Case: EEOC v. United Fence Company & Wor-Mac, Inc.

1:02-cv-06589 | U.S. District Court for the Northern District of Illinois

Filed Date: Sept. 16, 2002

Closed Date: Dec. 19, 2003

Clearinghouse coding complete

Case Summary

In September 2002, the Chicago District Office of the EEOC brought this lawsuit against United Fence Company and Wor-Mar, Inc. in the U.S. District Court for the Northern District of Illinois alleging discrimination on the basis of race, African American, and natural origin, Hispanic, in violation of Title VII of the Civil Rights Act of 1964. Specifically, the complaint alleged the defendants subjected the complainants, Hispanic employees, to a hostile work environment by reprimanding them for…

In September 2002, the Chicago District Office of the EEOC brought this lawsuit against United Fence Company and Wor-Mar, Inc. in the U.S. District Court for the Northern District of Illinois alleging discrimination on the basis of race, African American, and natural origin, Hispanic, in violation of Title VII of the Civil Rights Act of 1964. Specifically, the complaint alleged the defendants subjected the complainants, Hispanic employees, to a hostile work environment by reprimanding them for speaking Spanish and subjecting them to disparate treatment, and for failing to take corrective action in response to complaints of disparate treatment on the basis of race, African-American. Following some discovery and several status conferences, the parties settled the lawsuit in December 2003 through a consent decree.

The eighteen-month decree, containing anti-discrimination and retaliation clauses, required the defendants to: report on complaints and make compliance reports to the EEOC, keep records regarding complaints, allow the EEOC access for monitoring, stop preventing employees from speaking Spanish outside of certain circumstances, develop an anti-discrimination policy, post and distribute notice of employee rights, provide EEO training for all persons able to make hiring or disciplinary decisions, and pay $50,000 to be distributed among fourteen complainants.

Summary Authors

Daisy Manning (1/10/2008)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4251127/parties/eeoc-v-united-fence-co/

Documents in the Clearinghouse

1:02-cv-06589

Docket (PACER)

EEOC v. United Fence Co, et al

Dec. 22, 2003

Dec. 22, 2003

Docket
1

1:02-cv-06589

Complaint

EEOC v. United Fence Co, et al

Sept. 17, 2002

Sept. 17, 2002

Complaint
2

1:02-cv-06589

Amended Complaint

EEOC v. United Fence Co, et al

Oct. 1, 2002

Oct. 1, 2002

Complaint
22

1:02-cv-06589

Consent Decree

EEOC v. United Fence Co, et al

Dec. 22, 2003

Dec. 22, 2003

Settlement Agreement

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4251127/eeoc-v-united-fence-co/

Last updated March 25, 2026, 4:49 a.m.

ECF Number Date Description Link
1 Sept. 16, 2002

COMPLAINT; jury demand - Civil cover sheet - Appearance(s) of Gordon G. Waldron, Ann M. Henry, Gregory M. Gochanour, John C. Hendrickson as attorney(s) for plaintiff (No summons(es) issued.) (Documents: 1-1 through 1-3) (hp) (Entered: 09/17/2002)

RECAP
Sept. 19, 2002

minutes - miscellaneous

2 Sept. 30, 2002

AMENDED COMPLAINT [1-1] by plaintiff; jury demand. (ntf) (Entered: 10/01/2002)

RECAP
3 Oct. 1, 2002

ATTORNEY APPEARANCE for defendants by Patrick V. Melfi, Erin Dougherty Foley, Jonathan Thomas Georgis (cdy) (Entered: 10/02/2002)

RECAP
4 Oct. 1, 2002

WAIVER of service of summons as to defendants sent on 9/16/02 (cdy) (Entered: 10/02/2002)

RECAP
Oct. 1, 2002

summons issued

5 Nov. 14, 2002

ANSWER by defendants to amended complaint [2-1]. (fce) (Entered: 11/15/2002)

RECAP
Nov. 14, 2002

minutes - miscellaneous

Jan. 16, 2003

minutes - miscellaneous

6 April 24, 2003

MOTION by United Fence Co and Wor-Mar, Inc. to substitute attorney ; Notice. (gcy) (Entered: 05/01/2003)

RECAP
7 April 30, 2003

MINUTE ORDER of 4/30/03 by Hon. John W. Darrah: Defendant's motion for substitution of attorneys is granted [6-1]. Appearance on behalf of the firm of Connelly Sheehan Moran is withdrawn and the firm of Litchfield Cavo is granted leave to substitute on behalf of defendants. Status hearing is set for 07/01/03 at 9:00 a.m. Status hearing is set for 07/01/03 at 9:00 a.m.. Mailed notice (gcy) (Entered: 05/01/2003)

RECAP
8 May 8, 2003

ATTORNEY APPEARANCE for defendants United Fence Company and Wor Mar Inc by Hope G. Nightingale, Kenneth J. Barrish, Michael J. Heinle. (cem) (Entered: 05/09/2003)

RECAP
10 May 8, 2003

MOTION by defendants for an extension of time to file their response to plaintiff's second requests for admissions and third request for production of documents (Attachments) ; Notice (ntf) (Entered: 05/15/2003)

RECAP
9 May 12, 2003

OPPOSITION by plaintiff EEOC to defendants' motion to extend time to respond to discovery (Attachments); Notice of filing (eav) (Entered: 05/13/2003)

