IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TENNESSEE WINCHESTER DIVISION

)

EQUAL EMPLOYMENT OPPORTUNITY

)

COMMISSION,

)

Plaintiff,

)

COMPLAINT J'L-.

)

v.
BRIDGESTONE/FIRESTONE NORTH

)

Civil Action No.

uuyto )
) )

I n ~··04-Cv.. ~tta
Vru1o.n

AMERICAN TIRE, LLC

)

d/b/a BRIDGESTONE/FIRESTONE

)

JURY TRIAL DEMAND

Defendant.

)

NATURE OF THE ACTION This is an action under Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. §§2000 etseq. (Title VII) and Section 102 of the Civil Rights Act of 1991, 42 U.S.C. §1981 a, to correct unlawful employment practices on the basis of sex and to provide appropriate relief to Shawn McBee and Heather Calvert, two female employees whom Defendant Employer subjected to sexual harassment.
JURISDICTION AND VENUE 1. Jurisdiction of this Court is invoked pursuantto 28 U.S.C. §§ 451,1331,1337, 1343 and 1345. This action is authorized and instituted pursuant to Section 706(f)( 1) and (3) of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C.§ 2000e-5(f)(1), and Section 102 of the Civil Rights Act of 1991,42 U.S.C. § 1981a. 2. The unlawful employment practices alleged below were committed within the jurisdiction of the United States District Court for the Eastern District of Tennessee, Winchester Division.

PARTIES 3. Plaintiff. the Equal Employment Opportunity Commission (the "Commission"). is an agency of the United States of America charged with the administration, interpretation and enforcement of Title VII, and is expressly authorized to bring this action by Section
706(f)(1) and (3) of Title VII, 42 U.S.C. § 2000e-5(f)(1) and (3).
4. At all relevant times, Defendant, Bridgestone IFirestone North American Tire, LLC, doing business as Bridgestone/Firestone, (Defendant Employer), has continuously been a Delaware corporation doing business in the State of Tennessee and the City of Morrison, and has continuously had at least 15 employees.
5. At all relevant times, Defendant Employer 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 6. More than thirty days prior to the institution of this lawsuit, Shawn McBee and Heather Calvert filed charges with the Commission alleging violations of Title VII by Defendant Employer. All conditions precedent to the institution of this lawsuit have been fulfilled. 7. Since at least April 2002, Defendant Employer has engaged in unlawful employment practices at its Morrison, Tennessee, facility in violation of Section 703 of Title
VII, 42 U.S.C. § 2000e-2. In particular, Defendant Employer allowed male employees in
the Tire Room to make comments of a sexual nature in the workplace, including on the radio, and to make drawings on material carts that displayed sexually offensive and degrading verbal comments and graffiti.
2

8. Heather Calvert, a female employee, has been employed by Defendant in the Tire Room of its facility in Morrison, Tennessee, since January 1999.
9. Shawn McBee, a female employee, has been employed by Defendant Employer in the Tire Room of its facility in Morrison, Tennessee, since April 2000.
10. More than 95 percent of the employees in the Tire Room at Defendant's Morrison facility are male employees.
11. During their employment, Ms. Calvert and Ms. McBee claim that male employees in the Tire Room have subjected them to a hostile work environment.
12. Ms. Calvert claims that since April 2002, she was subjected to frequent unwelcome and offensive sexual conduct by her male co-workers. Much of this conduct consisted of comments made over the workplace radio on a daily basis. Some comments were made in staff meetings. She also claims that these same male employees made sexually explicit drawings on the material carts and wrote graphic and degrading verbal comments about her and Shawn McBee and other co-workers on the material carts.
13. Ms. McBee alleges that since April 2002, she was subjected to frequent unwelcome sexual comments on the radio by her male co-workers. She also claims that these same male employees made sexually explicit drawings on the material carts and wrote graphic and degrading verbal comments about her and Shawn McBee.
14. Heather Calvert and Shawn McBee claim that the unwelcome conduct was sufficiently pervasive and severe to alter the conditions of their employment and create an abusive working environment.
15. Ms. McBee asserts that she complained on numerous occasions to her supervisors and management, in accordance with the Sexual Harassment Policy, about the
3

sexually offensive comments being made in the workplace and the drawings and other graphic comments depicted on material carts. Her complaints proved ineffective.
16. Ms. Calvert asserts that she complained to management and her complaints were ineffective. Later, she complained to the Labor Relations Manager.
17. After Ms. Calvert complained to the Labor Relations Manager, an investigation occurred, but the conduct resumed in the workplace.
18. Heather Calvert and Shawn McBee were familiar with Defendant Employer's Sexual Harassment Policy as it was distributed in the workplace.
19. Defendant Employer's Sexual Harassment Policy is ineffective because sexual harassment has continued in the workplace even after Heather Calvert and Shawn McBee complained to management and an investigation occurred.
20. The effect of the practices complained of above has been to deprive Shawn McBee and Heather Calvert of equal employment opportunities and otherwise adversely affect their status as employees because of their sex.
21. The unlawful employment practices complained of above were intentional. 22 The unlawful employment practices complained of above were done with malice or with reckless indifference to the federally protected rights of Heather Calvert and Shawn McBee.
PRAYER FOR RELIEF Wherefore, the Commission respectfully requests that this Court: A. Grant a permanent injunction enjoining Defendant Employer its officers, successors, assigns, and a/l persons in active concert or participation with it, from any employment practice which discriminates against employees because of their sex.
4

