FILI~O
IN THE UNITED STATES DISTRICT COURT ~SEP ~’/- 2004
FOR THE SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff,
Vo
GILBERT PLUMBING COMPANY, INC.,
Defendant.

4 - 3866
CIVIL ACTION NO. JURY TRIAL DEMANDED

NATURE OF THE ACTION 1. This is an action under Title VII of the Civil Rights Act of 1964, as amended by Title I of the Civil Rights Act of 1991, to correct unlawful employment discrimination on the basis of national origin, Hispanic and to provide appropriate relief to Edwin Rolin, Manuel D. Amaya and a class of Hispanic employees, who were adversely affected by the unlawful practices. While employed by Defendant Gilbert Plumbing Company, Inc. ("Defendant"), Mr. Rolin, Mr. Amaya and a class of Hispanic employees were subjected to discriminatory terms, conditions and privileges of employment because of their national origin, Hispanic. The discriminatory treatment included being repeatedly called racial slurs by non-Hispanic supervisors. The slurs included comments such as "wetbacks, .... stupid mojado," (stupid wetback), "pinche mojado" (f. .... g wetback), "wetbacks, go home, don’t want you here," and"motherf.g...m. oj ado." Despite complaints about the conduct from the Hispanic employees, Defendant failed to take remedial action. The discrimination also included being forced to work in the rain, being denied wages for work performed and being denied sick

leave. Defendant has subjected its Hispanic employees to this discrimination since at least January 2001 and continuing to date.
JURISDICTION AND VENUE 2. Pursuant to 28 U.S.C. §§451, 1331, 1337, 1343 and 1345, the United States District Court has jurisdiction over the subject matter of this civil action. This action is authorized and instituted pursuant to Section 706(0(1) and (3) of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e, et ~ ("Title VII"), and Section 102 of the Civil Rights Act of 1991, 42 U.S.C. § 1981a. 3. 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 Division. Venue is appropriate in this court.
PARTIES 4. Plaintiff, the Equal Employment Opporttmity 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(0(1) and (3) of Title VII, 42 U.S.C. § 2000e-5(f)(1) and (3). 5. Gilbert Plumbing Company, Inc. is an Texas corporation doing business (and has continuously been doing business) in the State of Texas, Harris County, and the City of Houston, and has continuously had more than 15 employees at all times relevant to this cause of action. 6. 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 CLAIMS 7. More than thirty days prior to the institution of this lawsuit, Edwin Rolin and Manuel D. Amaya filed with the Commission charges of discrimination alleging violations of Title VII by Defendant. All conditions precedent to the institution of this lawsuit have been fulfilled, including the filing of timely charges of employment discrimination, and attempts to conciliate the claims. 8. Since at least January 2001 and continuing to date, Defendant has engaged in unlawful employment policies and practices, in violation of Section 703(a)(1) of Title VII, 42 U.S.C. § 2000e-Z(a)(1). 9. Defendant has since at least January 2001 subjected Edwin Rolin, Manuel D. Amaya and a class of Hispanic employees to a hostile working environment because of their national origin, Hispanic. The racially hostile working environment included being repeatedly called racial slurs. In addition, Defendant has since at least January 2001 forced Edwin Rolin, Manuel D. Amaya and a class of Hispanic employees to work in the rain, has them denied wages for work performed and has denied them sick leave because of their national origin, Hispanic. 10. The effect of the practices complained of above has been to deprive Edwin Rolin, Manuel D. Amaya and a class of Hispanic employees of equal employment opportunities and otherwise adversely affect their status as employees because of their national origin, Hispanic. 11. The unlawful employment practices of which the Commission complains in the preceding paragraphs were intentional. 12. The unlawful employment practices complained of in the preceding paragraphs were done with malice or with reckless indifference to the federally protected rights of Edwin Rolin, Manuel D. Amaya and a class of Hispanic employees.

PRAYER FOR RELIEF

Wherefore, the Commission respectfully requests that this Court:

Grant a permanent injunction enjoining Defendant Gilbert Plumbing Company, Inc.

its officers, successors, assigns, and all persons in active concert or participation with

them, liom engaging in any employment practice which discriminates on the basis

of national origin;

Bo

Order Defendant to institute and carry out policies, practices, and programs which

provide equal employment opportunities for applicants and employees regardless of

their national origin, (Hispanic), and which eradicate the effects of its past and

present unlawful employment practices;

Co

Order Defendant to make whole Edwin Rolin, Manuel D. Amaya and a class of

Hispanic employees by providing appropriate backpay, including all bonuses; and by

providing compensation for any other pecuniary losses, past and future, including

out-of-pocket such as job search expenses and insurance expenses in amounts to be

proved at trial;

