IN THE CNITED STATES DISTRICT COURT FOR THE DISTRICT OF ;..jEW Y1EXICO

06 SEP 27 P,'i 4: 03 ~

Equal Employment Opportunity Commission,
Plaintiff. vs.
Cracker Ban·el Old Country Store, Inc.,
Defendant.

) ) )
) ) COMPLAI1'<T A;..jD ) JURY TRIAL DEMAND )
~ CIV elY - 0 6 - 0 9 2 0 MV WDS
) )

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NATL'RE OF ACTIO:'ol

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 alleged unlawful employment practices on the bases of sex and

retaliation and to provide appropriate relief to Jennifer Jackson. Lorraine Provencio and a class

of females who were adversely affected by such practices. Ms. Jackson, Ms. Provencio. and

other female employees were discriminated against by Defendant when they werc sexually

harassed by Daniel Guzman, a management official of Cracker Barrel Old Country Store, Inc. In

addition, Ms. Jackson, Ms. Provencio, and other female employees were retaliated against

because they opposed the harassment.

JURISDlCTIO:'ll AND VEI\UI~

I. Jurisdiction of this Court is invoked pursuant to 28 U.S.c. §§ 451, 1331, 1337, 1343 and

1345. This action is authorized and instituted pursuant to Sections 706(f)(1) and (3) ofTitie VII

of the Civil Rights Act of 1964. as amended, 42 U.S.c. §§ 2000e-5(f)(I) and (3) (nTitle Vlln)

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and Section 102 of the Civil Rights Act of 1991. 42 e.s.c. § 1<)81a.
2. The employment practices alleged to be unlawlill were committed within the jurisdiction of the United Stales District Court for the District of New Mexico.
PARTIES 3. Plaintiff, the Equal Employment Opportunity Comniission (the "Commission"), is the agency of the United States of America charged with the administration, interpretation and enforcement of Title VI!, and is expressly authorized to bring this action by Sections 706(f)(1) and (3) ofTitle VI!, 42 U.S.c. § 2000e-5(f)(I) and (3). 4. At all relevant timcs, Defcndant Cracker Barrel Old Country Store. Inc. ("Defendant" or "Employer"), has been a Tenncssee corporation doing business in the State of J\ew Mexico and the City of Las Cruces and has continuously had at least 15 employees. 5. At all relevant times, Detcndant has continuously been an employer engaged in an industry affecting commerce within the meaning of Sections 701 (b), (g) and (h) of Title VlI, 42 U.S.c. §§ 2000c(b), (g) and (h).
STATEMENT OF CLAIMS 6. More than thirty days prior to the institution ofthis lawsuit, Jennifer Jackson and Lorraine Provencio filed a charge with the Commission alleging violations of Title VIl by Defendant. All conditions precedcnt to the institution of this lawsuit have been fulfilled 7. Since at least July, 2001. Defendant has engaged in unlawful employmcnt practices at their Las Cruces, New Mexico. facility located at 1490 Hickory Drive, Las Cruces, New Mexico, in violation of Section 703(a) ofTitle VII, 42 U.S.c. § 2000c-2(a), by SUbjecting Ms. Jackson,
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Ms. Provcncio and a class of fcmale employees to a hostile work environment due to scxual

harassment. The scxual harassmcnt includcd, but was not limited to, unwelcome conduct of a

sexual nature by Daniel Guzman to Ms. Jackson, Ms. Provcncio, and othcr females, such as:

a.

Comments about women's "crotches";

b. Comments about women's breasts or buttocks;

c.

Comments about "boning" fcmale employees;

d. Commcnts about sex;

c.

Simulating the male anatomy by pUlling items between his legs.

8. Since at least Scptcmbcr, 2004, Defendant has engaged in unlawful retaliatory practices

in violation of Section 704(a) ofTitlc Vll. 42 U.S.c. § 2000e-3(a). Defendant's retaliatory

conduct included, but was not limited to. discharging and/ or constructively discharging Jennifer

Jackson and Lorraine Provencio because thcy opposed practices madc unlawful by Tille VII.

9. The effect of the practices complained of in paragraphs 7-8 above has been to deprive

Ms. Jackson, Ms. Provencio and a class of females of equal employment opportunitics and

otherwise adversely affect their status as employees because of their sex and in retaliation lor

opposing practices madc unlawful by Title VII.

10. The unlawful employment practiccs complained of in paragraphs 7-8 above were and are

intentional.

II. The unlawful employmcnt practices complained of in paragraphs 7-8 above were done

with malice or with reckless indifference to the federally protected rights of Ms. Jackson, Ms.

Provencio, and a class of fcmales.

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PRAYER FOR RELIEF WHEREFORE, the Commission respectfully requests that this Court: A. Grant a permanent injunction enjoining Defendant, its officers, successors, assigns, and ull persons in active concert or participation with it from engaging in sexual harassment, retaliation and any other employment practice which discriminates on the basis of sex or retaliation. B. Order Defendant to institute and carry out policies, practices, and programs which provide equal employment opportunities for women and those who oppose unlawful employment discrimination, and which eradicate the effects of its past and present unlawful employment practices. C. Order Defendant to make whole Ms. Juckson, Ms. Provencio, and a class of females by providing appropriate backpay with prejudgment interest, in amounts to be determined at trial, and other affinllative rcliefnccessary to eradicate the effects of their unlawful employment practices including, but not limited to, rightful-place reinstatemcnt. D. Order Defendant to make whole Ms. Jackson, Ms. Provencio, and a dass of females, by providing compensation for past and future pecuniary losses resulting from the unlawful employment practices described above, in amounts to be detcnllined at trial. E. Order Defendant to make whole Ms, Jackson, Ms, Provencio, and a class of females by providing compensation for past and future non-pecuniary losses resulting Irom the unlawful practices complained of in paragraphs 7-8 above, including emotional pain, suffering, inconvenience, mental anguish, loss of enjoyment of life, humiliation, and other nonpecuniary
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/

/

losses in amounts to be determined at trial.

/

F. Order Defendant to pay Ms. Jackson. Ms. Provencio and a class of females

punitive damages for their malicious and/or reckless conduct. described in paragraphs 7-8 above,

in amounts to be determined at trial.