B. Order Defendant Employer to institute and carry out policies, practices, and programs which provide equal employment opportunities for women and which eradicate the effects of its past and present unlawful employment practices.
C. Order Defendant Employerto make whole Heather Calvert and Shawn McBee by providing all affirmative relief necessary to eradicate the effects of its unlawful employment practices.
D. Order Defendant Employerto make whole Heather Calvert and Shawn McBee by providing compensation for past and future pecuniary losses resulting from the unlawful employment practices described above in amounts to be determined at trial.
E. Order Defendant Employerto make whole Heather Calvert and Shawn McBee by providing compensation for past and future nonpecuniary losses resulting from the unlawful practices complained of in the paragraphs above, including emotional pain, suffering, inconvenience, loss of enjoyment of life, and humiliation, in amounts to be determined at trial.
F. Order Defendant Employer to pay Heather Calvert and Shawn McBee punitive damages for its malicious and reckless conduct described in the paragraphs above, in amounts to be determined at trial.
G. Grant such further relief as the Court deems necessary and proper in the public interest.
H. Award the Commission its costs of this action.
5

JURY TRIAL 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
Senior Trial Attorney EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 1407 Union Ave., Suite 621 Memphis, TN 38104 (901) 544-0075
6

 
 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TENNESSEE
WINCHESTER DIVISION

EQUAL EMPLOYMENT OPPORTUNITY

)

COMMISSION,

)

)

and

)

)

SHAWN McBEE and HEATHER CALVERT, )

)

Plaintiffs,

)

)

vs.

)

)

BRIDGESTONEIFIRESTONE NORTH

)

AMERICAN TIRE, LLC,

)

d/b/a BRIDGESTONE/FIRESTONE,

)

)

Defendants.

)

CIVIL ACTION NO. 3:04-CV-242 JURY DEMAND VARIAN/GUYTON

COMPLAINT IN INTERVENTION OF SHAWN McBEE and HEATHER CALVERT

PRELIMINARY STATEMENT 1. This is an employment discrimination action seeking relief as authorized by Title VII ofthe Civil Rights Act of 1964, as amended under 42 U.S.C. §2000e et seq.
JURISDICTION 2. The jurisdiction of this Court is invoked pursuant to 28 U.S.C. 1331, 1337, 1343, 1345 and 42 U.S.C. §2000e-5(f)(3).
PARTIES 3. The plaintiff Shawn McBee is a female who was employed by the defendant in the tire room of its facility since April of 2000. The plaintiff Heather Calvert is a female

employee who was employed by the defendant in the tire room of its facility since January of 1999.
4. At all times relevant, the defendant Bridgestone/Firestone North American Tire, LLC, d/b/a BridgestonelFirestone, was a corporation doing business as BridgestonelFirestone, a Delaware corporation, and it has continually done business in the State of Tennessee and in Warren County, Tennessee, and has had continuously at least fifteen employees. The defendant employer has continuously been an employer affecting commerce within the meaning of Sections 701 (b)(g) and (h) of Title VII, 42 U.S.C. §2000e-(b)(g) and (h).
FACTS AND CAUSES OF ACTION 5. Prior to instituting this action, the plaintiffs filed timely charges for discrimination with the Equal Employment Opportunity Commission (EEOC) alleging violations of Title VII by the defendant employer. The EEOC has filed a complaint against the defendant BridgestonelFirestone based on the defendant's pattern and practice of discriminating against its female employees in the tire room by allowing male employees to make comments of a sexual nature in the workplace, of making sexually offensive drawings and graffiti; of making degrading verbal comments, and of making the unwelcome conduct sufficiently pervasive and severe so as to alter the conditions of their employment and so as to create an abusive working environment. 6. More than 95% of the employees in the tire room at the Morrison facility are male employees; and during the plaintiffs' employment, the male employees of the tire room have subjected the plaintiffs to a hostile work environment. 7. The plaintiff Heather Calvert claims that since April of 2002 she has been subjected to frequent unwelcome and offensive sexual conduct by her male co-workers. Much

of this conduct consisted of comments made over the work-place radio on a daily basis. Some comments were made in staff meetings. She also claims that these same male employees made sexually explicit and graphic drawings on cards and made degrading verbal comments regarding her and the plaintiff Shawn McBee and other workers.
8. The plaintiff Shawn McBee alleges that since April of 2002, she has been subjected to frequent unwelcome and offensive sexual conduct by her male co-workers; and she claims that male co-workers made sexually explicit drawings from material cards and wrote graphic remarks and made degrading verbal comments about her and Heather Calvert.
9. The plaintiffs claim that the unwelcome conduct was sufficiently pervasive and severe so as to alter the conditions of their employment and that it created an abusive working environment. The plaintiffs assert that they complained on numerous occasions to supervisors and management in accordance with the Sexual Harassment Policy of the defendant employer regarding the sexually offensive comments being made in the workplace and the graphic comments depicted on material cards; but their complaints proved to be ineffective. The plaintiffs then complained to the Labor Relations Manager, but the conduct resumed in the workplace.
10. The plaintiffs were familiar with the defendant employers' Sexual Harassment Policy as it was distributed in the workplace, but that policy was ineffective because sexual harassment continued in the workplace even after the plaintiffs complained to management and after an investigation took place.
11. The effect of the practices complained of has been to deprive the plaintiffs equal employment opportunity and otherwise adversely affected their status as employees because of their sex.

