IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS
HOUSTON DIVISION

United States Courts Southern District of Texas
FILED
SEP ·2 92005

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff, v. SABIC AMERICAS, INC.
Defendant.

. . . .If. MlIbV. Clerk of Court
§

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§

COMPLAINT

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§

H 05-3362

§

§

CIVIL ACTION NO.

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§

JURY TRIAL DEMANDED

§

-------------------------------§

NATURE OF THE ACTION

This is an action under Title VII ofthe Civil Rights Act of 1964 as amended by Title lofthe

Civil Rights Act of 1991 ("Title VII") to correct unlawful employment discrimination on the basis

of opposing discrimination and to provide appropriate relief to Suheir Zouein, who was adversely

. affected by the unlawful practices. While employed by Defendant SABIC Americas, Inc.

("Defendant"), Ms. Zouein was fired on January 21, 2004 in retaliation for opposing what she

believed to be discriminatory wages and treatment.

JURISDICTION AND VENUE

1. Jurisdiction ofthis Court is invoked pursuant to 28 U.S.c. §§ 451, 1331, 1337,1343

and 1345. This action is authorized and instituted pursuant to Section 706(f)(1) and (3) ofTitle VII

ofthe Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e-5(f)(1) and (3) ("Title VII"). This

action is also authorized and instituted pursuant to Section 102 of Title I of the Civil Rights Act of

1991,42 U.S.C. § 1981a.

2. The unlawful employment practices alleged in this complaint were committed within

the jurisdiction of the United States District Court for the Southern District of Texas, Houston

Christi Division. Venue is appropriate in this court. PARTIES
3. Plaintiff, the Equal Employment Opportunity Commission (the "Commission"), is the 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 Section 706(f)(1) and (3) of Title VII, 42 U.S.c. § 2000e-5(f)(1) and (3).
4. At all relevant times, Defendant SABIC AMERICAS, -INC., ("Defendant"), a Delaware Corporation, has continuously been doing business in the State of Texas and the City of Houston and has continuously had at least 15 employees.
5. At all relevant times, Defendant has continuously been an employer engaged in an industry affecting commerce within the meaning of Sections 701(b), (g) and (h) of Title VII, 42 U.S.C. §§ 2000e(b), (g) and (h).
STATEMENT OF TITLE VII CLAIMS 6. More than thirty days prior to the institution of this lawsuit, Suheir Zouein filed a charge with the Commission alleging violations ofTitle VII by Defendant. All conditions precedent to the institution of this lawsuit have been fulfilled. 7. Since at least August 6, 2003, Defendant has engaged in unlawful employment practices at its Houston, Texas facility, in violation ofSection 704 ofTitle VII, 42 U.S.c. § 2000e-3. Defendant hired Suheir Zouein in January 2001 as an administrative assistant. Ms. Zouein complained of discriminatory treatment in July 2003 and several times thereafter until her termination. Specifically, Ms. Zouein complained that her wages were lower than similarly situated employees because of her national origin (Syrian) and gender in violation of federal civil rights
2

statutes. Defendant responded by disciplining her for alleged attendance problems and an alleged violation of its Open Door policy. Further, Defendant reduced her work duties, changed her job status, retrieved and reviewed her emails, and fired her in January 2004 after learning of her plans to bring a civil rights action.
8. The effect ofthe practice(s) complained of above has been to deprive Suheir Zouein ofequal employment opportunities and otherwise adversely affect her status as an employee because of her protected activity of opposing employment practices she believed to be discriminatory in violation of Title VII of the Civil Rights Act of 1964..
9. The unlawful employment practices complained of above were and are intentional. 10. The unlawful employment practices complained of above were and are done with malice or with reckless indifference to the federally protected rights of Suheir Zouein.
PRAYER FOR RELIEF Wherefore, the Commission requests that this Court: A. Grant a permanent injunction enjoining the Defendant its officers, successors, assigns and all persons in active concert or participation with it, from engaging in an employment practice which discriminates on the basis of opposition to discrimination. B. Order Defendant to institute and carry out policies, practices and programs which provide equal employment opportunities for women, and which eradicate the effects of its past and present unlawful employment practices. C. Order Defendant to make whole Suheir Zouein byproviding appropriate backpaywith prejudgment interest, in amounts to be proved at trial, and other affirmative relief necessary to eradicate the effects ofits unlawful employment practices, including but not limited to backpay and
3