RECAP
11 May 12, 2003

MOTION by plaintiff to compel deposition of William Heffernan ; Notice (ntf) (Entered: 05/15/2003)

RECAP
12 May 14, 2003

MINUTE ORDER of 5/14/03 by Hon. John W. Darrah : EEOC's motion to compel deposition of William Heffernan [11-1] is granted. Deposition of William Heffernan to be completed on or before 05/28/03. Defendants, United Fence Company and Wor-Mac, Inc's motion for an extension of time to file their response to plaintiff's second requests for admissions and third for production of documents is granted to and including 06/06/03 [10-1]. Mailed notice (ntf) (Entered: 05/15/2003)

RECAP
July 1, 2003

minutes - miscellaneous

July 9, 2003

minutes - miscellaneous

Aug. 13, 2003

minutes - miscellaneous

13 Sept. 16, 2003

MOTION by plaintiff to extend discovery closing deadline and to compel deposition of William Heffernan ; Notice. (cem) (Entered: 09/24/2003)

RECAP
14 Sept. 16, 2003

MOTION by plaintiff to compel production of documents (Attachment); Notice. (cem) (Entered: 09/24/2003)

RECAP
15 Sept. 23, 2003

MINUTE ORDER of 9/23/03 by Hon. John W. Darrah : Status hearing held. Plaintiff's motion to extend discovery closing [13-1] and compel deposition of William Heffernan [13-2] is granted. Discovery extended to 1/15/04. All other previously set dates by the Court to stand. Mailed notice (cem) (Entered: 09/24/2003)

RECAP
16 Nov. 5, 2003

MOTION by plaintiff for sanctions for failure to produce records related to temporary employees (Attachment); Notice (hp) (Entered: 11/12/2003)

RECAP
17 Nov. 10, 2003

MINUTE ORDER of 11/10/03 by Hon. John W. Darrah : Plaintiff's motion for sanctions is withdrawn. [16-1] Mailed notice (hp) (Entered: 11/12/2003)

RECAP
19 Nov. 12, 2003

MOTION by plaintiff to compel depositions of Mildred Hill and Pedro Felix Leyva (Attachment); Notice. (cem) (Entered: 11/21/2003)

RECAP
18 Nov. 20, 2003

REFERRAL ORDER: Case referred to Hon. Morton Denlow for a settlement conference . Mailed notice. (maf) (Entered: 11/20/2003)

RECAP
20 Nov. 20, 2003

MINUTE ORDER of 11/20/03 by Hon. John W. Darrah : Plaintiff's motion to compel depositions of Mildred Hill and Pedro Felix Leyva is granted [19-1]. Defendant to produce witnesses by 12/19/03. This case is referred to Magistrate Judge Denlow for a settlement conference. Mailed notice (cem) (Entered: 11/21/2003)

RECAP
Nov. 20, 2003

minutes - miscellaneous

21 Nov. 21, 2003

ATTORNEY APPEARANCE for defendants by George P. Smyrniotis, Jonathan Ethan Barrish, Carrie A. Durkin; Notice. (hp) (Entered: 11/24/2003)

RECAP
Dec. 4, 2003

minutes - miscellaneous

22 Dec. 19, 2003

MINUTE ORDER of 12/19/03 by Hon. John W. Darrah: For the reasons stated in the attached consent decree by the parties, this decree fully and finally resolves any and all issues and claims arising out of the complaint filed by the EEOC. Case closed. Any pending dates or motions are terminated as moot. (Entered consent decree.) terminating case Mailed notice (rmm) (Entered: 12/22/2003)

RECAP
23 Dec. 22, 2003

MINUTE ORDER of 12/22/03 by Hon. Morton Denlow: Consent Decree having been entered by Judge Darrah, all matters relating to the referral of this action having been resolved, the case is turned to the assigned judge. Settlement conference set for 01/08/04 at 2:00 p.m. is stricken. Terminating the case referral to the Hon. Morton Denlow. Notices mailed by judge's staff (cdy) (Entered: 12/23/2003)

RECAP

Case Details

State / Territory:

Illinois

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Multi-LexSum (in sample)

Key Dates

Filing Date: Sept. 16, 2002

Closing Date: Dec. 19, 2003

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Equal Employment Opportunity Commission, on behalf of one or more workers.

Plaintiff Type(s):

EEOC Plaintiff

Attorney Organizations:

EEOC

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Private Entity/Person

United Fence Company

Wor-Mar, Inc.

Case Details

Causes of Action:

Title VII (including PDA), 42 U.S.C. § 2000e

Other Dockets:

Northern District of Illinois 1:02-cv-06589

Available Documents:

Complaint (any)

Injunctive (or Injunctive-like) Relief

Monetary Relief

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Damages

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Content of Injunction:

Develop anti-discrimination policy

Discrimination Prohibition

Monitoring

Post/Distribute Notice of Rights / EE Law

Provide antidiscrimination training

Recordkeeping

Reporting

Retaliation Prohibition

Amount Defendant Pays: 50000

Order Duration: 2003 - 2005

Issues

General/Misc.:

Pattern or Practice

Discrimination Area:

Discharge / Constructive Discharge / Layoff

Discipline

Disparate Treatment

Harassment / Hostile Work Environment

Pay / Benefits

Discrimination Basis:

Language discrimination

National origin discrimination

Race discrimination

Affected National Origin/Ethnicity(s):

Indian

Affected Race(s):

Black

EEOC-centric:

Direct Suit on Merits

Recommended Citation