FILED

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TENNESSEE
GREENEVILLE DIVISION
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,

Z0011 AUG 2 3 A o~ 28
U.S. DISTRICT COURT EASIERN OIST IENN.

Plaintiff,
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CIVIL A¯CoT¢IO-CN NO.

APPALACHIAN OIL COMPANY, INC.

COMPLAINT ~#g#~

Defendant.

JURY TRIAL DEMAND

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 to correct unlawful employment practices based upon sex, and to provide appropriate relief to Lessia Viers and Sherlynn Dewberry who have been adversely affected by such practices. The Commission alleges that Defendant, Appalachian Oil Company, Inc. (hereinafter "Employer"), subjected Ms. Viers and Ms. Dewberry to a sexually hostile work environment, thereby discriminating against them in the terms and conditions of employment based upon sex. The Commission further alleges that Ms. Viers was constructively discharged by Defendant’s failure to take any action in response to her numerous complaints of sexual harassment.

JURISDICTION AND VENUE 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 Section706(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.
The employment practices alleged to be unlawful were committed within the jurisdiction of the United States District Court for the Eastern District of Tennessee, Greeneville Division.
PARTIES 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 § 706(f)(1) and (3) of Title VII, 42 U.S.C. §§ 2000e-5(f)(1) and (3). At all relevant times, Defendant Employer was a Tennessee corporation doing business in the State of Tennessee and has continuously had at least (fifteen) 15 employees. ° At all relevant times, Defendant has continuously been and is now an employer engaged in an industry affecting commerce within the meaning of

§§ 701(b), (g) and (h) of Title VII, 42 U.S.C. §§ 2000e(b), (g) and (h).
STATEMENT OF CLAIMS
More than thirty (30) days prior to the institution of this lawsuit, Lessia Viers filed a charge with the Commission alleging violations of Title VII by Defendant Employer. Plaintiff attempted conciliation of this matter in good faith, but its attempts were unsuccessful. All conditions precedent to the institution of this lawsuit have been fulfilled. o Charging Party Lessia Viers was employed at Defendant’s Appco #3 in Bristol, Tennessee, from January 2003 until May 2003. o Ms. Viers was subjected to sexually suggestive, offensive comments and impermissible touching by a male co-worker on a regular basis from January 2003 until May 2003. Ms. Viers complained about the sexual harassment to her store manager, Teresa Draper, on three or more occasions. Defendant failed to take action in response to Charging Party’s complaints. Charging Party quit her employment after the harassment continued to escalate despite her complaints to management. 12. Sherlynn Dewberry was employed as a convenience store clerk at Defendant’s Appco #3 in Bristol, Tennessee, from November 2002 until July 2003.

13. Ms. Dewberry was subjected to sexually suggestive, offensive comments and impermissible touching by a male co-worker on a regular basis from November 2002 until May 2003.
14. Ms. Dewberry complained about the sexual harassment to her store manager, Teresa Draper, on more than one occasion. Defendant failed to take action in response to Ms. Dewberry’s complaints. Ms. Viers and Ms. Dewberry were sexually harassed by the same male coworker.
17. The effect of the practices complained of above are in violation of § 703(a) of Title VII, as amended, 42 U.S.C. § 2000e-2(a).
18. The effect of the practices complained of above has been to deprive Lessia Viers and Sherlynn Dewberry of equal employment opportunities and otherwise adversely affect their status as employees because of gender (female).
19. The unlawful employment practices complained of above are and were intentional.
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 because of

sex, female;

Bo

Order Defendant Employer to institute and carry out policies, practices, and

programs which provide equal employment opportunities for females, and which

eradicate the effects of its past and present unlawful employment practices;

Co

Order Defendant Employer to make whole Lessia Viers, by providing

appropriate back pay with prejudgment interest, in amounts to be determined at

trial, reinstatement and other affirmative relief necessary to eradicate the effects

of its unlawful employment practices;

Do

Order Defendant Employer to make whole Lessia Viers and Sherlynn

Dewberry, by providing compensation for pecuniary and nonpecuniary losses,

including emotional pain and suffering, humiliation, embarrassmen~ and

inconvenience in amounts to be determined at trial;

Eo

Order Defendant Employer to pay punitive damages for its malicious and/or

reckless conduct, in amounts to be determined at trial.

Fo

Grant such further relief as the Court deems necessary and proper; and

Award the Commission its costs in this action.

JURY TRIAL DEMAND The Commission requests a jury trial on all questions of fact raised by the Complaint.
Respectfully submitted, ERIC S. DREIBAND General Counsel JAMES LEE Deputy General Counsel GWENDOLYN YOUNG REAMS Associated General Counsel
KATHARINE W. KORES Regional Attorney Tennessee Bar No. 6283
Supervisory Trial Attorney Tennessee Bar No. 9346
CELIA ft. LINER Senior Trial Attorney Arkansas Bar No. 90183 EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 1407 Union Avenue, Suite 621 Memphis, Tennessee 38104 Telephone: (901) 544-0075

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

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Plaintiff,
v. APPALACHIAN OIL COMPANY, INC.
Defendant.

