Exhibit B

USDC IN/ND case 2:13-cv-00005-TLS-PRC document 25-3 filed 04/08/14 page 1 of 8
PAN{COIAWLLC

Trial.fzryerc & Counselorc at law

9465 Counselors Row'Suite 200'Indianapolis, IN 46240

TELs (31?) ? 597 464' Emaift jpanico@discriminationlawgroup'com

www.discriminationlawgroup.con

John Robett Panico

Admitted In

Califomia&Uah

GrecpryBehes

O{Counsel

Mmitted in Kentucky

Apil7,2014

U.S. Department of Labor

OFCCP

Chicago District Office

230 South Dearborn Steet

Room 570

Chicago,IL 60604

Re: Baker v. Wilson 5 Service Company

To Whom it May Concern:

This law firm represents John Baker in connection with his charge of discrimination

against the above-referenced employer.

Enclosed please find Mr. Baker's charge of discrimination.

Shoutd you have any questions, please feel free to contact me.

(/*R.PANICo

ffiF">

USDC IN/ND case 2:13-cv-00005-TLS-PRC document 25-3 filed 04/08/14 page 2 of 8
Complaint of Discrimination in Employment

Under Federal Govemment Contracts

U.S. Department of Labor

ffice of Federal Contract

Compliance Programs

us !€PARItt$ff Diltufi ln

lnstructions: Before completing this form, please read all instructions, induding the Privacy Act statement below. Use OMB No: 1251!0002

Expires: O3ili}1/2014 this form to file a complaint of discrimination in employment under any of the OFCCP programs. While your response is

voluntary, OFCCP relies on this information as a souroe for identifying potential violations of equal employrnent

opportunity requirements in the federal contractor community. Note: Persons are not required to respond to this

collection ofinformation uless itdisplays a ctnently valid OMB control number.

Privacy Act Notice: The authority for collecting this information is Executive Order 11246, as amended; Sec. 503 of the Rehabilitatiott l\ct of

,f 973, ai amended; the Meham Era Veterans' Readjustment Assistance Act of 1974 as amended, 38 U.S.C. 4212;Title Vll of the Civil Fiights Act

of 1 964, as amended; and/or Title I of the Americans with Disabilities Act of 1990, as amended (ADA). This information is used to procai;:!

complaint and conduct investigations of alleged violations of the above Order or Acts. We will provide a copy of this complainto the em1l|oy'er

against whom it is filed and, when matters alleged are covered by Title Vll and/or the ADA, to the U.S. Equal Employment Opportunity Cr:rrnrnission

(EEOC). The information collected may be verified with others who may have knowledge relevant to the complaint. lt may be used in seltlt:rnent

negogations with the employer or in the course of presenting evidence at a hearing, or may be djsclosed to other agencies with jurisdictinn over the

coirplaint. Providing this information is voluntary; however, failure to provide the information will restrict the action that the Department ot'l-atbor

can iake on your behalf and, for matters covered bv Tide Vll or the ADA, may affect vour right to sue under those laws'

Non-Retaliation: OFCCP regulations and Title Vll and/or the ADA where applicable, require an employer to take all necessary steps to tt,ssure that

there is no retaliation against any person wtro files a complaint or assists in its investigation. This includes any intimidation, threat, @ercl,on or

discrimination. Please OFCCP at retaliation is made.

ofdaysfollowingthe|atestoocuren@ofthea||egeddiscriminatior.:

Fvaarrrirra c'rAar 112AR- 'lRO davc. Rehahilitatinn anri Vetemns Actc - 3OO davs- Exceotions must be aooroved bV the DifgCtOf. Executive Order 11246 - 180 days; Rehabilitation and Veterans Acts - 00 days. Exceptions must be approvecl

Name and address: EM. EM". LlMo. flMiss

ttame lonn e-,e.kgi 

. "_ . "

Line#1itoieZ4v.-e$reF -. , . lCity .!11!geSg...