12. The conduct of the defendant employer described above constitutes unlawful discrimination and an unlawful employment practice on the basis of sex in violation of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. §2000e et seq.
13. The unlawful employment practices that were complained of were done with malice and reckless indifference to the federally protected rights of the plaintiffs.
14. The defendant's unlawful employment practices caused the plaintiffs to suffer loss of salary, benefits, and advancement opportunities, and both back and front pay, and caused the plaintiffs to suffer emotional distress, humiliation, embarrassment, and loss of enjoyment of life, and otherwise damaged the plaintiffs.
PRAYER FOR RELIEF WHEREFORE, PREMISES CONSIDERED, the plaintiffs respectfully request that the court: (a) Declare the defendant's practices as complained of herein to be in violation of Title VII of the Civil Rights Act of 1964 as amended. (b) Grant a permanent injuction enjoining the defendant employer, its officers, successors, and assigns, and all persons in active concert or participation with it, from any employment practice which discriminates against employees because of their sex. (c) Grant the plaintiffs an order requiring the defendant to make them whole by appropriate back pay, front pay, and all other benefits of employment lost as a result of the actions complained in an amount to be proved at trial. (d) Grant the plaintiffs any compensatory and punitive damages to which they are

. . ."
entitled under the above Title VII of the Civil Rights Act of 1964, as amended, as a result of the actions complained of, including, but not limited to, damages for their embarrassment, distress, humiliation, emotional distress, and loss of enjoyment of life.
(e) Grant the plaintiffs a trial by jury. (f) Grant the plaintiffs their costs and expenses incurred herein, including reasonable attorney fees pursuant to 42 U.S.C. §1988. (g) Grant the plaintiffs such other further relief, both general and specific, as the court deems necessary and proper in this case.
Respectfully submitted, SWAFFORD, PETERS, PRIEST & HALL

CERTIFICATE OF SERVICE

I hereby certify that a true and exact copy of the foregoing pleading has been forwarded,

via U.S. Mail, postage pre-paid, on this theiL day of July, 2004, to the following:

Celia A. Liner Equal Employment Oppartunity 1407 Union Avenue, Suite 621 Memphis, TN 38104

Robert E. Boston Waller, Lansden, Dortch & Davis, PLLC 511 Union Street, Suite 2700 Nashville, TN 3721 "L--~

 
 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TENNESSEE
AT WINCHESTER

EQUAL EMPLOYMENT OPPORTUNITYCOMMISSION, SHAWN McBEE, and HEATHER CALVERT,
Plaintiffs,
v.
BRIDGESTONE/FIRESTONE NORTH AMERICAN TIRE, LLC d/b/a BRIDGESTONE/FIRESTONE,
Defendant.

)

)

)

)

)

)

)

) No.: 4:05-CV-60

)

(VARLAN/GUYTON)

)

)

)

)

)

MEMORANDUM AND ORDER

This civil action is before the Court on the Defendant’s Motion for Sum mary

Judgment [Doc. 17]. Plaintiffs Equal Em ployment Opportunity Commission (“EEOC”),

Shawn McBee, and Heather Calvert assert that McBee and Calvert were subjected to sexual

harassment at defendant Bridgestone/Firestone North American Tire, LLC’s (“Bridgestone”)

tire manufacturing plant in Morrison, Warren County, Tennessee. Bridgestone argues that,

even if plaintiffs’ allegations are taken as true, the actions of which plaintiffs complain do

not rise to the level of a hostile work environment in violation of Title VII as a matter of law.

The EEOC argues that there are genuine issues of material fact which preclude the entry of

summary judgment.

The Court has carefully reviewed the parties’ briefs and supporting materials [Docs.

18, 20, 25, 28] and has determined that oral argument on the pending motion is not needed.

For the reasons set forth herein, the defendant’s motion will be denied.
I. Summary of Facts Calvert and McBee worked in the tire room in Bridgestone’s Warren County plant,
where they worked on tire machines assembling tires. Beginning in 2002, plaintiffs allege that they were subjected to num erous offensive com ments of a sexual nature that we re broadcast over the employees’ two-way radios. The plaintiffs complained about the radio chatter and allege that they were then subj ected to further hostile rem arks from their coworkers whereby their co-workers referred to them as “rats” and made sarcastic reference to being “offended.” The plaintiffs also allege that the bead carts, which contain the rubber sidewall of a tire and are moved throughout the tire room, were marked with sexually explicit graffiti, some of which was specific to the plaintiffs. The plaintiffs also complained about the graffiti on the bead carts but contend that it continued to appear. Finally, plaintiffs allege that other offending incidents occurred, including the appearance in the workplace of a suggestively dressed female mannequin, magazine pictures of scantily-clad women, and other sexually related images.
II. Analysis A. Standard of Review Under Fed. R. Civ. P. 56(c), sum mary judgment is proper if “the pleadings,
depositions, answers to interrogatories, admissions on file, together with the affidavits, if any, 2

show that there is no genuine issue of material fact and that the moving party is entitled to judgment as a m atter of law.” The burden of establishing there is no genuine issue of material fact lies upon the m oving party. Celotex Corp. v. Catrett, 477 U.S. 317, 330 n.2 (1986). The court must view the facts and all inferences to be drawn therefrom in the light most favorable to the non-moving party. Matsushita Elec. Indus. Co. v. Zenith Radio Corp,. 475 U.S. 574, 587 (1986);Burchett v. Kiefer, 310 F.3d 937, 942 (6th Cir. 2002). To establish a genuine issue as to the existence of a particular element, the non-moving party must point to evidence in the record upon which a reasonable jury could find in its favor. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248 (1986). The genuine issue must also be material; that is, it must involve facts that might affect the outcome of the suit under the governing law. Id.
The judge's function at the point of sum mary judgment is limited to de termining whether sufficient evidence has been presented to m ake the issue of fact a proper jury question, and not to weigh the evidence, judge tehcredibility of witnesses, and determine the truth of the matter. Id. at 249. Thus, “[ t]he inquiry performed is the threshold inquiry of determining whether there is the need for trial - whether, in other words, there are any genuine factual issues that properly can be resolved only by a finder of fact because theyaym reasonably be resolved in favor of either party.” Id. at 250.
B. Hostile Work Environment Title VII of the Civil Rights Act of 1964 prohibits em ployers from discriminating “against any individual with respect to his compensation, terms, conditions, or privileges of
3

