IN THE UNITED STATES DISTRICT COURT

United States Courts Southern District of Texas
FILED

FOR THE SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION

MAY 082006 ;

Mlcbaal N. MilbV. Clark

EQUAL EMPLOYMENT OPPORTUNITY §

COMMISSION,

§

§

Plaintiff,

§

§

v.

§ CIVIL ACTION NO.

PETROFAC SERVICES, INC.

§ § §

H 06 1563

Defendant.

§ JURY TRIAL DEMANDED

ORIGINAL COMPLAINT OF THE
UNITED STATES EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

TO THE HONORABLE UNITED STATES DISTRICT COURT:

NATURE OF THE ACTION

This is an action under the Equal Pay Act of 1963 to restrain the unlawful payment ofwages

to employees of one sex at rates less than the rates paid to employees of the opposite sex, and to

collect back wages due to employees as a result ofsuch unlawful payments. As alleged with greater

particularity in paragraphs 7-13 below, the Commission alleges that Petrofac Services, Inc.

("Petrofac"), paid Megan Poe at wage rates which are less than the rates paid to its male employees

performing substantially equal work.

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 Sections 16(c) and 17 of the Fair

Labor Standards Act of 1938 (the "FLSA"), as amended, 29 U.S.C. §§ 216(c) and 217, to enforce

the requirements of the Equal Pay Act of 1963, codified as Section 6(d) of the FLSA, 29 U.S.C. §

206(d). 2. The employment practices alleged to be unlawful were committed within the
jurisdiction ofthe United States District Court for the Southern District ofTexas, Houston 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 ofthe Equal Pay Act and is expressly.authorized to bring this action by Sections 16(c) and 17 ofthe FLSA, 29 U.S.C. §§ 216(c) and 217, as amended by Section 1 of Reorganization Plan No.1 of 1978,92 Stat. 3781, and by Public Law 98-532 (1984),98 Stat. 2705.
4. At all relevant times, Defendant Petrofac has continuously bee!l a Texas corporation doing business in the State of Texas and the City of Houston.
5. At all relevant times, Defendant Petrofac has acted directly or indirectly as an employer in relation to employees and has continuously been an employer within the meaning of Section 3(d) of the FLSA, 29 U.S.C. § 203(d).
6. At all relevant times, Defendant Petrofac has continuously employed employees engaged in commerce or in the production of goods for commerce within the meaning of Sections 3(b), (i) and G) of the FLSA, 29 U.S.C. §§ 203(b), (i) and G) [has continuously been an enterprise engaged in commerce or in the production of goods for commerce within the meaning of Sections 3(r) and (s) of the FLSA, 29 U.S.C. §§ 203(r) and (s), in that said enterprise has continuously been an enterprise whose annual gross volume of sales made or business done is not less than $500,000.
STATEMENT OF CLAIMS 7. Since at leastJuly 1,2004, DefendantPetrofac violated Sections 6(d)(1) and 15(a)(2) of the FLSA, 29 U.S.C. §§ 206(d)(I) and 215(a)(2), by paying wages to its female Buyers at its

Houston, Texas, offices at rates less than the rates paid to male employees in the same establishment for substantially equal work on jobs the performance of which requires equal skill, effort, and responsibility, and which are performed under similar working conditions.
8. Megan Poe began working for Petrofac around July 1,2004. Ms. Poe worked as a Senior Buyer. Petrofac paid Ms. Poe a salary of $50,000.00.
9. Also in July 2004, Petrofac hired Steve Yeargan. Yeargan's business card indicated that he also was a Petrofac Buyer. Yeargan was paid a salary of at least $60,000.00 when he was hired. Yeargan also received a raise during his employment with Petrofac.
10. Ms. Poe had more experience in procurement than did Mr. Yeargan. They performed the same job duties at the same establishment under similar working conditions. Theirjobs required equal skill, effort, and responsibility.
11. In Spring 2005, Petrofac hired two other Buyers, Richard Halliburton and Wayne Jones. Petrofac paid Jones and Halliburton salaries of $65,000.00 each upon their being hired.
12. During her employment, Ms. Poe more than once requested a salary adjustment to bring her pay in line with that earned by males. Petrofac denied these requests.
13. As a result of the acts complained of above, Defendant Petrofac unlawfully has withheld and is continuing to withhold the payment of wages due to Megan Poe.
PRAYER FOR RELIEF Wherefore, the Commission requests that this Court: A. Grant a permanent injunction enjoining the Defendant Petrofac, its officers, successors, assigns and all persons in active concert or participation with it, from discriminating within any of its establishments between employees on the basis of sex, by paying wages to employees ofone sex at rates less than the rates at which it pays wages to employees ofthe opposite

