·f Case 1:05-cv-00896-WKW-VPM Document 1 Filed 09/20/2005 Page 1 of 5

IN THE UNITED STATES DISTRICT COURT lOOS SEP 20 A 10: I b
FOR THE MIDDLE DISTRICT OF ALABAMA SOUTHERN DIVISION

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EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff, vs. FACTORY CONNECTION, LLC
Defendant.

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I . CIVIL ACTION # /I~ . I J (7). ~
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COMPLAINT

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JURY TRIAL DEMAND

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NATURE OF THE ACTION

This is an action under Title VII of the Civil Rights Act of 1964 and Title I of the Civil

Rights Act of 1991 to correct unlawful employment practices on the basis of race and to provide

appropriate relief to Mattie Lois Wright who was adversely affected by such practices. As alleged

with greater particularity in paragraph 7 below, the Defendant Employer discriminated against

Mattie Lois Wright on the basis of her race by failing to promote her to a Store Manager position.

JURISDICTION AND VENUE

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

1343 and 1345. This action is authorized and instituted pursuant to Sections 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 (3) ("Title

VII") and Section 102 of the Civil Rights Act of 1991,42 U.S.C. § 1981a.

2. The employment practices alleged to be unlawful were committed within the

jurisdiction of the United States District Court for the Middle District of Alabama Southern

Case 1:05-cv-00896-WKW-VPM Document 1 Filed 09/20/2005 Page 2 of 5
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 706(f)(1) and (3) of Title VII, 42 U.S.C. § 2000e-5(f)(I) and (3).
4. At all relevant times, Defendant, Factory Connection, LLC (the "Employer"), has continuously been a Delaware corporation doing business in the State of Alabama and the City of Elba, 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, Mattie Lois Wright filed a charge with the Commission alleging violations of Title VII by Defendant Employer. All conditions precedent to the institution of this lawsuit have been fulfilled. 7. On or about February 3,2004 Defendant Employer engaged in unlawful employment practices at its Elba, Alabama facility, in violation of Section 703(a)(I) of Title VII, 42 U.S.C. § 2000e-2(a)(1). In particular, Ms. Mattie Lois Wright, a Black female applied for a promotion to a Store Manager position which was open at Defendant Employer's Elba, Alabama location. At the time that she applied, Ms. Wright was employed as a Relief Manager at

Case 1:05-cv-00896-WKW-VPM Document 1 Filed 09/20/2005 Page 3 of 5
Defendant Employer's Elba, Alabama location and she was qualified for the Store Manager position which she sought. The Defendant Employer refused to promote Ms. Wright to the position and instead hired a lesser qualified White female to fill the position.
8. The effect of the practices complained of in paragraph 7 above has been to deprive Mattie Lois Wright of equal employment opportunities and otherwise adversely affect her status as an employee, because of her race.
9. The unlawful employment practices complained of in paragraph 7 above were intentional.
10. The unlawful employment practices complained of in paragraph 7 above were done with malice or with reckless indifference to the federally protected rights of Mattie Lois Wright.
PRAYER FOR RELIEF Wherefore, the Commission respectfully requests that this Court: A. Grant a permanent injunction enjoining Defendant Employer, its officers, successors, assigns, and all persons in active concert or participation with it, from engaging in any employment practice which discriminates on the basis of race. B. Order Defendant Employer to institute and carry out policies, practices, and programs which provide equal employment opportunities for Black Americans and which eradicate the effects of its past and present unlawful employment practices. C. Order Defendant Employer to make whole Mattie Lois Wright by providing appropriate backpay with prejudgment interest, in amounts to be determined at trial, and other

Case 1:05-cv-00896-WKW-VPM Document 1 Filed 09/20/2005 Page 4 of 5
affirmative relief necessary to eradicate the effects of its unlawful employment practices. D. Order Defendant Employer to make whole Mattie Lois Wright by providing
compensation for past and future pecuniary losses resulting from the unlawful employment practices described in paragraph 7 above in amounts to be determined at trial.
E. Order Defendant Employer to make whole Mattie Lois Wright by providing compensation for past and future nonpecuniary losses resulting from the unlawful practices complained of in paragraph 7 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 Mattie Lois Wright punitive damages for its malicious and reckless conduct described in paragraph 7 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. JURY TRIAL DEMAND
The Commission requests a jury trial on all questions of fact raised by its complaint.
Respectfully submitted, JAMES L. LEE Deputy General Counsel GWENDOLYN YOUNG REAMS Associate General Counsel EQUAL EMPLOYMENT OPPORTUNITY

