'.

IN THE UNITED STATES DISTRICT COURT
FOR TIlE DISTRICT OF NEW MEXICO
I

05 SEP 27 AH \0: 26
CLrt.r",,i\:-r,\\L1 .!L.{.IivjU'lur[IP\i)UI~....

EQUAL EMPLOYMEI\T OI'PORTUI\'ITY

)

COMMISSION,

)

)

Plaintiff,

)

)

v.

)

)

R W W ENTERPRISES. INC. d/b/a

)

SONIC DRIVE-I\:,

)

)

Defcndant,

)

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

i
C,OMPLAINT
JURY TRIAL DEMANDED

ACT RI D

NATURE OFTHE ACTION

This is an action under Title VII of the Civil Righ!S Act of 1904 as amcnded by the
I
Pregnancy Discrimination Act 0 r 1978 and Title I of the Civil Rights Act of 1991 to correct

unlawful cmployment practices on the basis ofscx, female (prbgnaney) and to provide appropriate
I
relief to Chelsea Correa Sink and a class of fcmales. including Crystal Berumcn. who were
adversely affccted by such practices. The Commission allcg~s that Defendants failed or rcfused
I
to hire Ms.Correa Sink and class of women, including, at least Ms. Berumcn for Car Hop positions

because of their scx, female, and their pregnancies. The Commission further allcges that

I

.

Defendants cfTectively discharged and/or rescinded ajob ofter to Ms. Correa Sink becausc of her

sex. female, and hcr pregnancy.

\

,JURISDICTION AND VENUE

I. Jurisdiction of this Court is invoked purslilult to 28U.S.C. §§ 451,1331,1337,

1343 and 1345. This action is authorized and instituted purruant to Section 706(1)(1) and(3) of

T~tlc VII of the Civil Rights Act of 1964, as amended 42 UfC. § 2000e-5(l)(I) and (3) ("Title

VII") and Section 102 of the Civil Rights Act of 1991, 42U S.C. § 1981a.
j
2. The employment practices alleged to he 'unlawful were committed within the
I
jurisdiction of the United States District Court for the District ofJ\ew Mexico.
I
PARTIES
I
3. Plaintiff. the Equal Employment Opportunity Commission (the "Commission"). is
th~ an agency of the United States of America charged with administration. interpretation and

enforcement of Title VII and is expressly authorized to bring Ihis action by Section 706(1)( I) and

(3) of Title VII, 42 U.S.c. § 2000e-5(1)(l ) and (3).

4.

At all relevant times,. Defendant R W W Enter!lJrises, Inc., (the "Employer"), has

continuously been an Oklahoma Corporation doing business in the State orNew Mexico and the
I
1 City of Alhuquerque as Sonic Drive-In, and has coniinuousl had at least fifteen employees.
5. At all relevant times. Defendant has continuously hecn and is now an employer
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engaged in an industry affecting commerce within the meaning of Section 70 I(b), (g) and (h) of
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Title VII. 42 U.S.c. § 2000e-(b). (g) and (h).
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STATEMENT OF CLAIMS
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6. More than thirty days prior to the institution of this lawsuit, Chelsea Correa Sink ..
i
filed a charge with the Commission alleging violations of Title ;VII by Defendants. All conditions

precedent to the institution of this lawsuit have been fulfilled.!

7.

Since at least August 2004. Defendant has dngaged 111 unlawful employment

I

2

I

practiccs at their Albuquerquc Sonic Drive-In facility, in violation of Sections 701(k) and 703(a)
I
of Title VII. 42 U.S.c. §§ 2000e-(k) and 2000e-2(a). These unlawful employment practices !
include:

A.

failing or refusing to hire Chelsea Correa Sil\k and a class of females, including

I
Crystal Berumen, for Car Hop positions because of their sex. female (pregnancy):
I

and

B. discharging and/or rescinding a job ofTer to Chelsea Correa Sink because of her
I
sex, female (pregnancy).

8. The effect of the practices complained in paragraph 7 of above has been to deprive
Chelsea Correa Sink and a class of females of eqllal emplo~ment opportunit~es and otherwise
I
adversely affect their status as applicants for employment because of their sex, female
I
(pregnancy).

9. The unlawful employment practices complain,ed of in paragraph 7 above were

intentional. 10.

,
The unlawful employment practices complained of in paragraph 7 above were done

with malice and/or reckless indifference to the federally proteLed rights of Chelsea Correa Sink
I
and a class of females, including Crystal Berumen.
I
PRAY1~R FOR RELmF
I
Wherefore, the Commission respectfully requests that .this Court:

A. Grant a pemlanent injunction enjoining Defendartt. its officers. successors, assigns,

and all persons in active concert or participation with thcm. f~om engaging in any employmel1l

I practices which deny employment opportunities to pcrsons on the basis of sex or pregnancy, ..

I

including the failure to hire pregnant women because of their sex or pregnancy and any other

I

.

