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Press Release 03-05-2010

EEOC Sues Medical Transportation Company For Sex Harassment and Retaliation

Federal Agency Says Jay Medicar Allowed Harassment of Female Employees

CHICAGO – The U.S. Equal Employment Opportunity Commission  (EEOC) filed a class lawsuit here today charging that Jay Medicar  Transportation tolerated the sexual harassment of a number of female employees  by one of its senior managers and retaliated against one employee after she  complained about the harassment. The  company provides medical transportation services in the Chicago area.

John Rowe, EEOC district director in Chicago, said that  the EEOC's administrative investigation which he directed revealed that a top  manager at the company allegedly frequently made comments of a sexual nature  to subordinate female employees and on at least one occasion demanded sexual  favors from an employee in exchange for a pay raise.

"Several  people complained to the company's management repeatedly," Rowe said of the investigation. "These complaints were allegedly ignored, and  one female employee who complained appears to have been fired shortly after the  company learned that she had filed a charge with the EEOC."

The EEOC's lawsuit was brought under Title VII of the  Civil Rights Act of 1964, which prohibits sex discrimination (including sexual  harassment) as well as retaliation, in employment. The EEOC filed suit after first attempting to  reach a voluntary settlement through its statutory conciliation process. The case, EEOC  v. Jay Medicar Transportation, LLC, a/k/a Jay Transportation, f/k/a Jay  Medi-Car, Inc, Civil Action No. 10 cv 01477, was filed today in U.S.  District Court for the Northern District of Illinois, Eastern Division, and has  been assigned to U.S. District Judge William J. Hibbler and U.S. Magistrate  Judge Geraldine Soat Brown. EEOC Trial  Attorney Justin Mulaire and Supervisory Trial Attorney Gregory Gochanour will  litigate the case on behalf of the government.

The EEOC regional attorney in Chicago, John Hendrickson,  said, "Unfortunately, even in times of economic stress, some employers continue  to penalize themselves through harassment and retaliation. Both may well involve exposure to awards of  damages, loss of good will, significant attorneys' fees, and other litigation  costs—not to mention major distractions from the conduct of business itself. From our perspective at the EEOC, it would  seem that, in a competitive business environment in tough times, compliance  with federal law is surely a better investment."

The  EEOC's 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.