’D. Order Defendant to provide Edwin Rolin, Manuel D. Amaya and a class of Hispanic

employees compensation for past and future non-pecuniary losses resulting from the

unlawful practices complaineodf above, including emotional pain, suffering,

inconvenience, mental anguishan, d loss of enjoyment of life, in amounts to

determined at trial;

Order other affirmative relief necessary to eradicate the effects of Defendant’s

unlawful employment practices;

F. Order Defendant to pay punitive damages, in amounts to be determined at trial, for its malicious and reckless conduct;
G. Award pre-judgrnent interest and post-judgment interest on all amounts recovered; H. Grant such further relief as the Court deems necessary and proper in the public
interest; I. Award the Commission its costs of this action.
JURY DEMAND The Commission requests a jury trial on all questions of fact raised by its complaint.
Respectfully submitted,
Eric S. Dreiband General Counsel 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
.~ -egiona~Attomey/l "< ludy~. ~staita
Senior Trial Attorney Attorney-in-Charge Admission I.D. 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

Jsn4

(Rev. 07/89)

-~,-,"

CIVIL COVER SHEET

The JS 44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by law, except as provided by local roles of court. This form,

approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of Court for the purpose of initiating the civil docket sheet. (SEE INSTRUCTIONS ON THE REVERSE

OF THE FORM.)

l(a) PLAINTIFFS EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

DEFENDANTS GILBERT PLUMBING COMPANY, 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 Smith Street, 7th Floor Houston, Texas 77002 (713) 209-3400

COUNTY OF RESIDENCE OF FIRST LISTED DEFENDANT
(IN U.S. PLAINTIFF CASES ONLY) NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATION OF THE
TRACT OF LAND INVOLVED

ATTORNEYS (IF KNOWN)

~ltilllatn tFlIiLlUEOi~t 0! lexm

!!. BASIS OF JURISDICTION ~L~C~rNO~nOXO,VLY~

Ix] I U.S. Government Plaintiff
[] 2 U.S. Government Defendant

[] 3 Federal Question (U.S. Government Not a Party)
4 Diversity. (Indicate Cmzenship of Parties in Item I11)

111, CITIZENSHIP OF PRINCIPAL PARTIES

(For Diversity Cases Only) FOR P LAEN~’II=~ AN’D ON~ BOX FOR DI~ ENDAN~)

PTF DEF

PTF DEF

Citizen ofThis State [] 1 [ ] 1 Incorporated or Principal Place [ ] 4 [ ] 4

of Business in This State

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

of Business in Another State

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

[ ] 6 [ ] 6

Foreign Country

IV. CAUSE OF ACTION tc~us ClV1LSTATUTEUNDERWHICHYOUAREFIL[NGANDWRrrEABK!EFSTATEM-I~’CrOFCAUS~ DONOTCrrEJL~RISDICTIONAL~rATUTI~I~q~ESSDIV~R,SITY.)
Gilbert Plumbing Company, inc. engaged in unlawful employment practices in violation of Section 703(a)(1) of Title VII, 42 U.S.C.§§ 2000e-2 (a)(l). The practice include unlawful employment discrimination on the basis of national origin and not providing appropriate relief to Edwin Rolin, Manuel D. Amaya and a class of Hispanic employees because of repeatedly called racial slur by non-Hispanic supervisors.

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

CONTRACT

TORTS

[] 110
[] I20 M~
[] 130
[] 140 Neg~a~le tastnar~

PERSONAL INJURY
[] 315 Ai~lane Product t.iabthty ~ 320 ~tU~&~ 0 330 F~ ~’ ~,~ [] 340 M~ [] 345 M~ ~ ~b,h~ 0 350 M~a V~e ~ 355 M~V~cle~
[] 360 ~ ~ mJ~

PERSONAL INJURY
[136G~
365 Personal ~ury-paxluct
[] 36~ ~ ~~ PE~ONAL PROPER~ 0 370 [] 371
385 ~Y ~ge p~uct

~ 195 co
REAL PROPERTY
[] 210 L~C~
[] zzo
[] Z30 ~., taase&l~eennm~ 0 240 " ~ 245 T~

CIVIL RIGHTS [] 441
[x] 442
[] 443
[] ~o ~

PRISONER PETITIONS 0 510 Motloas to Vacate Sentence
[] s3o ~
(] 535 I:~a~ Penalty
[] s4o ~ao~
[] sso o~

FORFEITURE/PENALTY
[] 610 Agncuhure
[] ~0
[] 630 L~qu~ taws
[] ~o ~S~T~
0 650 ~ ~ ~ 660 ~u~ [] 690
L~OR [] 710 Fair tabor Standards Act
[] 720 L~M~, ~o~
[] 740 ~l~y~ ~ [] 790 O~ ~ ~a~u~ [] 79~Pl ~t l~ ~ty

