-jS~
United
Stat(~s
District Court, Northern District of Illinois
Name of ASligned. Judge
or Magistrate 'Judge
Milton I. Shadur
CASE NUMBER
02 C 6490
CASE
TITLE
Slttial Judge if Otber
than Assigned Judge
7/10/2003
DATE
US EEOC vs, Family Video Movie Club, Inc,
,
,
[In the followmg bo,(a) indIcate the party filmg the motioD, e,g" phuntiff, defendan~ 3rd party plaintiff, and (b) state bneftythe nature
ofthc motion being presented.]
MOTION:
DOCKET ENTRY:
(1)
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Filed motion of [ use listing in "Motion" box above,]
(2)
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Brief in support of motion due _ _'
(3)
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o
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Answer brief to motion due_ _, Reply to answer brief due_ _,
(4)
(5)
(6)
(7)
(8)
(9)
(10)
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RulingIHearing on _ _ set for _ _ at _ _ '
Status hearing[beld/continued to) [set for/re-set for) on _ _ set for _ _ at ___'
Pretrial conference[beld/continued to) [set for/re-set for) on _ _ set for _ _ at _ _ '
Trial[set for/re-set for] on _ _ at _ _ '
[Bench/Jury trial) [Hearing) held/continued to _ _ at _ _ '
This case is dismissed [with/without) prejudice and without costs[by/agreementlpursuant to)
FRCP4(m) 0 Local Rule 41.1 0 FRCP4l(aXl) 0 FRCP4l(aX2),
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[Other docket eotry)
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[For further detail see order attached to the original minute order,)
Enter Consent Decree,
No notices required, advised in open court.
No notices required.
Notices mailed by judge's staff.
Notified counsel by telephone.
JUt 1 I
llJ(f.f
Docketing to mail notices.
Mail AO 450 fonn,
Copy to judge/magistrate Judge,
7/1012003
SN
courtroom
deputy's
initials
8N
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION
DOCKETED
JUl II 2003
UNITED STATES EQUAL EMPLOYMENT
OPPORTUNITY COMMISSION,
)
)
)
Plaintiff,
v.
FAMILY VIDEO MOVIE CLUB INC.,
d/b/a F AMILY VlIDEO,
Defendant.
)
)
Case No. 02 C 6490
)
Judge Shadur
)
)
)
)
)
CONSENT DECREE
THE LITIGATION
1.
Plaintiff Equal Employment Opportunity Commission (the "EEOC'') filed this
action alleging that since at least on or about September 2000, the Defendant Employer has
engaged in· unlawful employment practices at its video rental stores, in violation of Section
4(a)(I) of the ADEA, 29 {;:.S.C. § 623(a)(I). The practices included failure to hire Nowlin and a
class of qualified applicants over the age of 40 due to their age (''the Class Members'').
2.
In the inten:st of resolving this matter, and as a result of having engaged in
comprehensive settlement negotiations, the parties have agreed that this action should be finally
resolved by entry of this Consent Decree (hereafter "Decree"). This Decree fully and finally
resolves any and all issues and claims arising out of the Complaint filed by the EEOC in this
action. Nothing contained in this Decree shall be construed as an admission by either party of
liability or non-liability with respect to any of the claims of the suit.
FINDINGS
3.
Having carefully examined the terms and provisions of this Decree, and based on
....
the pleadings, record, and stipulations of the parties, the Court finds the following:
a.
This Court has jurisdiction of the subject matter of this action and of the
b.
Th,~
parties.
t=s of this Decree are adequate, fair, reasonable, equitable, and just.
The rights of the parties, Nowlin (who filed the underlying Charge of Discrimination), the class
members, and the public interest are adequately protected by this Decree.
c.
This Decree conforms with the Federal Rules of Civil Procedure and the
ADEA and is not in derogation of the rights or privileges of any person. The entry of this Decree
will further the objectives of the ADEA and will be in the best interests of the parties, Nowlin,
the class members, and the public.
