Case 9:99-cv-00147-JH Document 1 Filed 06/25/1999 Page 1 of 6
: ,

FILED - CLERK
IN THE UNITED STATES DISTRICT dhfu.'~ISTRICT COURT

FOR THE EASTERN DISTRICT OF TEXAS

LUFKIN DIVISION

!')'/Y JUN 25 A!'I 10;

EQUAL EMPLOYMENT OPPORTUNITY §

COMMISSION,

§

Plaintiff,

§

§

§

VS.

§

§

§

PRIME PLACEMENT, INC.,

§

Defendant.

§

7 CIVIL ACTION No., /
q1 qq(;,I//'"

JURY

Judge Hannah

COMPLAINT

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 on sex and to compensate and make whole Roxanne Neuman, who has been subjected to discriminatory treatment based on sex. The defendant, Prime Placement, Inc., unlawfully denied and continues to deny female job applicants equal employment opportunities by refusing to hire female applicants for certain positions in violation of the Civil Rights Act of 1964.

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.

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/

Case 9:99-cv-00147-JH Document 1 Filed 06/25/1999 Page 2 of 6
2. Venue is proper within the jurisdiction of the United States District Court for the Eastern District of Texas, Lufkin Division.
3. The employment practices alleged to be unlawful were committed within the jurisdiction of the United States District Court for the Eastern District of Texas, Lufkin Division.
PARTIES 4. 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 Sections 706 (f) (1) and (3) of Title VII, 42 U.S.C. §§ 2000e-5 (f) (1) and (3). 5. At all relevant times, Defendant, Prime Placement, Inc., ("Defendant" or "Prime Placement") a Texas corporation, has continuously been doing business in the State of Texas and has continuously had at least 15 employees. Defendant may be served by serving its registered agent for service of process, Bobbye Paige at 911 S. Chestnut, Lufkin, Texas. 6. At all relevant times, Defendant has continuously been an employer engaged in an industry affecting commerce wi thin the meaning of Sections 701(b), (g) and (h) of Title VII, 42 U.S.C. §§ 2000e (b), (g) and (h). 7. At all relevant times, Defendant has been an employment agency within the meaning of Section 701(c) of Title VII, 42 U.S.C.
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- Case 9:99-cv-00147-JH Document 1 Filed 06/25/1999 Page 3 of 6
§§ 2000e (c) . STATEMENT OF CLAIMS
8. More than thirty days prior to the institution of this lawsuit, Roxanne Neuman (IlNeuman ll ) filed a charge with the Commission alleging violations of Title VII by Defendant. All conditions precedent to the institution of this lawsuit have been fulfilled.
9. Since at least 1996, Prime Placement has engaged in unlawful employment practices at its Lufkin facility located at 911 S. Chestnut, Lufkin, Texas 75901 in violation of Sections 703 (a) (1), 703 (a) (2), and 703 (b) and of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e-2 (a) (1), (a) (2), and (b).
10. The effect of these unlawful practices has been to deprive Neuman and other similarly situated female applicants and female employees of equal employment opportunities and to otherwise adversely affect their status as employees because of their sex.
11. Prime Placement operates a temporary employment agency in Lufkin and Nacogdoches, Texas. Prime Placement recruits persons for work at a variety of workplaces operated by clients of Prime Placement. In most cases, the persons recruited by Prime Placement work, at least initially, as employees of Prime Placement while actually performing jobs at the clients 1 workplaces. In some cases, persons initially hired by Prime Placement as II temps II are subsequently hired as permanent employees by the client employer.
12. On or about August 22, 1996, Neuman was referred to Prime Placement by the Texas Workforce Commission for a job as a
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Case 9:99-cv-00147-JH Document 1 Filed 06/25/1999 Page 4 of 6
· '
sandblaster. She presented herself at Respondent's office, where she was told that the position had been filled.
13. On or about September 3, 1996, Neuman called Prime Placement in response to a newspaper advertisement seeking applicants for jobs as "production workers" and "laborers." She was told by the Prime Placement employee with whom she spoke that the advertised jobs were men's jobs and that Neuman could not apply for them. On the same day, a friend of Neuman's called Prime Placement at Neuman's request and spoke with Prime Placement's owner, Bobbye Paige. During this conversation, Ms. Paige confirmed that there were some jobs to which Prime Placement did not refer women.
14. After Neuman's friend spoke with Paige, Prime Placement did accept an application from Neuman, but she was never hired by Prime Placement or any of its clients. Prime Placement never informed Neuman that it had changed its announced policy of not referring women to jobs that it considered to be inappropriate for them.
15. Defendant, an employer, failed or refused to hire Neuman and other women and otherwise discriminated against them because of their sex in violation of Section 703(a) (1) of Title VII, 42 U.S.C. § 2000e-2 (a) (1) .
16. Defendant, an employer, limited, segregated, or classified Neuman and other female applicants and employees because of their sex in violation of Section 703 (a) (2) of Title VII, 42 U.S.C. § 2000e-2 (a) (2) .
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· .