frontpay, with interest. D. Order Defendant to make whole Suheir Zouein by providing compensation for past
and future pecuniary losses resulting from the unlawful practices described above, including out-ofpocket expenses such asj ob search expenses and insurance expenses in amounts to be proved at trial.
E. Order Defendant to make whole Suheir Zouein by providing compensation for past and future nonpecuniary losses resulting from the unlawful practices complained ofabove, including emotional pain, suffering, inconvenience, mental anguish, and loss ofenjoyment oflife, in amounts to determined at trial
J
F. Order Defendant to pay Suheir Zouein punitive damages for its malicious and/or reckless conduct described above, in an amount to be determined at trial.
G. Grant such further relief as this Court deems necessary and proper in the public interest.
H. Award the Commission its costs ofthis action. JURy DEMAND
The Commission requests a jury trial on all questions of fact raised by its complaint.
Respectfully submitted,· James L. Lee Deputy General Counsel Gwendolyn Young Reams Associate General Counsel Equal Employment Opportunity Commission 1801 L Street, N.W. Washington, D.C. 20507
4

:r~es Sacher I
'jegiOnal Attomey~""","""",,
Rudy . Sustaita Senior Trial Attorney Attorney-in-Charge Admission LD. No. 11850 Texas Bar No. 19523560 EQUAL EMPLOYMENT OPPORTUNITY
COMMISSION Houston District Office 1919 Smith Street, 7th Floor , Houston, Texas 77002 Telephone: (713) 209-3400 Facsimile: (713) 209-3402
5

JS44

_

_

(Rev. 07/89)

.,

CIVIL COVER SHEET

.,

The JS 44 civil cover sheet and the infonnation contained herein neither replace nor supplement ing and service ofpleadings or other papers as required by law, except as provided by local rules of court. This fonn,

approved by the Judicial Conference of the United States in September 1974, is required for

e Clerk of Court for the purpose of initiating the civil docket sheet. (SEE INSTRUCTIONS ON THE REVERSE

OF THE FORM.)

I(a) PLAINTIFFS
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION I

DEFENDANTS
SABIC AMERICAS, INC.

(b) COUNTY OF RESIDENCE OF FIRST LISTED PLAINTIFF _ __
(EXCEPT IN U.S. PLAINTIFF CASES)

(c) ATTORNEYS (FIRM NAME, ADDRESS, AND TELEPHONE NUMBER) Rudy Sustaita, Senior Trial Attorney EEOC-Houston District Office 1919 Stnith Street, 7th Floor Houston, Texas 77002 (713) 209-3400

B

COUNTY OF RESIDENCE OF FIRST LISTED DEFENDANT _ _ __

(IN U.S. PLAINTIFF CASES ONLy) NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATION OF THE
TRACf OF LAND INVOLVED

So uthem

District

OUrts
of Texas

FILED

5--3362 SEP 292005

. . . ,II. MlIbV. Clerk of Court

II. BASIS OF JURISDICTION

(pLACE AN x IN ONE BOX ONLY)

[xli U.S. Government Plaintiff
[) 2 U.S. Government Defendant

[) 3 Federal Question (U.S. Government Not a Party)
[) 4 Diversity (Indicate Citizenship of Parties in Item III)

III. CITIZENSHIP OF PRINCIPAL PARTIES (plACE AN x IN ONE BOX

(For Diversity eases Only)

FOR PLAINfIFF AND ONE BOX FOR DEFENDANT)

