UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF ILLINOIS

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1 Civil Cover Sheet UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF ILLINOIS Page J 1'2 Civil CQyerShe~t This,.ted JS 44 confomls generally to the manual JSA4 approved by the Judicial Conference of the United States in September 1974, The data is required for the use of the Clerk ofcolllt for the purpose of initiating the civil docket sheel, The infonnation contained herein neither replaces nor supplements the filing and service ofp1cajings or otht:r papers as required by law. This form is authorized for use OIJy in the NOl'lhern District of Illinois, Plaintiff(s: U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION County of Residence: Plaintiff's Atty: Gordon G. Waldron Equal Employment Opportunily Commission 5 W. Madison St., Suite 28 Chicago, It 6661 ( Defcndant(s:T -MOBILE USA, INC. County of Residence: Cook Derendant's Atty: Brian McCarthy Jackson, Lewis LLP 32 W, Ohio St., Sltitc 5, Chicago, IL 661 ( '!\'I>M"",.w,WI",",J\I\II~I!"n'''n,!""", \'\i\'l\jlll';l:"mm='mm",w::,":,':wm:.:"'"'j""",<""",,,"",iiiii,:'"'''''''''''''''',:""ii!ii''' """J""",:,: :"::""m,:':",,, """'",,,\',":, :J!!!!W: ::.!A',,',w""'''\i'' \1,I'lil,!A''':MIm''''"''''\I""~I"IIII,I!\''m'"'\I'''''",,,,,",,~llrl':'!\"',,",' "\1W"!'::"llllli;;I:"'"'' H. Bas(s_of jurisdiction: /i.""il.s. Gov" Plaintiff f-/ lil CitLZ;"'lship9f.f'rincip;!\ f>arties (Diversity Cases Only Plaintiff: N/A Defendant:- NI A JUDGE GETJ.IJJ4., 4C 2 ~IUA"1 MAGISTRATE JUDGC" M '" AS ON LV. Origin: 1. Original Proceeding ~nrrploy[llent yr.causgof Actio]; Title VII of the Civil Rights Act of 1964, as anrrended, 42 U.s.C. 2e et seq. ("Title Vll", and Title I ofthc Civil Rights Act of J 991,42 U.S.C. J 98la, to correct unlawful employnrrent practices on the basis of sex and retaliation.,~; J' VII. RCllJ.!ested il.conlp laint Class Action: Dollar Demand: Jury Demand:Yes vul. This case IS NOT a refiling of a previously dismissed case, ('... ~.-:: (l -. f..."-, f- e' C {-:-: (',-:' ;.:j -, --: "1'1. '. :"-,"J!.,,:"" I, 1'...::: '- ":':~ ~,,> '. i-::j ",'4.-(. Signature: Date:,~~,;9!eaJJ r t-(.~1 '1 "~I!j~II"'''''!'''mW\1,W,WM''JI!.'',\:'''MMlM"'",,": ::,,W''!\'1III',1"""W"""«::,",",\' :' :I\,,,,!"',",\':::1::"""" ""\1' """1,,"',:'''''',,,' """ """'I~I~II'",I"""" "'!",W,W':ro:I\'!!!"1""M""""', "'WW:.'::IIi!I'I,:"""C"".,'"",m '''''',~IW''J''''''',,,,,WW

