Leinenweber, Judge Harry D.

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Consent Decrees Labor and Employment Law Program 
12-17-2002 
Equal Employment Opportunity Commission v. Nielsen & 
Bainbridge 
Judge Harry D. Leinenweber 
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Equal Employment Opportunity Commission v. Nielsen & Bainbridge 
Keywords 
Maria Williams, Equal Employment Opportunity Commission, E.E.O.C., EEOC, Nielsen & Bainbridge LLC, 01 
C 7508, Consent Decree, Hostile working environment, Race, black, sex, female, Retaliation, Constructive 
Discharge, Disparate Treatment, Retail, Employment Law, Title VII 
This article is available at DigitalCommons@ILR: https://digitalcommons.ilr.cornell.edu/condec/787 
United States District Court, Northern District of Illinois
Sitting Ju d ge  if  Other 
tliuii Assigned Judge
)  DATE 12/17/2002
MOTION:
United- States of America vs. Nielsen & Bainbridge 
KKOC vs. Nielsen & Bainbridge
| lii ihc fallowing box (a) indicate the patty filing the motion, e.g.. plaintiff, defendant, 3rd party plaintiff, and (h) slate briefly die nature 
of the motion being, presented. |
JoinL Motion lor Rntry o f Consent Decree
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□  FRCP4(m) □  Local Rule 41.1 □  TRCP41(a)(1) □  FROM 1(a)(2).
[Giber docket entry] Tire Joint Motion for Rntry of Consent Decree is granted. Filter Consent 
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IN THE UNITED STATES DISTRICT COURT 
FOR THE NORTHERN DISTRICT OF ILLINOIS 
EASTERN DIVISION
UNITED STATES EQUAL EMPLOYMENT 
OPPORTUNITY COMMISSION,
Plaintiff,
and
MARIA WILLIAMS,
Plaintiff-Intervenor,
v.
NIELSEN & BAINBRIDGE, LLC,
Defendant.
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DOCKETED
DEC 2 3 7002
Judge Leinenweber 
Magistrate Judge Keys
No. 01 C 7508
)
MARIA WILLIAMS, )
)
Plaintiff, )
)
v. ) No, 01 C 7388
)
NIELSEN & BAINBRIDGE, LLC, )
)
Defendant. )
_____________ ____________________________________________  )
CONSENT DECREE
The Litigation
Plaintiff, Equal Employment Opportunity Commission (hereafter the "EEOC"), filed this
action on September 28, 2001, alleging that Defendant Nielsen & Bainbridge, L,L,C,, (Nielsen & 
Bainbridge) discriminated against Charging Party Maria Williams and a class of female 
employees, in violation of Title VI1 of the Civil Rights Act of 1964, as amended, 42 U.S.C. §
2000e et sec]. ("Title VII") and § 102 of the Civil Rights Act of 1991,42 U.S.C. § 1981 A, by 
subjecting Williams and a class of female employees to a hostile working environment because 
of their sex (female) and because of their race (Black). Maria Williams, represented by her own 
counsel, intervened in the EEOC's suit on February 7,2002, On June 12, 2002, Case Number 01 
C 7388, which alleged retaliation and constructive discharge, was consolidated into this action. 
Nielsen & Bainbridge has denied the allegations of the Complaints, As a result of the parties 
having engaged, in settlement discussions, the parties have agreed that this action should be 
finally resolved by entry of this Consent Decree. This Consent Decree is intended to and does 
fully and finally resolve any and all claims arising out of the Complaints and all of the claims 
arising out of the Complaint in Case Number 01 C 7388,
Findings
Flaving examined the terms and provisions of this Consent Decree and based on the 
pleadings, records, and stipulations of the parties, this Court finds the following:
A. This Court has jurisdiction over the subject matter of this action and over the
parties.
B. The terms and provisions of this Consent Decree arc fair, adequate, reasonable, 
equitable and just. The rights of the parties are adequately protected by this Consent Decree.
C. This Consent Decree conforms with the Federal Rules of Civil Procedure and 
Title VTI. The entry of this Consent Decree will further the objectives of Title VTT and will be in 
the best interest of the parties and the public.
D. NOW THEREFORE, i f  IS ORDERED, ADJUDGED AND DECREED THAT:
- 2 -
Non-Discrimination
1. in all matters arising from or relating to employment, Nielsen & Bainbridge, its 
officers agents, employees, successors, and assigns shall not discriminate on the basis of sex or 
race in violation of Title VII.