Case 9:99-cv-00147-JH Document 1 Filed 06/25/1999 Page 5 of 6

17. Defendant, an employment agency, failed, or refused to refer Neuman and other women for employment because of their sex, in violation of Section 703(b) of Title VII, 42 U.S.C. § 2000e-
2 (b) .

Prayer
Wherefore, the Commission respectfully requests that this
Court:
A. Grant a permanent injunction enjoining Defendant, its officers, successors, assigns and all persons in active concert or participation with it, from unlawfully refusing to hire female applicants or refusing to refer female employees to certain jobs or engaging in any other practice which discriminates against individuals on the basis of their sex.
B. Grant a permanent injunction enjoining Defendant, its officers, successors, assigns and all persons in active concert or participation with it, from representing in any advertisement or statement to any potential applicant that any job for which it is hiring or referring applicants is open only to one sex.
C. Grant a permanent injunction enjoining Defendant, its officers, successors, assigns and all persons in active concert or participation with it, from retaliating in violation of Section 704 of Title VII.
D. Order Defendant to make Roxanne Neuman whole, by providing her with backpay and pre-judgment interest, in amounts to be determined at trial, and other affirmative relief necessary to eradicate the effects of its unlawful employment practices.
E. Order Defendant to make Roxanne Neuman whole by providing compensation for her past and future pecuniary losses in amounts to be determined at trial.
F. Order Defendant to make Roxanne Neuman whole by providing compensation for their past and future non-pecuniary losses including losses due to emotional distress, pain and suffering, and inconvenience, in amounts to be determined at trial.
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Case 9:99-cv-00147-JH Document 1 Filed 06/25/1999 Page 6 of 6

G. Order Defendant to pay Roxanne Neuman punitive damages in an amount to be determined at trial.
H. Grant such further relief as the Court deems necessary and proper.
I. Award the Commission its costs in this action.
Jury Demand
The Commission requests a jury trial on all questions of fact raised by its complaint.

Respectfully submitted,

C. GREGORY STEWART General Counsel

GWENDOLYN REAMS Deputy General Counsel

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

1801 L. Street, N.W.

WaShingto~. D. C. 20507
4t£-ti<4 -~

Ri: reErg

S io

SA nal

ER

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BRUCE V. GRIFFITHS TBN 08486500 Attorney-in-Charge

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Houston District Office 1919 Smith Street, 7th Floor Houston, Texas 77002 Telephone : (713 ) 2 09- 3336 Facsimile: (713) 209- 34 02

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 Case 9:99-cv-00147-JH Document 12 Filed 05/12/2000 Page 1 of 7

FILED - CLERK IN THE UNITED STATES DISTRICT c~tfu.pIST:~!GT COURT

FOR

THE

EASTERN LUFKIN

DISTRICT DIVISION

OF

TEXAB
-.:-:::r

r:/\y

r 2

AM

8:

II

EQUAL EMPLOYMENT OPPORTUNITY §

COMMISSION,

§

Plaintiff,

§

§

§

VS.