3

employment practice which discriminates on thc hasi~ of sc1 or pregnancy.
I
B. Ordcr Defcnduntto institute and carry out policies, practices and programs which

provide equal cmploymcnt opportunitics for prcgnant womcll. and which eradicate thc cffccts of

its past and prcscnt unlawful employment practices.

C. Order Defendant to makc wholc Chelsca Corrca Sink and a class of fcmales. by

providing appropriate back pay with prcjudgmcnt intcrest. ih amounts to be determincd at·triaL
i
and othcr affirmativc relicfncccssary to eradicate the ct1"ects of its unlawful employmcnt practices, I
including but notlimiteci to rightful-placc hiring or front pay for Chelsca Correa Sink and a class

of fcmalcs, including Crystal Bcrumcn.

D. Order Defendant to makc whole Chelsca Correa Sink and a class of females, I

including Crystal l3erumen, by providing compcnsation fo~ past and futurc pccuniary losscs

I

resulting from thc unlawful cmployment practices described in Paragraph 7 above, inc.ludingjoh

. ..

I .

scarch cxpcnses, in amounts to be determined at trial,

E.

Ordcr Dcfendant to makc whole Chelsea Co~rca Sink and a class of females,

I

including Crystal Berumen, who wcre advcrscly affected by t~c unluwful employment practices

described abovc, by providing compensation for past and futdrc nonpecuniary losscs, including
I
but not Iimitcd to, emotional pain, su ffcring, inconvenience, mental anguish, loss of enjoymcnt of
I
life, and othcr nonpecuniary losses, in amounts to be detennin,ed at trial.

F. Order Defcndant to pay Chelsca Correa Sink knd a class of fcmales. including I
Crystal Berumen, punitive damages for its malicious andlor rcckless conduct describcd in !
paragraph 7 above, in amounts to bc dctermined at trial,

H. intcrcst.

Grant such furthcr relicf as the Court dcenis nbcessary and proper in thc public
I
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4
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I
I
I. Award the Commission its costs in this action .
. I
JURY TRIAL DEMANDED
I
Thc Commission requests a jury trial on allquestioni of fact raised by its Complaint.
DATED this 271h day of September, 2005.

Respect~IIY submitted,
I
JAMES L. LEE Deputy General Counsel
I

GWENDpLYN YOUNG REAMS Associate General Counsel
I
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 1801 LStreet, NW Washingtbn, D.C. 20507

I

~jb1Yk~

MARY J0 O'NEILL ~

.

I

Regional )\Uorney

I

r\ . I

01. Vlaltc.111p ~btpc/\.

c. EMANUEL SMITH

f·

Supervisoty Trial Attorney

I EQUAL EMPLOYMENT OPPORTUNITY' COMMISSION
I
Phoenix District Office 3300 N. Central Ave. Suite 690 ! . Phoenix, Arizona 85012
!

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5

....

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~I

"

"I~

ORETIA MEDINA

Senior Trial Attornev

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-

VERONICA A. MOLINA Trial Attorney
!

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Albuquerque Area Office 505 Marquette NW, Suite 900 Albuquerque, New Mexico 87102
I
(505) 248-5230
I
.AttorneysI for Plaintiff

6

 
 IN THE UNITED STATES DISTRICT COURT .. FOR THE DISTRICT OF NEW MEXICO.

EQUAL EMPLOYMENT OPPORTUNITY

)

COMMISSION,

)

)

Plaintiff.

)

v.

)

)

RICHARD DONALDSON,

)

R W W ENTERPRISES. INC .. AND

)

M & D INDUSTRIES, d/b/a

) .

SONIC DRIVE-IN,

)

Defendants.

)

----------~-----------------)

. . I · CV-05-1033 ~/.:r.ff-
FIRST AMENDED COMPLAINT
I
JURY TRIAL DEMANDED
I

NATURE OF THE ACTION

This is an action under Title VII of the C. iv. il Rights Act of I1964 as amended by the
I Pregnancy Discrimination Act of 1978 and Title 1 of the Civil Rights Act·.of 1991 to correct
~nd a~propriate unlawful emiJloyment practices on the basis of sex. female (pregnancy) to provide
relief to Chelsea Correa Sink and a class of femaics, including Cry~tal Berumen. who were
I
adversely affected by such practices. The Commission allegt:s that Defendants titiled or rl!fused
Ml. to hirl! Ms.Correa Sink and class of women, including. at least Berumen for CarHop

I .. . . positions becauseo[ their sex. female, and their pregnancies. The cLnmission further alleges
that Defendants effectivcly discharged and/or rescinded a job otTer to !Ms. Correa Sink because

of her sex, female, and her pregnancy.

.' .'.

1.

in~oked .

.JURISDICTION AND VENUE

Jurisdiction of this Court is

pursuant to 28 U.slc. §§ 451, 1331, 1337.

. . I . 1343 and 1345. This action is authorized and instituted pursuant to sJtion 706(1)(1) and(3) of

Title VII of the Civil Rights Act of 1964, as amended 42 U.S.C. § 2000e-5(1)(1) and (3) ("Title

,

.

I

.