PTF DEF

PTF DEF

Citizen ofThls State [ ] I []1 Incorporated or Principal Place [ ] 4 [] 4

,

of Business in This Slate

Citizen of Another State [] 2 [] 2 Incorporated lind Principal Place [ ] 5 [] 5

of Business in Another Siale

Citizen or Subject of a [ ] 3 [] 3 Foreign Nation

[]6 []6

Foreign Country

IV. CAUSE OF ACTION (CITETHEU S CIVILSfATUTE UNDER WIDCHVOU AREFillNGAND WRITE ABRJEF SfATEMENTOF CAUSE. 00 NOT CITE lURISDICTIONAL SfATUTES UNLESSDIVERSIlY)
This is an action under Title VII of the Civil Rights Act of 1964 as amended, 42 U.S.C. § 2000e-3 ("Title VII") to correct unlawful employment diSCrimination on the basis of opposing discrimination and to provide appropriate relief to Suheir Zouein, who was adversely affected by the unlawful practices. While employed by Defendant SABIC Americas, Inc. ("Defendant"), Ms. Zouein was fired on January 21, 2004 in retaliation for opposing what she believed to be discriminatory wages and treatment.

V NATURE OF SUIT (PLACE AN x IN ONE BOX ONLy)

CONTRACT

TORTS

[] 110 Insurance
[]no Manne
[] 130 MIll... Act (] 140 Ncgollable lnstrument
[] ~9"::''',';;;::::=- &
[] 151 Moolcare Act
[]J£~:"v=)
[] M~~a::fi~Overpa,."."t of
[] 160 Stockhol_' Swts [] 190 0"",,, Contract [] 195 CO
REAL PROPERTY
[] 210 Land Condemnau"" [] 220 Fon:closure [] 230 Rent Lease & G I [] 240 Totts to Land [] 245 Ton Product lability [] 290 AlI Other Real Property

PERSONAL INJURY [] 310 AIrplane [] 315 AIrplane Product laInbty [] 320 AssauI~ Ltbel & SIaruIeo' [] 330 FcdcraI Empl""",,' laInhty
[] 340 Manne [] 345 Manne Product LtaMlty [] 350 M_ VeIucIe [] 355 Motor VebtcIe Product
uatllhty
[] 360 Other P""",", ""lIlY
CIVIL RIGHTS
[] 441 voung
[X] 442 Empl"""",t
[] 443 HousmglAccommodauons
[] 444 Welfare [] 440 Other CiVIl RIghts

PERSONAL INJURY []36\.==[] 36t:;:1 ""1IlY-ProdUd
[] 36~::;W ""lIlY
PERSONAL PROPERTY [] 370 Otbeo-Fraud [] 371 Tntth In Le!tdmg [] 380 Otbeo- PenonaI Property o.ma..
[] H.~~ o.ma.. Product
v... PRISONER PETITIONS
[] 510 Mot,ons to te Sentence Habeas Corpus
[] 530 Gene<aI [] 535 Death Penalty [] 540 Mandamus & Other [] 550 Otbeo-

FORFEITUREIPENALTY
[] 610 Agncultun> [] 620 Other Food & Dtui
[]~~~,,:.~or
[] 630 Ltqoor ltlws [] 640 RR & Truck [] 650 Atrltne Regs [] 660 OccupaUonaI SalCtylHeaIth
[] 690 LABOR
[] 710 Fau ltlbor StandanIs Act [] 720 LaborlMgmt Rel.uons [] 71~:- Reportut8
[] 740 RaIlway Labor Act [] 790 Other ltlbor LtugsU"" [] 791ctEmp, Ret Inc Secunty

BANKRUPTCY
[] 422 AppeaI 28 usc 158
[] 423 Wtthdmwal 2' USC 157
PROPERTY RIGHTS
[] 820 C""",ghts [] 830 Patent [] 840 T""""""
SOCIAL SECURITY
[] 861 IDA (I395R) [] 862 BIacIt Lung (923) [] 863 OIWCIDIWW (405!i» [] 864 SSID TltI, XVI [] 865 RSI (405!i»
FEDERAL TAX SUITS
[] &7~7 (U S P!amtlfr",
[] 871 IRS-lbtrd Party 26 USC 7609

