Case 1:01-cv-00520-HC Document 1 Filed 07/31/2001 Page 1 of 6

IN THE UNITED STATES DISTRICT COURT~I.s,'r-'rl;!~,r\n;~_!fr'!:tE(R'K~11RT

FOR THE EASTERN DISTRICT OF TEXAS'

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BEAUMONT DIVISION

aI JUL 31 AM II: 08

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff, v. HOUSING AUTHORITY of the CITY OF PORT ARTHUR, TEXAS
Defendant.

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CIVIL ACTION NO.

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1.01CV-520

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JURY TRIAL DEMANDED

ORIGINAL COMPLAINT OF THE
UNITED STATES EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

TO THE HONORABLE UNITED STATES DISTRICT COURT:

NATURE OF THE ACTION

This is an action under the Age Discrimination in Employment

Act to correct unlawful employment practices on the basis of age

and to provide appropriate relief to individuals 70 years of age

and older

including Joseph E. Londow and Thelma "Skeeter"

Williams

who were involuntarily retired or otherwise

discriminated against by Defendant. As alleged with greater

particularity below f Defendant for several years maintained an unlawful written policy of discrimination against employees who

"reach [ed] their 70~ birthday."

JURISDICTION AND VENUE

1. Jurisdiction of this Court is invoked pursuant to 28

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Case 1:01-cv-00520-HC Document 1 Filed 07/31/2001 Page 2 of 6
u.S.c. §§ 451, 1331, 1337, 1343 and 1345. This action is authorized and instituted pursuant to Section 7 (b) of the Age Discrimination in Employment Act of 1967, as amended, 29 U.S.C. § 626 (b) (the IIADEA II ), which incorporates by reference Sections 16(c) and 17 of the Fair Labor Standards Act of 1938 (the IIFLSA"), as amended, 29 U.S.C. §§ 216(c) and 217.
2. The employment practices alleged to be unlawful were committed within the jurisdiction of the United States District Court for the Eastern District of Texas, Beaumont Division.
PARTIES 3. Plaintiff, the Equal Employment Opportunity Commission (the IICommission ll ), is the agency of the United States of America charged with the administration, interpretation and enforcement of the ADEA and is expressly authorized to bring this action by Section 7(b) of the ADEA, 29 U.S.C. § 626(b), as amended by Section 2 of Reorganization Plan No.1 of 1978, 92 Stat. 3781, and by Public Law 98-532 (1984), 98 Stat. 2705. 4. At all relevant times, Defendant, the Housing Authority of the City of Port Arthur, Texas (the IIHousing Authority"), has continuously been an Agency or Instrumentality of the City of Port Arthur, Texas. 5. At all relevant times, the Housing Authority has continuously been an employer within the meaning of Section 11(b) of the ADEA, 29 U.S.C. § 630(b).
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CONCILIATION

6. Prior to institution of this lawsuit, the Commission's

representatives attempted to eliminate the unlawful employment

practices alleged below and to effect voluntary compliance with the

ADEA through informal methods of conciliation, conference and

persuasion within the meaning of Section 7 (b) of the ADEA, 29

U.S.C. § 626 (b) .

STATEMENT OF CLAIMS

7.

Since at least January 1999, the Defendant Housing

Authority engaged in unlawful employment practices, in violation of

§ 4 (a) (1) of the ADEA, 29 U.S.C. § 623 (a) (1).

8. The Housing Authority discriminated against qualified

individuals who were age 70 and older by discharging or otherwise

discriminating against these individuals, because of their age.

These discharged individuals include Joseph E. Londow, who was

involuntarily retired.

Individuals who were "otherwise

discriminated against" include Thelma "Skeeter" Williams, whose

hours were reduced by half.

9. The Housing Authority had a personnel policy which stated

as follows: "Employees may be retired from regular employment with

the Authority upon reaching their 70 th birthday."

10. Beginning in 1990, Joseph E. Londow worked for the

Housing Authority as a "Mechanic B." Mr. Londow was born on

October 6, 1930. His seventieth birthday was October 6, 2000.