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CIVIL ACTION NO.

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2:04-CV-303

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JUDGE GREER

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CONSENT DECREE

This action was instituted by the Equal Employment Opportunity Commission (hereinafter the "Commission") pursuant to §706 (f) (1) and (3) of Title VII of the civil Rights Act of 1964, as amended, 42 U.S.C. §2000e, et ~, and Title I of the Civil Rights Act of 1991, 42 U.S.C.§1981a, against Defendant, Appalachian Oil Company, Inc. ,(hereinafter the "Defendant II), to remedy unlawful practices alleged in the Complaint filed in this action.
The Complaint alleges that Defendant violated Section 703(a) of Title VII, 42 U.S.C.~2000e, et seq., by discriminating against Lessia Viers and Sherylyn Dewberry because of sex (female) by subjecting them to sexual harassment in the workplace and by constructively discharging Ms. Viers. Defendant has denied all such allegations. The parties, being desirous of settling this action, stipulate to the jurisdiction of this Court.
This Consent Decree does not and shall not constitute a finding

upon the merits of the case or an admission by Defendant of any violation of Ie VII or any other law, rule, or regulation dealing wi th or in connection with equal employment opportunities. The parties have consented to the entry of this Decree to avoid the burdens of further litigation.
The Court has reviewed the terms of the proposed Consent Decree in light of the applicable laws and regulations, the statements and representations of counsel for all parties, and hereby approves the Consent Decree.
NOW, THEREFORE, the Court being fully advised in the premises, it is hereby ORDERED, ADJUDGED AND DECREED:
I. SCOPE AND DURATION OF DECREE A. This Decree resolves all claims and issues arising out of Charge No. 253-2003-01377 and the Commission's Complaint in this cause alleging unlawful employment discrimination by Defendant. This agreement shall pertain only to matters arising from the aforementioned charges and shall not be in any manner dispositive of any other charge pending before an office of the Commission. B. The provisions of this Consent Decree will be effective on the date the Decree is entered by the Court and shall continue to be effective and binding upon the parties to this action for a period of three years from the date of the entry of this decree or until Defendant's obligations are satisfied, whichever is longer.
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II. PROHIBITED PRACTICES

A.

Defendant, its officers, agents, employees, and all persons

acting in concert with Defendant shall not engage in any employment

practice which has the purpose or effect of discriminating against

any employee on the basis of sex pursuant to Title VII of the Civil

Rights Act of 1964, as amended.

B. Defendant, its officers, agents, employees, and all persons

acting in concert with Defendant shall not engage in any employment

practice which has the purpose or effect of retaliating against any

employee for participating in any proceeding under Title VII or for

opposing discriminatory employment practices made unlawful under

Title VII of the Civil Rights Act of 1964, as amended.

III. GENERAL RELIEF

A. Within ninety (90) days of entry of this Decree for

supervisory employees, and within one hundred twenty (120) days of

entry for non-supervisory employees, Defendant shall conduct

mandatory training in the convenience store division for the purpose

of explaining and reinforcing its policy and procedure for

eliminating and preventing sexual harassment in the workplace.

Defendant shall inform employees that sexual harassment is strictly

prohibited in the work place, punishable by disciplinary action up to

and including termination; and that neither sexual harassment nor

retaliation for complaining about sexual harassment will be tolerated or condoned.

