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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF ARKANSAS' ~'

"''''i''''' WESTERN DIVISION J 1"1II·t.-,.. IAI ' '1V:_ _ IV. _ lliICC_ Of'M_ACt< CLERK

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff,
v,

)

)

)

)

CIVIL ACTION NO

)

4 -02 . c V • Q 05 3 0 WRW

)

COMPLAINT

PARTS WAREHOUSE. INC.

Defendant.

NATURE OF THE ACTION This is an action under Title VII of the Civil Rights Act of 1964. as amended ("Title ViI"), and Title I ot' the Civil Rights Act of 1991 to correct unlawful employment practices and t~ provide appropriate relicCto Joe Davis, Michael Cole, Clifton Hill, Victor Howell, Ashley James, Derrick Wright Doug Sims, Brice Herron and a class of Black employees who have been adversely affected by such practices. The unlawful employment practices include, but are not limited to, employees being subjected to a racially hostile work environment and subjected to different terms and conditions of employment based on race. In addition. employees were subjected to retaliation for complaining about harassment and other race discrimination and for tiling charges of discrimination with the Equal Employment Opportunity Commission.
JURISDICTION AND VENUE 1. lurisdictionofthis Court is invoked pursuant to 28 U.s.C. §§451.1331, 1337,1343, and 1345. This is an action authorized and instituted pursuant to §706(t)(l) and (3) and §706 and

§707 of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.c. §2000e, et~. ("Title VII").
2. The employment practices alleged to be unlawful were and are now being committed within the jurisdiction of the United States District Court for the Eastern District of Arkansas, Western Division.
PARTIES 3. Plaintiff, Equal Employment Opportunity Commission (the "Commission") is an agency of the United States of America charged with the administration, interpretation, and enforcement of Title VII and is expressly authorized to bring this action by §706(f)(l) and (3) and §707 ofTitle VII, 42 U.S.c. §2000-5(f). 4. At all relevant times, Parts Warehouse ("Defendant Employer"), was a corporation doing business in the State of Arkansas and the City of Little Rock and has continuously had at least jjflcca (15) employees. The parcnt corporation for Parts Warehouse. Inc. is Replacement Parts, Inc. 5. At all relevant times, Defendant Employer has continuously been and is now an employer engaged in an industry affecting commerce within the meaning of §701(b), (g), and (h) of Title VII, 42 U.S.c. §2000e(b), (g), and (h).
STATEMENT OF CLAIMS 6. More than thirty (30) days prior to the institution of this lawsuit, Joe Davis, Michael Cole, Clifton HilL Victor HowelL Ashley James, Derrick Wright, Doug Sims, and Brice Herron filed charges of discrimination with the Commission alleging violations ofTitle VII by Defendant. All conditions precedent to the institution of this lawsuit have been fulfilled.

7

From at least on or around January 1, 1999, and continuing, Defendant Employer

has engaged in unlawful employment practices at its facility in Little Rock, Arkansas, in

violation of §703(a) of Title VII, as amended, 42 U.S.c, §2000e-2(a). The unlawful practices

include, but are not limited to sUbjecting Joe Davis, Michael Cole, Clifton Hill, Victor Howell,

Ashley James, Derrick Wright, Doug Sims, Brice Herron, and Black employees as a class to a

racially hostile work environment and to different terms and conditions of employment. In

addition, employees were subjected to retaliation for complaining to Respondent's management

about harassment and other race discrimination and for filing charges of discrimination with the

Equal Employment Opportunity Commission.

Defendant failed to take prompt remedial

action to protect Joe Davis, Michael Cole, Clifton Hill, Victor Howell, Ashley James, Derrick

Wright. Doug Sims, Brice Herron, and a class of Black employees from race discrimination and

retaliation in the workplace.