2 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF ILLINOIS ~'.. In the Matter of EASTE7JIfCH.SION., " - fted Equa 1 Emp I oyment A pportuolty Lomn1lSSlOn, APR ' v. Plaintiff, ( 6 ZOD<f. T-Mobile, Inc., 4C Defendant. Case NumtWDGE GErnFMAN ~ 'd'~j, APPEARANCES ARE HEREBY PILED BY THE UNDERSIGNED AS ATTORNEY(S par: U.S. Equal Employmcnt Opportunity Commission, Plaintiff -. If'>!.~'b. '1"'1 SI(NATURf (A (8 :.lame FlRl\1 [.j'l'r[]ct ADDnESS C1TYiST,I,Ti',rI.Il" TE,LF,~H(lNE NIJMHER Gordon G. Waldron Equal Employment Opportunity Commission 5 W. Madison St., Suite 28 Chicago, Illinois 6661 FAX Nl,lMHI-:R ( ( , MAIL ADDRnSS Gordon. W aldron@eeoc.gov NAMe ~ Gregory M. Gochanour :';'I'}{ci:.'l' ADDP..I3SS (,JTYi~TAn:r/lI' Equal Employment Opportunity COimnission 5 W. Madison St., Suite 28 Chicago, Illinois 666 J '_MA"""DRC" Gregory.Gochanour(~eeoc.gov IDCNTlf.ICATl.Ol'l NUMI'lF,1! (~F,I'. ITEM 4 ON ItI::VIJJ{SC ARl.le No_ MEMBER (IF TR IAI. I1AIU YES [!l NO o ILJI!NTIJ']C'ATION NUMBIiR(SEE ITf,M 4 ON NF.VEIISE ARDC No MEMBE~ OF TRIAL. liar'/ yns [!l NO I'f~IAL ATTORI'uY? 7 YES NO o YES YES [!l NO o NO NAMF, ( <",_.'... : "'" Eqf.al Empl~yment Opportun ity COl11l11ission STREET AnrJllFF I 5 W. Madison St., Suite 28 c"r\.yistat lr '-"'" CI'. ucago, Til" 111lS 66'6'1 TF.I.FPHOI... E NU.\1BI::~ FAX NIIMBI::~ ( R551 ( R555 E_MAIL Al.1uitESS lolm.hendnckson@eeoc.gov IIJENTIFICATIUN f.,'umoor (SEE ITEM..j O;o.JRF.VF.H~f: ARDe No_ Oil R7589 MEMBJ::II. Of TRIAL DAR? YJ:::S ~ N" lrll\l A'fiOR. 'U:Y? yes Ii?] NO DESIONATF,D AS 1.(I(:Al.l~UNS;f.L'? YI':!i" NO FIIIM STRiiET ADDRE.SS t:l'i'yi~'fati!izii" Tf.I.F.PH(lNE NllMBl::it E_MAIL iilll.1lt12ss IJ'F.NT1FIt':ATlON ~umocr (STIr: ITEM 4 ONREVF,R.'lF. MflMDER Of TRlAL DAR',' TRIAL 1\ TIORNTIY? nf.~l(inate1j A.'-; J.(t:AL C{uNS~L?.;-,\ I FAX:o.IllMHEit., -.:."!,., ViiS NO YI::s NO D n:.,:,,,! /9?/- I

3 Equal Employment Opportunity Commission, v. IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION Plaintiff, T-Mobile USA, Inc., formerly knowu as VoiceStream Wireless, Defendant. NATURE OF THE ACTION JUDGE GHTL[~MN COMPLAINT 'n '- JURY TRIAL DEMAND _.,:': I 'S IV,lIGI;:;lhATEJUDGE MASON This is an action under Title Vll of the Civil Rights Act of 1964, as amended, 42 U.S.c. 2e et seq. ("Title VTT", and Title I of the Civil Rights Act of 1991,42 U.S.C, 1981 a, to correct unlawful employment practices on the basis of sex and retaliation and to provide appropriate relief to Gerardine Baugh, a former employee oft-mobile USA, Inc., ("Defendant". Plaintiff, the U.S. Equal Employment Opportunity Commission (the "Commission", contends that Defendant discriminated against Baugh because of her sex by failing to remedy and prevent sexual harassment and by retaliating against her for asserting her Title VII rights, all in violation of Title VII, JURISDICTION AND VENUE I. Jurisdiction of this court is invoked pursuant to 28 U.S,C. 451, 1331, 1337, 1343 and This action is authorized and instituted pursuant to Section 76(f(1 and (3 and Section 77(e of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.c. 2e-."'.'.. -- <;;. \,'... ~, ;~

