IINITE,D SI'ATES DISTRICT COURT

FOR THE NORT]IIERN DISTRICT OF ILLINOIS

EASTERN DIVISION

EUGENI] MILON.

Plaintifl

V.

A&A Merintenance Enterprise, Inc.,,

Defendant.

a.

discrimination based

Case No.

charge of employment discrimination alleging sex discrimination,

national origin and retaliation wers filed with the Equal Opportunity

CON{PLAINT AT LAW

NOW COMES the Plaintifl EUGENE MILON (hereinafter "MILON"), by and through

his attorneys, Porter Law Offices, ancl for his Complaint at Law against Delendant, A&A

Maintenance Enterprise, Inc. (hereinafter "A&A"), states as follows:

JURISDICTION

1. This is a suit in equity authorized and instituted pursuant to the Civil Rights Act

of 1964, as amended, 42 Ll.S.C. Q2000(e)2. The jurisdiction of this court is invoked to secure

protection of and to address deprivation of rights secured by 42 U.S.C. $2000(e)2. providing for

declaratory, injunctive, compensatory', punitive, and other relief against employment

discrimination based upon sex, national origin and retaliation.

2. Venue in this district irs proper under 28 U.S.C. $ 1391(8). The Defendant

conducts business in this district and the events giving rise to Plaintiff s claims occurred here.

3. All conditions precedento jurisdiction have occurred or been complied with to

wit:

A

on

Case: 1:12-cv-02697 Document #: 1 Filed: 04/12/12 Page 1 of 20 PageID #:1
Employnrent Commission by Plaintiff- against Defendant on October 14, 2011 with charge

number 440-2012-00204, ac:opy of which is attached hereto as Exhibit 1.

b. The F)qual Employment Opportunity Commission (hereinafter "EEOC")

issued a notice of right to sue letter for charge 440-2012-00204 on January 18,2072, a copy of

which is attached hereto as llxhibit 2.

PARTIES

4. MILON is at male citiz<:n of the United States and the State of Illinois. He

currently resides in Summit., Illinois. MILON was forty-nine (49) years of age at the time of his

termination by A&A. MILON's national origin is Polish.

5. MILON was a member of the protected class, being a forty-nine (49) year old

male citizen of the lJnited States with Polish national origin, when the unlawful employment

practices occurred.

6. At all times relevant, MILON was employed by A&A as an "employee" as that

term is clefined under Title VII of the Civil Rights Act of 1964, as amended , 42 U.S.C.

$2000e(b).

7. A&A is a Nerv York Corporation authorized to do business in the State of Illinois,

and is doing business in the iState of Illinois.

8. A&A is an "employer" as that term is defined under the Civil Rights Act of 1964,

as amended,42 U.S.C. $200t)e(b).

9. MILON begarr his emplo)/txent with A&A in March 2007 .

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1(). Consistently throughout his employment with A&A, the owner of the comPanY,

the operations manager and a project manager at A&A harassed and discriminated against

MILON llased on his age, sex, and national origin.

1 l. The owner o,f the company made derogatory comments to MILON concerning

MILON's national origin. By way of example, the owner told MILON that he was a "lucky

fuckins I'ollock".

l'.2. Thereafter, on a regular basis, the owner of A&A began treating MILON less

favorabll' by giving extra benefits and better treatment to non-Polish workers, female workers,

and younger workers.

l:]. In or around January of'2011, MILON was questioned by Human Resources

about an incident regardingl "dirty joke,s" and sexual harassment. MILON had warned other

employees not to make dirty jokes and never told a dirty joke to any employees.

14. In or around June of 201 1, MILON reported a problem that was not on the floor

that he supervised, but on another Project Manager's floor and he was written up for simply

reporting the complaint on her floor.

l:t. Not long after, on or abourt July 8,201 1, A&A terminated MILON's employment.

COUNT I _ ADEA

HOSTILE WORK ENVIRONMENT -- AGE

1(i. MILON reinc,orporates and realleges Paragraphs 1 through 15 as though they are

fully set lbrth herein.

