Padron et al v. Wal-Mart Stores, Inc., d/b/a Walmart

Filing 1

COMPLAINT filed by Rolando Padron, Eusebio R. Calzada, Bobirt R. Miranda; Jury Demand. Filing fee $ 350, receipt number 0752-5321936. (Attachments: # 1 Exhibit A-B)(Foote, Robert)

EXHIBIT A

EEOC Form 5 (5101)

CHARGE OF DISCRIMINATION

Charge Presented To:

D

Agency(ies) Charge No(s):

FEPA

[K]

This form is affected by the Privacy Act 0f1974. See enclosed ·Privacy Act
Statement and other information before completing this form

EEOC

440-2007 -01452

Illinois Department Of Human Rights

and EEOC

State or local Agency, if any

Name (indicate Mr. Ms., Mrs.)

Home Phone (Incl. Area Code)

[phone]

Mr. Rolando Padron
Street Address

Date of Birth

08-14-1962

City, State and ZIP Code

253 Joliet Street, West Chicago, IL 60185
Named is the Employer, Labor Organization. Employment Agency, Apprenticeship Committee, or State or Local Government Agency That I Believe
Discriminated Against Me or Others. (If more than two, list under PARTICULARS below.)
Name

No Employees. Members

500 or More

Streel Address

[phone]

.N"~ Employees. Members

WALMART

Phone No. (Include Area Code)

Phone No. (Include Area Code)

City. State and ZIP Code

150 Smith Road, Saint Charles, IL 60174

Street Address

City. State and ZIP Code

DISCRIMINATION BASED ON (Check appropriate box(es).)

c==J

RACE

o

c==J

COLOR

RETALIATION

c==J

SEX

AGE

c==J DISABILITY

c==J

RELIGION

0

c==J

DATE(S) DISCRIMINATION TOOK PLACE
Latest
Earliest
NATIONAL ORIGIN

01-01-2006

11-12-2006

OTHER (Specify below.)
CONTINUING ACTION

THE PARTICULARS ARE (If additional paper is needed, attach eKtra sheet(s)):

I began my employment with Respondent in August 2001 and my last position was Receiving, Beginning
on or about January 1, 2006 and continuing, I have been subjected to different terms and conditions than my
non-Cuban co-workers such as a variable schedule, denial of make-up days, and lower wages, On various
occasions, most recently in November 2006, I complained internally regarding natronal origin discrimination.
On November 12, 2006, I was discharged,
I believe that I have been discriminated against because of my national origin, Cuban, and have been

against in violation of Title VII of the Civil Rights Act of 1964, as amended.

retaliat~d

NOV 30

I want this charge filed with both the EEOC and the State or local Agency, if any. I
will advise the agencies if I change my address or phone number and I will cooperate

fully with them in the processing of my charge in accordance with their procedures

NOTARY

When necessary for State and Local Agency Requirements

-:-:--:--_-,-_ _-:---::-__.--.---.--:--__- - - : - - - - : - - - - - - ; I swear or affirm that I have read the above charge and that it is true to
I declare under penalty of perjury that the above is true and correct.
the best of my knowledge, information and belief
SIGNATURE OF COMPLAINANT

SUBSCRIBED AND SWORN TO BEFORE ME THIS DATE
Date

EEOC Form 5 (5101)

CHARGE OF DISCKIMO:~1TlOr(

Charge Presc .. ted To:

D

FEPA

[R]

This form is affected by the Privacy Act of 1974. See enclosed Priv3CY Act
Statement and other Information before completlilg this form.

Agency(ies) Charge No(s)

EEOC

440-2007-01458

Illinois Department Of Human Rights

and EEOC

____________________________________________ ._S_ta_~~o_r_~c~a_IA~g~e_nc~y~,1_fa_n~y_____.--------------------~---------------

Name (indicate Mr, Ms., Mrs.)