11. The Housing Authority's Executive Director, Bobby

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Feemster, signed a letter dated September 15, 2000, which was addressed to Mr. Londow. The letter began as follows: "Dear Mr. Londow: It is with great pleasure that I congratulate you on your forthcoming retirement on Friday, October 6, 2000." However, Mr. Londow had not announced an intent to retire. To the contrary, after having been informed that the Housing Authority was involuntarily retiring him, Mr. Londow requested to be allowed to continue his employment. His request was denied.
12. The Housing Authority has discriminated against other employees who reached their 70 th birthday. Concerning Thelma "Skeeter" Williams, the Housing Authority has stated that "[s]he was allowed to continue working past age 70, but her schedule was reduced from 40 hours per week to 20 hours per week." This reduction in hours because of age constitutes unlawful age discrimination.
13. The effect of the practices complained of in paragraphs 8-12 above has been to deprive Joseph E. Londow and other individuals who were involuntarily retired or otherwise discriminated against by Defendant of equal employment opportunities and otherwise adversely affect their status as employees because of their age.
14. The unlawful employment practices complained of in paragraphs 8-12 above were and are willful within the meaning of Section 7(b) of the ADEA, 29 U.S.C. § 626(b).
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PRAYER FOR RELIEF Wherefore, the Commission respectfully requests that this Court: A. Grant a permanent injunction enjoining Defendant Housing
Authority of the City of Port Arthur, Texas, its officers, successors, assigns, and all persons in active concert or participation with it, from engaging in age discrimination in discharges or reductions in hours, and any other employment practice which discriminates on the basis of age against individuals 40 years of age and older. B. Order Defendant to institute and carry out pol icies, practices and programs which provide equal employment opportunities for individuals 70 years of age and older, and which eradicate the effects of its past and present unlawful employment practices. C. Grant a judgment requiring Defendant to make whole Joseph E. Londow, Thelma Williams, and other individuals identified during discovery as victims or unlawful age discrimination by providing appropriate back wages, in an amount to be determined at trial, and an equal sum as liquidated damages, or pre-judgment interest in lieu thereof, as well as appropriate contributions to pension, benefit, or insurance plans and other affirmative relief necessary to eradicate the effects of Defendant's
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unlawful employment practices, including, but not limited to, rightful-place instatement of Joseph E. Landow and other class members, or in the alternative, front pay. D. Grant such further relief as the Court deems necessary and proper in the public interest. E. Award the Commission its costs of this action.
JURY TRIAL DEMAND The Commission requests a jury trial on all questions of fact raised by its complaint.
Respectfully submitted, Gwendolyn Young Reams Acting Deputy General Counsel Equal Employment Opportunity
Commission 1801 L Street, N.W. Washington, D.C. 20507

Regional Attorney
'R~.&

Supervisory Trial Attorney

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Tlmothy M.

c-' ----

Senior Tria Attorney

Attorney-i -Charge

Texas Bar No. 00793371

Equal Employment Opportunity Commission
1919 Smith Street, 7th Floor Houston, Texas 77002 (713) 209-3395

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 Case 1:01-cv-00520-HC Document 10 Filed 12/18/2001 Page 1 of 4

f="n C'n.C;I_ERK
IN THE UNITED STATES DISTRICT COURTcr'~~l':nCl CCUPT

FOR THE

EASTERN DISTRICT OF BEAUMONT DIVISION

TEXASOI or-e.C 18

PH 4: 08

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff, v. HOUSING AUTHORITY of the CITY OF PORT ARTHUR, TEXAS
Defendant.

TXt;'>S; Li1N' bE;"UMOHT
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CAUSE NO. 1:Ol-CV-00520

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JUDGE COBB

AGREED CONSENT DECREE The Equal Employment Opportunity Commission ("Commission" or "EEOC") alleges that Defendant Housing Authority of the City of

Port Arthur, Texas (" Housing Authority") is legally responsible for age discrimination, in violation of the Age Discrimination in Employment Act of 1967, as amended ("ADEA"). The EEOC's lawsuit alleges that Defendant for several years maintained an unlawful written policy of discrimination against employees who "reach[ed] their 7oth birthday," and compelled the retirement of Joseph E. Londow because he attained the age of 70.
The parties stipulate to the jurisdiction of the Court and waive a hearing and the entry of findings of fact and conclusions of law.
It is therefore ORDERED that: 1. This Consent Decree is entered in full and complete