. . . I VU") and Section 102 of the Civil Rights Act of 1991,42 U.S.c. § 1981a.

2.

The employment practices alleged to. be u..n. lawful wereI committed within th.e

jurisdiction of the United States District Court for tilt: Disirict of New Mexico.

PARTIES

3. Plaintiff, the Equal Employment Opportunity Commission (the "Commission"). is

an agency of the United States of America charged with the administJtion.· interpretation and
I
enforcement of Title Vll and is expressly authorized to hring this action hy Section 706(f)(l) and

(3) of Title Vll. 42 U.S.C. § 2000e-5(t)(I) and (3).

4. At all relevant times, Defendant Richard Donaldson has continuously heen a 45 %

owner of the Sonic Drive-In that is the subject of thisiawsuit , that is locired in the State of New
t~at Mexico and the City of Alhuquerque. New Mexico and has contiLoUSIY had at least 15

employees.

5. At 1111 rt:levant times, Defendant M&D Industries has continuously heen an .

Oklahoma Corporation doing business in the State of New Mexico and tt City of Albuquerque

I

.

as part owner of the Sonic Drive-In that is the subject of this lawsuit and that has continuously

had at least 15 employees.

6. At all relevant times, Defendant R W W Enterprises. Inc .. has continuously been

.

I

.

an Oklahoma Corporation doing husiness in the State or New Mexico and the City of Alhuquei'que

as part owner of the Sonie Drive-In that is thesubjeet O'f this lawsuit and thL has continuously had

2

- -.'-

.•
at least fifteen employees.

7. At all relevant times. Defendants have continuously been and are now employers

engaged in an indumy affecting comml!rce within the'ineaning of sectiL 70I(b). (g) and (h) of

Title VII, 42 U .S.c. § 2000e-(b). (g) and (h).

STATEMENT 01<' CLAIMS

8. More than thirty days prior to the institution of this lawsrt. Chelsea Correa Sink'

filed a charge with the Commission alleging violations of Title VII by Defendants. All conditions

precedent to the institution of this lawsuit have been fulfilled.

9.

Since at least August 2004. Defendan~s have engaged in unlawful employment

, ' I ' practices at their Albuquerque Sonic Drive-In facility. in viollition of sJtions 701 (k) and 703(a)
of Title VII. 42 U.S.C. §§ 2000e-(k) and 2000e,2(a). These unlawful employment practices

include:

A. failing or refusinl! to hire Chelsea Correa Sink and a class of females. induding
~or (pregnancy)~' Cryst:1 Berumen, Car Hop positions because of their sL. female

and

B. discharging and/or rescinding a job offer'to Chelsea Correa Sink tlecause of IIt:r

sex. female (pregnancy).

, I · ' 10. ,The effect of the practices complained in paragraph 9 of abbve has been tc deprive

,~

Chelsea Correa Sink and a class of females of equal employment oppoi-tunitics and otherwise

adversely affect their status as applicants for employmein because of their sex, female

(pregnancy).

II . The unlawful employment practices complained of in paragraph 9 above were

intentional.

3

12. The unlawful employment practices complained of in paragraph 9 above were done

with malice and/or reckless indifference to the federally protected rightJ of Chelsea Correa Sink

and a class of females, including Crystal Berumen.

PRAYER FOR RELIEF

.

i

Wherefore. the Commission respectfully requests that this Court:

A. Grant a permanent injunction cnjoining Defendants. tht. offic<!rs, successors.

parti~ipation assigns, and all persons in active concert or

with them) from engaging in any

I

. .' . . I . employment practices which dcny employment oppqrtunities to persons on the basis of sex or

pregnancy. including the failure to hire pregnant women because of their sex or pregnancy and

L any other employment practice which discriminates on the basis of sex pregnancy.

'.

B. Order Defendants to institute and carry out policies, practiLs and programs which

pregna~t provide equal employmerit opportunities for

women, and whiJ eradicate t1;e effects of

its past and present unlawful employment practices.

I

I

c.

an~ Order Defendants to make whole Chelsea Correa Sink a class of females, by

I

providing appropriate back pay with pn:judgment interest, in amounts t1 he determin<!d at trial,

and other affirmative relief necessary to eradicate the effects of its unlawfulI employment prac.tic.cs,
I including but not limited to rightful-place hiring or front pay for Chclsea Correa Sink and a class

of females, including Crystal Berumen.

D. Order Defendants to make whole Chelsea Correa Sink and a class of females.
I
including Crystal Berumen, by providing compensation for past and future pecuniary losses
i j~b resulting from the unlawful employment practices described in paragraPh 9 above. including

search expenses. in amounts to be determined at triaL

E.

C~elsea Order Defendants to make whole

Correa 'Sink a\ld a class of females.

4

including Crystal Berumen. who were advcrsely affected by the unlawful employment practices

described above. hyproviding co;npellsatioll for past and future llonpeLniary·lossCS. including

hut not limited to. cmotional pain. suffering. inconvenience•. ;nental anLish, loss of enjoyment

.

