Case 2:04-cv-73813-GCS-VMM Document 1 Filed 09/29/04 Page 1 of 7

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff,
vs.
WOLVERINE BRONZE CO., INC.,

JUDGE DECK DATE

t
t :

sSt.eeßhjv,iSGiOeofrlgeCiCvairlaiDn eck
09/29/2004 @ 13:45:20

CASE NUMBER
OIP EEOC V.

: 2:04CV73813 WOLVERINE BRONZE

(XC)

COMPLAINT AND JURY DEMAND

Defendant.

Mc'-r' 'I

h,'

r-
Lt uUD33 MORO,

NATURE OF THE ACTION

This is an action brought under Title VII of the Civil Rights Act of 1964 to correct unlawful employment practices and to provide appropriate relief to Tony Smith ("Smith") and similarly situated employees who were adversely affected by such practices. The Equal Employment Opportunity Commission ("The Commission"), alleges that Wolverine Bronze ("Defendant"), discriminated against Smith when it permitted him to be racially harassed by a supervisor and subjected to a hostile work environment. The Commission further alleges that the Defendant failed to take prompt, effective, remedial action to stop

the harassment and correct the hostile work environment.

JURISDICTION AND VENUE

1. Jurisdiction of this Court is invoked pursuant to 28 U.S.C. § 451, 1331, 1337, 1343, and 1345. This action is authorized and instituted pursuant to Sections 706(f)(1) and (3) of Title VII of the Civil Rights Act of 1964, as amended, and 42 U.S.C.

i

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Case 2:04-cv-73813-GCS-VMM Document 1 Filed 09/29/04 Page 2 of 7

2000e-5(f)(1) and (3). The employment practices alleged to be unlawful were committed within the
jurisdiction of the United States District Court forthe Eastern District of Michigan, Southern

Division.

PARTIES

Plaintiff, the Commission, is the agency of the United States of America charged with the administration, interpretation, and enforcement of Title VII and is expressly authorized to bring this action by Section 706(f)(1) and (3) of Title VII, 42 U.S.C. § 2000e-

5(f)(1) and (3). At all relevant times, Defendant Wolverine Bronze, has continually been a
corporation doing business in the state of Michigan and the city of Roseville, and has continuously had in excess of fifteen (15) employees.
At all relevant times, Defendant Employer has continuously been an employer engaged in an industry affecting commerce within the meaning of Sections 701(b), (g), and (h) of Title VII, 42 U.S.C. § 2000e(b), (g), and (h).
STATEMENT OF CLAIMS More than sixty (60) days prior to the institution of this lawsuit, Tony Smith filed a charge of discrimination with The Commission alleging a violation of Title VII. All conditions precedent to the institution of this lawsuit have been fulfilled. Since at least April 2003, Defendant engaged in unlawful employment practices in violation of Title VII, when it permitted Smith to be racially harassed by a supervisor/co-owner and subjected to a hostile work environment.

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Case 2:04-cv-73813-GCS-VMM Document 1 Filed 09/29/04 Page 3 of 7

8. The incidents of racial harassment in Defendant's facility were severe and

pervasive.

9.

Defendant had notice that Smith was being racially harassed by a

supervisor/co-owner and otherwise subjected to a hostile work environment. The

harassment included the following incidents:

Verbal abuse with racial references;

Repeated throwing of metal bolts at Smith; Repeated deliberately tripping of Smith as he attempted to work; and The placement of a large plastic bag over Smith's head and torso. 10. The effect of the conduct complained of in Paragraph 10, above, was to

create a hostile work environment.
Il. The effect of the unlawful employment practices complained of in paragraphs
7-10 was to deprive Smith of equal employment opportunities and otherwise adversely

affect their status as employees because of his race. As a result of the unlawful employment practices complained of above, Smith
has suffered from fear, anxiety, emotional distress and loss of enjoyment of life. The unlawful employment practices complained of above were and are done
with malice or reckless indifference to the federally protected rights of Smith who was racially harassed and subjected to a hostile work environment.

PRAYER FOR RELIEF

Wherefore, the Commission respectfully requests that this Court: A. Order Defendant to provide training for all employees about diversity in the workplace and Title VIl's prohibitions against racial harassment;

3

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Case 2:04-cv-73813-GCS-VMM Document 1 Filed 09/29/04 Page 4 of 7
Order Defendant to devise an appropriate method of discipline for employees who violate the prohibitions of Title VIl and for supervisors who fail to remedy racial harassment in a reasonable period of time; Order Defendant to post its new disciplinary rules for violating Title VII in a conspicuous place; Grant the Commission an injunction enjoining Defendant from participating in any unlawful employment practices; Order Defendant to make whole Tony Smith by providing an appropriate amount of compensatory damages to be determined at trial along with any other affirmative relief necessary to eradicate the effects of the unlawful employment practices complained of above; Order Defendant to pay Smith punitive damages for its malicious or reckless conduct described above in an amount to be proven at trial; Order Defendant to pay similarly situated employees punitive damages for its malicious or reckless conduct described above in an amount to be proven at trial; Order Defendant to pay Smith nominal damages resulting from the unlawful practices complained of above; Grant such further relief as the Court deems necessary and proper in the public interest; J. Award the Commission its cost of this action.
JURY TRIAL DEMAND The Commission requests a jury trial on all questions of fact raised by its complaint.
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Case 2:04-cv-73813-GCS-VMM Document 1 Filed 09/29/04 Page 5 of 7

