's toll-free Business Conduct Line, and to COlpOrate ·versity. The records shall include United's investigation of such complaints and any response o action taken as a result ofthe complaints.
. REPORTING 10. UnitedshallfumiSh to the EEOC thefoUowing written reports every six (6) m nths for a period of two (2) years, following the effective date ofthis Decree and continuing un '1 the expiration of this Decree. The first report shall be due six (6) months after effective da of the Decree. Each such report shall contain:
a. A summary of the information recorded by United pursuant to Par graph 9;
b. A certification by United that the Notice required to be posted pursuant to
Par graph 8 remained posted during the entire six (6) month period preceding the report; c. A certification that United's Chicago O'Hare Airport Operations
emp oyees have received the training required pursuant to Paragraph 12 and 13, a list ofthe
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CHIlO 355022

· ,
employee job classifications that have received such training, and the dates on which they received such training.
DISTRIBUTION OF POLICY AGAINST DISABILITY DISCRIMINATION
11. United will redistribute its policy against disability discrimination in the manner it normally distributes its personnel policies within thirty (30) days ofthis Decree. The policy shall, at a minimum:
a. Specifically prohibit all discrimination on the basis ofdisability against
United Airlines employees and applicants for employment. b. Provide that employees are entitled to a reasonable accommodation of
their qualifying disability in accordance with the terms of the ADA. c. Provide that complaints of disability discrimination will be investigated
thoroughly and promptly. d. Provide that United employees who violate the policy with respect to
qualifying employees and applicants for employment are subject to discipline up to and including discharge.
In 1998, United Airlines adopted a revised accommodation process for persons with
diabetes applying for work in the Chicago O'Hare Airport Operations Division, which provides,
at minimum: a. Decisions about employment, restriction, and accommodation of
employees with diabetes in safety-sensitive positions at United Airlines' Chicago O'Hare Airport Operations are made on a case-by-case basis.
7
CHI 10635502.2 "."'

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b. United Airlines must request information and/or consultation from applicants for safety sensitive positions at Chicago O'Hare Airport Operations to determine whether an accommodation is appropriate.
c. Ifit is determined that accommodation is appropriate, United Airlines must notify the applicant that they may have the opportunity to participate in the glucose monitoring program.
TRAINING 12. All United supervisors and managers at the Chicago O'Hare facility working in Airport Operations, including Human Resources personnel, shall participate in a training session by a United in-house or outside attorney, or a trainer paid for by United regarding the requirements of the ADA. United shall submit to the EEOC the materials to be used in, relied upon, or distributed in the training session, forty-five (45) days prior to such training. The EEOC will respond to United, in writing, within ten (10) days ofreceipt of the training materials. • The training may begin within sixty (60) days of effective date of this Decree and shall be completed within twelve (12) months of the effective date of this Decree. United's policy, as referenced in Paragraph 11, shall be distributed at the training session(s). 13. All medical personnel performing pre-employment medical exams for applicants for safety-sensitive positions at United's Chicago O'Hare Airport Operations Division shall receive training on the general requirements of the ADA and specifically on United's policy regarding accommodating persons with diabetes by allowing them to participate in a glucose monitoring program. The first training shall be conducted within sixty (60) days of the effective date of this Decree and shall be completed within twelve (12) months of the effective date ofthis Decree. All medical personnel performing pre-employment medical exams for applicants for safety-sensitive positions at United's Chicago O'Hare Airport Operations hired after the training
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CH I 106355022

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session, shall receive the same training within 30 (thirty) days ofhire. The training sessions shall

include, at a minimum:

a. All medical personnel performing pre-employment medical exams for

applicants for safety sensitive positions at Chicago O'Hare Airport Operations shall be informed

that employment, restriction and accommodation ofemployees with diabetes are made on a case-

by-case basis.

