11tU Nd UERK-S ffHt~~

ORIGINAL

'J./ .D.C.-Atrizro,$

IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF GEORGIA MAR 3 1 2006

ATLANTA DIVISION

LUTHER D . Cii:r4c n

p~tY C~
EQUAL EMPLOYMENT

OPPORTUNITY COMMISSION,

Plaintiff,
V.

CIVIL ACTION NO. :

06
COMPLA~ T

eV

0761

RACETRAC PETROLUEM,INC .,

JURY TRIAL DEMANDED

Defendant .

NATURE OF THE ACTION This is an action under Title VII of the Civil Rights Act of 1964, as amended, and Title I of the Civil Rights Act of 1991 ("Title VII'} to correct unlawful employment practices on the basis of religion and retaliation, and to provide appropriate relief to Ms . Dian Paul who was adversely affected by such practices. The Commission alleges that Defendant, RaceTrack Petroleum, Inc . ("Defendant"), discriminated against Ms . Dian Paul by failing to reasonably accommodate her religious beliefs and practices, and by discharging her because of her religious beliefs and practices, and because she opposed Defendant's discriminatory failure to accommodate her sincerely held beliefs and practices .

JURISDICTION AND VENUE 1 . Jurisdiction of this Court is invoked pursuant to 28 U .S.C. §§ X51, 1331, 1337, 1343 and 1345 . This action is authorized and instituted pursuant to Section 7060(1) and (3) of Title VI I of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e-5(x(1) and (3) ("Title VII"), and Section 102 of the Civil Rights Act of 1991, 42 U .S.C . § 1981 a . 2 . The employment practices alleged to be unlawful were committed within the jurisdiction of the United States District Court for the Northern District of"Georgia, Atlanta Division .
PARTIES 3 . Plaintiff, the Equal Employment Opportunity Commission (the "(commission"), is the agency of the United States of America charged with the administration, interpretation and enforcement of Title VII and is expressly authorized to bring this action by Section 70b(f )(1) and (3) of Title VII. 28 U .S .C . § 2000e-5(x(1) and (3). 4. At all relevant times, Defendant, RaceTrac Petroleum, Inc . ("RaceTrac") has continuously been a Georgia corporation doing business in the State of Georgia and the City of Atlanta, and has continuously had at least 15 employees .
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5 . At all relevant times, RaceTrac 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 30 days prior to the institution of this lawsuit, Ms . Paul filed his charge with the Commission alleging violations of Title VII by Defendant, RaceTrac . All conditions precedent to the institution of this lawsuit have been fulfilled . 7 . Ms . Paul is a Rastafarian . As a Rastafarian, she believes that she must wear a turban head wrap and her hair in long knots called dreadlocks to comply with her religious beliefs and practices . Based on her religious beliefs and practices, Ms . Paul wore her head wrap and dreadlock hair style while employed at RaceTrac . 8 . Since at least September 9, 2002, Defendant RaceTrac has engaged in unlawful employment practices in violation of § 703(a) of Title VII, 42 U .S .C. § 2s)OOe-2 . These practices include Defendant's failure to accommodate the religious practices of Ms . Dian Paul, and discharging Ms . Dian Paul because of her religion and her need for a religious accommodation .
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9. Since on or about September 16, 2002, Defendant, RaceTrac has also engaged in unlawful employment practices in violation of § 704(a) of Title VII, 42 U.S .C . section 2000e-3(a) by suspending and discharging Ms . Dian Paul in retaliation for engaging in activity protected under Title VII, including her opposition to Defendant RaceTrac's failure to accommodate her religious beliefs and practices of wearing the head wrap and dreadlock hairstyle .
10 . The effects of the practices complained of in paragraphs 8 and 9 above have been to deprive Ms, Dian Paul of equal employment opportunities and other wise adversely affect her status as an employee because of her sincerely held religious beliefs and practices, and because she engaged in activity protected by Title VII including opposing unlawful employment practices protected by Title VII .
11 . The unlawful employment practice complained of in paragraphs 8 and 9 above were carried out with malice and/or reckless indifference to the federally protected rights of Ms . Paul.
PRAYER FOR RELIEF Wherefore, the Commission respectfully requests that this Court : A. Grant a permanent injunction enjoining Defendant, its officers, successors, assigns and all other persons in active concert or participation with it,
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from engaging in employment practices which discriminate on the basis of religion .
B. Order Defendant to institute and carry out policies, practices, and programs which provide equal employment opportunities for Rastafarians, and which eradicate the effects of its past and present unlawful employment practices .
C. Order Defendant to make whole Ms . Dian Paul, who was adversely affected by Defendant's discriminatory conduct, by providing appropriate back pay with prejudgement interest, in amounts to be determined at trial, and other affirmative relief necessary to eradicate the effects of its unlawful employment practices, including but not limited to the reinstatement of Ms . Paul and/or an award of front pay .
D. Order Defendant to make whole Ms . Paul by providing compensation for past and future pecuniary losses resulting from the unlawful employment practices described above, including job search expenses, in amounts to be determined at trial .
E. Order Defendant to make and preserve all records, in accordance with the provisions of Section 709(c) of Title VII, 42 U .S.C. § 2000e-8(c), relevant to the determination of whether unlawful employment practices have been or are being committed.
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F . Order Defendant to make whole Ms . Paul by providing compensation for non-pecuniary losses resulting from the unlawful employment practices described above, including emotional pain and suffering, inconvenience, loss of enjoyment of life, anxiety, stress, depression, and humiliation, in amounts to be determined at trial .
G. Order Defendant to pay to Ms . Paul punitive damages for Defendant's malicious and reckless conduct described above, in amounts to be determined at trial .
H. Grant such further relief as the Court deems necessary and proper . L Award the Commission its costs in 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 CO MMISSION JAMES LEE Deputy General Counsel GWEND OLYN YOUNG REAMS Associate General Counsel (Signatures continued on next page)
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01 RALD S . KIEL Acting Regional Attorney
Georgia Bar No . : 417300

