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IN T1·IE UNITED STATES DISTRICT COURT . FOR THE DISTRICT OF NEW MEXICO,

EQCAL E;....1PLO)·ME:--JT OPPORTU,ITY COMMISSION,
Plaintift~
v.
ALL AMERICAN :\1EAT. INc.. d/b/a FARMERS COUNTRY MARKET,
Defendant.

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CIVIL ACTION NO.

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elY - 0 6,1I0 0 94::

RLP LfG

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CO:\l,PLAI:'IIT ,1

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.JURY TRIAL DEMAND

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NATURE OF THE ACTION

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

~ Amcrican~.:at, h~C.! Fann~r's Rights Act of 1991, 42 USC. 1981 against All

d/b/a

Country

~orrec:'unlawful Market ("Dcfendant" or "Farmers Country :\1arkct") to

bmpI0yment!practiccs on

the bases of sexual harassmcnt and retaliation and to provide appropriaie !clicfto BrUljdy F. Rivcra

: I ; who was advcrsely affectcd by such practices. The Commission aIiegls BrandY": Riv<!nl was

. ' , I subjec,ted to scxual harassmcnt by a male manager at Fa!'mcrs Countr;,; Market. The ~ommission

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further alleges that af,ter Brandy F. Rivcra rcp,orted. the harassmcnt to Fa,rmIcrs Country .,inanagcmcni

o fliIC'lalS, ShC w'as reta' Ila'tde agal.llst l,or mak'l'IIg tIlC comp'Ia'mt andd'ISC'1'largclj .

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.n.JRISDICTION AI\D VEI\LE

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Jurisdiction of this Court is in\'oked pursuant to 28 U.S.r 1** 451, 133 \' 1337, 1343

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and 1345. This action is authorized and instituted pursuant to Section ?OG( 1)(1) and (3) ofTitle VlI
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of the Civil Rights Act of 1964, as amended. 42 Ll.S,C. §2000e-5(1)( 1) ul\d (3); and Section 102 of

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the Civil Rights Act of 1991, 42 U.S.c. ~ 1981 a.

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~ommitted The cmployment practices alleged to be ;mlawful were

witlLn the

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jurisdiction of the United States District Court for the District ofNcw Mexico.

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PARTIES

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Opport~lIlity nComl~lissionn), 3.

PlaintifC the Equal EmploYlllent

Commi'ssiJ (the

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aUlllinist~ation, the agency of the United States of America charged with the

interp:retation anu

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enforcement of Title VII. and is expressly authorized to bring this action by Section 7,06(1)(1) and

(3) ofTitlc VII, 42 U.S.c. §2000c-5(f)(I) and (3).

4.

Defendant All American Meat, Inc: d/b/a Farmers Count~y rarket (the "IEmployer"),

a New Mexico corporation, has continuously been doing business in the State orNew: Mexic.o and

the City of Roswell and has at all relevant times had at least tifteen en:PILees.

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5.

At all relevant times, Defendant Farmers Country Market has continuously been an

th~ 7J employer engaged in an industry affecting commerce wiihin mcanil:g lfsection I(b), (g) and

(h) ofTitlc VII, 42 U.s.c. § 2000c(b), (g) and (h).

STATEMENT OF CLAIMS'

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6.

More than thiny days prior to the institution or this la\\'suit, Brandy F: Rivera (the

Charging Party), fileu a charge ofdiscrimination with the Commission al1ehing that Fanincrs Country

I i. ", 'lark'et VI.OIated T1'1Ie V'II .

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c o n d'Il.lons

prcecd ' cnt 'to

tIIe

m. stl.tutI.Oin .

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f

tll'i

S

Iawsu1l .. .

Ilave

bcen. .

fullilled.

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Charging Party Branuy F. Rivera was eillployed at Far~lCfs Country ~arket in

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Roswell, Ncw Mexico, as a cashier from approximately January to Mar9h, 2005. :

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Count~ Since at least Februarv, 2005, Defendant Fanners

Market has

cmplO~1lJellt pra~tices ViOlatil~n engaged in unlawful

at its R.oswell, New Mexico, stLe in

of Section

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., - I - . 703 (a) ofTitlt: VII, 42 U.S.c. S 2000e-2(a), by discriminating at~!ainst Brandy F. Rivera on the hasis
of sex and sUhjecting her to a hostile work enYlrolllnent due to sexual harassment. '

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Thcst! violations include. but are not limited to:

A) Unwelcome and inappropriate physical touching by a manager, including

hugging and kissing Ms. Rivera; ami'

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B) Unwelcome and inappropriate remarks of a sexl!al nature by a manager,

. . ' I .IIlC IUd'II1g dal'Iv '1ll\'.lta.llons.to d'Inner. te'11'II1g I1er''I1CIcou Id not re:si.st I1Ugg.lnt! I . -- ~

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. I : her and telling her he had video recorded her to watch on his hig screen TV.