8. The racial harassment in the workplace included, but was not limited to, graphic

racial comments by hourly employees and supervisory employees, racist graffiti in the workplace,

threats of a racist nature directed towards Black employees "nd other racist behavior directed

towards Joe Davis, Michael Cole, Clifton Hill, Victor Howell, Ashley James, Derrick Wright,

Doug Sims, Brice Herron, and a class of Black employees. The conduct was offensive,

unwelcome, and pervasive in nature.

9. Black employees were subjected to different terms and conditions of employment

due to their race including, but not limited to, more adverse work assignments than White

employees and assignment to isolated work areas. Employees who complained about or

otherwise opposed the racially hostile work environment and other race discrimination were

3

subjected to retaliation by Respondent. The retaliation is ongoing in nature.

10. The effect of the practices complained of above has been to deprive Joe Davis,

Michael Cole, Clifton Hill, Victor Howell, Ashley James, Derrick Wright, Doug Sims, Brice '.

Herron, and the class of Black employees of equal employment opportunities and otherwise

adversely affect their status as employees.

I I. The unlawful employment practices complained of above were and are

intentional.

12. Defendant Employer at all relevant times acted with malice or reckless

indifference to the federally protected rights of Joe Davis, Michael Cole, Clifton Hill, Victor

Howell. Ashley James, Derrick Wright, Doug Sims, Brice Herion, and the class of Black

employees.

PRAYER FOR RELIEF

WHEREFORE, the Commission respectfully prays that this Court:

A.

Grant a permanent injunction enjoining the Defendant Employer. its officers,

successors, assigns and all persons in active concert or participation with it, from engaging in any

employment practice which discriminates on the basis of race under Title VII of the Civil Rights

Act of 1964, as amended.

B. Order Defendant Employer to institute and carry out policies, practices, and

programs which provide equal employment opportunities which eradicate the effects of its past

and present unlawful employment patterns and practices.

C. Order Defendant Employer to make whole Joe Davis, Michael Calc, Clifton Hill,

Victor Howell. Ashley James. Derrick Wright. Doug Sims. Brice Herron. and a class of Black

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employees who were subjected to Defendant's patterns and practices of race discrimination, racial harassment, and/or retaliation by providing appropriate back pay with prejudgment interest, in amounts to be determined at trial, and other affirmative relief necessary to eradicate the effects of its unlawful employment practices, including but not limited to, reinstatement or placement in a position.
D. Order Defendant Employer to make whole Joe Davis, Michael Cole, Clifton Hill, Victor Howell, Ashley James, Derrick Wright, Doug Sims, Brice Herron, and a class of Black employees who were subjected to Defendant's patterns and practices of race discrimination, racial harassment, and/or retaliation by providing compensation for past and future pecuniary losses resulting from the unlmvful employment practices described above, including relocation expenses, job search expenses, and medical expenses, in amounts to be determined at trial.
E. Order Defendant Employer to make whole Joe Davis, Michael Cole, Clifton Hill, Victor Howell, Ashley James, Derrick Wright, Doug Sims, Brice Herron, and a class of Black employees who were subjected to Defendant's patterns and practices of race discrimination, racial harassment, and/or retaliation by providing compensation for past and future non pecuniary losses resulting from the unlawful practices complained of above, including emotional pain, suffering, embarrassment, inconvenience, loss of enjoyment of life and humiliation, in amounts to be determined at trial.
F. Order Defendant Employer to pay Joe Davis, Michael Cole, Clifton Hill, Victor Howell. Ashley James, Derrick Wright, Doug Sims, Brice Herron, and a class of Black employees who were subjected to Defendant's patterns and practices of race discrimination, racial harassment. and/or retaliation punitive damages for its malicious and/or reckless conduct.
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in an amount to be determined at trial.

G. Order Defendant Employer to pay Joe Davis, Michael Cole, Clifton Hill, Victor

Howell, Ashley James, Derrick Wright, Doug Sims, Brice Herron, and a class of Black

employees all the relief to which they are entitled for Defendant's illegal acts of constructive

discharge.

H. Grant such further relief as the Court deems necessary and proper.

1.

Award the Commission its costs in this action.

