r-·--:-:u:-::.s=-.:::D7:IS::-::T::-::R:-I~C-T-C-O-U-R-T--­

i NORTHERN DISTRICT OF TEXAS

I

FILED

FI NO TRHTEHUE NNIOTREDTHSETRANTEDSISDTIRSTICRTICOTFcTl ~uXRATS

SEP 26,.

.

LUBBOCK DIVISION

i

EQUAL EMPLOYMENT OPPORTUNITY

)

I CLERK, U.S. DISTRICT COURT

I I

By ----~~~------

COMMISSION,

A~iOA )
) CIVIL

.- - - - - -

Plaintiff,

)

)

v.

) COMPLAINT

)

OXYCARE PLUS, INC.,

) Jury Trial Demand

)

Defendant.

)

-------------------------------)

NATURE OF THE ACTION

This is an action under Title VII ofthe Civil Rights Act of 1964, as amended, and Title 1 of

the Civil Rights Act of 1991, to correct unlawful employment practices on the basis of gender,

female, and to provide appropriate reliefto Vanessa K. Braziel, who was adversely affected by such

practices. The Equal Employment Opportunity Commission (the "Commission") alleges that

Defendant, Oxycare Plus, Inc., engaged in discriminatory employment practices when it subjected

Vanessa K. Braziel to discriminatory terms and conditions of employment, and when it discharged

Ms. Braziel, because of her gender, in violation of Section 703(a) of Title VII.

JURISDICTION AND VENUE

1. Jurisdiction ofthis Court is invoked pursuant to 28 U.S.C. §§ 451, 1331, 1337, 1343

and 1345. This action is authorized and instituted pursuant to 706(f)(1) and (3) of Title VII ofthe

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 ofthe Civil Rights Act of 1991,42 U.S.C. § 1981a.

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

jurisdiction ofthe United States District Court for the Northern District ofTexas, Lubbock Division.

PARTIES

3. Plaintiff, the Commission, is the agency ofthe United States ofAmerica charged with

the administration, interpretation and enforcement ofTitle 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) (1) and (3).

4. At all relevant times, Defendant, Oxycare Plus, Inc., has continuously been a Texas

Corporation doing business in the State ofTexas, and the City ofLubbock, and has continuously had

at least 15 employees.

5. At all relevant times, Defendant Oxycare Plus, Inc. has continuously been an

employer engaged in an industry affecting commerce within the meaning ofSections 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 ofthis lawsuit, Vanessa K. Braziel, filed

a charge with the Commission alleging violations ofTitle VII by Defendant, Oxycare Plus, Inc. All

conditions precedent to the institution of this lawsuit have been fulfilled.

7. Since at least June 2002, Defendant engaged in unlawful employment practices at

its facility in Lubbock, Texas, in violation of Section 703(a)(1 ) of Title VII, 42 U.S.C. § 2000e-2(a)

(1). More specifically, Defendant employed Vanessa K. Braziel at Oxycare Plus, Inc., and

a.

Since at least June 2002, Defendant Oxycare Plus, Inc. engaged in unlawful

employment practices when it limited Vanessa K. Braziel's work hours, and

refused to allow her to work weekends, or "on-call", because of her gender,

female; and

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· .
b. Defendant Oxycare Plus, Inc. engaged in an unlawful employment practice when it discharged Vanessa K. Braziel because of her gender, female.
S. The effect of the practices complained of in paragraph seven above has been to deprive Vanessa K. Braziel of equal employment opportunities and otherwise adversely affect her status as an employee, because of her gender, female.
9. The unlawful employment practices complained of in paragraph seven above were intentional.
10. The unlawful employment practices complained of in paragraph seven above were done with malice or with reckless indifference to the federally protected rights of Vanessa K. Braziel.
PRAYER FOR RELIEF Wherefore, the Commission respectfully requests that this Court: A. Grant a permanent injunction enjoining Defendant, Oxycare Plus, Inc., 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 gender, female; B. Order Defendant, Oxycare Plus, Inc. 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 described in paragraph seven above; C. Order Defendant, Oxycare Plus, Inc. to make whole Vanessa K. Braziel, by providing appropriate backpay with prejudgment interest, in an amount to be determined at trial, and other affirmative reliefnecessary to eradicate the effects of its unlawful employment practices, including but not limited to the reinstatement of Vanessa K. Braziel, or front pay in lieu thereof;
3

