Ericksen, Judge Joan N.

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Cornell University ILR School 
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ADAAA Case Repository Labor and Employment Law Program 
1-17-2008 
Equal Employment Opportunity Commission v. Kaufman 
Container 
Judge Joan N. Ericksen 
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Equal Employment Opportunity Commission v. Kaufman Container 
Keywords 
Equal Employment Opportunity Commission, EEOC, E.E.O.C., Helen Werman, Kaufman Container, 
06-CV-03879, Failure to Accommodate, Termination, Consent Decree, Disability, Diabetes, Diabetic 
Retinopathy, Other, Employment Law, ADA, ADAAA, Americans with Disabilities Act 
This article is available at DigitalCommons@ILR: https://digitalcommons.ilr.cornell.edu/adaaa/318 
UNITED STATES DISTRICT COURT 
FOR THE DISTRICT OF MINNESOTA
UNITED STATES )
EQUAL EMPLOMENT )
OPPORTUNITY COMMISSION, )
Plaintiff, )
)
and )
)
)
HELEN WERMAN, )
)
Plaintiff-Intervenor, )
)
v. )
)
KAUFMAN CONTAINER, )
)
Defendant. )
CASE NO. 06-CV-03879 (JNE/SRN)
CONSENT DECREE AND ORDER
This action was filed by the Equal Employment Opportunity Commission 
(“Commission”) in November 2006, pursuant to the Americans With Disabilities Act 
(“ADA”), 42 U.S.C. § 12117(a). The Commission alleged that in the fall of 2004, 
Defendant Kaufman Container (“Kaufman”) refused to provide a reasonable 
accommodation to Helen Werman and terminated her employment, in violation of the 
Americans with Disabilities Act (“ADA”), 42 U.S.C. § 12117(a). Kaufman answered the
Commission’s Complaint and denied the allegations.
The Commission and Kaufman (the “parties”) have agreed to resolve this matter 
pursuant to this Consent Decree, to avoid the cost, uncertainty and inconvenience of trial 
on the merits.
NOW, THEREFORE, the Court having carefully examined the terms and provisions 
of this Consent Decree, and based on the pleadings, record and stipulations of the parties, 
it is ORDERED, ADJUDGED, AND DECREED THAT:
1. This Court has jurisdiction over the subject matter of this action and over the 
parties for purposes of entering and enforcing this Decree.
2. The terms of this Decree are adequate, fair, reasonable, equitable and just.
3. This Decree conforms with the Federal Rules of Civil Procedure and is not in 
derogation of the rights or privileges of any person. The entry of this Decree will 
further the objectives of the ADA, and will be in the best interests of the 
Commission and Kaufman, those for whom EEOC seeks relief, and the public.
4. The parties have agreed to resolve this matter pursuant to this Consent Decree, to 
avoid the cost, uncertainty and inconvenience of trial on the merits.
5. This Decree resolves all claims arising out of the Charge of Discrimination filed 
by Helen Werman against Kaufman Container, EEOC Charge No. 265-2005­
01067, and constitutes a complete resolution of all claims under the ADA that 
were made or could have been made based upon that charge. The parties further 
agree that this Decree does not resolve any other claims.
2
INJUNCTIVE RELIEF
1. Injunction.
Kaufman shall follow the ADA and all other federal, state and local laws
regarding disability discrimination
2. No Retaliation.
Kaufman will not retaliate against any person because he or she has engaged in 
protected activity under the ADA.
3. Training.
Kaufman shall provide training with regard to the Americans with Disabilities Act 
(“ADA”) to all of its human resources employees, managers, supervisors, and all others 
with day-to-day ADA responsibility in its Minnesota facility once per year for the next 
two years. Beginning six months from the date of entry of this Consent Decree and 
Order, Kaufman shall annually provide the EEOC’s Milwaukee Area Office with a list of 
those trained and the date and description of the training provided. Such training shall be 
conducted by one or more outside trainers chosen by Kaufman with the consent of the 
Commission, and shall include training in regard to disability discrimination, including 
reasonable accommodations, and the ADA.
3
4. Posting.
Kaufman shall place a public notice, in a conspicuous place, at its offices throughout 
the U.S., for a period of two years from the date of entry of this Consent Decree and 
Order. The notice shall be in the form attached hereto as Exhibit A and captioned 
“Notice To All Employees.”
5. Dissemination of Policy Statement.
Kaufman agrees to issue and disseminate, within 30 days of execution of this Consent 
Decree, a statement to all of its human resources employees, managers, supervisors, and 
all others with day-to-day ADA responsibility in its Minnesota facility, in the form 
attached as Exhibit B (or in such other form as it may choose, with the consent of the 
Commission), affirming its obligation to comply with the ADA, and affirming that it is 
the responsibility of all of Kaufman’s employees to comply with the ADA. Once each 
year for the next two years, Kaufman shall re-issue the policy statement on an annual 
basis, to all of its human resources employees, managers, supervisors, and all others with 