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settlement of any and all claims arising out of or contained in this lawsuit, Civil Action No. 1:01-CV-00520, and in EEOC Charge No. 330-A1-0842.
2. The Housing Authority agrees that it will not engage in any employment practices which violate the ADEA -- to the extent the Housing Authority is legally obligated to comply with the ADEA -- by unlawfully discriminating against any individual because of such individual's age.
3. The Housing Authority agrees that it will not retaliate against any individual who opposes any practice made an unlawful employment practice by the ADEA, or against any individual who has provided testimony or evidence related to this lawsuit or to the investigation of EEOC Charge No. 330-A1-0842.
4. At least five (5) business days before this Consent Decree is submitted to the Court for approval, the Housing Authority shall have provided the EEOC with a complete copy of its current personnel/Human Resources policies. Within twenty (20) days after the Court's entry of this Consent Decree, the Housing Authority shall distribute to all employees written notification that its former Retirement policy (i.e., "Employees may be retired from regular employment with the Authority upon reaching their 70th birthday') was improper, and has been rescinded.
5. Within ten (10) calendar days from the date of entry of this Decree, and subject to Mr. Londow executing a release,
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Defendant agrees to pay the sum of TWENTY-TWO THOUSAND FIVE HUNDRED DOLLARS ($22,500.00) to resolve claims for back pay, lost insurance and pension benefits, liquidated damages, and other monetary relief brought by the EEOC in its Original Complaint. The $22,500.00 will be disbursed to Joseph E. Londow, and sent via certified mail, return receipt requested. A copy of this payment check shall be sent concurrently to the EEOC at the following address: Equal Employment Opportunity Commission, attn: Timothy M. Bowne, 1919 Smith Street, 7th Floor, Houston, Texas 77002.
6. Within ten (10) calendar days of the date of entry of this Decree, the Housing Authority will send to Joseph E. Londow a written offer of employment for a position as Maintenance Mechanic B. This position shall include the job duties which Mr. Londow performed prior to his involuntary retirement in October 2000, and shall not require "emergency work" (i. e., weekend hours and work after regular working hours), absent exceptional circumstances such as a natural disaster which requires all Maintenance Mechanic Bs to perform emergency work. Mr. Londow will be required to perform the essential functions of a Maintenance Mechanic B as described in the job description for that position. This offer shall be mailed to Mr. Londow, with a copy sent concurrently to the Commission at the following address: Equal Employment Opportunity Commission, attn: Timothy M. Bowne, 1919 Smith Street, 7th Floor, Houston, Texas 77002. Mr. Londow must accept the Housing Authority's offer of
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employment within thirty (30) calendar days from the date of entry

of this Consent Decree; however, Mr. Londow may choose to defer his

starting date up to three (3) months after the date of entry of the

Consent Decree. If Mr. Londow chooses not to accept the offer, the

Housing Authority will not be obligated to offer Mr. Londow a

second Mechanic B position.

7 . If Defendant's personnel/Human Resources policies

regarding retirement or any other issues governed by or related to

the ADEA are modified in any way during the period in which this

Consent Decree is in effect, a copy of the amended or revised

policies shall be sent to the EEOC

wi thin a month of the

modification -- at the address listed in the preceding paragraphs.

8. This Decree shall remain in effect for two (2) years from

the date of signing. During such time, the Court shall retain

jurisdiction to assure compliance with this Decree and to permit

entry of such further orders or modifications as may be necessary

or appropriate.

9. The parties shall bear their own costs and attorney's

fees.

t-..

/ 5 Signed on this

day of ______________~_______ , 2001.