sex for substantially equal work on jobs the performance of which requires equal skill, effort, and responsibility, and which are performed under similar working conditions.
B. Order Defendant Petrofac to institute and carry out policies, practices, and programs, which provide equal employment opportunities for women [men] and which eradicate the effects of its past and present unlawful employment practices.
C. Grant a judgment requiring Defendant Petrofac to pay appropriate back wages in amounts to be determined at trial, an equal sum as liquidated damages, or prejudgment interest in lieu thereof, to employees whose wages are being unlawfully withheld as a result of the acts complained of above, including but not limited to Megan Poe.
D. Grant such further relief as this Court deems necessary and proper in the public interest.
E. Award the Commission its costs of this action. JURY TRIAL DEMAND
The Commission requests a jury trial on all questions of fact raised by its complaint.
Respectfully submitted, EQUAL EMPLOYMENT OPPORTUNITY COMMISSION JAMES L. LEE Deputy General Counsel
GWENDOLYN YOUNG REAMS Associate General Counsel 1801 L. Street, N.W. Washington, D.C. 20507

-------:- .~~..
Timothy M. B wne Senior Trial ttorney Attorney-in-Charge Texas Bar No. 00793371 Southern Dist. of Texas No. 20023 Equal Employment Opportunity
Commission 1919 Smith Street, 7th Floor Houston, Texas 77002 (713) 209-3395 (713) 209-3402 [facsimile] timothy. bowne@eeoc.gov
OF COUNSEL:
Jim Sacher Regional Attorney Rose Adewale-Mendes Supervisory Trial Attorney Equal Employment Opportunity Commission 1919 Smith Street, 7th Floor Houston, Texas 77002

 
 IN THE UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF TEXAS

HOUSTON DIVISION

§

EQUAL EMPLOYMENT

§

OPPORTUNITY COMMISSION

§

Plaintiff,

§ CIVIL ACTION NO. 4:06-cv-01563

§

v.

§

§

PETROFAC SERVICES, INC.

§ JURY TRIAL DEMANDED

Defendant.

§

Plaintiff, the United States Equal Employment Opportunity Commission

("Commission") and Defendant, Petrofac Services, tnc. rDefendant~ or ~Petrofaclt) agree

to entry of this Consent Decree.

I.

Backaround and History of Proceedings

A. Charging Party Megan Poe ("Charging Party") filed a charge of discrimination

with Ihe Commission (Charge No. 330-2005-02640) alleging Defendant violated the Equal

Pay Act of 1963 and Title VII of the Civil Rights Acl of 1964, as amended, 42 U.S.C.

§2000e ef seq..

8. On May S, 2006, after investigating the Charge and finding discrimination, the

Commission commenced this action alleging that Defendant's conduct constituted wage

discrimination on the basis of sex in violation of Sections 206 and 215 of the Equal Pay

Act.

C. Defendants denied the allegations of wage discrimination on the basis of sex

D. The parties wish to avoid the risks, uncertainties and expenses of continued

litigation. Accordingly, the parties have agreed to settte this lawsuit. Defendant's consent

to the entry of this Decree nor any of the terms set forth in it shall not constitute or be

construed as an admission of any Equal Pay Act violation. Both parties agree that this

Consent Decree is being entered into for the sale purpose of compromising disputed

claims without the necessity for protracted litigation.

E. The Commission and Defendant stipulate to the jurisdiction ofthe Court and

the satisfaction of all administrative prerequisites. The parties further waive hearing and

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

IT IS ORDERED that:

1.

This Consent Decree is entered in full and complete settlement of any and

all claims arising out of or asserted in Civil Action No. H-06-01563 and the above-

referenced Charge on behalf of Megan Poe. This Consent Decree remains in effect

for three years from the date of entry. ("Consent Period")

2.

During the Consent Period, Defendant and all of its employees and affiliated

companies that are covered by the Equal Pay Act are enjoined from engaging in

any employment practices which discriminate against any individual with respect to

compensation , terms, conditions or privileges of employment because of such

individual's sex and are enjoined from retaliating against any individual who has

opposed any practice made an unlawful employment practice under the Equal Pay

Act or who has made a charge , testified , assisted, or participated in any manner in

an investigation, proceeding or hearing under the Equal Pay Act.

3.