employment, because of such individual’s ... sex... .” 42 U.S.C. § 2000e-2(a)(1). It is well settled that a plaintiff may establish a violation of Title VII by proving that discrimination based on sex created a hostile or abusive work environment. Meritor Savings Bank, FSB v. Vinson, 477 U.S. 57, 66 (1986). In order to esta blish a prima facie case of hostile work environment sexual harassment, a plaintiff must demonstrate the following: (1) she was a member of a protected class; (2) she was subjected to unwelcom e harassment; (3) the harassment complained of was based upon sex; (4) the harassment unreasonably interfered with the plaintiff’s work performance or createda hostile or offensive work environment that was severe and pervasive; and (5) the employer knew or should have known of the charged sexual harassment and failed unreasonably to take prompt and appropriate corrective action. Fenton v. HiSAN, Inc., 174 F.3d 827, 829-30 (6th Cir. 1999).
Bridgestone contends that plaintiffs cannot show the offending conduct was based upon their sex or that it was sufficiently severe or pervasive to alter the conditions of their employment, i.e., that plaintiffs cannot meet the third and fourth elements of a prima facie case of a hostile work environm ent claim. While defendant is correct that som e of the purported conduct was clearly unrelated to the plaintiffs and m ay be appropriately characterized as juvenile or inappropriate, the record does reflect that some comments and graffiti were specifically directed towards the plaintiffs. The Court concludes that, viewing the facts in the light most favorable to the plaintiffs, whether the offending conduct rises to the level of a legally actionable hostile work environm ent is a question that is m ore appropriately resolved by the trier of fact.
4

Bridgestone also argues that it initiated a thorough investigation into plaintiffs’ complaints and took remedial action to prevent recurrence of the radio chatter and graffiti on the bead carts to the extent possible. Thus, Bridgestone contends that plaintiffs cannot meet the final element of a prima facie case, thatis, that the employer knew or should have known of the alleged harassment and failed to implement prompt and appropriate remedial action. The record reflects that Bridgestone did initiate an investigation of the conduct in response to plaintiffs’ complaints and plaintiffs acknowledge that at least the radio chatter improved. However, the record reflects that plaintiffs complained on more than one occasion and that some offending conduct continued after their com plaints. Thus, the Court concludes that there are genuine issues of m aterial fact as to whether defendant’s efforts to resolve the plaintiffs’ complaints were prompt and effective. This question should also be resolved by the trier of fact.
III. Conclusion As set forth above, the Court concludes thatthere are genuine issues of material fact
which preclude the entry of summary judgment. Accordingly, the defendant’s motion for summary judgment [Doc. 17] is hereby DENIED.
IT IS SO ORDERED.
s/ Thomas A. Varlan UNITED STATES DISTRICT JUDGE
5

 
 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TENNESSEE
WINCHESTER DIVISION

EQUAL EMPLOYMENT OPPORTUNITY )

COMMISSION,

)

)

Plaintiff,

)

)

and

)

)

HEATHER CALVERT and

)

SHAWN MCBEE,

)

)

Plaintiff-Interveners,

)

)

v.

)

)

BRIDGESTONE/FIRESTONE NORTH

)

AMERICAN TIRE, LLC.,

)

)

Defendant.

)

NO.: 4:05-CV-60 (VARLAN/GUYTON)

CONSENT DECREE

This action was instituted by the Equal Employment Opportunity Commission (hereinafter the “Commission”) pursuant to §706(f) (1) and (3) of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. §2000e, et seq., and Title I of the Civil Rights Act of 1991, 42 U.S.C. 1981a, against Defendant, Bridgestone/Firestone North American Tire, LLC, (hereinafter the “Defendant”), to remedy unlawful practices alleged in the Complaint filed in this action. Shawn McBee and Heather Calvert subsequently intervened in this action pursuant to Section 706(f) (1) of Title VII, 42 U.S.C. §2000e-5(f) (1). Bridgestone/Firestone North American Tire, LLC filed its Answer to the Complaint denying that the claims and allegations were meritorious or sustainable.
The Complaints allege that Defendant violated Section 703(a) of Title VII, 42 U.S.C. §2000e et seq., by discriminating against Ms. McBee and Ms. Calvert because of sex (female) in the terms