G. Grant such further relief as the Court decms necessary and proper in the public

interest.

H. Award the Commission its costs of this action.

JCRY TRIAL DEMAr\D

The Commission requests ajury trial on all questions of fact raised by its

complaint.

RESPECTFULL Y SUBMITTED this 27lh day of September, 2006.

Ronald S. Cooper General Counsel

James L. Lee Deputy General Counsel

Gwendolyn Young Reams Associate General Counsel

EQUAL EMPLOYMENT OPPORTUNIT'l

COMMISSION

1801 L Street, N.W.

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Mary Jo O'Neill

~

Regional Attorney

-5-

.I

.. L/))l~.e-" Sally C. Shanley

o

,

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Supervisory Trial Attorney

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Phoenix District Oflice 3300 N. Central Avc., Suite 690 Phoenix, Arizona 85012 (602) 640-5032
~Q Veronica A. Molina Trial Attorney

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Alhuquerque Area Office 505 Marquette NW, Suite 900 Albuquerque, New Mexico 87102-2189 (505) 248-5231

Attorneys for Plaintiff

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 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW MEXICO

EQUAL EMPLOYMENT OPPORTUNITY

)

COMMISSION,

)

)

Plaintiff,

)

)

v.

)

)

CRACKER BARREL OLD COUNTRY

)

STORE, INCORPORATED,

)

)

Defendant.

)

__________________________________________)

No. CIV-06-0920 MV/WDS CONSENT DECREE

The United States Equal Em ployment Opportunity Com mission (the “Com mission” or “EEOC”) filed this action against Defendant Crack er Barrel Old Country Stor e, Incorporated to enforce Title VII of the Civil Rights Act of 1964 and the Civil Rights Act of 1991, 42 U.S.C. § 1981a. In the Complaint, the Commission alleged Jennifer Jackson, Lorraine Provencio, and a class of female employees were discriminated against by Defendant when they were sexually harassed by Daniel Guzman, an associate manager at Cracker Barrel Store No. 253. The Commission also alleged Ms. Jackson, Ms. Provencio, and other female employees at Store No. 253 were retaliated against because they opposed the harassment. The parties agree that this decree shall not in any way be construed or interpreted as an admission of liability or wrongdoing by Cracker Barrel as to the claims brought in this litigation, any such liability or wrongdoing being expressly denied.
The parties do not object to t he jurisdiction of the Court over this action and waive their rights to a hearing and the entry of findings of f act and conclusions of law. This decree does not constitute an adjudication on the merits of the allegations of the complaint.