1",7 . MILON is a member of a protected class, being a forty-nine (49) year old IJ.S.

citizen at the time of terminertion from A&A.

ltt. During the course of N/[ILON's employment with A&A, he was continually

subiected to a hostile work environment.

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l'). A&A, in violation of thr: provisions of the Age Discrimination in Employment

Act of 1')67 (hereinafter "llDEA"), has; discriminated against MILON on the basis of his age,

and denied him the equal c,pportunity fbr employment because of his age. In particular, A&A

subjected MILON to a hostile work environment as described above because of his age.

2t;5. A&A knew tlhat its treatrnent of MILON violated the ADEA.

2I . Plaintiff demands a jury trial.

\ /HEREFORE, Plaintiff, EIJGIINE MILON, respectfully prays that this Honorable

Court:

a. Enter a declaratory judgnrent that the practices complained of herein are unlawful

and in violati,on of the A[)EA;

b. Permanently enjoin A&1',, its agents, successors, officers, employees, attorneys,

and those acting in conce:rt with it or them from engaging in each of the unlawful

practices, policies, custonls, and usages set forth herein, and from continuing the

unlawful practices, polic:ies, customs , and usages set forth herein, and form

continuing an,y and all prarctices shown to be in violation of applicable law;

c. Order modifi,cation or elimination of the practices, policies, customs, and usages

set forth herein and all other such practices shown to be in violation of applicable

law so that they will not discriminate on the basis of age;

d. Compensate and make MILON whole for all earnings, wages, including

prejudgment interest and other benefits that he would have received but for the

discriminatory practices of A&A;

e. Award MILCIN the costs and disbursements of this action, including reasonable

attorney's fees;

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f. Award MILON punitive damages for A&A's willful conduct, and grant such

relief as may be just and proper.

COT]NT II _ TITLE VII

HOSTILE WORK ENVIRONMENT -. SEX

2'.2. MILON rein,;orporates arrd realleges Paragraphs 1 through 15 as though they are

fully set forth herein.

2.3. MILON is a rnember of a protected class, being a male U.S. citizen.

2'+. During the oourse of NIILON's employment with A&A, he was continually

subjectecl to a hostile work environment.

25. A&A, in violation of the provisions of Title VII of the Civil Rights Act of 1964 as

amended,42IJ.S.C. S2000(c)2, has discriminated against MILON on the basis of his sex, male,

and denied him the equal opportunity 1br employment because of his sex. In particular, A&A

subjectecl MILON to a hostile work environment as described above because of his sex.

2'5. A&A knewthat its treatment of MILON violated Title VII of the Civil Rights Act

of 1964 as amended by The Civil Rights Act of 1991 .

2'7 .Plaintiff demands a jury trial.

WHERtrFORE, Plaintiff, EUGENE MILON, respectfully prays that this Honorable

Court:

a. Enter a declaratory judgnrent that the practices complained of herein are unlawful

and in violati,rn of Title \rII;

b Permanently enjoin A&lr, its agents, successors, officers, employees, attorneys,

and those acting in concert with it or them from engaging in each of the unlawful

practices, policies, custorns, and usages set forth herein, and from continuing the

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unlawful prerctices, policies, customs, and usages set forth herein, and form

continuing any and all practices shown to be in violation of applicable law;

c. Order modifioation or elimination of the practices, policies, customs, and usages

set forth here,in and all other such practices shown to be in violation of applicable

law so that thLey will not cliscriminate on the basis of sex;

d, Compensate and make MILON whole for all earnings, wages, including

prejudgment interest and other benefits that he would have received but for the

discriminatory practices of A&A;

e. Award MILON the costs and disbursements of this action, including reasonable

attorney's fees;

f. Award MILON punitive damages for A&A's willful conduct, and grant such

relief as may beiust and proper.