During the Consent Period , Defendant and all of its employees and affiliated

companies that are covered by the Equal Pay Act are enjoined from engaging in

any employment practice which discriminates against female employees because

of their sex in violation of the Equal Pay Act.

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4.

During the Consent Period, on an annual basis, Defendant will provide, using

either an attorney or an independent experienced training person or group, a live

and interactive program on the illegality of employment discrimination regarding

recruitment , hiring, and wage decisions, and such training shall include a discussion

of the law relating to the Equal Pay Act and the illegality of gender based wage

discrimination to ali human resources professionals and management level and

above employees located in Texas or whose job responsibilities include making

wage decisions for employees whose worksite is in Texas. The minimum duration

of each training shall be two (2) hours. The first such training shall be completed

by March 1, 2007 or within six (6) months from the date the Consent Decree is

entered, whichever is later. Defendants shall submit to the EEOC , each year at

least thirty days in advance of the program, for the EEOC' s approval, the name of

the program provider and a curriculum outline indicating the information to be

addressed during the program and copies of all agendas and materials to be

distributed at the training seminar. The person who will administer the training shall

have at least five years of experience in labor and employment law. The presenter

must be approved by the EEOC through its counsel . Written acknowledgment of

receipt of the training shall be obtained by Defendant from all individuals attending

the tra ining and retained among the employment records of Defendant and also

copies shall be forwarded to the EEOC within thirty (30) days of the delivery of the

training .

5.

Defendant agrees that within ten (10) days after entry of this Decree, it will

remove from Ms. Poe's personnel file any documents referencing her charge of

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discrimination , the Commission's lawsuit or this Consent Decree entered in

resolution of the lawsuit. These documents shall not be part of her personnel file

but shall be kept segregated in a separate, confidential folder. Further, Defendant

agrees that its HR Managers, General Manager and other managerial level

employees shall not reference any facts or information relating to the charge. the

lawsuit or the Consent Decree to any potential employer of Charging Party that

seeks a job reference regarding Poe from Defendant. It further agrees to provide

in response to any written or verbal inquires from potential employers a neutral job

reference , stating her dates of employment, position or title , ending salary.

Defendant shall not reference her charge of discrimination, the Commission's

lawsuit or this Consent Decree to any potential employer,

6.

Defendant agrees that within ten (10) days after entry of this Decree, they

will conspicuously post the attached notice (Exh ibit "A-) in an area accessible to aU

employees at its Houston, Texas location for the duration of the Decree.

7.

During the Consent Period , Defendant will provide to the EEOC . on a semi·

annual basis , a copy of all complaints of sex based wage discrimination or wage

disparity made by any employee and shall describe Defendant's investigation of the

complaint, the results of the investigation and describe any pay changes made as

a result of its investigation. The documents provided to the EEOC shall also

identify the name and title of the persons involved in the complaint and

investigation.

8.

During the Consent Period, Defendant agrees that when placing job

advertisements for the positions of Buyer, Senior Buyer or Buyer/Expediter, it shall

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state that it is an equal employment opportunity employer and that it is seeking

qualified female and male applicants for the jobs. Pictorial ads should feature a

female.

9.

During the Consent Period , Defendant agrees to provide the Commission

with bi-annual reports containing the name, gender and salary of those persons in

the Buyer, Senior Buyer or Buyer/Expediter positions.

10.

Defendant agrees to pay the total sum of FIFTEEN THOUSAND AND

NOl 100 DOLLARS ($15 ,000.00), less legally required tax deduclions, in full and

final settlement of the Commission's lawsuit to provide monetary relief to Megan

Poe . Said sum shall be paid within fifteen (15) days from the date of enlry of Ihe

Decree, Defendant shall mail or deliver the settlement check to Ms. Poe at the

address provided by the Commission to Defendant. A copy of the check disbursed

to Ms. Poe shall be mailed to the Commission 's undersigned counsel of record on

the same day the check is mailed to her.

11.

As a condition to payment of the monies described in paragraph 10, Megan

Poe shall execute a full , final, complete and general release of all claims relating to

her employment and/or termination thereof in the form set forth by the Settlement

Agreement and Full and Final Release of Claims provided by Petrofac's counsel.

12.

The sum payable to the Charging Party may be subject to federal income tax.

Defendant agrees to issue appropriate Internal Revenue Service Forms toCharging

Party for all sums paid pursuant to this Consent Decree not later than January 31 ,

2008, at the address to which the settlement check referenced in paragraph 10 is

delivered.