and conditions of their employment and subjecting them to sexual harassment in the workplace. Defendant denied and denies those allegations. The parties, being desirous of settling this action to resolve their legitimate dispute amicably and responsibly and in respect for each other’s positions, stipulate to the jurisdiction of this Court.
This Consent Decree does not and shall not constitute a finding upon the merits of the case or an express or implied admission by Defendant of any violation of Title VII or any other law, rule, or regulation dealing with or in connection with equal employment opportunities. The parties have consented to the entry of this Decree so that they all can avoid the burdens of further litigation and the uncertainty of the outcome of a trial and appeal, and the expense, time, and disruption thereof to all.
The Court has reviewed the terms of the proposed Consent Decree in light of the applicable laws and regulations, the statements and representations of counsel for all parties, the purposes of it as recited herein, and hereby approves the Consent Decree.
NOW, THEREFORE, the Court being fully advised in the premises, it is hereby ORDERED, ADJUDGED AND DECREED:
I. SCOPE AND DURATION OF DECREE A. This Decree resolves all claims and issues arising out of Charge Nos. 253-200300057 and 253-2003-00058, the Complaint in Intervention and the Commission’s Complaint in this cause. This agreement shall pertain only to matters arising from the aforementioned allegations and denials, which exclusively relate to Defendant’s Warren County, Tennessee facility. B. The provisions of this Consent Decree will be effective on the date the Decree is entered by the Court and shall continue to be effective and binding upon the parties to this action

for a period of two years from the date of the entry of this decree or until its terms are implemented, whichever is longer.
II. RELIEF A. Defendant and persons acting with it will not engage in an employment practice against any employee on the basis of sex or in retaliation pursuant to Title VII of the Civil Rights Act of 1964, as amended. B. Within sixty (60) days of entry of this Decree, Defendant shall implement a schedule of training for all supervisory and non-supervisory employees for the purpose of reminding, explaining, and reinforcing its existing policy and procedure for eliminating and preventing sexual harassment in the workplace. That training shall inform Defendant’s employees that sexual harassment is strictly prohibited in the workplace, punishable by disciplinary action up to and including termination; and that neither sexual harassment nor retaliation for complaining about sexual harassment will be tolerated or condoned. Defendant shall coordinate with the Equal Employment Opportunity Commission to implement these and related actions to provide effective training for all employees. C. Defendant’s employees shall acknowledge receipt of a copy of its sexual harassment policy and procedure for reporting complaints. An acknowledgement shall be retained. D. Defendant shall hold each supervisory-level employee responsible for ensuring that his/her supervised area is advised of the Company’s intolerance of sexual harassment, that company policies prohibiting employment discrimination are enforced, and that no employee is to be harassed or singled out in any negative way for reporting complaints of harassment. This message shall be a part of the supervisors’ job responsibilities on the same basis as other corporate and plant policies.

In addition, Defendant shall monitor the floor radios for non-business purpose transmissions in the Tire Room.
E. In order to resolve all issues and claims herein which arose or could have arisen from the charges filed by Heather Calvert or Shawn McBee, their Complaint in Intervention, or the Complaint filed by the Commission based on their Charge Nos. 253-2003-00057 and 253-200300058, and to reimburse them for their time, out of pocket and incurred costs, fees owed to third parties, and related items in connection with their effort herewith, Defendant agrees to make in compromise and amicable resolution of the referenced disputed proceedings, and to end for all the continuance of this disputed litigation, an agreed reimbursement of Eighty-Five Thousand Dollars ($85,000.00).
F. The compromise payment set out above shall be made as agreeable to counsel and the parties.
III. NOTICE Defendant shall post and maintain at its Warren County plant, in a location conspicuous and accessible to all applicants and employees the poster summarizing pertinent provisions of Title VII required by Section 711 of the Civil Rights Act of 1964, as amended, 42 U.S.C. §2000e-10(a).
IV. REPORTING REQUIREMENTS Within sixty (60) days of entry of this Order, Defendant shall provide the Commission with written verification that the requirements under paragraphs B, C, and D in Section II herein have been satisfied.

V. COSTS The parties shall bear their own costs and attorneys' fees in this action.
IT IS SO ORDERED.

s/ Thomas A. Varlan UNITED STATES DISTRICT JUDGE

AGREED AND APPROVED FOR ENTRY: FOR DEFENDANT:

FOR PLAINTIFF EEOC:

s/ Robert E. Boston (by permission CSL) ROBERT E. BOSTON, TN Bar No. 9744 JASON D. FISHER, TN Bar No. 20076 Waller Lansden Dortch & Davis, PLLC Nashville City Center 511 Union Street, Suite 2700 Nashville, TN 37219 (615) 244-6380
FOR PLAINTIFFS/INTERVENERS:
s/ Robert S. Peters (by permission CSL) ROBERT S. PETERS, TN Bar No. 3630 Swafford, Peters, Priest & Hall 100 First Avenue, SW Winchester, TN 37398 (931) 967-3888

JAMES L. LEE Deputy General Counsel
GWENDOLYN YOUNG REAMS Associate General Counsel
s/ Katharine Kores (by permission CSL) KATHARINE KORES Regional Attorney
s/ Terry Beck (by permission CSL) TERRY BECK Supervisory Trial Attorney Tennessee Bar No. 9346
s/ Celia S. Liner CELIA S. LINER Arkansas Bar No. 90183 EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 1407 Union Avenue, Suite 621 Memphis, Tennessee 38104 Telephone: (901) 544-0075

 
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CLOSED, JURY_TRIAL, PAA
U.S. District Court (Live Database) U.S. District Court - Eastern District of Tennessee (Winchester)
CIVIL DOCKET FOR CASE #: 4:05-cv-00060

Equal Employment Opportunity Commission v. Bridgestone/Firestone North American Tire, LLC Assigned to: Honorable Thomas A Varlan Referred to: Magistrate H Bruce Guyton Cause: 42:2000e Job Discrimination (Employment)

Date Filed: 05/27/2004 Date Terminated: 02/16/2006 Jury Demand: Both Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: Federal Question