4 5( (1 and (3 and 2c"6(e, and Section 12 of the Civil Rights Act of 1991, 42 U.S.C. 198Ia. 2. The employment practices alleged to be unlawful were committed within the jurisdiction of the United States District Court for the Northern District oft1linois, Eastern Division. PARTIES 3. Plaintiff, the Equal Employment Opportunity Commission, is the agency of the United States of America charged with the administration, interpretation and cnforcement of Title VII, and is expressly authorized to bring this action by Section 76( (1 and (3 and Section 77(e oftitie VIT, 42 U.S.C. 2e-5( (l and (3 and 2e-6(e. 4. At all relevant times, Defendant has continuously been and is now doing business in the State of Illinois and the City of Chicago and has continuously had at least fiftcen (15 employees. At all relevant times Defendant has had over 5 employees. 5. At all relevant times, Dcfendant has continuously been an employer engaged in an industry affecting commerce within the meaning of Sections 71(h, (g and (b of Title Vll, 42 U.S.C. 2e-(b, (g and (h. STATEMENT OF CLAIMS 6. More than thirty days prior to the institution oftbis lawsuit, Baugh (formerly known as Gerardine Novak filed charges of discrimination with the Commission alleging violations of Title VII by Defendant, or its predecessor. All conditions precedent to the institution of this lawsuit have been fulfilled. 7. During 21 and 22 Defendant engaged in unlawful cmployment practices at its 2

5 ~- facility in Chicago, Tllinois in violation of Sections 73(a(l and 74(a of Title Vll, 42 U,S.C. 2e-2(a(1 and 2e-3(a. These practices include discriminating against Baugh by failing to remedy and prevent sexual harassment against her in 21 and 22, and by retaliating against Baugh for having filed charges of discrimination with the Commission by terminating her on about September 25,22, 8. The effect of the practices complained of in paragraph seven above has been to deprive Baugh of equal employment opportunities and otherwise adversely affect her status as an employee because of her scx, and because she had filed charges of discrimination with the Commission. 9. The unlawful employment practices complained of in paragraph seven above were intentional. 1, The unlawful employment practices complained of in paragraph seven above were done with malice or with reckless indifference to Baugh's rederally protected rights. PRAYER FOR RELlEF WHEREFORE, the Commission respectfully requests that this Court: A. Grant a permanent injunction enjoining Defendant, its officers, S~Lcccssors, assigns, and all persons in active concert or participation with it, from engaging in any employment practice which discriminates on the basis of sex; B. Grant a permanent injunction enjoining Defendant, its officers, successors, assigns, and all persons in active concert or participation with it, from retaliating against any employee for participating in protected activity; C. Order Defendant to institute and carry out policies, practices, and programs which 3

6 .- provide equal employment opportunities for women, and which eradicate the erfects of its past and present unlawful employment practices; D. Order Defendant to make whole Baugh by providing appropriate back pay with pre-judgment interest, in amounts to be detenllined at trial, and other affinuative relief necessary to eradicate the effects of its unlawful employment practices; E. Order Defendant to make whole Baugh by providing compensation for past and future pecuniary losses resulting from her unlawful tenuination, including, but not limited to, job search expenses; F. Order Defendant to make whole Baugh by providing compensation for past and future non "pecuniary losses, including emotional pain, suffering, inconvenience, loss of enjoyment of life and humiliation; G. Order Defendant to pay Baugh punitive damages for its malicious ancvor reckless conduct, in amounts to be determined at trial; H. Order Defendant and its successors to provide training to its officers, managers and employees regarding sexual harassment and retaliation in the workplace; 1. Grant such further relief as the Court deems necessary and proper in the public interest; and 1. Award the Commission its costs in this action. JURY TRIAL DEMAND The Commission requests a jury trial on all questions of fact raised by its Complaint. 4

7 Respectfully submitted, Eric S. Dreiband General Counsel James Lee Deputy General Counsel Gwendolyn Young Reams Associate General Counsel EQUAL EMPLOYMENT OPPORTUNITY COMMISSION I,.fter;e;;; G<.>c\--q,., \JM ( if Rlw Gregory anour Supervisory Trial Attorney 1fdr- N&.i W\ Gordon Waldron Senior Trial Attorney EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 5 West Madison Street, Suite 28 Chicago, Illinois 6661 (

IN THE UNITED STATES DISTRICT COURT. FOR THE NORTHERN DISTRICT OF ILLINOIS eu,:".' IJ~:'LD~~?~:~~URT EASTERN DIVISION ) ) ) ) ) ) ) ) ) )

U. S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION v. IN THE UNITED STATES DISTRICT COURT F I L E Ie,", Si:P 2 7 Z005 FOR THE NORTHERN DISTRICT OF ILLINOIS eu,:".' IJ~:'LD~~?~:~~URT EASTERN DIVISION Plaintiff,