Dated: September 29, 2004

Respectfully submitted,
GWENDOLYN YOUNG REAMS Acting Deputy General Counsel
OFFICE OF GENERAL COUNSEL Trial Services Division 1801 "L" Street, N.W. Washington, D.C. 20507
ADELE RAPPO Regional Attornby
ROBERT K. DAWKINS (P38289) Supervisory Trial Attorney
DALE PRICE ((P55578) Trial Attorney
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION DETROIT DISTRICT OFFICE Patrick V. McNamara Bldg. 477 Michigan Avenue, Rm. 865 Detroit, Michigan 48226 Telephone: 313/226-5673

5
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Case 2:04-cv-73813-GCS-VMM Document 1 Filed 09/29/04 Page 6 of 7

'kehr7/ vfr'1 CIVIL COVER SHEET JS44 11/99

COUNTYINWHICHTHISACTIONAROSE:

TbfohyrelauJws$e,-4eo4xf cctheivepiltCcaolsevprekrrosovhfiedCeeotduubrntydfotlohrcetahIlnewfopireumsrapotoifoscneocouorfnt.itnaiTitnihaeitdsinhfgoertrmhoie,nacnpievpiitrlhodevorecrdekpebltyacstohheeneoJtu.dsiucpiaplleCmoennfet rtheencfeilinogf

MACOMB
and service of pleadings or other the U ited States in September

(
papers us required 1974, is required

4-73313 I. (a) PLAINTIFFS

DEFENDANTS

U.S. EQUAL EMPLOYMENT OPPORTUNITY

WOLVERINE BRONZE COMPANY

COMMISSION

(b) County of Residence of First Usted (C) Attorney's (Firm Name, Address, and Telephone Number)

County of Residence of First Listed

MACOMB

NOTE: IN LN4D CONDEMNATION CASLr uSETHE e

ON OF Tl

STELL IANfIINVOtVFD
Auo'ØRGE CARAM

Dale Price (P55578), Equal Employment Opportunity

Commission, 477 Michigan Avenue, Room 865 Dctroit. Mi 48226 (31 3 226-7808
II. BASIS OF JURISDICTION (Placean"X'iflOneBOXOnlY)

(T\s. Government Plaintiff

o a Federal Question (U.S. Government Not a Party)

MAG!StRATE.JuDer: MORGAN

III. CITIZENSHIP OF PRINCIPAL PARTIES (Place an 'X' in One Box for Plaintiff

(For DiversIty Cases Only) PLA
o Citizen of This State

DEE
0 I

and One Box for Defendant)

PLA DEF

Q D Incorporated er Principal Place

'

'

of Business In This State

Government Defendant

D Diversity (Indicate Citizenship of Parties in Item 111)

Q Q Citizen of Another

2

2

Citizen or Subject of a Fornian Country

D 3

3

Incorporated and Principal of Business In Mother State

s Ds

Foreign Nation

0606

U,('
f

IV. NATURE OF SUIT
CONTRACT

Place mn "X" in One Box OnI y)
TORTS

FORFEITURE/PENALTY

O I I O Insurance

O 120 MarIne

D 130 Miller Act
0 140 Negotiable Instrument

D

IsOReceveryof Ovorpaymant and

Enforcement

er Judgment

O ist Medicare Act

0 152 Recovery or Defaulted

Student Loans
(ad. Veterans) 0 153 Recovery öl Overpayment
er Veteran's Benefits

O lOO Stocthelders' Cults

D

Other Contract

195 cenfract Product Usbitty

REAL PROPE RTY
210 Land Cendemnati 220 Feredosure 230 Rent Lene & Eject nl 240 TorI. lo Land 245 Tort Product Liabili 290M' Other Real Properly

PERSONAl. INJURY
O al O Airpiane
o 315 Airplane Product Liability

O

320

Assault Libel
Md Stander

o 330 Federal Employer.'

PERSONAL INJURY O

Q 362 Personal Injury'

365tatW °

Med. Malpractice

-

o o o

D 368 Asbestos Personal D

Injury Product Liability

o

610 Agriculture 620 Other Feed & Drug 625 Drug Related Seizure
olPropetly2l:081 630 Liquor Laws
640 R.R. & Truck
650 Amine Regs.

uabiIity
o 340 MarIne
O a4SMalIneProducl
Uablllty
D 350 Molar Vehicle
o 355 Motor Vehicle
Product Liabibty
o 360 Clher Parsonai
)\ Inlury CIVIL RIGHTS

o 41 Voting

oli 42 Employment

D

f43

Housing! Accommodatona

444 Welfare

Q 440 Other Civil Rights

Q

PERSONAL PROPERlY

o 370 Olher Fraud

o

D 371 Truth In Lending
o 380 Other Personal

Property Damage
D 385 Property Damage

O

Product Liability

o

PRISONER PETITIONS O
o 51 0 Motions to Vacate

Sentence

O

Habeas corpus:

D 530 Generai

o

o 535 Death Penalty
t O 540 Mandamus Other

o

o 550 Civil Rights

660 Occupational Safety/Health
690 Other
LABOR
710 FaIr Labor Standarde
Ml
720 Labor(Mgmt. Relations
t 730 LstzoiltAgmL Reporting Dl.do,ure Act 740 Railway Labor Act
790 Other Labor Utigatlon
791 EmpI. Ret. Inc. Security Act

o 555 PrIson Condition

RJkÑICRUPTCY O 422 Appeal 28 USC 158
O 423 WIthdrawal
20 usc 157
PROPERTY glottis
O 820 CopyrIghts
0 830 Patent
O 840 Trademark
SOCIAL SECURITY
D 861 HIA(l 395fQ O 862 Black Lung (923)
0 863 Drwc/Drm/ (4OSto))
O 864 $510 lilie XVI O 865 RSl(405(g))
FEDERAL TAX suits D 870 Taxes (U.S. Plalnuir
or Defendant)
D 871 IRS.Third Party
26 USC 7609

OTHER STATUTES
D 400 State Reapportionment D 41 O Antib'ust O 430 Banks and Banking D 450 Commerce/ICC o 400 DepOrtation

O

410 Racketeer Influenced & corrupt orgenizallOn.

O 810 Selective Selce D 850 seco ritlee/Com riad itlee/
Etcheoge
O 875 Customer Challenge 12 LISC 3410
O 891 Agricultural Acts
o 892 EconomIc stabIlization Act
O 803 EnvIronmental Matter.
Q 804 Energy Allocation Act Q 895 Freedom of
Information Act
o 900Appeel of Fee Uetem,'natoe under Equal Accese to Justice

O 050 ConstItutionality of Stato Statutes
O 800 Other Statutory Actons

RIO»')

(PLACE AN"X" ¡N ONE BOX ONLY)

02 rlginal

Removed from

recaed Ing

State Court

Da Remanded from Appellate Court

E4 Reinstated Or Re npnn ed

Trans erred from

another district

Q 5 (specIfy)

D o iti district L,t,gatlon

Appeal te District
D 7 Judge from Magistrate

'AU SE OF ACTION (CitoDtohendU.cSit.eÇ1iuvriIlsSdticntt,uotnealusntadteurtewshuicnhleysosudn,vroorfsl!iitnyo.) and write brief statement of cause,

Titis is an action brought undcr Titlo VII of tito Civil Rights Act of 1964 to corrcct unlawful cmpioymcnt practices and to providc

nnnrnn,4ntr' relief REQUESTED IN
COMPLAINT:

[ CHECKIFTHISISACLASSACTION
UNDER F.R.C.P. 23

$DEMAÌ4D

CHECK YES only if q anded iiiòompIalnt:

JURY DEMAND;

(]es QNo

(See

RELATED CASE(S) instructions):

IF ANY

JUDGL'

"\

DATE

IGNATURE O 17ORNEY OF CORD

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C- Case 2:04-cv-73813-GCS-VMM Document 1 Filed 09/29/04 Page 7 of 7
pURSUANT To LOCAL RULE 83.11

Is this a case that has been previously dismissed?

Yes

ft yes, give the following information:

Cou it:

Case No.:

Judge:

2.

Other than stated above, are there any pending or previously discontinued or dismissed companion cases in this or any other

court, including state court? (Companion cases are matters in which

it appears substantially similar evidence will be offered or the same

or related parties are present and the cases arise out of the same

transaction or occurrence.)

ji yes, give the following information:

Court:

base No.:

Judge:

Notes:

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 Case 2:04-cv-73813-GCS-VMM Document 7 Filed 12/28/04 Page 1 of 4

4

PILED

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
EQUAL EMPLOYMENT OPPORTUNITY

ttWC 2 8 2Ç
CLERKS oFrcE Lu. rs7r3*cT COURT

COMMISSION,

Plaintiff,
and

0V-
Case No. 73813

TONY B. SMITH,

Hon. George Caram Steeh Mag. Virginia M. Morgan

Plaintiff-Intervenor,
V.

WOLVERINE BRONZE COMPANY, INC.,

Defendant.
Adele Rapport (P44833) Robert K. Dawkins (P38289) Dale Price (P55578)
EQUAL EMPLOYMENT OPPORTUNrrI' COMMISSTON
Detroit District Office Attorneys for Plaintiff 477 Michigan Avenue, Room 865 Detroit, MI 48226 (313) 226-6701

f
Barry S. Fagan (P34275) 3. Ryan Milligan (P64906) DIB, FAGAN AND BRAULT, RC. Attorneys for Intervening Plaintiff 25892 Woodward Avenue Royal Oak, MI 48067-0910 (248) 542-6300

Karin M. Young (P55808) Kevin T. Sutton (P65364)
KELLER THOMA
Attorneys for Defendant 440 East Congress, 5th Floor Detroit, MI 48226-2918 (313) 965-7610
/

STIPULATION PERMIJTING INTERVENTION IT IS HEREBY stipulated by the parties, through their respective

counsel, that Tony B. Smith be permitted to intervene in this matter

pursuant to FRCP 24(b)(2) and to file his proposed Complaint in

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Case 2:04-cv-73813-GCS-VMM Document 7 Filed 12/28/04 Page 2 of 4

Intervention and Jury Demand.

