IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS
CORPUS CHRISTI DIVISION

•

EQUAL EMPLOYMENT OPPORTUNITY

)

COMMISSION,

' )

Plaintiff,

)

)

v.

)Civil Action No.

)

JAMES 0. "SKIP" BAKER,

)

D/B/A BAKER INVESTMENT COMPANY

)

AND MR. GATTI'S PIZZA,

)

________________D_e_f_e_n_d_a_n_t_. __________

)
)

United States Dirtrict Court Southern District of Texas
ENTERED
DEC 2 11998
Michael N. Milby
Clerk of Court
/
\~
C-98-422

CONSENT DECREE
The parties to this Consent Decree are the Plaintiff, United States Equal Employment Opportunity Commission ("EEOC"), Defendant, James 0. ''Skip'' Baker, d/b/a Baker Investment Company and Mr. Gatti's Pizza, ("Baker"). This Consent Decree resolves the above-referenced Civil Action No. C-98-422. The EEOC initiated this lawsuit under Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. Sections 2000e, et sea. ("Title VII"), and Title I of the Civil Rights Act of 1991, 42 U.S.C. §1981a. The Complaint was filed to correct unlawful employment practices on the bases of sex and retaliation and to provide appropriate relief to Haley Richard and at least one other female, who were adversely affected by such practices.
The EEOC and Baker wish to settle this action, without the necessity of further litigation, pursuant to the terms delineated in this Decree.
IT IS ORDERED, ADJUDGED AND DECREED as follows:

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1. This Court has jurisdiction of the subject matter of the

action

and the

parties,

venue

•
lS

proper,

and

all

administrative

prerequisites to the filing of this action have been met. The

Complaint states claims on behalf of Haley Richard and at least one

other female, that if proved, would authorize this Ccurt to grant

relief against Baker, pursuant to Title VII.

2. This Decree resolves those claims acainst Ba~~~ raised in ~
EEOC's Complaint iE this case. EEOC expressly resen~es its right

to process and litigate any other charges which may nc:~ be pending

or may in the future be filed against Defendant Baker.

3. The dura~ion of this Decree shall be one

from the

date of its filing with the Court. This Court sll.all retain

jurisdiction of th~s action during the period of this Decree and

may enter such othe~ and further relief as it deems appropriate tc

ensure implementation and enforcement of its prOV2• _S•lOnS. Anv ~
violation of the Consent Decree by Baker or his employees, agents,

or assigns shall toll the running of this one-year period as of the

date of violation.

If the Court subsequently determines this

Decree was violated, the one-year period shall recommence and

continue from the date of entry of an Order setting out such a

violation or until such time as ordered by the Court. Should the

Court find the Decree was not violated, the one-year period shall

recommence, retroacLive to the date of the filing of ~he pleading

alleging that a violation had occurred.

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"

4. Defendant Baker and his employees, agents or assigns are

enjoined from harassing Haley Richard, or any other employee(s),

past, present, or future, because of sex and retalia~ing against
•
them for complaini~g. The conduct enjoined includes creatl•na or ~

contributing to

hostile environment of sexual harassment,

permitting sexual harassment by any employee,

against an employe: for complaining of sexual harass~e~t.

5 . Defendar-~ Baker shall make no mention of

filina of ~

this Complaint or --'-". .'e underlying charge to anyone inc~uding Haley

Richard's prospect:. -,e employers. Defendant Baker sha~~. within 10

days of the filing iate of this Decree, remove from its records and

files any notatior-s, remarks or other indications ev:iencing that

Haley Richard file:i a discrimination charge, gave ~estimony or

assistance, or pa~~icipated in any ·manner l• n any i~~estigation,

proceeding, or hea~ing under Title VII.

6.