S . Robert Royal Senior Trial Attorney Georgia Bar No . : 617505

AP-AMELA

ALF

IX
D-GE G

Trial Attorney

Louisiana Bar No. : 16784

U.S . Equal Employment Opportunity Commission Atlanta District Office 100 Alabama St ., SW, Suite 4R30 Atlanta, Georgia 30303 Telephone : (404) 562-6812 Facsimile : (404) 562-6905

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 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF GEORGIA
ATLANTA DIVISION

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff, v. RACETRAC PETROLEUM, INC.,
Defendant.

CIVIL ACTION FILE NO. 1:06-CV-0761-CC

ORDER Pending before the court is Baht Tziyon’s third-party motion [Doc. 6] to intervene as a party plaintiff pursuant to Fed. R. Civ. P. 24(a) and motion [Doc. 7] for an extension of time to file her certificate of interested persons (“CIP”) and joint planning report (“JPR&DS”). Plaintiff Equal Employment Opportunity Commission (“EEOC”) and Defendant Racetrac Petroleum, Inc. (“Racetrac”) do not oppose the motions. [Doc. 9 at 2 n. 1]. For good cause shown, the court GRANTS the motion [Doc. 6] to intervene and GRANTS the motion [Doc. 7] for an extension of time for Tziyon to file her CIP and JPR&DS up to and including July 26, 2006. The court will issue a scheduling

order incorporating the information contained in both planning reports.1 SO ORDERED, this 18th day of July, 2006.
1If the parties determine that an adjustment of the discovery period should be made due to the intervention of Tziyon in the case, that information should be included in the appropriate space on the JPR&DS filed on July 26, 2006.
2

 
 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF GEORGIA
ATLANTA DIVISION

EQUAL EMPLOYMENT OPPORTUNITY

COMMISSION,

:

:

Plaintiff,

:

:

vs.

:

:

RACETRAC PETROLEUM, INC.,

:

:

Defendant.

:

______________________________:

CIVIL ACTION NO. 1:06-CV-0761-CC

NOTICE OF SETTLEMENT

Comes Now, Plaintiff Baht Tziyon, and advises the

court that this case has been settled. A Consent Order

terminating the case will be filed by the parties. This 22nd day of November, 2006.

Respectfully submitted,

By: s/ Stephen M. Katz STEPHEN M. KATZ Ga.Bar No. 409065
284 Village Parkway Marietta, Georgia 30067-4062 Telephone: 404.848.9658 Facsimile: 404.848.9904

CERTIFICATE OF SERVICE This is to certify that I have this date served upon all counsel of record the foregoing ENTRY OF APPEARANCE by electronically filing the document and all attachments thereto, if any, with the Clerk of the United States District Court for the Northern District of Georgia using the CM/ECF system which will automatically send e-mail notification of such filing to the attorneys and/or other individuals listed below. Unless otherwise indicated below, undersigned counsel has not provided copies of the above pleading other than the CM/ECF system. □ United States Mail . By depositing same in the United States Mail in an envelope properly addressed, with sufficient postage thereon to all counsel of record;
□ Overnight Delivery. By depositing the pleading with an overnight delivery service in an overnight envelope, properly addressed, charges prepaid;
□ Hand Delivery. By sending the pleading via courier;
□ Facsimile. By transmitting the pleading to the via facsimile, to opposing counsel as indicated below;
□ E-Mail. By transmitting the pleading via e-mail to the following e-mail addresses.

■ None.

The document set forth above was

delivered to all counsel of record solely by the CM/ECF

electronic filing system.