. ' ' I 10. Since at least March 2005, Defcndant Fanncrs Country :vIarkct has cilgaged in i .

unlawful retaliatory conduct practices in violation of Section 704(a) an~d Title VII. :42 U.S.c. §

unl~\Vfid 2000e-3(a). The retaliation to which \1s. Rivera wa.s suhjected after she r.elLI rted the I

sexual

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harassment hy the manager to managcment officials includes, hut is not l,imited to: .

A) B)

furth~~ origin~IIY Denying Ms. Rivera

employment at the stJ.: she

worked;

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des~ite Denying Ms. Rivera further employment

her best ehorts to get

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another job in another of Respondent's stores, effectively terminating or

discharging Ms. Rivera's eniployment; and

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II" f': C) Constructively discharging and/or discharging M' s. "tvera or compIal.l1.l11g

about the sexual harassmcnt.

II. The effect o[the practices complained of in paragraphs 8 through 10 above has bcen
~ 'IT~' " dop" '" """dy F. R','om of","I om,loy"",,' oppo""",,, ""d 0 'h+" ruI""f'y he<
status as an employee because of her sex, female. and because Ms. Rivera complained about the.

sexual harassment.

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12. The unlawful emplO)11Jent practices complaincd of in paragraphs 8 thro~gh 10 abovc

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were int<::ntional.
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13. The unlawful cmploymcnt practices complained of in paragraphs S throl!gh 10 above

- ~fBrandY were donc with malice or with reckless indifferencc to the fcdcrallv IJI:otLtCd ril-!hts,

F.

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Rivera.

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. - I 14. Sincc at least January' 2005. Defendant Country Farmcrs Market has f:;iled. in I

e.s.c. violation of Section 711(a) of Title VII, 42

§ ZOOOe-IO(a), to post: and keep pdstect notices

I . or~ . w1li·eI1IJaV~ been prepa.red or approvedby t1lC C.om1111.SS.1011 settm. g f'ortI1'ex~crpts from SU111manes

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of thc pcrtincnt provisions of Tille VII and infonnation pertincnt to the filing ofa charge or

complaint.

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PRAYER FOR RELIEF
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I Whercfore, the Commission respectfully requcsts that this Court:

A.

Grant a pemlancnt injunction enjoining Dcfcndant F~m~ers Country: Market. its

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officers. successors, assigns, and all persons in active conc~rl or parlicipatibn with it, from engaging

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in discrimination on the bases of sex or retaliation.

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~aiyout POlici~s, B. Order Defendant Fanncrs Country Market 10 institule and

practiccs,

female~ and programs which provide equal emploY111ent opportunities for

m!d anyone who complains

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ahoul sexual harassmcnt, and which eradicate the effects of its pas,t and presenl unlawful

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employment practices.

C. Ordcr Defendant Fanners Country Market to make wholc Brandy F. Rivera by
b~ providing appropriate back pay wilh prejudgment interest. in amounts to detennined at trial, and

othcr aftirmative relief necessary to eradicate the effects of its. unlawful eblploymcnt practices.

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D. Order Defendant Fanners Country Market to make ',,;hole Brandy ~. Rivera by
~mplOymcnt providing compensation for past and future pecuniary losses resulting from t1lhe unlawful

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practices described abovc in amounts to be detemlined at trial.

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E.

. I Order Defendant Farmers Country Market to make whole Brandy F. Rivera by i

providing compensation for past and future non-pecuniary losses resulting from the u'nlawful

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practices described in paragraphs 8-10 above, includitig emotional pait;, rffering, in+nvenience,

. , I mental anguish, and loss of enjoyment of life, in amOlints to be determined at trial.