.. . I

of life. and other nonpecuniary losses. in amounts to he determined at trial.

Sill~and d,L F. Order Defendants to pay Chelsea Correa

a

of fcmales, including

mal:iciou~. Crystal Berumen, punitive damages for its

and/or reckleL conduct described in

paragraph 9 ahove. in amounts to be determined at trial.:

G. interest.

Grant such further relief as the Court deems necessary amI proper in the public
".' . I

H. Award the Commission its costs in this action.

JURY TRIAL DEMANDED'
The Commission requests a jury trial un all.quest'iun.s of fact raisI~d by its First i"~:.'ended
Complaint.

DATED·this 17th day of January, 2006.

'.

. I

Respectfully subnutted.

JAMES L. LEE
' . I . Deputy General Counsel
GWENDOLYN YOUNG REAMS AssoCiate General C6unsel
I
f:QUAL EMPLOYMENT OPPORTUNITY COMMISSION 1801 L Street, NW Washington. D.C. 20507

5

MARY 10 O'NEILL
. Regional Attorney \ .

I . . EQUAL EMPLOyrJtENT OPPORTUNITY
COMMISSION

Phocnix District Otlice

3300 N. Central fwd.

Suite 690

I

Phoenix. AriZOI1(1 85012
~~

LORETTA MEDIN:A . ScniorTrial Attorney
.. . I
VERONICA A. MOLINA Trial Anorney

I EQUAL EMPLOYMENT OPPORTUNITY
. COMMlSSION Albuquerque Area Office 505 Marquette NW.lsuire 900
I Albuquerque. New Mexico 87102
(505) 248-5230

Attorneys for Plainti'ff

•

I

I

., .'

6

 
 IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO tWA

PI D <it Sti~fli e, ,'v"
OCT 26 ' 2006

EQUAL EMPIO'YMENT OPPORTUNITY

III-t E::ll' ,

C L f

J,
R

D k

r

' IItt

1.','~.

COMMISSION.

nv 05-1033 .lH/RLP

Plaintin:

)

)

CONSE:'tIT DECREE

)

RICHARD DONALDSON.

)

R W W DITERPRISES. INC.. AND M & D n"DUSTRIES d/b/a

SONIC DRIVE-IN

Defendants.

The Equal Employment Opportunity Commission (EEOC or Commission) filed this action against Richard Donaldson, R W W Enterprises, Inc" and \1 & D Industries. d/b/a Sonic Drive-In, collectively the "Defendants," to enforce Title VII of the Civil Rights Act of 1964, as amended by the Pregnancy Discrimination Aet of 1978, and Title I of the Civil Rights Act of 1991. In thc Complaint, thc Commission alleged that Defendants discriminated against Chelsea Correa Sink and a class offemales, including Crystal Berumen, ",hen Defendants failed or refused to hire the women because of their sex, female and their pregnancies, in violation of Title VII. The Commission further alleged that Defendants effectively discharged and/or rescinded ajob oner to :'vIs, Correa Sink because of her sex, ICmaic, and her pregnancy, in \'iolation of Title VII.
The Parties to this Consent Decree do not object to the jurisdiction of the Court over this action and waive their rights to a hcaring and the entry of findings of fat't and ('onclusions of law,

It is hereby ORDERED. ADJUDGED AND DECREED: I. This Decree resolves all claims of the Commission against Defendants arising out of this lawsuit. including claims for back pay, compensatory damages. punitin: damages. interest. injunctive relief. attomey's fees and costs. 2. This consent decree docs not constitute an admission of liability by any Delcndant. 3. The sole and exclusive party to this lawsuit that is required and responsible 1,)1' any and all aspects of consent decree compliance is Richard Donaldson and the Sonic ii2 store. The Decree and or terms of any injuncti\'e relief do not apply to Defendants M&D Industries ami RWW Enterprises Inc .. other than as it relates to these Ddendants' ownership interest in the Sonic #'1 store. located in Albuquerque. NM. 4. The Court has jurisdiction of the subject matter of this action and of the parties. 5. The terms and pro\'isions of this Consent Decree arc adequate. fair. reasonable. Cljuitable. and jus\. The rights of the parties are adequately protected by this Consent Decree. ri. This Consent Decree conforms with the Federal Rules of Civil Procedure and Title VII and is not in derogation of the rights and pri\'ileges orany person. The entry of this Consent Decree will further the objectives of Title VII and will be in the best interests of Defendants. the Commission. and the pUblic.
INJUNCTlOI\ 7. For the duration of this Consent Decree. Defcndants. their owners. managers. agents. officers. employees. successors. and assigns. and all persons in active concert or participation with them. arc permanently enjoined for the duration of the decree from
2