LL
Dale Price (P5557 )
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Detroit District Office Attorneys for Plaintiff 477 Michigan Avenue, Room 865 Detroit, MI 48226 (313) 226-6701

J r S. Fagan

4275)

IJ5, FAGAN AND BRAULT, P.C.

Attorneys for Intervening Plaintiff

25892 Woodward Avenue

Royal Oak, MI 48067-0910

(248) 542-6300

17 £Ls14,
Ke in T. Sutton (P65 64)
KELLER THOMA
Attorneys for Defendant
440 East Congress, 5th Floor Detroit, MI 48226-2918 (313) 965-7610

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Case 2:04-cv-73813-GCS-VMM Document 7 Filed 12/28/04 Page 3 of 4

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,

Plaintiff, and
TONY B. SMITH,

Case No. 73813
Hon. George Caram Steeh Mag. Virginia M. Morgan

Plaintiff-Intervenor,
V.

WOLVERINE BRONZE COMPANY, INC.,

Defendant.
Adele Rapport (P44833) Robert K. Dawkins (P38289) Dale Price (P55578)
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Detroit District Office Attorneys for Plaintiff 477 Michigan Avenue, Room 865 Detroit, MI 48226 (313) 226-6701

/
Barry S. Fagan (P34275)
J. Ryan Milligan (P64906)
DIS, FAGAN AND BRAULT, P.C.
Attorneys for Intervening Plaintiff 25892 Woodward Avenue Royal Oak, MI 48067-0910 (248) 542-6300

Karin M. Young (P55808) Kevin T. Sutton (P65364)
KELLER THOMA
Attorneys for Defendant
440 East Congress, 5th Floor Detroit, MI 48226-2918 (313) 965-7610
I
ORDER PERMITrING INTERVENTION
At a session of said Court held in the U.S. District Courthouse Eastern District of Michigan, Southern Division
Detroit, Michigan

on:

/ 2004.

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Case 2:04-cv-73813-GCS-VMM Document 7 Filed 12/28/04 Page 4 of 4
Upon stipulation of the parties; IT IS HEREBY ORDERED that Tony B. Smith be permitted to intervene in this matter pursuant to FRCP 24 (b)(2) and to file his proposed Complaint in Intervention and Jury Demand.
L. DISTRICT COURT JUDGE
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 Case 2:04-cv-73813-GCS-VMM Document 30 Filed 11/09/05 Page 1 of 12

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,

Plaintiff, and
TONY B. SMITH,

Case No. 04-73813
Hon. George Caram Steeh Mag. Virginia M. Morgan

Plaintiff-Intervenor, v.

WOLVERINE BRONZE COMPANY and WILLIAM SMITH, jointly and severally,

Defendants.

____________________________________________________________/

Adele Rapport (P44833)

Barry S. Fagan (P34275)

Robert K. Dawkins (P38289)

J. Ryan Milligan (P64906)

Dale Price (P55578)

Dib, Fagan and Brault, P.C.

Equal Employment Opportunity Commission

Attorneys for Intervening Plaintiff

Detroit District Office

25892 Woodward Avenue

Attorneys for Plaintiff

Royal Oak, MI 48067-0910

477 Michigan Avenue, Room 865

(248) 542-6300

Detroit, MI 48226

(313) 226-6701

Karin M. Young (P55808) Kevin T. Sutton (P65364) Keller Thoma Attorneys for Defendant 440 East Congress, 5th Floor Detroit, MI 48226-2918 (313) 965-7610 ____________________________________________________________/

