Keys, Judge Arlander

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Consent Decrees Labor and Employment Law Program 
11-19-2007 
EEOC v. Walsh Construction Company of Illinois 
Judge Arlander Keys 
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EEOC v. Walsh Construction Company of Illinois 
Keywords 
EEOC, Janice Lenoir, Walsh Construction Company of Illinois, 03 C 3601, Consent Decree, Sexual 
Harassment, Sex, Female, Construction, Employment Law, Title VII 
This article is available at DigitalCommons@ILR: https://digitalcommons.ilr.cornell.edu/condec/129 
Case 1:03-cv-03601 Document 98 Filed 11/19/2007 Page 1 of 11 jf/^ 
IN THE UNITED STATES DISTRICT COURT 
FOR THE NORTHERN DISTRICT OF ILLINOIS 
EASTERN DIVISION 
EQUAL EMPLOYMENT OPPORTUNITY 
COMMISSION, 
Plaintiff, 
and 
JANICE LENOIR, 
Plaintiff-Intervenor, 
vs. 
WALSH CONSTRUCTION COMPANY 
OF ILLINOIS, and WALSH/11 IN ONE 
JOINT VENTURE, 
Defendants. 
Case No: 03 C 3601 
Magistrate Judge Keys 
_ > 
CONSENT DECREE 
The Equal Employment Opportunity Commission (hereafter the "Commission" or the 
"EEOC"), filed this action against Walsh Construction Company of Illinois, and Walsh/II in One 
Joint Venture, under Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e, et 
seq, ("Title VII"), Janice Lenoir later intervened as a party Plaintiff Plaintiffs have alleged that 
Defendants failed to take prompt and effective action in regard to harassment of Janice Lenoir 
based on her sex, 
The parties have determined to finally resolve this action through the entry of this 
Consent Decree, 
Case 1:03-cv-03601 Document 98 Filed 11/19/2007 Page 2 of 11 
Findings 
ilaving carefully examined the terms and provisions of this Consent Decree, the Court 
finds the following: 
1. This Court has jurisdiction of this case pursuant to 28 U.S.C. §§451, 1331, 1337, 
1343, and 1345. This action is authorized and instituted pursuant to Sections 706(f)(1) and (3) of 
Title VII, 42 U.S.C. § 2000e-5(f)(l) and (3). 
2. This Court has jurisdiction over the parties. 
3. The terms and provisions of this Consent Decree are adequate, fair, reasonable, 
equitable and just. This Consent Decree resolves all claims alleged by the EEOC in its 
Complaint and by Janice Lenoir in her Intervening Complaint. The rights of the parties and the 
interests of the public are adequately protected by this Consent Decree. 
4. This Consent Decree conforms with the Federal Rules of Civil Procedure and 
Title VII, and is not in derogation of the rights and privileges of any person. The entry of this 
Consent Decree will further the objectives of Title VII. 
WHEREFORE, upon the consent of the parties, IT IS ORDERED, ADJUDGED AND 
DECREED: 
5. This Consent Decree shall apply to the job sites and facilities in Chicago, Illinois 
of Walsh Construction Company of Illinois (hereafter referred to as "Defendant"). The Court 
and the parties have been advised that Walsh/II in One Joint Venture has gone out of business. 
Injunction Against Harassment 
6. Defendant and its managers, supervisors, officers, directors and agents, are 
enjoined from engaging in sexual harassment or harassment based on sex and from failing to 
2 
Case 1:03-cv-03601 Document 98 Filed 11/19/2007 Page 3 of 11 
take prompt and effective action in response to complaints of sexual harassment or harassment 
based on sex. 
Distribution of Policy Against Harassment 
7. Within 5 days after entry of this Consent Decree and continuously for the duration 
of this Decree, Defendant shall post a copy of its policy against sexual harassment at each 
Chicago work site at the location where is posts OSHA notices, and in its Human Resources 
Offices on a bulletin board used for notices to employees. During the term of this Decree, 
Defendant shall provide to each new employee on the date of hire a copy of that policy. 
Non-Retaliation 
8. Defendant and 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 practice made unlawful under Title VII, filed a Charge of 
Discrimination under Title VII, testified or participated in any manner in any investigation, 
proceeding, or hearing under Title Vll, or asserted any rights under this Decree. 
Posted Notice 
9. Within 10 days after this Consent Decree is entered, and continuously for the 
duration of this Consent Decree, Defendant shall conspicuously post the Notice attached as 
Exhibit A at each Chicago work site at the location where is posts OSHA notices, and in its 
Human Resources Offices on all bulletin boards commonly used for announcements from 
Defendant to its employees. Within 20 calendar days after entry of this Consent Decree, 
Defendant shall certify to the EEOC in writing that the notice has been posted. Eleven months 
later it shall certify to the EEOC in writing that the Notice remains posted. 
