Case 5:05-cv-01515-DEW-KLH Document 1-1 Filed 08/22/2005 Page 1 of 7

RECEIV~b~

r ll,UG 2 2 2005

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IN THE UNITED STAJES DISTRICT COURT
FOR THE WESTERN DISTRICT OF LOUISIANA SHREVEPORT DIVIllQN

EQUAL EMPLOYMENT OPPORTIJNITY

) .

s

COMMISSION,

Plaintiff

)

)

CIVIL ACTION NO.

)
) .

v.

)

~ TASA, INC. D/B/A ORR MINDEN COUNTRY

CHEVROLET,

)

)

Defendant

)

COMPLAINT
JUDGE WALTER
ruRYTRIALDEMAND
'.
IV'U\GISTR/\TE J~DGE HAYES

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 race and

discriminatory retaliation, and to provide appropriate relief to David Thompson who was

adversely affected by such practices. As more particularly described in the Statement ofClaims

section of this Complaint, the United States Equal Employment Opportunity Commission

(hereafter referred to as "the Commission") alleges that David Thompson, an African American,

was unlawfully discharged by the Defendant in retaliation for having filed a charge of

employment discrimination based on his race with the Commission.

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)(l) and (3) of

Case 5:05-cv-01515-DEW-KLH Document 1-1 Filed 08/22/2005 Page 2 of 7
Title VII ofthe Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e-5(f)(l) and (3) ("Title Vll") and Section 102 oftbe Civil Rights Act of 1991,42 U.S.C. § 198la.
2. The employment practice alleged to be unlawful in this Complaint was committed within the jurisdiction of the United States District Court for Western District of Louisiana, Shreveport 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)(l) and
(3) ofTitle VII, 42 U.S.C. § 2000e-5(f)(l) and (3).
4. At all relevant times, the Defendant, Tasa, Inc. d/b/a Orr Minden Country Chevrolet (the "Employer..), has continuously been a Louisiana corporation doing business in the State of Louisiana and the City of Minden, 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. §§ 2000e(b), (g) and (h).
STATEMENT OF CLAIMS 6. More than thirty days prior to the institution of this lawsuit, David Thompson
filed a charge with the Commission alleging vioiations ofTitle VII by Defendant Employer. All
conditions precedent to the institution of this lawsuit have been fulfilled.
2

Case 5:05-cv-01515-DEW-KLH Document 1-1 Filed 08/22/2005 Page 3 of 7
..
7. Since at least 2003, Defendant Employer engaged in an unlawful employment
practice at its automobile dealership known as Orr Minden Country Chevrolet in Minden,
Louisiana, in violation ofSection 704 of Title VII, 42 U.S.C. § 2000e-3. On October 17, 2003, Defendant Employer discharged David Thompson as a result of a charge ofemployment discrimination based on race that he filed against the Defendant Employer with the Commission. The Defendant Employer's owner Larry Coker, while aware ofDavid Thompson's Commission charge filing, personally discharged Mr. Thompson purportedly for performance, attendance and/or attitude issues. At the time of his discharge, Mr. Thompson had not received any employment-related discipline or warnings by the Defendant Employer. The Defendant Employer's discharge of David Thompson was motivated by the retaliatory animus of its owner Larry Coker.
8. The effect of the unlawful employment practice complained of in paragraph 7 above has been to deprive David Thompson of equal employment opportunities and to otherwise adversely affect his status as an employee, because ofdiscriminatory retaliation.
9. The unlawful employment practice complained of in paragraph 7 above was intentional.
10. The unlawful employment practice complained of in paragraph 7 above was done with malice or with reckless indifference to the federally protected rights of David Thompson.
3

Case 5:05-cv-01515-DEW-KLH Document 1-1 Filed 08/22/2005 Page 4 of 7
PRAYER FOR RELIEF
Wherefore, the Commission respectfully requests that this Court:. A. Grant a permanent injunction enjoining Defendant Employer, its officers, successors, assigns, and all persons in active concert or participation with it, from engaging in discriminatory retaliation. B. Order Defendant Employer to institute and carry out polic ies, practices, and programs which protect its employees from discriminatory retaliation, and which eradicate the effects of its past unlawful employment practice. C. Order Defendant Employer to make whole David Thompson by providing appropriate backpay with prejudgment interest, in amounts to be detennined at trial, and other affirmative relief necessary to eradicate the effeCts of its unlawful employment practice, including but not limited to appropriate frontpay. D . Order Defendant Employer to make whole David Thompson by providing compensation for past and future pecuniary losses resulting from the unlawful employment practice described in paragraph 7 above, including job-search expenses and medical-related expenses, in amounts to be determined at trial. E. Order Defendant Employer to make whole David Thompson by providing compensation for past and future nonpecuniary losses resulting from the unlawful practice complained of in paragraph 7 above, including emotional pain, suffering, inconvenience, loss of enjoyment of life, and humiliation, in amounts to be determined at trial.
4

..