§

§

§

PRIME PLACEMENT, INC., and

§

EAST TEXAS TEMPORARIES, INC., §

Defendants.

§

TX EASn:~(f-J - LUFKIN
BY---...JIQ~/-t,--
CIVIL ACTION No. 9:99cv147
JURY

FIRST AMENDED COMPLAINT

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 on sex and to compensate and make whole Roxanne Neuman, who has been subjected to discriminatory treatment based on sex. The defendants I Prime Placement, Inc. and East Texas Temporaries, Inc. unlawfully denied and continue to deny female job applicants equal employment opportunities by refusing to hire female applicants for certain positions in violation of the Civil Rights Act of 1964.

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 VIIII) and Section 102 of the Civil Rights Act of 1991, 42 U.S.C ..§ 1981A.
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Case 9:99-cv-00147-JH Document 12 Filed 05/12/2000 Page 2 of 7
2. Venue is proper within the jurisdiction of the United States District Court for the Eastern District of Texas, Lufkin Division.
3. The employment practices alleged to be unlawful were committed within the jurisdiction of the United States District Court for the Eastern District of Texas, Lufkin Division.
I
PARTIES 4. 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 Sections 706 (f) (1) and (3) of Title VII, 42 U.S.C. §§ 2000e-5 (f) (1) and (3). 5. At all relevant times, Defendants, Prime Placement, Inc., ("Prime Placement") and East Texas Temporaries, Inc. ( "East Texas"), both Texas corporations, have continuously been doing business in the State of Texas and have continuously had at least 15 employees. At the times relevant to this lawsuit, the two Defendants were owned by close relatives and occupied adj acent offices at the same address in Lufkin, Texas. They jointly engaged in the temporary employment agency business. After the facts pleaded in this lawsuit, Prime Placement ceased doing business although it continues its corporate existence. After Prime Placement ceased doing business, East Texas continued to operate the temporary employment agency business that had previously been
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Case 9:99-cv-00147-JH Document 12 Filed 05/12/2000 Page 3 of 7
operated jointly by both corporations. East Texas is the legal successor to Prime Placement.
6. At all relevant times, each defendant 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. § § 2 000e (b), (g ) and (h).
7. At all relevant times, each defendant has been an employment agency within the meaning of Section 701(c) of Title VI I, 42 U. S . C. § § 2000 e (c) .
STATEMENT OF CLAIMS 8. More than thirty days prior to the institution of this lawsuit, Roxanne Neuman (IINeuman") filed a charge with the Commission alleging violations of Title VII by Defendant. All conditions precedent to the institution of this lawsuit have been fulfilled. 9. Since at least 1996, Prime Placement and East Texas have engaged in unlawful employment practices at their Lufkin facility located at 911 S. Chestnut, Lufkin, Texas 75901 in violation of Sections 703 (a) (1), 703 (a) (2), and 703 (b) and of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e-2 (a) (1), (a) (2), and
(b) .
10. The effect of these unlawful practices has been to deprive Neuman and other similarly situated female applicants and female employees of equal employment opportunities and to otherwise adversely affect their status as employees because of their sex.
11. Prime Placement and East Texas jointly operate a
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Case 9:99-cv-00147-JH Document 12 Filed 05/12/2000 Page 4 of 7
temporary employment agency in Lufkin and Nacogdoches, Texas. Prime Placement recruits persons for work at a variety of workplaces operated by clients of Prime Placement and east Texas. In most cases, the persons recruited by Prime Placement and East Texas work, at least initially, as employees of Prime Placement or East Texas while actually performing jobs at the clients' workplaces. In some cases, persons initially hired by Prime Placement or East Texas as "temps" are subsequently hired as permanent employees by the client employer.
12. On or about August 22, 1996, Neuman was referred to Prime Placement by the Texas Workforce Commission for a job as a sandblaster. She presented herself at defendants' office, where she was told that the position had been filled.