CONSENT DECREE

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Case 2:04-cv-73813-GCS-VMM Document 30 Filed 11/09/05 Page 2 of 12
AGREEMENT The provisions of this Decree will apply to all Wolverine Bronze-affiliated companies in which William Smith, Sr. (“Smith”), has an ownership interest, and the employees working for Wolverine Bronze or the affiliated companies. Nothing in this Decree, however, is intended to relieve Wolverine Bronze or Smith from compliance with all applicable requirements of law, and Wolverine Bronze and Smith will comply with all applicable requirements of law prohibiting the creation, maintenance or toleration of a racially hostile or intimidating work environment.
JURISDICTION AND VENUE
1. The Commission is the agency of the United States vested with the authority to investigate claims of discrimination under Title VII of the Civil Rights Act of 1964, as amended. 2. At all times relevant to the institution of this lawsuit, Wolverine Bronze and its affiliated companies have been an employer within the meaning of Title VII, and have continually employed in excess of one hundred (100) employees. 3. At all times relevant to the institution of this lawsuit, Wolverine Bronze has been an employer participating in commerce in the State of Michigan, City of Roseville.
AFFIRMATIVE RELIEF 4. Wolverine Bronze agrees to pay Tony Smith the amount of One Hundred Thousand Dollars and No Cents ($100,000.00). Payment shall be designated as damages and Wolverine Bronze will not deduct withholding taxes from such payment but will instead issue a Form 1099. Payment of taxes will be the sole responsibility of Tony Smith. Payment shall be made by check made payable to the individual claimant and mailed to the home address listed in Wolverine Bronze’s personnel
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Case 2:04-cv-73813-GCS-VMM Document 30 Filed 11/09/05 Page 3 of 12
records or as provided by the Commission. A copy of each check or a written report showing payment made to the employee should be sent to Adele Rapport, Regional Attorney, Equal Employment Opportunity Commission, 477 Michigan Avenue, Room 865, Detroit, Michigan 48226. Further, said payment will be made in conjunction with and in concurrence with the Settlement Agreement and Release of All Claims entered into by Wolverine Bronze and Tony B. Smith.
EQUITABLE RELIEF 5. Wolverine Bronze is enjoined from creating, maintaining, tolerating, or condoning racial harassment at Wolverine Bronze or any affiliated company. 6. Wolverine Bronze agrees that it will fully investigate all complaints of race harassment. Such investigations shall begin as soon as reasonably possible after Wolverine Bronze's receipt of a complaint, usually no later then forty-eight (48) hours after receipt.
REPORTING OF COMPLAINTS 7. Wolverine Bronze will designate a specific telephone number for employees to report incidents of alleged harassment, including racial harassment or intimidation. 8. The following terms shall apply to calls to the specific telephone number wherein a person states that he/she works at Wolverine Bronze or an affiliated company. In receiving any reports of alleged racial harassment or intimidation, the person serving as Human Resources Manager will make all reasonable efforts to honor any request of either total anonymity or any request that the employee's identity not be shared by the Human Resources Manager with anyone else. Depending on the nature of the incident reported, however, the Human Resources Manager will advise the employee making the report that a full investigation may be difficult or impossible if the report
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Case 2:04-cv-73813-GCS-VMM Document 30 Filed 11/09/05 Page 4 of 12
remains anonymous, and the Human Resources Manager may request disclosure of the employee's identity. At the time an incident of alleged racial harassment or intimidation is reported, the Human Resources Manager shall inform the employee of the availability of counseling as set forth in this Consent Decree and will inform the employee of his/her right to contact the Commission and/or Michigan Department of Civil Rights. The option for an employee to report any incident of alleged racial harassment or intimidation or to provide information about such an incident to the Human Resources Manager available through the specific telephone number is not exclusive. An employee may also report a complaint to his/her supervisor or manager. 9. The Human Resources Manager will maintain a record of all reports to the toll-free number, which shall set forth the name of the employee, if given, the date and substance of the report, the responsive action taken and the reason the investigation did not commence within forty-eight (48) hours after receipt, if applicable. These reports will be kept confidential to protect the identity of any employee requesting anonymity, but copies of all reports on calls from employees will be provided to the Commission on a quarterly basis during the term of this Decree. 10. For purposes of this Decree, a "complaint" shall mean a specific allegation addressed to a supervisor or manager, Human Resources personnel or via the specific telephone number, by an employee alleging that the employee has been subjected to or has witnessed, or has specific information about another employee's being subjected to a specified instance of racial harassment or racial intimidation.
DISCIPLINARY ACTION
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Case 2:04-cv-73813-GCS-VMM Document 30 Filed 11/09/05 Page 5 of 12
11. Any member of management or any employee determined by Wolverine Bronze, after a full investigation, to have initiated, actively participated or condoned an incident of racial harassment or intimidation, and/or encouraged intimidation, from the execution and up to the expiration of this Decree, shall be disciplined, up to and including termination from employment. 12. Any member of management or any employee determined by Wolverine Bronze, after a full investigation, to have harassed, threatened or intimated an individual because they assisted or participated in these proceedings shall be discharged.
TRAINING 13. The Commission acknowledges that Wolverine Bronze has provided racial harassment training in the last year. Wolverine Bronze shall provide one additional session of diversity and anti-harassment training, including training regarding Title VII and its prohibition against racial harassment or intimidation to all existing and subsequently hired employees at Wolverine Bronze as set forth below. Ms. Adele Rapport will be invited to attend the training sessions and address the employees if the Commission deems appropriate. The training shall include an explanation of Title VII and its prohibitions against racial harassment or intimidation, the responsibilities of managerial personnel who are informed of incidents of harassment, and the prohibition against retaliating against anyone who alleges an incident of racial harassment or intimidation. The training session will include all management and employees. Topics will include racial harassment, hostile work environment and discipline and consequences.
14. The training shall address the methods for reporting an incident of racial harassment or intimidation, including the fact that there is a designated telephone number for anonymous reporting
5