,

,

b. All niedical personnel perfonWng pre-employment medical exams for

:

I

I

applicants for safety sensitive positions at Chicago O'Hare Airport Operations shall be instructed

to request information or consultation from a diabetic applicant to be able to make a

recommendation for accommodation.

c. All medical personnel performing pre-employment medical exams for

applicants for safety sensitive positions at Chicago O'Hare Airport Operations shall be instructed

that ifaccommodation for a diabetic applicant is appropriate, they should inform the applicant

that he or she has the opportunity to participate in the glucose monitoring program;

d. All medical personnel performing pre-employment medical exams for

applicants for safety sensitive positions at Chicago O'Hare Airport Operations shall be instructed

to inform Employment if the status of the disease precludes accommodation;

e. All medical personnel performing pre-employment medical exams for

applicants for safety sensitive positions at Chicago O'Hare Airport Operations shall be instructed

to clarify any individual accommodation issues with the supervisor.

DISPUTE RESOLUTION 14. In the event that either party to this Decree believes that the other party has failed

to comply with any provision(s) of the Decree, the complaining party shall notifY the other party

of the alleged non-compliance and shall afford the alleged non-complying party (10) business

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CHI 106355022

,
..
days to remedy the non-compliance or to satisry the complaining party that the alleged noncomplying party has complied. Ifthe alleged non-complying party has not remedied the alleged non-compliance or satisfied the complaining party that it has complied within ten (10) business days, the complaining party may apply to the Court for appropriate relief.
MISCELLANEOUS PROVISIONS 15. Each party to this Decree shall bear its own expenses and costs. The EEOC and United shall bear their own attorney's fees. 16. The terms ofthis Decree are and shall be binding upon the present and future representatives, agents, directors, officers, assigns, and successors ofall parties. 17. When this Consent Decree requires the submission by United ofreports,
certifications, notices, o•r other materials to the EEOC, they shall be mailed to: United Airlines
ADA II Settlement, Equal Employment Opportunity Commission, 500 West Madison Street, Suite 2800, Chicago, Illinois 60661. When this Decree requires submission by the EEOC of materials to United Airlines, they shall be mailed to: Vania Montero Wit, United Airlines, WHQLD, 1200 East Algonquin Road, Elk Grove Village, Illinois 60007.
18. In the event of a catastrophic event, United Airlines may petition the Court for relief from or suspension ofthe Consent Decree.
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CH I 10635502.2

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ENTERED AND APPROVED FOR:
Equal Employment Opportunity Commission

ERIC S. DREIBAND General Counsel

JAMES LEE Deputy General Counsel

EQUAL EMPLOYMENT

OPPORTUNITY

COMMISSION

180 L.

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United Airlines, Inc.

Diane Smason SuperviSory Trial Attorney
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Pamela S. Moo -Gibbs Trial Attorney
Equal Employment Opportunity Commission Chicago District Office 500 West Madison Street Suite 2800 Chicago, Illinois 60661 (312) 886-9120
Date: 1/13Jo1
CHI 10635502.2

ENTER: 4~~~4~~~ftht./ Honorable Ronald A. uz an United States District Judge
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LEVIN, TERMED
United States District Court Northern District of Illinois - CM/ECF LIVE, Ver 3.0 (Chicago)
CIVIL DOCKET FOR CASE #: 1:02-cv-05081

EEOC v. United AL Inc Assigned to: Hon. Ronald A. Guzman Demand: $0 Cause: 42:12101 Americans with Disabilities Act

Date Filed: 07/18/2002 Date Terminated: 04/13/2004 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

Plaintiff
Equal Employment Opportunity Commission

represented by Lauren G Dreilinger United States Equal Employment Opportunity Commission 500 West Madison Street Suite 2800 Chicago, IL 60661 (312) 353-7568 LEAD ATTORNEY 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. 20 South Clark Street Suite 1530 Chicago, IL 60603 (312) 422-0001 Email: nbrennan@brennan-monte.com ATTORNEY TO BE NOTICED

Pamela Sue Moore-Gibbs United States Equal Employment Opportunity Commission 500 West Madison Street Suite 2800 Chicago, IL 60661

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V. Defendant United Airlines, Inc.