COUNT III _ TITLE VII

HOSTILE WORK ENVIRONMENT _ NATIONAL ORIGIN

ziB. MILON reincorporates and realleges Paragraphs 1 through 15 as though they are

fully set lbrth herein.

29. MILON is a member of a protected class, being of Polish national origin.

30. During the course of VTILON's employment with A&A, he was continually

subjected to a hostile work environment.

3 1. A&A, in violation of the provisions of Title VII of the Civil Rights ,A.ct of 1964 as

amended, 42 U.S.C. $2000t.c)2, has discriminated against MILON on the basis of his national

origin, Polish, and denied him the equal opportunity for employment because of his national

origin. In particular, A&A srubjected MILON to a hostile work environment as described above

because of his Polish nationill oriein.

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32. A&A knew that its treatnrent of MILON violated Title VII of the Civil Rights Act

of 1964, as amended by the Civil Rights Act of 1991.

3 l. Plaintiff demands a jury trial.

V/HEREFORE, Plaintiff, EUGENE MILON, respectfully prays that this Honorable

Court:

a. Enter a declaratory judgnrent that the practices complained of herein are unlawful

and in violation of Title \rII;

b Permanently enjoin A&l\, its agents, successors, officers, employees, attorneys,

and those acting in concert with it or them from engaging in each of the unlawful

practices, potlicies, custorns, and usages set forth herein, and from continuing the

unlawful prerctices, polir;ies, customs, and usages set forth herein, and form

continuing any and all practices shown to be in violation of applicable law;

c. Order modification or elimination of the practices, policies, customs, and usages

set forth herein and all other such practices shown to be in violation of applicable

law so that thLey will not cliscriminate on the basis of national origin;

d Compensate and make MILON whole for all earnings, wages, including

prejudgment interest and other benefits that he would have received but for the

discriminatory practices of A&A;

e. Award MILON the costsr and disbursements of this action, including reasonable

attorney's fee,s;

f. Award MILON punitive damages for A&A's willful conduct, and grant such

relief as may be just and llroper.

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COIINT IV - TITLE VII

WRONGFUL TERMINATION BASED ON NATIONAL ORIGIN

3,+. MILON rein,;orporates and realleges Paragraphs 1 through 15 as though they are

fully set forth herein.

3:5. MILON is a member o1'a protected class, being a U.S. crtizen with a Polish

national oriqin.

31">. During the course of MII-ON's employment with A&A, he performed to A&A's

legitimate expectations.

31 . MILON was terminated o'n Julv 8. 2011.

38. A&A treated one or more similarly-situated employees outside of the protected

class more favorably.

39. By terminatiLng MILONT and by creating, condoning, and perpetuating an

environneent by which the terms and conditions of employment differ for members of a protected

class, Aif.A has intentionarlly discriminated against MILON with malice or with reckless

indifference to MILON's federally protected rights in violation of Title VII of the Civil Rights

Act of 1964.

40. As a result o1' the intentional acts complained of herein, MILON has suffered and

will continue to suffer the lo'ss of employment with A&A and the loss of salary, wages, bonuses,

benefits, and other compensation which such employment entails' and MILON has also suffered

pecuniarl' losses, emotional distress, pain, suffering, inconvenience, loss of enjoyment of life,

and other-non-pecuniary losses.

41 . Plaintiff demands a jury trial.

WHEREFORE, Plaintiff, EUGIINE MILON, respectfully prays that this Honorable

Court:

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b"

Enter a decla.ratory judgnrent that the practices complained of herein are unlawful

and in violation of the Civil Rights Acts of 1964, as amended by the Civil rights

Act of l99l;

Permanently enjoin A&l\, its agents, successors, officers, employees, attorneys,

and those act ing in concert with it or them from engaging in each of the unlawful

practices, pollicies, custorns, and usages set forth herein, and from continuing the

unlawful prarctices, polir:ies, customs, and usages set forth herein, and form

continuing any and all practices shown to be in violation of applicable law;

Order modification or elimination of the practices, policies, customs, and usages

set forth herein and all other such practices shown to be in violation of applicable

law so that they will not cliscriminate on the basis of national origin;