BANKRUPTCY
[] 422 Appeal 28 USC 158 [] 423 w~tr~a~al :s use t~7
PROPERTY RIGHTS
[] s2o ~’~
[] g3o ~=~
[1 ~o ~
SOCIAL SECURITY
[] 861 [] 862 [] 863 DrWC~tWW
[[]]s8~6s5s~~o~¢ x~
FEDERAL TAX SUITS
a I~:fendant) [] 871 IRS-’[’hlrdPany26USC 7~9

OTHER STATUTES
[] 400 ~ [] 410 Anamm [] 430 Ban~ and
[] 450 c~cc R,~’~
[1 460 ~
[] 4~~c~
[] 8~o
[] sg~ [] S~
[] ~94
[] 900 ~ [] 950 [] ~9o

VI. ORIGIN
Ix] I Original Proceeding

(PLACE AN x IN ONE BOX ONLY)

[] 2 Removed from State Court

[] 3 Remanded from Appellate Court

Transferred from

[] 4 Reinstated or Reopened

[] 5 another district (specify)

VII. REQUESTED IN CHECK IF THIS IS A CLASS ACTION COMPLAINT: [] UNDER F.R.C.P. 23

Vlll. RELATED CASE(S) IF ANY ~s~ ...~.

~ .---

DEMAND $ JUDGE

Appeal to District

[] 6 Multidlstrict

[] 7 Judge from

Litigation

Magistrate Judgment

Check YES only if demanded in complaint: IX] YES [] NO
DOCKET NUMBER

UNITED STATES DI~T~CT COURT

~ ~ ~ ~

 
 IN THE UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF TEXAS

C rt

HOUSTON DIVISION

United States ou S Southern District of Texas

ENTERED

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff, v. GILBERT PLUMBING COMPANY, INC.,
Defendant.

APR 1 1 2006
§

§

Wtbaal N. Milby, Clerk ot Court

§

§

§

§

CIVIL ACTION NO. H-04-3866

§

§

§

§

§

-------------------------------- §

CONSENT DECREE The Plaintiff, Equal Employment Opportunity Commission (the "Commission"), alleges in this suit that Edwin Rolin and Manuel Amaya were subjected to discriminatory treatment by Defendant Gilbert Plumbing Company, Inc. (hereinafter "Defendant" or the "Company") because oftheir national origin, Hispanic. The Commission alleges that Defendant's actions violate Title VII ofthe Civil Rights Act of 1964, as amended, and Title I of the Civil Rights Act of 1991 Defendant answered the Commission's Complaint and denied the allegations. The parties have resolved this matter. In order to avoid the costs oflitigation, and as a result ofhaving engaged in extensive negotiations, the parties have agreed that this action should be finally resolved by entry of this Consent Decree.
. The parties stipulate to the jurisdiction of the Court and waive a hearing and the entry of
findings of fact and conclusions of law. This Consent Decree is entered in full and complete settlement of any and all claims arising

out of or contained in EEOC Charge No. Charge Nos. 330-2003-00547 and 330-2004-00536, and Civil Action No. H-04-3866. The Consent Decree constitutes a complete resolution ofall claims that were made by the Commission against Defendant in this action.
IT IS ORDERED, ADJUDGED AND DECREED as follows: INJUNCTIVE RELIEF
1. Defendant and all persons acting in concert with it are permanently enjoined from engaging in national origin or race discrimination under Title VII.
2. Defendant is permanently enjoined from making employment decisions on the basis of race or national origin.
3. Defendant is permanently enj oined from discriminating against and!or harassing any employee on the basis of race or national origin.
4. Defendant is permanently enjoined from engaging in or being a party to any action, policy or practice that has the effect of harassing or intimidating any employee on the basis of race or national origin.
5. Defendant is permanently enjoined from creating, facilitating or permitting the existence ofa work environment that is hostile to any employee through acts such as physicaVverbal abuse and derogatory comments, on the basis of race or national origin.
6. Defendant is permanently enjoined from discriminating or retaliating in any manner against any individual because he or she has made a charge, testified, assisted, or participated in any
. manner in the investigation by the Commission or court proceeding in connection with this case. 7. Defendant is permanently enjoined from revealing any information about Edwin Rolin and Manuel Amaya to any third parties who are potential employers, potential customers, or
2