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COMMISSION 1801 "L" Street, Northwest Washington, DC 20507
J.MARK GRAHAM (LA 06216)
Senl: otI Tn.al Attorney EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Birmingham District Office Ridge Park Place, Suite 2000 1130 22nd Street South Birmingham, AL 35205 Telephone: (205) 212-2054

 
 Case 1:05-cv-00896-WKW-VPM Document 13 Filed 11/13/2006 Page 1 of 7

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF ALABAMA
SOUTHERN DIVISION

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff, vs. FACTORY CONNECTION, LLC
Defendant.

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Case No. l:05-CV-896-WKW

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ORDER ON CONSENT DECREE I. GENERAL PROVISIONS
Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e et seq. (Title VII) guarantees protected workers that they will be free from employment discrimination on the basis of race, color, religion, sex, or national origin. Mattie Lois Wright filed a charge of discrimination alleging that Factory Connection, LLC, (hereinafter, “Factory Connection”) discriminated against her in violation of Title VII because of her race, Black. On September 20, 2005, the Equal Employment Opportunity Commission (hereinafter “EEOC”) filed suit in this Court against Factory Connection. The EEOC alleged that Factory Connection discriminated against Mattie Lois Wright by refusing to promote her because of her race, Black. Factory Connection expressly denies all claims and allegations asserted in the Complaint.
The EEOC and Factory Connection being aware of the risks, uncertainties, and costs of continued litigation, are now desirous of resolving, through this Consent Decree, the claims asserted in the above styled lawsuit.
This Court being fully advised of the premises of this case does hereby Order, Adjudge and Decree as follows:

Case 1:05-cv-00896-WKW-VPM Document 13 Filed 11/13/2006 Page 2 of 7 II. SPECIFIC PROVISIONS
A. This Court has full jurisdiction to decide this controversy as to the EEOC and Factory Connection. The Court has not made any finding that Factory Connection has engaged in the conduct claimed or has unlawfully discriminated against Mattie Lois Wright in any way. This Court expressly retains jurisdiction for the next 24 months for the purpose of ensuring compliance with this Decree and entry of such further orders as may be necessary to effectuate the purposes of this Decree. Twenty-four (24) months after the entry of this Decree, it will expire without further action by the parties or the Court. It is expressly agreed by the parties that the Court shall retain jurisdiction to enforce this Consent Decree. Kokkonen v. Guardian Life Insurance Co. of America, 511 U.S. 375 (1994).
B. Nothing herein shall be deemed to be an admission by Factory Connection that it has at any time, place, or in any manner whatsoever, violated either Title VII or any other statute, rule of law, or legally binding regulation concerning Mattie Lois Wright.
C. This Decree, being entered with the consent of the EEOC and Factory Connection, shall not constitute an adjudication or finding on the merits of the case, nor shall it be used as evidence of a violation of Title VII or other law in any subsequent action by EEOC against Factory Connection, except no party shall be prohibited by this provision from proceeding against any other for noncompliance with any provision of this Decree or any release pursuant to this Decree.
D. This Decree shall fully and finally resolve with prejudice all claims raised in the Complaint, including without limitation the matters alleged in the Charge of Discrimination numbered 130-2004-03413. In addition to the Decree, a separate agreement will be executed between Mattie Lois Wright and Factory Connection. The execution of that agreement is a
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Case 1:05-cv-00896-WKW-VPM Document 13 Filed 11/13/2006 Page 3 of 7 condition precedent to payment by Factory Connection as set forth hereinafter in Paragraph E.
E. Factory Connection shall pay a total of $12,500.00 in full settlement of the claims which are the subject of this lawsuit and Consent Decree. A check in that amount shall be mailed to Mattie Lois Wright by Certified mail within twenty (20) days after the Court approves this Consent Decree, provided that Mattie Lois Wright has provided to Factory Connection the executed release agreed to by her and Factory Connection. Copies of the check and the letter sending payment shall be mailed to J. Mark Graham, Senior Trial Attorney, EEOC, 1130 22nd Street, South, Suite 2000, Birmingham, Alabama, 35205.
F. Factory Connection shall not retaliate against Mattie Lois Wright or any of its former or present employees because such person has filed a Charge of Discrimination, testified, assisted, benefited, or participated in any manner in the investigations, proceedings or hearings in this lawsuit.
G. Factory Connection represents that it has at all times complied with the requirements of Title VII of the Civil Rights Act of 1964, as amended. As part of this resolution, Factory Connection commits to ensure continued compliance with Title VII. To assist in this effort, Factory Connection shall immediately post the notice to employees attached as Exhibit “A” in an area of its Elba facility frequented by all employees on a regular basis.
H. Within sixty (60) days of the entry of this Decree, Factory Connection shall provide training for the employees at its Elba, Alabama, location and for all employees who make hiring recommendations or exercise hiring authority at that location (i.e., its Regional Manager and Area Manager for the Elba store) (hereinafter referred to as “Elba employees”) as follows:
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Case 1:05-cv-00896-WKW-VPM Document 13 Filed 11/13/2006 Page 4 of 7 1. Factory Connection shall provide at least one hour of classroom or other
effective interactive training and education regarding discrimination, including racial discrimination, to the Elba employees who are employed as of the date of entry of this Consent Decree and to all new Elba employees within three (3) months of their initial employment or rehire. Factory Connection shall provide on an annual basis at least one hour of classroom or other effective interactive training and education regarding discrimination, including racial discrimination to all Elba employees for the duration of this Consent Decree.
2. The training and education required by this Consent Decree shall include information and practical guidance regarding the federal statutory provisions concerning the prohibition against and the prevention and correction of discrimination, including racial discrimination. At a minimum, the training shall explain: (1) what constitutes race discrimination; (2) that Title VII prohibits this misconduct; (3) that employees may complain to management if they feel they have been discriminated against; (4) that the evaluation of managers will consider, among other things, enforcement of Factory Connection’s anti-discrimination policies. This training will also include an explanation of Factory Connection’s policies regarding race discrimination. Pursuant to this Decree, Factory Connection will also conduct this specific training on at least two (2) more occasions; the second session will be in months 10-12 of the Decree and the third session will be in months 22- 24 of the Decree.
3. The training and education for employees may be videotaped for review by absent employees and shall also include practical examples aimed at the prevention of workplace harassment, discrimination, and retaliation. The training shall be presented by
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Case 1:05-cv-00896-WKW-VPM Document 13 Filed 11/13/2006 Page 5 of 7 trainers or educators with knowledge and expertise in the prevention of harassment, discrimination, and retaliation. 4. Employees attending the training shall be instructed to sign a registry when they attend the training session or watch a videotape of the training session. Defendant shall keep, for the duration of the Decree, this written record of all employees who attend the training session or watch it on videotape. 5. Factory Connection may add to this training depending on its needs. Nothing in this Consent Decree is intended to prevent training of both supervisory and non-supervisory employees together in appropriate circumstances. 6. The EEOC shall be given at least 15 days advance notice of the date, time, location and substance of this training and shall be permitted to attend and observe the planned training upon giving reasonable notice to Factory Connection. I. Within ninety (90) days of the entry of this Consent Decree, Factory Connection
shall provide the Birmingham District Office of the Equal Employment Opportunity Commission with proof of the action taken to inform and train its personnel as outlined in paragraph H above and thereafter shall supplement the report to include any additional training that occurs for the duration of this Consent Decree. The report(s) will be mailed to Regional Attorney, Birmingham District Office of the Equal Employment Opportunity Commission (EEOC), 1130 22nd Street, South, Suite 2000 Birmingham, Alabama, 35205.
J. Factory Connection shall maintain an anti- discrimination policy and complaint procedure. A copy of that policy and procedure will be posted in the same locations as the notices referred to in paragraph G above. Additionally, an individual copy of the policy and
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Case 1:05-cv-00896-WKW-VPM Document 13 Filed 11/13/2006 Page 6 of 7 procedure shall be made available to all Elba employees.
K. Each party shall bear their own attorney’s fees and costs. The EEOC is not seeking attorney’s fees or costs against Factory Connection. Factory Connection will not seek attorney fees or costs against the EEOC.
L. The parties have agreed that upon entry of this Decree, they will sign a joint motion to dismiss this action, with prejudice, subject to this Decree.
DONE this the 13th day of November, 2006. /s/ W. Keith Watkins
UNITED STATES DISTRICT JUDGE
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Case 1:05-cv-00896-WKW-VPM Document 13 Filed 11/13/2006 Page 7 of 7 Exhibit “A” NOTICE TO EMPLOYEES Federal law requires that there be no discrimination against any employee or applicant for employment because of the individual’s race, color, religion, sex, national origin or age (40 and over) with respect to hiring, promotion, firing, compensation or other terms, conditions or privileges of employment. Factory Connection, LLC strongly supports and will comply with Federal Anti-Discrimination Law in all respects and will not take any action against employees because they have exercised or exercise their rights under the law. Factory Connection, LLC has an anti-discrimination policy and complaint procedure. A copy of that policy and procedure is available to all employees in the company’s office. Factory Connection, LLC
BY: _________________________________________
Its (Official Title)
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 Case 1:05-cv-00896-WKW-VPM Document 15-1 Filed 11/21/2006 Page 1 of 1