It is hereby ORDERED, ADJUDGED AND DECREED: 1. This decree resolves all claims of the Commission against Defendant arising out of the issues in this lawsuit, including all claims for back pay, compensatory and punitive damages, interest, injunctive relief, attorney’s fees and costs.
INJUNCTION 2. For three years f ollowing entry of this decree, Defendant, its managers and supervisory employees, agents, officers, successors and assigns and all persons in active concert or participation with it, are enjoined f rom discriminating against any em ployee at Store No. 253 because of sex, including subjecting em ployees at Store No. 253 to a hostile work environm ent based on sexual harassment. Further, Defendant, its managers and supervisory employees, agents, officers, successors and assigns and all persons in atcive concert or participation with it, are enjoined from retaliating against any individual who: (a) opposes practices made unlawful by Title VII or a state equal em ployment opportunity statute; (b) m akes a charge of discrim ination or assists or participates in an inve stigation or proceeding under Title VII or a state equal em ployment opportunity statute; or (c) files an int ernal complaint of gender discrim ination, including sexual harassment. This injunction shall in no way s erve to increase or decrease Defendant’s rights or obligations under the law.
MONETARY RELIEF TO CHARGING PARTIES AND CLASS MEMBERS 3. In accordance with this decree, Defendant shall pay the amount of two hundred seventy thousand dollars and zero cents ($270,000.00), which shall be distributed as follows: A. Charging Party Jennifer Jackson will receive from Defendant compensatory damages
in the amount of $20,000.00, back pay inthe amount of $20,000.00, and attorney’s
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fees in the amount of $20,000.00, for a total of $60,000.00; B. Charging Party Lorraine Provencio will receive from Defendant com pensatory
damages in the amount of $15,000.00, back pay in the amount of $25,000.00, and attorney’s fees in the amount of $20,000.00, for a total of $60,000.00; C. Class Member Jessica Tuton will receivefrom Defendant compensatory damages in the amount of $50,000.00, and back pay in the amount of $10,000.00, for a total of $60,000.00; D. Class Member Summer Irvin will receive from Defendant compensatory damages in the amount of $55,000.00; and E. Class Member Cynthia Barela will receive from Defendant compensatory damages in the amount of $35,000.00. 5. Lawful employee payroll deductions for social security and withholding taxes shall be deducted from the back pay am ounts paid to Charging Parties Jennifer Jackson and Lorraine Provencio and Class Mem ber Jessica Tuton, and the deductions shall be itemized. Defendant’s share of payments for FUTA and FICA shall be paid by Defendant and shall not be deducted from the settlement payments. Defendant will issue aUnited States Internal Revenue Service Form1099 to the Charging Parties and Class Members for the amounts designated by EEOC as compensatory damages. 6. Within ten (10) business days of entry ofthe decree and receipt of an executed copy of the Release Agreement attached as Exhibit C and Agreement as to Tax Consequences attached as Exhibit D fromthe Charging Parties and Class Members Defendant shall separately mail checks, via certified mail, at the addresses provided bythe Commission, to Ms. Jackson, Ms. Provencio, Ms. Tuton, Ms. Irvin, Ms. Barela , and the attorney(s) for Ms. Jackson and Ms. Provencio for the individual amounts designated in Paragraph 4. Within five (5) businessdays of the issuance of these checks, Defendant will submit a copy of the ch ecks and related correspondence to the Regional
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Attorney, Equal Em ployment Opportunity Com mission, 505 Marquette NW , Suite 900, Albuquerque, New Mexico 87102-2189.
7. Defendant shall not condition the receipt of this individual relief on the Charging Parties’ or Class Members’ agreement to: (a) maintain as confidential the terms of this decree or other matters on the public record; (b) waive their statutory right to file a charge with any federal or state anti-discrimination agency; or (c) waive their right to apply for a position with Defendant.
8. In response to any em ployment inquiries or reference checks concerning the Charging Parties and Class Members, consistent with its representation of its customary practice, Defendant shall only provide the individual’s da tes of employment, last position held, and job duties. Claimants shall direct all such inquiries or reference checks to Defendant’s home office, at 800-333-9566, and Defendant’s home office shall promptly respond to such inquires or reference checks. This provision shall remain in force forso long as the Charging Parties and Class Members use Defendant as a reference and is not lim ited to the duration of this decree. Additionally, Defendant will provide a neutral letter of introduction to the Charging Parties and Class Members which includes each individual’s dates of employment, last position held, and job duties.
9. Defendant shall not take any action against the Charging Parties, Class Members, or witnesses in this case in retaliation f or filing a charge of employment discrimination or f or participating, assisting or testifying in this action.
10. Within ten (10) business days of entry of this decree, Defendant shall provide Jennifer Jackson, Lorraine Provencio, Jessica Tuton, Summer Irvin, andCynthia Barela with a letter in the form of Exhibit A.
DEFENDANT’S CORRECTIVE POLICIES AND PRACTICES 11. For three years from the entry of the decree, Defendant shall enforce policies and practices at its Store No. 253 that are designed to provide a work environm ent free from sex
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discrimination in accordance with Title VII, i ncluding policies and practices designed to prevent sexual harassment of its em ployees, and that allow em ployees and other individuals to raise concerns or complaints about matters made unlawful by Title VII, whether alleged, perceived or actual, without retaliation.
12. Within fifteen (15) business days of entry of the decree, Defendant shall review its existing policies on sex discrimination, policies on sex discrimination, including sexual harassment, and make any changes necessary to ensure that its policies comply with Title VII, are designed to be easily understood and provide a convenient, confidential and reliable procedure for report ing incidents of sex discrimination, including sexual harassment.
13. Within fifteen (15) business days of entryof the decree, and for three years fromthe entry of the decree, Defendant shall confirm that all of its employees in Store No. 253 have received a copy of the Defendant’s policy prohibiting sexual harassment and providing for the reporting of perceived sex discrimination, including sexual harassment, and that any new em ployees hired at Store No. 253 during this three-year period receive such policy within five (5) business days of employment. The policy shall be provided in atelast English or Spanish as needed by the employee.
14. Within fifteen (15) business days of entryof the decree, and for three years fromthe entry of the decree, Defendant shall designate oneor more employee relations representative(s) who will serve as an investigative resource for sexual harassment or related retaliation issues arising in Store No. 253. Defendant shall post in Store No. 253 contact information for these individuals. If the contact information for these investigative officers changes, Defendant will immediately notify its employees in Store No. 253 of the change.
15. Within thirty (30) days of entry of theDecree, Cracker Barrel Old Country Store, Inc. shall certify that this/these employee relations representative has received at least eight (8) hours of training concerning the investigation of discrimination, harassment and/or retaliation complaints within the past year. Should other em ployee relations representatives becom e responsible for
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overseeing sexual harassment or related retaliation complaints arising in Store No. 253 for two years from the entry of this decree, within thirty (30) days of assuming such duties, Defendant shall also certify that s/he has received suchtraining. For three years fromthe entry of the decree, complaints related to sexual harassme nt or retaliation arising out of Store No. 253 will be accepted by Defendant in writing or orally, and all such complaints will be taken seriously and investigated.
16. For three years from the entry of the decree, managers or supervisors in Store No. 253 who learn or suspect that individuals in the work place may be engaging in sexual harassment or retaliation will be responsible f or immediately reporting such conduct to the investigative officer(s) referred in Paragraph 14, above. Managersor supervisors who fail to report such activity will be advised by Defendant that corrective action, including termination, may result.
17. For three years fromthe entry of the decree, only those who have an immediate need to know, including, but not limited to, the person(s) referenced in Paragraph 14, above, the alleged target(s) of harassment or retaliation, the alleged harasser(s) or retaliator(s), and any witness, may find out the identity of a complainant.
18. For three years from the entry of the decree, during an investigation of a sexual harassment complaint of an em ployee in Store No. 253, the person identified in Paragraph 14, above, shall prom ptly interview all affected indi viduals and available witnesses to the alleged harassment.