other individuals who could facilitate or influence employment opportunities, except the dates of hire, separation, job title and compensation. Defendant shall not reference their charge of discrimination, this lawsuit or this Consent Decree.
8. Defendant shall segregate all documents related to charges ofdiscrimination filed by Edwin Rolin and Manuel Amaya and the Commission's lawsuit in separate confidential folders. These documents shall not be a part of either Rolin's or Amaya's personnel file. Defendant shall report compliance under this section.
9. Defendant shall discipline the supervisors and foremen who were aware of or who perpetrated national origin discrimination against Edwin Rolin and Manuel Amaya but who failed to take effective corrective action. This shall include David Ireland. Defendant shall report compliance under this section.
10. Neither Defendant nor any company related to Defendant shall hire or offer employment to Allan Mielke. Defendant shall report compliance under this section.
11. Allan Mielke shall be banned from Defendant's premises. Defendant shall report compliance under this section.
12. Defendant shall not provide favorable job recommendations for Allan Mielke to prospective employers of Mielke who contact Defendant seeking a reference on his performance. Within 14 days ofthe execution of this Consent Decree, Defendant shall create and forward to the EEOC a written statement that Defendant shall use in giving a such a reference. Defendant shall report compliance under this section.
.
13. Defendant shall not provide favorable job recommendations for Allan Mieilke to prospective employers of Meilke who contact Defendant seeking a reference on his performance
3

Within 14 days of the execution of this Consent Decree, Defendant shall create and forward to the EEOC a written statement that Defendant shall use in giving a such a reference. Defendant shall report compliance under this section.
RELIEF 14. Defendant agrees to pay Edwin Rolin $7,000 in final settlement of this claim. Defendant agrees to pay Manuel Amaya $6,000 in final settlement of this claim 15. Defendant shall make a neutral job reference for Edwin Rolin and Manuel Amaya, stating their job titles, the dates ofemployment, and their last wages earned. The recommendation letter shall be made within 14 days of the entry of this Decree. Defendant shall report compliance under this section. 16. Defendant's President or Chief Executive officer shall make a written apology to Edwin Rolin and Manuel Amaya within 14 days ofthe entry ofthis Decree. Defendant shall report compliance under this section. 17. Defendant shall notify all its supervisors and managers ofthe terms of this Decree. The Company shall not disparage the settlements or Decree nor shall it deny liability.
COMPLAlNTPROCEDURES 18. Complaint Procedures. Defendant shall maintain a complaint procedure that is designed to encourage employees to come forward with complaints regarding race and national origin discrimination (including national origin, racial or race harassment) and retaliation regardless of the position held by the alleged harasser. Defendant's complaint procedure shall provide the following: (i) simpl~, convenient, confidential and reliable mechanisms for reporting incidents of race discrimination; (ii) prompt investigation ofcomplaints ofrace discrimination andlorretaliation;
4

(iii) written findings of the results of any investigation of a discrimination complaint and the remedial actions proposed, if any; (iv) an effective means of promptly communicating to the complaining party, in writing, the results of the investigation and the remedial actions taken or proposed, or not taken; (v) appropriate remedial action to resolve the complaint and to deter future incidents ofnational origin, race discrimination and/or retaliation; (vi) assurances that complainants shall not be subjected to intimidation, harassment and/or retaliation; and (vii) the name and telephone number ofthe Commission's representative. Defendant shall report compliance under this section.
19. Defendant shall forward all verbal and/or written complaints of race discrimination and retaliation complaints to the Commission within three (3) business days of receiving them. Defendant shall report compliance under this section.
HARASSMENT POLICY 20. Harassment Policy. Within ninety (90) days from the entry ofthis Decree, Defendant shall adopt a national origin and race harassment policy that meets the following criteria: States that Defendant: (i) prohibits discrimination against any employee on the basis of national origin or race in violation of Title VII; (ii) prohibits any act, policy or practice that has the effect of harassing or intimidating any employee on the basis of national origin or race in violation of Title VII; (iii) prohibits any act, policy or practice that has the effect ofcreating, facilitating or permitting the existence of a work environment that is hostile to any employee through acts such as physical/verbal abuse and derogatory comments based on national origin or race in violation ofTitle
.
VII; (iv) defines and provides examples of race harassment; (v) provides for prompt investigation of national origin and race harassment complaints and for prompt action, which is appropriate and
5

effective, to remedy the discrimination; (vi) imposes a duty on all Defendant's officers, managers, and supervisory personnel to actively monitor all work areas to ensure compliance with Defendant's national origin and race harassment policy; (vii) encourages all Defendant employees report any incident and/or complaint ofnational origin or race harassment ofwhich they become aware to the person(s) responsible for handling such complaints; (viii) provides that upon the conclusion of Defendant's investigation, the results ofthe investigation and the remedial actions taken or proposed will be promptly communicated in writing to the complaining party; (ix) provides for substantial and progressive discipline for violating Defendant's national origin and race harassment policy up to and including discharge; (x) requires that all employees report incidents of national origin or race harassment to the person(s) identified by Defendant the person(s) charged with the responsibility for investigating discrimination complaints; and (xi) provides that Defendant's race harassment policy and complaint procedures be in drafted in plain and simple English and Spanish.
TRAINING 21. Defendant shall provide live, in-person Equal Employment Opportunity ("EEO") training to its owner, managers and employees regarding employment discrimination, including, but not limited to the illegality ofnational origin, race harassment, race-based employment decisions and retaliation. All participants shall be required to sign a registry upon completion ofthe training. The training shall be conducted within 90 days of the entry of this Decree, and shall be conducted annually at or near the anniversary of the first session. The training shall be videotaped while it is being conducted. The training shall be conducted in English and in Spanish. 22. The t~aining portion on national origin and race harassment shall (i) explain that national origin and race harassment is unlawful; (ii) instruct what conduct may constitute national
6

