On August 22, 2007, the EEOC filed a complaint in the United States District Court for the Southern District of Illinois under Title VII of the Civil Rights Act of 1964 and Title I of the Civil Rights Act of 1991, on behalf of two aggrieved individuals. The complaint alleged that Defendant, Clarice's Home Care Service, Inc., engaged in unlawful employment practices on the basis of race, as well as retaliation of protected activity. Specifically, the EEOC claimed that Defendant failed to hire an individual as a Home Care Provider because of her race. Furthermore, the complaint alleged that Defendant discharged one of its employees for opposing Defendant's refusal to hire that individual, and for informing the individual that she was not hired because of her race. The EEOC sought injunctive relief, as well as monetary relief on behalf of the two individuals.

The District Court (Magistrate Judge Donald G. Wilkerson) on December 18, 2007 allowed one of the individuals involved (the woman who was not hired) to intervene. The plaintiff-intervenor filed her complaint on April 11, 2008, seeking monetary relief based on the same claims made in the EEOC's complaint.

On June 10, 2008 the District Court (Judge Patrick G. Murphy) approved a settlement between the parties under a consent decree. Under the decree, Defendant was required to pay $20,000 to the terminated employee and $30,000 to the plaintiff-intervenor. The decree also accorded general injunctive relief, preventing Defendant from making any decisions regarding applicants, employees, or clients on the basis of race. Defendant was also required to provide Title VII training to all of its employees who make hiring decisions or make work assignments, as well as to post a policy of non-discrimination for all of their employees to see. The consent decree was to remain in effect for a period of two years.

Adam Teitelbaum - 03/20/2010


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