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CHARGE OF DISCRIMINATION Charge Presented To: Agency(tes) Charge No(s):

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Named I& Iha Employer, Labor Oi'ga111mlion, Employmenl Agency, Apprenlioeehlp Commll1ee, or Stale or Local Go11emmant Agency Thal I Believe Dlsa1mtnal&O Against Me or Othena. (If more lhll/J two, dst vn<Jer PARnCUV.RS b8Jow.)

Name No. £fll'h>YH5, ..... _ l Phone NO. {lncludl1 ATH COt1•)

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o ~CE D COLOR (8]' SEX D R ELIGION D NATIONAL ORIQIN

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D 0 1$.tlBILITY D Ge NETIC INFORMATION

D CONT1NUINC3 ACTION

THE P"'RTlCU\.ARS ARi '"additional papot ii nflfldsd. 11uad111/CtrD 111111111<-)):

I want llllS charge llled v.1111 both tile EEOC and !he Stalll or local Agency, ~any. I wtl a<Mw Iha agcincloS 1r I cl'lil/109 my add,_ or phone number and I will cooperate ~Y wi1h !hem W1 the processing of my cklarge In accordance "'4th their

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SIGNATURE 01' COMPLAl N"'NT

SUBSCRtlle'P AND SWORN TO BEFORE l.E THIS DATE (monlh. day. )'NJ)

ATTACHMENT 1

U.S. Equal Employment Opportunity CommissionDetroit Field Office

477 Michigan Avenue Room 865 Detroit, MI 48226

NOTICE OF CHARGE OF DISCRIMINATION

(This Notice replaces EEOC FORM 131)

DIGITAL CHARGE SYSTEM

To:

This is notice that a charge of employment discrimination has been filed with the EEOC against your organization by Rashod Williams, under: Title VII of the Civil Rights Act (Title VII). The circumstances of the alleged discrimination are based on Retaliation and Sex, and involve issues of Discipline that are alleged to have occurred on or about Dec 15, 2015 through Jan 25, 2016.The Digital Charge System makes investigations and communications with charging parties and respondents more efficient by digitizing charge documents. The charge is available for you to download from the EEOC Respondent Portal, EEOC’s secure online system.Please follow these instructions to view the charge within ten (10) days of receiving this Notice:

1. Access EEOC’s secure online system: https://nxg.eeoc.gov/rsp/login.jsf2. Enter this EEOC Charge No.:3. Enter this password:

Once you log into the system, you can view and download the charge, and electronically submit documents to EEOC. The system will also advise you of possible actions or responses, and identify your EEOC point of contact for this charge.If you are unable to log into the EEOC Respondent Portal or have any questions regarding the Digital Charge System, you can send an email to Detroit@eeoc.gov.

ATTACHMENT 2

Preservation of Records RequirementEEOC regulations require respondents to preserve all payroll and personnel records relevant to the charge until final disposition of the charge or litigation. 29 CFR §1602.14. For more information on your obligation to preserve records, see http://eeoc.gov/employers/recordkeeping.cfm.

Non-Retaliation RequirementsThe laws enforced by the EEOC prohibit retaliation against any individual because s/he has filed a charge, testified, assisted or participated in an investigation, proceeding or hearing under these laws. Persons filing charges of discrimination are advised of these Non-Retaliation Requirements and are instructed to notify EEOC if any attempt at retaliation is made. For more information, see http://www.eeoc.gov/laws/types/facts-retal.cfm.

Legal RepresentationAlthough you do not have to be represented by an attorney while we handle this charge, you have a right, and may wish to retain an attorney to represent you. If you do retain an attorney, please provide the attorney’s contact information when you log in to the online system.

Please retain this notice for your records.

U.S. Equal Employment Opportunity Commission

FEDERAL INVESTIGATION: REQUEST FOR POSITION STATEMENT

AND SUPPORTING DOCUMENTARY EVIDENCE

§i3g\

EEOC hereby requests that your organization submit within 30 days a Position Statement setting forth all facts which pertain to the allegations in the charge of discrimination under investigation, as well as any other facts which you deem relevant for EEOC's consideration.