S. Robert Royal, Esq. Pamela A. Alfred-George, Esq. United States Equal Employment
Opportunity Commission Suite 4R30
100 Alabama Street Atlanta, Georgia 30303 Facsimile: 404.562.6905

Joseph Shelton, Esq. Robyn W. Farmer, Esq. Attorneys for Defendant Racetrac Petroleum, Inc. Fisher & Phillips LLP
Suite 1500 945 East Paces Ferry Road.
Atlanta, Georgia 30327 Facsimile: 404.240.4249

284 Village Parkway Marietta, Georgia 30067-4062 Telephone: 404.848.9658 Facsimile: 404.848.9904 Email: smkatz@smk-law.com

s/ Stephen M. Katz Georgia Bar No. 409065

 
 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF GEORGIA
ATLANTA DIVISION

EQUAL EMPLOYMENT

:

OPPORTUNITY COMMISSION,

:

:

Plaintiff,

:

:

and

:

:

BAHT TZIYON,

:

:

Plaintiff-Intervenor,

:

:

vs.

:

:

RACETRAC PETROLEUM, INC.

:

:

Defendant.

:

:

Civil Action No. 1:06-CV-0761
JURY TRIAL DEMANDED

CONSENT DECREE

This action was instituted by the Equal Employment Opportunity

Commission (hereinafter, the "Commission") against Defendant RaceTrac

Petroleum Inc. (hereinafter the "Defendant") pursuant to Section 706(f)(a) and (3)

of Title VII of the Civil Rights Act of 1964, as amended 42 U.S.C. § 2000e et seq.

(hereinafter referred to as "Title VII") and the Civil Rights Act of 1991, 42 U.S.C.

§ 1981(a) to remedy the alleged wrongful employment practices identified in the

Complaint filed in this action.

This Court has jurisdiction of the subject matter of this action and of the parties to this action.
The Commission alleged in the foregoing civil action that the Defendant acted unlawfully by subjecting Plaintiff-Intervenor, Baht Tziyon (formerly known as Dian Paul), to discrimination based upon her religion and retaliation in violation of Title VII. In its Complaint, the Commission sought to make whole Ms. Tziyon seeking relief including, but not limited to, back pay relief with interest, compensatory and punitive damages, and injunctive and other affirmative relief.
The Defendant filed its Answer denying the allegations made by the Commission. Defendant disputes and denies any liability to the Commission and/or Ms. Tziyon. This agreement is not to be deemed or construed to be an admission of liability or wrongdoing by Defendant but constitutes the good faith settlement of a disputed claim.
The parties to this action desire to avoid the additional expense, and delay which would result from the continuance of this litigation and desire to formulate a plan to be embodied in a Consent Decree which will promote and effectuate the purposes of Title VII.
This Court has reviewed the term s of the proposed Consent Decree in light of the ple adings and the appl icable law and regul ations, and has approved this
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Consent Decree as one whic h will prom ote and effectuate the purposes of Title VII.
Now, therefore, this Court, being ful ly advised in t he premises, it is hereby ORDERED, ADJUDGED AND DECREED:
I. DISCLAIMER OF VIOLATION It is understood and agreed that the negotiation, execution and entry of this Consent Decree, and the undertakings made by Defendant hereunder, are in settlement and compromise of a disputed claim of alleged religious discrimination and retaliation, the validity of which Defendant denies. Neither the negotiation, execution nor entry of this Consent Decree shall constitute an acknowledgment or admission of any kind by the Defendant that its officers, agents or employees have violated or have not been in compliance with Title VII or any rules and regulations issued under or pursuant to Title VII or any other applicable law, regulation or order.
II. NON-DISCRIMINATION AND NON-RETALIATION Defendant shall not discriminate against any employee or affected group member in any aspect of employment on the basis of religion and shall not retaliate against Tziyon or any person because that person is a beneficiary of the Consent Decree,