OTHER STATUTES
[] 400 Slate Reapport".,m""t [] 410 Anutrust [] 430 Banks and Bankmg [] 450 C""""""",,CC Rates/etc [] 460 Oq.."UOO [] 4~:'=lnfluenccdandCu""pt
[] 81 0 Select'''' Scrvtce [] Wlans;"'uestCottunodItU:sI
[] 87~2~;haIlen..
[] 891 Agncultwal Acts [] 892 EcOllOllllC S1ablluauoo Act [] 893 &vuunmental Matters [] 894 &«gy AI_Uon Act [] 895 Fn:edom ofInlOnnau"" Act
r:J: [] ~Je,A=:=s uon
[] 950 Const!lutlonaluyofState Statule.\ [] 890 00... Statutory AcUons

VI. ORIGIN
[X] 1 Original
Proceeding

(pLACE AN x IN ONE BOX ONLY)

[] 2 Removed from

[] 3 Remanded from

State Court

Appellate Court

Transferred from

[] 4 Reinstated or

[] 5 another district

Reopened

(specifY)

Appeal to District

[] 6 Multidistrict

[] 7 Judge from

Litigation

Magistrate Judgment

VII. REQUESTED IN

CHECK IF THIS IS A CLASS ACTION

COMPLAINT:

[] UNDERF.R.C.P.23

DEMAND $

Check YES only if demanded in complaint: JURV nEMAND: [X] YES [] NO

DOCKET NUMBER 4:05-cv--0O163

 
 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS
HOUSTON DIVISION

Un1tad S\a~ U\herA Oiltrltt
flL
1 ZOOS

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff, VS.
SABIC Americas, Inc. Defendant.

§

§

§

33~

§ CIVIL ACTION NO. H-05~

§

§

§

§

§

§ JURY TRIAL DEMANDED

§

CONSENT DECREE

The Equal Employment Opportunity Commission ("Commission" or "EEOC") has alleged that Defendant SABIC Americas, Inc. ("SABIC" or "Defendant"), is liable for retaliation, in violation of Title VlI of the Civil Rights Act of 1964, and Title I of the Civil Rights Act of 1991. The EEOC's lawsuit alleges that SABIC violated these federal statutes by discharging Suheir Zouein ("Mrs. Zouein") in retaliation for opposing employment practices she reasonably believed to be unlawful under Title VII. SABIC denies any wrongdoing in connection with its treatment of Mrs. Zouein.
The parties wish to avoid the risks, uncertainties and expenses of continued litigation. Accordingly, the parties have agreed to settle this lawsuit. The parties agree that this Consent Decree is being entered into for the purpose of compromising disputed claims without the necessity for protracted litigation. This Consent Decree is not an admission of wrongdoing or an adjudication or finding on the merits of the case.
Contemporaneous with this Consent Decree, SABIC and Mrs. Zouein have entered into a Settlement Agreement and Release (hereinafter, the "Settlement
310161Q() I

Agreement"). SABlC' consent to the entry of this Consent Decree is contingent upon

Mrs. Zouein's execution of the Settlement Agreement. A copy of the Settlement

Agreement shall be provided to the EEOC.

The Commission and the Defendant stipulate to the jurisdiction of the Court and

to satisfaction of all administrative prerequisites. The parties turther waive hearing and

entry of findings of fact and conclusions oflaw on all issues.

It is therefore ORDERED that:

1.

This Consent Decree is entered in full and complete settlement of

any and all non-monetary claims arising out of or contained in this lawsuit, Civil Action

No. H-05-3364, and in EEOC Charge No. 330-2005-00547 (the "Charge") and any

claims that have been asserted or could have been asserted by Mrs. Zouein in this

litigation or in the Charge, or otherwise concerning her employment, including the

termination of her employment, with SABle. The Consent Decree and the settlement

agreement constitute full and complete settlement of any and all claims arising out of or

contained in this lawsui 1.

2.