Defendan~

Baker,

without

admittina ~

liabilit'.-·

and

for

the

purpose of settling this dispute, shall pay to Haley ~ichard the

sum of $1,500.00 (C~e Thousand Five Hundred Dollars), :.n certified

funds or by cashiers check, as follows: the sum of $~=0.00 (Seven

Hundred Fifty Dollars) on or before December 17, 1992; the sum of

$7 50. 00 (Seven Hundred Fifty Dollars) on or before January 17,

1999. Such payme~ts shall be mailed directly to Ha~ey Richard,

1229 Memorial Parkway, Portland, Texas 78374-2439. Defe~dant Baker,

without admitting liability and for the purpose of settling this
•

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•
•
dispute, shall pay to Cassandra Rodriguez the sum of $1,000.00 (One Thousand Dollars), in certified funds or by cashiers check, as follows: the sum of $500. 00 (Five Hundred Dollars) on or before February 17, 1999 and the sum of $500.00 (Five Hundred Dollars) on or before March 17, 1999. Such payments shall be mailed directly to Cassandra Rodriguez, 109 Barracuda, Portland, Texas 78374.
A copy of the checks and accompanying trans~~~tal papers shall be contemporc.:--1eously forwarded to Robert B. Han;~n, Regional Attorney, Equal E::-.ployment Opportunity Commission, :.1ockingbird Plaza II, 5410 Fredericksburg Road, Suite 200, San A~~onio, Texas 78229.
7. Defendant Baker shall post a notice, for c.-:: least the duration of this Decree, of his intent to comply wit~ Title VII. Such notice shall be as set forth in Exhibit "A, " whicr. is attached
to this Decree. A copy of Exhibit "A" shall be c- osted in a
conspicuous place c.t the Baker facility located at 2400 Avenue F, Del Rio, Texas within ten days of the filing date of this Decree.
8. The term of this Decree shall be binding upon the EEOC and Defendant Baker and his employees, agents, as to those issues resolved herein.
9. Each party shall bear its own costs, including attorney's fees, incurred in this action.
10. The parties agree that there is no prevailing party in this action or proceeding.
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The Clerk shall furnish a copy hereof to each attorney of

record.

SO ORDERED.

Signed this

day of

998.

l I /'"'
•
JAMES 0. ".~ P" BAKER, .._., d/b/a Baker Investment
Company and Mr. Gatti's Pizza 206 Far Hills Del Rio, Texas 78840 (830) 775-4706 (830) 775-5641 (Fax)

RAHAM JACK States District ~~dae
~
Respectfully Submitted,
C. GREGORY STEWART General Counsel
GWENDOLYN YOUNG REAMS Associate General Counsel

/'/' .,

\ //

' '

' .

-/ROBERT B. HARWIN Regional Attorney

D.C. State Bar No.

076083

1-,:+-'----

'
/:

SUSAN B. BIGGS. Supervisory Trial Attorney Texas State Bar No. 02312500
,/
LINDA GUTIER Trial Attorney Texas State Bar No. 08642750
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
San Antonio District Office 5410 Fredericksburg Road
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DEFENDANT

•
Suite 200 San Antonio, Texas 78229-3555 (210) 281-7679 (210) 281-7669 (Fax)
ATTORNEYS FOR PLAINTIFF

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•

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION SAN ANTONIO DISTRICT OFFICE
5410 Fredericksburg Road - Suite 200 San Antonio, Texas 78229 Office: (21 0) 281-7600 FAX (210) 281-7606 TDD (210) 281-7610 WebSite: www.eeoc.gov
NOTICE TO ALL EMPLOYEES
JAMES 0. "SKIP" BAKER, D/B/A BAKER INVESTMENT COG'l?ANY AND MR. GATTI'S PIZZA IS FIRMLY COM~·:ITTED TO TR~ATING E~?LOYEES AN: APPLICANTS FOR EMPLOYMENT ACC::::RDING TO ME?IT WITHO::J':' REG.A.RD TC THEIR RACE, RELIGION, COLOR, NJ=..":='IONAL ORIGIN, SEX, OR THEIR HAVING ENGAGED IN ACTIVITY PROTECTED BY TITLE VII Or THE CIVI~ RIGHTS AC~ OF 1964, AS AMENDED. THIS ?OLICY APPLIES TO ALL EMPLOYMEl,~T DECISIONS, INCLUDING RECRUITME~T, RETENTION, PROMOTION, TRANSFER, LAYOFF AND/OR TERMINATION, ANC ALL OTHER TE?MS AND CO~DITIONS 0: EMPLOYMENT. JAMES 0. "SKIP" BA:<::::R, D/B/A BP..K:::R INVEST~!ENT COMPANY AND MR. GATTI'S PIZZA, WILL SPECIFICALLY NOT TOLE?...A.TE SEXUAL HARASSMENT OF HIS EMPLOYEES.
IF YOU BELIEVE YOU ARE BEI~G DISCRIMINATED AGAINST IN ANY TERM OR CONDITION OF YOUR EMPLOYMENT BECAUSE OF YOUR RACE, RELIGION, COLOR, NATIONAL ORIGIN, SEX, OR THAT YOU ARE BEING SUBJECTED TO HARASSMENT BECAUSE OF YOUR SEX, OR HAVING ENGAGED I~ TITLE VII PROTECTED ACTIVITY, YOU ARE ENCOURAGED TO SEEK ASSISTANCE FRON SUPERVISORY PERSONNEL, OR FROM THE UNITED STATES EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, 5410 F?EDERICKSBURG ROAD, SUITE 200, SA~ ANTONIO, TEXAS 78229-3550, (210) 281-7600 OR 1-800-669-4000.
EXHIBIT "A"
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-
NO RETALIATORY ACTION MAY BE TAKEN AGAINST YOU FOR SEEKING ASSISTANCE, FILING A CHARGE, OR COMMUNICATING WITH THE UNITED STATES EQUAL EMPLOYMENT OPPORTUNITY COMMISSION.
EEOC ENFORCES TITLE VII OF THE CIVIL RIGHTS ACT OF 1964, WHICH PROHIBITS EMPLOYMENT DISCRIMINATION BASED ON RACE, COLC:?., RELIGION, SEX OR NATIONAL ORIGIN; THE AGE DISCRIMINATION IN EMP~JYMENT ACT; THE EQUAL PAY ACT; PROHIBITIONS AGAINST DISCRIMINATI:~ AFFECTING INDIVIDUALS WITH D~SABILITIES IN THE FEDERAL SECTOR; SECTIONS OF THE CIVIL RIGHTS ACT OF 1991, AND TITLE I OF THE AE~~ICANS WITH DISABILITIES ACT, )IJHICH PROHIBITS DISCRIMINATION AC-:. · :.JST PEOPLE WITH DISABILITIES IN THE PRIVATE SECTOR AND STAT~ AND LOCAL GOVERNMENTS.
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_____ ,_-