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JURY TRIAL DEMAND The Commission requests a jury trial on all questions offact raised by its Complaint.
NICHOLAS INZEO Acting Deputy General Counsel
ZGWENDOLYN YOUNG REAMS
A te G ne al Counsel
Superv sorv Trial
.~ -----
lAM A. CASH, JR. Senior Trial Attorney
lf4vL- AR/#tPif~8;1;L..
PAMELA B. DIXON Senior Trial Attorney AR# 95085 EQUAL EMPLOYMENT OPPORTUNITY
COMMISSION Little Rock Area Office 820 Louisiana St.. Ste. 200 Little Rock. Arkansas 72201 Telephone: (50 I) 324-5539
(501) 324-5065
7

 
 lJ.follmJ:n IN
FOR

THE THE

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS EASTfil1N

t:iISrl'!~PtT

WESTERN DIVISION

KANSAS

OfC 16 Z003

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,

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a JAYM:c~~~~A,EDREIP.(CL~

Plaintiff,

)

CIVIL ACTION NO.

)

4:02CV00530 WRW

)

v.

)

)

)

PARTS WAREHOUSE, INC.

)

)

Defendant.

)

CONSENT DECREE

The Equal Employment Opportunity Commission (hereinafter

referred to as the ("EEOC") initiated the above-referenced Cause on

August 22, 2002, against Parts Warehouse, Inc. (the "Defendant") to

enforce the provisions of Title VII of the Civil Rights Act of

1964, (Title VII) as amended, 42 U.S.C. § 2000e et ~., and the

Civil Rights Act of 1991, 42 U.S.C. §1981a. The EEOC alleged that

the Defendant subj ected Joe Davis, Michael Cole, Clifton Hill,

Victor Howell, Ashley James, Derrick Wright, Doug Sims, Brice

Herron and a class of Black employees to unlawful employment

practices.

The alleged unlawful employment practices included,

but were not limited to, employees being subjected to a racially

hostile work environment and subjected to different terms and

conditions of employment based on race. In addition, employees

II. SCOPE AND DURATION OF DECREE A. This Consent Decree resolves all issues and claims arising out of Plaintiff's Complaint in this cause, alleging inter al ia unlawful employment practices maintained by Defendant and arising out of the EEOC charge filed by Joe Davis - Charge No. 251-A2-00322; the EEOC charge filed by Michael Cole - Charge No. 251-A2-00378; the EEOC charge filed by Clifton Hill - Charge No. 251-A2-00382; the EEOC charge filed by Victor Howell - Charge No. 251-A2-00371; the EEOC charge filed by Ashley James - Charge No. 251-A2-00370; the EEOC charge filed by Derrick Wright - Charge No. 251-A2-00345; the EEOC charge filed by Doug Sims - Charge No. 251A2-00389; the EEOC charge filed by Brice Herron - Charge No. 251A2-00398;and the EEOC charge filed by Antione Davis - Charge No. 251-A2-01458. Notwithstanding any provisions contained in this Decree, this agreement shall not be considered in any manner to be dispositive of any charge now pending before any office of the EEOC other than EEOC Charge Nos. 251-A2-00322, 251-A2-00378, 251-A200382, 251-A2-00371, 251-A2-00370, 251-A2-00345, 251-A2-00389, 251-A2-00398 and 251-A2-01458. B. The provisions of this Consent Decree shall continue to be effective and binding upon the parties to this action for a period of three years from the date of the entry of this decree except, as provided herein.
III. NON-DISCRIMINATION PROVISION A. Defendant, its officers, agents, employees, and