19. For three years from the entry of the decree,all parties contacted in the course ofan investigation will be advised that any retaliation orreprisal against an individual who is an alleged target of sexual harassment or related retaliation, who has made a complaint, or who has provided information in connection with such a com plaint, will not be tolerated and could result in disciplinary action.
20. For three years from the entry of the decree, the person(s) referenced in Paragraph 14, above, will recom mend remedial measures, if appropriate, based upon the results of the
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investigation and Defendant will promptly act upon such recommendations. If no remedial measures are recommended, the person(s) referenced in Paragraph 14 will document the reason(s) for such recommendation.
21. For three years from the entry of the decree, the person(s) referenced in Paragraph 14, above, will m aintain or cause to be m aintained a file on the original com plaint which will include complete documentation of all activity related to investigations andremedial measures taken and recommended, including identification of all individuals accused of sexual harassment and/or retaliation, and/or involved in taking subsequent remedial measures taken (if any).
22. For three years from the entry of the decree, the person(s) referenced in Paragraph 14, above, will faithfully record all witness interviewsand statements related to such investigations.
23. Defendant’s employees in Store No. 253,including managers and supervisors, who engage in sexual harassment or related retaliation, who fails to cooperate with company-sponsored investigations of sexual harassm ent or related retaliation, or who r efuse to implement remedial measures, will be advised that they m ay be sanctioned severely by suspensi on without pay or dismissal.
24. Daniel Guzman is not currently eligible to be rehired by Defendant. Shoul d Defendant rehire Mr. Guzman, Defendant shall within thirty (30) days of hire provide Mr. Guzman with the training referenced in Paragraph 26, as well as at least six (6) hours of counseling with a certified counselor on gender sensitivity. All cost s associated with Mr. Guzm an’s training and counseling shall be paid by Defendant.
POSTING OF A NOTICE 25. Within five (5) business days of the entr y of this decree, Defendant shall post a nd continuously post for three years from the entry of this decree, in one or more prominent places frequented by employees in Defendant’s Store No. 253, a Notice as atatched to this decree as Exhibit
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B. This Notice shall be the sam e type, style and size as in Exhibit B, and shal l be provided in at least English and Spanish, as appropriate.
TRAINING 26. Defendant shall provide training on sex discrimination, including sexual harassment, and retaliation according to the following terms: A. Defendant shall provide at least three (3) training sessions within two years of the
entry of this decree. All managers, supervisors and employees at Defendant’s Store No. 253 shall attend the training. Duplicative sessions may be held to accommodate staffing needs. Defendant shall be responsible for all costs associated with this training. The training provided pur suant to this Paragraph 26 is in addition to the training provided to employees as part of new hire orientation. B. The first training session shall be conducted within s ix months of the entry of this decree. The second training session shall take place in the year 2008, and the third training session shall take place in the first six months of 2009. C. Defendant currently intends to conduct this training via a computer (“e-learning”) module and live trainer. Defe ndant shall submit the trainer’s nam e, resume, the electronic training agenda and the date(s) of the proposed training to the Regional Attorney of the Albuquerque Area Office of the Equal Em ployment Opportunity Commission within forty-five days of the entry of this decree for the first session of the first year. During the second and third training sessions, the inform ation shall be submitted to the Regional Attorney ofthe Albuquerque Area Office of the EEOC at least forty-five days prior to theseminar-training session. The Commission shall have twenty-one days from the date of receipt of the information described above to reject the propos ed trainer and/or the contents of the sem inar. In the event the
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Commission does not approve Defendant’s designated trainer, Cracker Barrel Old Country Store, Inc., within ten days, shall designate another trainer acting in close consultation with the EEOC. D. The training shall include a minimum of one (1) hour of instruction, and up to onehalf hour of questions and answers, as needed. The registry of attendance shall be retained by Defendant during the two-year term. E. The training, at a m inimum, shall include the subjects of: what constitutes sex discrimination, including sexual harassment, and retaliation; that sex discrimination and retaliation in the terms, conditions or privileges of employment and retaliation violate Title VII; how to prevent sex discrimination and retaliation; how to provide a work environment free from sex discrimination and retaliation; and to whom and by what means employees may complain, including complaining to the EEOC, if they feel they have been subjected to sex discrimination and retaliation. F. Immediately following the training sessions, a management official with oversight in or over Store No. 253 shall speak to ostre employees about: (1) potential discipline that can be taken against supervisors, managers and employees who commit acts of sex discrimination or retaliation, or who allow sex discrim ination or retaliation to occur in the workplace; (2) the importance of maintaining an environment free of sex discrimination and retaliation; and (3) the em ployer’s policies regarding se x discrimination and retaliation. This time shall not be counted toward the one hour minimum instruction time required in Paragraph 26(D).
REPORTING BY DEFENDANT AND ACCESS BY EEOC 27. Defendant shall certify i n writing to the Regional Attorney of the Com mission’s Albuquerque Area Office at 505Marquette NW, Suite 900, Albuquerque, New Mexico 87102-2189,
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by December 31, 2007, by D ecember 31, 2008, a nd again by June 30, 2009, the f ollowing information:
A. Any changes, modifications, revocations, or revisions to its policies and procedures which concern or affect the subject of sex discrimination and retaliation.
B. The name, address, position, and telephonenumber of any employee who, during the six months preceding the report , has brought allegations of sex discrim ination or related retaliation arising fr om activities in Defendant’s Store No. 253 against Defendant or their personnel, including, but not limited to, management officials, vendors, agents, or employees. The natureof the complaint and the corrective action taken, if any, shall be specified.
C. The registries of persons attending eachof the seminar-training sessions required in Paragraph 26(D) of this decre e and a list of current employees on the day of the seminar-training sessions.
E. A certification in writing from Defendant that the training required in Paragraph 26 this decree was conducted. The written certification shall be provided within thirty (30) days after the each training session was conducted.
F. A certification in writing from Defendant stating the Notice required in Paragraph 25 of this decree was posted and the location(s) where it was posted.
28. The Commission, upon reasonable notice, shall have the right to enter and inspect the premises of Defendant’s facilities to ens ure compliance with this decree and federal antidiscrimination laws.
COSTS AND DURATION 29. Except as explicitly provided in Paragraph3s(A) and (B), each party shall bear its costs and attorney’s fees incurred as a result of this action through the entry of this decree.
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30. The duration of this decree shall be three (3) years from its entry, with the exception of a portion of Paragraph 15 and Paragraph 26, each owf hich is two (2) years in duration fromentry of the decree and the first two sentences of Paragraph 8, which shall be indefinite in duration. This Court shall retain jurisdiction of this action for these durations, during which the Commission may petition this Court for compliance with this decree. Should the Court determine that Defendant has not complied with this decree, appropriate relief, including extension of this decree for such period as may be necessary to remedy its non-compliance, may be ordered.
31. This decree shall expire by i ts own term s at the end of the durations set forth in Paragraph 30, above, after entry, without further action by the parties.
32. The parties agree to entry of this decree and judgment subject to final approval by the Court.
ENTERED AND ORDERED this 24th day of August, 2007.
_________________________________________ HONORABLE JUDGE MARTHA VASQUEZ CHIEF UNITED STATES DISTRICT COURT JUDGE
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APPROVED AND CONSENTED TO:
/s/ David E. Gevertz _______________________________ David E. Gevertz, Esq. Erica V. Garey, Esq. BAKER, DONELSON, BEARMAN, CALDWELL & BERKOWITZ, P.C. Six Concourse Parkway Suite 3100 Atlanta, Georgia 30328-t353 (678) 406-8716