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or has provided information or assistance, or has participated in any other manner in any investigation or proceeding relating to this Consent Decree. Defendant, to ensure equal opportunity in the employment process, shall make all decisions affecting hiring, promotion, compensation, job assignment, sick and disability leave, discharge and other terms, conditions and privileges of employment, without regard to race, color, sex, religion or national origin. The Defendant shall not retaliate or take any adverse action against any other persons in the future because of their opposition to practices they believe are in violation of Title VII or because of their participation in the investigation of the charge or prosecution of this litigation.
III. NOTICES TO BE POSTED: INSTRUCTION TO MANAGEMENT Pursuant to Section 711 of Title VII, Defendant shall keep posted the Notice
attached hereto as Exhibit A for twenty -four (24) m onths immediately followin g the entry of this Decree . The posting requi red by th is paragraph shall be conspicuously made on bulletin boards or locations at the Georgia Regional Store Support Center in a manner so that empl oyees will observe at least one such posting when at the Georgia Regional St ore Support Center. Defendant shall certify the com pletion of the posting to th e Commission within thirty (30) da ys
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from the entry of this Consent Decree. All written certifica tion required by this Section shall be addressed to Robert Dawkins, Regional Attorney, Atlanta District Office, 100 Alabama Street, Suite 4R30, Atlanta, Georgia 30303.
Defendant shall not withhold the right of the Commission to enter upon Defendant’s premises, with reasonable notice, to monitor compliance with this Section. Should the Notice become defaced, marred, or otherwise unreadable, Defendant shall ensure that a new, readable copy of the Notice is posted in the same manner as heretofore specified.
IV. INSTRUCTION TO MANAGEMENT Within thirty (30) days from the en try of t his Decree, Defendant shall certify, in writing, to the EEOC that a ll Human Resources senior vice president s, vice presidents, executive directors, directors, managers, and supervisors employed at Defendant’s Store Support Center, all Hum an Resources field personnel employed in Defendant’s Georgia m arket, and all field managem ent (operations) employees for the Georgia region have been instructed as to the ter ms of this Consent Decree (other than the m onetary amount of the sett lement), and the full meaning of the provisions of the Notice to be posted, and that Defendant has reaffirmed with these employees that em ployment decisions are not to be m ade on
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any basis that is prohibite d by Title VII. All written certification required by this Section shall be addressed t o the Regi onal Attorney Robert Dawkins, at the EEOC’s Atlanta District Office at the above-referenced address.
V. TRAINING The Defendant shall at l east once duri ng the term of this Consent Decree hold a training session in an appropriate location for all Human Resources senior vice presidents, vice presid ents, executive directors, directors, managers, and supervisors employed at Defendant’s Store Support Center, all Human Resources field personnel employed in Defendant ’s Georgia market, and all field management (operations) employees for the Georgia region. Said training session shall address the Defendant ’s and its em ployees’ equal employm ent opportunity obligations under Title VII, including , but not lim ited to, the Defendant’s obligations to com ply with Title V II, specifically regarding religious discrimination and retaliation. The Defendant shall provide written certification to the Comm ission of the completion of this training within thirty (30) days after the training. The certification shall include the name(s) and qualifications of the person(s) providing instruction, names and job titles of attend ees, length of training, training topics,
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and any other pertinent in formation about the traini ng, including any written

