", u DOCKETED SEP 2 8 21 IN THE UNITED STATES DISTRICT COURT FOR THE RTHERN DISTRICT OF ILLIIS EASTERN DIVISION,,~_ EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, v. NIELSEN & BAINBRIDGE, L.L.C. Ole 758 Plaintiff, Defendant. NATURE OF THE ACTION I L:_,j C\J >:1-,~. -: ('.J CIVIL ACTION. JUD GE LEINENWEBE( Jnry Trial Demanded I MAGISTRATE JUDGE KEYS This is an action under Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. 2e et seq. ("Title VII" and Title I ofthe Civil Rights Act of 1991 to correct unlawful employment practices on the basis of race and sex and to provide appropriate relief to Maria Williams and a class of females who were adversely affected by such practices. Plaintiff, EquaJ Employment Opportunity Commission ("EEOC" alleges that Nielsen & Bainbridge, L.L.C. ("Nielsen & Bainbridge subjected Maria Williams to sexual and racial harassment because of her sex, female and race, African-American. The EEOC also alleges that Nielsen & Bainbridge subjected a class of women to sexual harassment because of their sex (female and a class of women to harassment because of their race (Afiican-American. JURISDICTION AND VENUE 1. Jurisdiction ofthis Court is invoked pursuant to 28 U.S.c. 451,1331,1337, 1343, and 1345. This action is authorized and instituted pursuant to Section 76( (1 and (3 of ( -I
Title VII, 42 U.S.C. 2e-5(t(1 and (3 and 12 of the Civil Rights Act of 1991,42 U.S.C. 1981A. 2. The employment practices hereafter alleged to be unlawful were and are now being committed within the jurisdiction ofthe United States District Court for the Northern District of Illinois, Eastern Division. PARTIES 3. Plaintiff, the Equal Employment Opportunity Commission, is an 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 76(t(1 and (3 of Title VII, 42 U.S.C. Section 2e-5(t(1 and (3. 4. At all times relevant, Defendant Nielsen & Bainbridge, LLC, a limited liability corporation, registered in the state of Illinois, has continuously been doing business in the Northern District of Illinois and has continuously had at least fifteen employees. 5. At all times relevant, Nielsen & Bainbridge, has continuously been an employer engaged in an industry affecting commerce within the meaning of Sections 71 (b, (g and (h of Title VII, 42 U.S.C. Sections 2e(b, (g and (h. STATEMENT OF CLAIMS 6. More than thirty days prior to the institution ofthis lawsuit, Maria Williams filed a charge with the Commission alleging violations of Title VII by Nielsen & Bainbridge. All conditions precedent to the institution ofthis lawsuit have been fulfilled. -2-
'. v 7. Since at least June 12,2, Defendant Nielsen & Bainbridge has engaged in unlawful employment practices at its Bridgeview, Illinois facility, in violation of Sections 71(k and 73(a of Title VII, 42 U.S.C. Sections 2e(k and 2(a. Such unlawful employment practices have included: I subjecting Maria Williams to harassment because of her sex (female and race (African-American, subjecting a class of women employees to sexual harassment, and 3 subjecting a class of African-American women to harassment because of their race. 8. The effect of the practices complained of above has been to deprive Williams, and classes of women employees adversely affected by the harassment, of equal employment opportunities and otherwise adversely affect their status as employees because of their sex (female and race (African-American. 9. The unlawful employment practices complained of in paragraphs 7 and 8 above were intentional. 1. The unlawful employment practices complained of in paragraphs 7 and 8 above were done with malice or with reckless indifference to the federally protected rights of Williams and classes of women employees because of their sex (female and race (African-American. PRAYER FOR RELIEF WHEREFORE, the Commission respectfully requests that this Court: A. Grant a permanent injunction enjoining Defendant Nielsen & Bainbridge, LLC, its officers, successors, assigns, and all persons in active concert or participation with it, from engaging in any employment practice which discriminates because ofrace and sex. B. Order Defendant to institute and carry out policies, practices and programs which eradicate the effects of its past and present unlawful practices. -3-
u u C. Order Defendant to make whole Williams and the affected classes by providing appropriate back pay with prejudgment interest, in amounts to be determined at trial, and other affirmative relief necessary to eradicate the effects of its unlawful employment practices. D. Order Defendant to make whole Williams and the affected classes, by providing compensation for past and future pecuniary losses resulting from the unlawful employment practices described in paragraphs 7 and 8 above, including medical expenses, in amounts to be determined at trial. E. Order Defendant to make whole Williams and the affected classes by providing compensation for past and future non-pecuniary losses resulting from the unlawful practices complained of in paragraphs 7 and 8 above, including emotional pain, inconvenience, and humiliation, in amounts to be determined at trial. F. Order Defendant to pay Williams and the affected classes punitive damages for its malicious and reckless conduct described in paragraphs 7 and 8 above, in amounts to be determined at trial. G. Grant such further relief as the Court deems necessary and proper in the public interest; and H. Award the Commission its costs in this action. -4-