Line#2, ' ' ' tstate;tL "EL Zip eoetz

Name and address of company you allege discriminated again,l;t you:

Name Wlson 5 Service Co

Line #1 6 Page Sbeet City xittery

Line #2 ' State M-EFI ziP ogqy

Telephone No.

trrtait tris torm to the Department of Labor, OFCCP Regional ffice:

riyL91' " ' 

.-'.j$*"i.q* R!of""1, ffil

Gi\re the date(s) of the latest occunence(s) of the alleged

discriminatory act(s):

;OanteOi,tt

bor next to the orooram vou are filinq under Executive Order 1 1246, as amended; secuon 503 ot Stepi: Check the box next to the program you are filing under (i.e

igzi, 

"" 

amended, or the Meham Eri Veterans' ReadlustmentAssistance Act of 1974, as amended, 38 U.S.c. 4212i or retaliation)

Step 2: Under the program, check wfrat you believe to be the basis for the discriminauon against you, such as race, sex, or national origin lf you

ttrin'k that there was more fran one basis, more than one basis may be checked. You may also check more than one race/ethnic categotlr.

lll Executive Order ii246, as amended. This Order covers persons alleging discrimination because of race, color, religion, sex, or neltional

" riJin. irtf,is is ctrecked, your complaint will be dual filed as a charge under Title Vll of the civil Rights Act of 1964. I believe I was l,or

continue to be) discriminated against because of my:

E@:

Hispanic or Latino

Not Hispanic or LaUno

lfl section 503 of the Rehabilitation Act of i973, as amended. This Act covers individuals with a disability, persons with a history o'i' physical

s 

or mental disability, and persons regarded as disabled by the employer. lf this is checked, your complaint will be dual-filed as a cha'rg1e under

the Americans with Disabilities Act.

Basis: fil Disability Please check if you are a veteran: [Ves Ettto

[,-] viet am Era veterans' Readjustment Assistance Act of 1974, as amended, 38 u.s.c. 4212' This Act covers special disabled v{?!elans'

" ;;6;; ortt" vi"tn"r Era, recently separated veterans, disabled veterans, Armed Forces service medal veterans, and other protiinlfed

veterans.

lil Retaliation: lt is unlawftrlto harass intimidate, threaten, coeroe, or discriminate against any individual because he or she has filed a' $omplaint,

- p"rti6p"t"O in a discrimination proceeding or otherwise opposed discrimination under any of the federal programs above'

il nace

[-] cobr

l-l R"tioion

[s"r-[Female fllr,tale

I lNationalOrigin

l*lottrer

H

!nr"ri""n Indian orAlaskan Native

H ffi:l or Arrican Amencan

l-ln"tiu" Hawaiian or other Pacific lslander

Iwtrite

USDC IN/ND case 2:13-cv-00005-TLS-PRC document 25-3 filed 04/08/14 page 3 of 8
IF YOUR COMPLATNT IS BASED ON VETERAN STATUS, CHECK ONE OR MORE OF THE FOLLOWING APPLICABLE BOX(ES):

fl t was discharged or released ftom active duty on (enter date of discharge or release)

l-l t am a veteran wtro, while serving on active duty]n the Arm^ed_Forces, participated in a. United strates military operation for which an Atnterd

" F;;; service medalwas awardld pursuant to Executive order 12985 (61 cFR 1209)'

fl t serveO on active dug during a war or in a campaign or expedition for which a campaign badge has been authorized'

fl I served on active duty for a period of more than 1g0 days, and was- discharged or releasedr,vith other than a dishonorable discharge, ;anrj the

- active duty occuned in the Republic of Vietnam between February 28, 1961land May 7, '1975; or between August 5, 1964, and May i''' 1'975 in

all other cases.

fl t ,"as discharged or released from active duty for a service connected disability. lf you chect this box, submit medical information resrtltitrg in

discharge or release with this form. fihis information is available trom your tr,listeit'tititary Record at the National Personnel Record l)enter'

9700 Page Boulevard, St' Louis, MO 63132.)

I am a veteran who is entitled to compensation (or who but for the receipt of military retired pay would be entitled to compensatiotr) ltnder

laws administered by the Secretary of Veterans Affairs. Check one of the following:

fl Disability rating of 30% or more

I Disability rating at loo/o or 2eo/o and have been officially determined to have a serious employment disabili$

E Disability rating, but neither a or b

step 3: check those actions which you believe the employer took or failed to take because of your race, color, religion, sex, national origttt'

Ji"dOifity or veteran slatus (more than one may be checked):

lssue(s):

$ xirtns

I Termination

flt-ayotr

flRecall

I wag"s

flPromotion

I Demotion

flSeniority

flHarassment

[.rou Benefits

fllou Assignment

fl training and APPrenticeshiP

! Segtegat"d Facilities

I Pregnancy Leave

[l Accommodation to DisabilitY

fl saUuatn Day Observance

! lntimidation

S Ottrer retaliation

FOR EACH ISSUE, EXPLAIN IN YOUR STATEMENT BELOW HOWYOU WERE DISCRIMINATED AGAINST' ;ffii

IVes ffi No ttyes, include their names in your statement below and explain how they were treated'

2. Do you know any other employees or applicants who are not of your group who were treated in the same way (checked above) you irllege you

were? "itl tu, E xo r yes, include their names in your statement below and explain how they were treatecl'

THE COMPLAINT.

ffiriminatory/retaliatory act (s).