Non-Retaliation
2. Nielsen & Bainbridge, its officers, agents, employees, successors, and assigns 
shall not retaliate against, penalize or otherwise prejudice any employee, former employee or 
applicant for employment because such person has opposed any practice made unlawful by Title 
VII; filed a Complaint or Charge; testified, assisted, or otherwise participated in any manner in 
any investigation, proceeding, hearing or litigation, under Title VTT; asserted any right under this 
Consent Decree; or otherwise exercised his or her rights under Title VTT,
Monetary Relief
3. Nielsen & Bainbridge shall pay monetary damages in the sum of one hundred 
fifty-five thousand dollars ($155,000.00), Payment will be made as follows:
A. After the Consent Decree has been entered and within fourteen (14) business days 
after the EEOC has provided to Nielsen & Bainbridge a Release form (attached as Exhibit 
A to this Consent Decree) executed by each of the three (3) class members identified in 
the attached sealed Appendix, Nielsen & Bainbridge shall issue, by certified mail to the 
three class members, checks payable to the order of the class members in the amounts of 
fifteen, thousand dollars ($15,000) each, for a total of forty-five thousand dollars 
($45,000.00), representing monetary damages, Nielsen & Bainbridge shall issue a Form 
1099 to each of the three class members. The EEOC shall also provide Nielsen &
- 3 -
Bainbridge with current addresses for the class members. Nielsen & Bainbridge shall 
send a copy of the checks to EEOC,
B. After the Consent Decree has been entered and within fourteen (14) business days 
after Nielsen & Bainbridge receives a Release form executed by Maria Williams, 
approved by her own private attorney, Nielsen &. Bainbridge shall send by certified mail, 
three checks to Sharon Finegan. Patterson, Maria Williams' attorney, located at 39 South 
LaSalle, Suite 1014, Chicago, Illinois 60603. One check shall be for back pay in the 
amount of $5,000,00 less the employee's share of all legally required taxes and other 
withholdings. Nielsen & Bainbridge shall be responsible for payment of employer 
taxes, which includes and is limited to appropriate amounts for state and federal taxes 
and PICA. The second check shall be in the sum of $68,333.34 payable to Maria 
Williams for non-wage monetary damages for which a Form 1099 will be issued to 
Williams. The third check, payable to Sharon Finegan Patterson, shall be issued for 
attorneys fees in the sum of $36,666,66 for which a Form 1099 will be issued to 
Patterson for non-employee compensation. Nielsen & Bainbridge shall send a copy of 
the checks to the EEOC.
Training
4. Within forty-five (45) days after entry of this Consent Decree, Nielsen & Bainbridge 
shall arrange for additional training of employees and supervisors of Nielsen & Bainbridge 
regarding requirements of Title VII. Nielsen & Bainbridge shall submit to EEOC for approval, 
materials regarding the training session, including the credentials of the trainer, prior to such 
training. Within five (5) days after the completion of the training described above,
- 4 -
Nielsen & Bainbridge will certify to EEOC that the training has been completed, the name(s) of 
the pcrson(s) conducting the training, the time(s), duration and datc(s) the training was held and a 
list identifying by name and position all individuals who received the training.
Notice Posting
5. Within ten (10) days alter the Court's entry of this Consent Decree and for the 
duration of this Decree, Nielsen & Bainbridge shall continuously post the notice annexed hereto 
as Exhibit B at its Bridgeview facility in prominent locations frequented by Nielsen &
Bainbridge employees. Within ten (10) days after the Consent Decree is entered Nielsen & 
Bainbridge shall certify in writing to the Chicago District Office of the EEOC that the Notice has 
been posted, and shall inform the EEOC of the locations where it has been posted.
Record Keeping and Reporting
6. Nielsen & Bainbridge shall maintain all records concerning its implementation of 
this Consent Decree. Nielsen & Bainbridge shall maintain records of any complaints it receives 
of sex or race discrimination at its Bridgeview facility, its investigation of such complaints, and 
any response or action taken as a result of the complaint.
7. Beginning six (6) months after entry of this Consent Decree and every six (6) 
months thereafter for the duration of the Consent Decree, Nielsen & Bainbridge shall furnish the 
EEOC with reports reflecting information detailed in the records described in Paragraph 6 of this 
Consent Decree, Nielsen & Bainbridge’s last report will be submitted to the EEOC two (2) 
weeks prior to the date on which the Decree is to expire.
8. For the term of the Consent Decree and upon five (5) business days notice to 
Nielsen & Bainbridge, the EEOC, when it has reasonable cause to believe Nielsen &. Bainbridge 
is not in compliance with the terms of this Consent Decree, shall have access to Nielsen & 
Bainbridge’s Bridgeview facility to review and copy any documents related to determining
- 5 -
compliance, located at its facility and to interview any personnel employed by Nielsen & 
Bainbridge for the purpose of determining Nielsen & Bainbridge’s compliance with the terms of 
this Consent Decree,
Duration of Dccrcc/Retention of Jurisdiction
9. The terms of this Consent Decree shall be in effect (and the Court will retain 
jurisdiction of this matter to enforce this Decree) for a period of three (3) years from the date on 
which this Consent Decree is entered, provided, however, that if, at the end of the three (3) year 
period, there arc disputes that remain unresolved, the term of the Decree shall be automatically 
extended until such time as all such disputes have been resolved.
Attorneys1 Fees
10. Nielsen & Bainbridge agrees to pay the reasonable attorneys’ fees of Maria 
Williams, as agreed to by and between Nielsen & Bainbridge and counsel for Ms. Williams, in 
accordance with the tenns of the Consent Decree.