3 
Case 1:03-cv-03601 Document 98 Filed 11/19/2007 Page 4 of 11 
Monetary Relief 
10. Within 10 days after submission by Janice Lenoir of a release of claims that has 
been negotiated by her counsel and counsel for Defendant, Defendant shall pay $130,000 to 
Janice Lenoir and her attorneys, Daley, DeBofsky & Bryant. Contemporaneously, Defendant 
shall furnish to EEOC a copy of the check(s) provided to her and her attorney. EEOC had no 
role in the negotiation of and has not approved said release of claims, 
11. Except as otherwise provided in paragraph 10 above, all parties shall bear their 
own costs and attorneys' fees. 
Training 
12. a) Within 30 days of the start of a new project all supervisors assigned to that 
project shall receive training by a trainer paid for by Defendant regarding sexual harassment, 
Defendant's policy against sexual harassment, and their duties under that policy. 
b) Within 6 months of the entry of this Decree all other supervisors assigned to a 
project shall receive such training, 
c) Within 30 days of the entry of this Decree all members of Defendant's Human 
Resources Department (personnel) shall receive such training and in addition, such training shall 
be provided promptly to each person who in the future becomes a member of the Human 
Resources Department. 
13. Defendant shall obtain the EEOC's approval of the proposed trainer prior to the 
training session. Defendant shall submit the name, address, telephone number, resume and 
training proposal of the proposed trainer to the EEOC at least fifteen days prior to the proposed 
date of the training. The EEOC shall have five calendar days from the date of receipt of the 
4 
Case 1:03-cv-03601 Document 98 Filed 11/19/2007 Page 5 of 11 
information described above to accept or reject the proposed trainer. If the parties cannot 
through this process agree on a trainer, then they may seek the Court's assistance under 
Paragraph 20. 
14. Defendant shall certify to the EEOC in writing within five business days after the 
training has occurred that the training has taken place and that the required personnel have 
attended. Such certification shall include: (i) the date, location and duration of the training; and 
(ii) the name and position of each person in attendance. 
Record Keeping 
15. For the duration of this Decree, 
a) With respect to each complaint or incident of sexual harassment reported to or 
discovered by Defendant's Human Resources Department, Defendant shall maintain, and make 
available for inspection and copying by the EEOC records, including the name, social security 
number, address, and telephone number, of each employee who complains of sexual harassment, 
and of the information learned during and as a result of any investigation of such complaints, 
b) Defendant shall use its best efforts to learn of all complaints and incidents of 
sexual harassment. 
c) Defendant shall maintain a system enabling it to easily and readily retrieve all 
complaints of sexual harassment filed against the same person. 
16 Defendant shall make all documents or records referred to in Paragraph 15 above, 
available for inspection and copying within ten (10) business days after the EEOC so requests. 
In addition, Defendant shall make available on ten (10) business day notice its supervisory 
personnel whom the EEOC requests to interview for purposes of verifying compliance with this 
5 
Case 1:03-cv-03601 Document 98 Filed 11/19/2007 Page 6 of 11 
Paragraph. 
Reporting 
17. Defendant shall furnish to the EEOC a written report six, twelve and 17 months 
after the entry of this Decree in regard to the complaints of sexual harassment referred to in 
Paragraph 15. Each such report shall contain the name and address of each employee who, in the 
last six months (or five months for the last report), complained of sexual harassment, the nature 
of the complaint and who is alleged to have engaged in sexual harassment. Such reports shall 
state what actions Defendant has taken to resolve each complaint. If no employee made such a 
complaint an officer of Defendant shall submit a signed statement so stating. Each report shall 
also contain a statement signed by an officer of Defendant that the Notice required to be posted 
in 9, above, remained posted during the entire six month (or five month) period preceding the 
report. 
Enforcement 
18. This Consent Decree shall be in effect for the period of 18 months, during which 
time the Court shall retain jurisdiction of the parties and of this action for the purpose of 
enforcing the provisions of this Consent Decree, 
19. If any provision of this Consent Decree is found to be unlawful, only the specific 
provision in question shall be affected and all other provisions will remain in full force and 
effect. 
Dispute Resolution 
20. If the EEOC has reason to believe that Defendant is not complying with this 
Consent Decree, the EEOC shall so notify Defendant in writing. Defendant will then have ten 
6 
Case 1:03-cv-03601 Document 98 Filed 11/19/2007 Page 7 of 11 
business days in which to achieve compliance or to satisfy the EEOC that there has been no non-
compliance; if Defendant does neither, the EEOC shall have the right to apply to the Court for 
appropriate relief. 
Miscellaneous Provisions 
21. The terms of this Consent Decree shall be binding upon the present and future 
directors, officers, managers, agents, successors and assigns of Defendant. Defendant, and any 
successors) of Defendant, shall provide a copy of this Decree to any organization or person who 
proposes to acquire or merge with Defendant, or any successor of Defendant, prior to the 
effectiveness of any such acquisition or merger. This paragraph shall not be deemed to limit any 
remedies available in the event of any finding by the Court regarding a violation of this Decree. 
22. When this Decree requires the submission by Defendant of reports, certifications, 
notices, or other materials to the EEOC, they shall be mailed to Gordon Waldron, Equal 
Employment Opportunity Commission, 500 West Madison Street, Suite 2800, Chicago, Illinois, 
60661. When this Decree requires submission by the EEOC of materials to Defendant, they 
shall be mailed to Peter Glimco, General Counsel, Walsh Group Ltd., 929 W. Adams St. 