F. Order Defendant Fanners Country Market to pay puniti,:e damages for its malicious
J and/or reckless conduct dcscribed in paragraphs 8-10 above in amounts be detennit(ed at trial. I 1

G. Order Defendant Farmers Country Markel to post and Jeei) posted notices in

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accordance with the provisions of Section 711(a) of Title VII, 42 U.S.C. 2000c-10(a).

II. Grant such further relicf as the Court deems necessary Ld proper in the public

interest.

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Award the Commission its costs of this action.

JURY DEMAND

The Commission requests a trial by jury on all questions of fact raised by its ~omplaint.

DATED this 2"'; dav of Februarv, 2006. ' : "

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Respcctlully subm,itted,

JAMES L. LEE

Deputy General Counsel

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GWENDOLYN Y, OUI NG REA\1S

,'Associate General CIounsel

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EQUAL E\1PLOYMENT OPPORTUNITY
COMMISSIOK
ISOI LStreet, NW
Washington, D.C. 20507
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MARY .10 O'NEILl~
I Regional Attorney

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JOSEPH H. MITCHELL I
Associate Regional ,!tomey ,

EQUAL EMPLOYMENT OPPORTUNITY

COMMISSION I

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Phoenix District Ortice

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3300 North Central Avenue

Suite 690

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Phoenix,

Arizona

85012
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VERONICA A. MoLNA Trial Attorney

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LORETTA Senior Trial

MAtEtDorI'nNeA~

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EQUAL EMPLOYMENT OPPO,RTUNITY

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Albuquerque Area O,nice

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505 Marquette N\y, ~uite 900 :.

I ' Albuquerquc, •

Ncw
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MI exico

87102 t

(505) 248-5231 !

Attomcvs ,ror Plm.1nu'flf

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 IN THE l:NITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW MEXICO

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06AUG-7~
CLEj;(. - U.s Ci iuCES

EQCAL EMPLOYMENT OPPORTl:NITY COMMISSION,
Plaintiff.
v.
ALL A\.fERICAN MEAT,INC.. d!b/a FARMERS COl::\TRY MARKET.
Defendant.

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No. CIV-06-94 RB!LFG

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The United States Equal Employment Opportunity Commission (the "Commission" or "EEOC") tiled this acti(lIl against All American Meat. Inc. d hia Fanners Country Market ("All American" or "defendant") to enforcc Title VII of the Civil Rights Act of 1964. as amended, 42
* * LJ .S.c. 2000e et seq. ("Title VII") and the Civil Rights Act of 1991. 42 U.s.c. 19X Ia. In the
complaint. the Commission alleged that Brandy F. Rivera was suhjected to sexual harassment at Farmers Country Market in violation of Title VII. The Commission also alleged that defendant retaliated against Brandy F. Rivera by discharging and/or constructively discharging Ms. Rivera for complaining ahout the sexual harassment. Further, the Commission alleged defendant tailed to post and keep posted notices required pursuant to Title VII.
Thc parties do not object to the jurisdiction of the Court over this action and waive their rights to a hearing and the entry of tindings of fact and conclusions of law. This decree does not constitute an admission ofliability by All American Meat. Inc. d,hia Farmers Country Market, nor an adjudication on the merits of the allegations of the complaint. All American \.feat, Inc.. d;b'u Fanners Country Market expressly denies that it discriminated or retaliated against any party on any

basis under Title VII. It is hcrcby ORDERED. ADJUDGED AND DECREED: I. This decree resolvcs all claims of the Commission against dC'fcndant on behal f of Brandy
F. Rivcra. including claims lor back pay, compensatory and punitive damages. interest. injunctivc reliet: attorncy's fees and costs arising out of the issucs in this lawsuit.
INJU"'CTION 2. Defendant. its managers, agents, otlieers, cmplllYccs, SUt:t:CSSllrs and assigns and all pcrsons in active concert or partidpation with it, arc pennancntly enjoined !llr the duration of the decree !rom discriminating against any cmployec because "f his or her sex, including sexual harassment. Defendant. its managers, agents, otlicers, employees. SUt:Cl:SSLlrs and assigns and all persons in activl: concert or participation with it, arc alsll permanently enjoined from retaliating against any employee who: (a) opposes practices made unlawful by Title VII or a state equal employment opportunity statute: (b) makes a charge ofdiscriminatilln or assists or participatcs in an investigatilln or proceeding under Title VII or a state equal employment opportunity statute: llr (C) tiles an internal ellmplaint of discrimination. This injunction \\"ill remain in effed !llr the duration of the decree at any facility operatcd by dcfcndant in New \1cxicl).
RELIEF TO CHARGING PARTY 3. In accordance with this decree, defendant shall pay Brandy F. Rivera the total amount ofthirty seven thousand five hundred dollars and zero cents (53 7,500.(0) as compensatory damages. 4. Defendant shall pay the settlement amount within live (5) days "fentry (lfthc decrcc. Defendant shall mail thc check, via certified mail. to \ls. Rivera at the address pm\'ided by the EEOC. Within tivc days ofthc mailing of the check, defendant will submit a copy orthe check
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and related correspondence to the Regional attorney, Equal Employment Opportunity Cummission.