Immediately assign MILTCN to that job he would now be occupying but for the

discriminatory practices of A&A, and adjust the wage rates, salaries, bonuses, and

benefits for MILON to those which he would be enjoying but for the

discriminatory practices of A&A, or, if this is impossible, award MILON frontend pay;

Compensate and make MILON whole for all earnings, wages, including

prejudgment interest and other benefits that he would have received but for the

discriminatory practices o,f A&A;

Award MILON the costs and disbursements of this action, including reasonable

attorney's fees;

Award MILON punitive damages for A&A's willful conduct, and grant such

relief as may be just and prroper.

d.

o

b '

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h" Grant such other relief as may be just and proper.

COIJNTV-TITLEVII

WRC)NGFUL TIIRMINATION BASED ON SEX

4'2. MILON rein,corporates and realleges Paragraphs I through 15 as though they are

fully set florth herein.

43. MILON is a rnember of a protected class, being a male U.S. citizen.

4,1. During the course of MII-ON's employment with A&A, he performed to A&A's

legitimate expectations.

45. MILON was terminated on July 8,2011.

4t5. Defendant treated one or more similarly-situated employees outside of the

protected class more favorably.

4'7. By terminating MILOhI and by creating, condoning, and perpetuating an

environrnent by which the terms and conLditions of employment differ for members of a protected

class, A,tA has intentionally discrimiinated against MILON with malice or with reckless

indifference to MILON's fe,derally protr:cted rights in violation of Title VII of the Civil Rights

Act of 1964.

48. As a result oli'the intentional acts complained of herein, MILON has suffered and

will continue to suffer the loss of emplo'yment with A&A and the loss of salary, wages, bonuses,

benefits, and other compensation which such employment entails, and MILON has also suffered

pecuniar;, losses, emotional distress, pain, suffering, inconvenience, loss of enjoyment of life,

and other-non-pecuniary losrses.

49. Plaintiff demands a jury tr:ial.

\ ,'HEREF ORE, Plai ntiff,, EUGIINE MILON, respectfully prays that this Honorable

Court:

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b,

Enter a declarratory judgnnent that the practices complained of herein are unlawful

and in violation of the Civil Rights Acts of 1964, as amended by the Civil rights

Act of 1991:

Permanently enjoin A&,t\, its agents, successors, officers, employees, attorneys,

and those acl.ing in conce'rl with it or them from engaging in each of the unlawful

practices, policies, custorns, and usages set forth herein, and from continuing the

unlawful prerctices, polir:ies, customs, and usages set forth herein, and form

continuing any and all practices shown to be in violation of applicable law;

Order modification or elimination of the practices, policies, customs, and usages

set forth here,in and all other such practices shown to be in violation of applicable

law so that thLey will not cliscriminate on the basis of sex;

Immediately assign MILTON to that job he would now be occupying but for the

discriminatory practices of A&A, and adjust the wage rates, salaries, bonuses, and

benefits for MILON to those which he would be enjoying but for the

discriminatory practices of A&A, or, if this is impossible, award MILON frontend pay;

e. Compensate and make MILON whole for all earnings, wages, including

prejudgment interest and other benefits that he would have received but for the

discriminatory practices c'f A&A;

Award MILON the costs and disbursements of this action, including reasonable

attorney's fees;

Award MILON punitive damages for A&A's willful conduct, and grant such

relief as may be just and prroper.

d

o

D '

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h, Grant such other relief as may be just and proper.

COUNT VI .- ADBA

WRONGFUL TT]RMINATION BASED ON AGE

5{1. MILON reincorporates and realleges Paragraphs 1 through 15 as though they are

fully set Forth herein.

51. MILON is a member of a protected class, being a forty-nine (49) year old u.S.

citrzen at the time of termination from A&A.

5|2. During the cr:rurse of MII-ON's employment with A&A, he performed to A&A's

legitimate expectations.