13. On or about September 3, 1996, Neuman called Prime Placement in response to a newspaper advertisement seeking applicants for jobs as "production workers" and "laborers." She was told by an employee of the joint enterprise operated by with whom she spoke that the advertised jobs were men's jobs and that Neuman could not apply for them. On the same day, a friend of Neuman's called Prime Placement at Neuman's request and spoke with Prime Placement's owner, Bobbye Page. During this conversation, Ms. Page confirmed that there were some jobs to which Prime Placement did not refer women.
14. After Neuman's friend spoke with Page, Prime Placement did accept an application from Neuman, but she was never hired by Prime Placement, East Texas or any of their clients. Prime
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Case 9:99-cv-00147-JH Document 12 Filed 05/12/2000 Page 5 of 7
Placement never informed Neuman that it had changed its announced policy of not referring women to jobs that it considered to be inappropriate for them.
15. Defendants, each an employer, failed or refused to hire Neuman and other women and otherwise discriminated against them because of their sex in violation of Section 703(a) (1) of Title VI I , 42 U. S . C. § 2 0 00e - 2 (a) (1) .
16. Defendants, each an employer, limited, segregated, or classified Neuman and other female applicants and employees because of their sex in violation of Section 703 (a) (2) of Title VII, 42 u.S.C. § 2000e-2 (a) (2) .
17. Defendants, each an employment agency, failed, or refused to refer Neuman and other women for employment because of their sex, in violation of Section 703(b) of Title VII, 42 U.S.C. § 2000e-2 (b) .
Prayer
Wherefore, the Commission respectfully requests that this Court:
A. Grant a permanent injunction enjoining Defendants, their officers, successors, assigns and all persons in active -concert or participation with it, from unlawfully refusing to hire female applicants or refusing to refer female employees to certain jobs or engaging in any other practice which discriminates against individuals on the basis of their sex.
B. Grant a permanent injunction enjoining Defendants, their officers, successors, assigns and all persons in active concert or participation with it, from representing in any advertisement or statement to any potential applicant that any job for which it is hiring or referring
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Case 9:99-cv-00147-JH Document 12 Filed 05/12/2000 Page 6 of 7
applicants is open only to one sex.
C. Grant a permanent injunction enjoining Defendants, their officers, successors, assigns and all persons in active concert or participation with it, from retaliating in violation of Section 704 of Title VII.
D. Order Defendants to make Roxanne Neuman whole, by providing her with backpay and pre-judgment interest, in amounts to be determined at trial, and other affirmative relief necessary to eradicate the effects of its unlawful employment practices.
E. Order Defendants to make Roxanne Neuman whole by providing compensation for her past and future pecuniary losses in amounts to be determined at trial.
F. Order Defendants to make Roxanne Neuman whole by providing compensation for their past and future nonpecuniary losses including losses due to emotional distress, pain and suffering, and inconvenience, in amounts to be determined at trial.
G. Order Defendants to pay Roxanne Neuman punitive damages in an amount to be determined at trial.
H. Grant such further relief as the Court deems necessary and proper.
I. Award the Commission its costs in this action.
Jury Demand
The Commission requests a jury trial on all questions of fact
raised by its complaint.
Respectfully submitted,
C. GREGORY STEWART General Counsel
GWENDOLYN REAMS Deputy General Counsel
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 1801 L. Street, N.W. Washington, D.C. 20507
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Case 9:99-cv-00147-JH Document 12 Filed 05/12/2000 Page 7 of 7
JAMES SACHER Regional Attorney
~t/.~.
BRUCE V. GRIFFITHS TBN 08486500 Attorney-in-Charge EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Houston District Office 1919 Smith Street, 7th Floor Houston, Texas 77002 Telephone: (713) 209 - 333 6 Facsimile: (713) 209-3402 Certificate of Service
2 b (.J 4 I hereby certify that the foregoing First Amended Complaint
was served on Charles R. Dendy, Attorney for Defendants, 109 North 2nd Street, Lufkin, Texas 75901, by mailing same first class mail this 13th day of April,
A
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 Case 9:99-cv-00147-JH Document 13 Filed 05/12/2000 Page 1 of 7

IN THE UNITED STATES DISTRICT coy~15F.Rr:-!c~-L~RK
FOR THE EASTERN DISTRICT OF TEXAS ""'~ 1 cOURT

LUFKIN DIVISION

2:0 r:iW 12 M1 8: I ,

EQUAL EMPLOYMENT OPPORTUNITY §

COMMISSION,

§

Plaintiff,

§

§

§

VS.

