IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF NORTH CAROL!

i
F\LED S(P 1 4 71105

EQUAL EMPLOYMENT

)

OPPORTUNITY COMMISSION,

)

)

Plaintiff,

)

)

V.

)

)

QUIK-CHEK, INC.

)

)

Defendant.

)

------------------------)

COMPLAINT JURY TRIAL DEMAND
1:0 5CVOOBO 1

NATURE OF THE ACTION

This IS an action under Title VII of the CivIl Rights Act of 1964 and TItle I of the CivIl

Rights Act of 1991, to correct unlawful employment practIces on the basIs of retalIation, and to

provide appropnate rehefto Wanda SmIth, who was adversely affected by such practices The

Equal Employment Opportumty Commission (the "COnUTIlSSlOn") contends that Defendant

QUlk-Chek, Inc discharged Ms SmIth In retalIation for her complaints about harassment

because of her race, black, and because she threatened lItigation related to her complall1ts about

racIal harassment

JURISDICTION AND VENUE

1

Junsdlctlon of this Court IS mvoked pursuant to 28 USC §§ 451,1331,1337,

1343 and 1345 ThiS actJon IS authonzed and mstIlIlted pursuant to SectIOn 706(f)(1) and (3) of

Title VII of the CIVIl Rights Act of 1964, as amended, 42 USC § 2000e-5(f)( I) and (3) (''TItle

VII") and Section 102 of the CIvil Rights Act of 1991, 42 USC § 1981a

2

The employment practices alleged to be unlawful were committed wIthll1 the

JunsdlctlOn of the Umted States Dlstnct Court for the Middle Dlstnct of North CarolIna

Case 1:05-cv-00801-JAB-RAE Document 1 Filed 09/14/2005 Page 1 of 5

PARTIES

3

Plaintiff, the Equal Employment Opportunity Commission, IS the agency of the

United States of Arnenca charged with the administration, interpretation and enforcement of

Title VII, and IS expressly authonzed to bring this actIOn by Section 706( 1)( I) and (3) of Title

VI1, 42 USC § 2000e-5(f)(I) and (3)

4

At all relevant times, Defendant QlIlk-Chek, Inc has continuously been a North

Carolina corporatIOn dOing bUSiness In the State of North Carolina and the cilles of Ramseur and

Franklinville, and has continuously had at least fifteen (15) employees

5

At all relevant times, Defendant QUlk-Chek, Inc has contllluously been an

employer engaged In an II1dustry affecting commerce wlthll1 the meamng of SectIOns 701(b), (g)

and (h) ofTJtle VII, 42 USC §§ 2000e(b), (g) and (h)

STATEMENT OF CLAIMS

6

More than thirty days pnor to the Inslltutlon of thiS lawslllt, Wanda Smith filed a

charge with the Commission allegll1g VIOlatIOns of Title VI1 by Defendant All conditions

precedent to the institution of this laWSUit have been fulfilled

7

On or about March 11,2004, Defendant engaged 111 an unlawful employment

practice at ItS Frankhnville, North Carolina store, 111 vlOlal1on of SectIOn 704(a) of Title VII, 42

USC §2000e-3(a), by discharglllg Wanda Smith because she opposed employment pracllces

made unlawful by Title VI1 SpeCifically, on several occaSIOns between July 2003 and March

2004, Ms Smith complall1ed to Defendant that she believed that she was being harassed because

of her race, black, while working at Defendant's Ramseur, North Carolina store Thereafter,

around March 5, 2004, Defendant transferred Ms Smith to ItS Franklinville, North Carolina

2

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store On or about March 7, 2004, Ms Smah sent Defendant a letter m which reiterated her pnor

complamts about the conduct she reasonably believed to be racial harassment, and complamed

about the Defendant's response to her pnor complamts Ms Smith further mdlcated In her letter

that litigatIOn could ensue as a result of the matters that were the subject of her complaints On

March 11,2004, Defendant discharged Ms Smith In retaliahon for her complaints about laclal

harassment and her threat to file SUit based on the perceived racial harassment

8

The effect of the practices complamed ofm paragraph 7 above has been to

depnve Wanda Smith of equal employment opportumtles and otherwise adversely affect her

status as an employee because of her oppositIOn to employment practices that she reasonably

believed to be unlawful under Title VII and/or Defendant's anticipation of Ms Smith's

partiCipatIOn m a proceedmg under Title VII related to those employment practices