Home Phone (Incl. Area Code)

[phone]

Mr. Bobirt R. Miranda
Street Address

Date of Birth

09-30-1975

City, State and ZIP Code

253 Joliet Street, West Chicago, IL 60185
Named is the Employer, Labor Organization, Employment Agency, Apprenticeship Committee, or State or Local Government Agency That I Believe
Discriminated Against Me or Others. (If more than two, list under PARTICUL,~RS below.)
Name

No Employees Membars

500 or More

WALMART
Street Address

Phone No, (Include Area Code)

[phone]

City, State and ZIP Code

150 Smith Road, Saint
Name

I?hone No. (Include Area Code)

Street Address

City. State and ZIP Code

DISCRIMINATION BASED ON (Check appropriate box(es).}
DRACE

00

D

SEX

COLOR

RETALIATION

D

AGE

DATE(S) OISCRIMINATION TOOK PLACE
Earliest
Latest
RELIGION

D

DISABILITY

D

X

NATIONAL ORIGIN

01-01-2006

11-20-2006

OTHER (Specify below)
D

CONTINUING ACTION

THE PARTICULARS ARE (If addilional paper is needed, attach extra sheet(s));

I began my employment with Respondent in July 2000 and my last position was Receiving. Beginning on or
about January 1, 2006 and continuing, I have been subjected to different terms and conditions than my non­
Cuban co-workers such as a variable schedule, denial of make-up days, and lower wages. On various
occasions, most recently in November 2006, I complained internally regarding n'ational origin discrimination.
On November 20,2006, I was discharged.
I believe that I have been discriminated against because of my national origin, Cuban, and have been

retaliated against in violation of Title VII of the Civil Rights Act of 1964, as amended.

I want this charge filed with both the EEOC and the State or local Agency, if any, I
will advise the agencies if I change my address or phone number and I will cooperate
fully with them in the processing of my charge in accordance with their procedures.

NOTARY - When necessary for State and Local Agency Requirements

--:-:--:--__---,-____.,-----:----,__-::---:-__-:-__-:--:____-:-__,--________--; I swear or affirm that I have read the above charge and that it is true to
the best of my knowledge, information and belief.
I declare under penalty of pe~ury that the above is true and correct.
SIGNATURE OF COMPLAINANT

SUBSCRIBED AND SWORN TO BEFORE ME THIS DATE
--,~---,--,-",

Date

.

I

,----­

Charging Party Signature

EEOC

Form

1

5 (5101)

-=-C-H-A-R-G-E-O~F-D-ISCRIMINATIONc_
This form ;s affected by the Pnvacy Act~r;- 974. See en~losed ~nv.acy Act

Charge Presented To:

o
o

Statement and other Information beFore completing this form

Agency(ies) Charge No(s):

FEPA

440-2001-01448

EEOC

Illinois Department Of Human Rights

and EEOC

State or local Agency. if any

Name (indicate Me Ms. Mrs.)

Home Phone (Incl. Area Code)

Date of Birth

[phone]

12-15-1964

Mr. Eusebio R. Calzada
Street Address

C,ty. State and ZIP Code

600 West Forest Avenue, Apartment 312, West Chicago, IL 60185
Named is the Employer. labor Organization. Employment Agency. Apprenticeship Committee. or State or local Government Agency That I Believe
Discriminated Against Me or Others. (If more than two. list under PARTICULARS be/ow.)
______

Name

No

Employees. Membe-:'Tphone No. (include Area Code)

500 or More~_

WALMART
Street Address

[phone]

City. State and ZIP Code

150 Smith Road, Saint Charles,
Name

Street Address

City. State and ZIP Code

DISCRIMINAnON BASED ON (Check appropriate box(es).}
DRACE

o

0

RETALIATION

COLOR

0

0

SEX

AGE

0

o

RELIGiON

DISABILITY

0

[RJ

OATE(S) DISCRIMINATION TOOK PLACE
Earliest
latest
NAnONAL ORiGIN

OTHER (Specify below.)

01-01-2006

o

11-08-2006

CONTINUING ACTION

fHE PARTICULARS ARE (If additional paper IS needed. attach extra sheet(s))'

I began my employment with Respondent in July 1998 and my last position was Receiving. Beginning on or
about January 1, 2006 and continuing, I have been subjected to different terms and conditions than my non­
Cuban co-workers such as a variable schedule, denial of make-up days, and lowE:lr wages. On various
occasions, most recently in November 2006, I complained internally regarding national origin discrimination.
On November 08, 2006, I was discharged.
I believe that I have been discriminated against because of my national origin. Cuban. and have been

retaliated against in violation of Title VII of the Civil Rights Act of 1964, as amended.

lant this charge filed with both the EEOC and the State or local Agency. if any. I
I advise the agencies if I change my address or phone number and I will cooperate
Iy with them in the processing of my charge in accordance with their procedures.