NOW, THEREFORE, IT IS ORDERED, ADJUDGED AND DECREED THAT:
NON-DISCRIMINATION
4.
Family, its officers, agents (including management personnel), successors, and
assigns are enjoined from discriminating on the basis of age in violation of the ADEA.
5.
During the period that this Decree remains in effect, all Family employees
participating in hiring decisions concerning Family's Downers Grove store shall be given a copy
of this Decree and shall certify in writing to (Family VP for Legal) that they have read it.
HIRING RELIEF .
6.
EEOC will make inquiries of the claimants to determine whether they are still
interested in working at Family. Within 45 days of the signing of this Decree, EEOC shall
provide Family with a list of claimants who wish to work at Family, indicating what positions
the claimants seek and their address. During the period that this Decree is in effect, Defendant
shall notify, in writing by mail to their last known address, claimants seeking a particular
2
position should such a vacancy arise in the Downers Grove store. Family shall report to the
EEOC how many claimants respond to each notice. Where a c1aimant(s) responds to such n()tice
but is not hired, Family shall report to EEOC the basis for the decision not to hire the
claimant(s).
NON-RETALIATION
7.
Family, its officers, agents, employees, successors, assigns and all persons acting
in concert with it shall not engage in any form of retaliation against any person because such
person has opposed any pracetice made unlawful under the ADEA, filed a Charge of
Discrimination under the ADEA, testified or participated in any manner in any investigation,
proceeding, or hearing under the ADEA, or asserted any rights under this Decree.
MONETARY RELIEF FOR CHARGING PARTY AND CLASS MEMBERS
8.
Within five (5) business days after entry of this Decree, the EEOC will mail to the
Charging Party and the class members a copy of the Release Agreement attached as Exhibit A,
and a copy of the letter attached as Exhibit B to this Decree.
9.
Within five (5) business days after receipt by the EEOC of the signed Release
Agreements, the EEOC shall mail the Release Agreements to Defendant.
10.
Within five (5) business days after receipt by Defendant of the signed Release
Agreement from the Charging Party, Defendant shall issue and mail by certified mail to the
Charging Party a check payable to the order of the Charging Party in the amount of $17,000.00.
Within five (5) business days after receipt by Defendant of the signed Release Agreements from
the Class Members, Defendant shall send by certified mail a check to each Class Member who
has returned a signed release agreement to the EEOC. Each Class Member other than the
Charging Party who has returned a signed Release Agreement shall receive a pro rata share of
3
$100,000.00. The EEOC shall provide Defendant with current addresses for the Charging Party
and class members. In the event that any check is undeliverable, Defendant shall so notify the
EEOC, in writing, and EEOC shall have thirty (30) days to supply a new mailing address to
Defendant (to which Defendant shall mail the check) or to notify Defendant that it cannot locate
the class member. Within ten (10) business days of such latter notification, Defendant shall issue
and mail to the Greater Chicago Food Depository, by certified mail, a check equal to the sum of
the check(s) which was undeliverable.
POSTING OF NOTICE
11.
Within five (5) business days after entry of this Decree, Family shall post a same-
sized copy of the Notice attached as Exhibit C to this Decree at its Downers Grove, Illinois video
rental store in a conspicuous location easily accessible to and commonly frequented by
employees of Family. Thel Notice shall remain posted for two (2) years from the date of entry of
this Decree. Family shall take all reasonable steps to ensure that the posting is not altered,
defaced or covered by any other material. Family shall certify to the EEOC in writing within ten
(10) business days after enltIy of the Decree that the Notice has been properly posted. Family
shall permit a representative of the EEOC to enter Family's premises for purposes of verifying
compliance with this Paragraph at any time during normal business hours without prior notice.
RECORD KEEPING
12.
For a period of two (2) years following entry of this Decree, Family shall maintain
and make available for inspection and copying by the EEOC records (including name, age, social
security number, address, telephone number, position applied for, date of application, store
applied to) of each person applying for employment with Family's Downers Grove, Illinois store.
13.