Please include:

o Why you believe the act(s) was because of your disability, veteran status, race, color, religion, sex, or national origin' and v'fiy you

believe the act(s) was retaliation;

o Dates, places, names and tites of persions involved and witnesses' if any;

. what harm, if any, was caused to you or others with whom you work as a result of the alleged discriminatory act(s);

oWhatexp|ana$on,ifany,wasofferedfortheact(s)bytheemp|oyer;and

. Any information you may have on federal contracts held by the employer'

lf this is a complaint based on disability, describe, the disability, your history of disability, or why you think the employer regarded you as rlisabled' ,'il*'",'-'-$ir$*#g##l'g*##,#t$l' 

federal cq{Sotts.e as lhe bu .iiii*.

ffii#JHlBFffi:?J:"1"TgXEH::T"tr#X,":d?H #,i'"'i6ii;il:S!^m11i,,rj;g*':*"":,l1ifi;"iffiy"ilH,:H$ilan

advisod o' his

appficarion and request for cq,suenation. cp was notririlii mntJ&ed. cp ttro rraie?'niiwiiffi; ;ir;d-tsubstintialty younga' lessenor less qualifcd

person for the

USDC IN/ND case 2:13-cv-00005-TLS-PRC document 25-3 filed 04/08/14 page 4 of 8
lw:;re,geffimiffi lit:itrroqlpsi"r.dh!W@f $

ruffffimr 9F m6@nd"l

::':..r.,'-, ir:,,iil: n* ;.i**:.rd-+t{e cp'tlid:etn*i Clserimlrution rygr

GP has bfPght ',

ffype as mudt infqnration as required into the block above)

USDC IN/ND case 2:13-cv-00005-TLS-PRC document 25-3 filed 04/08/14 page 5 of 8
lf vou have sought assistance in resolving this complaint from another source (another agencyJ a lawyer' intemal grievance procedure' etc')

please indicate here and ii;-#;;ithJ"our*, di;;;i;;;; ;ought assistance, and result' if anv:

Date

FRIEND OR RELATIVE:

prease notiff oFCCp if you change your address,or phone number. you may indicate a person who would know how to reach you if crFccP

is unable to reach you at your own address or pnone'

Name :.,, 

...

Line#1 i

-'

Line #2 t: 

-

RelationshiP

Telephone

City'

State, zip

iit* *" represented by an attomey or other person or

organization, Please tell us:

f.lsms John R'.Panico, EPq.'

Line #1 S46S Counselors no-W

Line #2 suite 299

Contact

TefePhone F17Y5*74il

City lndiianapolis

State tN.Pl ZiPt#pa'o

ffi'o?iIl,oil",*einfomationgivenaboveis1rueandcorrecttothebestoJmyknowtedgeorbe|ief.(Awi||fti|fa|se

statement is punishabre by raw 1 8 U.S.C. 1001 .)| ;;b;Jth"rize the r"r""riot *v r"Oi""r information needed for the investiga'lioni'

ilt ^-ro A?ctll,Aort

Date sigrfqFre of complainant pubtic Burden statement

we estimate that it will take an average of 1 .2g hours tocomptete thii complaint form,inTr'o-inJ tiru ror reviewing instructions, searching existing di''ia sources'

gathering and maintaining t"'oae nEeoed, and compteffiH-i;"H;d'il into*ition. lf y;ou have "ny-r*"nir 

t"garding these estimates o{ irnv other

aspec{ of rhis cdnprarmr.nm, induding sug.ge_stions for Jil;;ililr.',', .*o *,"iiil iJi#;;}Jou,"r coniia"t-cotpii"n"e Programs Po'i':;v Division

l125&0002)200Constitutioriffi;;:i.'n:Rqgry^c^3-33.5:}jshington,D.c.20210.