all persons acting in concert with the Defendant are hereby enjoined from engaging in any employment practice which has the purpose or effect of discriminating against any employee because of their race in violation of Title VII of the Civil Rights Act of 1964, as amended. Defendant is enjoined from permitting its employees to be subjected to a racially hostile work environment in violation of Title VII of the Civil Rights Act of 1964, as amended.
B. Defendant, its officers, agents, employees, and all persons acting in concert with Defendant are hereby enjoined from retaliating against any employee for opposing discriminatory employment practices made unlawful under Title VII of the Civil Rights Act of 1964, as amended.
IV. TRAINING A. Defendant has trained its supervisors and managers in the requirements of Title VII of the Civil Rights Act of 1964, as amended, regarding the prevention of racial harassment, race discrimination, and retaliation. Certification of the training session will be provided within thirty days (30) days of the entry of this decree. A list of the supervisors and managers who attended the training session, a copy of the syllabus, and a copy of the training materials will be provided to the EEOC within thirty (30) days of the entry of this decree. Defendant agrees to conduct such training on an annual basis. B. Defendant has provided or will provide a copy of its racial harassment policy to all of its employees at the Parts

Warehouse, Inc. facility in Little Rock within thirty (30) days of the entry of this decree.
C. Defendant has conducted a training session on the prevention of racial harassment and race discrimination for all the non-supervisory employees at its Little Rock facility. A list of the employees who attend the training session, a copy of the syllabus, and a copy of the training materials has been or will be provided to the EEOC within thirty (30) days of the training session. Defendant agrees to conduct such training on an annual basis.
V. REMEDIAL RELIEF A. Defendant agrees to monitor its restrooms, equipment and other facilities for the existence of graffiti of a racist nature. Defendant agrees to remove or cover up any racist graffiti in the workplace, as soon as practicable after Defendant becomes aware of such graffiti. B. Defendant agrees to provide training opportunities for qualified Black employees in an effort to promote Black employees to supervisory and managerial positions in its Little Rock facility.
VI. NON-RETALIATION PROVISION Defendant, its officers, agents, employees, and all persons acting in concert with Defendant shall not take any retaliatory action, against any employee for opposing practices made unlawful under Title VII of the Civil Rights Act of 1964, as amended, or for

making a charge or complaint to the EEOC, testifying, assisting or participating in any manner in any investigation, proceeding or hearing under Title VII of the Civil Rights Act of 1964, as amended.
VII. NOTICE Defendant shall continue to conspicuously post at its facility in Little Rock the notice (poster) required to be posted pursuant to Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. §2000e-l0. Furthermore, Defendant shall conspicuously post the notice at Appendix A of this Decree at its facility in Little Rock for a one year period commencing within twenty (20) days after entry of this Decree by the Court.
VIII. REPORTING Defendant will provide three reports to the EEOC. The first report will be submitted within six (6) months of entry of the decree. The second report will be submitted within eighteen (18) months of entry of the decree. The third report will be submitted within thirty five (35) months of entry of the consent decree. Each report will describe all complaints of race discrimination at the Little Rock facility, describe the investigation conducted by Defendant in response to each complaint and indicate how the complaint was resolved. Each report will also state if Defendant has discovered any racist graffiti and what action was taken to eliminate the racist graffiti. Each report will describe Defendant's training of supervisors, managers and

hourly employees in the requirements of Title VII of the Civil Rights Act of 1964, as amended, as set forth herein.
Each report will be forwarded to William A. Cash Jr., Senior Trial Attorney of the Little Rock Area office of the EEOC.

IX. INDIVIDUAL RELIEF

A.

Defendant shall expunge from the personnel records of Joe

Davis, Michael Cole, Victor Howell, Doug Sims, Brice Herron, and

Antoine Davis any unfavorable or adverse personnel comments

regarding any aspect of their employment with Defendant, except

those necessary to comply with any reporting requirements mandated

by the United States Department of Transportation. Defendant has

agreed to modify the personnel records of Ashley James as specified

in his individual release.

B. Within thirty days of entry of the decree, the EEOC will

inform Defendant in writing of the monetary relief to be paid to

Charging Parties and class members. The total of the monetary

relief will not exceed gross payment of $220,000. Within thirty

days of receipt of the written notification of monetary relief to

be paid to Charging Parties and class members and upon receipt of

releases from the Charging Parties and class members, Defendant

will forward to the Charging Parties and class members payroll

checks payable to those class members in the gross amount indicated

by the EEOC.