discriminating against any individual bccause of his or hcr sex. including suhjccting cmployees or applicants to sex or pregnancy discrimination. This injunction will remain in effect for the duration of the decree at any facility operated by Dcfcndants in thc state of New Mexico.
8. Dcfcndants. thcir owners. managers. agents. oi"licers. employees. successors and assigns and all persons in active concert or participation with them. arc permancntly enjoined It)r thc duration of the decree from retaliating against any employee or individual because thc cmployec or individual has (a) opposcd practices made unlawlhl by Title VI1 or a state equal cmployment opportunity statute. (b) liled a charge of discrimination. including sexual harassment. (c) assisted or participated in the filing of a charge of discrimination. including sexual harassment. (d) assisted or participated in an investigation or proceeding under Title VI1 or a statl! cljual CmpIO)l11cnt opportunity statute. or (e) liles an internal complaint of discrimination. This injunction will remain in effect (or the duration of the decree at any facility opcrated by Defendants in the state of New Mexico.
RELIEF TO CHARGING PARTYANQJ1!..E CLASS (). Within ten (10) days of entry of this Decree. Defendants agree to pay thc total amount of 523.500.00 to Ms. Correa Sink ($17.500.00) and Ms. Bcrumen (S6.000) pursuant to thc distribution sct forth in Exhibit A. For these payments designated as compensatory damages. Defendants shall issue check(s) and 1099 (ornls It)r the amounts pursuant to Exhibit A. 10. The checks provided for in this Decree shall be mailed by Defendant's counscl. directly to Ms. Corrca Sink and Ms. Berumen at the addresses supplied by the Commission. and as designated by the Commission. Within five (5) busincss days of the issuance of the chccks. Defendants shall submit a copy of thc checks and related correspondence to the United States Eljual Employmcnt Opportunity Commission Albuquerque Area Office. Regional Attorney. 505
3

Marquette :'>IW. Suite 900. Albuljucrljue. New Mcxico 87102-2189.

II. Defendants shall not take any action against Ms. Correa Sink. Ms. Bemmen or

any witness in this proceeding or any other individual in retaliation for tiling a charge of

cmployment discrimination. or for participating. assisting or tcstifying in this action.

DEJ?~~NDAI'iT'S POLICIES AI'iD PRACTICES

12. Defendants shall institute and carry out policies and practices that foster a work

environment tree from sex discrimination. including pregnancy discrimination in the hiring of

employees. the firing of employees. and all other terms. conditions. and privileges of

employment. To assist Defendants in their efforts to foster a work environment free of sex

and/or pregnancy discrimination. the Defendants shall take the actions provided lar in

Paragraphs 13-15 and 17.

13. Within sixty (60) days of the entry of this Decree. Defendants shall review their

policies. practices and procedures relating to sex and pregnancy discrimination and make any

changes nccessary so that their policies. practices and procedurcs comply with Titlc VII.

Defendants shall ensure that any written policies includc a statement that employees who believe

they have heen subjected to sex or pregnancy discrimination have the right to complain directly

to EEOC or any statc cqual opportunity agency. Within ninety (9(1) days of entry of this Decree.

Defendants shall distribute their new or revised policies and procedures relating to sex and/or

pregnancy discrimination to each of its current full and part-timc employees. and to each new

employee hired for the duration of this Decree at lilcilitics operated by Defendants in :'>lew

\1exico.

14.

Within ten (10) days of entry of this Dccrcc and lar duration of this Decree.

Defendants shall post. in a prominent place frequented hy its employees at its :'>lew Mexico

4

facilities. the Notice attached as Exhibit B. The Notice shall be the same type, style and si/.c as set forth in Exhibit 8 to this Dccree.
15. Defendants will provide training on Title VII prohibitions relating to sex discrimination and the Pregnancy Discrimination Act (I'DA) for its employees. including managt:ment employees, its personnel managers, and any individual involved in the hiring, disciplinary or termination process at its New Mexico lacilities. The PDA training shall include some interactive component. Training required by this Decree will occur according to the following ternlS.
A. Defendants shall provide three (3) training sessions during the term of this decree. All hiring officials, managers, supervisors and employees at lacilities owned or operated by Defendants in New Mexico shall attend the training. Duplicative sessions may be held to accommodate stafling needs. Defendants shall be responsible for all costs associated with this training.
B. During the first year of the decree, the lirst training shall be conducted within ninety (90) days of the entry of this decree. Additional training shall be conducted for all other New Mexico facilities subject to this Decree (Sonic Store #2), at least once each remaining year of this Decree. Defendant may complete its training obligations under this Decree within thirty (30) months of entry of the Decree as long as all other requirements of the Decree arc met.
e. Defendants shall select a qualified trainer or facilitator and shall submit the
trainer's or facilitator's name, resume. training agenda and the date(s) of the proposed training to the Regional Attorney orthe Albuquerque Area Ollice of the Equal Employment Opportunity Commission within forty-five (45) days of the
5