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B. Defendant shall retain a qualified consultant or trainer with specialized knowledge of employment law to conduct the training session for supervisory employees.
C. Defendant shall require each supervisory or management employee to record attendance at the mandatory training and to acknowledge receipt of a copy of Defendant's sexual harassment policy and procedure for reporting complaints. A copy of the signed acknowledgment shall be put in the employee's permanent personnel file.
D. Defendant shall advise each supervisory-level employee of his/her responsibility for insuring that his/her supervised area is free of sexual harassment, that company policies prohibiting employment discrimination are to be enforced, that employees are not to be harassed or singled out for ridicule or insult for reporting complaints of harassment, and that failure to perform their duties to prevent sexual harassment will result in disciplinary action up to and including termination.
IV. INDIVIDUAL RELIEF A. In order to resolve all issues and claims of employment discrimination and resulting damages which arose or could have arisen from the charge of discrimination filed by Lessia Viers and the Complaint filed by the Commission based on her Charge No. 253 200301377 I Defendant agrees to pay seventeen thousand dollars ($17,000.00) in compromise of the disputed claims within seven (7) days of entry of this Decree.
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B. Upon entry of this Decree, Plaintiff EEOC shall provide Defendant with the appropriate division of payments Ms. Viers and Ms. Dewberry and shall advise Defendant of correct payee information and address for each person.
C. Ms. Viers and Ms. Dewberry agree to release Defendant from claims that were or could have been brought pursuant to the allegations contained in Charge No. 253-2003-01377 and the subsequently lawsuit filed by EEOC.
V. NEUTRAL REFERENCES
Defendant agrees to provide neutral references to potential employers of Lessia Viers or Sherylyn Dewberry who may contact Defendant for job references in the future. Any such neutral reference shall be substantially identical to the form attached hereto as Exhibit A. No mention of the charge of discrimination filed by Lessia Viers, the participation of Sherylyn Dewberry in that charge, or the action filed by the Commission on behalf of these employees shall be disclosed as part of any job reference.
VI. NOTICE
A. At all times Defendant shall post and maintain at each of its store locations, in a place conspicuous and accessible to all applicants and employees, the poster summarizing pertinent provisions of Title VII required by Section 711 of the civil Rights Act of 1964, as amended, 42 U.S.C.§2000e-10(a).
B. Defendant shall post and maintain at each of its store
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locations, in a place conspicuous and accessible to all applicants and employees, the notice attached hereto as Exhibit B.
VII. REPORTING REQUIREMENTS A. Within one hundred twenty (120) days of entry of this Order, Defendant shall provide the Commission with written verification that the requirements under Section III (General Relief) have been satisfied. B. Copies of the checks to Ms. Viers and Ms. Dewberry shall be mailed to Katharine W. Kores, Regional Attorney for the Equal Employment Opportunity Commission, 1407 Union Avenue, Suite 621, Memphis, Tennessee 38104.
VIII. COMPLIANCE DISPUTES A. EEOC and Appalachian Oil Company agree that all disputes between them regarding any provision of this Decree shall first be raised informally between them. Should either Party contend that the other Party is not in compliance with any provision of this Decree, such party shall provide the other Party with written notice. The other party will have ten (10) days from its receipt of the written notice to come into compliance or to convince the other Party that they are in compliance. If such matters are not resolved informally, after the ten-day period either Party may then bring the dispute to this Court for resolution. B. The Commission may petition this Court for compliance with the Decree at any time during which this Court maintains jurisdiction
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over this action. Should the Court determine that Appalachian Oil has not complied with the Decree, appropriate relief, including extension of this decree for such period as may be necessary to remedy its noncompliance, may be ordered.

IX. COSTS The parties shall bear their own costs and attorneys' fees in this action.

SO ORDEREP THIS j..'~ DAY OF ~ .. 1...r

, 2005.

DISTRICT COURT

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BY CONSENT:

FOR DEFENDANT:
BAKER, DONELSON, BEARMAN, CALDWELL & BERKOWITZ 207 Mockingbird Lane P. O. Box 3038 Johnson City, Tennessee 37602 (423) 928-0181

FOR PLAINTIFF EEOC: ERIC S. DREIBAND General Counsel JAMES L. LEE Deputy General Counsel
GWENDOLYN YOUNG REAMS Associate General Counsel
KATHARINE W. KORES Regional Attorney

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,
CELIA S. LINER Senior Trial Attorney EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 1407 Union Avenue, Suite 621 Memphis, Tennessee 38104 (901) 544-0075

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This letter is in response to your inquiry regarding the

employment of Ms.

while employed at Appalachian Oil

Company, Inc. Ms. ________was employed with Appalachian Oil Company

from

until

at Appco # ___ , in

, Tennessee.

Her last job was that of

Company regulations do not

permit us to give out any other information concerning Ms.

's

employment.

I hope this information 1S helpful and that it adequately answers your inquiry.

Very truly yours,

tle: ____________________ Appalachian Oil Company, Inc.

EXHIBIT A
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U.S.

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

Memphis District Office

1407 Union Avenue, Suite 621

Memphis, TN 38104 (901) 544 - 0115
TTY (901) 544-0112 FAX (901) 544-0111

NOTICE
This Notice is being posted as part of an agreement between the United States Equal Employment Opportunity Commission and this company.
Federal law requires an employer to maintain a workplace free from harassment based on sex (gender), as well as race, color, religion, national origin, age (40 or older), or disability with respect to working environment or terms and conditions of employment. It is also a violation of Title VII of the Civil Rights Act, 42 U.S.C.§2000e, et seq., to subject any employee to sexual harassment.
Appalachian Oil Company, Inc. agrees to continue to comply with this Federal law in all respects and will not take any action against employees or applicants for employment because they have exercised their rights under the law.
Appalachian Oil Company, Inc. does not tolerate or condone sexual harassment against any employee or applicant for employment. Sexual harassment is a violation of company policy as well as federal law. Violation of this company policy by anyone employed by Appalachian Oil Company, Inc. will result in disciplinary action up to and including termination.