Ronald S. Cooper General Counsel
James L. Lee Deputy General Counsel
Gwendolyn Young Reams Associate General Counsel
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
1801 L. Street, N.W. Washington, D.C. 20507
/s/ Veronica A .Molina for ____________________________ Mary Jo O’Neill Regional Attorney
/s/ Veronica A. Molina for ____________________________ Sally C. Shanley Supervisory Trial Attorney
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
3300 N. Central Ave., Suite 690 Phoenix, Arizona 85012
/s/ Veronica A. Molina ________________________________ Veronica A. Molina Trial Attorney
Loretta Medina Senior Trial Attorney
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Albuquerque Area Office 505 Marquette N.W., Suite 900 Albuquerque, NM 87102 Telephone: (505) 248-5231

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Attorneys for Plaintiff /s/ Blaine T. Maynatt ___________________________________ Blaine T. Mynatt, Esq. HOLT, BABINGTON, MYNATT, P.C. 1660 Hickory Loop Las Cruces, NM 88004-2699 Telephone: (505) 524-8812 Private Attorney for Charging Parties Jennifer Jackson and Lorraine Provencio
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Address

Charging Party’s or Class Member’s Name

Re: Your Cracker Barrel Employment

Dear Ms.____

On behalf of Cracker Barrel Old Country Store, Inc. and myself personally, I wish to express my sincere apology that you found your experience while employed at Cracker Barrel to be objectionable.
Thank you for the contributions you made while employed at Cracker Barrel, and we wish you nothing but success in your future endeavors.
Very truly yours,

EXHIBIT A

(Name) General Manager

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NOTICE TO ALL EMPLOYEES OF CRACKER BARREL OLD COUNTRY STORE, INC.
This Notice is posted pursuant to a Consent Decree entered into between Cracker Barrel Old Country Store, Inc. and the Equal Employment Opportunity Commission (EEOC).
It is unlawful under federal law (Title VII of the Civil Rights Act of 1964) and state law to sexually harass employees or to discrim inate against an em ployee on the basis of sex in hiring, firing, compensation or other terms and conditions or privileges of employment.
It is also unlawful under federal law (Title VIIof the Civil Rights Act of 1964) and state law to retaliate against any employee who opposes a practice made unlawful under federal law, files, assists or participates in the filing of a charge of discrimination or participates in any investigation under Title VII and state law or who files a grievance alleging discrimination.
If you believe you have been discrim inated against because of sex, including sexual harassment, or retaliated against in your workplace, you always have the right to seek assistance from:
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION (EEOC) 505 Marquette N.W., Suite 900 Albuquerque, New Mexico 87102, TOLL FREE: 1-800-669-4000
or
NEW MEXICO DEPARTMENT OF LABOR Human Rights Division 1596 Pacheco St., Suite 103 Santa Fe, New Mexico 87505 TELEPHONE: (505) 827-6838
YOU HAVE A RIGHT TO FILE A CHARGE WITH THE EEOC OR THE DEPARTMENT OF LABOR IF YOU BELIEVE YOU ARE BEING DISCRIMINATED AGAINST.
EXHIBIT B
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RELEASE AGREEMENT

I, __________________, for and in consideration of the sum of $______ payable to me pursuant to the terms of the Consent Decree entered by the Court in EEOC v. Crack er Barrel Old Country Store, Inc., No. CIV-06-0920 MV/WDS (D. N.M.), on behalf of myself, my heirs, assigns, executors, and agents, do hereby forever release, waive, remise, acquit, and discharge Cracker Barrel Old Country Store, Inc. (“Defendant”), and all past and present shareholders, officers, agents, employees, and representatives of Defendant, as well as all successors and assignees of Defendant from any and all claims and causes of action oaf ny kind (including, but not limited to, claims for attorneys’ fees or expenses of litigation) which I now have or ever have had under Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e et . seq., as a result of or arising from the subject matter and claims which were or which could have been asserted in EEOC v. Cracker Barrel Old Country Store, Inc., No. CIV-06-0920 MV/WDS (D. N.M.)

_________________________________ ___________

Signature

Date

EXHIBIT C

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Agreement as to Tax Consequences
I, _____________________, agree that I am ultimately and solely responsible for paying the correct amount of taxes owed by me on amounts I receive in connection with the Consent Decree entered in EEOC v. Cracker Barrel Old Country Store, Incorporated, CIV-06-0920 D.NM. I further agree to hold Cracker Barrel Old Country Store, Incorporated harmless from all expenses, penalties, damages, fees, and/or interest charges I may individually incur resulting from my non-payment of taxes on amounts paid to me under the Consent Decree.

______________________________ Signature

___________ Date

EXHIBIT D

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 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW MEXICO

EEOC, vs.

Plaintiff,

CIV. No. 06-920 MV/WDS

CRACKER BARREL, Defendant. ORDER ADMINISTRATIVELY CLOSING CASE
The parties in this case entered into a Consent Decree resolving all claims. The Consent Decree, which was approved by the Court on August 24, 2007, provides that the Court will retain jurisdiction to enforce compliance with the terms of the Consent Decree. For statistical reasons, the Court prefers that this case not remain on its active docket during the period of years the Consent Decree is in effect and will hereby administratively close the case. The administrative closure will not affect the Court’s jurisdiction to enforce compliance with the terms of the Consent Decree. See, e.g., Mickeviciute v. Immigration and Naturalization Service, 327 F.3d 1159, 1161, n.1 (10th Cir. 2003) ( “The administrative closing of a case does not result in a final order. It is merely an administrative convenience which allows the removal of cases from the calendar in appropriate situations.”); American Heritage Life Ins. Co. v. Orr, 294 F.3d 702, 715 n.4 (5th Cir. 2002) (concurring opinion) (an administrative closure “has no jurisdictional significance”); United States v. 27.09 Acres of Land, 1 F.3d 107, 111 (2nd Cir. 1993) (administrative order closing case for statistical purposes is not a final judgment).