 
 IN THE UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF TEXAS

CORPUS CHRISTI DIVISION

~

Michael N. Milby, Clerk

EQUAL EMPLOYMENT OPPORTUNITY

)

COMMISSION,

)

Plaintiff,

)

)

v.

)

Civil Action No

)
MR. GATTI'S INC. FORMERLY KNOWN )

-

-

AS BAKER INVESTMENT COMPANY

)

C 0 MP L A I N T

d/b/a MR. GATTI'S PIZZA,

)

JURY TRIAL DEMAND

_______________D__e_fe_n_d_a_n_t_.__________

)
)

NATURE OF ACTION
This is an action under Title VII of the Civil Rights Act of 1964, as amended, and Title I of the Civil Rights Act of 1991, to correct unlawful employment practices on the basis of sex, female, and to provide appropriate relief to Haley Richard and at least one other female, who were adversely affected by such practices. The Commission alleges that Haley Richard, a woman, and at least one other female were sexually harassed while employed by Mr. Gatti's Inc. formerly known as Baker Investment Company d/b/a Mr. Gatti's Pizza ("Mr. Gatti'sn). The Commission also alleges that Mr. Gatti's retaliated against Haley Richard by firing her because she refused the sexual advances of her manager. The Commission further alleges that the sexual harassment made the conditions of employment so intolerable1 that at least one other female was forced to resign her position.