5.1. MILON was terminated on July 8,2011.

5,+. Defendant treated one or more similarly-situated employees outside of the

protected class more favorably.

5:ri. By terminat.ing MILON and by creating, condoning, and perpetuating an

environrrLent by which the terms and conditions of employment differ for members of a protected

class, ArkA has intentionally discriminated against MILON with malice or with reckless

indifference to MILON's federally prortected rights in violation of the Age Discrimination in

Employnrent Act of 1967.

5(i. As a result ol'the intentional acts complained of herein, MILON has suffered and

will continue to suffer the loss of emplo.yment with A&A and the loss of salary, wages, bonuses,

benefits, and other compensation which such employment entails, and MILON has also suffered

pecuniarl' losses, emotional distress, pain, suffering, inconvenience, loss of enjoyment of life,

and other-non-pecuniary losrses.

5',t . Plaintiff demands a iury tr:ial.

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Courl:

V/HEREFORE, Pla.intiff, EUGENE MILON, respectfully prays that this Honorable

a,, Enter a declaratory judgnnent that the practices complained of herein are unlawful

and in violation of the Civil Rights Acts of 1964, as amended by the Civil rights

Act of 1991 and the ADEA;

Permanently enjoin A&.2\, its agents, successors, officers, employees, attorneys,

and those acl.ing in concert with it or them from engaging in each of the unlawful

practices, policies, custorns, and usages set forth herein, and from continuing the

unlawful prerctices, polir:ies, customs, and usages set forth herein, and form

continuing any and all practices shown to be in violation of applicable law;

Order modification or elimination of the practices, policies, customs, and usages

set forth here,in and all other such practices shown to be in violation of applicable

law so that th,ey will not cliscriminate on the basis of sex;

Immediately assign MILTON to that job he would now be occupying but for the

discriminatory practices of A&A, and adjust the wage rates, salaries, bonuses, and

benefits for MILON to those which he would be enjoying but for the

discriminatory practices of A&A, or, if this is impossible, award MILON frontend pay;

e. Compensate and make MILON whole for all earnings, wages, including

prejudgment interest and other benefits that he would have received but for the

discriminatory practices o,f A&A;

Award MILON the costs and disbursements of this action, including reasonable

attomev's fee,s:

b ,

d.

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(\

D ' Award MILON punitive damages for A&A's willful

relief as may be just and proper.

Grant such other relief as may be just and proper.

conduct. and srant such

h.

COUNT VII _ TITLE VII

RETALIATION

58. MILON reincorporates and realleges Paragraphs 1 through 15 as though they are

fully set forth herein.

59, A&A's termiination of MTLON was in direct retaliation for MILON having openly

opposed practices which are prohibited by Title VII of the Civil Rights Act of 1964. In doing so,

A&A acted with malice andlor recklesrs indifference to MILON's federally protected rights in

violation of the Civil Rights Act of 1964., as amended by the Civil Rights Act of 1991.

6{1. As a result o1- the intentional acts complained of herein, MILON has suffered and

will continue to suffer the loss of employment with A&A and the loss of salary, wages, bonuses,

benefits, and other compensation which such employment entails, and MILON has also suffered

pecuniar.l losses, emotionall distress, pain, suffering, inconvenience, loss of enjoyment of life,

and othel non-pecuniary losses.

61. Plaintiff demands a trial by jury.

WHEREFORE, Plaintiff, EIJGENE MILON, respectfully prays that this Honorable Court:

Enter a declaratory judgnrent that the practices complained of herein are unlawful

and in violatiion of the Cjivil Rights Acts of 1964, as amended by the Civil rights

Act of 1991 and the ADEA;

Permanently enjoin A&A, its agents, successors, officers, employees, attorneys,

and those acting in concert with it or them from engaging in each of the unlawful

a.

b,

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d

practices, policies, custorns, and usages set forth herein, and from continuing the

unlawful practices, policies, customs, and usages set forth herein, and form

continuing any and all priacticeshown to be in violation of applicable law;