§

§

§

PRIME PLACEMENT, INC., and

§

EAST TEXAS TEMPORARIES, INC. §

Defendants.

§

CIVIL ACTION No. 9:99cv147
JURY

CONSENT DECREE The Equal Employment Opportunity Commission ("EEOC") alleges that Defendants Prime Placement, Inc. ("Prime Placement") and East Texas Temporaries, Inc. (" East Texas") discriminated against a female job applicant by classifying certain jobs as "male-only jobs" and refusing to allow her to apply for these jobs in violation of Sections 703 (a) (1), 703 (a) (2), and 703 (b) and of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e2 (a) (1), (a) (2), and (b). Defendants deny the allegations of illegal sex discrimination. Neither Defendants' consent to the entry of this decree nor any of the terms set forth in it shall constitute or be construed as an admission of any wrongful act or violation of the law. The parties wish to avoid the risks, uncertainties and expenses of continued litigation, and for that reason, they agree to the entry of this consent decree as a final judgment in this
1
\~

Case 9:99-cv-00147-JH Document 13 Filed 05/12/2000 Page 2 of 7
matter. The parties stipulat~ that this consent decree resolves
all claims that were or could have been asserted by EEOC based on
the allegations of EEOC Charge No. 330-97-0812, or any facts
discovered in the course of the EEOC's investigation of that
charge. This stipulation does not prevent EEOC, Prime Placement,
East Texas, or any third party beneficiary of this agreed judgment
from enforcing the terms of this judgment.
Pursuant to the stipulation and agreement of EEOC, Prime
Placement, and East Texas, the Court enters the following orders:
1. Prime Placement, Inc. and East Texas Temporaries, Inc., their officers, agents, employees, and all persons acting in concert with them who have actual knowledge of this decree are each hereby enjoined and restrained from expressing any preference for or discrimination against either sex in any help-wanted advertisement, or in any communications with persons seeking employment or information about employment. "Preference for or discrimination against either sex" includes, but is not limited to, labeling any job as a "man's job" or a "woman's job," or saying or implying that insurance policies or government regulations prevent either sex from being considered for or offered a particular job or group of jobs. For purposes of this consent decree, any person calling, visiting, or communicating via computer or facsimile with any telephone, office, or computer maintained by Prime Placement or East Texas is conclusively presumed to be "a person seeking employment or information about employment."
2. Prime Placement, Inc. and East Texas Temporaries, Inc., their officers, agents, employees, and all persons acting in concert with them who have actual knowledge of this decree are each hereby enjoined and restrained from classifying any job for which they are seeking or accepting applicants, whether on their own behalf or on behalf of any other employer, as a "man's job" or "woman's job" or otherwise maintaining any classification system of jobs or job applicants that discriminates or tends to discriminate on the basis of sex.
3. Prime Placement, Inc. and East Texas Temporaries, Inc., their officers, agents, employees, and all persons acting in concert with them who have actual knowledge of this decree are each hereby enjoined and restrained from advertising for, accepting
2