(312) 353-7568 Email: pamela.moore-gibbs@eeoc.gov ATTORNEY TO BE NOTICED
represented by Joel H. Kaplan Seyfarth Shaw LLP 131 South Dearborn Street Suite 2400 Chicago, IL 60603-4205 (312) 346-8000 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Stephanie Joan Pulcanio Seyfarth Shaw LLP 131 South Dearborn Street Suite 2400 Chicago, IL 60603-4205 (312)346-8000 Email: spulcanio@seyfarth.com ATTORNEY TO BE NOTICED

Date Filed 07/18/2002
07/23/2002
08/15/2002 08/20/2002 09/03/2002 09/16/2002

#

Docket Text

1 COMPLAINT; jury demand - Civil cover sheet - Appearance(s) of Lauren G. Dreilinger, Noelle Christine Brennan, John C. Hendrickson as attorney(s) for plaintiff (No summons(es) issued.) (Documents: 1-1 through 1-3) (hp) (Entered: 07/19/2002)

SCHEDULE set on 7/23/02 by Hon. Ronald A. Guzman : Status hearing set to 9:30 9/18/02 . All parties shall refer to and comply with Judge Guzman's requirements for the initial appearance as outlined in Judge Guzman's case management procedures, which can be found at: www.ilnd.uscourts.gov. The parties shall deliver a copy of the initial status report to the Courtroom Deputy (Room 1218) three business days before the initial status hearing. Mailed notice (cjg) (Entered: 07/23/2002)

3 WAIVER of service of summons as to defendant United Airlines, Inc. sent on 8/5/02. (gcy) (Entered: 08/26/2002)

2 ATTORNEY APPEARANCE for defendant by Joel H. Kaplan, and Stephanie Joan Pulcanio (las) (Entered: 08/22/2002)

4 JOINT STATUS REPORT pursuant to F.R.C.P. 26(f) by plaintiff; Notice. (gcy) (Entered: 09/04/2002)

5 ANSWER and affirmative defenses by defendant to plaintiff's complaint

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09/18/2002
12/10/2002 12/17/2002
02/06/2003 03/10/2003 03/12/2003 08/20/2003 08/26/2003 10/23/2003 10/27/2003 10/27/2003 10/31/2003

[1-1]; Notice (yap) (Entered: 09/18/2002)
6 MINUTE ORDER of 9/18/02 by Hon. Ronald A. Guzman : Status hearing held and continued to 2/21/03 at 9:30 a.m. Court adopts joint proposed discovery schedule. Rule 26(a)(1) by 9/30/02. All fact discovery closes 2/21/03. Plaintiff's expert reports by 1/1/03. Defendant's expert reports by 2/1/03. Plaintiff's experts to be deposed by 2/1/03. Defendant's experts to be deposed by 3/3/03. All dispositive motions to be filed on or before 3/21/03. Responses are due 4/11/03. Replies are due 4/25/03. Ruling to be by mail. No notice (yap) (Entered: 09/23/2002)
7 AGREED motion to stay litigation and amend the discovery schedule (Attachment); Notice. (vmj) (Entered: 12/19/2002)
8 MINUTE ORDER of 12/17/02 by Hon. Ronald A. Guzman: Defendant has to and including 12/27/02 to file any motion it has regarding the effect of the bankruptcy court's stay on this cause of action. Failure to file will be a waiver of the issue. Plaintiff's response due by 1/10/03. Defendant's reply due by 1/17/03. Ruling will be by mail. Agreed motion for sixty day stay is granted [7-1]. No further extensions will be allowed. Mailed notice (vmj) (Entered: 12/19/2002)
SCHEDULE set on 2/6/03 by Hon. Ronald A. Guzman : Status hearing reset to 9:30 2/12/03 . Note correction of docket date of 2/21/03. Telephoned notice (cjg) (Entered: 02/06/2003)
9 AMENDED JOINT STATUS REPORT pursuant to F.R.C.P. 26(f) and proposed scheduling order by plaintiff, defendant; Notice. (fce) (Entered: 03/11/2003)
10 MINUTE ORDER of 3/12/03 by Hon. Ronald A. Guzman : Status hearing held and continued to 9/12/03 9:30 a.m. Court adopts proposed discovery schedule. Fact discovery closes 9/12/03. Dispositive motions to be filed on or before 1/5/04. No notice (fce) (Entered: 03/13/2003)
11 JOINT MOTION by parties to extend discovery cut-off ; Notice. (cem) (Entered: 09/02/2003)
12 MINUTE ORDER of 8/26/03 by Hon. Ronald A. Guzman : Status hearing re-set for 11/19/03 at 9:30 a.m. Joint motion to extend discovery cut-off is granted [11-1]. Fact discovery to be completed on or before 11/14/03. No notice (cem) (Entered: 09/02/2003)
13 MOTION by plaintiff for leave to file appearance ; Notice (las) (Entered: 10/28/2003)
14 MINUTE ORDER of 10/27/03 by Hon. Ronald A. Guzman : Plaintiff's motion for leave to file appearance of trial attorney Pamela S. MooreGibbs is granted [13-1]. Telephoned notice (las) (Entered: 10/28/2003)
15 ATTORNEY APPEARANCE for plaintiff by Pamela Sue Moore-Gibbs (las) (Entered: 10/28/2003)
16 JOINT MOTION by plaintiff to enlarge time for discovery or,