Plaintiff
Equal Employment Opportunity Commission

represented by Celia S Liner United States of America Equal Employment Opportunity Commission 1407 Union Avenue Suite 621 Memphis, TN 38104 901-544-0075 Fax: 901-544-0111 Email: celia.liner@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Katharine W Kores United States of America Equal Employment Opportunity Commission 1407 Union Avenue Suite 621 Memphis, TN 38104 901-544-0140 Fax: 901-544-0111 Email: katharine.kores@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Terry L Beck United States of America Equal Employment Opportunity Commission 1407 Union Avenue Suite 621 Memphis, TN 38104 901-544-0140 Fax: 901-544-0111 Email: terry.beck@eeoc.gov

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Intervenor Plaintiff Heather Calvert
Intervenor Plaintiff Shawn McBee
V. Defendant Bridgestone/Firestone North American Tire, LLC doing business as Bridgestone/Firestone

LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Robert S Peters Swafford, Peters, Priest & Hall 100 First Avenue SW Winchester, TN 37398-1728 931-967-3888 Email: rspeters@spphlaw.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Robert S Peters (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Jason D Fisher Waller Lansden Dortch & Davis P O Box 198966 Nashville, TN 37219-8966 615-244-6380 Fax: 615-244-6804 Email: jfisher@wallerlaw.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Robert E Boston Waller Lansden Dortch & Davis P O Box 198966 Nashville, TN 37219-8966 615-244-6380 Fax: 615-244-6804 Email: robert.boston@wallerlaw.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed 05/27/2004
06/17/2004

#

Docket Text

1 COMPLAINT against Bridgestone/Firestone North American Tire, LLC , filed by Equal Employment Opportunity Commission.(ANB) (Entered: 05/28/2004)

2 ANSWER to Complaint with JURY DEMAND by Bridgestone/Firestone

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06/17/2004 06/25/2004 06/30/2004
07/21/2004 07/21/2004 07/30/2004 08/13/2004 09/10/2004 09/24/2004 09/28/2004 09/28/2004
10/25/2004
01/14/2005 02/10/2005

North American Tire, LLC.(DHJ) (Entered: 06/25/2004)
3 CERTIFICATE OF CORPORATE INTEREST. (DHJ) (Entered: 06/25/2004)
4 NOTICE OF CONSENT FORMS mailed to counsel of record: case AT ISSUE. (DHJ) (Entered: 06/25/2004)
5 WAIVER OF SERVICE Returned Executed by Equal Employment Opportunity Commission. Bridgestone/Firestone North American Tire, LLC waiver sent on 6/2/2004, answer due 8/2/2004. (DHJ) (Entered: 07/01/2004)
6 MOTION to Intervene by Heather Calvert, Shawn McBee. (DHJ) (Entered: 07/30/2004)
7 MEMORANDUM in Support of Motion re 6 MOTION to Intervene filed by Heather Calvert, Shawn McBee. (DHJ) (Entered: 07/30/2004)
NOTICE of Hearing: Scheduling Conference set for 8/24/2004 03:00 PM in Courtroom 3A before Honorable Thomas A Varlan. (DHJ) (Entered: 07/30/2004)
8 ORDER granting Shawn McBee and Heather Calvert's 6 Motion to Intervene . Signed by Judge Thomas A Varlan on August 13, 2004. (BT) (Entered: 08/13/2004)
NOTICE of Hearing: Scheduling Conference set for 9/28/2004 01:30 PM in Courtroom 3A before Honorable Thomas A Varlan. (DHJ) (Entered: 09/10/2004)
NOTICE of Hearing: Scheduling Conference set for 9/28/2004 01:30 PM in Courtroom 3A before Honorable Thomas A Varlan. (Test for NEF notification for Celia Liner) (JN ) (Entered: 09/24/2004)
9 Intervenor COMPLAINT filed by Heather Calvert, Shawn McBee (leave granted per order #8).(DHJ) (Entered: 09/28/2004)
10 Minute Entry for proceedings held before Judge Thomas A Varlan: Scheduling Conference held on 9/28/2004. Final Pretrial Conference set for 9/1/2005 01:00 PM in Courtroom 3A before Honorable Thomas A Varlan. Jury Trial set for 9/13/2005 09:00 AM in Courtroom 3A before Honorable Thomas A Varlan. (JN ) (Entered: 09/29/2004)
11 SCHEDULING ORDER: Final Pretrial Conference set for 9/1/05 at 1:00 p.m. and jury trial set for 9/13/05 at 9:00 a.m. w/expected length of trial of 3-4 days.Signed by Judge Thomas A Varlan (DHJ) (Entered: 10/25/2004)
12 NOTICE of Appearance by Jason D Fisher on behalf of Bridgestone/Firestone North American Tire, LLC (Fisher, Jason) (Entered: 01/14/2005)
13 Joint MOTION to Continue Trial by Heather Calvert, Shawn McBee, Equal Employment Opportunity Commission, Bridgestone/Firestone