HOWELL COBB UNITED STATES DISTRICT JUDGE
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 CM/ECF LIVE - U.S. District Court:txed - Docket Report

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CLOSED, FRC, JURY
U.S. District Court [LIVE] Eastern District of TEXAS LIVE (Beaumont) CIVIL DOCKET FOR CASE #: 1:01-cv-00520-HC

EEOC v. Housing Authority Assigned to: Judge Howell Cobb Demand: $0 Cause: 42:2000 Job Discrimination (Age)
Plaintiff
Equal Employment Opportunity Commission

Date Filed: 07/31/2001 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff
represented by Timothy M Bowne US Equal Employment Opportunity Commission 1919 Smith St 7th Floor Houston, TX 77002 713/209-3395 Fax: 17132093402 Email: timothy.bowne@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED
James P Sacher Equal Employment Opportunity Commission Houston District Office 1919 Smith Street 7th Floor Houston, TX 77002 Harri 713/209-3405 Fax: 713/209-3405 ATTORNEY TO BE NOTICED
Rose Adewale-Mendes Equal Employment Opportunity Commission Houston District Office 1919 Smith Street 7th Floor Houston, TX 77002 Harri 713/209-3405 Fax: 713/209-3405 ATTORNEY TO BE NOTICED

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V.
Defendant Housing Authority of The City of Port Arthur, Texas

represented by Frank David Calvert Calvert & Eaves, L. L. P. 2615 Calder Avenue Suite 1070 Beaumont, TX 77702 409/832-8885 Fax: 14098328886 Email: fcalvert@calvert-eaves.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed 07/31/2001 07/31/2001 07/31/2001 08/16/2001 08/24/2001 08/27/2001 08/28/2001 08/30/2001
09/28/2001 11/14/2001 11/19/2001 11/19/2001

#

Docket Text

1 Original Complaint filed. Cause: 42:2000 age discrimination (bst) (Entered: 07/31/2001)
Summons(es) issued for Housing Authority of the City of Port Arthur & handed to pla's atty for service (bst) (Entered: 07/31/2001)
Magistrate consent forms mailed to pla's atty Timothy Bowne (bst) (Entered: 07/31/2001)
2 Return of service executed as to Housing Authority 8/7/01 on sum/cmp. Answer due on 8/27/01 for Housing Authority (bjc) (Entered: 08/16/2001)
4 Return of service executed as to Housing Authority 8/7/01 Answer due on 8/27/01 for Housing Authority (mrp) (Entered: 08/29/2001)
3 Answer to original complaint by Housing Authority (mrp) (Entered: 08/28/2001)
Magistrate consent form mailed to atty for Housing Authority. (mrp) (Entered: 08/28/2001)
5 ORDER set scheduling conference for 1:30 11/19/01 by telephone before Judge Howell Cobb (signed by Judge Howell Cobb) cc: attys 8/30/01 (mrp) (Entered: 08/30/2001)
6 Notice of disclosure by Housing Authority (mrp) (Entered: 10/01/2001)
MANAGEMENT CONFERENCE set at 1:30 11/19/01 before Judge Howell Cobb cc: HC, attys (former empl) (Entered: 11/14/2001)
7 Notice of disclosure by EEOC (mrp) (Entered: 11/19/2001)
MANAGEMENT CONFERENCE held before Judge Howell Cobb via telephone. If the parties do not reach a settlement the case will be set for trial in March 2002 (former empl) (Entered: 11/21/2001)

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11/19/2001 12/14/2001 12/18/2001
12/18/2001 09/30/2003

8 Minutes Re: [0-0] Management conference by Judge Howell Cobb held on 11/19/01 (Ct rep/ECRO: Wendell Parks) (former empl) (Entered: 11/21/2001)
9 JOINT MOTION by EEOC, Housing Authority to enter consent decree (sealed) (Entered: 12/14/2001)
10 Consent judgment. Dft agrees to pay, Joseph E Londow, the sum of $22,500.00 to resolve claims for back pay, lost insurance and pension benefits, liquidated damages, and other monetary relief brought by the EEOC in its Original complaint. The parties shall bear their own costs and atty's fees (signed by Judge Howell Cobb) cc: attys 12/21/01 (bjc) (Entered: 12/21/2001)
Case closed (bjc) (Entered: 12/21/2001)
Shipped to FRC on 9/30/2003, Accession Number 021-03-0445, Location B3408512, Box 22 of 23. (bst, ) (Entered: 08/16/2004)

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