Order modifiication or eljimination of the practices, policies, customs, and usages

set forth herein and all other such practices shown to be in violation of applicable

law so that ttrey will not discriminate on the basis of age, national origin or sex;

Immediately assign MILON to that job he would now be occupying but for the

discriminatory practices of A&A, and adjust the wage rates, salaries, bonuses, and

benefits for MILON to those which he would be enjoying but for the

discriminatory practices ,of A&A, or, if this is impossible, award MILON frontend pay;

Compensate and make MILON whole for all earnings, wages, including

prejudgment interest and other benefits that he would have received but for the

discriminatory practices of A&A;

Award MILON the costs and disbursements of this action, including reasonable

attorney's fees;

g. Award MILON punitive damages for A&A's willful conduct, and grant such

relief as may be just and proper.

Respectfully Submitted,

ETJGENE MILON

/s/ Vincent D. Porter

One of his attorneys

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Vincent .D. Porter

Porter Lzrw Offices

Attorneys for Plaintiff

150 N. Ivlichigan Ave. Suite: 2800

Chicago, IL 60601

312-7 68-87 56

312-264-0413 fax

v p orter @)p orterlawo ffi c e. co 1U

Case: 1:12-cv-02697 Document #: 1 Filed: 04/12/12 Page 16 of 20 PageID #:16
Exhibit 1

Case: 1:12-cv-02697 Document #: 1 Filed: 04/12/12 Page 17 of 20 PageID #:17
To: Page 3 of 3 20l 1-1O-14 16:O1:34 (GMT) 13122640413 From: Wncent Porter

€Eo'C Fqtrr!i (S/Ol )

t -

ctrl-lerenc terms and concltttons ol employment on the basis c,r my 5ex (rTlaler, rlar.rqnal ()rlt'rn lrr)rl5nr, .trtq age

(49). l\^/as €!lso harassed on tlre basis of rny sefx (rnale), national origin (Polish), and age (49). lcomplained o f

the discrimi;nation and harassrrtent. On July 8, 2011, I wasterminated frorn my position as building manager.

t believe that I have been discrin'rlnated agains;t and harassed on the basis of my sex (male), national origin

(Polish), ancl age (49) in violation of Title Vll of the Gvil Rights Act of ?,;964, as amended, the Age

Discrimination ln Employrnent Act, and the lllir.rois Human Rights Act. I alsq believed that I have been

retallated against on the basis of these acts.

NOTARY - Vvhen neaossary,'or Slale and Locat Agonoy

Requiremants

I declare und,er penafty of perjury that the above is true and

correct.

t swear or alfirm thal t have read the above charge and

that it is true to the best of my knowledge. anbrmation €nd

baliBf.

SIGNATURE OF COMPI,ANANT

SUSS(]RIE}ED ANO SIA/ORN TO BEFORE ME THIS DATE

(mon(h, daY, Yeef)

fu *t.ry fln, ' '.1

Chaping Party Signature

CHaneE oF DlscntrutllATtoN

THr Sorrn tx dl& ly t}r hfvccy A.t of re7{ Sor oncfcr<l n*rql ea

Sta.a'ia|.rt lrd olicra.t.dttra{ott b{'loc ocngfdog |tdr tcfrr\

Charge Presented to: Agenry(ies) Charge No(s):

T :En 4Vo- ).01t - h2h4

-p;m€T6morw-.]_aj 

==lt 

u*-ru,* -

Mr. Eusenr= Milon I ZZZ-SZ+4694 | 06/111196.2

5312 S Hunt Avenue, Summit, lL 6050l

Thrt t b€fr.vt Oiscnfri^.led Agairit M6 or Otl\.t . itl a.€7han ti,o, list undef PARiCULARS Delow-)

A&A Maintenance Enterprisg, Inc. I sooo* | 914-969-oooE

Street Aclctraas; City;S-taiA and ZP Code

Street Addrcss;

