United States District Court, S.D. Illinois, Benton Division
November 3, 2005.
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Plaintiff,
CROWNLINE BOATS, INC., Defendant.
The opinion of the court was delivered by: J. GILBERT, District Judge
The United States Equal Employment Opportunity Commission (the
"Commission") commenced this action against Crownlime Boats, Inc.
("Crownlime"), pursuant to Title VII of the Civil Rights Act of
1964 and Title 1 of the Civil Rights Act of 1991 in order to
correct Crownline's alleged unlawful employment practices on the
basis of sex and pregnancy and to provide appropriate relief to
Ms. Lesley Kearney and a class of similarly situated pregnant
female employees. This action was instituted and authorized by
Section 706(f)(1) and (3) of Title VII of the Civil Rights Act of
1964, as amended, 42 U.S.C. § 2000e-5(f)(1) and (3) ("Title VII")
and Section 102 of the Civil Rights Act of 1991,
42 U.S.C. § 1981a.
The Commission and Crownline stipulate to the Court's
jurisdiction over the parties. Further, the Commission and
Crownline desire to resolve Civil Action No. 04-CV-34244-JPG
without the burden and expense of further litigation. As a
result, and based on the pleadings and the record as a whole, the
Court finds that: [i] the Court has jurisdiction over the parties
and the subject matter of this action; and [ii] the purpose and
provisions of Title VII of the Civil Rights Act of 1964 and Title 1 of the Civil Rights Act
of 1991 will be promoted and effectuated by the entry of this
IT IS THEREFORE ADJUDGED, ORDERED AND DECREED as follows:
1. Crownline expressly denies any wrongdoing whatsoever on the
basis of any of the allegations set forth in the underlying
charge of discrimination filed with the Commission or on the
basis of any of the allegations set forth in the Commission's
Complaint. This Consent Decree, being entered with the consent of
the Commission, Ms. Lesley Keamey, Ms. Mindy VanFossen and
Crownline, shall not constitute an adjudication or fmding on the
merits of this case against Crownline.
2. Crownline agrees that it and all of its officers, directors,
employees, agents, shareholders, members, representatives and any
afliliated entity will not discriminate against nor harass any
Crownlime employee on the basis of their sex or pregnancy status.
3. Crownline agrees that there will be no discrimination or
retaliation of any kid against any person because of opposition
to any practice made unlawful under Title VII of the Civil Rights
Act of 1964 and Title 1 of the Civil Rights Act of 1991, or
because of the filing of a charge, the giving of testimony,
assistance, or participation in any manner in an investigation,
proceeding or hearing under Title VII of the Civil Rights Act of
1964 and Title 1 of the Civil Rights Act of 1991.
4. Crownline shall pay the total sum of Thirty Five Thousand
Dollars ($35,000.00) to Lesley Keamey and Mindy VanFossen
apportioned and allocated in the following amounts:
(a) Lesley Keamey: Crownline shall pay to Lesley
Kearney the sum of $22,500.00, of which the sum of
$7,480.00 shall be allocated to reimbursement for
lost wages for the period of February 17,2003 through
June 14,2003, and from which Crownline shall make all
applicable payroll deductions and withholdings. The
remainder ($15,020.00) shki be allocated to claims
for non-wage related damages, for which Crownline
shall issue an IRS Form 1099. Leslie Keamey shall remain responsible for payment of all
applicable federal and state taxes with respect to
the payment made herein. Within ten (10) days of the
entry of this Consent Decress, Cmwnline shall effect
payment by issuing check(s) by certified mail in the
amounts specified made payable to Leslie Keamey and
addressed to Leslie Keamey at the following address:
9781 Bessie Road, Benton, Illinois 62812.
(b) Mindy VanFossen: Crownline shall pay to Mindy
VanFossen the sum of $12,500.00, of which the sum of
$3,475.50 shall be allocated to reimbursement for
lost wages for the period of May 1, 2003 through June
28,2003, and from which Cmwnline shall make all
applicable payroll deductions and withholdings. The
remainder ($9,024.50) shall be allocated to claims
for non-wage related damages, for which Crownlime
shall issue an IRS Form 1099. Mindy VanFossen shall
remain responsible for payment of all applicable
federal and state taxes with respect to the payment
made herein. Within ten (10) days of the entry of
this Consent Decress, Crownline shall effect payment
by issuing check(s) by certified mail in the amounts
specified made payable to Mindy VanFossen and
addressed to Mindy VanFossen at the following
address: 807 E. Main Street, Christopher, Illinois
5. Crownliine shall mail a copy of the checks and proof of its
delivery (by certified mail receipt) to Laurie A. Young (or her
successor), Regional Attorney, Equal Employment Opportunity
Commission, Indianapolis District Office, 101 West Ohio St.,
Suite 1900, Indianapolis, Indiana 46204-4203, within thirty (30)
days of mailing.