NOTARY - When necessal}' for State and Local Agency Requirements

I swear or affirm that I have read the above charge and that it is true to
the best of my knowledge. information and belief.
SIGNATURE OF COMPLAINANT

SUBSCRIBED AND SWORN TO BEFORE ME THIS DATE
Date

Charging Party Signature

EXHIBIT B

EEOC Form 161·A (11109)

u.s. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
NOTICE OF RIGHT TO SUE

(CONCILIA nON FAILURE)
To:

Rolando Padron
253 Joliet Street
West Chicago, IL 60185

From:

Chicago District Office
500 West Madison St
Suite 2000
Chicago, IL 60661

CERTIFIED MAIL 7099 3400 0018 8816 4082

D

On behalf of person(s) aggrieved whose identity is
CONFIDENTIAL (29 CFR §1601.7(a))

EEOC Charge No.

EEOC Representative

Telephone No.

440-2007 -01452

Michael J. Honkanen,
Investigator

[phone]

TO THE PERSON AGGRIEVED:
This notice concludes the EEOC's processing of the above-numbered charge. The EEOC found reasonable cause to believe
that violations of the statute(s) occurred with respect to some or all of the matters alleged in the charge but could not obtain a
settlement with the Respondent that would provide relief for you. In addition, the EEOC has decided that it will not bring suit
against the Respondent at this time based on this charge and will close its file in this case. This does not mean that the EEOC
is certifying that the Respondent is in compliance with the law, or that the EEOC will not sue the Respondent later or intervene
.
later in your lawsuit if you decide to sue on your own behalf.

- NOTICE OF SUIT RIGHTS ­
(See the additional information attached to this form.)

Title VII, 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 right to 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 WITHIN 90 DAYS of your receipt of this notice; or your rjght to sue based on this charge will be
lost. (The time limit for filing suit based on a claim under state 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 years (3 years)
before you file suit may not be collectible.
If you file suit, based on this charge, please send a copy of your court complaint to this office.
On behalf of the Commission

f·
EnciosLires(s)

cc:

WALMART

John P. Rowe,
District Director

(Date Mailed)

EEOC Form 161-A{11f09)

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
NOTICE OF RIGHT TO SUE

(CaNCILlA TfON FAILURE)
To:

Bobirt R. Miranda
660 Bell Rd, Apt 307
Antioch, TN 37013

From:

Chicago District Office
500 West Madison St
Suite 2000
Chicago, IL 60661

CERTIFIED MAIL 7099 3400 0018 8816 4075

o

On behalf of person(s) aggrieved whose identity is
CONFIDENTIAL (29 CFR §1601.7(a))

EEOC Charge No.

EEOC Representative

Telephone No.

440·2007 ·01458

Michael J. Honkanen,
Investigator

(312) 353·7312

TO THE PERSON AGGRIEVED:
This notice concludes the EEOC's processing of the above-numbered charge. The EEOC found reasonable cause to believe
that violations of the statute(s) occurred with respect to some or all of the matters alleged in the charge but could not obtain a
settlement with the Respondent that would provide relief for you. In addition, the EEOC has decided that it will not bring suit
against the Respondent at this time based on this charge and will close its file in this case. This does not mean that the EEOC
is certifying that the Respondent is in compliance with the law, or that the EEOC will not sue the Respondent later or intervene
later in your lawsuit if you decide to sue on your own behalf.

- NOTICE OF SUIT RIGHTS ­
(See the additional information attached to 'this form.)

Title VII, 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 right.to 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 WITHIN 90 DAYS of your receipt of this notice; or your right to sue based on this charge will be
lost. (The time limit for filing suit based on a claim under state 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 years (3 years)
before you file suit may not be collectible.
If you file suit, based on this charge, please send a copy of your court complaint to this office.
On behalf of the Commission

Enclosures(s)

cc:

WALMART

John P. Rowe,
District Director

(Date Mailed)

EEOC Form 161·A (11/09)

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

NOTICE OF RIGHT TO SUE
(CONCILIA TlON FAILURE)
To:

From:

Eusebio R. Calzada
600 West Forest Avenue, Apt. 312
West Chicago, IL 60185

Chicago District Office
500 West Madison St
Suite 2000
Chicago, IL 60661

CERTIFIED MAIL 7099 3400 0018 8816 4099

o

On behalf of person(s) aggrieved whose identity is
CONFIDENTIAL (29 CFR §1601.7(a))

EEOC Charge No.

EEOC Representative

Telephone No.