9

The unlawful employmem practices complamed ofm paragraph 7 above were

intentIOnal

10 The unlawful employment practices complamed ofm paragraph 7 above were

done with malice or with reckless mdlfference to the federally protected nghts of Wanda Smith

PRAYER FOR RELIEF

Wherefore, the CommiSSIOn respectfully requests that thiS Court

A Grant a permanent mJunctlon ellJOlmng Defendant, Its officers, successors,

assigns, and all persons In active concert or partiCipatIOn wah It, fi-om dlscl1mmatmg agamst

current or former employees based on their oppOSItion to unlawful employment practices or

employment practices which they reasonably believe to be declared unlawful by any statute

3

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enforced by the ConumsslOn and/or their participatIon In any proceedIng under any statute

enforced by the ComnusslOn

B Order Defendant to Institute and carry out pohcles. practices, and programs which

provide equal employment opportunities for employees who oppose employment practices which

the employee reasonably beheves to be unlawful under any statute enforced by the CommiSSIOn

and/or who participate In any proceedIng under any statute enforced by the Commission

C

Order Defendant to make whole Wanda Smith, by proVidIng appropnate back

pay With prejudgment Interest, tn amounts to be deterrl1lned at tnal, and other affinnatlve relIef

necessary to eradicate the effects of Its unlawful employment practices, Includmg but not lImited

to reInstatement of or front pay for Wanda Smith

D Order Defendant to make whole Wanda Smith, by provldmg compensation for

past and future pecul1lary losses resultmg from the unlawful employment practices descnbed In

paragraph 7 above. tncludIng but not lmuted to Job search expenses. III amounts to be detenlllned

at tnal

E Order Defendant to make whole Wanda Smllh, by proVidIng compensal1on for

past and future non-pecul1lary losses resultlllg from the unlawful employment practices

complatned of In paragraph 7 above, Including but not lImited to emotIOnal pain, 5uffenng,

Inconvel1lence, loss of enjoyment of hfe, loss of CivIl nghts, and humilIation, In amounts to be

detenmned at tnal

F

Order Defendant to pay Wanda Smith pUI1l11ve damages for ItS mahclous and

reckless conduct descnbed In paragraph 7 above, In amounts to be determtned at tnal

4

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G Grant such further rehef as the Court deems necessary and proper m the public mterest
H Award the CommlsslOn Its costs of this actIOn JURy TRIAL DEMAND
The Commission requests a JUry tnal on all questions of fact raised by Its complaint th
DATED this the \ L\ day of September, 2005

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 105070.

~« A ~~ M LETTEA BARNES

7U\A
LP1 r "-

Actmg Regional Attorney, Charlotte Dlstnct Office

EQUAL EMPLOYMENT OPPORTUNlTY

COMMISSION

129 West Trade Street, SUite 400

Charlotte, North Carolina 28 02
&.G~of-

Semor Tnal Attorney EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Raleigh Area Office 1309 Annapohs Dnve Raleigh, North Carolina 27608 Telephone (919) 856-4080 FaCSimIle (919) 856-4156

5

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 IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF NORTH CAROLINA
CIVIL ACTION NO. 1:05CV00801

EQUAL EMPLOYMENT

)

OPPORTUNITY COMMISSION,

)

)

Plaintiff,

)

)

v.

)

)

QUIK-CHEK, INC.,

)

)

Defendant.

)

)

__________________________________ )

CONSENT DECREE

The Equal Employment Opportunity Commission (the “Commission”) instituted this action pursuant to Section 706(f)(1) and (3) of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. Section 2000e-5(f)(1) and (3) (“Title VII”) and Section 102 of the Civil Rights Act of 1991, 42 U.S.C. § 1981a. The Commission’s complaint alleged that Defendant Quik-Chek, Inc. violated Title VII by discharging Wanda Smith in retaliation for her complaints about racial discrimination.
The Commission and the Defendant, Quik-Chek, Inc. (the “Defendant”), hereby stipulate to jurisdiction of the Court over the parties and agree that the subject matter of this action is properly before the Court.
The parties have advised this Court that they desire to resolve the allegations in the Complaint without the burden, expense, and delay of further litigation.
It is therefore the finding of this Court, made on the pleadings and the record as a whole, that: (1) the Court has jurisdiction over the parties and the subject matter of this action; (2) the