origin or race harassment; (iii) explain the damaging effects ofnational origin and race harassment on its victims, their families, their co-workers, and the workplace environment; (iv) ensure that Defendant knows how to enforce its harassment policy; (v); acknowledge that the epithets that were the underlying cause of this action (e.g., "mojado" and ''weback'') were illegal and warn that anything approaching similar conduct will lead to automatic suspension without pay ofthe accused, likely termination; and (vi) acknowledge the full terms of this Consent Decree.
23. Defendant shall notify the Commission about each training session prior to its commencement. The notice shall indicate the time, place and date ofthe training. The EEOC shall have the right to attend the training sessions and shall send no more than three (3) representatives to each training session.
24. The agenda, the teaching materials and the name ofthe trainer shall be submitted to the EEOC for approval prior to the training. EEOC shall then have fourteen (14) business days from the date ofreceipt ofthe information to accept orreject the contents ofthe topic outline. In the event that EEOC does not approve Defendant's materials or trainer, Defendant shall have ten (10) business days to submit a revised outline.
25. Following the training, Defendant shall notify the EEOC ofthe training by indicating when and where the training took place, the duration ofthe training, and the identity ofthe trainers and the attendees. A copy of the registry and videotape shall be submitted to the EEOC as part of Defendant's reporting obligations. Reports of the training shall be sumitted to the EEOC no more
. than 14 days following the training. The notification or report shall be submitted to the EEOC at the
following address: Rudy L. Sustaita, EEOC Houston District Office, 7th Floor, Houston, Texas 77002.
7

POSTING REQUIREMENT 26. Within fourteen (14) business days after entry of this Decree, Defendant shall post copies of the Notice attached as Exhibit "A" to this Decree at all its Houston facilities in conspicuous locations easily accessible to and commonly frequented by employees. The Notice shall remain posted for the duration of this Decree. Defendant shall ensure that the postings are not altered, defaced or covered by any other material. Defendant shall certify to the EEOC in writing within Fourteen (14) business days after entry of the Decree that the Notices have been properly posted. Defendant shall permit a representative of EEOC to enter its premises for purposes of verifying compliance with this Paragraph at any time during normal business hours.
RECORD KEEPING 27. During the term of this Decree, Defendant shall maintain records (including name, sex, age, social security number, address and telephone number) of each person who is currently employed with Defendant and those who are hired by Defendant for any duration oftime during this Consent Decree. The EEOC may contact any current employee of Defendant who has made a complaint of discrimination against Defendant or any employee, officer, or owner of Defendant, or if a current employee is a potential witness who is necessary for the investigation of a claim of discrimination that has been made by another Defendant employee against Defendant, officer, employee of or director or owner of Defendant. The word "complaint" shall mean a formal or informal, oral or written complaint of discrimination. However, nothing shall prohibit the EEOC from communicating with a current employee who has initiated contact with the EEOC. 28. During the term of this Decree, Defendant shall maintain records (including name,
8

sex, age, social security number, address and telephone number) of each person who complains, either orally or in writing, of race discrimination. Additionally, Defendant shall maintain records of the investigation and resolution of each complaint.
29. During the tenn ofthis Decree, Defendant shall provide to the EEOC, at Defendant's expense, copies of complaints and documents relating to complaints filed or made pursuant to investigations, findings, and remedial actions undertaken by Defendant as described in Paragraphs 18, 19,20,21,22, and 28.
30. Nothing contained in this Decree shall be construed to limit any obligation Defendant may otherwise have to maintain records under Title VII or any other law or regulation.
REPORTING 31. Defendant shall furnish to EEOC the following written reports semiannually for the tenn of this Decree. The first report shall be due six (6) months after entry of the Decree. All subsequent reports shall be due in six month intervals. The final report shall be due one month before the expiration ofthe Decree. Each report shall contain:
(a) Infonnation gathered pursuant to paragraphs 18, 19,20,21, and 22; (b) Copies of all complaints and documents relating to complaints filed or made pursuant to Paragraphs 18, 19,20,21,22,28 and 29; (c) All written findings relating to the complaint and investigation and remedial actions proposed pursuant to Paragraphs 18, 19,20,21,22,28 and 29; (d) . All documents relating to resolution of the complaints and any remedial actions taken, if any, under Paragraphs 18, 19, 20, 21, 22, 28 and 29;
9