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JURISDICTION AND VENUE
1. Jurisdiction of this Court is invoked pursuant to 28 U.S.C. §§451, 1331, 1337, 1343 and 1345. This action is authorized and instituted pursuant to Sections 706(f) (1) and (3) of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. §§ 2000e5 (f) (1) and (3) ("Title VII") and Section 102 of the Civil Rights Act of 1991, 42 U.S.C. §1981a.
2. The employment practices alleged to be unlawful were committed within the jurisdiction of the United States District Court for the Southern District of Texas, Corpus Christi Division.
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 Sections 706(f) (1) and (3) of Title VII, 42 U.S.C. §§ 2000e-5(f) (1) and (3) .
4. At all relevant times, the Defendant, Mr. Gatti's, was doing business in the State of Texas in the City of Portland, and had at least fifteen employees.
5. At all relevant times, the Defendant, Mr. Gatti's, was an employer engaged in an industry affecting commerce within the
2
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meaning of Section 701(b), (g), and (h) of Title VII, 42 U.S.C. § § 2 0 00e - (b ) , (g ) , and (h) .
STATEMENT OF CLAIMS
6. More than thirty days prior to the institution of this lawsuit, Haley Richard filed a charge with the Commission alleging violations of Title VII by the Defendant, Mr. Gatti's. All conditions precedent to the institution of this lawsuit have been fulfilled.
7. Since at least July 4, 1995, the Defendant, Mr. Gatti's, engaged in unlawful employment practices at its Portland facility located at 1512 Wildcat Drive, Portland, Texas, in violation of Section 703 (a) of Title VII, 42 U.S.C. § 2000e-2 (a) by: (a) subjecting Haley Richard and at least one other female to a hostile work environment because of their sex, female; (b)discharging Haley Richard because she refused the advances of her manager; and, (c) constructively discharging at least one other female because of her sex.
8. The effect of the practices complained of in paragraph seven above has been to deprive Haley Richard and at least one other female of equal employment opportunities and to otherwise adversely affect their status as employees, because of their sex.
9. The unlawful employment pract1• ces complained of l• n
3
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paragraph seven were intentional. 10. The unlawful employment practices complained of J' .n
paragraph seven above were done with malice or reckless indifference to the federally protected rights of Haley Richard and at least one other female.
PRAYER FOR RELIEF Wherefore, the Commission respectfully requests that this Court: A. Grant a permanent injunction enjoining the Defendant, Mr. Gatti's, its officers, successors, ass1' gns, and all persons J' .n active concert or participation with it, from engaging 1' n any employment practice which discriminat.es on the basis of sex; B. Order the Defendant, Mr. Gatti's , to make whole Haley Richard and at least one other female, by providing appropriate back pay with prejudgment 1' nterest, along with all appropriate benefits, in amounts to be proved at trial, and other affirmative relief necessary to eradicate the effects of its unlawful employment practices; C. Order the Defendant, Mr. Gatti's, to institute and carry
.
out policies, pract1' ces, and programs which provide equal employment opportunities for women, and which eradicate the effects of its past and present unlawful employment practices;
4
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D. Order the Defendant/ Mr. Gatti 1 S 1 to make whole Haley Richard and at least one other female 1 by providing compensation for past and future pecuniary losses resulting from the unlawful employment practices described in paragraph seven above 1 including/ but not limited to 1 medical expenses/ in amounts to be determined at trial;
E. Order the Defendant 1 Mr. Gatti's, to make whole Haley Richard and at least one other female, by providing compensation for past and future non-pecuniary losses resulting from the unlawful practices complained of in paragraph seven above, including, but not limited to, emotional pain, suffering, loss of enjoyment of life, and humiliation/ in amounts to be determined at trial;
F. Order the Defendant, Mr. Gatti'S 1 to pay Haley Richard and at least one other female punitive damages for its malicious and reckless conduct described in paragraph seven above, in amounts to be determined at trial;
G. Grant such further relief as the Court deems necessary and proper in the public interest; and
H. Award the Commission its costs in this action. JURY TRIAL DEMAND
The Commission requests a jury trial on all questions of fact
5
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raised by its complaint.

Respectfully submitted,
C. GREGORY STEWART General Counsel
GWENDOLYN YOUNG REAMS Associate General Counsel

ROBERT B. HARWIN Regional Attorney State Bar No. 076083 (District of Columbia)

, ___

<

,/

/
/

SUSAN B. BIGGS ' Supervisory Trial Attorney Texas State Bar No. 02312500

./
LINDA GUT! Trial Texas State Bar No. 08642750

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
San Antonio District Office 5410 Fredericksburg Road Suite 200 San Antonio, Texas 78229-3555 (210) 281-7679 (210) 281-7669 (Fax)

ATTORNEYS FOR PLAINTIFF

6

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

https://ecf.txsd.uscourts.gov/cgi-bin/DktRpt.pl?224923582235625-L_3...

U.S. District Court SOUTHERN DISTRICT OF TEXAS (Corpus Christi)
CIVIL DOCKET FOR CASE #: 2:98-cv-00422

CLOSED

EEOC v. Baker, et al Assigned to: Judge Janis Graham Jack Demand: $0 Cause: 42:2000 Job Discrimination (Sex) Plaintiff Equal Employment Opportunity Commission
V. Defendant James O "Skip&qu Baker doing business as Baker Investment Company doing business as Mr Gatti's Pizza