IT IS THEREFORE ORDERED that this case be administratively termed. The Court will retain jurisdiction to enforce the terms of the Consent Decree.
IT IS FURTHER ORDERED that all pending motions be termed as moot. Dated this 29st day of September, 2007.
MARTHA VÁZQUEZ U. S. DISTRICT COURT JUDGE

 
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CLOSED, REFER
U.S. District Court District of New Mexico - Version 3.0 (Santa Fe) CIVIL DOCKET FOR CASE #: 6:06-cv-00920-MV-WDS

EEOC v. Cracker Barrel, et al Assigned to: Chief Judge Martha Vazquez Referred to: Magistrate Judge W. Daniel Schneider Demand: $0 Cause: 42:2000e Job Discrimination (Employment)

Date Filed: 09/27/2006 Date Terminated: 09/29/2007 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

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

Sally C Shanley EEOC Phoenix District Office

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V. Defendant Cracker Barrel Old Country Store, Inc.
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3300 North Central Avenue #690 Phoenix, AZ 85012-1848 602-640-5032 Fax: 602-640-5009 Email: sally.shanley@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 Robert W. Horton Bass Berry & Sims PLC 315 Deaderick St #2700 Nashville, TN 37238 (615) 742-7708 Fax: 742-2799 Email: rhorton@bassberry.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Thomas L Stahl Rodey, Dickason, Sloan, Akin & Robb, P.A. Post Office Box 1888 Albuquerque, NM 87103 (505) 765-5900 Fax: (505) 768-7395 Email: tstahl@rodey.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
David E Gevertz Baker Donelson Bearman Caldwell & Berkowitz PC (GA)
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Six Concourse Parkway Suite 3100 Atlanta, GA 30328 Email: dgevertz@bakerdonelson.com ATTORNEY TO BE NOTICED
Erica V Garey Six Concourse Parkway, Suite 3100 Atlanta, GA 30328 678-406-8718 Email: egarey@bakerdonelson.com ATTORNEY TO BE NOTICED

Date Filed 09/27/2006 11/30/2006 12/08/2006
12/21/2006 01/05/2007
01/05/2007
01/12/2007
01/23/2007 01/26/2007 01/26/2007 01/31/2007

#

Docket Text

1 COMPLAINT for Employment w/jury demand (1 Summons(es) issued) (referred to Magistrate Judge W. D. Schneider) (nc) (Entered: 09/28/2006)
2 ANSWER by deft [1-1]* (jm) (Entered: 12/01/2006)
3 INITIAL SCHEDULING ORDER by Magistrate Judge W. D. Schneider setting Rule 16 scheduling conference on 1/30/07 @ 1:50 pm in Albuquerque, NM; IPTR and provisional discovery plan due 1/23/07 (cc: all counsel)* (jm) (Entered: 12/08/2006)
4 MOTION by pltf to strike Affirmative Defenses * (jm) (Entered: 12/22/2006)
5 NOTICE of Appearance by Thomas L Stahl and David E Gevertz on behalf of Cracker Barrel Old Country Store, Inc. (Stahl, Thomas) Modified on 1/12/2007 to add additional attorney (pz). (Entered: 01/05/2007)
Scheduling Conference set for 1/30/2007 01:50 PM in Albuquerque - 720 Judge W. Daniel Schneider Chambers before United State Magistrate Judge W. Daniel Schneider. THIS IS A TEXT ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED. (mm) (Entered: 01/05/2007)
6 RESPONSE in Opposition to Plaintiff's Motion to Strike Affirmative Defenses 4 filed by Cracker Barrel Old Country Store, Inc. (Stahl, Thomas) Modified on 1/15/2007 to create link (pz). (Entered: 01/12/2007)
7 Joint Status Report and Provisional Discovery Plan by Equal Employment Opportunity Commission. (Molina, Veronica) (Entered: 01/23/2007)
8 CERTIFICATE OF SERVICE by Cracker Barrel Old Country Store, Inc. of Initial Disclosures (Stahl, Thomas) (Entered: 01/26/2007)
9 CERTIFICATE OF SERVICE by Equal Employment Opportunity Commission of Initial Disclosures (Molina, Veronica) (Entered: 01/26/2007)
10 ORDER by Judge W. Daniel Schneider Settlement Conference set for 7/5/2007 09:00 AM in Albuquerque - 720 Judge W. Daniel Schneider Chambers before Magistrate Judge W. Daniel Schneider. (mm) (Entered: 01/31/2007)

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01/31/2007 02/02/2007 02/02/2007 02/20/2007 02/20/2007 02/20/2007 03/01/2007 03/01/2007
03/02/2007 03/05/2007 03/22/2007 03/22/2007 03/22/2007 03/22/2007