6. The term of this Decree shall be for twenty four months (24)
months from the date of the execution of this Consent Decree.
7. Crownline agrees to submit periodic reports to the
Commission detailing its compliance with this Decree. Crownline
agrees to submit four (4) semi-annual reports during the term of
this Decree. The fust report shall be due seven (7) months after
the execution of this decree, and the subsequent reports shall be
mailed to the Commission no later than the final day of the month
of each sixth month after the preceding report and continuing
throughout the term of years covered by the Decree.
a. Each semi-annual report shall include the following
information for the six (6) month period preceding the report: [i] the name, home
address, and home telephone number of any Crownline employee
filing an internal or external complaint or grievance alleging
pregnancy discrimination; and [ii] the nature of the complaint
and the corrective action taken.
b. All reports shall be directed to Laurie A. Young (or her
successor), Regional Attorney, at the address specified in
8. Within ninety (90) days of the date of execution of this
Decree, Crownline shall provide a training program to all of its
supervisors and managers regarding the provisions of Title VII of
the Civil Rights Act as it pertains to sex and pregnancy
discrimination in the work place. This training program shall
include an explanation of the prohibition against retaliation for
those employees reporting sex or pregnancy discrimination. Thirty
(30) days before the training, Crownline shall provide: [i]
notice to the Commission of the date, time, and place of the
training; [ii] shd send to the Commission a copy of the training
program and all written materials, if any, to be used; and [iii]
shall provide the Commission with a roster of all employees who
will receive the training. The Commission may provide reasonable
input on the content of the training but shall do so no later
than ten (10) days prior to the training.
Upon completion of the training, Crownline shall certify to the
Commission the specific training that was undertaken and shall
provide the Commission with a roster of all employees who
received the training. All reports shall be sent to the attention
of Laurie A. Young, Regional Attorney, at the address specified
in paragraph 5.
9. Crownline agrees that the EEOC may review compliance with
this Decree. As part of such review and after making reasonable
arrangements, the EEOC may: inspect Crownline's premises;
interview its employees with management employee interviews conducted in the presence of an authorized company representative
or Crownline's counsel; and examine and copy pertinent documents.
10. In the event that the EEOC determines that a violation of
this Decree has occurred, it will, prior to exercising any remedy
provided by law, provide written notice to Crownline and its
attorney specifically identifying the alleged violation(s).
Crownline will have thirty (30) days or any additional period
which may be agreed to by the parties in which to investigate and
respond to the allegation. Thereafter, the parties will have a
period of thirty (30) days, or any such additional period as may
be agreed upon by them, in which to negotiate and confer
regarding such allegation before the Commission exercises any
remedy provided by law.
11. Crownline shall post the Notice attached hereto as Appendix
A. The Notice shall be placed within a conspicuous area where it
shall be visible to all employees for the duration of the term of
the Consent Decree.
12. The Commission and Crownline shall each bear its own costs
and attorney fees.
13. The EEOC, Ms. Lesley Kearney and Ms. Mindy VanFossen shall
llly and forever release and discharge Crownline, its successors
and assigns, including present and former directors, officers,
employees, and agents from any alleged claim or obligation based
on the allegations of pregnancy discrimination in violation of
Title VII of the Civil Rights Act 1964, which was or could have
been raised in Civil Action No. 04-CV-4244-JPG, provided that
Crownline complies with all provisions of this Decree during the
pendency of this Decree. Ms. Lesley Kearney and Ms. Mindy
VanFossen, having been given an opportunity to consult with their
own legal counsel, further agree to be bound by the terms and
conditions of the settlement agreements separately executed by
each of them. 14. RETENTION OF JURISDICTION BY COURT: The Court will retain
jurisdiction of this cause throughout the duration of this Decree
for purposes of monitoring compliance with this Decree and entry
of such further orders as may be necessary or appropriate.
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