\.J JURY TRIAL DEMAND The Commission requests ajury trial on all questions of fact raised by its complaint. Respectfully submitted, NICHOLAS M. INZEO Acting Deputy General Counsel GWENDOLYN YOUNG REAMS Associate General Counsel lljit.nu1ly------- Noelle C. Brennan Supervisory Trial Attorney ~r-.d:tk Pamela S. Moore-Gi bs Trial Attorney EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Chicago District Office 5 West Madison Street Suite 28 Chicago, Illinois 6661 (312 886-912 -5-
Civil Cover Sheet v http://www.ilnd.uscourts.gov/publ! C/F orms/auto js44.cfrr UNITED STATES DISTRICT COURT RTHERN DISTRICT OF ILLIIS SEP 2 8 21 Civil Cover Sheet U This automated JS-44 conforms generally to the manual JS-44 approved by the Judicial Conference of the United States in September 1974. The data is required for the use of the Clerk of Court for the purpose of initiating the civil docket sheet. The information contained herein neither replaces nor supplements the filing and service of pleadings or other papers as required by law. This form is authorized for use only in the Northern District oflllinois. Plaintiff(s: EQUAL EMPLOYMENT Defendant(s:NIELSEN & BAINBRIDGE, OPPORTUNITY COMMISSION L.L.c. County of Residence: County of Residence: Plaintiffs Atty: Pamela S. Moore-Gibbs Defendant's Atty: Edward C. Jepson, Jr. Vedder Price Kaufman Kammholz Equal Employment Opportunity Commission 5 W. Madison, Suite 28 Chicago, IL 6661 312-886-912 222 N. LaSalIe Street Chicago, IL 661-13 II. Basis of Jurisdiction: 1. U.S. Gov't Plaintiff III. Citizenship of Principle Parties (Diversity Cases Only Plaintiff:- NI A Defendant:-N/A IV. Origin: 1. Original Proceeding JUDGE LEINENWEBER MAGISTF?ATE JUDGE KEYS V. Nature of Suit: 442 Employment Vr.Cause of Action: Title VII of the Civil Rights Act of1964, as amended, 42 U.S.C. 2e et seq. ("Title Villi and Title I of the Civil Rights Act of 1991 to correct unlawful employment practicies on the basis of race and sex. VII. Requested in Complaint Class Action: DolIar Demand: Jury Demand: Yes '-< '.'. J -" J VIII. This case IS T a refiling of a previously dismissed case. Signature: ~da. laftmv-j~ ;_.. -. ",:' (j ::" Date: If any o~ ~~~s ~corrcct, please go back to the Civil Cover Shcctlnput form using the Back button in your browser and change It. Once correct, print this form, sign and date it and submit it with your new civil action. Note: You may need to adjust the font size in your browser display to make the form print properly. Revised: 61281 I of I Of" 2 If'I 1 11l,f\.(" ",,,,,,
.;,:>~,.;,!;;,>,," ~.~.._--.---~. -: In the Matter of o U UNITED STATES DISTRICT COURT RTHERN DISTRICT OF ILLIIS Eastern Division (.'\ Ti (C; \:.W "..,S V:' Case Number: DOCKH~C SEP 2 8 21 APPEARANCES ARE HEREBY FILED BY THE UNDERSIGNED AS ATToRNE-MM'}161U,zATE JUDGE KEYS... '. r~'t~. iqi~f..'t~.. ~a.r..'~~i:ssiom'i';'i'i"h""i'piiyq"'ihh;"'h'..."...""... "...",,... tt$."i:i.~.iii~dx.r;ie'~15.'et>'yi\1.ii.iidilh.f!m'q~ u,"',""-',;xw!s"~"::"i{,,,!,",',~'''',~!!o..,''',',,,,!,~!''!,'',!',l,!,;o;,1"",\bf,1"""""",! """""'!''''"'''''''' '''''",4'''''''d,hL,11,''''',''.,', ",,':..."."""",!" w.'''. 'j" ~ "." <"'''''''';'''","~''''8:~~'W;''k'''''kRH!i:u1Kii&i>ls:;,i;;?it",illtf;f;! ( (A SfZJ~E K. h L7b.i~ &'U~ S1G~'Tt '. J JJ. P~:nela S. Moore-a'bbs FIRM Equal Employment Opportunity Commission STREET ADDRESS NAME (B (,(\/ ~lla' J Noelle C. Brennan PIRM Equal Employment Opportunity Commission STREET ADDRESS 5 W. Madison Suite 28 5 W. Madison Suite 28 cith~tatelz1p C lcago, IL 6661 (3Ll2N8'g6~9Et2 IDENTII'!CATION NUMBER (SEE ITEM 4 ON REVERSE CITYISTATE/ZlP Chicago, IL 6661 (312n53~7582 IDENTIFICA non NUMBER (SEE ITEM 4 ON REVERSE ARDC.619771 ARDC No. 622891 MEMBER OF TRIAL DAR? YES MEMBER OF TRIAL DAR? YES TRIAL A TIORNEY? YES TRIAL ATIORNEY? YES El /'A~/ DESIGNATED AS LOCAL COUNSEL? YES D ---;, // j/ /~ / ji2j III j (D ~ rdft!// ~11/f11f/1 ;dhn C. H FIRM ricksb( L Equal E nployment OIJportunity Commission STREET ADDR lss 5 W / \1adison, Suite 28 SIGNATURE NAME FIRM STREET ADDRESS '>,.Co <oj"" /r i,,,,:.,.....,...:.j!"_...., r,," 1'.;' h.,.. ;.. :..\.3 ;::::; CITY~E/ZIP CITY/STATE/ZIP.,,~ ',;;':~;; Thicago, IL 6661,- '.... TELEPHONE NUMBER (312 353-8551 TELEPHONE NUMBER IDENT[FICA non NUMBER (SEE ITEM 4 ON REVERSE IDENTIFICATION NUMBER (SEE ITEM 4 ON REVERSE C m."; ARDC No. 1187589 MEMBER OF TRIAL BAR? YES MEMBER OF TRIAL BAR'! YES TRIAL A TIORNEY? YES TRIAL A TIORNEY? YES O DESIGNATED AS LOCAL COUNSEL? YES DESIGNATED AS LOCAL COUNSEL? YES "~'"'' _'~l "..' ' I