We recommend you review EEOC's resource guide on "Effective Position Statements" as you prepare your response to this request.

Fact-Based Position Statement This is your opportunity to raise any and all defenses, legal or factual, in response to each of the allegations of the charge. The position statement should set forth all of the facts relevant to respond to the allegations in the charge, as well as any other facts the Respondent deems pertinent to EEOC's consideration. The position statement should only refer to, but not identify, information that the Respondent asserts is sensitive medical information, or confidential commercial or financial information.

EEOC also requests that you submit all documentary evidence you believe is responsive to the allegations of the charge. If you submit only an advocacy statement, unsupported by documentary evidence, EEOC may conclude that Respondent has no evidence to support its defense to the allegations of the charge.

EEOC may release your position statement and non-confidential attachments to the Charging Party and her representative and allow them to respond to enable the EEOC to assess the credibility of the information provided by both parties. It is in the Respondent's interest to provide an effective position statement that focuses on the facts. EEOC will not release the Charging Party's response, if any, to the Respondent.

If no response is received to this request, EEOC may proceed directly to a determination on the merits of the charge based on the information at its disposal.

Signed by an Authorized Representative The Position Statement should be signed by an officer, agent, or representative of Respondent authorized to speak officially on its behalf in this federal investigation.

ATTACHMENT 3

Segregate Confidential Information into Separately Designated Attachments If you rely on confidential medical or commercial information in the position statement, you should provide such information in separate attachments to the position statement labeled "Sensitive Medical Information," "Confidential Commercial or Financial Information," or "Trade Secret Information" as applicable. Provide an explanation justifying the confidential nature of the information contained in the attachments. Medical information about the Charging Party is not sensitive or confidential medical information in relation to EEOC's investigation.

Segregate the following information into separate attachments and designate them as follows:

a. Sensitive medical information (except for the Charging Party's medical information).

b. Social Security Numbers c. Confidential commercial or financial information. d. Trade secrets information. e. Non-relevant personally identifiable information of witnesses,

comparators or third parties, for example, social security numbers, dates of birth in non-age cases, home addresses, personal phone numbers and email addresses, etc.

f. Any reference to charges filed against the Respondent by other charging parties.

Requests for an Extension If Respondent believes it requires additional time to respond, it must, at the earliest possible time'm advance of the due date, make a written request for extension, explain why an extension is necessary, and specify the amount of additional time needed to reply. Submitting a written request for extension of time does not automatically extend the deadline for providing the position statement.

Upload the Position Statement and Attachments into the Respondent Portal You can upload your position statement and attachments into the Respondent Portal using the + Upload Documents button, Select the "Position Statement" Document Type and click the Save Upload button to send the Position Statement and attachments to EEOC. Once the Position Statement has been submitted, you will not be able to retract it via the Portal.

EEOC Respondent Portal

' ifF • ".rr-jT

Charge of Discrimination User Guide Logout

Your Organization: Your EEOC contact is : Contacts© Update Organization Name

Add Organization Contact

Joseph J. Vogan (Primary)

Attorney for Employer Varnum LLP P.O. Box 352 Grand Rapids, Ml 49501-0352 JJvogan@vamuml3w.com (616) 336*6666 (main) (616) 336-7000 (fax) Jiodais Delete

provide a statement of your position on the Issues covered in the charge, with any supporting documentation by March 19, 2018. For guidance on how to best prepare your Position Statement, otease review Effective Position

Required Statements, as EEOC has revised Its procedures related to the content and release of position statements, effective January 1,2016.

You may be notified at a later date to respond to a Request for Information

Charge:

The charge of employment discrimination that has been filed against your organization by Charge No. Is available for you to view. Please click here to onen and uipw a copy of the charge.

Statutes and circumstances of alleged discrimination:

• Title VII of the Civil Rights Act (Title VH) • Ssx

; Update Delete

( Add Legal Representative

No records found. Would you like to participate in the Mediation of this charge?

