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FEB ?-, 0 ZD01
ROBE~M~ELL, CLk~

EQU~E~LO~NTOPPORKI~g-01 "0818

CO~SSION,

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Plaintiff,

CIVIL ACTION NO.
JUDGE jAMES

Vo
JONESBORO MANUFACTURING, INC. Defendant.

COMPLAII’qT
N AGISTRATE JUDGE KIRK
JURY TRIAL DEMAND

COMPLAINT SEEKING MONETARY AND INJUNCTIVE RELIEF WITH JURY DEMAND NOW INTO COURT, through undersigned counsel, comes Plaintiff, the United States Equal Employment Opportunity Commission, and files its Complaint Seeking Monetary and Injunctive Relief with Jury Demand. Plaintiff respectfully avers as follows;
NATURE OF THE ACTION This is an action under Title VII of the Civil Rights Act of 1964 and Title I of the Civil Rights Act of 1991, to correct unlawful employment practices on the basis of sex, and to provide appropriate relief to Connie Reed ("Reed"), and other similarly situated female employees, who were adversely affected by being harassed and/or constructively discharged, or otherwise adversely treated, because of sex (female).

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 Section 706 (f)(1) and (3) of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. Sections 2003-5(0(1) and (3) and 6. ("Title VII") and Section 102 of the Civil Rights Act of 1991, 42 U.S.C. Section 1981a. 2. The employment practices alleged to be unlawful were and are now being committed within the jurisdiction of the United States District Court for Westem District of Louisiana, Monroe Division.
PARTIES 3. 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 Section 706(f)(1), 2 and (3) of Title VII, 42 U.S.C. Section 2000e-5(f)(1), (2) and (3).
4. At all relevant times, Defendant, Jonesboro Manufacturing, Inc., ( the "Employer"), has continuously been a Louisiana corporation doing business in the State of Louisiana and the City of Jonesboro, and has continuously had at least 15 employees.
5. At all relevant times, Defendant Employer 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. Sections 2000e(b), (g) and (h).
2

STATEMENT OF CLAIMS 6. More than thirty days prior to the institution of this lawsuit, Ms. Connie Reed filed a charge with the Commission alleging viol’ations of Title VII by Defendant Employer. All conditions precedent to the institution of this lawsuit have been fulfilled. 7. Since at least March 20, 1996, Defendant Employer has engaged in unlawful employment practices at its Jonesboro, Louisiana facility, in violation of Section 703 and 704 of Title VII, 42 U.S.C. 200e-2 and 2000e-3. 8. Specifically, Ms. Connie L. Reed began her employment with the Defendant on or about March 20, 1996, as a machine operator. At the onset of her employment at the Defendant’s Jonesboro facility, a mechanic at the facility began to make advances toward Ms. Reed these advances continued for over a year. Said advances included the following unwanted advances:
During the summer of 1997, the harasser gave her a cassette of love songs; On September 12, 1997, the harasser told a co-worker that he was going to have sex with Ms. Reed; On September 12, 1997, the harasser told Ms. Reed that he wants to get between Ms. Reed’s legs with his tongue; In late September, 1997, the harasser told Ms. Reed that he loved her; 9. On October 2, 1997, Ms. Reed could no longer tolerate the Defendant’s indifference to her sexual harassment complaints and felt forced to resign. Specifically, on this date, the Superintendent came to the facility and took no remedial action against the person who was harassing Ms. Reed. Believing no action would ever be taken, since the harassment has gone on for more than a year, Ms. Reed believed she had no other recourse but to resign her position.

10. Ms. Reed reported the conduct of her harasser to her immediate plant supervisor. The mechanic was given a verbal warning. A second management official was notified and also gave the harasser a verbal warning. After a brief lull in the harassment, the harasser again began making the sexually offensive actions toward Ms. Reed and other females at the plant. Ms. Reed again complained to the Defendant’s management officials. Again, nothing was done beyond the harasser being given another verbal warning.
11. Other females stated that the mechanic had made the sexually offensive remarks to them, yet, no corrective action was taken.
12. The Defendant has an anti-harassment policy which is maintained in the main plant in Monroe, LA. However, all of the sexually offensive actions described herein occurred in the Jonesboro facility. There is no policy distributed or posted in the Jonesboro facility.
13. Defendant officials with managerial and/or supervisory authority, who were "agents" of Defendant within the meaning of Title V~, were aware, or should have been aware, of the sexual harassment to which Reed and other similarly situated female employees were being subjected, but failed to take prompt, effective, appropriate remedial measures in response.
14. The Defendant did not take appropriate reasonable steps to prevent Reed from being subjected to illegal harassment
15. The unlawful practices of Defendant complained of herein have deprived Reed and other female employees in like or related situations, of equal employment opportunities and have otherwise adversely affected the conditions of their employment, and their status as employees, because of their sex (female).
16. The unlawful employment practices complained of herein were intentional.