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13.

Each party to this action shall bear their own costs and attorney's fees.

14.

This Consent Decree shall be binding on Defendant and all of Defendant's

successors-In-interest, and Defendant will notify all such successors-in-interest of

the existence and terms of this Consent Decree.

15.

During the Consent Period, the Court shall retain jurisdiction to assure

compliance with this Decree and to permit entry of such further orders or

modifications as may be appropriate. The Commission is specifically authorized to

seek Court-ordered enforcement of this Decree in the event of a breach of any of

the provisions herein.

16.

The Comm ission agrees that, in the event the Commission believes

Defendant is in violation of any provision of this Consent Decree, the Commission

shall notify Defendant, through its undersigned counsel, of such violation and afford

Defendant the opportunity to remedy as may be appropriate any such alleged

violation within 30 days of such notice, before instituting any legal action to enforce

such provision(s) .

17.

Nothing in this Consent Decree shall be construed to preclude the

Commission from filing a separate action under Equal Pay Act, or any other statute

which the Commission enforces in the future for any alleged violations by Defendant

not resolved by this Decree.

18.

Each signatory certifies that he/she is authorized to execute this document

on behalf of the party whom he/she represents.

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Signed this Texas .

C}..O~y Of ~""7

' 2007 at Houston,

K.i~~Q()(~

United States District Judge

AGREED AND CONSENTED TO:
ATTORNEY FOR PLAINTI FF
EQUAl~~~~~~~~~~;9.P~MISS"ON
By:
Equal Employment Opportunity Commission
1919 Smith Street. 7" Floor Houston, Texas 77002 (713)209-3399 Fax : (713)209-3402

ATTORNEY FOR DEFENDANT PETRO CERV ICES, INC.
By: -MMa;akr~k~Jo.:O::b:e:rt:i::::::::::;;f--
TBN: 00789951 SON : 17918 Seyfarth Shaw, L. .P. 700 Louisiana Set, Suite 3700 Houston, Texa 7002 (713)225-230 Fax: (713)225 2340

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U.S. District Court SOUTHERN DISTRICT OF TEXAS (Houston) CIVIL DOCKET FOR CASE #: 4:06-cv-01563

CLOSED

Equal Employment Opportunity Commission v. Petrofac Services, Inc Assigned to: Judge Keith P Ellison Cause: 28:451 Employment Discrimination

Date Filed: 05/08/2006 Date Terminated: 02/21/2007 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

Plaintiff
Equal Employment Opportunity Commission

represented by Kathy D Boutchee EEOC 1919 Smith St 7th Floor Houston, TX 77002 713-209-3399 Fax: 713-209-3402 fax Email: kathy.boutchee@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Timothy M Bowne EEOC 1919 Smith 6th Fl Houston, TX 77002 713-209-3395 Fax: 713-209-3402 Email: timothy.bowne@eeoc.gov TERMINATED: 06/28/2006 LEAD ATTORNEY ATTORNEY TO BE NOTICED

V. Defendant Petrofac Services, Inc

represented by Gerald L Maatman, Jr Seyfarth Shaw LLP 131 South Dearborn St Ste 2400 Chicago, IL 60603 312-460-5000 LEAD ATTORNEY ATTORNEY TO BE NOTICED

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Mark Joseph Oberti Seyfarth Shaw LLP 700 Louisiana Ste 3700 Houston, TX 77002 713-225-0285 Fax: 713-225-2340 fax Email: moberti@seyfarth.com ATTORNEY TO BE NOTICED

Date Filed 05/08/2006 05/08/2006
05/08/2006 05/12/2006 06/28/2006 07/17/2006 07/20/2006
07/24/2006 07/24/2006 07/26/2006