materials that were utilized as part of the training.

All written certification required by this Section V of the Consent Decree

shall be addressed and forwarded to

Robert Dawkins, Regional Attorne y

(hereinafter the “Regional Attorney”), Atlanta District Office, 100 Alabama Street,

Suite 4R30, Atlanta, Georgia 30303.

VI. REPORTING REQUIREMENT Every six m onths during t he duration of this Consent Decr ee, Defendant shall certify in w ritten affidavit form to the Regional Attorney of the Commission’s Atlanta District Office whether Defendant has received any complaints of religious discrimination/retaliation through its Professional Conduct Hotline from any employees of Defendant’s stores within the Georgia region. If an employee has so complained, then the summary report shall state the following: (a) The date of the complaint or report, (b) The name of the person making the complaint or report, (c) The n ame and title of the p erson against whom the co mplaint or report was made, (d) The nature of the complaint or report,
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(e) The name and title of the Defe ndant’s official who received the complaint or report,
(f) What, if any, action was taken by De fendant in response to the complaint or report (e.g. employee discipline), and
(g) An explanation of how Defendant resolved the complaint or report.
VII. CHARGING PARTY'S INDIVIDUAL RELIEF: MONETARY RELIEF
Defendant, in settlement of all alleged claims, shall provide Baht Tziyon and her attorney the gross amount of ($125,000.00) in a manner agreed upon by the parties. Defendant shall inform the Regional Attorney in the Atlanta District Office of such payment within (5) working days by sending the Regional Attorney a copy of the relevant check(s). The parties agree that any deductions for tax considerations will be exclusively handled by Ms. Tziyon and her attorney.
VIII. REFERENCES Defendant agrees that if it receives inquiries from persons or prospective employers seeking a reference or ot her employment related information regarding Ms. Tziyon, it shall provide a neutral reference, citing the dates of employment (@ 10/10/01 – 9/25/02) and the positions held (Swi ng Manager and Staffing Coordinator). Defendant will make no mention to persons or prospective
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employers seeking a reference of the f act that Ms. Tziyon filed a charge of discrimination or that the instant lawsuit was filed. Ms. Tziyon agrees that she will direct any such references to the a ttention of D efendant’s Human Resources Manager for the Georgia market. IX. DISCIPLINARY POLICY ON RELIGIOUS DISCRIMINATION AND
RETALIATION Defendant agrees to revise its profe ssional conduct polic y which addresses equal employment opportunity and whic h will prohibit, am ong other things, religious discrimination and retaliation and provide for disciplinary action against violators. Defendant agrees that the po licy will specify how com plaints regarding all forms of discrimination and retaliation, including relig ion, should be made and that the policy advises em ployees that Defendant will take prompt remedial action upon receiving such complaints. Defendant agrees to reemphasize this policy to all employees, particularly those who perfo rm in a supervisory or m anagement capacity, and to require all management employees to sign an acknowledgm ent that the policy has been read and understood within thirty (30) days of the effective date of this Decree. Defendant agrees that this policy will b e emphasized to all new hires.
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X. PROCEDURE FOR ENFORCING COMPLIANCE The Commission will attem pt to re solve any dispute regarding the enforcement of this Consent Decree by informal mediation and consultation before seeking enforcement through the judicial process. The Comm ission will notify Defendants in writi ng by certified m ail to Joseph Akers (Corporate Counsel, RACETRAC PETROLEUM, INC., 3225 Cu mberland Boulevard, Suite 100, Atlanta, GA 30339) if it has any reason to believe that any action or om ission by the Defendant is in violation of the Cons ent Decree. Defendant shall have thirty (30) days after the receipt of such notific ation to cure any such alleged deficiency, and to notify the Co mmission, by writte n report addressed to the Regional Attorney for the EEOC’s Atlanta District O ffice, of the measures taken to cure the alleged deficiencies. If upon receipt of Defendant’s report the Commission concludes that the deficiency has not b een satisfactorily cured by the Defendant , the Commission shal l seek to resolve the alleged defi ciency through good faith conciliation or m ediation. If the alleged deficiency is not resolved within thirty (30) days after the initiation of such goo d faith conciliation or mediation process, then the Comm ission may seek enforcement of this Consent Decree th rough the judicial process.
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XI. COMPLIANCE OFFICIAL Defendant has designated Joseph Aker s as a co mpliance official who shall be responsible for compliance with this Consent Decree, and also responsible for coordinating and overseeing Defendant’s compliance with this Consent Decree. XII. TERMS OF DECREE - PERIOD OF JURISDICTION This Consent Decree shall continue to be effective and bi nding upon the parties to this action for a period of twenty-four (24) months immediately following the entry of the Decree, provided that all remedial benefits required hereby have been received or offered prior to its expi ration and provided further, that all required reports and certifications are submitted at least thirty (30) days before the expiration date of the Consent Decree. If required reports are not submitted within thirty (30) days of the e xpiration date or if th e remedial benefits are not re ceived or offered, the Consen t Decree will be automatically extended until these provisions are completed. This Court shall retain jurisdiction over this action for the purposes of clarifying and enforcing this Consent De cree and for any other appropriate or equitable purposes for twenty-four m onths (24) months from the date of entry of this Consent Decree, unless the Court act s or the Commission has, prior to the
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expiration of said t wenty-four (24) m onth period, m oved to enforce com pliance with the Consent Decree. If this Co urt acts or the Commission has m oved to enforce compliance with this Consent Decree within this period, this Court shall retain jurisdiction of this action until all issues relating to all such m otions which are made during t he twenty-four m onth (24) month period have been resolved. Thereafter, this Court shall dissolve this Consent Decree and shall dismiss this cause with prejudice.
XIII. OTHER ACTIONS The Commission shall not commence or prosecute against Defendant any action or other proceeding based upon any clai ms, demands, causes of action, obligations, damages or liabilities which arise out of EEOC Charge Num ber 1102002-04527, investigation of th e charge, or this la wsuit. This Consent Decree in no way affects the EEOC’s right to process any pending or future charges that may be filed against Defendant or its owne rs in accordance with standard EEOC procedures, and to commence civil actions pursuant to Section 706(f) of Title VII on any such charge. Nothing in this Cons ent Decree shall be construed to lim it or reduce Defendant’s obligation to fully c omply with Title VII of the Civil Rights Act of 1964, as amended; the Equal Pa y Act of 1963, as am ended; the Age
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Discrimination in Em ployment Act of 1967, as amended; the Am ericans with Disabilities Act of 1990; or the regulations promulgated pursuant thereto. Nothing herein shall preclude the EEOC from bringing an action to enforce the provision s of this Consent Decree.
XIV. COSTS AND ATTORNEY FEES The Commission and Defendant shall each bear their own respective costs and attorneys fees for this action. The parties hereto and undersigned attorneys of record for the Commission and Defendant in the above-styled action hereby consent to the entry of the foregoing Consent Decree.
Respectfully submitted,