505 Marquette >':'W, Suite 900, Alhuquerque, New Mexi~(l X71 O~-~ IX9. Defendant or its insurer

will issuc a United Statcs Internal Revenue Service Form IOl)9 to Ms. Rivera Il)r the amount

designated as compensatory damagcs.

5. In accordance with defendant's representation of its pulicy, in response to any

employment inquirics or referencc checks directed to defendant concerning Arandy F. Rivcra,

defcndant will provide a neutral reference for Ms. Rivera and report her dates of employment.

position held, job duties and salary. This provision shall remain in ti)ree lilr sulong \ls. Rivera uses

defendant as a reference and is nut limited to the three (3) year duration of this decree.

Ii. Defendant shall not take any action against 13randy F. Ri vera or any other individual

in retaliation ti)r tiling a charge of employment discriminati(1Il or for participating, assisting or

tt:stifying in this action.

DEFE:'IIDANT'S CORRECTIVE POLICIES AND PRACTICES

7. Defendant shall institute and carry out policies and pradices that will provide a work

en\'ironment trec from sex discrimination, including policies. pro~edures and practices to pre\'ent

sexual harassment of its employees and other individuals, and that allow employees and other

individuals to raise eon~erns or cumplaints about matters made unlawful by Titk VII, whether

alleged. perceived or actual. withuut retaliation. To assist defendant in its ctfort to pro\'ide a work

environment tree ofsex discrimination, including sexual harassment. and retaliation, defendant shall

take thc actions provided tor in Paragraphs 8, 9, 12 and 1.1.

S.

Within sixty (60) days of the entry of this dccrel', defendant shall review any existing

policies on sex discrimination, including sexual harassmcnt, and retaliation and make any changcs

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necessary so that its policies and procedures comply with Titl.: VII. Should dd'endant not currently have an existing policy prohibiting sexual harassment and an dfective reporting procedure. within forty live (45) days of entrY of this decree dcfendant shall implement an dfective anti- harassment policy and procedure to receive employee complaints ofharassmcnt hased on sex. Defendant shall ensure its written policy includes a statement that employees arc .:ncouraged to complain directly to EEOC or any state equal opportunity agency. Within fifteen (15) days of reviewing and making any necessary revisions to its policy. or implementing an cffeeti\"t: anti-harassm.:nt policy and procedure. defendant shall distribute the revised sexual harassment policy and complaint procedur.: to each of its current full and part-time employees. and to each new .:mployee hir.:d for the duration of this decree. The policy and procedure sta((:ments that are pro\ided to ddcndant's employees should he designed to present easily understood, convenient. consistent. conlidential and reliahle procedures t(lr reporting incidents of sexual harassment and retaliation in ddendant's :'-JC\\' Mexico t:ldlitics. These procedures. at a minimum. shall include provisions incorporating the t(lllowing:
A. Defendant shall designate at least one employel' in a supervisory or managerial position to serve as investigative oftieer t'lr sc'xual harassment issues.
B. The name. responsihilities. work location. and telephone numherorthe investigative otlieer will routinely and continuously bc postcd and provided to all cmployees so that an employee seeking such name can enjoy an(ln~1l1ity and remain inconspicllous to other employees.
C. Complaints of sexual harassment or retaliation will he accepted in writing or orally and all complaints wi II be taken slTIously and ill\'cstigated.
D. Only those who have an immediate need to know. including the investigative
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otlicer(s). the alleged target of harassment or retaliation. tIll: alleged harasser(s) or

retaliator(s) and any witnesses. may tind out the identity of the complainant.

E. During an investigation of a sexual harassment complaint of an employee. the

investigative ofticer shall immediately interview all atlccted employees and potential

witnesses to the alleged harassment.