D. Order Defendant, Oxycare Plus, Inc. to make whole Vanessa K. Braziel, by providing compensation for past and future pecuniary losses resulting from the unlawful employment practice described in paragraph seven above, including, but not limited to, job search expenses, relocation expenses, and medical expenses, in amounts to be determined at trial;
E. Order Defendant, Oxycare Plus, Inc. to make whole Vanessa K. Braziel, by providing compensation for past and future non-pecuniary losses resulting from the unlawful employment practices complained of in paragraph seven above, including, but not limited to, emotional pain, suffering, inconvenience, loss of enjoyment of life, and humiliation, in an amount to be determined at trial;
F. Order Defendant, Oxycare Plus, Inc. to pay Vanessa K. Braziel punitive damages for its malicious and reckless conduct described in paragraph seven above, in an amount to be determined at trial;
G. Grant such further relief as the Court deems necessary and proper in the public interest; and
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, ERIC S. DREIBAND General Counsel JAMES L. LEE Deputy General Counsel
4

· .
GWENDOLYN YOUNG REAMS Associate General Counsel
ROf)aB-E&R4TB".EHA.R~~ f~~
Regional Attorney District of Columbia Bar No. 076083
nfD~~A~ wf .,..,~
Supervisory Trial Attorney Texas Bar No. 19708300
Trial Attorney Texas Bar No. 00795741 EQUAL EMPLOYMENT OPPORTUNITY COMMISSION EI Paso Area Office 300 E. Main Dr., Suite 500 E1 Paso, Texas 79901
Telephone: (915) 534-6676 Facsimile: (915) 534-6701 ATTORNEYS FOR PLAINTIFF
5

 
 U.S. DISTRICT COURT
NORTHERN DISTRICT OF TEXAS
~~¥Ps~~~~:~iNi~U ST ~~l~'~:

EQUAL EMPLOYMENT OPPORTUNITY )

COMMISSION,

)

)

Plaintiff,

)

)

v.

)

)

CARE TRAK OF LUBBOCK, INC.,

)

)

Defendant.

)

-----------------------------)

I C~ERE(, U.S. mSTH~CT COURT ny_
- - - _ - . l L _ _ _ _ _ih-.:..,p~.!!=
Civil Action No. 5:03-CV-0243-C

ORDER GRANTING PARTIES' JOINT MOTION FOR ENTRY OF CONSENT DECREE

On this date, came on for consideration, the Parties' Joint Motion For Entry of Consent

Decree. Having considered that Motion, the Court finds that the Motion should be, and is, in all

ways, GRANTED.

Therefore, it is hereby ORDERED that the Consent Decree, which was attached as Exhibit

A to the Parties' Joint Motion For Entry of Consent Decree shall be FILED.

SO ORDERED.

/4" Signed this

day of

O,uM,L

(j

 
 •
UNITED STATES DISTRICT COUIK' NORTHERN DISTRICT OF TEXl
LUBBOCK DIVISION

V.S. DISTRiCT C{)uni--:-----'--:

NORTHERN DISTRiCT OF TEXAS !

PIll r;n

r-----:.,:"'.;.::,.!

_'_ _

JUN - I 2004

EQUAL EMPLOYMENT OPPORTUNITY )

COMMISSION,

)

)

Plaintiff,

)

)

v.

)

)

CARE TRAK OF LUBBOCK, INC.,

)

)

Defendant.

)

----------------------------)

CLERK, V.S. DISTRICT COURT By ____~~~--____
Deputy
Civil Action No. 5:03-CV-0243-C

CONSENT DECREE

The parties to this Consent Decree are the Plaintiff, United States Equal Employment

Opportunity Commission ("EEOC"), and Defendant, Care Trak of Lubbock, Inc. ("Care Trak").

This Consent Decree resolves the above-referenced Civil Action No.5:03-CV-0243-C. The EEOC

initiated this lawsuit under Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C.

§§2000e, et seq. ("Title VII") and Title I of the Civil Rights Act of 1991,42 U.S.c. § 1981a.

Plaintiffs Complaint in this lawsuit asserts unlawful employment practices on the basis of

gender, and seeks to provide relief to Vanessa K. Braziel, who was adversely affected by these

unlawful employment practices. More specifically, Ms. Braziel is female, and Plaintiff EEOC

alleges in the Complaint that she was subjected to discrimination, in violation ofTitle VII, when her

work hours were limited, when she was not allowed to work weekends, when she was not allowed

to work "on-call," and when she was discharged because ofher gender. Defendant Care Trak denies

the allegations contained in the EEOC's Complaint.

The EEOC and Care Trak wish to settle this Action, without the necessity of further

litigation, pursuant to the terms delineated in this Decree.