Case 5:05-cv-01515-DEW-KLH Document 1-1 Filed 08/22/2005 Page 5 of 7

F. Order Defendant Employer to pay David Thompson punitive damages for its malicious and reckless conduct described in paragraph 7 above, in amounts to be determined at trial.
G. Grant such further relief as the Court deems necessary and proper in the public interest.
H. Award the Commission its costs ofthis action.
JURY TRIAL DEMAND The Commission requests a jury trial on all questions of fact raised by its complaint.

ERIC S. DREIBAND General Counsel

JAMES L. LEE Deputy General Counsel

Gwendolyn Young Reams
_;vll'-- Associate General Couns l
~~ c~t7vr. c~. ~

KErTH. T. HILL

Regional Attorney

No Bar Roll Number

~)4!3&

M J C i i E i BUT L E R

.

Supervisory Trial Attorney

Bar Roll No. 1286

N. ELEANOR GRAHAM, T.A. Senior Trial Attorney Bar Roll No. 16946
5

. .. . > •• Case 5:05-cv-01515-DEW-KLH Document 1-1 Filed 08/22/2005 Page 6 of 7
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION New Orleans District Office 701 Loyola Avenue, Suite 600 New Orleans, Louisiana 70113 Telephone: (504) 589-6922
(504) 589-6817 Telefax: (504) 589-2805
6

. Case 5:05-cv-01515-DEW-KLH Document 1-1 Filed 08/22/2005 Page 7 of 7 '

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

New Orleans District Office

701 Loyola Avenue, Suite 600

New Orleans, LA 70113-9936

Wriler's Direct Dial: (504) 589-6922

cvo5-I515 s

(504) 589-2329 TTY (504) 589-2958 FAX (504) 589-2805

VIA REGULAR U.S. MAIL

District Clerk of Court Western District ofLouisiana 300 Fannin Street Suite 1167 Shreveport, La. 71101-3083

August .18, 2005
RECE IV E~
AUG 2 2 2oos Yv
ROBERT H. SHEMWELL CLERC< W[SlfRU OISlRICT Of L6UIS1At.IA
SHR£V£PORT. LOUISIA~A

Re: Complaint & Consent Decree Documents - New Filing

Dear Sir or Madam:
The plaintiffU. S. Equal Employment Opportunity Commission submits the enclosed (1) Complaint with cover sheets for filing as a new action against Tasa, Inc. d/b/a Orr Minden Chevrolet; (2) Joint Motion to Approve and Enter Consent Decree and to Dismiss Plaintiffs Complaint; and (3) proposed Consent Decree, reflecting an agreement of the parties pre-suit, for the allotted Judge's signature and entry. We also have enclosed extra copies of all pleadings for you to clock and return to me in the enclosed self-addressed business envelope.

Thank you for your attention to this matter.

Sincerely,

neg\ Enclosures
xc: Andrew Texada Michelle Butler

N. Eleanor Graham Senior Trial Attorney

 
 Case 5:05-cv-01515-DEW-KLH Document 3 Filed 11/14/2005 Page 1 of 6

RECEIVED

USDC lNESTERN DISTRICT OF LA

RECEIVED

____ O~ATREO_BE1iRll-T-,H--.::xS!H-B1EM~ML''~N_E-,L--L-,-'C-"L-0.E,-,R,--K>"-_

CL- AUG 2 2 2005

UNITED STATESDRnlUCT COURT

OtsEfH H SHEt.'WflL CURK t':tSTfRII OiS1!UCT Of dIDls'A"....
SHI\IIJEPOFtT,lOU1SIA.tlA.

WESlERN DISTRICT OF LOmSIANA SHREVEPORT DIVISION

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff

• CV05-1515 S
• , •

•

CIVIL ACTION NO.

v.

* •

TASA,INC. DIBIA ORR MINDEN COUNTRY •

CHEVROLET,

•

JUDGE WAl TER

*

Defendant

*

CONSENT DECREE

The Equal Employment Opportunity Commission (''the Commission'') instituted this
action in the United States District Cowt for the Western District of Louisiana, charging Defendant Tasa, Inc. (''Tasa'') with violation of Section 704 ofTitle VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000eM 3("Titie VIr'). The Commission's suit alleges that
rasa discriminated against Mr. David Thompson ("Thompson" or "Mr. Thompson") by discharging him because he filed a charge of discrimination against Tasa with the Commission. The Commission's suit sought to provide injunctive relief and individual relief for Mr.
Thompson. The Commission and Tasa now wish to resolve all claims and controversies encompassed by this lawsuit without the burden, expense or delay of further litigation, subject, however, to the approval of this Court.