Family shall make all documents or records referred to in Paragraph 12, above,
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available for inspection and copying within five (5) business days after the EEOC so requests. In
addition, Family shall make available all persons within its employ whom the EEOC requests for
purposes of verifying compliance with this Decree and shall permit a representative of the EEOC
to enter Family's premises for such purposes on five (5) business days advance notice by the
EEOC.
14.
Nothing contained in this Decree shall be construed to limit any obligation Family
may otherwise have to maintain records under the ADEA or any other law or regulation.
REPORTING
15.
Family shall furnish to the EEOC the following written reports semi-annually for
a period of two (2) years following entry of this Decree. The first report shall be due six (6)
months after entry of the Decree. The final report shall be due twenty-four (24) months after
entry of the Decree. Each such report shall contain:
a.
the number of applications received for each position which was filled
during the preceding six months at Family's Downers Grove, Illinois store; number of applicants
for position over the age of 40 and number of applicants under the age of 40 for each position;
age of successful applicant for each position; location (store) of each filled position;
b.
the results of efforts toward hiring relief as set out in Paragraph 6, above;
c.
a celtification by Family that the Decree had been read by all personnel
required as set out in Paragraph 5, above; and,
d.
a celtification by Family that the Notice required to be posted in Paragraph
II, above, remained posted during the entire six (6) month period preceding the report.
DISPUTE RESOLUTION
16.
In the event that either party to this Decree believes that the other party has failed
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to comply with any provision(s) of the Decree, the complaining party shall notifY the other party
of the alleged non-compliance and shall afford the alleged non-complying party ten (10) business
days to remedy the non-compliance or to satisfY the complaining party that the alleged noncomplying party has complied. If the alleged non-complying party has not remedied the alleged
non-compliance or satisfkd the complaining party that it has complied within ten (10) business
days, the complaining party may apply to the Court for appropriate relief.
DURATION OF THE DECREE AND RETENTION OF JURISDICTION
17.
All provisions of this Decree shall be in effect (and the Court will retain
jnrisdiction of this matter to enforce this Decree) for a period of two (2) years immediately
following entry of the Decree, provided, however, that if, at the end of the two (2) years period,
any disputes under Paragraph 16, above, remain unresolved, the term of the Decree shall be
automatically extended (and the Court will retain jurisdiction of this matter to enforce the
Decree) until such time as all such disputes have been resolved.
MISCELLANEOUS PROVISIONS
. 18.
Each party to this Decree shall bear its own expenses, costs and attorneys' fees.
19.
The terms of this Decree are and shall be binding upon the present and future
representatives, agents, directors, officers, assigns, and successors of Family.
20.
When this Decree requires the submission by Family of reports, certifications,
notices, or other materials to the EEOC, they shall be mailed to: Family Settlement, clo Ethan
M. M. Cohen, Trial Attorney, Equal Employment Opportunity Commission, 500 West Madison
Street, Suite 2800, Chicago, Illinois, 60661. When this Decree requires submission by the EEOC
of materials to Family, they shall be mailed to: Michael Mulhem, Winston & Strawn, 35 W.
Wacker Drive, Chicago, Illinois, 60601.
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For the EQUAL EMPLOYMENT
OPPORTUNITY COMMISSION
1801 L Street, N.W.
Washington, D.C. 20507
7JUi;Jiil
~chael~ulhern
Winston & Stawn
35 W. Wacker Drive
Chicago, Illinois 60601
James Lee
Deputy General Counsel
Gwendolyn Young Reams
Assistant General Counsel
EQUAL EMPLO~NT OPPORTUNITY
COMMISSION
DATE:
c::::::r~
10, ,Qc003
ENTER:
CkJl-g~
The Honorable ~ilton I. Shadur
United States District Judge
7
EXHIBIT A
This is a legal document and you are advised to consult with an attorney before signing.
RELEASE AGREEMENT
I, xxxxxxx, for and in consideration of the sum of$Xx,OOO.OO, payable to me pursuant
to the tenns of the Consent Decree entered by the Court in EEOC v. Family Video Movie Club.
lJJ&,., No. 02 C 6490 (N.D. Il1.), on behalf of myself, my heirs, assigns, executors, and agents, do
hereby forever release, waive, remise, acquit, and discharge Family Video Movie Club, Inc.