(e) A certification by Defendant that the Notices required in Paragraph 26 remained posted during the entire term of this Decree;
(f) A certification that the terms ofthe following Paragraphs are being complied with and have been complied with 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19,20,21,22,23,24,25, 26,27,28,29,30,32,33;
(g) Full copies ofthe revised policies as described in Paragraphs 18, 19,20, and 28;
32. During the term ofthis Consent Decree, Defendant shall provide all employees hired after the entry of this Decree with a copy of Defendant's policies and complaint procedures concerning race harassment.
LWSON 33. Within 30 days of the entry of this Decree, Defendant shall name a Liaison with whom the Commission can communicate regarding compliance with this Decree. Defendant shall provide the Liaison's name, title (if applicable) work address, and work telephone number. The Liaison shall be responsible for making reports under this Decree and for communicating with the Commission regarding compliance with each term ofthis Decree.
PERIODIC INSPECTIONS 34. Upon reasonable notice from the Commission but not less than three (3) days, Defendant shall allow the Commission to inspect its premises for compliance with this Decree. The Commission shall inspect Defendant's premises four (4) times during a calendar year for the duration of this Decree. The' Commission may also inspect the premises because of a complaint by an employee.
10

MISCELLANEOUS PROVISIONS 35. Defendant shall bear the costs associated with administering and implementing the provisions of this Decree. 36. The EEOC, and Defendant shall bear their own costs and attorney's fees. 37. This Consent Decree is final and binding on all parties to this action, including all principals, agents and successors in interest to Defendant, as well as any person acting in concert with them. Defendant has a duty to so notify all such successors in interest oftheir responsibilities in this regard, and must immediately (but no later than fourteen (14) days) advise the Commission in the event that a successor in interest exists. 38. The provisions of Consent Decree shall remain in effect for five (5) years from its entry.

~ay Of~qM~,--=-=:...J· SO ORDERED AND ENTERED this

'---_ _ _ _, 2006 at Houston,

Texas.

United States District Judge

11

Equal Employment Opportunity is
THE LAW

Employers
H01ding Federal
Contracts or
Subcontracts
Applicants to and employees of companies With a Federal govern· ment contract or subcontract are protected under the following Federal authoritles'
RACE. COLOR, RELIGION, SEX. NATIONAL ORIGIN
Executive Order I 1246, as amended. prohibits job discrimination on the basis of race. color. religion. sex or national origin, and requires affirma· tive action to ensure equality of opportunity In all aspects of employment.
INDIVIDUALSWITH DISABILITIES
Section 503 of the Rehabilitation Act of 1973. as amended. prohibits job discrimination because of disability and reqUires affirmative action to employ and advance in employment qualified individuals With disabilities who. with reasonable accommodation. can perform the essential functions
of a job
VIETNAM ERA. SPECIAL
DISABLED. RECENTLY SEPARATED, AND OTHER PROTECTED VETERANS
38 U.s.c. 4212 of the Vietnam Era Vetel'ans' Readjustment AsSistance Act of 1974. as amended. prohibits job discl-iminatlon and requires affirmative actio n to employ and advance In employment qualified Vietnam era veterans. qualified special disabled veterans. recently separarted veterans, and other protected veterans.
Any person who believes a contractor has vi olated its nondiscrimination or. affirmative action obligatlons undetthe authOrities above should con~t immediately:
The Office of Federal Contract Compliance Programs (OFCCP): Employment Standards Administration. U.S. Department of Labor, 200 Constitution Avenue. N.W.. Washington.D.C. 20210 or call (202) 693·010 I, or an OFCCP regional or district office. listed In most telephone directOries under U.S. Government.Department of Labor.

Private Employment, State and Local Governments, Educational Institutions
Applicants to and employees of most private employers. st.'lte and local governments. educational institutions, employment agenCies and labor organizations are protected under the follOWing Federal laws,
RACE, COLOR, RELIGION, SEX. NATIONAL ORIGIN
Title VII of the Civil Rights Act of 1964. as amended. prohibits discrimination In hiring. promotion. discharge. pay. fringe benefits. job training. classification, referral. and other aspects of employment, on the basis of race. color, religion. sex or national origin.
DISABILITY The Americans with Disabilities Act of 1990. as amended. protects qualified applicants and employees with disabilities from discrimination In hiring, promotion, discharge. pay, lob training, fringe benefits, classification. referral. and other aspects of employment on the basis of disability. The law also reqUires that covered entities provide qualified applicants and employees with disabilities with reasonable accommodations that do not Impose undue hardship.
AGE The Age Discrimination in EmploymentAct of 1967, as amended. protects applicants and employees 40 years of age or older from diSCrimination on the basis of age in hiring, promotion. discharge. compensation. terms, conditions or privileges of employment.
SEX (WAGES) In addition to sex discrimination prohibited by Title VII of the Civil Rights Act of 1964. as amended (see above). the Equal Pay Act of 1963, as amended. prohibits sex discrimination in payment of wages to women and men performing substantially equal work in the same establishment.
Retaliation against a person who files a chal'ge of discrimination, participates in an Investigation, or opposes an unlawful employment practice is prohibited by all of these Federal laws.
If you believe that you have been discriminated against under any of the above laws. you should contact immediately:
The U.S. Equal Employment Opportunity Commission (EEOC). 1801 L Street. N.W..Washmgton. D.C. 20507 or an EEOC field office by calling toll free (800) 669-4000. For individuals with hearing impairments. EEOC's toll free TDD number IS (800) 669·6820.

