Equal Employment Opportunity Commission v. Menard, Inc.
Filing
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CONSENT DECREE. Signed by District Judge Terrence G. Berg. (AChu)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
EQUAL EMPLOYMENT OPPORTUNITY
COMMISSION,
Plaintiff,
Case No. 2:20-cv-11240
v
Hon. Terrence G. Berg
MENARD, INC.
Defendant.
KENNETH BIRD
OMAR WEAVER (P58861)
MILES L. UHLAR (P65008)
Equal Employment Opportunity Commission
Detroit Field Office
Patrick V. McNamara
477 Michigan Avenue, Room 865
Detroit, MI 48226
(313) 226-4620
miles.uhlar@eeoc.gov
Attorneys for Plaintiff
GARY K. ROEHM (P76291)
Menard, Inc.
5101 Menard Drive
Eau Claire, WI 54703
(715) 876-2445
groehm@menard-inc.com
Attorney for Defendant
CONSENT DECREE
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The United States Equal Employment Opportunity
Commission (“the Commission”) filed this action against Menard,
Inc., (hereinafter “Defendant”) to enforce Title VII of the 1964 Civil
Rights Act (“Title VII”). The Commission alleged that Defendant
violated Title VII by subjecting Renee Knowles and Stacy Robinson
to a sexually hostile work environment at Defendant’s Wixom,
Michigan location.
It is the intent of the parties that this Consent Decree shall be
a final and binding settlement in full disposition of the Complaint. It
is therefore the finding of this Court, made on pleadings and the
record as a whole, that: 1) the Court has jurisdiction over the
parties and the subject matter of this action; 2) the purpose and
provisions of Title VII will be promoted and effectuated by the entry
of this Consent Decree; and 3) this Consent Decree fully and finally
resolves all matters in controversy arising out of this Complaint.
Therefore, it is hereby ORDERED, ADJUDGED, AND
DECREED:
NON-DISCRIMINATION
1.
Defendant and its officers, agents, employees, successors,
assigns and all persons in active concert or participation with them
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are enjoined for the duration of this decree from a) subjecting
employees to a hostile work environment based on sex, b) failing to
investigate internal complaints of sexual harassment, c) failing to
take corrective remedial action to address sexual harassment, and
d) retaliating against any employee because s/he (i) opposes
discriminatory practices made unlawful by Title VII, (ii) files a
charge of sexual harassment, or (iii) assists or participates in an
investigation or proceeding brought under Title VII.
MONETARY RELIEF
2.
Within fourteen days of the entry of this decree, Defendant
shall pay a total of $25,000.00 in monetary relief, to be distributed
as follows:
a.
Defendant shall pay $22,500.00 in
compensatory/punitive damages to Renee Knowles.
b. Defendant shall pay $2,500.00 in compensatory/punitive
damages to Stacy Robinson.
3.
Defendant shall not deduct any amounts from the payments of
compensatory/punitive damages, but shall issue IRS 1099-MISC
forms in the ordinary course of business.
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4.
Defendant shall send payment directly to Renee Knowles and
Stacey Robinson at the addresses provided by the Commission
under separate cover. Within seven (7) days after each payment is
made, Defendant shall e-mail a copy of each check to monitoringeeoc-indo@eeoc.gov and miles.uhlar@eeoc.gov.
TRAINING
5.
Within sixty (60) days from the entry of this Decree and
thereafter on an annual basis for the duration of this Decree,
Defendant shall train Miguel Duran, Steven McDonald, Kimberly
Miller, Troy Barry, John Moores, and all managers at its Wixom,
Michigan location on sex discrimination and sexual harassment.
Each training session shall last at least one (1) hour and contain an
opportunity for employees to ask the trainer questions. Each session
shall be conducted live, either in person or via any form of live
videoconferencing. Pre-recorded video shall not be acceptable. At
least fifteen (15) days before the training, Defendant shall provide an
outline and written materials to the Commission for its review at the
address below. The Commission may provide input into the training
no later than three (3) business days before the training. New
employees shall be trained within seven (7) days from when they first
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start working for Defendant. Employees shall register when they
attend live trainings. For the duration of this Decree and on an annual
basis, Defendant shall retain a registry of all employees who have
completed the live trainings and forward a copy of the names of these
individuals to Kenneth Bird, Regional Attorney, care of Miles Uhlar,
Trial Attorney, EEOC, 477 Michigan Ave., Room 865, Detroit, MI 48226.
Copies of the names of these individuals shall also be e-mailed to
monitoring-eeoc-indo@eeoc.gov and miles.uhlar@eeoc.gov.