Chicago, Illinois 60607. 
23. Defendant may direct employees at job sites to make complaints of sexual 
harassment to a designated person in the Human Resources Department. Such person shall make 
periodic visits to job sites and be identified in notices posted at job sites. Defendant's anti-
harassment policy shall require all supervisors and managers to report complaints and incidents 
of sexual harassment to the Human Resources Department. 
7 
Case 1:03-cv-03601 Document 98 Filed 11/19/2007 
Approved for Plaintiff EEOC 
RONALD S, COOPER 
General Counsel 
JAMES LEE 
Deputy General Counsel 
GWENDOLYN YOUNG REAMS 
Gordon Waldron 
Senior Trial Attorney 
Equal Employment Opportunity 
Commission 
500 West Madison Street 
Suite 2800 
Chicago, Illinois 60661 
(312)353-7525 
Case 1:03-cv-03601 Document 98 Filed 1'1/19/2007—Page 9 of 11 
Approved for Plaintiff Intervener 
Mark DeBofeky 
Daley, DeBofcky and Bryant 
lN.LaSalle St Suite 3800 
Chicago, IL 60602 
(312) 372-5200 
Attorney for Intervening Plaintiff, Janice Lenoir 
Approved for Defendants 
E. Bryan Dunigan 
162 West Grand Ave 
Chicago, II 60610 
(312)527-0414 
Attorney for Defendant 
Tom H. Luetkemeyer and Aitnee Delaney 
Hinshaw & Culbertson LLP 
222 N. LaSalle St., Ste. 300 
Chicago, IL 60101-1081 
(312) 704*3000 
Attorney for Defendant 
ENTERED AND ORDERED THIS / 9 ^ D A Y OF fia!**&*^ , 2007 
Magistrate Judge Ke; - ys 
Case 1:03-cv-03601 Document 98 Filed 11/19/2007 Page 10 of 11 
Approved for Plaintiff Intervener 
Mark DcBofsky 
Daley, DeBofsky and Bryant 
One North LaSalle St., Suite 3800 
Chicago, IL 60602 
(312)372-5200 
Attorney for Intervening Plaintiff, Janice Lenoir 
Approved for Defendants 
E. Bryan Dumgan LJ 
221 North LaSalle St., Suite 1454 
Chicago, IL 60601 
(312)857-2114 
Attorney for Defendant 
(mux/* 
Tom II. Luetkemeyer and Airaee Delaney 
Hinshaw & Culbertson, LL( 
222 North LaSalle St., Suite 300 
Chicago, IL 60601-1081 
(312)704-3000 
Attorney for Defendant 
ENTERED AND ORDERED THIS /*? r^DAY OF / I f l t / B m W a ^
 2007 
Magistrate Judge Keys 
Case 1:03-cv-03601 Document 98 Filed 11/19/2007 Page 11 of 11 
EXHIBIT A 
NOTICE TO ALL EMPLOYEES OF WALSH CONSTRUCTION COMPANY OF 
ILLINOIS 
This Notice is being posted pursuant to a Consent Decree entered by the federal court 
resolving a lawsuit filed by the Equal Employment Opportunity Commission ("EEOC") against 
Walsh Construction Company of Illinois ("Defendant") (# 03C 3601, N.D. IL.) 
In its suit, the EEOC alleged that Defendant failed to use reasonable care to prevent and 
correct promptly acts of sexual harassment. 
To resolve the case, Defendant and the EEOC have entered into a Consent Decree 
(without any admission of liability by Defendant, and without any waiver of claims by the 
EEOC) which provides for monetary relief and also provides that: 
1) Defendant will not create, facilitate or permit the existence of a work environment 
that is hostile to employees on the basis of their sex. 
2) Defendant will not retaliate against any person because (s)he opposed any 
practice made unlawful by Title VII, filed a Title VII charge of discrimination, 
participated in any Title Vll proceeding, or asserted any rights under the Consent 
Decree; 
The EEOC enforces the federal laws against discrimination in employment on the basis 
of race, color, religion, national origin, sex, age or disability. If you believe you have been 
discriminated against, you may follow the complaint procedure in Defendant' non-discrimination 
and anti-harassment policy and you may contact the EEOC at (312) 353-2713. The EEOC 
charges no fees and has employees who speak languages other than English. 
THIS IS AN OFFICIAL NOTICE AND M^ST NOT BE DEFACED BY ANYONE 
This Notice must remain posted for two years from the date below and must not be 
altered, defaced or covered by any other material. Any questions about this Notice 
or compliance with its terms may be directed to; Walsh Construction Company 
Settlement, EEOC, 500 West Madison Street, Suite 2800, Chicago, IL 60661. 
n)'*/»*> C^ZI^^C^ 
Date Jo>h Rowe Dirf^tor, Chicago District Office 
iqual Employment Opportunity Commission 
10 


EEOC v. Walsh Construction Company of Illinois

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EEOC v. Walsh Construction Company of Illinois

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