F. All parties contacted in the course of an imestigatiol1 will he advised that any

retaliation or reprisal against an individual who is an alleged target ofharassl1lent or

retaliation. who has made a complaint, or who has provided cvidence in connection

with a complaint will not he tolerated and could result in disciplinary action.

G. Each invcstigative officer will receivethof(lugh and appropriate training ahout sexual

harassment and retaliation. This training shall consist of at least tour (4) hours in

addition to that provided under paragraph 12 til' this decree.

H. Each investigative utlicer will have the responsibility for e.xpeditiously investigating

all complaints.

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The investigative onieer will recommend remedial measures. if appropriate. hased

upon the results of the investigation, and delcndant will promptly consider and act

upon such recommendation.

J. The investigative otlicer will maintain a file on the original complaint(s) and any

follow-up investigation.

9. Defendant's owners, stockholders, managers. oflicials. agents or employces who

cngage in sexual harassment or retaliation; who fail tn cooperatc with company-sponsored

investigations of sexual harassment or retaliation; or who refuse to implement remedial measures

will bc advised that they may he sanctioned severely by loss of income, suspension or dismissal.

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POSTING 10. Defendant shall post in prominent places frcqucnll'd by .:mploy.:es of defendant's New Mexico facilities. the ;\;otice attaehed to this decree as Exhibit A. This Notice shall he the same type, style and size as in Exhibit A. This provision shall sun'i\"(: thl' expiration of this deere.:. II. Within thirty (30) days of entry of this deer.:.:. defendant shall post and keep posted notices which have hecn prepared or approvcd by the Commission setting forth cxcerpts trom or summaries of the pertinent provision of Title Vll and inl("lflnation pertinent to the tiling of a charge or complaint. This provision shall survive the expiration of this decree.
TRAINI:'o/G 12. Defendant shall provide training on sex diserimination, induding sexual harassment, and retaliation according to the t()lIowing terms: A. Defendant shall provide at least four (4) training sessions during the term of this
decree. All managers. supervisors and employees at New ivlexieo ttlcilities o\\'ni:d or operated hy defendant. shall attend the training. Duplicative s.:ssiolls may hc hdd to accommodate statting needs. Defendant shall be responsible f(lr all eosts associated with this training. B. During the first year ofthe decree, the first training session shall he conducted within three (3) months of entry of this decree. The seeond training session shall be conducted within nine (9) months of entry of this dcerec. Additional training shall be conducted onee each remaining year of this decree.
c. Defendant shall select a qualified trainer and shall submit the trainer's name. resume,
training agenda and the daters) ofthe prop(lsed training to the Regional Attllmeyof the Alhuquerque Area Ottice of the Equal Employment Opportunity Commission within f(lrty-five (45) days of the entry of this decree. During the second and third
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years of the decree, the above infonnation shall he suhmitted to the Regional Attorney at least sixty (60) days prior to the scminar-training session, The Commission shall have thirty days from the date of receipt of the information descrihed ahove to accept or reject the proposed consultant,'lecturer and,'or the contents of the seminar. In the event the C()mmission docs not approve defendant's designated consultantllecturer, the Commission shall designate the consultanli lecturer at a cost not to exceed SI000,00 per seminar-training session which shall he paid hy defendant D, The training shall include a minimum of f"ur (4) hours of instruction, All personnci, designated in Paragraph A shall hoth n:gister and attend the training, The registry of attendance shall be retained by defendant at least t,'r the duration of the decree, [, The training, at a mll11Um shall include the suhjects of: what constitutes sex discrimination, including sexual harassment. and retaliation: that sex discrimination in the hiring, firing, compensation, assignment or