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North American Tire, LLC. (Fisher, Jason) (Entered: 02/10/2005)
14 ORDER granting 13 Motion to Continue; case is reset for trial on 11/14/05; any remaining ddlns included in scheduling order are hereby adjusted to confrom to the rescheduled trial date . Signed by Judge Thomas A Varlan on 2/15/05. (DHJ) (Entered: 02/15/2005)
Set/Reset Hearings: Jury Trial reset for 11/14/2005 09:00 AM in Courtroom 3A before Honorable Thomas A Varlan. (DHJ) (Entered: 02/15/2005)
15 Agreed Proposed Order (Protective Order) by Heather Calvert, Shawn McBee, Equal Employment Opportunity Commission, Bridgestone/Firestone North American Tire, LLC. (Fisher, Jason) (Entered: 06/23/2005)
16 AGREED PROTECTIVE ORDERSigned by Judge Thomas A Varlan on 6/24/05. (DHJ) (Entered: 06/24/2005)
17 MOTION for Summary Judgment by Bridgestone/Firestone North American Tire, LLC. (Attachments: # 1 Appendix to Defendant's Motion for Summary Judgment# 2 Exhibit 1 - Stacy v. Shoney's, Inc.# 3 Exhibit 2 - Swanson v. Livingston County# 4 Exhibit 3 - Walk v. Rubbermaid, Inc.# 5 Exhibit 4-A - Heather Calvert Deposition Excerpts and Exhibits# 6 Exhibit 4-B - Heather Calvert Deposition Excerpts and Exhibits (continued)# 7 Exhibit 4-C - Heather Calvert Deposition Excerpts and Exhibits (continued)# 8 Exhibit 4D - Heather Calvert Deposition Excerpts and Exhibits (continued)# 9 Exhibit 4-E - Heather Calvert Deposition Excerpts and Exhibits (continued)# 10 Exhibit 4F - Heather Calvert Deposition Excerpts and Exhibits (continued)# 11 Exhibit 5 Lara Hilliard Deposition Excerpts and Exhibits# 12 Exhibit 6-A - Shawn McBee Deposition Excerpts and Exhibits# 13 Exhibit 6-B - Shawn McBee Deposition Excerpts and Exhibits (continued)# 14 Exhibit 7 Kris McKorkle Deposition Excerpts# 15 Exhibit 8 - Jim Medler Deposition Excerpts and Exhibits# 16 Exhibit 9 - Declaration of Brian Sears with Attached Exhibit "A")(Fisher, Jason) (Entered: 07/15/2005)
18 MEMORANDUM in Support of Motion re 17 MOTION for Summary Judgment filed by Bridgestone/Firestone North American Tire, LLC. (Fisher, Jason) (Entered: 07/15/2005)
19 MOTION for Extension of Time to File Response/Reply as to 17 MOTION for Summary Judgment, 18 Memorandum in Support of Motion by Equal Employment Opportunity Commission. (Attachments: # 1)(Liner, Celia) (Entered: 07/18/2005)
20 NOTICE by Bridgestone/Firestone North American Tire, LLC of Filing (Complete Exhibit "A" to Declaration of Brian Sears) (Attachments: # 1 Exhibit Declaration of Brian Sears with Complete Exhibit "A")(Fisher, Jason) (Entered: 07/18/2005)
21 MOTION for Extension of Time to File Response/Reply as to 17 MOTION for Summary Judgment, 18 Memorandum in Support of

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Motion by Equal Employment Opportunity Commission. (Attachments: # 1)(Liner, Celia) Modified on 7/20/2005-this doct is duplicate filing of doct 19 of which was granted on 7/20/05. (DHJ) (Entered: 07/18/2005)
23 SUBPOENA Returned by plaintiff Unexecuted on 6/22/05 as to William J. Fults "Unexecuted, received the subpoena the same day as the deposition" (DHJ) (Entered: 07/20/2005)
24 SUBPOENA Returned Unexecuted by Equal Employment Opportunity Commission on 6/22/05 as to Christopher Castner "Unexecuted received the subpoena the same day as the deposition. (DHJ) (Entered: 07/20/2005)
22 ORDER granting 19 Motion for Extension of Time to File Response; pla has until 8/25/05 to respond. Signed by Judge Thomas A Varlan on 7/20/05. (DHJ) (Entered: 07/20/2005)
25 RESPONSE in Opposition re 17 MOTION for Summary Judgment PLAINTIFF EEOC'S MEMORANDUM IN OPPOSITION TO DEFENDANT'S MOTION FOR SUMMARY JUDGMENT filed by Equal Employment Opportunity Commission. (Attachments: # 1 Appendices to Plaintiff EEOC's Memorandum in Opposition to Defendant's Motion for Summary Judgment# 2 Appendix Exhibit No. 1 Heather Calvert Deposition Excerpts# 3 Appendix Exhibit No. 1A Exhibits to Calvert Deposition# 4 Exhibit No. 4# 5 Exhibit No. 7# 6 Exhibit No. 8# 7 Exhibit No. 9# 8 Exhibit No. 11# 9 Exhibit No. 13# 10 Exhibit No. 14# 11 Exhibit No. 17# 12 Exhibit No. 19# 13 Exhibit No. 21# 14 Exhibit No. 22# 15 Exhibit No. 23# 16 Appendix Exhibit No. 2 Shawn McBee Excerpts# 17 Appendix Exhibit No. 3# 18 Appendix Exhibit No. 4# 19 Appendix Exhibit No. 4A# 20 Exhibit No. 1# 21 Exhibit No. 8# 22 Exhibit No. 21 thru 23# 23 Exhibit No. 24# 24 Exhibit No. 25# 25 Exhibit No. 26# 26 Appendix Exhibit No. 5# 27 Appendix Exhibit No. 6# 28 Appendix Exhibit No. 7# 29 Appendix Exhibit No. 7A# 30 Exhibit No. 3# 31 Appendix Exhibit No. 8# 32 Appendix Exhibit No. 9# 33 Appendix Exhibit No. 10# 34 Appendix Exhibit No. 11# 35 Appendix Exhibit No. 12)(Liner, Celia) (Entered: 08/25/2005)
26 MOTION Motion and Memorandum to Transfer Case by Equal Employment Opportunity Commission. (Liner, Celia) (Entered: 09/01/2005)
27 Agreed Proposed Order to Transfer Case by Equal Employment Opportunity Commission. (Liner, Celia) (Entered: 09/01/2005)
28 REPLY to Response to Motion re 17 MOTION for Summary Judgment filed by Bridgestone/Firestone North American Tire, LLC. (Attachments: # 1 Appendix to Reply Brief in Support of Defendant's Motion for Summary Judgment# 2 Exhibit 1 - Excerpts from and Exhibit to Deposition of Heather Calvert# 3 Exhibit 2 - Exhibit to Deposition of Shawn McBee)(Fisher, Jason) (Entered: 09/01/2005)
29 ORDER granting 26 Motion to Transfer Case to the Winchester Division. Signed by Judge Thomas A Varlan on 9/2/05. (ANB) (Entered:

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09/02/2005)
Case transferred in from Knoxville Division. Case Number 3:04-cv-242. Case assigned to Judge Thomas A Varlan and H Bruce Guyton..(JGM, ) (Entered: 09/02/2005)
30 WITNESS LIST by Bridgestone/Firestone North American Tire, LLC. (Fisher, Jason) (Entered: 09/30/2005)
31 WITNESS LIST by Equal Employment Opportunity Commission. (Liner, Celia) (Entered: 09/30/2005)
32 MOTION to Continue by Equal Employment Opportunity Commission. (Liner, Celia) (Entered: 10/14/2005)
33 MOTION to Continue by Equal Employment Opportunity Commission. (Attachments: # 1 Text of Proposed Order for Continuance)(Liner, Celia) (Entered: 10/14/2005)
34 Proposed Jury Instructions by Bridgestone/Firestone North American Tire, LLC. (Attachments: # 1 Exhibit (Attachment - unpublished case)) (Fisher, Jason) (Entered: 10/14/2005)
35 Exhibit List and Deposition Designations by Bridgestone/Firestone North American Tire, LLC.. (Fisher, Jason) (Entered: 10/14/2005)
36 MOTION in Limine to Exclude Evidence Relating to Shawn McBee's Discharges in 2001 and 2004 and Brief in Support by Bridgestone/Firestone North American Tire, LLC. (Attachments: # 1 Exhibit Shawn McBee Deposition Excerpts and Exhibit)(Fisher, Jason) (Entered: 10/14/2005)
37 MOTION in Limine to Exclude Alleged Conduct Occurring Outside of Work and Brief in Support by Bridgestone/Firestone North American Tire, LLC. (Attachments: # 1 Exhibit 1 - Heather Calvert Deposition Excerpts# 2 Exhibit 2 - Shawn McBee Deposition Excerpts)(Fisher, Jason) (Entered: 10/14/2005)
38 MOTION in Limine to Exclude Acts not Shown to be Based on Gender, Including Alleged "Retaliation" by Co-Workers, and Brief in Support by Bridgestone/Firestone North American Tire, LLC. (Attachments: # 1 Exhibit 1 - Heather Calvert Deposition Excerpts and Exhibit# 2 Exhibit 2 - Shawn McBee Deposition Excerpts)(Fisher, Jason) (Entered: 10/14/2005)
39 Joint MOTION Proposal on Evidence Presentation Equipment by Heather Calvert, Shawn McBee, Equal Employment Opportunity Commission, Bridgestone/Firestone North American Tire, LLC. (Fisher, Jason) (Entered: 10/17/2005)
40 PROPOSED PRETRIAL ORDER Joint Pretrial Order by Equal Employment Opportunity Commission. (Liner, Celia) (Entered: 10/17/2005)

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41 ORDER granting 39 Motion on Joint Proposal on Evidence Presentation Equipment . Signed by Judge Thomas A Varlan on 10/19/05. (JGM, ) (Entered: 10/19/2005)
42 MEMORANDUM AND ORDER denying 17 Motion for Summary Judgment . Signed by Judge Thomas A Varlan on 10/21/05. (JGM, ) (Entered: 10/21/2005)
43 JOINT PRETRIAL ORDER. Trial length 3-4 days. Settlement uncertainSigned by Judge Thomas A Varlan on 10/21/05. (JGM, ) (Entered: 10/21/2005)
44 ORDER granting 33 Motion to Continue. Trial date is continued to Tuesday, 7/11/06 at 9:00 a.m. in Winchester . Signed by Judge Thomas A Varlan on 10/21/05. (JGM, ) (Entered: 10/21/2005)
Set/Reset Hearings: Jury Trial reset for 7/11/2006 09:00 AM in Winchester before Honorable Thomas A Varlan. (JGM, ) (Entered: 10/21/2005)
45 RESPONSE to Motion re 38 MOTION in Limine to Exclude Acts not Shown to be Based on Gender, Including Alleged "Retaliation" by CoWorkers, and Brief in Support Plaintiff EEOC's Response to Defendant's Motion in Limine filed by Equal Employment Opportunity Commission. (Liner, Celia) (Entered: 10/25/2005)
46 AGREED ORDER OF VOLUNTARY DISMISSAL WITH PREJUDICE.Signed by Judge Thomas A Varlan on 2/16/06. (ANB) (Entered: 02/16/2006)
47 CONSENT DECREE Signed by Judge Thomas A Varlan on 2/16/05. (JGM, ) (Entered: 02/16/2006)

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