440-2007-01448

Michael J. Honkanen,
Investigator

(312) 353·7312

TO THE PERSON AGGRIEVED:
This notice concludes the EEOC's processing of the above-numbered charge. The EEOC found reasonable cause to believe
that violations of the statute(s) occurred with respect to some or all of the matters alleged in the charge but could not obtain a
settlement with the Respondent that would provide relief for you. In addition, the EEOC has decided that it will not bring suit
against the Respondent at this time based on this charge and will close its file in this case. This does not mean that the EEOC
is certifying that the Respondent is in compliance with the law, or that the EEOC will not sue the Respondent later or intervene
later in your lawsuit if you decide to sue on your own behalf.
w

NOTICE OF SUIT RIGHTS ­

(See the additional information attached to this form.)

Title VII, 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 right to 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 WITHIN 90 DAYS of your receipt of this notice; or your right to sue based on this charge will be
lost. (The time limit for filing suit based on a claim under state 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 years (3 years)
before you file suit may not be collectible.
If you file suit, based on this charge, please send a copy of your court complaint to this office.
On behalf of the Commission

Enclosures( s)

cc:

WALMART

(Date Mailed)

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

Chicago District Office

500 West Madison Street, Suite 2000
Chicago, IL 60661
(3 I 2) 353-2713

TTY (3 12) 353-2421
FAX [phone]

EEOC Charge Number: 440-2007-01452
Rolando Padron
253 Joliet Street
West Chicago, IL 60185

Charging Party

v.

Wal-Mart

Respondent

150 Smith Road

Saint Charies, IL 60174
DETERMINATION

Under the authority vested in me by the Commission:s Procedural Regulations, I issue the
following determination on the merits of the subject charge filed under Title VII of the Civil
Rights Act of 1964, as amended (Title VII).
The Respondent is an employer within the meanmg of Title VII and all requirements for
coverage have been met.
Charging Party alleged that the Respondent discriminated against him, because of his national
origin, Cuban, in that he was subjected to different terms and condition of employment than non­
Cuban coworkers, such as a variable schedule, denial of make-up days, and lower wages, in
violation of Title VII. Charging Party also alleged that he complained internally regarding
national origin discrimination and was subsequently discharged, in violation of Title VII.
I have detenuined that the evidence obtained in the investigation establishes reasonable cause to
believe that the Respondent discriminated against Charging Party and a class of employees
because of their national origin, Cuban, by paying them a ksser vv'age, in violation of Title VII.

This determination is final. When the Commission finds that violations have occurred, it
attempts to eliminate unlawful practices by infonual methods of conciliation. Therefore, I invite
the parties to join with the Commission in reaching a just resolution of this matter. Disclosure of
information obtained during the conciliation process will be made only in accordance with the
Commission's Procedural Regulations (29 CFR Part 1601.26).
If the Respondent wishes to accept this invitation to participate in conciliation efforts, it may do
so at this time by proposing tenus for a conciliation agreement; that proposal should be provided
to the Commission representative within 14 days of the date of determination. The remedies for
violations of the statutes we enforce are designed to make the identified victims whole and to
provide corrective and preventive relief. These remedies may include, as appropriate, an
agreement by the Respondent not to engage in unlawful employment practices, placement of

EEOC Charge No. 440-2007-01452
Page 20f2
identified victims in positions they would have held but for discriminatory actions, back pay,
restoration of lost benefits, injunctive relief, compensatory and/or punitive damages, and notice
to employees of the violation and the resolution of the claim.
Should the Respondent have further questions regarding the conciliation process or the
conciliation terms it would like to propose, we encourage it to contact the assigned Commission
representative. Should there be no response from the Respondent within 14 days, we may
conclude that further conciliation efforts would be futile or nonproductive.

On Behalf of the Commission,

&~e t eOd-u-R. ~

District Director

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

Chicago District Office

500 West Madison Street, Suite 2000
Chicago. IL 60661
[phone]
TTY [phone]
FAX [phone]

EEOC Charge Number: 440-2007-01458
Bobirt Miranda
253 Joliet Street
West Chicago, IL 60185