Defendant will issue 1099 forms to the class

members.

x. NEUTRAL REFERENCE
A. Defendant agrees to give a neutral reference to any potential employers of Joe Davis, Michael Cole, Clifton Hill, Victor Howell, Ashley James, Derrick Wright, Doug Sims, Brice Herron, Antoine Davis or any class members who request a job reference; provided however, Defendant must comply with any reporting requirements mandated by the United States Department of Transportation. Any such neutral reference shall be identical to the form demonstrated in Appendix B. No mention of the EEOC charges of discrimination or this action will be made as part of the neutral reference or any report made pursuant to United States Department of Transportation regulations.
XI. COSTS EEOC and Defendant shall bear their own costs, including attorneys' fees.

~YOF~6v/ so ORDERED THIS

, 2003.

~
UNITED STATES DISTRICT JUDGE

FOR DEFENDANT:
R
Cross, Gunter, Witherspoon & Galchus, P.C.
500 President Clinton Ave. Suite 200 P.O. Box 3178 Little Rock, AR 72201 (501) 371-9999
Fl.Erc::HE:R WRD
CHIEF EXECm'IVE OFFICER

FOR THE COMMISSION: ERIC S. DRIEBAND General Counsel
JAMES L. LEE Deputy General Counsel
GWENDOLYN YOUNG REAMS Associate General Counsel
TERRY BECK Regional Attorney

PAMELA B. DIXON Senior Trial Attorney EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 820 Louisiana St., Ste. 200 Little Rock, AR 72201 (SOl) 324-5539 (501) 324-5065

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APPENDIX A NOTICE

NOTICE
AS PART OF A CONSENT DECREE WITH THE EEOC.
1. Parts Warehouse, Inc. (PWI)has agreed to post this notice for one year to reinforce the company's policies concerning and commi tment to the prevention of racial harassment, race discrimination and retaliation against any employee.
2. Federal law and the company's policies, attached hereto, prohibit an employer from taking retaliatory action against any employee for opposing practices made unlawful under Title VII of the Civil Rights Act of 1964, as amended.
3 . Federal law and the company's pol icies, prohibit racial harassment and race discrimination in the workplace. PWI does not tolerate racist comments, jokes or the use of racial slurs in the workplace. PWI will not tolerate racist graffiti in the restrooms or in other areas. PWI will not base its treatment of employees on the race of the employee. Federal law and PWI policies prohibit these types of discrimination.
4. PWI supports and will comply with such Federal law in all respects and will not take any action against employees because they have exercised their rights under the law by filing charges with the Equal Employment Opportunity Commission and/or testifying, assisting or participating in any manner in any investigation, proceeding or hearing under Title VII of the Civil Rights Act of 1964, as amended.
5. Any employee who witnesses any act of race discrimination or believes that he or she is a victim of such discrimination should report the conduct to a supervisor or manager, pursuant to PWI's policies.
Fletcher Lord, President Parts Warehouse, Inc.
DATE

APPENDIX B NEUTRAL REFERENCE

To Whom it May Concern:

This letter is in response to your inquiry regarding the employment

of

while employed at Parts Warehouse, Inc.

worked at Parts Warehouse, Inc. as a

from

through __________~_

Company policy does not permit us

to give out any more information concerning

's

employment.

Very truly yours,

PARTS WAREHOUSE, INC.