17. Defendant engaged in the unlawful employment practices complained of herein

with malice and/or with reckless indifference to Reed’s federally protected rights and those of

persons in like or related circumstances.

PRAYER FOR RELIEF

WHEREFORE, the Commission respectfully requests that this Court:

mo

Grant a permanent injunction enjoining Defendant, its officers, successors,

assigns, and all persons in active concert or participation with it, from engaging in

harassment against employees because of their sex and from engaging in any other

employment practice which discriminates on the basis of sex or which effectuates

retaliation against any person for having engaged in activity protected by Title VII;

Bo

Order Defendant to institute and carry out policies, practices, and programs which

provide equal employment opportunities for female persons, and which eradicate the

effects of its past and present unlawful employment practices, including but not

limited to an effective anti-harassment policy;

Co

Order Defendant to make whole Reed, and any individuals in like or related

situations, by providing compensation for past and future pecuniary losses resulting

from the unlawful employment practices described above, including but not limited

to lost wages, in amounts to be determined in the course of the proceedings;.

D°

Order Defendant to make whole Reed, and any individuals in like or related

situations, by providing compensation for past and future nonpecuniary losses

resulting from the unlawful practices complained of herein, including but not limited

to emotional pain, suffering, inconvenience, loss resulting from unlawful practices

complained of herein, including but not limited to emotional pain, suffering,

inconvenience, loss of enjoyment of life, and humiliation, in amounts to be

determined in the course of the proceedings;

Eo

Order Defendant to pay punitive damages for its malicious and reckless conduct

described above, in amounts to be determined at trial;

F. Award the Commission its costs of this action; and,

Go

Grant any and all other relief, legal or equitable, which the Court deems necessary

and proper in the public interest.

JURY TRIAL DEMAND
In accordance with Rules 38 and 39 of the Federal Rules of Civil Procedure, the Commission
hereby requests a jury on all issues raised in the instant Complaint which may be tried by jury.
GWENDOLYN YOUNG REAMS Associate General Counsel No Bar Roll Number Assigned
~-’i"TIt I~’. HiLL
Regional Attorney
MIC ~/ELLE T. BUTLER Supervisory Trial Attorney E.D. Bar Roll No. 1286
#Y~NCY A.(-G)A’~TER ~ ~,.2~nior Trial Attorney
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
New Orleans District Office 701 Loyola Avenue, Suite 600 New Orleans, LA 70113 (504) 589-6817 (504) 589-2701 FAX (504) 589-2805
REGISTERED AGENT FOR SERVICE OF PROCESS FOR: JONESBORO MANUFACTURING, INC.
N. E. Hakim 2813 DeSiard Street Monroe, LA 71201
6

 
 Case 3:01-cv-00313-RGJ-JDK

Document 8

Filed 08/06/2001

Page 1 of 3
U.S. DISTRICT COURT WESTERN DISTRICT OF LOUISIANA
FILE"D

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF LOUISIANA

ROBERT
BY -+---f-.o~.......-

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Plaintiff
v.
JONESBORO MANUFACTURING, INC.
Defendant

§ CIVIL ACTION NO.

§

CVOI-0313

§

§ DIVISION "M"

§ JUDGE ROBERT JAMES

§

§ MAGISTRATE

§ JAMES D. KIRK

§

§

§

NOTICE OF VOLUNTARY DISMISSAL PURSUANT TO RULE 41(a) (1)

OF THE FEDERAL RULES OF CIVIL PROCEDUtuf

.

NOW COMES Plaintiff, the Equal Employment Opportunity Commission, who files

this voluntary dismissal of the captioned lawsuit, without prejudice, pursuant to Rule 41(a)(l) of

the Federal Rules of Civil Procedure. Plaintiff avers that no Answer has been filed by the

Defendant, thus a Court Order is not required.

Respectfully Submitted,
Gwendolyn Y. Reams Acting Deputy General Counsel No Bar Roll Number Assigned
-1iF::rJ~
Regional Attorney E.D. Bar Roll No. 15200000

®

Case 3:01-cv-00313-RGJ-JDK Document 8 Filed 08/06/2001 Page 2 of 3
> '
Supervisory Trial Attorney Bar Roll Number 1286
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 701 Loyola Avenue, Suite 600 New Orleans, Louisiana 70113 Telephone: (504) 589-6817
(504) 589-6942 Facsimile: (504) 589-2805

Case 3:01-cv-00313-RGJ-JDK Document 8 Filed 08/06/2001 Page 3 of 3

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~u~. cS.~~6~~E\ MP~l)YMENT OPPORTUNITY COMMISSION

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Orleans

District

Office

701 Loyola Avenue, Suite 600 New Orleans, LA 70113-9936

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(504) 589-2329 TTY (504) 589-2958

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FAX (504) 589-6861

Yancy A. Carter

Senior Trial Attorney

Direct Dial:

(504)-589-2701

August 3,2001
u.s. MAIL
Mr. Robert Shemwell, Clerk of Court United States District Court 300 Fannin Street, Suite 1167 Shreveport, Louisiana 71101

RE : EEOC v. Jonesboro Manufacturing Inc. , Case No. CVOI-0313-M

Dear Mr. Shemwell:

Enclosed please find EEOC's Notice of Voluntary Dismissal Pursuant to Rule 41 (a)(l) that it would like file in the above referenced matter. Please return a file stamped copy to our office in the enclosed self-stamped envelope.