REVISED CORRECTIVE POLICY
7.
The Commission is in receipt of Defendant’s revised Non-
Discrimination, Non-Harassment, Sexual Harassment and AntiRetaliation Policy dated December 1, 2018. If Defendant decides to
make any revisions to this policy during the term of this decree, at
least fourteen (14) days before doing so it must send a copy of the
proposed changes to Kenneth Bird, Regional Attorney, care of Miles
Uhlar, Trial Attorney, EEOC, 477 Michigan Ave., Room 865, Detroit,
MI 48226, and via e-mail to monitoring-eeoc-indo@eeoc.gov and
miles.uhlar@eeoc.gov. The Commission shall then have the opportunity
to submit suggested changes.
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DISSEMINATION OF HARASSMENT POLICIES AND
PROCEDURES
8.
The revised policy dated December 1, 2018 referenced in
paragraph 7 above shall be distributed to each current employee of the
Wixom, Michigan location within sixty (60) days of the date this Decree
has been entered by the Court and to each new employee when hired.
NOTICE POSTING
9.
Within sixty (60) days of the entry of this Decree, Defendant shall
post the Notice attached as Attachment A in a prominent, conspicuous
and accessible place in the Wixom, Michigan location where employee
notices are posted. The Notice shall be posted throughout the term of
this Consent Decree. Written confirmation that the Notice has been
posted shall be mailed to Kenneth L. Bird, c/o Miles L. Uhlar, Trial
Attorney, EEOC, 477 Michigan Avenue, Room 865, Detroit, Michigan
48226 and shall also be sent via email to monitoring-eeocindo@eeoc.gov. Should the notice become defaced, marred, or otherwise
made unreadable, Defendant will post a readable copy of the Notice as
soon as practicable.
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PRIVATE SPACE FOR HUMAN RESOURCES AND/OR EMPLOYEE
COMPLAINTS
10.
Defendant shall create a private space at its Wixom, Michigan
location where all employees may speak to their manager in private
regarding a potential harassment issue. If any employee indicates to a
manager he or she would like to speak to the manager in private, the
manager shall promptly offer to go to this space as soon as is practical
to speak with the employee.
REPORTING BY DEFENDANT AND ACCESS BY EEOC
11.
Defendant shall submit two reports to the Commission
(“Compliance Reports”), which detail Defendant’s compliance with this
Consent Decree. The first report shall be due twelve months after the
entry of this Decree. The final report shall be due ninety (90) days
before the expiration of the Decree.
12.
The first compliance report shall contain the following information
for the twelve months preceding the deadline for that report: (a) the
name, home address, home telephone number, e-mail address and cell
phone number of any employee at Defendant’s Wixom, Michigan
location who made allegations, orally or in writing, about sex
discrimination, sexual harassment and/or retaliation in the preceding
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twelve months; (b) the nature of the complaint; (c) a description of
Defendant’s investigation in response to the complaint; (d) the
conclusions of the investigation; (e) the corrective action taken, if any;
and (f) the names, titles, phone numbers and e-mail addresses of any
and all Defendant employees who investigated the complaint(s). The
second compliance report shall contain all of the above information for
the 15 months preceding the deadline for that report. If no such
complaints were made, Defendant shall submit the required report and
indicate it did not receive any complaints during the time period.
13.
The Commission shall have the right during regular business
hours, hereby defined as Monday through Friday, 8:00 a.m. to 5:00 p.m.,
to enter and inspect Defendant’s Wixom, Michigan location to ensure
compliance with this decree.
DURATION
14.
Absent extension, this Decree shall expire by its own terms thirty
months (30) from the date it has been entered by the Court without
further action of the parties.
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DISPUTE RESOLUTION AND COMPLIANCE
15.
This Court shall retain jurisdiction over this action for the
duration of this Decree and shall have all equitable powers, including
injunctive relief, to enforce this Decree. Upon motion of the
Commission, the Court may schedule a hearing for the purpose of
reviewing compliance with this Decree. The parties shall engage in a
good faith effort to resolve any dispute as to compliance prior to seeking
review by the Court, and the EEOC shall be required to give the
Defendant ten (10) days’ notice before moving for such review. The
EEOC may conduct written discovery under the Federal Rules of Civil
Procedure for purposes of determining compliance with this Decree.
Should the Court determine that Defendant has not complied, the Court
may order appropriate relief, including extension of the Decree for the
time necessary to remedy non-compliance, and attorney’s fees and costs.
16.