-- --- - - - - - - - - - - - - - - -

-- - - - - - - - - - - - - - - - -

• •
IT IS ORDERED, ADJUDGED AND DECREED as follows: 1. This Court has jurisdiction ofthe subject matter ofthis action and the parties, venue is proper, and all administrative prerequisites to the filing of this action have been met. The Complaint states claims on behalf of Vanessa K. Braziel which, if proved, would authorize this Court to grant relief against Care Trak, pursuant to Title VII. 2. This Consent Decree resolves all issues raised in Vanessa Braziel's Charge of Discrimination, Charge No. 361-A3-00102, and EEOC's Complaint in this case. EEOC waives further litigation ofall issues raised in the above-referenced Charge and Complaint. EEOC expressly reserves its right, however, to process and litigate any other charges which may now be pending or may in the future be filed against Care Trak. 3. The duration of this Consent Decree shall be three years from the date of its filing with the Court. This Court shall retain jurisdiction of this action during the period of this Consent Decree and may enter such other and further reliefas it deems appropriate to ensure implementation and enforcement of its provisions. Any violation of the Consent Decree by Care Trak, or its agents shall toll the running of this three-year period as of the date of the violation. If the Court subsequently determines this Consent Decree was violated, the three-year period shall recommence and continue from the date of entry of an Order setting out such a violation or until such time as ordered by the Court. Should the Court find this Consent Decree was not violated, the three-year period shall recommence, retroactive to the date ofthe filing ofthe pleading alleging that a violation had occurred. 4. Care Trak, in settlement ofthis dispute, shall pay to VanessaK. Braziel the sum total of $38,000. The payment shall be sent directly to Ms. Braziel at 6413 13th Street, Lubbock, TX
2

•
79416. A copy of the settlement check and any accompanying transmittal documents shall be forwarded to the EEOC to the attention of Robert B. Harwin, Regional Attorney, 5410 Fredericksburg Road, Suite 200, San Antonio, TX 78229.
5. Charlie Hall will personally draft and sign a positive letter of reference regarding Vanessa K. Braziel. That letter ofreference shall be sent directly to Ms. Braziel at 6413 13th Street, Lubbock, TX 79416. Additionally, Care Trak shall make no mention ofthe filing ofthe Complaint, or the underlying discrimination charge filed by Ms. Braziel.
6. Care Trak shall expunge the personnel files of Vanessa K. Braziel of all documents specified by the EEOC after its review of those files.
7. Care Trak, its agents, officers, employees, and servants are enj oined, during the term of this Consent Decree, from discriminating against any employee on the basis of gender. The conduct enjoined includes, but is not limited to, limiting the number of hours which its female employees work because of their gender, refusing to allow its female employees to work weekends because oftheir gender, refusing to allow its female employees to work "on-call" because of their gender, and discharging any of its female employees because of their gender.
8. Care Trak, its agents, officers, employees, and servants are also enjoined, during the term of this Consent Decree, from retaliating in any manner whatsoever against Vanessa K. Braziel and!or any other past, present, or future employee, who opposes any employment practice which she reasonably believes to be unlawful, pursuant to Title VII, or who files a discrimination charge, gives testimony or assistance, or participates in any manner in any investigation, proceeding, hearing or action under Title VII.
9. Care Trak, its agents, officers, employees, and servants shall provide its employees
3

•
with a place of employment free of discrimination on the basis of gender, and free of retaliation. 10. Care Trak, its agents, officers, employees, and servants shall post a notice regarding
their practices, policies, and intent not to discriminate or retaliate against any employee in violation of Title VII. Such notice shall be as set forth in Exhibit "A", which is attached to this Consent Decree. A copy of Exhibit "A" shall be posted on all employee bulletin boards, and other areas where employees are likely to congregate. The notice shall be posted within 10 days of the filing date of the Consent Decree, and shall remain posted for the duration of this Consent Decree.
11. To further the ends of this Consent Decree, within ninety (90) days of entry of this Decree, all ofCare Trak's shareholders, management, and staffshall participate in equal employment opportunity training of not less than three (3) hours. This training shall: (a) explain the law relating to discrimination in employment based on gender; and (b) explain the damaging effects of discrimination based on gender to victims, their families, their co-workers, and the workplace environment. Within 30 days prior to the date scheduled for this training, Care Trak shall furnish to the EEOC a written report describing the training to be attended by its employees, identifying the instructor(s) and describing their qualifications to conduct such training, and the EEOC shall have the right, within ten days of its receipt of this information, to disapprove the training and the instructor.
12. The EEOC shall have the right to ensure compliance with the terms of this Consent Decree.
13. The terms of this Consent Decree shall be binding upon the EEOC and Care Trak, their agents, officers, employees, and servants, as to the issues resolved herein.
14. Each party shall bear its own costs, including attorney's fees incurred in this action.
4

• •

15. The parties agree that there is no prevailing party in this action or proceeding.

The Clerk shall furnish a copy hereof to each attorney of record.