entry of this decree. During the second and third years of the Decree. the abo\'e infoTIllation shall he suhmitted to the Regional Attorney at least sixty (60) days prior to the seminar-training session. The Commission shall have thirty days from the date of receipt of the infoTIllation described above to accept or reject the proposed trainer andlor the contents of the' seminar. In the event the' Commission docs not approve defendants' designated traine'r, the Commission shall designate thc trainer at a cost not to exceed 51000.00 per seminar-training session which shall be paid by defendants. D. The training shall include a minimum oft\\·o hours of instruction. All pcrsonncl. designated in Paragraph A shall both register and ath:nd the training. The rcgistry of attendance shall be retained by defendant at least for the duration of the decree. E. The training, at a minimum shall include the subjects of: \\'hat constitutes sex and pre'gnancy discrimination, and retaliation: that sex and pregnancy discrimination in the hiring, liring, compensation, assignment or other teTIllS, conditions or privileges of employment and retaliation violates Title VII; how to prevcnt sex and pregnancy discrimination and retaliation; how to provide a work environment free from sex and pregnancy discrimination, and retaliation: and to whom and by what means employees may complain if they fed they have been suhjected to sex or pregnancy discrimination, or retaliation in the workplace. Defendants will also include in the training scssions an overvie\\ ofthc PDA, Defendants' recognition of a commitment to the obligations imposed by the PDA , as well as, applicant and employee rights under the PDA. F. Immediately following the training sessions, Defendants' highest ranking
6

managerial official in the facility shall speak to the employees about: (I) potential discipline that can be taken against supervisors. managers and employees who commit acts of sex or prcgnancy discrimination or retaliation or who allow sex or pregnancy discrimination or retaliation to occur in thc workplace; (2) the importance of maintaining an environmcnt free ofscx and prl'gnancy discrimination and retaliation; and (3) the employer's policies regarding sex and prl'gnancy discrimination. and retaliation. This time shall not bc counted toward the two hour minimum training required in paragraph 150. G. For the duration of this decree. at or around the time of hire. employees hired after the annual training is presented, shall view a video tapc ofthc training and/or a professional training tape which covcrs thl' topics set forth in paragraph 15E and shall bc given any written material disseminated at the training. I(I. The Commission. at its discretion, may designate Commission rcpresentatives to attend and participate in any of the training sessions descrihed ahove.
REPORTING BY DEFENDA!'iT AND ACCESS BY EEOC 17. Defendants shall report in writing and in affidavit fi)rn1 to the Regional Attorney of thl! Commission's AlhulJuerlJuc Arca Officc at 505 \1arquettc l\"W. Suitc 900. Albuquerque. l\"ew Mexico 87102-2189. heginning six months from the date of the entry of this Dccree. and thercafter e\"Cry six months for the duration of the Decrec thc following information: A. Any changes. modifications. revocations. or revisions to Defendants' policies and
proccdures which concern or affect the subjects of sex or pregnancy discrimination and retaliation. B. The name, address, position. social security number and telephone numbcr of any
7

employee in the State of New Mexico who has brought allegations of sex discrimination, including pregnancy discrimination against Defendants or their personnel, including hut not limited to, management oflicials, vendors, agents, or employees, during the six months preceding the report. The nature of the complaint. investigatory efforts made hy Iktcndants, and the corrective a(,tion taken, if any. shall be specified. C. Thc registries of persons attending each of the seminar-training sessions required hy this Decree. and lists of current New \1cxico employees on the days of the seminar-training sessions. D. An affidavit by each Defendant stating: (I) the ~otice required in paragraph 14 of this Decree was posted and the locations \\'here it was posted and, (2) Defendants have complied with paragraphs 12-13 and 15 of this Decree. 18. The Commission, upon reasonable notice, shall have the right to entcr and inspect thc prcmises of Dclcndants' business facilities located in ~e\V Mexico to cnsure compliancc with this Decrce and fcderal anti-discrimination laws.
COSTS AND DURATlO,," 19. Each Party shall hear its costs and attorney's fees in this case, through entry of this Decree. 20. The duration of this Decree shall be three years from its entry. This Court shall retain jurisdiction ovcr this action for the duration of the Decree, during which time tht: Commission. may petition this Court for compliancc with this Decree. Should the Court detcrminc that Defcndants havc not complied with this Decree. appropriate relief. including extension of this Dccree for such period as may be necessary to remedy its non-compliance, may he ordered. This
8

De<:ree shall expire hy its own tenns at the end of three years from the date of entry, without further at,tion hy the Parties.
21. The Parties agree to entry of this Decree and judgment subject to final approval hy the Court.

?C"" Entered and ordered this ~Gl'-~.:>,---_ _day of D-~ .J.-.

2006.