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF ALABAMA
SOUTHERN DIVISION

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff, vs. FACTORY CONNECTION, LLC
Defendant.

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FINAL JUDGMENT Upon consideration of the Joint Motion to Dismiss (Doc. # 14-1) filed by the parties on November 13, 2006 it is hereby ORDERED that: 1. This case is DISMISSED with prejudice. 2. Each party will bear its own costs. The Clerk of the Court is DIRECTED to enter this document on the civil docket as a final judgment pursuant to Rule 58 of the Federal Rules of Civil Procedure. DONE this 21st day of November, 2006.
/s/ W. Keith Watkins UNITED STATES DISTRICT JUDGE

 
 CM/ECF - U.S. District Court: ALMD - Docket Report

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U.S. District Court Alabama Middle District (Dothan) CIVIL DOCKET FOR CASE #: 1:05-cv-00896-WKW-VPM

CLOSED

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION v. Factory Connection, LLC Assigned to: Honorable William Keith Watkins Referred to: Honorable Vanzetta P. McPherson Cause: 42:2000 Job Discrimination (Race)

Date Filed: 09/20/2005 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

Plaintiff
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

represented by C. Emanuel Smith Equal Employment Opportunity Commission 1130 22nd Street South Suite 2000 Birmingham, AL 35205-2881 Fax: 205-212-2041 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Charles Edward Guerrier Equal Employment Opportunity Commission 1130 22nd Street South Suite 2000 Birmingham, AL 35205-2881 205-731-2067 Fax: 205-731-1167 Email: charles.guerrier@eeoc.gov TERMINATED: 04/06/2006 LEAD ATTORNEY ATTORNEY TO BE NOTICED

John Mark Graham Equal Employment Opportunity Commission 1130 22nd Street South Suite 2000 Birmingham, AL 35205-2881 205-212-2054 Fax: 205-212-2041 Email: john.graham@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Mildred Byrd

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V. Defendant Factory Connection, LLC

Equal Employment Opportunity Commission 1130 22nd Street South Suite 2000 Birmingham, AL 35205-2881 205-212-2043 Fax: 205-212-2041 Email: Mildred.Byrd@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Brian R. Bostick Ogletree, Deakins, Nash, Smoak & Stewart 1819 5th Avenue North One Federal Place, Suite 1000 Birmingham, AL 35203 205-328-1900 Fax: 328-6000 Email: brian.bostick@odnss.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Gordon L. Blair Ogletree, Deakins, Nash, Smoak & Stewart 1819 5th Avenue North One Federal Place, Suite 1000 Birmingham, AL 35203 205-328-1900 Fax: 328-6000 Email: gordon.blair@odnss.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed 09/20/2005 09/20/2005

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Docket Text

1 COMPLAINT against Factory Connection, LLC , filed by EQUAL EMPLOYMENT OPPORTUNITY COMMISSION.(ajr, ) (Entered: 09/23/2005)
DEMAND for Trial by Jury by EQUAL EMPLOYMENT OPPORTUNITY COMMISSION. (NO PDF ATTACHED - SEE DOC. #1) (ajr, ) (Entered: 09/23/2005)