BY CONSENT:
Counsel for Plaintiff: Robert
Michigan

s/Robert Dawkins, Esq. Dawkins, Esq.
Regional Attorney Bar No. P-38289
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100 Atlanta, (404)
Louisiana
100 Atlanta, (404)
Counsel for Plaintiff-Intervenor: Georgia 284 Marietta, (404) Email:

Equal Employment Opportunity Commission Atlanta District Office
Alabama Street, SW Suite 4R30
Georgia 30303 562-6818 Email:robert.dawkins@eeoc.gov
s/Pamela Alfred-George Pamela Alfred-George Trial Attorney
Bar No.16784 Equal Employment Opportunity Commission Atlanta District Office
Alabama Street, SW Suite 4R30
Georgia 30303 562-6817 Email:pamela.alfred-eorge@eeoc.gov
s/Stephen M. Katz, Esq. Stephen M. Katz, Esq.
Bar No. 409065 Law Offices of Stephen M. Katz
Village Parkway, N.E. Georgia 30067
848-9658 smkatz@smk-law.com

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Counsel for Defendant:

s/

Joseph P. Shelton, Esq.

Joseph

P. Shelton, Esq.

Georgia

Bar No. 767667

Fisher & Phillips

1500

Resurgens Plaza

Atlanta,

Georgia 30303

(404)

240-4259

Email:jshelton@laborlawyers.com

APPROVED, DONE, and SIGNED this 21st day of February, 2007.

District U.S. Northern

s/ CLARENCE COOPER
Judge District Court of Georgia
District of Georgia, Atlanta Division

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NOTICE 1. This notice to all employees of RaceTrac Petroleum, Inc (hereinafter
“RaceTrac”) is being posted as part of the remedy agreed to between RacerTrac and the Equal Employment Opportunity Commission in a consent decree filed in the United States Federal District Court, Atlanta, Georgia (Case No. 1:06-CV-0761). 2. Federal Law requires, in general, that there be no discrimination against any employee or applicant for employment because of the person's race, color, religion, sex, pregnant condition, national origin, disability or age with respect to hiring, firing, compensation or other terms, conditions or privileges of employment. 3. RaceTrac supports and will comply with such Federal Law in all respects and will not take any action against employees because of their religion, religious beliefs and/or religious practices or because they have exercised their rights under the law. 4. RaceTrac has taken and will continue to take such remedial action as is required by the consent order entered by the United States District Court.
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5. This notice will remain posted for twenty-four months (24) months, until November, 2008.
Signed this ______ day of ___________, 2007.

____________

_______________________ RaceTrac Petroleum Inc.

DO NOT REMOVE THIS NOTICE UNTIL

Novem

ber 2008

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4months, CLOSED, TitleVII
U.S. District Court Northern District of Georgia (Atlanta) CIVIL DOCKET FOR CASE #: 1:06-cv-00761-CC

Equal Employment Opportunity Commission v. Racetrac Petroleum, Inc. Assigned to: Judge Clarence Cooper Cause: 42:2000e Job Discrimination (religion)

Date Filed: 03/31/2006 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 Gerald S. Kiel Equal Employment Opportunity Commission Baltimore Field Office 10 South Howard Street 3rd Floor Baltimore, MD 21201 410-962-4061 Fax: 410-962-4270 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Pamela A Alfred-George U.S. Equal Employment Oppprtunity Commission 100 Alabama Street S.W. Suite 4R30 Atlanta, GA 30303 404-562-6817 Email: pamela.alfred-george@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

S. Robert Royal Equal Employment Opportunity Commission Atlanta District Office-Legal Unit 100 Alabama Street, S.W. 4R30 Atlanta Federal Center Atlanta, GA 30303-8704 404-562-6820 Email: stan.royal@eeoc.gov LEAD ATTORNEY

Intervenor Plaintiff

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Baht Tziyon
V. Defendant Racetrac Petroleum, Inc.

represented by Stephen M. Katz Law Offices of Stephen M. Katz 284 Village Parkway, NE Marietta, GA 30067 404-848-9658 Fax: 404-848-9904 Email: smkatz@smk-law.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Joseph P. Shelton Fisher & Phillips 945 East Paces Ferry Road 1500 Resurgens Plaza Atlanta, GA 30326-1125 404-240-4259 Email: JSHELTON@LABORLAWYERS.COM LEAD ATTORNEY ATTORNEY TO BE NOTICED
Robyn Wilensky Farmer Fisher & Phillips 945 East Paces Ferry Road 1500 Resurgens Plaza Atlanta, GA 30326-1125 404-231-1400 Email: rfarmer@pogolaw.com ATTORNEY TO BE NOTICED