day-to-day ADA responsibility.
6. Certification to Commission.
4
Upon each annual compliance with paragraph 5 of this Consent Decree, Kaufman 
shall promptly certify to the undersigned counsel for the Commission that Kaufmans 
have complied with it.
7. Record Retention.
For two years from the entry of this Consent Decree and Order, Kaufman shall 
maintain records containing the name of every employee who requests an 
accommodation, and the result of the request. Kaufman shall make such records 
available for inspection by the Commission pursuant to Paragraph 9 herein.
8. Reporting
For two years from the entry of this Consent Decree and Order, Kaufman shall report 
in writing, to the undersigned counsel for the Commission (on a semiannual basis every 
June 30 and December 31 starting with June 30, 2008), the name, address, phone number, 
job title, of each employee who requests an accommodation due to a disability during that 
year and whether the request was granted. Kaufman shall also maintain such documents 
for the two-year term of this Decree, and shall make such documents available for 
inspection by the Commission pursuant to Paragraph 6 herein. Upon the termination of 
this Decree, Kaufman, shall retain documents pursuant to 29 C.F.R. §1602.14.
5
9. Right of Entry for Inspection
During the term of this Decree, The Commission shall have the right, on 48 hours’ 
written notice to Kaufman, to enter upon Kaufman’s offices and inspect any relevant 
documents or records for the purpose of determining Kaufman’s compliance with this 
Consent Decree and Order.
MONETARY RELIEF
Kaufman agrees, within 30 days of signature of this Consent Decree and Order by the 
Court, to pay One Hundred Twenty Thousand Dollars ($120,000.00) to Mrs. Werman. 
Ms. Werman will sign a Release negotiated by her and her private counsel. The 
Commission is not a party to this Release, and has not approved it. Kaufman shall mail 
the payment to Attorney Donald S. Arbour, Esq., at 700 Lumber Exchange Bldg., 10 
South Fifth Street, Minneapolis, MN 55402, and shall simultaneously provide a copy of 
the payment check(s) to the undersigned counsel for the Commission.
SO ORDERED, ADJUDGED AND DECREED this 17th day of January, 2008.
s/ Joan N. Ericksen_____
Honorable Joan N. Ericksen 
United States District Court Judge
RONALD S. COOPER 
General Counsel
JAMES LEE 
Deputy General Counsel
GWENDOLYN YOUNG REAMS
6
Associate General Counsel
/s/John C. Hendrickson January 2. 2008
JOHN C. HENDRICKSON Date
Regional Attorney
/s/ Jean P. Kamp 
Jean P. Kamp
Associate Regional Attorney
/s/ Robert F. Tomlinson January 2. 2008
Robert F. Tomlinson Date
Senior Trial Attorney
EQUAL EMPLOYMENT OPPORTUNITY 
COMMISSION
310 West Wisconsin Avenue, Suite 800 
Milwaukee, Wisconsin 53203
January 2. 2008 
Date
By: s/James Andreen January 2. 2008
James R. Andreen Date
Attorney for Kaufman Container
ERSTAD & RIEMER
8009 34th Avenue South, Suite 200
Minneapolis, Minnesota 55425
Exhibit A
NOTICE TO ALL EMPLOYEES 
NOTICE TO EMPLOYEES AND JOB APPLICANTS
This Notice is posted as part of a remedy agreed to pursuant to a Consent Decree entered 
in the case of Equal Employment Opportunity Commission (EEOC) v. Kaufman 
Container, Inc. ,which was filed by the EEOC on behalf of both the federal government 
and an individual with a disability who was an employee of Kaufman.
7
Federal law prohibits discrimination against any employee because of race, national 
origin, color, religion, sex, disability or age (forty and over) with respect to hiring, 
promotion, firing, compensation, or other terms, conditions or privileges of employment. 
Federal law prohibits retaliation against persons who complain of or oppose practices 
they believe are discriminatory on the basis of race, national origin, color, religion, sex, 
disability, or age (forty and over), and persons who file charges with the EEOC or a state 
fair employment practices agency, or cooperate with or participate in an investigation 
conducted by the EEOC or a state fair employment practices agency. Kaufman Container, 
Inc. supports and will comply with such federal law in all respects and will not take any 
action against employees because they have exercised their rights under the law. 
Specifically, Kaufman Container, Inc. will not tolerate discrimination in employment, or 
retaliation against any employee for exercising rights protected by federal law.
Employees and applicants should report possible discrimination to Kaufman Container 
[local HR] as soon as possible. Kaufman will follow its policies and procedures to 
promptly investigate all such reports and to protect the person making the report from 
retaliation, including retaliation by anyone alleged to have committed the discrimination 
or harassment, or the local EEOC office in Minneapolis. EEOC charges no fee for its 
services, and has employees who speak languages other than English. EEOC’s offices 
are accessible to individuals with disabilities.
THIS IS AN OFFICIAL NOTICE 
AND MUST NOT BE DEFACED BY ANYONE
Dated:
8


Equal Employment Opportunity Commission v. Kaufman Container

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