other tenns, conditions or pri\'ilcges of emplo}1nent and retaliation \'iolut.:s Title Vll; how to prevent sex discrimination and retaliation: how to pro\'ide a work en\'ironment tree trom sex discrimination, sexual harassment, and retaliation: and to whom and hy \\'hat means employees may complain ifthey feel they hu\'c heen suhjected to sex discrimination, sexual harassment or retaliation in the workplace, F, Immediately tllilowing the training sessions, defendant's highest ranking management ollicial shall speak to the cmpl(lyees about: ( I) potential discipline that can he taken against owncrs, stockholders, supervisors, managers and employees who commit acts of sex discrimination or retaliation or who allow sex discrimination or
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retaliation to occur in the workplace: (2) th<: importan.:e or maintaining an environment tree of sex discrimination and retaliation: and (3) the employer's policies regarding sex discrimination. sexual harassment and retaliation. This time shall not be counted toward the four-hour minimum training required in paragraph 12.0. G. For the duration of this decree. at or around the time of hire. <:mployees hired atkr the annual training is presented. shall vic\\' a video tape of the training andlor a protessional training tape which covers the topil:s set t()rth in paragraph II.E. and shall be given any written material disseminated at the training. 13. The Commission. at its discretion. may d<:signate Commission repr<:s<:ntatives to attend and participate in the training sessions described abo\c.
REPORTING BY DEFENDANT A:'IID ACCESS BY EEOC 14. Defendant shall report in writing and in aflida\'it t(mn to the R<:gional Attorney of the Commission's Albuquerque Area Otlice at 505 Marquettc NW. Suit<: 900. Alhuquerque. N<:w \1exico X71 02-2189. every six months during the tirst year Irom the date or entry of this decree. and then every twelve (12) months during the second and third years of this decr<:e the I()llowing information: A. Any changes. moditications. revocations. or re\'isions to its policies and procedures
which concern or atled the subject of sex discrimination. sexual harassl1l<:nt. and retaliation. B. The name. address. position. social security numher and telephone numb<:r of any employee who during the six months preceding the rep()rt during the tirst year 0 rthe decree. and during the 12 months preceding th<: r<:port during the sl'cond and third years ofthe decree. has hrought allegations 0 r sex discriminat ion. sex ual harassment.
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or retaliation arising from activities in defendant's New \1cxieo fa.:ilities against defendant or its personnel. The nature of the complaint, in\'estigatory efforts made by dct(:ndant and the corrective action taken. if any, shall he specified. C. The registries of persons attending each of the seminar-training sessions required in paragraph 12 of this decree and a list ofcum:nt employees on the day of the seminartraining session. D. An affidavit by defendant stating: (I) the 'otices required in paragraphs 10 and II of this decree were posted and the locations wherc they w<:re posted. and (2) it has complied with paragraphs 8, 9. 12 and 14 of this decree. 15. The Commission upon reasonable notice shall ha\'e the right to enter and inspect the premises of defendant's New Mcxiw facilities to insure compliance with this dcen:e and federal anti-discrimination laws.
COSTS AND DURATIO~ 16. Each party shall hear its costs and attorney's t(:cs incurred as a result of this adion through the entry of this decree.
. 17. The duration of this decree shall be three (3) .vears from its entr\'. This Court shall
retain jurisdiction of this action tilr the duration of the decree. during which the Commission may petition this Court for compliance with this decree. Should the Court detennine that defendant has not complied with this decree. appropriate relict: including extension of this decree for such period as may he necessary to n.:medy its non-compliance, may he ordered.
I S. This decree shall expire by its own terms at the end of three (3) years after entry, without further action hy the parties.
19. The parties agree to entry ofthis decree andjudgment suhjl!ct to tinal approval hy the Court.
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L ENTERED Al\!D ORDERED this