Programs or
Activities Receiving
Federal Financia1
Assistance
RACE. COLOR. RELIGION. NATIONAL ORIGIN, SEX
111 addition to the protection of Title VII of the Civil Rights Act of 1964. as amended. Title VI of the Civil Rights Act prohibits discrimination on the basis of race. color or natlonal origin In programs or activities receiving Federal financial assistance. Employment disclimination is covered by Title VI If the primary objective of the financial assistance IS prOVision of employment. or where employment diSCrimination causes or may cause discrimination In prOViding services under such programs. Title IX of the Education Amendments of 1972 prohibits employment discrimination on the basis of sex 111 educational programs or activities which receive Federal assistance.
INDIVIDUALS WITH DISABILITIES
Sections SO I, 504 and 505 of the Rehabilitation Act of 1973, as amended, prohibits employment discrimination on the basis of disability In any program or activity which receives Federal financial assistance in the federal government. Discrimination is prohibited in all aspects of employment against persons with disabilitles who. With reasonable accommodation. can perform the essential functions of a job.
If you believe you have been discriminated against in a program of any institution which receives Federal assistance, you should contact Immediately the Federal agency proViding such assistance.

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

https://ecf.txsd.uscourts.gov/cgi-bin/DktRpt.pl?109733338559181-L_3...

U.S. District Court SOUTHERN DISTRICT OF TEXAS (Houston) CIVIL DOCKET FOR CASE #: 4:04-cv-03866

CLOSED

Equal Employment Opportunity Commission v. Gilbert Plumbing Company Inc Assigned to: Judge Keith P Ellison Cause: 42:2000 Job Discrimination (Race)

Date Filed: 09/27/2004 Date Terminated: 02/14/2006 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 Gilbert Plumbing Company Inc

represented by Wyley Hunter Shurtleff Davis and Davis PO Box 3610 2900 Trophy Dr. Bryan, TX 77805 979-776-9551 Fax: 979-776-2712 Email: hshurtleff@davisdavislaw.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed 09/27/2004

#

Docket Text

1 COMPLAINT against Gilbert Plumbing Company Inc (Filing fee not required) filed by Equal Employment Opportunity Commission.(ncavazos, ) (Entered: 09/29/2004)

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09/27/2004
09/27/2004 10/21/2004 10/25/2004 11/17/2004 01/14/2005 01/17/2005 01/28/2005 02/08/2005 03/04/2005
07/22/2005 07/25/2005
12/02/2005
12/05/2005