Case 1:05-cv-00801-JAB-RAE Document 18 Filed 06/28/2006 Page 1 of 7

purpose and provisions of Title VII will be promoted and effectuated by the entry of the Consent Decree; and (3) this Decree resolves all matters in controversy between the parties as provided in paragraphs 1 through 16 below.
It is therefore ORDERED, ADJUDGED AND DECREED as follows: 1. Defendant shall not discriminate against any person on the basis of race or any other protected category within the meaning of Title VII of the Civil Rights Act of 1964. 2. Defendant shall not discriminate or retaliate against any person because of opposition to any practice made unlawful under Title VII of the Civil Rights Act of 1964 or because of the filing of a charge, the giving of testimony or assistance, or the participation in any investigation, proceeding or hearing under that statute. 3. Defendant shall pay Wanda Smith the sum of Eleven Thousand Five Hundred Dollars ($11,500.00) in settlement of the claims raised in this action. Defendant shall make payment by issuing a check payable to Wanda Smith. Payment shall be made within fifteen (15) days after the Court approves this Consent Decree, and Defendant shall mail the check to Wanda Smith at an address provided by the Commission. Within ten (10) days after the check has been sent, Defendant shall mail to Lynette A. Barnes, Regional Attorney, at the Equal Employment Opportunity Commission, 129 W. Trade Street, Suite 400, Charlotte N.C., 28202, a copy of the check and proof of its delivery to Wanda Smith. 4. Defendant’s employment records of Wanda Smith be maintained in the possession of Defendant’s counsel, D. Beth Langley, Esq., Nexsen Pruet Adams Kleemeier, PLLC. Those records will include any and all documents, entries, or references of any kind relating to the facts and circumstances which led to the filing of EEOC Charge Number 145-
2
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2004-01309 and the related events that occurred thereafter. Within fifteen (15) days of the entry of this Decree by the Court, Defendant shall report compliance with this provision to the EEOC.
5. Within fifteen (15) days of the entry of this decree by the Court, Defendant agrees to provide Wanda Smith with a neutral letter of reference, which shall include dates of employment, job position(s) held and final rate of pay. Such letter shall also state that Defendant no longer operates the chain of stores that do business as “Quik-Chek.”
6. Defendant does not currently conduct business within the United States or within any foreign jurisdiction. If Defendant resumes the operation of a business subject to Title VII jurisdiction within the United States or within any foreign jurisdiction during the term of this Decree, Defendant agrees to provide the following, described in paragraphs 7 through 10 below.
7. Within sixty (60) days after resuming business operations in any state within the United States or within any foreign jurisdiction, Defendant shall adopt, implement, and distribute a formal, written anti-discrimination policy, which shall include but not be limited to the following: an explanation of the requirements of the federal equal employment opportunity laws, including Title VII and its prohibition against discrimination based on race and retaliation; procedures for reporting discrimination; and a procedure for the thorough and immediate investigation of employee complaints of discrimination. Defendant shall distribute to each employee a copy of the policy within seventy-five (75) after Defendant begins business operations. Within ninety (90) days after Defendant begins business operations, Defendant shall report compliance to the Commission. Continuing throughout the term of this Decree, Defendant shall distribute the policy to all new employees and review it with them at the time of hire.
3
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8. Within seventy-five (75) days after resuming business operations in any state within the United States or within any foreign jurisdiction, Defendant shall post a copy of the policy described in paragraph 7, supra, in its facilities in a place where it is visible to employees. If the policy becomes defaced or unreadable, Defendant shall replace it by posting another copy of the policy. Within ten (10) days after posting the policy, Defendant will notify the EEOC that it has been posted.
9. After resuming business operations in any state within the United States or within any foreign jurisdiction, Defendant shall provide an annual training program to all of its managers, supervisors and employees. Each training program shall include an explanation of the requirements of Title VII of the Civil Rights Act of 1964, and its prohibition against race discrimination and retaliation in the workplace. Each training program shall also include an explanation of Defendant’s policy referenced in paragraph 7, supra, and an explanation of the rights and responsibilities of employees and managers under the policy. The first training program shall be completed within one hundred (100) days after Defendant has resumed business operation in any state within the United States or within any foreign jurisdiction. Each subsequent training program shall be conducted at approximately one-year intervals. Within thirty (30) days after completion of each training program, Defendant shall certify to the Commission the specific training which was undertaken and shall provide the Commission with a roster of all employees in attendance.
10. After resuming business operations in any state within the United States or within any foreign jurisdiction and continuing throughout the term of this Consent Decree, Defendant shall provide the Commission with reports at six (6) month intervals, with the first being due
4
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four (4) months after Defendant resumes business operations. The reports will include the following information:
A. the identities of all individuals who have made complaints or allegations of any practice made unlawful under Title VII of the Civil Rights Act of 1964, or who have filed a charge, given testimony or assistance, or participated in any investigation, proceeding or hearing under the foregoing statute, including by way of identification each person’s name, sex, position, and social security number;
B. for each individual identified in 10.A. above, explain whether the individual’s employment status has changed in any respect (for example, including but not limited to, termination, firing, demotion, promotion, transfer or part-time from full-time.); and
C. for each individual whose employment status has changed as identified in 10.B. above, a detailed statement explaining why the individual’s employment status has changed.
In the event there is no activity to report pursuant to this paragraph, Defendant shall send EEOC a “negative” report indicating no activity.
11. The Commission may review compliance with this Decree. As part of such review, the Commission may inspect Defendant’s facility, interview employees and examine and copy documents.
5
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12. If anytime during the term of this Decree, the Commission believes that Defendant is in violation of the Decree, the Commission shall give notice of the alleged violation to Defendant. Defendant shall have twenty (20) days in which to investigate and respond to the allegations. Thereafter, the parties shall then have a period of twenty (20) days or such additional period as may be agreed upon by them, in which to engage in negotiation regarding such allegations before the Commission exercises any remedy provided by law.
13. The term of this Decree shall be for five (5) years from its entry by the Court. 14. All reports or other documents sent to the Commission by Defendant pursuant to this Decree shall be sent to: Lynette A. Barnes, Regional Attorney, at the Equal Employment Opportunity Commission, 129 W. Trade Street, Suite 400, Charlotte N.C., 28202. 15. Each party shall bear its own costs and attorney’s fees. 16. This Court shall retain jurisdiction of this cause for purposes of monitoring compliance with this Decree and entry of such further orders as may be necessary or appropriate.