day of ~ 2006.

APPROVED AND CONSENTED TO:
Tandy L. Hunt TANDY HUNT. P.C'. I 16 E. Country Club Roswell. :\M 8820 I Attorneys t()r Defendant

H~~CK
L!NITED STATES DISTRICT JUDGE

James I.. Lee Deputy (ieneral Counsel

Gwenti(llYl1 Young Reams Associate General Cnuns.:!

EQUAL [MPI.OY\1ENT OPPORTUNITY

COM:'vIlSSION

1801 L. SIrl'ct, 'Y,.W. ~~ton, D.C'. 20507

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MARY JO cr'Y,EILL

. 'r~J-,6,--

Regional Attllrney

~JAJ~~_ ~A.~·~I-r,A.J

SALL'{ SHANLEY

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Super\'isllry Trial Attorney

EQLAL E:'vlPI.O'{MENT OPPORTLNITY

COM\1ISSI0f\i

:::I.A . . 3300 N. Central Ave.. Suitc 690

t~ h;'~.

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VERO:\ICA A. MOU:\A

Trial Attorney

LORETTA :'vIEDINA Senior Trial Attorney

EQLAL EMPI.O'{MENT OPPORTl;'Y,IT'{ COMMISSION Albuquerqul' Area Onice 50S :'vlarquette :\.W.. Suite l)O() Albuquerque. New :'v1cxico X71 02 (505) 2-lR·523I

Attorneys t,'r Plaintiff

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NOTICE TO ALL EMPLOYEES OF FAR\IERS COUNTRY MARKET

[t is unlawful under the federal law (Title VII of the ('h·il Rights Act of 19(4) and state law to discriminate against an employee on the basis of sex in hiring, tiring, compensation or other terms, and conditions or privileges ofemployment, including scx ual harassment.

Farmers Country \-larket prohibits all forms of Sl'X discrimination, including sexual harassment. Prohibited sexual harassment includes, but is not limited to, the tllllowing conduct:

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unwelcome touching of a sexual nature:

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unwelcome comments, including comments regarding intimatl' body parts,

or clothing and discussion of sexual jokes or sexual behavior:

3,

unwelcome requests for dates, sexual ttl\",lrs and propositions:

4,

unwelcome distribution in thc workplace ofeartoons, pictures or drawings of

a sexual nature: and

5.

unwelcome display ofpomographk materials in the \\orkplace.

Farmers Country Market shall not discriminate on the basis of sex and shall not retaliate against any employee who opposes a practice made unlm\"l'ul under ti:derallaw, tiles, assists or participates in the tiling of a chargc of discriminati(ln or participates in any ill\·estigation under Title VII. or who tiles a grievance alleging discrimination.

[I' you believe you are being sexually harassed or retaliated against yllU should report this to the designated investigative officer at your workplace Wh(l may he wntacted at ____

If you helicvc you have been discriminated against elr retaliated against hy Fanners Country \-larkct, you always have the right to seck assistance from:
I) Equal Emplo}111cnt Opportunity Commission (EEOe),SOS \>Iarquctlc, Suite \lOO, Albuquerque, \'ew Mexico 87102, 1-800-66\l-4000, or
(2) :>Jew Mexico Department of Labor, Human Rights Division, 1596 Pacheco St., Suite 103, Santa Fe, New Mexico 87505, 50S) S27-6XJX.
You have the right to file a charge with the EEOC or the Department ofLahor if you believc you arc hcing discriminated against.
EXHIBIT A

 
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MTNDDL, TERMED, TRANSF
U.S. District Court District of New Mexico - Version 3.0 (Las Cruces) CIVIL DOCKET FOR CASE #: 2:06-cv-00094-RB-LFG

EEOC v. All American Meat Assigned to: District Judge Robert Brack Referred to: Magistrate Judge Lorenzo F. Garcia Demand: $0 Cause: 42:2000e Job Discrimination (Employment)

Date Filed: 02/02/2006 Date Terminated: 08/07/2006 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

Plaintiff
Equal Employment Opportunity Commission

represented by Gwendolyn Young Reams EEOC Legal Counsel Office 1801 L Street, NW Washington, DC 20507 (202) 663-4669 Fax: 663-4639 LEAD ATTORNEY ATTORNEY TO BE NOTICED

James L Lee EEOC Legal Counsel Office 1801 L Street, NW Washington, DC 20507 (202) 663-4669 Fax: 663-4639 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Joseph H Mitchell EEOC Phoenix District Office 3300 North Central Avenue #690 Phoenix, AZ 85012-1848 (602) 640-5000 Fax: 640-5009 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Loretta F Medina EEOC 505 Marquette, NW #900 Albuquerque, NM 87102

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V.
Defendant
All American Meat, Inc. doing business as Farmers Country Market

Date Filed

#

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(505) 248-5230 Fax: 248-5217 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Mary Jo O'Neill EEOC Phoenix District Office 3300 North Central Avenue #690 Phoenix, AZ 85012-2504 (602) 640-5000 Fax: (602) 640-5009 Email: mary.oneill@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED
Veronica A Molina Equal Employment Opportunity Commission Legal Unit 505 Marquette N.W., Suite 900 Albuquerque, NM 87102 (505) 248-5231 Fax: (505) 248-5217 Email: veronica.molina@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Loralee D Hunt 116 E Country Club Rd Roswell, NM 88201 (505) 622-1776 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Tandy L. Hunt 116 E Country Club Rd Roswell, NM 88201-6521 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Docket Text
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02/02/2006 02/02/2006 02/17/2006 02/17/2006 03/10/2006 03/10/2006 03/10/2006
04/20/2006 05/03/2006 05/03/2006 05/03/2006 05/03/2006 05/11/2006 05/15/2006
05/15/2006 05/30/2006

