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PRESS RELEASE
10-6-11

Jay Medicar Pays $70,000 To Resolve EEOC Lawsuit

Federal Agency Alleged That Women Were Subjected to Sexual Harassment At Chicago Transportation Company

CHICAGO  – Jay Medicar Transportation, LLC will pay $70,000 to resolve a sex discrimination  lawsuit filed by the U.S. Equal Employment Opportunity Commission (EEOC), the  agency announced today. The EEOC sued  Jay Medicar in March 2010 on behalf of female employees who alleged they were  sexually harassed by a senior manager.

Jay Medicar  provides patient transportation services in the city of Chicago.  The EEOC’s lawsuit alleged that Jay Medicar’s former director of  operations harassed several women under his supervision. The alleged harassment included quid pro quo advances where the director  of operations demanded sex in exchange for pay raises, scheduling changes or  continued employment. One of the discrimination  victims in the lawsuit alleged that Jay Medicar terminated her on pretextual  grounds, rehired her, and then subjected her to adverse terms and conditions of  employment as retaliation for her prior complaints.

Jay Medicar  moved to dismiss EEOC’s lawsuit (EEOC v.  Jay Medicar Transportation, LLC, a/k/a  Jay Transportation, f/k/a Jay Medi-Car, Inc., No. 10 CV 01477 [N.D. Ill.]) in  April 2010 on the ground that Jay Medicar Transportation, LLC is not the  successor in liability to Jay Medi-Car, Inc. for the employment discrimination  violations alleged in EEOC’s complaint.  On Sept. 2, 2010, U.S. District Judge William J. Hibbler denied Jay  Medicar’s motion to dismiss, concluding that “[t]he EEOC…pleaded facts that  make it plausible to infer that Jay Medicar LLC may be liable for Jay Medi-Car  Inc.’s obligations. It need do nothing  more.”

Judge  Hibbler entered a consent decree resolving this litigation on October 4,  2011. The decree provides $70,000 of  monetary relief to five women. Two of  the women who alleged egregious harassment will receive $25,000 each. Under the terms of the decree, Jay Medicar is  also enjoined from further subjecting any employee to a hostile work  environment or retaliating against any employee who opposes  discrimination. Jay Medicar must post a  notice about the EEOC’s lawsuit in a conspicuous location for two years and  train its managers on employment discrimination laws.

“This case alleged  that Jay Medicar allowed a high-ranking manager to abuse his position of power  by demanding sex in exchange for promotions, schedule changes, and job security,”  said John Hendrickson, the EEOC’s regional attorney in Chicago.  “Title VII imposes strict liability when an employer terminates someone  who rejects such demeaning quid pro quo proposals.”

“This consent decree requires Jay  Medicar to train its managers and other supervisory employees on anti-discrimination  laws on three separate occasions over the next two years,” Hendrickson  added. “It is in Jay Medicar’s best  interests to take these training sessions and the other non-monetary provisions  in this decree very seriously.”

In addition  to Hendrickson, the EEOC’s litigation team from its Chicago District Office  included Supervisory Trial Attorney Greg Gochanour and Trial Attorneys Brad Fiorito  and Grayson S. Walker. The Chicago District Office is responsible for processing  charges of discrimination, administrative enforcement, and the conduct of  agency litigation in Illinois, Wisconsin, Minnesota, Iowa, and North and South Dakota,  with Area Offices in Milwaukee and Minneapolis.

The EEOC is responsible for  enforcing federal laws against employment discrimination. Further information is available at www.eeoc.gov.