Dispute Resolution
11, If the EEOC has reasonable cause to believe that Nielsen & Bainbridge has 
violated any of the terms of this Consent Decree, the EEOC shall notify Nielsen & Bainbridge in 
writing and Nielsen & Bainbridge will then have ten (10) business days in which to satisfy the 
EEOC that there has not been a violation or that the violation has been corrected. If at the 
expiration of such time period, the EEOC has not been so satisfied, then the EEOC may 
immediately apply to the Court for appropriate relief.
12, When the Decree requires the submission by Defendant of reports, notices or 
other materials to tire EEOC, they shall be mailed to Nielsen & Bainbridge Settlement, Equal 
Employment Opportunity Commission, Chicago District Office, 500 West Madison Street, Suite 
2800, Chicago, Illinois 60661.
- 6 -
ENTERED AND APPROVED FOR:
Opportunity Commission;
NICHOLAS M. INZEO
! / . j j Honorable Harry D. Leinenwebcr
United States District Judge
For the Equal Employment For Plaintiff Maria Williams:
Acting Deputy General Counsel
Gwendolyn Young Reams 
Associate General Counsel
EQUAL EMPLOYMENT OPPORTUNITY 
COMMISSION.---- —
SHARON FINECAN PATTERSON 
Attorney at Law
39 South LaSalle Street, Suite 1014 
Chicago, Illinois 60603 
(312) 855-1076
Noclle C. Brennan 
Supervisory Trial Attorney
Chicago, Illinois 60601 
(312)609-7582
EXHIBIT A
RELEASE AGREEMENT
1 ,_________ _____ , for and in consideration of the sum of $15,000.00, payable to me
pursuant to the terms of the Consent Decree entered by the Court in EEOC v. Nielsen & 
Bainbridge. LLC, No. 01 C 7508 (N.D. 111.), on behalf of myself, my heirs, assigns, executors, 
and agents, do hereby forever release, waive, remise, acquit, and discharge Nielsen & 
Bainbridge, LLC, and all past and present shareholders, officers, agents, employees, and 
representatives of Nielsen & Bainbridge, as well as all successors and assignees of Nielsen & 
Bainbridge from any and all claims and causes of action of any kind which I now have or ever 
have had under Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C, § 2000e ct scg., 
and § 102 of the Civil Rights Act of 1991,42 U.S.C. § 19S1A, as a result of or arising from the 
subject matter and claims which were asserted in EEOC v. Nielsen £  Bainbridae. No 01 C 7508 
(N.D. 1)]-),
Date
EXHIBIT B
NOTICE TO ALE EMPLOYEES
This Notice is posted pursuant to the Consent Decree entered in December 2002 by the 
U.S. District Court resolving the lawsuit entitled U. S. Equal Employment Opportunity 
Commission v. Nielsen & Bainbridge. LLC. N.D. Illinois No. 01 C 7508.
The lawsuit was based upon a Charge of Discrimination filed with the Equal Employment 
Opportunity Commission ("EECC") by an employee who alleged that she was harassed because 
ofher sex and race. The EEOC lawsuit alleged that Nielsen & Bainbridge discriminated against 
employees on the basis of sex and race in violation of Title VII of the Civil Rights Act of 1964, 
as amended and the Civil Rights Act of 1991. The EEOC and Nielsen & Bainbridge reached a 
settlement in the case, and the Court entered a Consent Decree resolving the lawsuit.
Under the terms of the Consent Decree, Nielsen & Bainbridge will:
1. Not engage in any employment practice which discriminates on the basis of sex 
and race;
2. Make monetary payments to the claimants and the individual who filed the charge 
of discrimination;
3. Provide training to managers and employees concerning laws prohibiting 
employment discrimination;
4. Maintain certain information relating to complaints and report to the EEOC for 
three (3) years.
Title VII of the Civil Rights Act of 1964, as amended, prohibits employers from discriminating 
on the basis of sex, race, color, religion or national origin. The Equal Employment Opportunity 
Commission is the agency responsible for enforcing Title VIT. Tf you have any complaints of 
discrimination or questions concerning your rights under Title VII, you may contact the EEOC at 
the address and phone number given below.
THIS IS AN OFFICIAL NOTICE AND MUST NOT BE DEFACED OR REMOVED
This Notice must remain posted for three (3) years from the date shown below and must not be 
altered, defaced or covered by any other material. Any complaints of discrimination or questions 
concerning this Notice or compliance with its provisions may be directed to the Equal 
Employment Opportunity Commission, 500 West Madison Street, Suite 2800, Chicago, Illinois 
60661,(312)353-2713.
Dated:
Judge Harry D, Leinenweber 
United States District Court
CERTIFICATE OF SERVICE
Pamela S. Moore-Gibbs, an attorney, hereby certifies that she caused a copy of the 
foregoing Joint Motion for Entry of Consent Decree, to be served via facsimile and by first 
class mail, postage prepaid, on thisl 3Lh day of December, 2002, to the following counsel of 
record:
Sharon Finegan Patterson 
39 South LaSalle Street 
Suite 1014
Chicago, Illinois 60603
Edward C. Jepson, Jr.
VEDDER, PRICE KAUFMAN &
KAMMHOLZ
222 North LaSalle Street
Chicago, Illinois 60601


Equal Employment Opportunity Commission v. Nielsen & Bainbridge

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