11 REPLY to Response to Motion to Strike filed by Equal Employment Opportunity Commission. (Molina, Veronica) (Entered: 01/31/2007)
Clerk's Minutes A R16 was held on 1/30/2007 before Judge W. Daniel Schneider :. (mm) (Entered: 02/02/2007)
12 NOTICE of Briefing Complete by Equal Employment Opportunity Commission regarding Motion to Strike Affirmative Defenses 4 (Molina, Veronica) Modified on 2/5/2007 to reference document and include link (pz). (Entered: 02/02/2007)
13 Scheduling ORDER by Judge W. Daniel Schneider Discovery due by 6/29/2007. Motions due by 7/9/2007. Pretrial Order due by 10/22/2007. (mm) (Entered: 02/20/2007)
14 ORDER by Judge W. Daniel Schneider Settlement Conference reset for 7/31/2007 09:00 AM in Albuquerque - 720 Judge W. Daniel Schneider Chambers before Magistrate Judge W. Daniel Schneider. (mm) (Entered: 02/20/2007)
Set/Reset Deadlines: Motions due by 8/16/2007. Pretrial Order due by 11/1/2007. (dmw) Modified on 3/26/2007 (dmw) (Entered: 03/26/2007)
15 CERTIFICATE OF SERVICE by Equal Employment Opportunity Commission of First Request For Production Of Documents to counsel on 2/28/07 (Molina, Veronica) Modified text on 3/5/2007 (pz). (Entered: 03/01/2007)
16 NOTICE of Hearing: Jury Selection set for 1/28/2008 09:30 AM in Santa Fe Judge Martha Vazquez Courtroom before Chief Judge Martha Vazquez. Jury Trial set for 1/28/2008 09:30 AM in Santa Fe - Judge Martha Vazquez Courtroom before Chief Judge Martha Vazquez. Pretrial Conference set for 1/15/2008 09:30 AM in Santa Fe - Judge Martha Vazquez Chambers 2nd floor before Chief Judge Martha Vazquez. (vf) (Entered: 03/01/2007)
17 CERTIFICATE OF SERVICE by Cracker Barrel Old Country Store, Inc. of First Interrogatories and Requests for Production to counsel on 3/2/07 (Stahl, Thomas) Modified text on 3/6/2007 (pz). (Entered: 03/02/2007)
18 CERTIFICATE OF SERVICE by Cracker Barrel Old Country Store, Inc. of First Set of Requests for Admissions to Plaintiff and Class Members to counsel on 3/5/07 (Stahl, Thomas) Modified text on 3/6/2007 (pz). (Entered: 03/05/2007)
19 CERTIFICATE OF SERVICE by Equal Employment Opportunity Commission of First Set of Interrogatories to Defendant on 3/19/07 (Molina, Veronica) Modified text on 3/27/2007 (pz). (Entered: 03/22/2007)
20 CERTIFICATE OF SERVICE by Equal Employment Opportunity Commission of EEOC's Second Request for Production of Documents to Defendant on 3/19/07 (Molina, Veronica) Modified text on 3/27/2007 (pz). (Entered: 03/22/2007)
21 CERTIFICATE OF SERVICE by Equal Employment Opportunity Commission of EEOC's First Supplemental Initial Disclosures to counsel on 3/22/07 (Molina, Veronica) Modified text on 3/27/2007 (pz). (Entered: 03/22/2007)
22 CERTIFICATE OF SERVICE by Equal Employment Opportunity Commission of EEOC's Second Supplemental Initial Disclosures to counsel on 3/22/07 (Molina, Veronica) Modified text on 3/27/2007 (pz). (Entered: 03/22/2007)

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03/23/2007 03/28/2007 04/02/2007
04/02/2007
04/02/2007 04/03/2007 04/04/2007 04/05/2007 04/05/2007
04/05/2007 04/06/2007 04/16/2007 04/20/2007 04/20/2007

23 CERTIFICATE OF SERVICE by Equal Employment Opportunity Commission of EEOC's Third Supplemental Initial Disclosures to counsel on 3/23/07 (Molina, Veronica) Modified text on 3/27/2007 (pz). (Entered: 03/23/2007)
24 CERTIFICATE OF SERVICE by Cracker Barrel Old Country Store, Inc. Defendant's First Amended Initial Disclosures to counsel on 3/28/07 (Gevertz, David) Modified text on 4/4/2007 (pz). (Entered: 03/28/2007)
25 CERTIFICATE OF SERVICE by Equal Employment Opportunity Commission of Answers and Objections to Defendant's First Interrogatories to counsel on 4/2/2007 (Molina, Veronica) Modified text on 4/6/2007 (pz). (Entered: 04/02/2007)
26 CERTIFICATE OF SERVICE by Equal Employment Opportunity Commission of Responses and Objections to Defendant's First Request for Production of Documents to counsel on 4/2/07 (Molina, Veronica) Modified text on 4/6/2007 (pz). (Entered: 04/02/2007)
27 CERTIFICATE OF SERVICE by Equal Employment Opportunity Commission of Fourth Supplemental Initial Disclosures to counsel on 4/2/2007 (Molina, Veronica) Modified text on 4/2/2007 (pz). (Entered: 04/02/2007)
28 CERTIFICATE OF SERVICE by Cracker Barrel Old Country Store, Inc. Objections and Responses to Plaintiff's First Request for Admission to counsel on 4/3/07 (Gevertz, David) Modified text on 4/9/2007 (pz). (Entered: 04/03/2007)
29 CERTIFICATE OF SERVICE by Equal Employment Opportunity Commission Second Supplemental Answers To Defendant's First Interrogatories to counsel on 4/4/07 (Molina, Veronica) Modified text on 4/9/2007 (pz). (Entered: 04/04/2007)
30 CERTIFICATE OF SERVICE by Equal Employment Opportunity Commission First Supplemental Answers To Defendant's First Interrogatories to counsel on 4/4/07 (Molina, Veronica) Modified text on 4/9/2007 (pz). (Entered: 04/05/2007)
31 CERTIFICATE OF SERVICE by Equal Employment Opportunity Commission of Responses and Objections to Defendant's First Set of Uniform Requests for Admissions to Plaintiffs and Class Members to counsel on 4/4/07 (Molina, Veronica) Modified text on 4/9/2007 (pz). (Entered: 04/05/2007)
32 FILED IN ERROR - NOTICE of Appearance by David E Gevertz on behalf of Cracker Barrel Old Country Store, Inc. (Gevertz, David) Modified on 4/9/2007 (pz). (Entered: 04/05/2007)
33 CERTIFICATE OF SERVICE by Equal Employment Opportunity Commission of Fifth Supplemental Initial Disclosures to counsel on 4/6/07 (Molina, Veronica) Modified text on 4/10/2007 (pz). (Entered: 04/06/2007)
34 NOTICE of Appearance by Erica V Garey on behalf of Cracker Barrel Old Country Store, Inc. (Garey, Erica) (Entered: 04/16/2007)
35 CERTIFICATE OF SERVICE by Equal Employment Opportunity Commission Sixth Supplemental Initial Disclosures (Molina, Veronica) (Entered: 04/20/2007)
36 CERTIFICATE OF SERVICE by Equal Employment Opportunity Commission of EEOC's Sixth Supplemental Initial Disclosures - Amended Certificate (Molina,

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04/23/2007 04/23/2007 04/25/2007 04/27/2007 05/02/2007 05/02/2007 05/04/2007 05/10/2007 05/10/2007 05/10/2007 05/10/2007 05/11/2007 05/11/2007 05/11/2007 05/14/2007