If Defendant fails to comply with any provision of this Decree, it
shall have ten (10) days to cure its non-compliance. If the Court
determines Defendant did not comply, a penalty shall accrue up to a
maximum amount of $500 per day, from the date it was determined
that Defendant failed to comply with the Decree through the date
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Defendant is in compliance with the Decree again. The Court shall
determine the amount of any penalty.
17.
In the event Defendant does not comply with any provision of this
Decree, and the Commission must petition the Court to order
Defendant to comply, the Commission is entitled to an order requiring
the payment of the daily penalty provided for in the above paragraph.
In addition, Defendant shall pay all attorney’s fees and costs incurred
by the Commission to enforce the Decree.
MISCELLANEOUS
18.
Except as provided in paragraphs 15 through 17, each party will
bear its own costs and fees.
19.
If any provision of this Decree is found to be unenforceable or
unlawful, only the specific provision in question shall be affected and
the other provisions shall remain in full force and effect.
20.
This Decree constitutes the entire agreement and commitments of
the parties. Only the Court may modify this Decree.
21.
The terms of this Consent Decree are and shall be binding upon
the present and future owners, officers, directors, employees, creditors,
agents, trustees, administrators, successors, representatives, and
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assigns of Defendant. The Defendant will provide prior written notice to
any potential purchaser of Defendant’s business, or a purchaser of all or
a portion of Defendant’s assets, and to any other potential successor, of
the Commission’s lawsuit, the allegations raised in the Commission’s
Complaint, and the existence and contents of this Consent Decree. Prior
to selling any or all of its business or assets, the Defendant shall
provide the buyer with a copy of this Consent Decree and shall notify
the EEOC of the impending sale as far in advance of the sale as
possible.
22.
It is acknowledged that monetary relief agreed to in settlement of
damages, set forth herein, constitutes a debt owed to and collectible by
the United States. Should Defendant file for relief under the U.S.
Bankruptcy code, this debt shall be deemed a judgment for an
intentional tort against the United States.
IT IS SO ORDERED:
/s/Terrence G. Berg_______________
Hon. Terrence G. Berg
United States District Judge
Date: March 31, 2021
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Approved as to form:
EQUAL EMPLOYMENT
OPPORTUNITY COMMISSION
/s/_Miles Uhlar_____________________________
MILES L. UHLAR (P65008)
DETROIT FIELD OFFICE
Patrick V. McNamara Federal Building
477 Michigan Ave, Room 865
Detroit, Michigan 48226
(313) 226-4620
miles.uhlar@eeoc.gov
Date: 3/29/21
MENARD, INC.
/s/_Gary Roehm_____________________
GARY K. ROEHM (P76291)
Menard, Inc.
5101 Menard Drive
Eau Claire, WI 54703
(715) 876-2445
groehm@menard-inc.com
Attorney for Defendant
Date: 3/29/31
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EXHIBIT A - NOTICE
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Indianapolis District Office
101 West Ohio Street, Suite 1900
Indianapolis, IN 46204-4203
(800) 669-4000; TTY (800) 669-6820
FAX (317) 226-7953 & 5571
THIS NOTICE IS POSTED PURSUANT TO A CONSENT DECREE
ENTERED INTO BETWEEN THE EEOC AND MENARD, INC.
REGARDING SEXUAL HARASSMENT IN THE WORKPLACE
Harassment is a form of employment discrimination that violates Title VII of the Civil
Rights Act of 1964. It is unlawful to harass a person (an applicant or employee) because
of that person’s sex. Harassment can include sexual harassment or unwelcome sexual
advances, requests for sexual favors, and other verbal or physical harassment of a sexual
nature. The harasser can be anyone, including the business owner, the victim’s manager,
supervisor, a manager or supervisor from another location, a co-worker, or someone who
is not an employee of the employer, such as a client or customer.
Menard, Inc. will not tolerate any form of sexual harassment or sex discrimination. An
employee has the right to complain of discrimination or harassment in the workplace. An
employee may contact the Equal Employment Opportunity Commission (EEOC) for the
purpose of filing a charge of employment discrimination or reporting sexual harassment.
In compliance with federal law, no owner, manager, official or supervisor at Menard, Inc.
will retaliate against an employee who makes an internal complaint of discrimination,
verifies a complaint of discrimination, participates in the investigation of a discrimination
complaint or contacts the EEOC or its state counterpart.
SIGNED this __________ day of __________, 2020.
______________________________
, General Manager
Questions concerning this notice may be addressed to:
Equal Employment Opportunity Commission
101 W. Ohio St., Suite 1900
Indianapolis, Indiana 46204-4203
Telephone: (800) 669-4000 - TDD (800) 669-6820
This OFFICIAL NOTICE shall remain posted for thirty (30) months from date of signing.
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