SABlC agrees it will not engage in any employment practices

which violate Title V[J by unlawfully retaliating against any individual because of her

complaints of discrimination, or because she opposed any practice made an unlawful

employment practice by Title Vll, or because she opposed a practice which she

reasonably believed to be unlawfiJl under Title VII, or because she tiled a Charge of

Discrimination with the EEOC, or provided testimony or evidence related to this lawsuit

or to the investigation of EEOC Charge No. 330-2004-03364. 3. During the thirty month period from the entry of this Decree, Defendant

)1016190.1
2

will provide, usmg an attorney, on at least two occasIOns a training program on employment discrimination, including Title VII, to all of SABlC's human resources staff as well as all SABlC supervisors andlor managers (in both an acting and permanent capacity). The training shall include specific instruction regarding gender discrimination, and instruction on avoiding unlawful retaliation against employees who complain about conduct which they believe to be discrimination based on sex, national origin or any other discrimination made unlawful by Title VII andJor the Equal Pay Act and in the first training session, a swnmary of the terms of this Consent Decree and the Settlement Agreement, without disclosing monetary provisions. The training shall indicate that conduct of the type referenced in Exhibit B will justify severe disciplinary action up to and including termination. The training shall also include familiarizing trainees with the EEOC website and EEOC guidance regarding sex discrimination and retaliation, noting the Commission's position on these issues irrespective of the trainer's views of whether or not those positions are currently consistent with circuit court decisions. The first training shall be completed within six months from the date the Consent Decree is entered. The second training shall occur approximately twelve months thereafter. Prior to such training, the Houston District Office of the EEOC shall receive a copy of the training presentation outline. No later than a month prior to the training, Defendant shall provide the Commission with a list of all topics that will be covered. In planning to provide the training. it should be contemplated that a pretest and post test of all trainees will be undertaken to establish a baseline of their level of understanding both before and after the training as to conduct which violates the statutes. The training event shall be planned to take at least two hours during the first year of delivery and at least an hour and
31016190 I
3

a half in the succeeding year. The training cannot take place until the Commission authorizes the use ofthe proposed topic list and also authorizes the specific trainer(s) that will be selected to provide the training. If a new general manager is appointed andlor assumes his or her duties after the second training event has taken place, but within the thirty month period covered by this Decree, he or she shall be briefed and provided with a copy of this Decree, the charges, the LaD and the Settlement Agreement within two months of the appointment. If requested, the Commission agrees that its Regional Attorney will meet with the General Manager to discuss this case.
4. Within ten (10) days after the completion of each separate training event, the EEOC shall be provided with a statement listing the date(s) on which the training was completed; the names and signatures of all attendees, their job titles, the location at which they work; all topics in the training presentation outline that were covered, the length of the training., the identity of the trainer(s) and the tentative plans to provide the training to any supervisors andlor managers who were not able to attend the training.
5. SABIC agrees that within twenty-one days after entry of this Decree it will conspicuously post the attached notice (Exhibit "A") in an area accessible to all employees at each of SABlC's facilities for a period of two years from the date the Decree is signed.
6. The execution of a release and settlement satisfactory to Mrs. Zouein and her attorney is a condition precedent to the etlectiveness of this settlement. Similarly, the execution of this settlement by SABlC is conditioned on the execution of the separate settlement with Mrs. Zouein.
7. SABle will maintain a written equal employment opportunity policy
31016[90.1
4