-BJIL.~--~ C: I~-.HOf\ORABLE JUDITH C. HERRERA TED STATES DISTRICT JUDGE

APPROVED A:--JD CONSENTED:

Ronald Cooper General Counsel

.rames l... Lee
Deputy General Counsel

Gwendolyn Young Reams Associate General Counsel

EOL:AI. EMPLOYMENT OPPORTUNIT'{ CO\1MISSIO:--J 180 I l.. Street. '\I. W. Washington. D.C. 20507

~jjJ~./'fV\o ci",;\,'-'t:J~

ARY .10 O'NEILL

I

Regional Attorney

~~~

SALLY C. SIIANLEY

I

Super\"isory Trial Attorney

9

~~.
Rob Perry Law Office Robert P. Perry. Esq. 201 12'h Street N.W.• Albuquerque, New Mexico 87102 (505) 244-0094
Attorneys lilr Defendants

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
3JOO N. Central Ave.. Suite 690 Phoenix. Arizona 85012
ko~~~ LORETTA MEDINA Senior Trial Attorney
VERONIA MOLINA Trial Attorney
EQUAl. EMPLOYMENT OPPORTUNITY COMMISSION Albuquerque Area Offic.: 505 Marquette NW. Suite 900 Albuquerque. New Mexico 87102-2189 (505) 248-5230
Attorneys li)r Plaintiff

10

Chelsea Correa Sink Crystal Berumen

Distribution of Settlement Amount Compensatory [)amages 517.500.00 56.000.0n

EXHIBIT A 11

:-.IOTICE TO ALL EMPLOYEES OF SONIC DRIVE-I:"I
This ~otice is posted pUTsuantto a Consent Deer.:.: .:ntcn:d into between RichaTd Donaldson. RWW EnterpTises. Inc .. and M & D Industries. d;b!a Sonic DTive-ln and the E<lual Employmcnt Opportunity Commission (EEOC).
It is unlawful under fedeTallaw. Title VII of the' ('i\'il Rights Act and state law to discriminate against an employee on the basis of pregnancy in recruitment. hiring. tiring. l'Omp<!nsation. assignment. or other teTms. and conditions or privileges of employment. It is also unlawful to rctaliate against any peTson because the person pmtested discTiminatoTY pTactices OT contacted the EEOC.
Sonic DTive-ln shall not discTiminate against any applicant or employee on the basis of sex. including pTegnancy. and shall not Tetaliate against any indi\·idual.
If you bclieve you have been discTiminated against by Sonic DTive-ln. you have the right to seck assistance fTom:
(1) Equal Employment Opportunity Commission (EEOC). 505 MaryuClle NW. Suite <)1)0. Albuquerque. :\e\\' Mexico g71 02. (505) 248-520 I. OT
(2) The New Mexico Department of l.aboT. Human Rights Division. 1596 Pacheco St.. Suite 103. Santa Fe. New ~exieo 87505. (505) ~27-6R3k or 1 (ROO) 5t>6-9471.
You have the Tight to file a chaTge with the EEOC or HRD if you bdicyc you aTe being discTiminated against.
No Retaliation Clause. No action may be taken against you by any supervisory OT managcment official of Sonic Drive-In lOT (1) opposing discriminatory practices made unlawful by federal or state la\\'; (2) filing a charge or assisting or participating in the filing ofa charge of discrimination; or (3) assisting or participating in an investigation llr proceeding brought under Title VII. Should any such retaliatory actions be taken against YOLi. you should immcdiately contact thc EEOC or the New Mexico Department of Labor. Iluman Rights Division at the addresses or telephone numbers listed above.
EXHIBIT B
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MTNDDL, TERMED, TRANSF
U.S. District Court District of New Mexico - Version 3.0 (Albuquerque) CIVIL DOCKET FOR CASE #: 1:05-cv-01033-JCH-RLP

EEOC v. RWW Enterprises, Inc, et al Assigned to: District Judge Judith C. Herrera Referred to: Magistrate Judge Richard L. Puglisi Demand: $0 Cause: 42:2000e Job Discrimination (Employment)

Date Filed: 09/27/2005 Date Terminated: 10/26/2006 Jury Demand: Both Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

Plaintiff
Equal Employment Opportunity Commission

represented by C Emanuel Smith EEOC 3300 N Central Ave #690 Phoenix, AZ 85012 (602) 640-5033 Fax: 640-5009 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Gwendolyn Young Reams EEOC Legal Counsel Office 1801 L Street, NW Washington, DC 20507 (202) 663-4669 Fax: 663-4639 LEAD ATTORNEY ATTORNEY TO BE NOTICED

James L Lee EEOC Legal Counsel Office 1801 L Street, NW Washington, DC 20507 (202) 663-4669 Fax: 663-4639 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Loretta F Medina EEOC 505 Marquette, NW #900 Albuquerque, NM 87102 (505) 248-5230

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V. Defendant RWW Enterprises, Inc. doing business as Sonic Drive-In
Defendant Richard Donaldson
Defendant M & D Industries doing business as Sonic Drive In

Fax: 248-5217 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Mary Jo O'Neill EEOC Phoenix District Office 3300 North Central Avenue #690 Phoenix, AZ 85012-2504 (602) 640-5000 Fax: (602) 640-5009 Email: mary.oneill@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED
Veronica A Molina Equal Employment Opportunity Commission Legal Unit 505 Marquette N.W., Suite 900 Albuquerque, NM 87102 (505) 248-5231 Fax: (505) 248-5217 Email: veronica.molina@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Robert J. Perry 201 12th Street NW Albuquerque, NM 87102 505-244-0094 Email: robperrylawoffice@yahoo.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Robert J. Perry (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Robert J. Perry (See above for address) LEAD ATTORNEY

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Date Filed 09/27/2005
09/27/2005 10/06/2005 10/07/2005 10/11/2005
01/17/2006 02/15/2006 02/15/2006 02/23/2006
04/10/2006 04/11/2006 04/13/2006 04/19/2006 04/20/2006
05/08/2006

ATTORNEY TO BE NOTICED

#

Docket Text

1 COMPLAINT for Discrimination w/jury demand (counsel to submit summons at a later date) (referred to Magistrate Judge Richard L. Puglisi) (nc) (Entered: 09/28/2005)

LETTER re: consent to proceed before a US Magistrate Judge (nc) (Entered: 09/28/2005)

SUMMONS issued to Richard Donaldson (sl) (Entered: 10/06/2005)

2 NOTICE by plaintiff of refusal to consent to proceed before a U.S Magistrate Judge (sl) (Entered: 10/07/2005)

3 MINUTE ORDER: transferring case to the Santa Fe Division and reassigning case from Magistrate Judge Alan Torgerson to District Judge Judith C. Herrera (cc: all counsel*) (sl) (Entered: 10/11/2005)

4 AMENDED COMPLAINT [1-1] by plaintiff; jury demand; adding Richard Donaldson, M & D Industries (sl) (Entered: 01/17/2006)

5 ANSWER by RWW Enterprises, Inc, Richard Donaldson, M & D Industries [4-1] (sl) (Entered: 02/15/2006)

6 ACCEPTANCE/ACKNOWLEDGEMENT OF SERVICE by defendants on 1/18/06 (sl) (Entered: 02/15/2006)

7 INITIAL SCHEDULING ORDER by Magistrate Judge Richard L. Puglisi Rule 16 scheduling conference set for 4/19/06 at 11:00 am; provisional discovery plan and IPTR due on 4/12/06 (cc: all counsel*) (sl) (Entered: 02/23/2006)

8 NOTICE by defendants' counsel of unavailability of counsel from 5/22/06 through 5/31/06 (sl) (Entered: 04/10/2006)

9 PROVISIONAL DISCOVERY PLAN by the parties* (kd) (Entered: 04/12/2006)

10 CERTIFICATE of service by plaintiff of initial disclosures to counsel on 4/13/06* (sl) (Entered: 04/13/2006)

11 CLERK'S MINUTES: before Magistrate Judge Richard L. Puglisi Rule 16 scheduling conference held (sl) (Entered: 04/19/2006)

12 ORDER by Magistrate Judge Richard L. Puglisi setting settlement conference for 7/18/06 at 9:00 am (cc: all counsel*) (sl) (Entered: 04/20/2006)

13 CERTIFICATE of service by plaintiff of first request for admissions, first set of interrogatories and first request for production of documents to counsel on 5/8/06* (sl) (Entered: 05/08/2006)

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05/11/2006 05/12/2006
05/25/2006 06/14/2006 06/20/2006 07/11/2006 08/04/2006 08/14/2006 08/16/2006 10/26/2006

14 CERTIFICATE by defts of Service of 1st set of interrog(s) to counsel on 05/09/06 (nc) Modified on 05/16/2006 (Entered: 05/12/2006)
15 INITIAL PRE-TRIAL REPORT by District Judge Judith C. Herrera and Magistrate Judge Richard L. Puglisi; Discovery set for 8/16/06; mtn filing ddl set for 10/5/06; proposed pretrial order due 12/21/06; pretrial conference set for 2:00 p.m. on 2/8/07; jury trial set for 9:00 a.m. on 2/20/07 in Albuquerque, NM; Estimated # of Trial Days: 5; Chances of Settlement: unknown (cc: all counsel) (mjr) (Entered: 05/12/2006)
16 ORDER by Magistrate Judge Richard L. Puglisi resetting settlement conference for 8/14/06 at 1:00 pm (cc: all counsel*) (sl) (Entered: 05/25/2006)
17 CERTIFICATE by defts of Service of responses to 1st request for production, joint answers to 1st set of interrog(s) & joint responses to 1st request for admissions to counsel on 06/09/06 (nc) (Entered: 06/15/2006)
18 CERTIFICATE of service by plaintiff of responses and objections to defts' first set of interrogatories to counsel on 6/19/06* (sl) (Entered: 06/20/2006)
19 NOTICE by plaintiff's counsel of unavailability from 7/24/06 through 8/4/06 * (sl) (Entered: 07/11/2006)
20 CERTIFICATE by defts of service of supplemental interrogatories to counsel on 8/4/06 (eh) (Entered: 08/07/2006)
21 CERTIFICATE of service by plaintiff of supplementtal responses and objection to deft's first set of interrogatories to counsel on 8/14/06* (sl) (Entered: 08/14/2006)
22 SETTLEMENT CONFERENCE held before Magistrate Judge Puglisi; case settled* (dmw) (Entered: 08/18/2006)
23 CONSENT DECREE by District Judge Judith C. Herrera (see document for specifics) dismissing case (cc: all counsel) (mjr) (Entered: 10/26/2006)

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