Case 2:04-cv-73813-GCS-VMM Document 30 Filed 11/09/05 Page 6 of 12
of such incidents and any information relative to those incidents. The training shall explain to employees that, in addition to reporting an incident to the employer, they have a right to file a charge of discrimination with the Commission and/or the Michigan Department of Civil Rights, and shall explain where such charges can be filed and the applicable time frame for doing so. In addition, employees will be advised that they may contact Commission attorneys Adele Rapport or Dale Price at 477 Michigan Avenue, Room 865, Detroit, Michigan 48226 or by telephone at (313) 226-6701 or (313) 226-7808, respectively.
15. The training shall inform attendees that if the investigation finds that an employee has engaged in conduct that violates Wolverine Bronze’s anti-harassment policy: (i) penalties will depend on the nature of the offense, (ii) any and all breaches of its anti-harassment policy are considered serious, and (iii) appropriate discipline will be imposed even for a first offense, ranging from a verbal warning, up to and including discharge. 16. The training shall inform the employees that if the investigation finds that an employee has threatened, harassed or intimidated an individual because they assisted or participated in these proceedings, they will be discharged. 17. The Commission shall have the right to review the diversity and anti-harassment training utilized by Wolverine Bronze to assure that it contains the components set forth in the above paragraphs. 18. Wolverine Bronze shall invite Ms. Adele Rapport in writing to the training session which shall take place within one year of the entry of the Decree.
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Case 2:04-cv-73813-GCS-VMM Document 30 Filed 11/09/05 Page 7 of 12
19. For the duration of this Decree, Wolverine Bronze will keep a record of the employees who receive the training. Wolverine Bronze will retain signed rosters of attendees containing the dates of the training and will provide copies to the EEOC consistent with Paragraph 27 below.
NON-RETALIATION 20. Wolverine Bronze shall comply with all laws prohibiting discrimination and retaliation against any employee who exercises such employee's rights under section 704(a) of Title VII. Specifically, Wolverine Bronze shall not discriminate or retaliate against any individual who initiates, participates or cooperates in the Civil Action or the Charge of Discrimination that resulted in the Civil Action; nor discriminate or retaliate against an individual for raising an allegation of any racially hostile incident, or who participates in any investigation of such incident.
DISPUTE RESOLUTION 21. If at any time during the term of this Decree there is a dispute between the Commission and Wolverine Bronze concerning an issue associated with this Decree, the parties will meet in a good faith effort to resolve the dispute. If the dispute remains unresolved, either party may seek relief from this Court, which will maintain jurisdiction throughout the life of this Decree. In addition, this Court will maintain jurisdiction over any and all compliance issues associated with this Decree.
POSTING OF NOTICE 22. Within ten (10) days of the execution of this Decree, Wolverine Bronze shall post the notice attached as Exhibit A at the place where notices are customarily posted at Wolverine Bronze and all of the affiliated companies. The notice shall remain posted for two years. In the event that the
7

Case 2:04-cv-73813-GCS-VMM Document 30 Filed 11/09/05 Page 8 of 12
notice becomes defaced, marred or otherwise unreadable, Wolverine Bronze shall immediately post a readable copy in the same manner. Wolverine Bronze shall make the notice available for inspection by the Commission upon reasonable notice to Wolverine Bronze.
FINAL DISPOSITION 23. The parties agree that the entry of this Decree constitutes a final and binding settlement and disposition of any and all claims alleged by the Commission in Civil Action Number 04-73813. This Decree fully resolves and settles all issues, claims and allegations that are contained in, relate to or arise in connection with this Action. The Commission agrees to execute a stipulation of dismissal of this action with prejudice upon execution of this Consent Decree by Wolverine Bronze; provided, however, that this Court will maintain jurisdiction over any and all compliance issues associated with this Decree.
NON-ADMISSION OF LIABILITY 24. The parties agree that neither this Decree nor any of the actions taken pursuant to this Decree, shall constitute or be construed as an admission of liability or wrongdoing of any kind by Wolverine Bronze. All such liability and wrongdoing are expressly denied by Wolverine Bronze. 25. This Consent Decree, being entered into with the consent of the parties, shall not constitute an adjudication or finding on the merits of the case. The parties agree that this Consent Decree shall not be used in evidence in any proceeding other than one arising out of this Decree or any related Settlement Agreement and Release.
SEVERABILITY
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26. If any provision of this Decree is found to be unenforceable by a court of competent jurisdiction, only the specific provision in question shall be affected, and the other enforceable provisions shall remain in full force and effect.
REPORTING REQUIREMENTS 27. Any documents or information required to be submitted by Wolverine Bronze to the Commission pursuant to the terms of this Decree shall be addressed to Adele Rapport, Regional Attorney, Equal Employment Opportunity Commission, Detroit District Office, 477 Michigan Avenue, Room 865, Detroit, Michigan 48226. 28. Within seven (7) days of the execution of this Decree, Wolverine Bronze shall inform the Commission in writing of an officer or upper level manager of Wolverine Bronze (with the exception of William Smith, Sr.) who will serve as its representative under this Consent Decree and who will be responsible for assuring that the terms of this Decree are met.
TERM OF DECREE 29. This Decree shall remain in effect for two (2) years from the date of its execution by Wolverine Bronze.
CONCLUSION 30. The terms of this Decree have been fully reviewed by the appropriate officials of the Commission and Wolverine Bronze, and both the Commission and Wolverine Bronze enter into the Decree knowingly and voluntarily, with a firm understanding of both the rights they are giving up and the obligations they are undertaking by this Decree.
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WOLVERINE BRONZE

By: _s/_Richard A. Smith__ Its: President

_s/Dale Price____________________ ADELE RAPPORT (P44833) ROBERT K. DAWKINS (P38289) DALE PRICE (P55578) EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 477 Michigan Avenue, Rm. 865 Detroit, Michigan 48226 (313) 226-5673

______s/Thomas Fleury_________ THOMAS FLEURY (P24064) KELLER THOMA, P.C. 440 E. CONGRESS, 5TH FLOOR DETROIT, MI 48226 (313) 965-7610 ATTORNEYS FOR DEFENDANT WOLVERINE BRONZE

The foregoing Consent Decree is approved and adopted as the Order and Judgment of the Court this 9th day of November, 2005.
_s/George Caram Steeh__________________ HON. GEORGE CARAM STEEH United States District Judge