Case 5:05-cv-01515-DEW-KLH Document 3 Filed 11/14/2005 Page 2 of 6
THEREFORE, IT IS HEREBY AGREED BETWEEN THE COMMISSION AND TASA AND ORDERED, ADJUDGED, AND DECREED that:
JURISDICTION AND PROCEDURAL MATTERS 1. This Court has jurisdiction over the subject matter of this lawsuit and over the parties to this lawsuit 2. The purposes of Title VII will be ·furthered by the entry of this Decree. the tenns of which constitute a fair and equitable settlement 3. The negotiation, execution and entry afthis Decree will resolve any and all claims ofthe Title VII violations brought by the Commission against Tasa arising out of Commission Charge Number 270-2004-00009, which was filed by Richard Thompson, and this lawsuit. 4. This Decree relates only to the alleged violations of Title VII raised in Commission Charge Number 270-2004-00009 and by the Commission's suit It is expressly acknowledged and agreed by the Commission and Tasa that this Decree does not relate to or purport to settle any other charges, claims or suits against Tasa. 5. Neither the negotiation, execution nor entry of this Decree shall constitute an admission by Tasa that its officers, agents or employees have violated or have not been in compliance with Title VII or with any other applicable law, regulation or order.
INDMDUAL RELIEF 6. Within thirty (30) days after the entry of this Decree Tasa shall pay the sum of $60,000.00 ("SIXTY THOUSAND DOLLARS") as damages to Mr. Thompson in return for a dismissal of this suit
2

Case 5:05-cv-01515-DEW-KLH Document 3 Filed 11/14/2005 Page 3 of 6
INJUNCTIVE RELIEF A. TRAINING 7. Tasa agrees to conduct, for the duration of this Decree. an annual training program on Title VII, including its anti-retaliation provisions, for all ofTasa's officials,
managers, supervisors and employees in Louisuma. The initial training program shaH be
conducted within six (6) months from the entry of this Consent Decree. Six (6) months from the entry of this Consent Decree and annually thereafter as further provided in paragraph 10 of this Decree, Tasa or its counsel shall report all training that Tasa provided in compliance with this paragraph and paragraph 10 of this Decree to the Commission's New Orleans District Office Regional Attorney or his designee.
B. POSTING 8. In accordance with federal anti-discrimination laws that are enforced by the Commission, Tasa agrees to post conspicuously the Commission's poster entitled: "Equal Employment Opportunity Is The Law" in prominent and accessible places, where it can be readily observed by employees in all ofTasa's Louisiana business location(s). C. TASA'S PROMOTION POLICIES AND PROCEDURES 9. Tasa agrees to institute and follow promotion policies and procedures pursuant to which, for the duration of this Decree, it shall: (i) post all vacant positions before promoting any employee to the position; (ii) interview all qualified candidates for vacant positions; and (iii) maintain all applications, resumes, and all interview notes associated with such position(s).
3

Case 5:05-cv-01515-DEW-KLH Document 3 Filed 11/14/2005 Page 4 of 6
D. REPORTING 10. Tasa shall provide the Commission, through its Regional Attorney or his
designee, a total ofthree annual written reports, beginning six months after the entry of this
Decree and annually thereafter until expiration of this Decree's term. These reports shall include the date(s) training occurred, the names and positions ofthose who attended the training session(s), and a summary of the subject matters covered during the training session(s).
DURATION 11. This Consent Decree shall remain in force for three years after the date of entl)' of this Decree.
VALIDITY, ENFORCEMENT, AND MISCELLANEOUS PROVISIONS 12. Should any provision of this Decree be declared or be determined by any Court to be illegal or invalid, the validity of the remaining parts, terms and provisions shall not be affected thereby, and said illegal or invalid part, term or provision shall be deemed not to be a part ofthis Decree. 13. The Commission and Tasa will each bear its own attorneys' fees and costs incurred in cormection with the litigation of this lawsuit. 14. This Court shall retain jurisdiction over this action for the purpose of enforcing this Decree, if necessary; and either party is empowered to enforce this Decree through the applicable judicial enforcement procedures. 15. This Decree sets forth the entire agreement between the Commission and Tasa, and it fully supersedes any and all prior agreements or understandings between the Commission and Tasa pertaining to the subject matter herein.. There are no other provisions, agreements or
4

Case 5:05-cv-01515-DEW-KLH Document 3 Filed 11/14/2005 Page 5 of 6

understandings that are contained herein; and this Decree cannot be altered by oral agreement

between the parties, but only by written Court-ordered modification.