965 ldidland Avenue

(;ity, Stats and Z)P

Ycrnkers. New York. 1A7O4

ode

DISCRIMf NATION BASED ON (Check appropriafe boxles).) I l)AI e(5) utr:lt.;t<rMrNA I l(rN | (rt:x. FL-AcE

I Earliest Latest

_ RACE -- COLOR X SEX _* REL|G|ON 2S NATIONAL ORtGtN | 

7-e2o11

l! RETALA'noN x AGE -* DrsABrLrT.r - 

,orHER (specify below.) I 

3 CONTINUING AcrloN

I

TtrEFAffiie@n* paperl;

t began w,orking for A & n Maintenance Enteirprise, lnc. in 2006- During my ernployment, I was subjected to

different terms and conditions of emolovment: on the basis of mv sex (male), national origin (Polish), and age

I want this charge filed wlth both the EE(3C and the Stale or lo<>rt Agency,

if any, I wlll advise the agencbs if I ctrarrge my address ,cr phone number

and I will coop€rste fully wlth them ln the processlng of nry charge in

accordance wijlh their procodures.

RECEIVED EFOC

OcI | 4 20tl

CHICAGO DISIRICI OFFICE

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Exhibit 2

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EEOC Form 161 (11/09) U.S. Eoual EutployMENT Oppo nru Nrry Cotvtlt rss ton

DrsrurssAL AND Nonce oF RTcHTS

ro: Eugene Milon

c/o Vincent F orter, Esq.

Porter Law Crffices, LLG

150 North Michigan Avenue, Suite 2800

Ghicago, lL €;0601

CERTIFIED lllAll: 7011 1150 0001 5234 349s

CP ATTY:

tr _8,i:;:["J:,;:i;fl,Etr{i;;iil"i," identitv is

From: Chicago District office

500 West Madison St

Suite 2000

Chicago, fL 60661

EEOC Charge No.

440-2012-00204

EtrOC Representative

Brandi Kraft,

lnvestigator

Telephone No.

(312) 869-81s3

THE EEOC IS CLOSING ITS FILE ON THIS CHARCIE FOR THE FOLLOWING REASON:

The facts alleged in the charge fail to state a daim under any ot the statutes enforced by the EEOC.

Your allegations did not involve a disability as defined by the Americans With Disabilities Act.

The Respondent employs less than the required number of employees or is not otheMjse mvered by the statutes.

Your charge was not timely filed with EEOC; in other words, you waited too long after the date(s) of the alleged

discrimination tofile your charge

The EEOC issues the following determination: Based upon its investigation, the EEOC is unable to conclude that the

information obtained establishes violations of the statutes. This does not certify that the respond€nt is in compliance with

the statutes. No finding is made as to any other isbues that might be construed as having been raised by this charge.

The EEOC has adopted the findings of the state or Iocal fair employment practices agency that investigated this charge.

Othet G'nefly state)

. NOTICE OF SUIT RIGHTS -

(See the additionat information attached to this form.)

Title Vll, the Americans with Disabilities Act, the Genetic Information Nondiscrimination Act, or the Age

Discrimination in Employment Act; This will be the only notice of dismissal and of your righto sue that we will send you.

You may file a lawsuit against the respondent(s) under federal law based on this charge in federal or state court. Your

lawsuit must be filed wlTHlN 90 DAYS of your receipt of this notice; or your righto sue based on this charge will be

lost. (The time limitbr filing suit based on a claim under stale law may be different.)

Equal Pay Act (EPA): EPA suits must be filed in federal or state court within 2 years (3 years for willful violations) of the

alleged EPA underpayment. This means that backpay due for any violations that occurred more than 2 vears (3 vears)

before you file suit may not be collectible.

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Enclosures(s)

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On behalf of the Commission

John P. Rowe,

District Director

A&A MAIN'TENANCE ENTERPRISE, INC.

(Date Mailed)

Case: 1:12-cv-02697 Document #: 1 Filed: 04/12/12 Page 20 of 20 PageID #:20