("Family"), and all·past and present shareholders, officers, agents, employees, and
representatives of Family, as well as all successors and assignees of Family, from any and all
claims and causes of action of any kind which I now have or ever have had under the Age
Discrimination in Employment Act of 1967, as a result of or arising from the subject matter and
claims which were or which could have been asserted in EEOC v. Family Video Movie Club.
Inc., No. 02 C 6490.
Date
8
•
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Chicago District Office
500 West Madison SL, Suite 2800
Chicago. IL 60661~2!Hl
PH: (312) 353-2713
nY: (312)353-2421
STATE & LOCAL FAX: (312) 353-4041
ENFORCEMENT FAX: (312) 886-1168
LEGAL FAX: (312) 353-855S
FILE REVIEWS FAX: (312) 353-7623
MEDIATION FAX: (312) 353-6676
HEARINGS FAX: (312) 886-5391
EXHIBITB
_ _ _ _ _ _ _----',2003
xxxxxxxx
XXXXSt.
xxxxx, XX XXXXX
Re:
EEOC v. Family Video Movie Club. Inc.
No. 02 C 6490 (N.D. Ill.)
Dear Mx. XXXXXX:
A Consent Decree resolving the above-referenced lawsuit was signed by the parties and
,2003. Pursuant to the terms of the Consent Decree,
entered by the Court on
enclosed you will fmd a copy of a Release to be signed by you.
In order to obtain any monetary relief under the Consent Decree in this case, you must
sign the Release and return it to me. Please mail the signed Release to me as soon as possible at
the following address:
Ethan M. M. Cohen
Equal Employment Opportunity Commission
500 West Madison Street, Suite 2800
Chicago, lllinois 60661
I have enclosed a pre-addressed envelope for your convenience. You may, of course,
wish to make and keep a copy of the signed Release for your own records.
If you have any que:stions about the Release or cannot sign and return the enclosed
documents within fourteen days, please contact me at (312) 353-7568.
Sincerely,
Ethan M. M. Cohen
Trial Attorney
Encls.
9
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1
EXHIBITC
NOTICE TO ALL FAMILY VIDEO EMPLOYEES
This Notice is being posted pursuant to a Consent Decree entered by the federal court in
EEOC v. Family Video Movie Club, Inc., No. 02 C 6490 (N.D. Ill.), settling a lawsuit filed by
the Equal Employment Opportunity Commission ("EEOC") against Family Video Movie Club,
Inc., ("Family").
In its suit, the EEOC alleged that Family failed to hire qualified applicants over the age of
40, due to their age, in violation of the Age Discrimination in Employment Act of 1967
("ADEA"). These allegations were denied by Family.
To resolve the case, Family and the EEOC have entered in to a Consent Decree which
requires, among other thing:), that:
I)
Family will pay monetary relief to a class of applicants over the a,ge of 40;
2)
Family will not discriminate on the basis of age in violation of the ADEA;
3)
Family will not retaliate against any person because he or she opposed any
practice made unlawful by the ADEA, filed an ADEA charge of discrimination,
participated in any the ADEA proceeding, or asserted any rights under the
Consent Decree.
The EEOC enforces the federal laws against discrimination in employment on the basis
of age, race, color, religion, national origin, sex, and disability. !fyou believe you have been
. discriminated against, you may contact the EEOC at (312) 353-2713. The EEOC charges no fees
and has employees who sptmk languages other than English.
THIS IS AN OFFICIAL NOTICE AND MUST NOT BE DEFACED BY ANYONE
This Notice must remain posted for two years from the date below and must not be
altered, defaced 01" covered by any other material. Any questions about this Notice
or compliance with its terms may be directed to: Family Settlement, EEOC SOO
West Madison Street, Suite 2800, Chicago, Illinois 60661.
~L9~
The Honorable Milton I, Shadur
United S,tates District Judge