Veronica) (Entered: 04/20/2007)
37 CERTIFICATE OF SERVICE by Cracker Barrel Old Country Store, Inc. Defendant's Objections and Responses to Plaintiff's First Interrogatories (Gevertz, David) (Entered: 04/23/2007)
38 CERTIFICATE OF SERVICE by Cracker Barrel Old Country Store, Inc. Defendant's Objections and Responses to Plaintiff's Second Requests for Production of Documents (Gevertz, David) (Entered: 04/23/2007)
39 CERTIFICATE OF SERVICE by Cracker Barrel Old Country Store, Inc. Second Amended Initial Disclosures (Gevertz, David) (Entered: 04/25/2007)
40 CERTIFICATE OF SERVICE by Equal Employment Opportunity Commission Third Request For Production Of Documents (Molina, Veronica) (Entered: 04/27/2007)
41 CERTIFICATE OF SERVICE by Cracker Barrel Old Country Store, Inc. Notice of Independent Medical Examinations (Gevertz, David) (Entered: 05/02/2007)
42 CERTIFICATE OF SERVICE by Cracker Barrel Old Country Store, Inc. Defendant's Expert Witness Disclosure (Gevertz, David) (Entered: 05/02/2007)
43 Unopposed MOTION for Discovery Unopposed Motion for Leave to Take Additional Depositions by Equal Employment Opportunity Commission. (Molina, Veronica) (Entered: 05/04/2007)
44 CERTIFICATE OF SERVICE by Cracker Barrel Old Country Store, Inc. Defendant's Third Amended Initial Disclosures (Gevertz, David) (Entered: 05/10/2007)
45 CERTIFICATE OF SERVICE by Equal Employment Opportunity Commission of EEOC's Third Supplemental Answers and Objections to Defendant's First Interrogatories (Molina, Veronica) (Entered: 05/10/2007)
46 CERTIFICATE OF SERVICE by Equal Employment Opportunity Commission of EEOC's Seventh Supplemental Initial Disclosures (Molina, Veronica) (Entered: 05/10/2007)
47 CERTIFICATE OF SERVICE by Equal Employment Opportunity Commission of EEOC's Supplemental Responses and Objections to Defendant's First Request for Production of Documents (Molina, Veronica) (Entered: 05/10/2007)
48 MOTION To Request A Status Conference Before Magistrate Schneider by Cracker Barrel Old Country Store, Inc.. (Gevertz, David) (Entered: 05/11/2007)
49 MOTION to Compel Independent Medical Examination of Jessica Tuton and Cynthia Barela by Cracker Barrel Old Country Store, Inc.. (Stahl, Thomas) (Entered: 05/11/2007)
51 RESPONSE to Motion re 48 MOTION To Request A Status Conference Before Magistrate Schneider filed by Equal Employment Opportunity Commission. (Molina, Veronica) (Entered: 05/11/2007)
52 NOTICE of Briefing Complete by Cracker Barrel Old Country Store, Inc. re 48 MOTION To Request A Status Conference Before Magistrate Schneider filed by

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05/18/2007 05/22/2007 05/24/2007 05/29/2007 05/30/2007 05/30/2007 05/30/2007 05/31/2007 06/01/2007
06/07/2007 06/27/2007 07/25/2007 07/26/2007 08/24/2007 09/29/2007

Cracker Barrel Old Country Store, Inc. (Gevertz, David) (Entered: 05/14/2007)
53 Opposed MOTION to Strike Defendant's Expert Witness Disclosure and Supporting Memorandum by Equal Employment Opportunity Commission. (Attachments: # 1 # 2 Exhibit)(Molina, Veronica) (Entered: 05/18/2007)
54 ORDER by Judge W. Daniel Schneider denying 48 Motion (mm) (Entered: 05/22/2007)
57 CERTIFICATE OF SERVICE by Cracker Barrel Old Country Store, Inc. Notice of Independent Medical Examination for Jennifer Jackson (Gevertz, David) (Entered: 05/24/2007)
59 CERTIFICATE OF SERVICE by Cracker Barrel Old Country Store, Inc. Defendant's Objections and Responses to Plaintiff's Third Request for Production of Documents (Gevertz, David) (Entered: 05/29/2007)
60 CERTIFICATE OF SERVICE by Cracker Barrel Old Country Store, Inc. Second Continuing Interrogatories (Gevertz, David) (Entered: 05/30/2007)
61 CERTIFICATE OF SERVICE by Cracker Barrel Old Country Store, Inc. Second Continuing Requests for Production of Documents (Gevertz, David) (Entered: 05/30/2007)
62 CERTIFICATE OF SERVICE by Equal Employment Opportunity Commission Response To Defendant's Motion For Independent Medical Evaluation (Molina, Veronica) (Entered: 05/30/2007)
63 CERTIFICATE OF SERVICE by Equal Employment Opportunity Commission Request For Admissions (Molina, Veronica) (Entered: 05/31/2007)
64 RESPONSE in Opposition re 53 Opposed MOTION to Strike Defendant's Expert Witness Disclosure and Supporting Memorandum filed by Cracker Barrel Old Country Store, Inc.. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D# 5 Exhibit E# 6 Exhibit F# 7 Exhibit G# 8 Exhibit H# 9 Exhibit I)(Gevertz, David) (Entered: 06/01/2007)
65 CERTIFICATE OF SERVICE by Cracker Barrel Old Country Store, Inc. Fourth Amended Initial Disclosures (Gevertz, David) (Entered: 06/07/2007)
67 NOTICE by Equal Employment Opportunity Commission Unavailability (Molina, Veronica) (Entered: 06/27/2007)
68 ORDER by Judge W. Daniel Schneider vacating the July 31, 2007 Settlement Conference (mm) (Entered: 07/25/2007)
69 AMENDED ORDER by Judge W. Daniel Schneider (mm) (Entered: 07/26/2007)
70 CONSENT DECREE Approved and Consented to by the Parties as noted therein by Judge Martha Vazquez (td) (Entered: 08/24/2007)
71 ORDER administratively closing case pursuant to 70 Consent Decree by Judge Martha Vazquez. The Court will retain jurisdiction to enforce the terms of the Consent Decree (td) (Entered: 09/29/2007)

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