Very truly yours,
d!':~~~
Senior Trial Attorney U. S. Equal Employment Opportunity Commission

cc: John Monroe

VVlO
" ,4) ,

 
 CM/ECF - U.S. District Court:Western District of Louisiana - Docket Report

Page 1 of 3

U.S. District Court Western District of Louisiana (Monroe) CIVIL DOCKET FOR CASE #: 3:01-cv-00313-RGJ-JDK

CLOSED

E E O C v. Jonesboro Mfg Co Assigned to: Judge Robert G James Referred to: Magistrate Judge James D Kirk Demand: $0 Cause: 42:2000 Job Discrimination (Sex)

Date Filed: 02/20/2001 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: Federal Question

Plaintiff
Equal Employment Opportunity Commission

represented by Yancy A Carter Law Office of Yancy A Carter P O Box 6785 New Orleans, LA 70174 504-394-7004 Fax: 504-821-8256 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Keith T Hill E E O C (HOU) 1919 Smith St Ste 700 Houston, TX 77002-8049 US 713-209-3320 Fax: 209-3381

Michelle T Butler E E O C (NO) 1555 Poydras St Ste 1900 New Orleans, LA 70112 504-589-6817

V. Defendant Jonesboro Manufacturing Co

represented by Joseph D Guerriero Luv n' care 3030 Aurora St Monroe, LA 71201 US 318-338-3603 Fax: 318-388-5892 Email: joed@luvncare.com LEAD ATTORNEY

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CM/ECF - U.S. District Court:Western District of Louisiana - Docket Report

Page 2 of 3

Date Filed 02/20/2001 02/20/2001 02/20/2001 07/30/2001 07/30/2001 07/31/2001
07/31/2001 08/02/2001
08/03/2001

ATTORNEY TO BE NOTICED
Frederick L Douglas Ford & Harrison 1275 Peachtree St N E Ste 600 Atlanta, GA 30309 404-888-3842
John L Monroe, Jr Ford & Harrison 1275 Peachtree St N E Ste 600 Atlanta, GA 30309 404-888-3842 ATTORNEY TO BE NOTICED

#

Docket Text

Amount of fee $0/USA Plaintiff. (Gilmer, P) (Entered: 02/27/2001)

CASE ASSIGNED to Magistrate Judge James D Kirk for discovery. (Prest, B) (Entered: 02/27/2001)

1 COMPLAINT filed w/jury demand. (Prest, B) (Entered: 02/27/2001)

2 MOTION w/ brief by Jonesboro Mfg Co to dismiss plaintiffs claims for failure to timely serve summons and complaint (McInnis, S) (Entered: 07/31/2001)

5 MOTION by Jonesboro Mfg Co for John L Monroe Jr and Frederick L Douglas to appear pro hac vice with Proposed Order referred to Magistrate Judge James D Kirk (McInnis, S) (Entered: 07/31/2001)

3 NOTICE OF SETTING: Motion day set on 9/20/01 for [2-1] motion to dismiss plaintiffs claims for failure to timely serve summons and complaint before Judge Robert G James. NOE by: sem (McInnis, S) (Entered: 07/31/2001)

4 STANDING ORDER regarding Rule 26(f) for cases assigned to Judge Robert G James sent to pending counsel of record. (signed by Judge Robert G James) NOE by: sem (McInnis, S) (Entered: 07/31/2001)

6 ORDER granting [5-1] motion for John L Monroe Jr and Frederick L Douglas to appear pro hac vice; added John L Monroe, Frederick L Douglas as pro hac vice attorney (signed by Magistrate Judge James D Kirk) NOE by: sem (McInnis, S) (Entered: 08/03/2001)

7 MINUTE ENTRY: This case is reassigned to Magistrate Judge Karen L Hayes for discovery purposes. The [2-1] motion to dismiss plaintiffs claims for failure to timely serve summons and complaint is referred to Magistrate Judge Karen L Hayes. (signed by Judge Robert G James) NOE by: cww (Whidden, C) (Entered: 08/06/2001)

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CM/ECF - U.S. District Court:Western District of Louisiana - Docket Report

Page 3 of 3

08/06/2001 08/06/2001

8 NOTICE of voluntary dismissal pursuant to Rule 41(a)(1) (Whidden, C) (Entered: 08/07/2001)
Case closed (McInnis, S) (Entered: 09/18/2001)

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