1 COMPLAINT for Discrimination w/jury demand (1 Summons(es) issued) (referred to Chief Magistrate Lorenzo F. Garcia) (nc) (Entered: 02/03/2006)
LETTER re: consent to proceed before a US Magistrate Judge (nc) Modified on 02/03/2006 (Entered: 02/03/2006)
2 NOTICE by pltf of Refusal to Consent to Proceed before a US Magistrate Judge (nc) (Entered: 02/17/2006)
3 MINUTE ORDER: transferring case to the Las Cruces Division and reassigning case from Magistrate Judge Richard Puglisi to District Judge Robert Brack (cc: all counsel*) (sl) (Entered: 02/17/2006)
4 ANSWER by defendant All American Meat [1-1] * (sl) (Entered: 03/10/2006)
5 ENTRY OF APPEARANCE for defendant by Loralee Hunt and Tandy Hunt* (sl) (Entered: 03/10/2006)
6 INITIAL SCHEDULING ORDER by Chief Magistrate Lorenzo F. Garcia Telephonic Rule 16 scheduling conference set for 5/3/06 at 2:00 pm; provisional discovery plan and IPTR due on 4/28/06 (cc: all counsel*) (sl) (Entered: 03/10/2006)
7 PROVISIONAL DISCOVERY PLAN by the parties* (dmw) (Entered: 04/20/2006)
8 CERTIFICATE of service by plaintiff of initial disclosures to counsel on 5/1/06* (sl) (Entered: 05/03/2006)
10 ORDER by Chief Magistrate Lorenzo F. Garcia assigning standard track and setting pretrial deadlines Discovery cutoff 10/2/06 ; Motion Filing cutoff 11/3/06 ; Pretrial order ddl 1/3/07 (cc: all counsel*) (sl) (Entered: 05/04/2006)
9 CLERK'S MINUTES: before Chief Magistrate Lorenzo F. Garcia Rule 16 scheduling conference held (sl) (Entered: 05/04/2006)
11 ORDER by Chief Magistrate Lorenzo F. Garcia adopting attorneys provisional discovery plan [7-1] except as modified by the IPTR (cc: all counsel) (sl) (Entered: 05/04/2006)
12 CERTIFICATE of service by plaintiff of first request for production of documents and first set of interrogatories to counsel on 5/10/06* (sl) (Entered: 05/11/2006)
13 INITIAL PRE-TRIAL REPORT District Judge Robert Brack and Chief Magistrate Lorenzo F. Garcia; Discovery set for 10/2/06; mtn filing ddl set for 11/3/06; proposed pretrial order due 1/3/07; Estimated # of Trial Days: 4-6; Chances of Settlement: unknown (cc: all counsel) (bc) (Entered: 05/15/2006)
14 NOTICE of hearing; Pretrial conference set for 02/02/07 @ 8:30 am; Final pretrial conference set for 03/02/07 @ 8:30 am; Jury trial set for 04/02/07 @ 9:00 am (cc: all counsel) (bc) (Entered: 05/15/2006)
15 CERTIFICATE by defendant of service of offer of judgment to counsel on 5/30/06* (dmw) (Entered: 05/31/2006)

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05/31/2006 06/23/2006
06/29/2006 07/03/2006 07/06/2006 08/07/2006

16 CERTIFICATE of service by plaintiff of 1st supplemental initial disclosures to counsel on 5/31/06 * (vv) (Entered: 05/31/2006)
17 CERTIFICATE of service by defendant of answers to pltf's first set of interrogatories and request for production to counsel on 6/23/06* (sl) (Entered: 06/26/2006)
18 MOTION by defendant to amend answer to complaint * (sl) (Entered: 06/29/2006)
19 ORDER by Chief Magistrate Judge Lorenzo F. Garcia granting deft's motion to amend answer to complaint [18-1] (cc: all counsel) (jrm) (Entered: 07/03/2006)
20 ORDER by Chief Magistrate Lorenzo F. Garcia setting settlement conference for 9/29/06 at 9:00 am (cc: all counsel*) (sl) (Entered: 07/07/2006)
21 JUDGMENT and Decree by District Judge Robert Brack (cc: all counsel) (rg) (Entered: 08/09/2006)

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