SO ORDERED.

L Of~~~ Signed this

day

_ _ _ __

C'

5

•
Dated: 5~ J-~"- ocJ
DON C. DENNIS Attorney Texas State Bar No. 05749400 BOERNER & DENNIS ATTORNEYS AT LAW P.O. Box 1738 Lubbock, TX 79408
Tel: (806) 763-0044 Fax: (806) 763-2084 ATTORNEYS FOR DEFENDANT

•
Respectfully submitted,
ERIC S. DREIBAND General Counsel
JAMES L. LEE Deputy General Counsel
GWENDOLYN YOUNG REAMS Associate General Counsel
--f~ 13. 11~ wi~
ROBERT B. HARWIN' Regional Attorney D.C. State Bar No. 0760873
()dJh ~ .~~ H{ ~
JUDITH G. TALoR Supervisory Trial Attorney Texas State Bar No. 19708300
LTICIA DoIfoom:
Trial Attorney ~ Texas State Bar No. 00795741
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
El Paso Area Office 300 E. Main, Suite 500 EI Paso, Texas 79901
Tel: (915) 534-6676 Fax: (915) 534-6701
ATTORNEYS FOR PLAINTIFF

6

• •
EXHIBIT A

• •
NOTICE TO ALL EMPLOYEES
CARE TRAK OF LUBBOCK, INC. IS FIRMLY COMMITTED TO TREATING EMPLOYEES ACCORDING TO MERIT WITHOUT REGARD TO THEIR RACE, RELIGION, COLOR, NATIONAL ORIGIN, SEX, AGE, DISABILITY, OR THEIR HAVING ENGAGED IN ACTIVITY PROTECTED BY TITLE VII OF THE CIVIL RIGHTS ACT OF 1964, AS AMENDED. THIS POLICY APPLIES TO ALL EMPLOYMENT DECISIONS, AND ALL OTHER TERMS AND CONDITIONS OF EMPLOYMENT.
CARE TRAK WILL SPECIFICALLYNOT TOLERATE GENDER DISCRIMINATION. CARE TRAK WILL ALSO SPECIFICALLYNOT TOLERATE RETALIATION AGAINST ANY EMPLOYEE WHO PROTESTS AGAINST GENDER DISCRIMINATION.
IF YOU BELIEVE YOU ARE BEING DISCRIMINATED AGAINST IN ANY TERM OR CONDITION OF YOUR EMPLOYMENT BECAUSE OF YOUR RACE, RELIGION, COLOR, AGE, DISABILITY,NATIONAL ORIGIN, OR GENDER, YOU ARE ENCOURAGED TO SEEK ASSISTANCE FROM SUPERVISORY PERSONNEL, OR FROM THE UNITED STATES EQUALEMPLOYMENTOPPORTUNITYCOMMISSION,WHICHISALSOKNOWNASTHE EEOC, 300 E. MAIN, SUITE 500, ELPASO, TEXAS 79901, (915) 534-6700 OR 1-800-669-4000. NO RETALIATORY ACTION MAY BE TAKEN AGAINST YOU FOR SEEKING ASSISTANCE, FILING A CHARGE, OR COMMUNICATING WITH THE EEOC.
THE EEOC ENFORCES TITLE VII OF THE CIVIL RIGHTS ACT OF 1964, WHICH PROHIBITS EMPLOYMENT DISCRIMINATION BASED ON RACE, COLOR, RELIGION, SEX OR NATIONAL ORIGIN; THE AGE DISCRIMINATION IN EMPLOYMENT ACT; THE EQUAL PAY ACT, SECTIONS OF THE CIVIL RIGHTS ACT OF 1991, AND TITLE I OF THE AMERICANS WITH DISABILITIES ACT, WHICH PROHIBITS DISCRIMINATION AGAINST PEOPLE WITH DISABILITIES IN THE WORKPLACE.