Charge Documents your Partner in '"Y/orkpfacc SoCutions

We Invite you to participate In the EEOC's Mediation Program , Mediation Is a no-cost,

voluntary, and confidential opportunity to work with a third party neutral and the Charging Party to discuss and resolve the EEOC Charge before the EEOC investigates the charge. If you choose to participate in mediation; you are not required to submit a position statement or to submit a response to the charge at this time. If the matter Is resolved through

mediation, no EEOC Investigation will occur.

; Yes Upload Documents

Notice of Charge (Notice of Charge)

$ 3tjU regarding Charge • Undecided

• t&J ̂• IM

'}prJ J i i No

Confirm •

- Why Mediation? -

3/14/2018 https://nxg.eeoc.gov/rsp/jsf/chargenotice.jsf

ATTACMENT 4

ATTACHMENT 5

ATTACHMENT 5

ATTACHMENT 5

EEOC Fe<m 161 (11109)

To

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

DISMISSAL AND NOTICE OF RIGHTS

From: Detroit Field Office 477 Michigan Avenue Room 865 Detroit, Ml 48226

D On behalf of person(s) aggrieved whose identity is CONFIDENTIAL (29 CFR §1601.7(a)J

EEOC Charge No.

EEOC Representative

Colleen M. OBrien, Investigator

THE EEOC 15 CLOSING ITS FILE ON THIS CHARGE FOR THE FOLLOWING REASON:

Telephone No

(313) 226-2361

D The facts alleged in the charge fail to state a claim under any or the statutes enforced by the EEOC.

Your allegations did not involve a disability as defined by the Americans With Disabilities Act. D D D

The Respondent employs less than the required number of employees or is not otherwise covered by the statutes.

Your charge was not timely filed with EEOC: in other words, you waited too long after the date(s) of the alleged discrimination to tile your charge

[]] The EEOC issues the following determination: Based upon its investigation, the EEOC is unable to conclude that the information obtained establishes violations of the statutes. This does not certify that the respondent is in compliance with the statutes. No finding is made as to any other issues that might be construed as having been raised by this charge.

D The EEOC has adopted the findings of the state or local fair employment practices agency that investigated this charge.

D Other (briefly state)

- NOTICE OF SUIT RIGHTS -(See the additional information attached to this form.)

Title VII, the Americans with Disabilities Act, the Genetic Information Nondiscrimination Act, or the Age Discrimination in Employment Act: This will be the only notice of dismissal and of your right to sue that we will send you. You may file a lawsuit against the respondent(s) under federal law based on this charge in federal or state court. Your lawsuit must be filed WITHIN 90 DAYS of your receipt of this notice; or your right to sue based on this charge will be lost. (The time limit for filing suit based on a claim under state law may be different.)

Equal Pay Act (EPA): EPA suits must be filed in federal or state court within 2 years (3 years for willful violations) of the alleged EPA underpayment. This means that backpay due for any violations that occurred more than 2 years (3 years) before you file suit may not be collectible.

Enclosures(s)

cc: f Webster N. Smith,

'ti\ District Director (Date Mailed)

ATTACHMENT 6

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

NOTICE OF RIGHT TO SUE (ISSUED ON REQUEST)

EEOC Form 161-B (11/16)

From; Detroit Field Office 477 Michigan Avenue Room 865 Detroit, Ml 48226

To:

[ j On behalf ofporson(s} aggrieved whose identity is CONFIDENTIAL {29 CFR §1601.7(a))

EEOC Charge No. EEOC Representative

Johnnie R. King, Investigator

Telephone No.

471-2017-02873 (313) 226-6037 (See also the additional information enclosed with this form.)

NOTICE TO THE PERSON AGGRIEVED;

Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act (ADA), or the Genetic information Nondiscrimination Act (GINA): This is your Notice of Right to Sue, issued under Title VII, the ADA or GINA based on the above-numbered charge. It has been issued at your request. Your lawsuit under Title VII, the ADA or GINA must be filed in a federal or state court WITHIN 90 DAYS of your receipt of this notice; or your right to sue based on this charge will be lost. (The time limit for filing suit based on a claim under state law may be different.)