Date Filed 03/31/2006
03/31/2006 06/16/2006

#

Docket Text

1 COMPLAINT with Jury Demand filed, filed by Equal Employment Opportunity Commission. (Attachments: # 1 Civil Cover Sheet)(vs) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. (Entered: 04/03/2006)
CASE REFERRED to Magistrate Judge Janet F. King. (vs) (Entered: 04/03/2006)
2 ANSWER to Complaint by Racetrac Petroleum, Inc.. Discovery ends on 11/13/2006.(Farmer, Robyn) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. (Entered: 06/16/2006)

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06/16/2006 06/16/2006 06/16/2006 07/13/2006 07/17/2006 07/17/2006 07/17/2006
07/17/2006 07/18/2006
07/19/2006 07/20/2006 07/20/2006
07/25/2006 07/25/2006 07/25/2006 07/25/2006
07/26/2006

3 NOTICE of Appearance by Joseph P. Shelton on behalf of Racetrac Petroleum, Inc. (Shelton, Joseph) (Entered: 06/16/2006)
4 NOTICE of Appearance by Robyn Wilensky Farmer on behalf of Racetrac Petroleum, Inc. (Farmer, Robyn) (Entered: 06/16/2006)
5 Guidelines for Discovery and Motion Practice Signed by Judge Janet F. King on 6/16/06. (vs) (Entered: 06/19/2006)
6 Third Party MOTION to Intervene by Baht Tziyon f/k/a Dian Paul. (Katz, Stephen) (Entered: 07/13/2006)
7 MOTION for Extension of Time File Certificate of Interested Persons and Planning Report by Baht Tziyon. (Katz, Stephen) (Entered: 07/17/2006)
8 NOTICE of Appearance by Stephen M. Katz on behalf of Baht Tziyon (Katz, Stephen) (Entered: 07/17/2006)
9 Joint PRELIMINARY REPORT AND DISCOVERY SCHEDULE filed by Equal Employment Opportunity Commission, Racetrac Petroleum, Inc.. (Shelton, Joseph) (Entered: 07/17/2006)
10 Certificate of Interested Persons by Equal Employment Opportunity Commission, Racetrac Petroleum, Inc.. (Shelton, Joseph) (Entered: 07/17/2006)
11 ORDER granting 6 Motion to Intervene, granting 7 Motion for Extension of Time up and including 7/26/06, for Tziyon to file Certificate of Interested Persons and Joint Planning Report. The Court will issue a scheduling order imcorporating the information contained in both planning reports. Signed by Judge Janet F. King on 7/18/06. (vs) (Entered: 07/18/2006)
12 NOTICE Of Change of Address by Baht Tziyon (Katz, Stephen) Modified on 7/21/2006 (vs). (Entered: 07/19/2006)
13 Initial Disclosures by Racetrac Petroleum, Inc..(Farmer, Robyn) (Entered: 07/20/2006)
14 CERTIFICATE OF SERVICE Confirming Service of Discovery Requests by Racetrac Petroleum, Inc..(Shelton, Joseph) Modified on 7/25/2006 to correct text (vs). (Entered: 07/20/2006)
15 NOTICE by Baht Tziyon Regarding Joint Preliminary Planning Report and Scheduling Order (Katz, Stephen) (Entered: 07/25/2006)
16 Certificate of Interested Persons by Baht Tziyon. (Katz, Stephen) (Entered: 07/25/2006)
17 Initial Disclosures by Equal Employment Opportunity Commission.(Alfred-George, Pamela) (Entered: 07/25/2006)
18 Certificate of Service re Plaintiff's Initial Disclosures by Equal Employment Opportunity Commission.(Alfred-George, Pamela) Modified on 7/26/2006 to correct text to accurately reflect document filed(vs). (Entered: 07/25/2006)
Notification of Docket Correction re 18 Initial Disclosures. (Docket text change to "Certificate of Service", to accurately reflect document filed) (vs) (Entered:

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07/27/2006
07/27/2006
08/01/2006 08/09/2006 08/25/2006 08/25/2006 08/28/2006 08/28/2006 09/08/2006 09/15/2006 09/15/2006 09/22/2006 09/22/2006 09/22/2006 09/22/2006 09/28/2006 10/20/2006 11/01/2006