Date Filed: 09/28/1998 Date Terminated: 12/16/1998 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff
represented by Linda Gutierrez EEOC 5410 Fredericksburg Rd Ste 200 San Antonio, TX 78229-3555 210-281-7637 Fax: 210-281-7669 fax LEAD ATTORNEY ATTORNEY TO BE NOTICED
Robert B Harwin EEOC 5410 Fredericksburg Rd Ste 200 San Antonio, TX 78229-3555 210-229-4830 ATTORNEY TO BE NOTICED
Susan B Biggs Office of the US Attorney 601 NW Loop 410 Ste 600 San Antonio, TX 78216 210-384-7255 Fax: 210-384-7247 ATTORNEY TO BE NOTICED
represented by James O "Skip&qu Baker 206 Far Hills Del Rio, TX 78840 830-775-4706 PRO SE

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Date Filed 09/28/1998 09/28/1998
11/09/1998 11/09/1998 11/16/1998 11/16/1998 11/17/1998 11/18/1998 11/20/1998 11/20/1998
12/09/1998 12/14/1998
12/16/1998 12/16/1998
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Docket Text

1 COMPLAINT filed; (mserpa) (Entered: 09/30/1998)
2 ORDER FOR CONFERENCE AND DISCLOSURE OF INTERESTED PARTIES set initial pretrial and scheduling conference for 1:15 11/20/98 before Judge Janis Graham Jack , entered; Parties notified. () (mserpa) (Entered: 09/30/1998)
3 Certificate of Disclosures of Interested Parties by EEOC , filed (fmremp) (Entered: 11/13/1998)
4 JOINT DISCOVERY/Case Management Plan by EEOC , filed. (fmremp) (Entered: 11/13/1998)
5 ORDER striking [3-1] notice , entered; Parties notified. ( signed by Judge Janis Graham Jack ) (mserpa) (Entered: 11/17/1998)
6 ORDER striking [4-1] discovery , entered; Parties notified. ( signed by Judge Janis Graham Jack ) (mserpa) (Entered: 11/17/1998)
8 ORDER denying [7-1] motion to continue date for the initial pretrial and scheduling conference , entered; Parties notified. ( signed by Judge Janis Graham Jack ) (fmremp) (Entered: 11/19/1998)
7 MOTION to continue date for the initial pretrial and scheduling conference by EEOC Linda Gutierrez for plaintiff EEOC, Motion Docket Date 12/8/98 [7-1] motion , filed. (fmremp) (Entered: 11/18/1998)
9 ORDER reset scheduling conference for 1:15 12/17/98 before Judge Janis Graham Jack , entered; Parties notified. ( signed by Judge Janis Graham Jack ) (fmremp) (Entered: 11/23/1998)
10 Scheduling conference before Judge Janis Graham Jack held before Judge Janis Graham Jack Ct Reporter: Velma Gano Tape Number: 3. Case called. Appearances made. Discussion of service upon dft. Dfts. appear pro se. Court allows dft. 30 days to retain counsel. Court resets proceeding for 12/17/98. Court orders dft. to supply retained counsel with proposed scheduling order and complaint. Adjourn. (fmremp) (Entered: 11/24/1998)
11 Unopposed MOTION to amend [1-1] complaint by EEOC, Motion Docket Date [11-1] motion , filed. (mserpa) (Entered: 12/14/1998)
12 ORDER granting [11-1] motion to amend [1-1] complaint , entered; Court enters order to amend caption of case to EEOC vs. James O. "Skip" Baker, d/b/a Baker Investment Company and Mr. Gatti's Pizza. Parties notified. ( signed by Judge Janis Graham Jack ) (fmremp) (Entered: 12/16/1998)
13 JOINT MOTION to enter consent decree by EEOC, James O "Skip" Baker , filed (fmremp) (Entered: 12/16/1998)
14 WAIVER OF SERVICE Returned Executed as to James O "Skip" Baker 12/7/98 Answer due on 2/5/99 for James O "Skip" Baker , filed. (fmremp) (Entered:

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

https://ecf.txsd.uscourts.gov/cgi-bin/DktRpt.pl?224923582235625-L_3...

12/16/1998 12/16/1998 12/16/1998

12/16/1998)
15 CONSENT DECREE, entered; Parties notified ( signed by Judge Janis Graham Jack ) (fmremp) (Entered: 12/21/1998)
16 FINAL JUDGMENT/ORDER ENTERING CONSENT DECREE, entered. Parties ntfd. ( signed by Judge Janis Graham Jack ) (fmremp) (Entered: 12/21/1998)
Case closed (fmremp) (Entered: 12/21/1998)

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