[" X | More than 180 days have passed since the filing of this charge.

L I Less than 180 days have passed since the filing of this charge, but I have determined that it is unlikely that the EEOC will be able to complete its administrative processing within 180 days from the filing of this charge.

| X ] The EEOC is terminating its processing of this charge.

[ j The EEOC will continue to process this charge.

Age Discrimination in Employment Act (ADEA): You may sue under the ADEA at any time from 60 days after the charge was filed until 90 days after you receive notice that we have completed action on the charge, In this regard, the paragraph marked below applies to your case;

L ] The EEOC is closing your case Therefore ',«lawsuit under the ADEA must be filed in federal or state court WITHIN 90 DAYS of yoitc receipt of tins Notice. Otherwise, your to r.i.^ hasp'1 on the above-numbered charge will be lost.

[ "~~j The EEOC is continuing its handling of your ADEA case. Hovyever, if 60 days have passed since the filing of the charge, you may file suit in federal or state court under the ADEA at this lime.

Equal Pay Act (EPA); You already have the right to sue under the EPA (filing an EEOC charge is not required,) EPA suits must be brought in federal or state court within 2 years (3 years for willful violations) of the alleged EPA underpayment. This means that backpay due for' any violations that occurred more than 2 years (3 years) before you file suit may not be collectible,

If you tile suit, based on this chc. e, please send a copy of your court complaint to this office.

On behalf of the Commission

1 1 7 / 'S , AEiu.r (Date Malted) Enclosures(s) ' .Ac?V^icbolie Eisele,

\ District Director

cc; ^Unmiitilnnriy

lOililiAltmniOiiwuyOtW Wji JilillljjfiW1 lO'B'DO—

ATTACHMENT 7

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Detroit Field Office

477 Michigan venue, Room 865 clroil, Ml 48226

De1ro1l Direcl Di; I: (JI J) 226-4600 F X (JI J )226-2778

Wcbs1 c: www.ceoc.gov

ChargeNumber

Charging Party

Respondent

DETERMINATION

Under the authority vested in me by the Commission, I issue the following determi ation on the merits of this charge.

The Respondent is an employer within the meaning of Title VII of the Civil Rights ct of 1964, as amended (Title VII), and timeliness and all other requirements for coverage have ten met.

The Charging Party alleges he was discharged in retaliation for participating in a protected activity in violation of Title VII. The Respondent denies the allegations. The i vestigation revealed there is reasonable cause to believe that on Char ing Party's employment was terminated in retaliation for filing an EEOC charge on

When the Commission determines that there is reason to believe that a violation ha occurred, it shall endeavor to eliminate the alleged unlawful employment practice by informal methods of conference, conciliation, and persuasion. Having determined that there is reason to ~elieve that a violation has occurred, the Commission now invites the parties to join with it in a collective effort toward a just resolution of this matter. A conciliation agreement containing he types of relief necessary to remedy the violation of the statutes is included for your review .. isclosure of information obtained by the Commission during the conciliation process will e made in accordance with the Commission's Procedural Regulations.

When the Respondent declines to enter into settlement discussions, or w en e representative for any other reason is unable to secure a settlement acceptable to the Director, the Director shall so inform the parties in writing and advise them enforcement alternative available to the Charging Party, aggrieved persons, and the ommission.

Date

On Behalf of the Commission:

0 ~Michelle Eisele ~District Director

ATTACHMENT 8

TABUi OF CONTENT§

SECTION PAGE

I. GENERAL PROVISIONS 2

n. CESSATION PROVISION 3

m. CHARGING PARTY and CLASS RELIEF 3

JV. POLICY RELIEF 3

v. POSTING 4

VI. REPORTING PROVISIONS 4

vu. SIGNATURE PAOE s

APPENDIX A: POSTED NOTICE 6

ATTACHMENT 9

ATTACHMENT 10

EEOC/MDCR INVESTIGATIONS:

How to Achieve the Best Results

I. ELEMENTS OF PROOF A. Discrimination Claim 1. Claimant was subjected to "adverse" employment action.

2. Adverse employment action was "because of" the Claimant's "protected status."

B. Retaliation Claim 1. Claimant engaged in "protected activity." 2. Claimant was subjected to "adverse" employment action.