Charging Party

v.
Wal-Mart
150 Smith Road
Saint Charles, IL 60174

Respondent

DETERMINATION
Under the authority vested in me by the Commission's Procedural Regulations, I issue th~
following determination on the merits of the subject charge filed under Title VII of the Civil
Rights Act of 1964, as amended (Title VII).
The Respondent is an employer within the meamng of Title VII and all requirements for
coverage have been met.
Charging Party alleged that the Respondent discriminated against him, because of his national
origin, Cuban, in that he was subjected to different terms and condition of employment than non­
Cuban coworkers, such as a variable schedule, denial of make-up days, and lower wages, in
violation of Title VII. Charging Party also alleged that he complained internally regarding
national origin discrimination and was subsequently discharged, in violation of Title VII.
I have determined that the evidence obtained in the investigation establishes reasonable cause to
believe that the Respondent discriminated against Charging Party and a class of employees
because of their national origin, C'lban, by pc_ying them a lesser wage, in violation of Title VII.
This determination is finaL When the Commission finds that violations have occurred, it
attempts to eliminate unlawful practices by informal methods of conciliation. Therefore, I invite
the parties to join with the Commission in reaching a just resolution of this matter. Disclosure of
information obtained during the conciliation process will be made only in accordance with the
Commission's Procedural Regulations (29 CFR Part 1601.26).
~,\

If the Respondent wishes to accept this invitation to participate in conciliation efforts, it may do
so at this time by proposing terms for a conciliation agreement; that proposal should be provided
to the Commission representative within 14 days of the date of determination. The remedies for
violations of the statutes we enforce are designed to make the identified victims whole and to
provide corrective and preventive relief. These remedies may include, as appropriate, an
agreement by the Respondent not to engage in unlawful employment practices, placement of

EEOC Charge No. 440-2007-01458
Page 20f2
identified victims in positions they would have held but for discriminatory actions, back pay,
restoration of lost benefits, injunctive relief, compensatory and/or punitive damages, and notice
to employees of the violation and the resolution of the claim.
Should the Respondent have further questions regarding the conciliation process or the
conciliation terms it would like to propose, we encourage it to contact the assigned Commission
representative. Should there be no response from the Respondent within 14 days, we may
conclude that further conciliation efforts would be futile or nonproductive.

On Behalf of the Commission,

ql:r::w(;CocA
~tnct
Dlrector

L

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

Chicago District Office

500 West Madison Street. Suite 2000
Chicago. IL 60661
[phone]
TrY [phone]
FAX [phone]

EEOC Charge Number: 440-2007-01448
Eusebio Calzada
600 Forest Ave #3 12
West Chicago, IL 60185

Charging Party

v.

Wal-Mart
150 Smith Road
Saint Charles, IL 60174

Respondent

DETERMINATION
Under the authority vested in me by the Commission's Procedural Regulations, I issue the
following determination on the merits of the subject charge filed under Title VII of the Civil
Rights Act of 1964, as amended (Title VII).
The Respondent is an employer within the meanmg of Title VII and all requirements for
coverage have been met.
Charging Party alleged that the Respondent discriminated against him, because of his national
origin, Cuban, in that he was subjected to different terms and condition of employment than non­
Cuban coworkers, such as a variable schedule, denial of make-up days, and lower wages, in
violation of Title VII. Charging Party also alleged that he complained internally regarding
national origin discrimination and was subsequently discharged, in violation of Title VII.
I have determined that the evidence obtained in the investigation establishes reasonable cause to
believe that the Respondent discriminated against Charging Party and a class of employees
because of their m~tional orig:n, Cuban, by paying them a lesser 'vage, in violation of Title VII.

>

This determination is final. When the Commission finds that violations have occurred, it
attempts to eliminate unlawful practices by informal methods of conciliation. Therefore, I invite
the parties to join with the Commission in reaching a just resolution of this matter. Disclosure of
information obtained during the conciliation process will be made only in accordance with the
Commission's Procedural Regulations (29 CFR Part 1601.26).
If the Respondent wishes to accept this invitation to participate in conciliation efforts, it may do
so at this time by proposing terms for a conciliation agreement; that proposal should be provided
to the Commission representative within 14 days of the date of determination. The remedies for
violations of the statutes we enforce are designed to make the identified victims whole and to
provide corrective and preventive relief. These remedies may include, as appropriate, an
agreement by the Respondent not to engage in unlawful employment practices, placement of

EEOC Charge No. 440-2007-01448
Page 2 of2
identified victims in positions they would have held but for discriminatory actions, back pay,
restoration of lost benefits, injunctive relief, compensatory and/or punitive damages, and notice
to employees of the violation and the resolution of the claim.
Should the Respondent have further questions regarding the conciliation process or the
conciliation terms it would like to propose, we encourage it to contact the assigned Commission
representative. Should there be no response from the Respondent within 14 days, we may
conclude that further conciliation efforts would be futile or nonproductive.

On Behalf of the Commission,

Dat~

District Director