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09/26/2005
11/08/2005
11/17/2005 11/21/2005 11/22/2005 11/22/2005 01/06/2006 01/10/2006 01/13/2006 04/05/2006 04/05/2006 04/06/2006
04/06/2006 10/10/2006
11/13/2006

2 (VACATED PURSUANT TO 7 ORDER) ORDER REFERRING CASE to Magistrate Judge for action or recommendation on all pretrial matters. Signed by Judge Myron H. Thompson on 9/26/05. (ajr, ) Modified on 1/10/2006 (ajr, ). (Entered: 09/26/2005)
3 REQUEST FOR WAIVER of Service sent to CSC Lawyers Incorporating Srv Inc. as agent for Factory Connection LLC on 09/29/2005 by EQUAL EMPLOYMENT OPPORTUNITY COMMISSION. Waiver of Service due by 11/1/2004. (Graham, John) (Entered: 11/08/2005)
***Attorney Brian R. Bostick for Factory Connection, LLC added. (ajr, ) (Entered: 11/22/2005)
4 WAIVER OF SERVICE Returned Executed by EQUAL EMPLOYMENT OPPORTUNITY COMMISSION. Factory Connection, LLC waiver sent on 9/29/2005, answer due 11/28/2005. (Graham, John) (Entered: 11/21/2005)
5 ANSWER to Complaint by Factory Connection, LLC.(Bostick, Brian) (Entered: 11/22/2005)
***Attorney Gordon L. Blair for Factory Connection, LLC added. (ajr, ) (Entered: 11/23/2005)
6 REPORT of Rule 26(f) Planning Meeting. (Bostick, Brian) (Entered: 01/06/2006)
7 ORDER VACATING 2 Order Referring Case to Magistrate Judge. Signed by Judge Myron H. Thompson on 1/10/06. (ajr, ) (Entered: 01/10/2006)
8 Case reassigned to Judge William Keith Watkins. Judge Myron H. Thompson no longer assigned to the case. (ajr, ) (Entered: 01/13/2006)
9 Ex Parte MOTION to Substitute Attorney by EQUAL EMPLOYMENT OPPORTUNITY COMMISSION. (Attachments: # 1 Exhibit A)(Graham, John) (Entered: 04/05/2006)
***Attorney C. Emanuel Smith for EQUAL EMPLOYMENT OPPORTUNITY COMMISSION added per Doc 9. (ag, ) (Entered: 04/06/2006)
10 ORDER that C. Emanuel Smith, Regional Attorney, be subsituted as counsel of record for the EEOC and that Charles E. Guerrier be withdrawn as counsel of record for the Commission. Signed by Judge William Keith Watkins on 4/6/2006. (ag, ) (Entered: 04/06/2006)
*** Attorney Charles Edward Guerrier terminated per order 10. (ag, ) (Entered: 04/06/2006)
11 Joint MOTION for Order Entering Consent Decree by Factory Connection, LLC and Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit Consent Decree)(Bostick, Brian) Modified on 10/11/2006 add plaintiff as a filer (cb, ). (Entered: 10/10/2006)
12 ORDER granting 11 Joint Motion to Enter Consent Decree; that the consent decree will be entered. Signed by Judge William Keith Watkins on 11/13/2006. (cc, ) (Entered: 11/13/2006)

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11/13/2006 11/21/2006 11/21/2006

13 ORDER ON CONSENT DECREE with Exhibit A, Notice to Employees attached. Signed by Judge William Keith Watkins on 11/13/2006. (cc, ) (Entered: 11/13/2006)
14 Joint MOTION to Dismiss by EQUAL EMPLOYMENT OPPORTUNITY COMMISSION. (Attachments: # 1)(Graham, John) (Entered: 11/21/2006)
15 FINAL JUDGMENT as follows: (1) This case is dismissed with prejudice; and (2) Each party will bear its own costs. The Clerk of the Court is DIRECTED to enter this document on the civil docket as a final judgment pursuant to Rule 58 of the Federal Rules of Civil Procedure. Signed by Judge William Keith Watkins on 11/21/2006. (Attachments: # 1 Civil Appeals Checklist)(cb, ) (Entered: 11/21/2006)

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