Case 9:99-cv-00147-JH Document 13 Filed 05/12/2000 Page 3 of 7
applications for, making referrals for, or conducting preemployment interviews, testing or other screening for any job in which the hiring process or the wages, terms or conditions of employment discriminates on the basis of sex. For the purposes of this consent decree, a "job in which the hiring process or the wages, terms or conditions of employment discriminates on the basis of sex" means any job about which a reasonable person in the position of Prime Placement or East Texas would believe that the hiring decision was being made or would be made in a way which discriminates on the basis of the sex of the applicant or that the wages, or other terms or conditions of employment depend on the sex of the employee. This includes, but is not limited to, any job in which the entity seeking employees (whether actual employees or temporary or "contract" workers) indicates to Prime Placement or East Texas that it will not accept candidates of one sex or otherwise indicates a preference for one sex.
4. Prime Placement, Inc. and East Texas Temporaries are each ordered, for a period of two years after the date on which this decree is entered, to allow EEOC to take reasonable measures to insure compliance with this decree, including onsite inspections, employee interviews, and examination and copying of relevant documents.
5. Prime Placement, Inc. and East Texas Temporaries, Inc. are each ordered to maintain complete and accurate records of all complaints of sex discrimination made to management during the two years following the entry of the decree, as well as records showing how those complaints were resolved. Prime Placement, Inc. and East Texas Temporaries, Inc. are each ordered to maintain these records for two years and 300 days from the date on which this decree is entered.
6. Prime Placement, Inc. and East Texas Temporaries, Inc. are each ordered to retain copies of all advertising that it places during the two years following the entry of the decree. In the case of print advertising, such copies shall consist of a true copy of the advertisement as run as well as the date and publication in which the ad was run. In the case of radio or television advertising, a copy may be a script or a tape recording of the advertisement. Prime Placement, Inc. and East Texas Temporaries, Inc. are each ordered to maintain these records for two years and 300 days from the date on which this decree is entered.
7. Prime Placement, Inc. and East Texas Temporaries, Inc. are each ordered to maintain complete and accurate copies of all correspondence with entities seeking or receiving its services as a temporary agency or employment agency, all inquiries and
3

Case 9:99-cv-00147-JH Document 13 Filed 05/12/2000 Page 4 of 7
applications received from persons interested in employment and all records disclosing the identities of persons whom it hires or refers for jobs. Prime Placement, Inc. and East Texas Temporaries, Inc. are each ordered to maintain these records for two years and 300 days from the date on which this decree is entered.
8. Prime Placement, Inc. and East Texas Temporaries, Inc., their officers, agents, employees, and all persons acting in concert with them who have actual knowledge of this decree are hereby enjoined and restrained from retaliating against any person who was a witness, or otherwise participated in the investigation of this matter.
9. Prime Placement, Inc. and East Texas Temporaries, Inc. are each ordered to include the following notice in each advertisement published by either of them during the two year period immediately following the entry of this decree: PRIME PLACEMENT [or EAST TEXAS TEMPORARIES] IS AN EQUAL OPPORTUNITY EMPLOYMENT AGENCY. ALL OF THE JOBS WE OFFER ARE OPEN TO QUALIFIED PERSONS ON A NON-DISCRIMINATORY BASIS WITHOUT REGARD TO THEIR RACE, COLOR, SEX, NATIONAL ORIGIN, RELIGION, AGE, OR DISABILITY. This notice shall be printed in a typeface at least as large as the most common typeface used in the rest of the ad copy. In a television or radio advertisement, this notice shall be spoken by the same announcer at the same volume as employed in the other copy in the advertisement.
10. Prime Placement, Inc. and East Texas Temporaries, Inc. are each ordered to post immediately and keep posted for a period of two years from the date of this decree a notice substantially identical in content and size to the notice attached to this decree as Exhibit A. This notice shall be posted in the reception area[s] of any office maintained by either company and shall be located at a place where it can be read easily from publicly accessible portion of the room.
It is ORDERED, ADJUDGED, and DECREED that Plaintiff EEOC have
and recover, on behalf of Roxanne Neuman, from the Defendants,
Prime Placement, Inc. and East Texas Temporaries, Inc., jointly and
severally, the sum of $3,000. The parties agree that payment of
said sum and the entry of this consent decree by the Court will
satisfy and release all claims that Plaintiff raised or could have
4

Case 9:99-cv-00147-JH Document 13 Filed 05/12/2000 Page 5 of 7

raised in its First Amended Complaint.

This decree shall remain in effect for two years and 300 days

from the date of entry.