2 ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons Initial Conference set for 1/21/2005 01:00 PM in Courtroom 9F before Judge Nancy F. Atlas.( Signed by Judge Nancy F. Atlas ) Parties notified.(ncavazos, ) (Entered: 09/29/2004)
Summons Issued as to Gilbert Plumbing Company Inc , filed.(ncavazos, ) (Entered: 09/29/2004)
3 ANSWER to Complaint by Gilbert Plumbing Company Inc, filed.(mgore, ) (Entered: 10/25/2004)
4 SUMMONS Returned Executed. Gilbert Plumbing Company Inc served on 10/18/2004, answer due 11/7/2004, filed.(sfedele, ) (Entered: 10/27/2004)
5 CERTIFICATE OF INTERESTED PARTIES by Equal Employment Opportunity Commission, filed.(sfedele, ) (Entered: 11/19/2004)
6 ORDER, Deadlines terminated. the conference scheduled for January 21, 2005 at 1:00 p.m. is cancelled until rescheduled by further order of the court.( Signed by Judge Nancy F. Atlas ) Parties notified.(sashabranner, ) (Entered: 01/14/2005)
7 NOTICE of Reassignment. Pursuant to Special Order No. H-2005-1, this case is reassigned to Judge Keith P Ellison. Deadlines in scheduling orders remain in effect. All court settings are vacated , filed. (bgoolsby, ) (Entered: 01/17/2005)
8 REQUEST for Status Report, filed. (jholland, ) (Entered: 01/28/2005)
9 JOINT REPORT by Equal Employment Opportunity Commission, Gilbert Plumbing Company Inc, filed.(mgore, ) (Entered: 02/10/2005)
10 SCHEDULING ORDER: Pltf Expert Witness List due by 6/1/2005 Deft Expert Witness List due by 7/18/2005 Discovery due by 9/9/2005 Dispositive Motion Filing due by 10/17/2005 Trial set for 1/23/2006 at 08:30 AM before Judge Keith P Ellison.( Signed by Judge Keith P Ellison ) Parties notified.(kmurphy, ) (Entered: 03/04/2005)
11 JOINT MOTION to Amend 10 Scheduling Order, by all parties, filed. Motion Docket Date 8/11/2005. (Attachments: # 1 Proposed Order)(kmurphy, ) (Entered: 07/22/2005)
12 ORDER granting 11 MOTION to Amend 10 Scheduling Order,, Pltf Expert Report due by 8/2/2005 Deft Expert Report due by 9/6/2005 Discovery due by 12/20/2005 Dispositive Motion Filing due by 1/10/2006 Joint Pretrial Order due by 2/21/2006 Jury Trial set for 3/6/2006 at 08:30 AM in Courtroom 8C before Judge Keith P Ellison.( Signed by Judge Keith P Ellison ) Parties notified.(dhansen) (Entered: 07/27/2005)
13 JOINT MOTION to Amend Scheduling Order by Equal Employment Opportunity Commission, Gilbert Plumbing Company Inc, filed. Motion Docket Date 12/22/2005. (Attachments: # 1 Proposed Order)(ltien, ) (Entered: 12/05/2005)
14 ORDER Non-Evidentiary Hearing set for 12/8/2005 at 11:00 AM in Room 8631 before Judge Keith P Ellison.( Signed by Judge Keith P Ellison ) Parties notified.(svaught, ) (Entered: 12/05/2005)

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12/08/2005
12/12/2005 01/27/2006 02/07/2006 02/08/2006 02/14/2006
03/30/2006 04/11/2006 04/11/2006 04/11/2006

15 Minute Entry for proceedings held before Judge Keith P Ellison. Proceedings held on 12/8/2005. The Court did not grant a trial continuance, but extended the discovery deadline to January 20, 2006 and extended the dispositive motions deadline to January 27, 2006. An Order will be entered extending these dates. Appearances: Wyley Hunter Shurtleff and Rodolfo Lucio Sustaita (via telephone)(Court Reporter: Ed Reed)(Law Clerk: Sarah Sulkowski) (Judicial Asst: Lynda Lerma), filed.(llerma, ) (Entered: 12/12/2005)
16 SCHEDULING ORDER: Discovery due by 1/20/2006 Dispositive Motion Filing due by 1/27/2006.( Signed by Judge Keith P Ellison ) Parties notified.(svaught) (Entered: 12/12/2005)
17 MOTION for Summary Judgment by Gilbert Plumbing Company Inc, filed. Motion Docket Date 2/16/2006. (espencer, ) Additional attachment(s) added on 1/30/2006 (espencer, ). (Entered: 01/30/2006)
18 UNOPPOSED MOTION for Additional Time to Respond by Equal Employment Opportunity Commission, filed. Motion Docket Date 2/27/2006. (Attachments: # 1 Proposed Order)(mkallie, ) (Entered: 02/08/2006)
19 ORDER granting 18 Motion for Extension of Time . The Commission shall respond to Defendant's Motion by not later than seven days after the current response deadline.( Signed by Judge Keith P Ellison ) Parties notified.(bthomas, ) (Entered: 02/08/2006)
20 CONDITIONAL ORDER OF DISMISSAL: The Court has been informed partis have reached a settlement; this case is DISMISSED without prejudice subject to reinstatement within 60 days. The pending 17 MOTION for Summary Judgment is DENIED as Moot.( Signed by Judge Keith P Ellison ) Parties notified.(psmith, ) (Entered: 02/14/2006)
21 RETURN of Service Executed as to Allen Mielke on 1/17/06 re: Subpoena, filed.(jbradford, ) (Entered: 03/30/2006)
22 CONSENT DECREE .( Signed by Judge Keith P Ellison ) Parties notified.(svaught) (Entered: 04/11/2006)
23 FINAL JUDGMENT .( Signed by Judge Keith P Ellison ) Parties notified.(llerma) (Entered: 04/12/2006)
24 JOINT MOTION for Approval of and Enter a Consent Decree in Resolution of Suit by Equal Employment Opportunity Commission, Gilbert Plumbing Company Inc, filed. Motion Docket Date 5/1/2006. (Attachments: # 1 Proposed Order)(sguevara, ) (Entered: 04/12/2006)

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