Title: _________________________________ Appalachian Oil Company I Inc.
EXHIBIT B 10

 
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BCS, CLOSED, JURY_TRIAL
U.S. District Court (Live Database) U.S. District Court - Eastern District of Tennessee (Greeneville)
CIVIL DOCKET FOR CASE #: 2:04-cv-00303

Equal Employment Opportunity Commission v. Appalachian Oil Date Filed: 08/23/2004

Co, Inc

Date Terminated: 09/29/2005

Assigned to: Honorable J Ronnie Greer

Jury Demand: Plaintiff

Referred to: Magistrate Dennis H Inman

Nature of Suit: 442 Civil Rights: Jobs

Cause: 42:2000 Job Discrimination (Sex)

Jurisdiction: U.S. Government Plaintiff

Plaintiff
Equal Employment Opportunity Commission

represented by Celia S Liner United States of America Equal Employment Opportunity Commission 1407 Union Avenue Suite 621 Memphis, TN 38104 901-544-0140 Fax: 901-544-0111 Email: celia.liner@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

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

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

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V. Defendant Appalachian Oil Co, Inc

LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Jennifer P Keller Baker, Donelson, Bearman, Caldwell & Berkowitz, PC P O Box 3038 CRS Johnson City, TN 37602 423-928-0181 Email: jkeller@bakerdonelson.com ATTORNEY TO BE NOTICED
Matthew D Davison Baker, Donelson, Bearman, Caldwell & Berkowitz, PC P O Box 3038 CRS Johnson City, TN 37602 423-928-0181 Email: mdavison@bakerdonelson.com ATTORNEY TO BE NOTICED

Date Filed 08/23/2004 09/15/2004 10/29/2004 11/08/2004 11/19/2004 01/04/2005 01/05/2005

#

Docket Text

1 COMPLAINT against Appalachian Oil Co, Inc (Filing fee $.0.) , filed by Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1 Civil Cover Sheet)(KDO) (Entered: 08/26/2004)
2 WAIVER OF SERVICE Returned Executed by Equal Employment Opportunity Commission. Appalachian Oil Co, Inc waiver sent on 9/1/2004, answer due 11/1/2004. (RLC, ) (Entered: 09/17/2004)
3 ANSWER to Complaint by Appalachian Oil Co, Inc.(Keller, Jennifer) (Entered: 10/29/2004)
4 NOTICE of Appearance by Matthew D Davison on behalf of Appalachian Oil Co, Inc (Davison, Matthew) (Entered: 11/08/2004)
5 NOTICE of Hearing: Scheduling Conference set for 1/5/2005 11:00 AM before Honorable J Ronnie Greer. (Attachments: # 1 Notice of Availability of Magistrate Judge# 2 Sample Scheduling Order)(EBM, ) (Entered: 11/19/2004)
6 REPORT of Rule 26(f) Planning Meeting. (Keller, Jennifer) (Entered: 01/04/2005)
Minute Entry : Initial Pretrial Conference held on 1/5/2005. (EBM, ) (Entered: 01/05/2005)

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01/06/2005
02/17/2005 02/17/2005 09/29/2005

7 SCHEDULING ORDER: Jury Trial set for four days on 1/24/2006 at 09:00 AM in Courtroom 400 before Honorable J Ronnie Greer. Final Pretrial Conference set for 12/15/2005 at 01:30 PM before Honorable J Ronnie Greer. Discovery due by 10/18/2005. Motions due by 11/28/2005. Rule 26 Meeting Report due by 2/2/2005. All motions in limine and objections must be filed by 11/30/2005, with responses due by 12/9/2005. Utilization of mediation deadline 10/3/05. Signed by Judge J Ronnie Greer on 1/6/2005. (RLC, ) (Entered: 01/06/2005)
8 SUBPOENA Returned Executed as to Lessia Viers on 2/12/05 (Davison, Matthew) Modified date executed in docket text on 2/17/2005 (FMM, ). (Entered: 02/17/2005)
9 SUBPOENA Returned Executed as to Sherylyn Dewberry on 2/08/05 (Davison, Matthew) (Entered: 02/17/2005)
10 CONSENT DECREE: This Consent Decree does not and shall not constitute a finding upon the merits of the case or an admission by Defendant of any violation of Title VII or any other law, rule, or regulation dealing with or in connection with equal employment opportunities. The Defendant agrees to pay $17,000.00 in compromise of the disputed claims within 7 days of entry of this Decree. The parties shall bear their own costs and attorneys' fees.Signed by Judge J Ronnie Greer on 9/29/2005. (RLC, ) (Entered: 09/29/2005)

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