which sets forth the requirements of federal laws against employment discrimination and
specifically those provisions which make sex discrimination unlawful and which make it
unlawful to retaliate against any current or former employee because she opposed any
practice made unlawful by Title VII, or because she opposed a practice which she
reasonably believed to be unlawful under Title VII, or because she tiled a Charge of
Discrimination with the EEOC or otherwise made a complaint of discrimination. The
policy maintained will set forth the concepts embodied by the following statement:
SABIC is tirmly committed to developing and maintaining a zero-tolerance policy concerning sex discrimination, and retaliation against individuals who report discrimination or harassment in the company's workplace; to swiftly and tirmly respond to any acts of sex discrimination, or retaliation of which the company becomes aware; to implementing discipline that is designed to strongly deter acts of sex discrimination or retaliation; and to actively monitoring its workplace in order to ensure tolerance, respect and dignity for all people.
8. SABIC agrees to segregate in separate, confidential folders all documents
related to Mrs. Zouein's Charge of Discrimination and the Commission's lawsuit. These
documents shall not be part of her personnel tile. Further, SABIC agrees its managerial
employees and Human Resource staff will not reference any of the tollowing to any
potential employer of Mrs. Zouein: her Charge, the Commission's lawsuit, or this
Consent Decree entered in the Commission's lawsuit.
9. SABIC agrees to provide prospective employers of Mrs. Zouein with a
positive job reference, as agreed upon with her counsel, a copy of which will be provided
to the Commission. 10. SABIC agrees that written authority from the General Manager will be
required to access email of employees who make complaints of discrimination, whether
JlO16190.1
5

internally or to the Commission. The memo shall set forth the grounds justifying the access and the fact that an employee has made an internal or external complaint will not independently warrant accessing his or her email.
11. SABIC shall develop explicit procedures calculated to upgrade the professionalism of its internal investigations. An investigative report is required and must indicate who was interviewed, why they were interviewed, whether or not other potential witnesses were interviewed (and, if not, why not) and all interview notes, witness statements and reports shall be retained. Employees accused of misconduct or other wrongdoing shall be given clear and timely notice of all accusations against them and an opportunity to respond to the accusations. SABlC reiterates its policy of not seeking to intimidate any employees who complain about misconduct, are accused of misconduct or are interviewed as witnesses in regard thereto. In any instance where more than two SABIC representatives attend and/or participate in interviewing a witness, a complainant or an employee who has been accused of misconduct, a memo explaining the presence of more than two representatives shall be prepared and retained as part of the investigative records. Similarly, in any instance where the Defendant utilizes a police officer, security guard or other person to participate in escorting a disciplined employee from the premises, a memo shall be prepared and retained as part of the investigative records explaining why that approach was undertaken.
12. SABlC pledges its cooperation with any investigations undertaken by the EEOC during the term of this Consent Decree whether or not same are in any way related to the charge that precipitated this action. This pledge of cooperation includes an agreement to not unreasonably oppose requests for production of relevant documentation
3rO[6[90.1
6

or access to witnesses. SABIC will appoint an independent liaison with authority to work out any problems with the Commission which may arise. SABlC will appoint a liaison who is acceptable to the EEOC. SABIC agrees that no assertion of attorney client or other privilege exists as to internal investigations of harassment or retaliation claims (unless it explicitly waives the affirmative defense that it did an appropriate investigation)
13. On four occasions, at eight month intervals, starting four (4) months from the date of entry of this Decree, SABIC shall provide to the Houston District Office of the EEOC a report on its efforts to comply with the terms of the Decree. These reports and all other reports provided pursuant to the Consent Decree should be directed to the attention of the current regional attorney, .lim Sacher, or his successor. The last report is due two months before the expiration of the thirty month term of this Decree.
14. This Decree shall remain in effect (or thirty months from the date of signing. During the period that this Decree shall remain in effect, the Court shall retain jurisdiction to assure compliance with this Consent Decree and to permit entry of such further orders or modifications as may be appropriate. The EEOC is specifically authorized to seek Court-ordered enforcement of this Consent Decree. In the event of a claimed breach of any provisions herein, the EEOC shall provide SABIC with notice of the breach and provide an opportunity for SABIC to cure the alleged breach within thirty days before resort to the Court unless the EEOC claims that the breach would warrant granting an application for a temporary restraining order. By signing this Consent Decree, the parties agree to not file any appeal seeking to be relieved of any or all of the terms of the Consent Decree, and to oppose any filing that is made that would seek any diminution of the SABlC's undertakings herein.
310161901
7