DATE: June 28, 2006

United States District Judge

The parties jointly request that the Court approve and enter the Consent Decree: 6
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EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Plaintiff JAMES L. LEE Deputy General Counsel GWENDOLYN YOUNG REAMS Associate General Counsel /s/ Lynette A. Barnes Lynette A. Barnes Regional Attorney 129 West Trade Street, Suite 400 Charlotte, N.C. 28202 /s/ Zoë G. Mahood Zoë G. Mahood Senior Trial Attorney 1309 Annapolis Drive Raleigh, N.C. 27608 (919) 856-4080 Zoe.Mahood@eeoc.gov
QUIK-CHEK, INC. /s/ D. Beth Langley D. Beth Langley, Esq. Nexsen Pruet Adams Kleemeier, PLLC 701 Green Valley Road, Suite 100 P.O. Box 3463 Greensboro, N.C. 27402
7
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18AG, CASREF, CLOSED, MEDIATION
U.S. District Court North Carolina Middle District (Durham) CIVIL DOCKET FOR CASE #: 1:05-cv-00801-JAB-RAE

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION v. QUIK-CHECK, INC. Assigned to: CHIEF JUDGE JAMES A. BEATY, JR Referred to: MAG/JUDGE RUSSELL A. ELIASON Cause: 42:2000 Unlawful Employment Practices

Date Filed: 09/14/2005 Date Terminated: 06/28/2006 Jury Demand: Both Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

Plaintiff
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

represented by ZOE GABRIELE MAHOOD EQUAL EMPLOYMENT OPPORTUNITY COMM. 1309 ANNAPOLIS DR. RALEIGH, NC 27608-2129 919-856-4080 Fax: 919-856-4156 Email: zoe.mahood@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

GWENDOLYN YOUNG REAMS EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 1801 L ST., N.W. WASHINGTON, DC 20507 202-263-4771 ATTORNEY TO BE NOTICED

JAMES L. LEE EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 1801 L ST., N.W. WASHINGTON, DC 20507 202-263-4771 ATTORNEY TO BE NOTICED