 
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U.S. District Court Northern District of Texas (Lubbock) CIVIL DOCKET FOR CASE #: 5:03-cv-00243

CLOSED, JURY

Equal Employment Opportunity Commission v. Care Trak of Lubbock Inc Assigned to: Judge Sam R Cummings Cause: 42:2000 Job Discrimination (Sex)

Date Filed: 09/26/2003 Date Terminated: 06/01/2004 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

Plaintiff
Equal Employment Opportunity Commission

represented by Leticia Dominguez Equal Employment Opportunity Commission 300 E Main Suite 500 El Paso, TX 79901 915/534-6676 Fax: 915/534-6701 FAX Email: Tisha.Dominguez@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Judith G Taylor Equal Employment Opportunity Commission San Antonio District Office 5410 Fredricksburg Rd Suite 200 San Antonio, TX 78240 210/281-7637 Email: judith.taylor@eeoc.gov ATTORNEY TO BE NOTICED

Robert B Harwin Equal Employment Opportunity Commission San Antonio District Office 5410 Fredricksburg Rd Suite 200 San Antonio, TX 78240 210/281-7643 Email: Robert.Harwin@eeoc.gov ATTORNEY TO BE NOTICED

V.

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Defendant Oxycare Plus Inc TERMINATED: 05/20/2004
Defendant Care Trak of Lubbock Inc

represented by Don C Dennis Boerner & Dennis PO Box 1738 Lubbock, TX 79408 806/763-0044 Fax: 806/763-2084 FAX Email: dcdennis@bd-llp.com TERMINATED: 05/20/2004
represented by Don C Dennis (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed 09/26/2003 09/26/2003 10/21/2003 12/01/2003 12/01/2003 12/01/2003
12/09/2003 12/11/2003

#

Docket Text

1 COMPLAINT against Oxycare Plus Inc , filed by Equal Employment Opportunity Commission.(dks, ) (Entered: 09/29/2003)
DEMAND for Trial by Jury by Equal Employment Opportunity Commission. (dks, ) (Entered: 09/29/2003)
2 WAIVER OF SERVICE Returned Executed as to Oxycare Plus Inc. Waiver sent on 10/9/2003, answer due 12/8/2003. (bdg, ) (Entered: 10/21/2003)
3 ORIGINAL ANSWER to Complaint by Oxycare Plus Inc.(bdg, ) (Entered: 12/01/2003)
4 CERTIFICATE OF INTERESTED PERSONS by Oxycare Plus Inc. (bdg, ) (Entered: 12/01/2003)
5 SCHEDULING ORDER: Amended Pleadings due by 3/15/2004. Discovery due by 10/15/2004. Joinder of Parties due by 3/15/2004. Motions, including motions for summary judgment due by 10/15/2004. Experts must be disclosed by 06/15/2004. SEE ORDER FOR FURTHER INFORMATION. cc: pro se parties and attorneys of record. (Signed by Judge Sam R Cummings on 12/01/03) (bdg, ) (Entered: 12/02/2003)
6 FIRST AMENDED ANSWER to 1 Complaint by Oxycare Plus Inc. (bdg, ) (Entered: 12/11/2003)
7 Order Unfiling 6 Amended Answer to Complaint filed by Oxycare Plus Inc due to the following deficiency: A motion for leave to amend must be accompanied by a copy of the porposed amended pleading attached as an exhibit and an original and second copy of the proposed pleading that is neither attached to the motion nor made an exhibit to the motion. cc:pro se parties and attorneys of record. (Signed by Judge Sam R Cummings on 12/11/03) (bdg, ) (Entered: 12/11/2003)

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12/15/2003 05/19/2004 05/20/2004
05/28/2004 06/01/2004
06/01/2004

8 FIRST AMENDED ANSWER to 1 Complaint by Oxycare Plus Inc. (bdg, ) (Entered: 12/16/2003)
9 MOTION To Change Name by Oxycare Plus Inc (bdg, ) (Entered: 05/20/2004)
10 ORDER granting 9 Motion To Change Name ; It is ordered, adjudged and decreed that the style of this cause should be amended to reflect Defendant's new name, Care Trak of Lubbock, Inc, and that Defendant shall be referred to as such in all future pleadings filed with this Court. SEE ORDER FOR FURTHER INFORMATION. cc: pro se parties and attorneys of record. (Signed by Judge Sam R Cummings on 05/20/04) (bdg, ) (Entered: 05/20/2004)
11 JOINT MOTION for Entry of Consent Decree. (bdg, ) (Entered: 05/28/2004)
12 ORDER granting 11 Joint Motion for Entry of Consent Decree; It is therefore ordered that the Consent Decree, which was attached as Exhibit A to the Parties' Joint Motion for Entry of Consent Decree shall be FILED. SEE ORDER FOR FURTHER INFORMATION. cc: pro se parties and attorneys of record. (Signed by Judge Sam R Cummings on 06/01/04) (bdg, ) (Entered: 06/01/2004)
13 JUDGMENT ; Consent Decree - SEE ORDER FOR FURTHER INFORMATION. cc:pro se parties and attorneys of record. (Signed by Judge Sam R Cummings on 06/01/04) (bdg, ) (Entered: 06/01/2004)

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