IT IS SO ORDERED.

t( Shreveport, Louisiana, this

day of+-lI--~l..oL_~ 2005.

UsOC, IJ\JRESEiECRENI~V~E~D~~CTLOEfRLKA

RoBERi 11

H,

SHE~

c S

-

D~E-

D~

-

BY -

STATES DISTRICT JUDGE

SUBMITTED AND APPROVED BY:

ff / ' Date:

if~

ERIC S. DREIBAND General Counsel No Bar Roll Number

JAMES L. LEE Deputy General Counsel

GWENDOLYN YOUNG REAMS Associate General Counsel No Bar Roll Number
~.//)y.AJL
~ITHi.LL~
Regional mey
~JO~L CHEI:LET:B1UR- . Supervisory Trial Attorney Bar Roll Number 1286

5

Case 5:05-cv-01515-DEW-KLH Document 3 Filed 11/14/2005 Page 6 of 6
N. ELEANOR GRAHAM Senior Trial Attorney Bat Roll Number 16946 EQUAL EMPLOYMENT OPPORTUNITY COMMISSION New Orleans District Office 701 Loyola Avenue Suite 600 New Orleans, LA 70113 Telephone: (504) 589·6922
(504) 589·6817 Facsimile: (504) 589·2805
and· STAFFORD, STEWART & POTTER Attorneys at Law 3112 Jackson Street Alexandria, Louisiana 71301 Telephone: (318) 487·4910 Facshnile: (318)4874917
By: ~iNl~k-AN WP.TE A Bar Roll No. 17825 ATTORNEYS FOR DEFENDANT TASA, INC.
6

 
 CM/ECF - U.S. District Court:Western District of Louisiana - Docket R... https://ecf.lawd.uscourts.gov/cgi-bin/DktRpt.pl?792423496473845-L_9...

U.S. District Court Western District of Louisiana (Shreveport) CIVIL DOCKET FOR CASE #: 5:05-cv-01515-DEW-KLH

CLOSED

Equal Employment Opportunity Commission v. Tasa Inc Assigned to: Judge Donald E Walter Referred to: Magistrate Judge Karen L Hayes Cause: 42:2000 Job Discrimination (Race)

Date Filed: 08/22/2005 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

Plaintiff
Equal Employment Opportunity Commission

represented by Nancy Eleanor Graham E E O C (NO) 1555 Poydras St Ste 1900 New Orleans, LA 70112 504-589-6817 Fax: 504-589-2805 Email: nancy.graham@eeoc.gov 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
Tasa Inc doing business as Orr Minden Country Chevrolet

represented by Andrew P Texada Stafford Stewart & Potter P O Box 1711 Alexandria, LA 71309 318-487-4910 Fax: 318-487-9417 Email: atexada@ssplaw.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

1 of 2

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CM/ECF - U.S. District Court:Western District of Louisiana - Docket R... https://ecf.lawd.uscourts.gov/cgi-bin/DktRpt.pl?792423496473845-L_9...

Date Filed 08/22/2005 08/22/2005 09/07/2005
11/10/2005
11/14/2005

#

Docket Text

1 COMPLAINT against Tasa Inc with Jury Demand filed by Equal Employment Opportunity Commission. (Attachments: # 1 Civil cover sheet)(crt,Dunford, T) (Entered: 08/26/2005)
2 JOINT MOTION to approve and enter consent decree and to dismiss plaintiff's complaint by Equal Employment Opportunity Commission, Tasa Inc. (Attachments: # 1 Text of proposed order)(crt,Dunford, T) (Entered: 08/26/2005)
NOTICE OF SERVICE SUSPENDED: Notice to counsel for plaintiff, N Eleanor Graham is discontinued in this case due to unsuccessful mail delivery resulting from Hurricane Katrina. Until mail delivery resumes and/or notification of a change of address or substitution of counsel is received, above-named counsel will not receive notice. (crt,Reeves, T) (Entered: 09/07/2005)
NOTICE OF SERVICE RESTORED: Notice to N Eleanor Graham has been RESUMED. Aforementioned counsel is advised that they will not recieve notice of any activity that occurred in this case from the time notice was suspended until this entry. Counsel should obtain a report of filings by running a Docket Activity for My Cases Report via PACER. (crt,Alvarez, S) (Entered: 11/10/2005)
3 CONSENT DECREE: Within 30 days after the entry of this Decree, Tasa shall pay the sum of $60,000.00 as damages to Mr Thompson in return for a dismissal of this suit. Signed by Judge Donald E Walter on 11/11/2005. (crt,McDonnell, D) (Entered: 11/14/2005)

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