15. This Consent Decree shall he binding on SABIC and any purchaser, including successors-in-interest. SABIC will provide prompt notice to the EEOC of any transfer of ownership within a month of signing a letter of intent or within two weeks of the change of ownership, whichever event occurs earliest. This duty of notice applies whether or not the matter is characterized as an asset sale. SABIC will promptly notify any purchaser, including successors-in-interest, of the existence and terms ofthis Consent Decree.
16. Nothing in this Consent Decree shall be construed to preclude the Commission from filing a separate action under Title VII or any other statute which the Commission enforces in the future for any alleged violations by SABIC not resolved by this Consent Decree andlor not part of the Charge.
17. Each signatory certifies that he or she is authorized to execute this document on behalf of the party or parties whom he or she represents.
18. Except as provided herein, the parties shall bear their own costs and attorney fees.
United States District Judge
310161QO.l
8

AGREED AND CONSENTED TO:
ATTORNEY FOR PLAINTIFF EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
By:!h'a.A C~~
JIm Sachet
Texas Bar No.: 17503300 C Federal I.D. No. 13536
1919 Smith Street, 7th Floor Houston, Texas 77002-8049 (713) 209-3398 Fax: (713) 209-3402

ATTORNEY FOR SABlC FULBRIGHT & JA W S
Texas arNo.: 09031000 Federal 1.0. No. 5158 1301 McKinney, Suite 5100 Houston, Texas 77010-3095 Telephone: (713) 651-5442 Fax: (713) 651-5246

ATTORNEY FOR SUHEIR ZOUEIN
SHELL~ LAZA("--_~
/ "Ma'rBkLya: z~~~
( Texas BarNo. 12069100 '. Federal 1.0. No. 12105
3D International Tower 1900 West Loop South, Suite 1910 Houston, Texas 77027 Telephone: (713) 621-2277 Fax: (713) 621-0993

310)6190.1
9

EXHIBIT "A"
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Houston District Office Mickey Leeland Federal Building 1919 Smith Street, 7"' Floor Houston, Texas 77002-8049
PH: (713) 209-3320
TTY: (713) 209-3439 FAX: (713) 209- 3381 NOTICE TO THE EMPLOYEES OF SABIC AMERICA
THIS NOTICE IS POSTED PURSUANT TO A CONSENT DECREE ENTERED INTO BETWEEN THE EEOC AND SABIC America REGARDING A CLAIM OF RETALIATION IN THE WORK PLACE PURSUANT TO TITLE VII OF THE CIVIL RIGHTS ACT OF 1964.
1. Federal law requires that there be no discrimination against any employee or applicant for employment because of the employee's sex, race, color, religion, national origin, age or disability with respect to compensation, hiring or other terms, conditions or privileges of employment.
2. SABIC AMERICA 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 making an internal complaint of retaliation, filing charges with the Equal Employment Opportunity Commission (EEOC) or providing information to the EEOC.
3. Any employee who believes that he or she has been the target of harassive or retaliatory conduct should immediately report that concern to the General Manager who shall investigate that concern pursuant to SABlC's anti retaliation policies.
SIGNED this _ _ _ _ day of October, 2005.
(Name) (Title) SABIC America
This OFFICIAL NOTICE shall remain posted for two (2) years from date of signing.
]101629Ll

EXIDBITB
The training that shall be conducted pursuant to the Consent Decree shall include advising attendees of the severe disciplinary consequences that can be imposed upon any supervisory employee who retaliates against any current or former cmployee who has filed an external or internal complaint about conduct which that person believes to be discriminatory based on sex or other basis made unlawful by Title VII. Examples of acts of retaliation can include, but are not limited to, each of the following:
a) destroys any documentation relevant to a Commission investigation; b) increases scrutiny of employees known to have filed an external or internal
complaint that they are being discriminated against and/or retaliated against by employees and/or supervisors employed by the Company; c) encourages anyone to falsely accuse a co-worker of misconduct because the coworker has made an external or internal complaint of employment discrimination; d) misrepresents that an investigation has been undertaken; e) does not conduct a fair investigation in response to an external or internal complaint of discrimination or retaliation; f) encourages, authorizes or mandates obtaining any emails sent or received by the employee who has made an internal or external complaint of discrimination without proper authorization from the General Manager; g) intcntionally acts in a manner that suggests thaI an employee's opposition to perceived discrimination is insubordinate or evinces disloyalty to SABlC; h) disparages a current or former employee because of his or her external or internal complaint of discrimination; and/or
3\0\6274.1

i) provides a negative reference to a prospective employer concerning a current or former employee because, in whole or part, that person's external or internal complaint of discrimination or retaliation.
31016274.1