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11/04/2003
12/03/2003 12/03/2003 12/17/2003 01/13/2004
02/18/2004 03/24/2004 03/31/2004 04/01/2004 04/01/2004 04/13/2004

alternatively, to stay litigation ; Notice (las) (Entered: 11/05/2003)
17 MINUTE ORDER of 11/4/03 by Hon. Ronald A. Guzman : Status hearing reset to 12/17/03 at 9:30 a.m. Joint motion to extend discovery cut-off [16-1], or alternatively, to stay discover is granted in part [16-2]. Fact discover cut-off is extended to 12/12/03. No notice (las) (Entered: 11/05/2003)
18 WITHDRAWAL by plaintiff of appearance of Noelle C. Brennan ; Notice (las) (Entered: 12/04/2003)
19 WITHDRAWAL by plaintiff of appearance of Noelle C. Brennan ; Notice (las) (Entered: 12/05/2003)
SCHEDULE set on 12/17/03 by Hon. Ronald A. Guzman : Status hearing held and continued to 9:30 2/18/04 . Mailed notice (cjg) (Entered: 12/17/2003)
20 MINUTE ORDER of 1/13/04 by Hon. Ronald A. Guzman : The dispositive motion filing deadline of 1/5/04 has passed, and neither party has filed a motion to extend that deadline prior to the cut-off date. Thus, the court shall not accept any dispositive motions. Parties shall be prepared to schedule a date for trial at the next status hearing. Mailed notice (las) (Entered: 01/15/2004)
21 MINUTE ORDER of 2/18/04 by Hon. Ronald A. Guzman: Status hearing held and continued to 3/24/2004 at 9:30 A.M. NOTE: Change of status date then previously stated in open Court. Mailed notice (gma) (Entered: 02/23/2004)
SCHEDULE set on 3/24/04 by Hon. Ronald A. Guzman : Status hearing held and continued to 9:30 4/1/04 . In court notice (jlj) (Entered: 03/24/2004)
SCHEDULE set on 3/31/04 by Hon. Ronald A. Guzman : Status hearing reset to 9:30 4/5/04 on court's own motion . Mailed and telephoned notice (cjg) (Entered: 03/31/2004)
SCHEDULE set on 4/1/04 by Hon. Ronald A. Guzman : Status hearing stricken, consent decree filed. Telephoned notice (cjg) (Entered: 04/01/2004)
22 JOINT MOTION by plaintiff for entry of consent decree (Attachments); Notice (RESTRICTED) (las) (Entered: 04/26/2004)
23 MINUTE ORDER of 4/13/04 by Hon. Ronald A. Guzman : Joint motion for entry of consent decree is granted [22-1]. This case is terminated. Any pending motions or schedules are stricken. (Entered Consent Decree). terminating case Mailed notice (las) (Entered: 04/26/2004)

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