3. Adverse employment action was "because of" the protected activity.

C. Hostile Environment Claim

1. Claimant was subject to "unwelcome" conduct that was "discriminatory" in nature.*

2. Conduct was sufficiently "severe or pervasive" so as to create a

hostile working environment. 3. Employer knew or should have known of the conduct. 4. Employer failed to take appropriate remedial action.

ATTACHMENT 10

D. Quid Pro Quo Sex Harassment Claim

1. Plaintiff was subjected to "unwelcome" requests for sexual favors, sexual advances or other verbal or physical conduct or communication of a sexual nature; and

2. The Employer

a. made the plaintiff’s submission to such conduct or communication a term or condition to obtain employment; or

b. plaintiff’s submission to or rejection of such conduct or

communication as a factor in a decision affecting the plaintiff’s employment.

E. Failure to Accommodate (Disability)

1. Claimant was disabled within the meaning of the ADA or PWDRCA.

2. Claimant requested an accommodation. 3. The Employer failed to provide a reasonable accommodation. 4. The Claimant suffered adverse consequences.

F. Failure to Accommodate (Religious Belief) 1. The Claimant had a sincerely held religious belief.

2. The Claimant requested accommodation. 3. The Employer failed to provide a reasonable accommodation. 4. The Claimant suffered adverse consequences.

ATTACHMENT 10

II. RELEVANT CONSIDERATIONS A. Discrimination Claim

1. Did the Employer have a legitimate non-discriminatory reason for its action?

2. Does the evidence support the Employer's explanation? 3. Does the Employer's action comport with company policy? 4. Does the Employers action comport with the information in the

Claimant's personnel file?

5. Does the Employers action comport with past practices, especially as to those outside the protected group?

6. Did the Employer conduct a reasonable investigation prior to

making the decision? 7. Is the decision-maker a member of the protected group? 8. Was the decision-maker also involved in the decision to hire the

Claimant? 9. Has the decision-maker made any statements that would be

indicative of bias or prejudice toward the protected group? 10. Has the Employer "shifted" positions?

B. Retaliation Claim

1. Did the Employer have a legitimate non-discriminatory reason for its action?

2. Does the evidence support the Employer's explanation? 3. Does the Employer's action comport with company policy?

ATTACHMENT 10

4. Does the Employer's action comport with the information in the Claimant's personnel file?

5. Does the Employer's action comport with past practices,

especially as to those outside the protected group? 6. Did the Employer conduct a reasonable investigation prior to

making the decision? 7. Is the decision-maker a member of the protected group? 8. Was the decision-maker also involved in the decision to hire the

Claimant? 9. Has the decision-maker made any statements that would be

indicative of bias or prejudice toward the protected group? 10. Has the Employer "shifted" positions? 11. Was the decision-maker aware of the Claimant's protected

conduct? 12. Was the adverse action close in time to when the Claimant

engaged in protected activity? 13. Did the Employer's behavior change after the Claimant engaged

in the protected activity? 14. Did the decision-maker express any anger, disappointment or

negativity concerning the Claimant's protected activity? C. Hostile Environment Harassment Claim 1. What are the behaviors to which the Claimant was subjected? 2. How often did it happen?

3. Was the Claimant subjected to any behaviors of a physical nature or was it only verbal?

ATTACHMENT 10

4. Was the Claimant subjected to any behaviors that were

physically threatening? 5. Were these the kinds of behaviors that would be offensive to

someone of a particular race, gender, age, etc.? 6. Were these behaviors directed to the Claimant because of the

Claimant's race, gender, age, etc. 7. Did the Claimant say or do anything that would encourage such

behaviors? 8. Did the Company know or have reason to know of what was

happening? 9. What, if anything, did the Company do to prevent thos

behaviors form happening? 10. What, if anything, did the company do to correct the situation?

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