Thecomplainanthasverifiedthiscomplaintinmy.presence. Thiscomplaintisnowthebasisofan.investigationunderExecutivectnl

as amended; section 503 of the,Rehabiritation n"t oii6i!, 

"" 

amenoeo; r"iioiir,L viutn"r Era VeteiinS' Readiustment Assistanrcre Act of

S3t"$KJ*'3"ffJlTil3l'#lliFiililiS?Jii'";";;r;'*''"-' 

- -'

E;"t*tit" b.ft* b"

S!-natu re of I nvesti g ator

isza, "t 

amended (38 U.S.C' 4212)'

Title

4

Date

USDC IN/ND case 2:13-cv-00005-TLS-PRC document 25-3 filed 04/08/14 page 6 of 8
AFFIDAVIT OF JOHN P. BAKER

l, JOHN P. BAKER, being duly sworn depose and say:

1. I reside atto142Avenue F, Chicago,IL6o6tT;

2. My date of birth is March t3, 1956;

3. I am a member in good standing of International union of operating Engineers'

local399, Chicago,IL;

4. sometime in zoo6, I began working as the chief building engineer atthe federal' 

courthouse in Hammond, IN;

5.MyemployeratthecourthousewasWilsonsServiceCornpany;

6. In or about March 2oog,I resigned my employment with Wilson 5 due to a

serious health condition ;

7. sometime in zorz, mytreating physician returned me to full duty as a stationary

engineer without restrictions;

g. sometime in or aboutAugust 2ot2rl"ocal3gg referred rne to an open position at

the courthouse for a stationary engineer;

g. On or about September 4,2oL2,I telephoned William AuSIe at 219-933-7473'

and advis.d of- *V nfiti' * ;ddd;" {".t ryd position and -requested

consideration as I had hired eugb'f; the position I was currently applying for;

ro. Augte did not rehrrn mY Phone call;

rr. Augte did not hire me for the position;

rz. Augte hired a substantially younger, less qualified person' one without a

disability;

$.On or about Oc{ober r,2or2,I filed a charge of discrimination with the U'S'

Equal Employment opport -iry co**Gio" allegtng violations of the

Americans with Disabitities ;"1 CeO4l ang-..the age Discrimination in

nmployment ect (ADEA) against the employer Wilson 5;

14. on or about october 2L,2OL2,I received a right to sue letter from the EEoc;

USDC IN/ND case 2:13-cv-00005-TLS-PRC document 25-3 filed 04/08/14 page 7 of 8
5. On or about January r5a1orz, I lrcuSht yit $Bckelu ' Wilson 5 Sensice Co z:t3-

cu-oos) in th; ts.-bi't'i"t *';; ontmpry..Pitrid of Indiana alleging

violations of the ADA, ADEA *a ffi.iSo:i n nuuilituti* Act of Lg7}'the case is

stillpending;

16. On or about March v, 2OL4,I was re,ferred by Iocal 399 to a stationary

enginers vacancY with Wilson5;

r7. I interviewed with Wilson 5's site supervisor (Chief Engineer) and the site's

other stationary engineer ;

rB. Both appearedtobe satisfiedwith my job qualifications;

rg. During the interview I stated that I had wor\d for wilson 5 and the site

supervisor t*p;;d;d: "that's a conflict of interest";

zo. Since March L7, 2oL4,I have not heard from Wilson5;

zr. on or about March 25,2o|4,my attotney.,.John Panico wrote to Wilson 5,s

counsel r"q"oti"Jt#i be employed for said position;

zz.Todate I have notbeen hiredby Wilsoqi;

z3.I believe I am the most senior, qualified rstationary engineer for the position;

24.Uponintonrrationandbelief,WilsonShashiredorcontinuestoseekother

apPlicants for the Position;

z5.I believe I have been refused employme"t !J-Yi*n5 

because of my disability

and age; *a'i.rrtfr", U"fi"*; I ilo:ueb..,n retatiated u[ui""t because I have filed

"n*g&'tf 

discrimination with the EBOC'

^t^n"^ ? U-4""

JOHNP. BAKER

Subscribed and sarorn to before me this -L- day of

)ot Ll'

€€o$

PAULETTE M. GONZALEZ

NOTABY PUBLIC, STATE OF ]IIINOIS

Commission ErPires 040{{01

MYCoMMISSIONnlrpIRES . CA ^O / .OIC/ 6--

USDC IN/ND case 2:13-cv-00005-TLS-PRC document 25-3 filed 04/08/14 page 8 of 8