DRAFT EXHIBIT A
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Case 2:04-cv-73813-GCS-VMM Document 30 Filed 11/09/05 Page 11 of 12
NOTICE TO ALL EMPLOYEES This Notice is being posted as a result of a Consent Decree entered between the United States Equal Employment Opportunity Commission and Wolverine Bronze in the case of E.E.O.C. v. Wolverine Bronze Company, Eastern District of Michigan Case No. 04-73813, to inform you of your rights guaranteed by federal law under the Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000 et. seq. ("Title VII"). Title VII prohibits harassment of any employee on the basis of race with regard to any term or condition of employment including hiring, layoff, recall, promotion, discharge, pay and fringe benefits or as a result of retaliation for the exercise of protected rights or opposition to unlawful employment practices. This Notice is posted as part of a resolution to a lawsuit filed by the U.S. Equal Employment Opportunity Commission on behalf of an employee who alleged that he suffered harassment because of his race. Wolverine Bronze denies that it discriminated in any way against the employee, and guarantees that it will not discriminate against employees because of their race, nor will it retaliate against employees who testified in the case or participated in the E.E.O.C. investigation. The United States Equal Employment Opportunity Commission is the federal agency which investigates charges of unlawful employment discrimination and, if necessary, files lawsuits in federal court to enforce the anti-discrimination provisions of Title VII. Any employee who believes that he/she is the victim of discrimination or retaliation has the legal right to file a charge of discrimination with the U.S. Equal Employment Opportunity Commission. Wolverine Bronze supports and will comply with this federal law in all respects. Wolverine Bronze will not take any action against any employees because they have exercised their rights under Title VII.
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_10/31/05______________ Dated

___/s/____Richard A. Smith________________ Wolverine Bronze Company

12

 
 Case: 2:04-cv-73813 As of: 05/05/2010 04:25 PM EDT 1 of 4
U.S. District Court Eastern District of Michigan (Detroit) CIVIL DOCKET FOR CASE #: 2:04−cv−73813−GCS−VMM

CLOSED

Equal Employment Opportunity Commission v. Wolverine Bronze Co., Inc. Assigned to: District Judge George Caram Steeh Referred to: Magistrate Judge Virginia M Morgan Cause: No cause code entered
Plaintiff

Date Filed: 09/29/2004 Date Terminated: 11/09/2005 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

Equal Employment Opportunity Commission

represented by Adele Rapport − INACTIVE Equal Employment Opportunity Commission 477 Michigan Avenue Room 865 Detroit, MI 48226 313−226−5670 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Dale R. Price , Jr. Equal Employment Opportunities Commission 477 Michigan Avenue Suite 865 Detroit, MI 48226 313−226−7808 Email: dale.price@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Robert K. Dawkins Equal Employment Opportunities Commission 477 Michigan Avenue Suite 865 Detroit, MI 48226 313−226−4600 Fax: 313−226−2778 Email: robert.dawkins@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

V. Intervenor Plaintiff Tony B. Smith

represented by Barry S. Fagan Dib, Fagan, 25892 Woodward Avenue Royal Oak, MI 48067−0910 248−542−6300 Email: bfagan@dibandfagan.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jeffrey R. Milligan − INACTIVE Dib, Fagan, 25892 Woodward Avenue Royal Oak, MI 48067−0910 248−542−6300

Case: 2:04-cv-73813 As of: 05/05/2010 04:25 PM EDT 2 of 4
LEAD ATTORNEY ATTORNEY TO BE NOTICED

V. Defendant Wolverine Bronze Company, Incorporated
Defendant William Smith

represented by Karin M. Young − INACTIVE Keller Thoma 440 E. Congress 5th Floor Detroit, MI 48226−2918 313−965−7610 Fax: 313−965−4480 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Kevin T. Sutton Lusk &Albertson PLC 40950 Woodward Suite 350 Bloomfield Hills, MI 48304−5129 248−988−5695 Fax: 248−258−2851 Email: ksutton@luskalbertson.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Kevin T. Sutton (See above for address) ATTORNEY TO BE NOTICED

Date Filed 09/29/2004 12/07/2004 12/14/2004 12/20/2004 12/20/2004 12/28/2004 12/28/2004 01/05/2005 01/06/2005 01/20/2005 01/20/2005

# Docket Text
1 COMPLAINT filed by Equal Employment Opportunity Commission against Wolverine Bronze Company, Incorporated.(NHoll, ) (Entered: 09/30/2004)
2 MOTION to Intervene by Tony B. Smith. (NHoll, ) (Entered: 12/15/2004)
3 ANSWER to Complaint with Affirmative Defenses by Wolverine Bronze Company, Incorporated.(PPaul, ) (Entered: 12/17/2004)
4 NOTICE TO APPEAR: Scheduling Conference set for 1/24/2005 11:00 AM before Honorable George Caram Steeh. (MBea, ) (Entered: 12/20/2004)
5 CERTIFICATE OF SERVICE by Tony B. Smith, Equal Employment Opportunity Commission re 2 MOTION to Intervene. (NHoll, ) (Entered: 12/27/2004)
6 INTERVENOR COMPLAINT with Jury Demand by Tony B. Smith. (NHoll, ) (Entered: 12/30/2004)
7 STIPULATION AND ORDER Permitting Intervention. Signed by Honorable George Caram Steeh. (NHoll, ) (Entered: 12/30/2004)
Set Deadlines/Hearings: Scheduling Conference re−set for 2/22/2005 03:00 PM before Honorable George Caram Steeh. (MBea, ) (Entered: 01/05/2005)
8 CERTIFICATE OF SERVICE by Tony B. Smith re 7 Stipulation and Order. (KGeha, ) (Entered: 01/07/2005)
9 SUMMONS Returned Executed. William Smith served on 1/12/2005, answer due 2/1/2005 (NHoll, ) (Entered: 01/21/2005)
10 SUMMONS Returned Executed. Wolverine Bronze Company, Incorporated served on 1/12/2005, answer due 2/1/2005 (NHoll, ) (Entered: 01/21/2005)