bm UNITED STATES DISTRICT COURT Eastern District of Arkansas
U.S. Court House 600 West Capitol, Suite 402 Little Rock, Arkansas 72201-3325
December 17, 2003
* * MAILING CERTIFICATE OF CLERK * *
Re: 4:02-cv-00530.
True and correct copies of the attached were mailed by the clerk to the following:
William A. Cash Jr., Esq. Equal Employment Opportunity Commission 820 Louisiana Street Suite 200 Little Rock, AR 72201
Pamela B. Dixon, Esq. Equal Employment Opportunity Commission 820 Louisiana Street Suite 200 Little Rock, AR 72201
Terry Beck, Esq. Equal Employment Opportunity Commission 1407 Union Avenue Suite 621 Memphis, TN 38104
Katharine W. Kores, Esq. Equal Employment Opportunity Commission 1407 Union Avenue Suite 621 Memphis, TN 38104
Russell A. Gunter, Esq. Cross, Gunter, Witherspoon & Galchus, P.C. 500 President Clinton Avenue, Suite 200 Post Office Box 3178 Little Rock, AR 72203-3178
press post

Date:

James W. McCormack , Clerk

BY:

,~

 
 CM/ECF - ARED - LIVE

https://ecf.ared.uscourts.gov/cgi-bin/DktRpt.pl?501467463180985-L_1...

DISC, HLJ, TERMED
U.S. District Court Eastern District of Arkansas (Little Rock) CIVIL DOCKET FOR CASE #: 4:02-cv-00530-WRW

EEOC v. Parts Warehouse Inc Assigned to: Judge William R. Wilson, Jr Demand: $0 Case in other court: Cause: 42:2000e Job Discrimination (Employment)

Date Filed: 08/22/2002 Date Terminated: 12/16/2003 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

Plaintiff
Equal Employment Opportunity Commission

represented by Katharine W. Kores Equal Employment Opportunity Commission - Memphis 1407 Union Avenue Suite 901 Memphis, TN 38104 (901) 544-0135 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Pamela B. Dixon Equal Employment Opportunity Commission - Little Rock 820 Louisiana Street Suite 200 Little Rock, AR 72201 (501) 324-5065 Email: pamela.dixon@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Terry Beck Equal Employment Opportunity Commission - Memphis 1407 Union Avenue Suite 901 Memphis, TN 38104 (901) 544-0138 LEAD ATTORNEY ATTORNEY TO BE NOTICED

William A. Cash, Jr. Equal Employment Opportunity

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CM/ECF - ARED - LIVE

https://ecf.ared.uscourts.gov/cgi-bin/DktRpt.pl?501467463180985-L_1...

V. Defendant Parts Warehouse Inc

Commission - Little Rock 820 Louisiana Street Suite 200 Little Rock, AR 72201 (501) 324-5539 Email: william.cash@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Russell A. Gunter Cross, Gunter, Witherspoon & Galchus, P.C. - Little Rock Post Office Box 3178 Little Rock, AR 72203-3178 (501) 371-9999 Email: rgunter@cgwg.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed 08/22/2002 09/09/2002 10/02/2002 10/04/2002
12/19/2002 04/28/2003
07/03/2003 07/16/2003

# Docket Text
1 COMPLAINT with jury demand/fee waived (summons were not issued) (jap) (Entered: 08/23/2002)
2 WAIVER OF SERVICE OF SUMMONS upon defendant Parts Warehouse Inc on 8/29/02 (bsm) (Entered: 09/10/2002)
3 ANSWER by defendant (bsm) (Entered: 10/03/2002)
4 INITIAL SCHEDULING ORDER (DOC) Rule 26(f) Conference set 12/11/02; Rule 26(f) Report due 12/26/02; Jury trial set for 9:00 a.m. 9/8/03 in Little Rock; Rule 16(b) Conference set 1/2/03 (cc: all counsel) (maj) (Entered: 10/04/2002)
5 JOINT RULE 26(f) REPORT by plaintiff and defendant (bmt) (Entered: 12/20/2002)
6 FINAL SCHEDULING ORDER (DOC); jury trial set for 9:00 9/8/03 in Little Rock; discovery due 7/8/03; pretrial info sheet due 8/8/03 (cc: all counsel) (bmt) (Entered: 04/29/2003)
7 JOINT MOTION by parties for continuance to pursue settlement (vjt) (Entered: 07/07/2003)
8 ORDER by Judge William R. Wilson denying motion for continuance [7-1]; case is referred to Magistrate Judge Henry L. Jones for a Settlement Conference at the Court's earliest convenience; case is set for jury trial on 9/8/03 in Little Rock, AR (cc: all counsel) (bsm) Modified on 07/17/2003 (Entered: 07/16/2003)