07/26/2006)
19 SCHEDULING ORDER: Discovery ends on 11/13/2006. Summary Judgment Motion due by 12/4/2006. If no Summary Judgment Motion, then the Proposed Pretrial Order due by 12/14/2006. Signed by Judge Janet F. King on 7/27/06. (lwc) (Entered: 07/27/2006)
Clerks Notation re 16 Certificate of Interested Persons, 10 Certificate of Interested Persons READ and APPROVED by Magistrate Judge Janet F. King. (lwc) (Entered: 07/27/2006)
20 Initial Disclosures by Baht Tziyon.(Katz, Stephen) (Entered: 08/01/2006)
21 Amended Initial Disclosures by Baht Tziyon.(Katz, Stephen) (Entered: 08/09/2006)
22 CERTIFICATE OF SERVICE filed by Equal Employment Opportunity Commission (Alfred-George, Pamela) (Entered: 08/25/2006)
23 CERTIFICATE OF SERVICE filed by Equal Employment Opportunity Commission (Alfred-George, Pamela) (Entered: 08/25/2006)
24 CERTIFICATE OF SERVICE filed by Equal Employment Opportunity Commission (Alfred-George, Pamela) (Entered: 08/28/2006)
25 CERTIFICATE OF SERVICE filed by Equal Employment Opportunity Commission (Alfred-George, Pamela) (Entered: 08/28/2006)
26 NOTICE by Racetrac Petroleum, Inc. Of Service of Subpoenas (Shelton, Joseph) (Entered: 09/08/2006)
27 CERTIFICATE OF SERVICE filed by Equal Employment Opportunity Commission (Alfred-George, Pamela) (Entered: 09/15/2006)
28 CERTIFICATE OF SERVICE filed by Equal Employment Opportunity Commission (Alfred-George, Pamela) (Entered: 09/15/2006)
29 CERTIFICATE OF SERVICE filed by Equal Employment Opportunity Commission (Alfred-George, Pamela) (Entered: 09/22/2006)
30 CERTIFICATE OF SERVICE filed by Equal Employment Opportunity Commission (Alfred-George, Pamela) (Entered: 09/22/2006)
31 CERTIFICATE OF SERVICE filed by Equal Employment Opportunity Commission (Alfred-George, Pamela) (Entered: 09/22/2006)
32 CERTIFICATE OF SERVICE filed by Equal Employment Opportunity Commission (Alfred-George, Pamela) (Entered: 09/22/2006)
33 NOTICE to Take Deposition of Julie Lamy filed by Baht Tziyon (Katz, Stephen) (Entered: 09/28/2006)
34 CERTIFICATE OF SERVICE filed by Equal Employment Opportunity Commission (Alfred-George, Pamela) (Entered: 10/20/2006)
35 NOTICE to Take Deposition of Tanya Aikens filed by Baht Tziyon, Equal Employment Opportunity Commission (Katz, Stephen) (Entered: 11/01/2006)

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11/01/2006 11/01/2006 11/08/2006
11/08/2006
11/15/2006
11/22/2006 01/05/2007 01/19/2007 01/22/2007
01/24/2007 02/09/2007 02/12/2007 02/21/2007 02/21/2007

36 NOTICE to Take Deposition of Alison Moran filed by Baht Tziyon, Equal Employment Opportunity Commission (Katz, Stephen) (Entered: 11/01/2006)
37 NOTICE to Take Deposition of Rebekah Calhoun filed by Baht Tziyon, Equal Employment Opportunity Commission (Katz, Stephen) (Entered: 11/01/2006)
38 Joint MOTION for Extension of Time to Complete Discovery by Baht Tziyon, Equal Employment Opportunity Commission, Racetrac Petroleum, Inc.. (Attachments: # 1 Text of Proposed Order Order Extending Discovery)(Katz, Stephen) (Entered: 11/08/2006)
39 ORDER granting 38 Motion for Extension of Time to Complete Discovery Discovery ends on 12/28/2006. Signed by Judge Janet F. King on 11/8/06. (vs) Modified on 11/15/2006 to correct discovery date (vs). (Entered: 11/09/2006)
Set/Reset Scheduling Order Deadlines: Discovery ends on 12/28/2006. Motions due by 1/18/2007. Proposed Pretrial Order due by 1/29/2007. (vs) (Entered: 11/15/2006)
40 NOTICE of Settlement by Baht Tziyon (Katz, Stephen) (Entered: 11/22/2006)
41 NOTICE to Parties Regarding Summary Judgment Motions Signed by Judge Janet F. King on 1/5/07. (lwc) (Entered: 01/05/2007)
42 PROPOSED CONSENT ORDER CONSENT DECREE. (Alfred-George, Pamela) (Entered: 01/19/2007)
NOTICE of Undeliverable Electronic Mail re: 42 Proposed Consent Order. Mail returned for S. Robert Royal due to no longer employed with the agency. (aar) (Entered: 01/22/2007)
43 PROPOSED CONSENT ORDER consent decree. (Alfred-George, Pamela) (Entered: 01/24/2007)
44 PROPOSED CONSENT ORDER. (Alfred-George, Pamela) (Entered: 02/09/2007)
Submission of 44 Proposed Consent Order, submitted to District Judge Clarence Cooper. (vs) (Entered: 02/12/2007)
45 CONSENT DECREE by all parties Signed by Judge Clarence Cooper on 2/21/07. (vs) (Entered: 02/21/2007)
Civil Case Terminated. Judge Janet F. King terminated from case. (vs) (Entered: 02/21/2007)

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