Case: 2:04-cv-73813 As of: 05/05/2010 04:25 PM EDT 3 of 4

02/10/2005 02/14/2005 02/14/2005 02/14/2005
02/14/2005
02/16/2005
02/22/2005 02/22/2005
03/31/2005 04/14/2005 04/19/2005 04/27/2005
04/28/2005 05/05/2005 05/12/2005 05/12/2005 05/12/2005 08/31/2005 08/31/2005 08/31/2005 11/09/2005

11 DISCOVERY plan jointly filed pursuant to Federal Rules of Civil Procedure 26(f).(NHoll, ) (Entered: 02/11/2005)
12 ANSWER to Intervenor Complaint by all defendants.(Sutton, Kevin) (Entered: 02/14/2005)
13 AFFIRMATIVE DEFENSES by William Smith, Wolverine Bronze Company, Incorporated.(Sutton, Kevin) (Entered: 02/14/2005)
14 CERTIFICATE OF SERVICE by William Smith, Wolverine Bronze Company, Incorporated re 12 Answer to Intervenor Complaint, 13 Affirmative Defenses. (Sutton, Kevin) (Entered: 02/14/2005)
15 CERTIFICATE OF SERVICE by William Smith, Wolverine Bronze Company, Incorporated relative to Defendants' Interrogatories, Request for Production of Documents, and Notice of Taking Deposition to Plaintiff−Intervenor Tony Smith. (Sutton, Kevin) (Entered: 02/14/2005)
16 ANSWER (Reply) to Defendants' Answer to Complaint in Intervention and Affirmative Defenses; Reliance on Jury Demand; and Proof of Service by Tony B. Smith. (Fagan, Barry) (Entered: 02/16/2005)
Minute Entry −Scheduling Conference held on 2/22/2005 before Honorable George Caram Steeh. (MBea, ) (Entered: 02/22/2005)
17 SCHEDULING ORDER: Final Pretrial Conference set for 2/14/2006 09:00 AM; Jury Trial set for 2/21/2006 09:00 AM before Honorable George Caram Steeh. Dispositive Motion Cut−off set for 11/3/2005 Signed by Honorable George Caram Steeh. (Refer to image for additional dates)(MBea, ) (Entered: 02/22/2005)
18 MOTION for Leave to File First Amended Complaint in Intervention by Tony B. Smith. (Fagan, Barry) (Entered: 03/31/2005)
19 RESPONSE to 18 MOTION for Leave to File First Amended Complaint in Intervention filed by all defendants. (Sutton, Kevin) (Entered: 04/14/2005)
20 REPLY to Response re 18 MOTION for Leave to File First Amended Complaint in Intervention filed by Tony B. Smith. (Fagan, Barry) (Entered: 04/19/2005)
21 ORDER granting 18 Motion for leave to file first−amended complaint in intervention to add a claim of intentional infliction of emotional distress.Signed by Honorable George Caram Steeh. (DPer, ) (Entered: 04/27/2005)
22 AMENDED COMPLAINT filed by Tony B. Smith against William Smith and Wolverine Bronze Company, Incorporated.(DPer, ) (Entered: 04/29/2005)
23 STIPULATED PROTECTIVE ORDER regarding plaintiff−intervenor's medical records. Signed by Honorable George Caram Steeh. (DPer, ) (Entered: 05/06/2005)
24 ANSWER to Amended Complaint by all defendants.(Sutton, Kevin) (Entered: 05/12/2005)
25 AFFIRMATIVE DEFENSES by William Smith, Wolverine Bronze Company, Incorporated.(Sutton, Kevin) (Entered: 05/12/2005)
26 REPLY to 24 Answer to Amended Complaint, 25 Affirmative Defenses by Tony B. Smith. (Fagan, Barry) (Entered: 05/12/2005)
27 Plaintiff−Intervenor's WITNESS LIST by Tony B. Smith (Fagan, Barry) (Entered: 08/31/2005)
28 Plaintiff's WITNESS LIST by Equal Employment Opportunity Commission (Price, Dale) (Entered: 08/31/2005)
29 Initial WITNESS LIST by William Smith, Wolverine Bronze Company, Incorporated (Sutton, Kevin) (Entered: 08/31/2005)
30 CONSENT DECREE. Signed by Honorable George Caram Steeh. (DPer, ) (Entered: 11/09/2005)

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12/12/2005

31 STIPULATED ORDER dismissing plaintiff's claims with prejudice. Signed by Honorable George Caram Steeh. (DPer, ) (Entered: 12/12/2005)