Each party to this action shall bear its own costs and

attorneys fees.

All relief sought in this action which is not expressly

granted is denied()~ Signed this ~ day

~~~~~~__ , 2000.

5

Case 9:99-cv-00147-JH Document 13 Filed 05/12/2000 Page 6 of 7

We agree to the terms of the Consent Decree above and request that the Court enter it.

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

By a es Sa h r, Regional Attorney

, 0 ston Dlstri~=

~(./

~

Bruce V. Griffiths

Senior Trial Attorney

TBN 08486500

1919 Smith, Seventh Floor Houston, Texas 77002 Telephone: (713) 209-3336 Facsimile: (713) 209-3402

Prime Placement, In~
By ~.~,~~ Bobbye Pa , Preslde

East Texas Temporaries, Inc. By

..£.-3 -~
Date
-s - 3- DO
Date

Charles R. Dendy Attorney for Defendants 109 North 2~ Street Lufkin, Texas 75901 Telephone: (409) 639-2388 Facsimile: (409) 639-2370

6 (

Case 9:99-cv-00147-JH Document 13 Filed 05/12/2000 Page 7 of 7
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Houston District Office
1919 Smith St, 7th Floor Houston, TX 77002-8049
PH: (713) 209-3320 TDD: (713) 209-3439 FAX: (713) 209-3402 LEGAL: (713) 209-3401
NOTICE
AS REQUIRED UNDER TITLE VII OF THE CIVIL RIGHTS ACT OF 1964, AS AMENDED
NOTICE TO ALL EMPLOYEES OF AND PERSONS SEEKING EMPLOYMENT THROUGH
PRIME PLACEMENT, INC. or EAST TEXAS TEMPORARIES, INC.
REGARDING SEX DISCRIMINATION IN THE WORKPLACE
Federal law requires that there be no discrimination against any employee or applicant for employment because of the person's sex, race, color, religion, national origin, disability, orage. Prime Placement, Inc. and East Texas Temporaries, Inc. support and abide by this law.
Federal law makes it illegal for employers and employment agencies to classify jobs as being available only to one sex or the other, except in very rare cases where being a member of a particular sex is an actual requirement of the position (for example, where an employer is seeking an actor to play the role of a man.). An employer or an employment agency may not exclude one sex from being considered for a job simply because the job is one which has traditionally been held by members of the other sex or because the job requires attributes or skills which are believed to be more common in one sex than the other. :
ALL OF THE POSITIONS OFFERED BY PRIME PLACEMENT, INC. AND EAST TEXAS TEMPORARIES, INC. ARE OPEN TO QUALIFIED MEN AND WOMEN.
If you believe that you have been discriminated against illegally by any employer or employment agency, you should contact the U.S. Equal Employment Opportunity Commission at 800-USA-EEOC or at 713-209-3372 or the Texas Commission on Human Rights at 512-437-3450.
EXHIBIT A

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

https://ecf.txed.uscourts.gov/cgi-bin/DktRpt.pl?429441055411328-L_9...

CLOSED, FRC, JURY
U.S. District Court [LIVE] Eastern District of TEXAS LIVE (Lufkin) CIVIL DOCKET FOR CASE #: 9:99-cv-00147-JH

EEOC v. Prime Placement Inc Assigned to: Judge John Hannah, Jr Demand: $0 Cause: 42:2000 Job Discrimination (Sex) Plaintiff Equal Employment Opportunity Commission
V. Defendant Prime Placement Inc

Date Filed: 06/25/1999 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff
represented by Bruce V Griffiths ACLU of Texas PO Box 133017 Houston, TX 77219 LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Charles R Dendy Attorney at Law 109 N 2nd Lufkin, TX 75901 936/639-2388 Fax: 19366392370 Email: cdendy-attorney@consolidated.net LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed 06/25/1999 06/25/1999 06/25/1999 06/25/1999
06/25/1999

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Docket Text