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07/22/2003 07/31/2003
09/09/2003 12/16/2003

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9 ORDER (DOC) Settlement Conference scheduled for 9:30 7/31/03 before U.S. Magistrate Henry L. Jones ; parties shall furnish Court by 7/29/03 with a statement of the issues, at this point, that prevent a settlement of this case (cc: all counsel) (bsm) Modified on 07/23/2003 (Entered: 07/22/2003)
CLERK'S MINUTES: A settlement conference was held with Magistrate Judge Henry L. Jones, Jr. with Wm. Cash, Terry Beck, and Helen Winn present for Plaintiff and Russell A. Gunter, Andrew Faulker, Bill Slatterer, and Francine Barton present for Defendant. The parties were unable to come to a settlement agreement and the settlement conference ended. (rmw) (Entered: 07/31/2003)
10 FINAL SCHEDULING ORDER (DOC) jury trial set for 9:00 4/19/04 in Little Rock, AR before Judge William R. Wilson; discovery due 2/4/04; pretrial info sheet due 3/20/04 (cc: all counsel) (bsm) (Entered: 09/10/2003)
11 CONSENT DECREE: by Judge William R. Wilson that deft, its officers, agents, employees, and all persons acting in concert with deft are enjoined from retaliating against any employee for opposing discriminatory employment practices made unlawful under Title VII of the Civil Rights Act of 1964 as amended, or for making a charge or complt to the EEOC, testifying, assisting or participating in any manner in any investigation, proceeding or hearing; deft's requirements to the EEOC are listed in this Order; the EEOC, w/in 30 days of the entry of the decree, will inform deft in writing of the monetary relief to be paid to charging parties and class members; the total of the monetary relief will not exceed gross payment of $220.000; EEOC and deft shall bear their own costs, including attys' fees; provisions of this Consent Decree shall continue to be effective and binding upon the parties to this action for a period of 3 years from the date of the entry of this decree except as provided in this Order; this Court has jurisdiction over the parties and subject matter of this litigation; terminating case (cc: all counsel) (bsm) (Entered: 12/17/2003)

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 EEOC LITIGATION SETTLEMENT REPORT - December 2003

http://www.eeoc.gov/litigation/settlements/settlement12-03.html

EEOC v. Parts Warehouse, Inc. No. 4-02-CV-00530 (E.D. Ark. Dec. 17, 2003)
The Memphis District Office brought this Title VII action on behalf of a class of African American employees, alleging that defendant subjected them to racial harassment, unfavorable terms and conditions of employment based on race, and retaliation for complaining about race discrimination internally and filing charges with the EEOC. The case was resolved by a three-year consent decree that enjoins defendant from engaging in discrimination or harassment on the basis of race and from retaliating against any employee who opposes discriminatory employment practices. The decree requires defendant to pay a total sum of $220,000 to 10 individuals, to expunge the personnel records of seven specific claimants of any unfavorable or adverse comments regarding their employment with defendant, and to provide a neutral job reference to any class member who requests one.
Defendant also agrees to monitor its restrooms, equipment, and facilities for the existence of racial graffiti and to remove or cover up graffiti as soon as defendant becomes aware of it. Defendant also will provide training for qualified African American employees in an effort to promote them to supervisory and managerial positions. Defendant must conduct annual training for its supervisors, managers, and subordinate employees on the prevention of racial harassment, race discrimination, and retaliation and disseminate a copy of its racial harassment policy to all of its employees. Finally, defendant must file three reports to the EEOC over a 35-month period that list all complaints of race discrimination at its Little Rock, Arkansas facility, indicate whether racial graffiti was discovered, describe how the complaints were resolved, and detail defendant's Title VII training of its supervisors, managers, and employees.

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