LYNETTE A. BARNES EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 129 W. TRADE ST., STE. 400 CHARLOTTE, NC 28202 704-344-6878 Fax: 704-344-6780 Email: lynette.barnes@eeoc.gov ATTORNEY TO BE NOTICED

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V. Defendant QUIK-CHECK, INC.

represented by BRIAN STEPHEN CLARKE NEXSEN PRUET ADAMS KLEEMEIER, PLLC POB 3463 GREENSBORO, NC 27402 336-373-1600 Fax: 336-273-5357 Email: bclarke@nexsenpruet.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
DENA BETH LANGLEY HAGAN DAVIS MANGUM BARRETT LANGLEY AND HALE, PLLC 300 N. GREENE ST., STE. 200 GREENSBORO, NC 27401 336-232-0650 Fax: 336-232-0651 Email: blangley@hagandavis.com ATTORNEY TO BE NOTICED

Date Filed 09/14/2005 09/14/2005 09/14/2005 10/05/2005 10/05/2005 10/05/2005 11/23/2005 11/23/2005

#

Docket Text

1 COMPLAINT against QUIK-CHECK, INC., filed by EQUAL EMPLOYMENT OPPORTUNITY COMMISSION.(McClain, Abby) (Entered: 09/14/2005)
2 CIVIL COVER SHEET, filed by EQUAL EMPLOYMENT OPPORTUNITY COMMISSION.(McClain, Abby) (Entered: 09/14/2005)
Notice of Right to Consent. (McClain, Abby) (Entered: 09/14/2005)
3 NOTICE of Appearance by attorney DENA BETH LANGLEY on behalf of Defendant QUIK-CHECK, INC. (LANGLEY, DENA) (Entered: 10/05/2005)
4 WAIVER of Service of Summons by Defendant QUIK-CHECK, INC.. (LANGLEY, DENA) (Entered: 10/05/2005)
5 NOTICE of Appearance by attorney BRIAN STEPHEN CLARKE on behalf of Defendant QUIK-CHECK, INC. (CLARKE, BRIAN) (Entered: 10/05/2005)
6 ANSWER to Complaint by QUIK-CHECK, INC..(LANGLEY, DENA) (Entered: 11/23/2005)
7 AMENDED DOCUMENT by QUIK-CHECK, INC.. Amended Certificate of Service. (LANGLEY, DENA) (Entered: 11/23/2005)

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12/08/2005 01/09/2006 01/10/2006 01/24/2006
01/24/2006 01/27/2006 01/27/2006 01/30/2006 02/15/2006 02/17/2006 02/17/2006
02/21/2006

8 NOTICE of Hearing:Initial Pretrial Conference set for 1/25/2006 09:30 AM in Winston-Salem Courtroom #3 before MAG/JUDGE RUSSELL A. ELIASON. (Williamson, Wanda) (Entered: 12/08/2005)
9 Rule 26(f) Report (Joint) filed by all parties by EQUAL EMPLOYMENT OPPORTUNITY COMMISSION. (MAHOOD, ZOE) (Entered: 01/09/2006)
MOTIONS 9 Rule 26(f) Report (Joint) filed by all parties REFERRED to Mag/Judge Eliason. (Williamson, Wanda) (Entered: 01/10/2006)
10 ORDER APPROVING JOINT RULE 26F REPORT that this case will be placed on a STANDARD Case Management Track. All discovery shall be completed by July 15, 2006. Notice of Intent to File Disp Motions are due by 7/25/2006. Mediation shall be conducted midway through discovery. Parties agree that the mediator shall be Kenneth P. Carlson, Jr. Plaintiffs Amended Pleadings and joinder of additional parties are due by 3/15/2006. Defendants Amended Pleadings and joinder of additional parties are due by 4/15/2006. Parties have agreed that appointment of a magistrate is not appropriate for this case. ETT 3-4 days w/jury demand. Discovery due by 7/15/2006 . Signed by Judge RUSSELL A. ELIASON on 1/24/06. (Simmonds, Lisa) (Entered: 01/25/2006)
CASE REFERRED to Mediation. (Gammon, Cheryl) (Entered: 01/27/2006)
MEDIATION SCHEDULING ORDER; Mediation due by 5/27/2006. (Gammon, Cheryl) (Entered: 01/27/2006)
SELECTION OF KENNETH P. CARLSON, JR. as mediator. (Gammon, Cheryl) (Entered: 01/27/2006)
11 ORDER Appointing KENNETH P. CARLSON, JR., as the mediator pursuant to LR 83.10d(a). Signed by John S. Brubaker, Clerk of Court. (Gammon, Cheryl) (Entered: 01/30/2006)
12 MOTION for Extension of Time to Respond to Plaintiff's First Set of Interrogatories, First Set of Requests for Production of Documents and First Set of Requests for Admissions by QUIK-CHECK, INC.. Responses due by 3/10/2006 (CLARKE, BRIAN) (Entered: 02/15/2006)
MOTIONS 12 MOTION for Extension of Time to Respond to Plaintiff's First Set of Interrogatories, First Set of Requests for Production of Documents and First Set of Requests for Admissions REFERRED to Judge Eliason. (Kemp, Donita) (Entered: 02/17/2006)
13 ORDER Granting 12 Motion for Extension of Time for thirty (30) days, toand including April 12, 2006 within which Defendant may respond to Plaintiff's First Set Of Interrogatories, First Set Of Requests For Production Of Documents And First Set Of Requests For Admissions. Signed by Judge RUSSELL A. ELIASON on 2/17/06. (Welch, Kelly) (Entered: 02/17/2006)
14 MOTION for Extension of Time to Respond to Defendant's First Set of Interrogatories and Requests for Production of Documents by EQUAL EMPLOYMENT OPPORTUNITY COMMISSION. Responses due by 3/16/2006 (Attachments: # 1 Text of Proposed Order)(MAHOOD, ZOE) (Entered: 02/21/2006)