1 Original Complaint filed. Cause: 42:2000 Job Discrimination (Sex) (kjr) (Entered: 06/25/1999)
1 Demand for jury trial by EEOC (kjr) (Entered: 06/25/1999)
Summons(es) issued for Prime Placement Inc & returned to atty for service (kjr) (Entered: 06/25/1999)
2 In compliance with section b of Local Rule CV-26 and after a review of the pleadings, this action has been assigned to track 3 for case management purposes. (kjr) (Entered: 06/25/1999)
Magistrate consent forms mailed to EEOC (kjr) (Entered: 06/25/1999)

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07/15/1999 07/22/1999 09/17/1999 09/20/1999 10/06/1999 10/06/1999 10/08/1999
05/04/2000 05/04/2000 05/12/2000 05/12/2000 05/12/2000
05/24/2000

3 Answer to original complaint by Prime Placement Inc (Mailed track assignment form.) (kjr) (Entered: 07/15/1999)
4 Consent by plaintiff EEOC for disposition of case by U.S. Magistrate Judge. (djh) (Entered: 07/22/1999)
5 Notice of Hearing: set management conference for 2:30 10/6/99 by telephone before Judge John Hannah Jr. Pla's atty shall initiate the call (pad) (Entered: 09/17/1999)
6 Notice of initial disclosure by Prime Placement Inc (kjr) (Entered: 09/20/1999)
MANAGEMENT CONFERENCE held before Judge John Hannah Jr. (pad) (Entered: 10/06/1999)
7 Minutes Re: [0-0] Management conference by Judge John Hannah Jr. on 10/6/99 (Ct rep/ECRO: not recorded) (pad) (Entered: 10/06/1999)
8 Scheduling order setting deadlines to amend pleadings by 12/27/99; answer to amended pleadings by 12/13/99; dispositive motions and other motions requiring a hrg by 3/6/00; Discovery cutoff 1/24/00; Joint Pretrial order to be submitted on or before 4/3/00; Joint Requested jury instructions by 4/3/00; Final Pretrial conference on 3:00 6/5/00; pla to designate expert witnesses by 11/29/99; dft to designate expert witnesses by 12/13/99; pla to identify trial witnesses by 2/7/00; dft to identify trial witnesses by 2/21/000; Jury trial on 9:00 6/6/00 ; ( signed by Judge John Hannah Jr) cc: attys, JH 10/8/99 (djh) (Entered: 10/08/1999)
9 MOTION by EEOC for leave to file amended complaint (kjr) (Entered: 05/04/2000)
10 MOTION by EEOC, Prime Placement Inc to enter consent decree (kjr) (Entered: 05/04/2000)
11 ORDER granting [9-1] motion for leave to file amended complaint (signed by Judge John Hannah Jr. ) cc: attys, JH 5/12/00 (djh) (Entered: 05/12/2000)
12 First Amended complaint by EEOC , amending [1-1] complaint (djh) (Entered: 05/12/2000)
13 Consent decree that Pla EEOC have and rcover on behalf of Roxann Neuman, from Prime Placement, Inc and E TX Temporaies, Inc jointly and severally, the sum $3,000. The parties agree by the Court will satisfy said sum and the entry of this consent decree by the Court will satisfy and release all claims that pla raised or could have raised in its 1st amd cmp. This decree shall remain in effect for 2 years and 300 days from the date of entry. Each party to this action shall bear its own costs and attorneys fees. All relief sought in this action which is not expressly granted is denied (signed by Judge John Hannah Jr) cc: attys, JH 5/12/00 (djh) (Entered: 05/12/2000)
14 Final Judgment that the consent decree dismissed all claims of pla against dft and provided that each party shall bear its own costs. Accordingly, the Court now enters final judgment in this action. (signed by Judge John Hannah Jr. ) cc JH, parties 5/24/00 (kjr) (Entered: 05/24/2000)

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04/23/2001

Shipped to FRC on 04/17/01 Accession number: 021-01-0153, Location L6001766 Box 15 of 20 (kjr) Modified on 11/13/2003 (Entered: 04/23/2001)

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