#

Docket Text

1 COMPLAINT against Petrofac Services, Inc (Filing fee $ 350) filed by Equal Employment Opportunity Commission.(blacy, ) Additional attachment(s) added on 5/8/2006 (blacy, ). (Entered: 05/08/2006)
2 ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Initial Conference set for 9/6/2006 at 10:00 AM in Courtroom 704 before Magistrate Judge Frances H Stacy. ( Judge Melinda Harmon ) Parties notified. (blacy, ) (Entered: 05/08/2006)
3 CERTIFICATE OF INTERESTED PARTIES by Equal Employment Opportunity Commission, filed.(Bowne, Timothy) (Entered: 05/08/2006)
Fee waived re: 1 Complaint , filed. (agould, ) (Entered: 05/12/2006)
4 NOTICE of attorney substitution by Equal Employment Opportunity Commission. Attorney Kathy D. Boutchee added. Attorney Timothy M Bowne terminated, filed. (Boutchee, Kathy) (Entered: 06/28/2006)
5 MOTION for Gerald L. Maatman, Jr. to Appear Pro Hac Vice by Petrofac Services, Inc, filed. Motion Docket Date 8/7/2006. (Oberti, Mark) (Entered: 07/17/2006)
6 Unopposed MOTION for Extension of Time to Answer or Otherwise Respond to Plaintiff's Original Complaint by Petrofac Services, Inc, filed. Motion Docket Date 8/9/2006. (Attachments: # 1 Exhibit A# 2 Proposed Order)(Oberti, Mark) (Entered: 07/20/2006)
7 CERTIFICATE OF INTERESTED PARTIES by Petrofac Services, Inc, filed.(Oberti, Mark) (Entered: 07/24/2006)
8 ORDER granting 5 Motion to Appear Pro Hac Vice as to Gerald Maatman .( Signed by Judge Melinda Harmon ) Parties notified.(bthomas, ) (Entered: 07/25/2006)
9 ORDER granting 6 Unopposed MOTION for Extension of Time to Answer or Otherwise Respond to Plaintiff's Original Complaint. Answer due for Petrofac Services, Inc 8/16/2006.( Signed by Judge Melinda Harmon ) Parties notified.(bthomas, ) (Entered: 07/26/2006)

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07/28/2006 08/15/2006 08/15/2006 09/18/2006 09/25/2006 09/26/2006 11/30/2006
11/30/2006
02/16/2007 02/20/2007

10 ORDER OF RECUSAL. Judge Melinda Harmon recused. Case reassigned to Judge Keith P Ellison for all further proceedings.( Signed by Judge Melinda Harmon ) Parties notified.(sbyrum, ) (Entered: 07/31/2006)
11 ANSWER to Complaint by Petrofac Services, Inc, filed.(Oberti, Mark) (Entered: 08/15/2006)
12 NOTICE of Change of Address by Gerald L. Maatman, Jr., counsel for Petrofac Services, Inc, filed. (Oberti, Mark) (Entered: 08/15/2006)
13 ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Initial Conference set for 9/27/2006 at 09:30 AM in Chambers, Room 8631 before Judge Keith P Ellison.( Signed by Judge Keith P Ellison ) Parties notified.(csonnier, ) (Entered: 09/18/2006)
14 JOINT DISCOVERY/CASE MANAGEMENT PLAN by Equal Employment Opportunity Commission, filed.(Boutchee, Kathy) (Entered: 09/25/2006)
15 NOTICE of Resetting. Parties notified Initial Conference reset for 11/30/2006 at 10:30 AM in Chambers, Room 8631 before Judge Keith P Ellison, filed. Initial Conference set for 9/27/2006 at 9:30 AM now CANCELLED. (csonnier, ) (Entered: 09/26/2006)
Minute Entry for proceedings held before Judge Keith P Ellison. INITIAL CONFERENCE held on 11/30/2006. The Courts sets Trial for 8/13/2007 at 08:30 AM in Courtroom 8C before Judge Keith P Ellison. Counsel to agree upon the remaining dates/deadlines & submit an Agreed Scheduling Order to the Court. Appearances: Kathy D Boutchee, Mark Joseph Oberti.(Court Reporter: F. Warner), filed.(csonnier, ) (Entered: 11/30/2006)
16 SCHEDULING/DOCKET CONTROL ORDER: ETT: 4 Days. JURY. Joinder of Parties due by 1/31/2007; Pltf Expert Report due by 2/1/2007; Deft Expert Report due by 3/1/2007; Discovery due by 5/1/2007; Dispositive & Non-Dispositive Motion Filing due by 5/14/2007; Joint Pretrial Order due by 8/6/2007. Jury Trial set for 8/13/2007 at 08:30 AM in Courtroom 8C before Judge Keith P Ellison.( Signed by Judge Keith P Ellison ) Parties notified.(csonnier, ) (Entered: 11/30/2006)
17 Agreed MOTION for Entry of Order re: Entry of Consent Decree by Equal Employment Opportunity Commission, filed. Motion Docket Date 3/8/2007. (Attachments: # 1)(Boutchee, Kathy) (Entered: 02/16/2007)
18 Consent Decree.( Signed by Judge Keith P Ellison ) Parties notified.(csonnier, ) (Entered: 02/21/2007)

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