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02/22/2006 02/22/2006
02/27/2006 05/25/2006 06/21/2006 06/21/2006 06/27/2006 06/28/2006

MOTIONS 14 MOTION for Extension of Time to Respond to Defendant's First Set of Interrogatories and Requests for Production of Documents REFERRED to Judge Eliason. (Kemp, Donita) (Entered: 02/22/2006)
15 ORDER Granting 14 Motion for Extension of Time for Plaintiff to Respond to Defendant's First Set of Interrogatories and Requests for Production of Documents to and including April 5, 2006. Signed by Judge RUSSELL A. ELIASON on 2/22/06. (Simmonds, Lisa) (Entered: 02/22/2006)
16 NOTICE of Hearing: Jury Trial set for 1/8/2007 09:30 AM in Unassigned Courtroom; Set Trial Brief, etc. deadline to 12/19/2006. (Kemp, Donita) (Entered: 02/27/2006)
17 REPORT of Mediator; Session completed 5/19/06 by Mediator KENNETH P. CARLSON, JR. (CARLSON, KENNETH) (Entered: 05/25/2006)
Case Reported Settled at Mediation (Gammon, Cheryl) (Entered: 06/21/2006)
Set Deadlines/Hearings: Stipulation of Dismissal due by 7/21/2006. (Gammon, Cheryl) (Entered: 06/21/2006)
Proposed Consent Decree REFERRED to Judge Beaty. (Kemp, Donita) (Entered: 06/27/2006)
18 CONSENT DECREE that the Defendant shall not discriminate against any person on the basis of race or any other protected category within the meaning of Title VII of the Civil Rights Act of 1964; Defendant shall not discriminate or retaliate as set out; Defendant shall pay Wanda Smith the sum of $11,500.00 in settlement of the claims raised in this action as set out; payment shall be made within fifteen (15) days after the Court approves this Consent Decree and shall be mailed as set out; Defendant's employment records of Wanda Smith shall be maintained as set out; within fifteen (15) days of the entry of this decree by the Court, Defendant agrees to provide Wanda Smith with a neutral letter of reference as set out; Defendant does not currently conduct business within the US or within any foreign jurisdiction; if Defendant resumes the operation of a business subject to Title VII jurisdiction within the US or within any foreign jurisdiction during the term of this Decree, Defendant agrees to provide as set out in paragraphs 7 through 10; in the event there is no activity to report pursuant to this paragraph, Defendant shall send EEOC a "negative" report indicating no activity; the Commission may review compliance with this Decree; the term of this Decree shall be for five (5) years from its entry by the Court; each party shall bear its own costs and attorney's fees; this Court shall retain jurisdiction of this cause for the reason set out; Signed by Judge JAMES A. BEATY JR. on 6/28/06(McKenzie, Keayba) (Entered: 06/28/2006)

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