 
 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff, VS.
SABIC AMERICAS INC,
Defendant.

§ § § § § CIVIL ACTION NO. H-05-3362 § § § §

CONDITIONAL ORDER OF DISMISSAL The Court has been informed that the parties to this lawsuit have reached a settlement. The case is therefore DISMISSED WITHOUT PREJUDICE to reinstatement of Plaintiffs' claims if any party represents to the Court, within sixty (60) days of this Order, that the settlement could not be completely documented. All pending motions are DENIED AS MOOT. IT IS SO ORDERED. SIGNED this 27th day of January, 2006.

TO INSURE PROPER NOTICE, EACH PARTY WHO RECEIVES THIS ORDER SHALL FORWARD A COPY OF IT TO EVERY OTHER PARTY AND AFFECTED NON-PARTY EVEN THOUGH THEY MAY HAVE BEEN SENT ONE BY THE COURT.
1 / 1

 
 DC CM/ECF LIVE- US District Court-Texas Southern - Docket Report

https://ecf.txsd.uscourts.gov/cgi-bin/DktRpt.pl?828701905527594-L_3...

U.S. District Court SOUTHERN DISTRICT OF TEXAS (Houston) CIVIL DOCKET FOR CASE #: 4:05-cv-03362

CLOSED

Equal Employment Opportunity Commission v. Sabic Americas Inc Assigned to: Judge Keith P Ellison Related Case Case: 4:05-cv-00163 Cause: 42:2000e Job Discrimination (Employment)

Date Filed: 09/29/2005 Date Terminated: 01/27/2006 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

Plaintiff
Equal Employment Opportunity Commission

represented by Rodolfo Lucio Sustaita EEOC Senior Trial Attorney 1919 Smith St 7th Fl Houston, TX 77002 713-209-3400 Fax: 713-209-3402 Email: rudy.sustaita@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

V. Defendant Sabic Americas Inc

Date Filed 09/29/2005
09/29/2005 09/29/2005
10/24/2005

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Docket Text

1 COMPLAINT against Sabic Americas Inc (Filing fee $ 0.) filed by Equal Employment Opportunity Commission.(lfilmore, ) Modified on 9/29/2005 (lfilmore, ). Additional attachment(s) added on 9/29/2005 (mmapps, ). (Entered: 09/29/2005)
Summons Issued as to Sabic Americas Inc , filed.(lfilmore, ) (Entered: 09/29/2005)
2 ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Initial Conference set for 2/3/2006 at 09:45 AM in Room 8631 before Judge Keith P Ellison. ( Signed by Judge Keith P Ellison ) Parties notified. (lfilmore, ) (Entered: 09/29/2005)
3 RETURN of Service Executed as to Sabic Americas Inc on 10/17/05 re: Summons & Complaint, filed.(mkadlubowski, ) (Entered: 10/25/2005)

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4 RETURN of Service Executed as to Sabic Americas Inc on 10/17/05 re: Summons, filed.(mharrison, ) (Entered: 11/03/2005)
5 PROPOSED ORDER Consent Decree, filed.(ypippin, ) (Entered: 11/07/2005)
6 CONSENT DECREE JUDGMENT .( Signed by Judge Keith P Ellison ) Parties notified.(ypippin, ) (Entered: 11/10/2005)
7 CONDITIONAL ORDER OF DISMISSAL WITHOUT PREJUDICE.( Signed by Judge Keith P Ellison ) Parties notified.(svaught) (Entered: 01/30/2006)

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