fILED U.S. DISTRICT COURT EASTERN OiSTF:IGT OF LA
2001 SEP 28 PH~: 03
L'OO1,i_-

IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA

U.S. EQUAL EMPLOYMENT

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OPPORTUNITY COMMISSION,

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I

Plaintiff,

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I

v.

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I BELLE CHASSE MARINE TRANS., INC. I

I I

Defendant.

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0.1-2981 CIVILACI10NNO. ,
COMPLAINT JURY TRIAL DEMAND

NATURE OF THE ACTION
This is an action under Title VII of the Civil Rights Act of 1964, as amended, and Title I of the Civil Rights Act of 1991 to correct unlawful employment practices on the basis of race and to provide appropriate relief to Michael Sampson, Jr., and other similarly situated Black employees who were adversely affected by such practices.
The U.S. Equal Employment Opportunity Commission alleges that Michael Sampson and other similarly situated Black employees were subjected to a racially offensive work environment and racial harassment by Belle Chasse Marine Trans., Inc. ("Belle Chasse" or "Defendant").

JURISDICTION AND VENUE 1. Jurisdiction ofthis Court is invoked pursuantto 28 U.S.c. Sections451, 1331, 1337, 1343 and 1345. This action is authorized and instituted pursuant to Section 706(f)(l) and (3) of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C.§ 2000e-5(f)(1) and (3), and Section 102 of the Civil Rights Act of 1991,42 U.S.C. § 1981a. 2. The employment practices alleged to be unlawful were committed within the jurisdiction of the United States District Court for the Eastern District of Louisiana.
PARTIES 3. Plaintiff, Equal Employment Opportunity Commission (the "Commission"), is an 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) and (3) of Title VII, 42 U.s.c. Section 2000e-5(f)(1) and (3). 4. At all relevant times, Defendant, Belle Chasse Marine Trans., Inc., has continuously been a domestic corporation doing business in the State of Louisiana and has continuously had at least fifteen employees. 5. At all relevant times, Defendant, Belle Chasse Marine Trans., Inc., has continuously been an employer engaged in an industry affecting commerce within the meaning of Section 701 (b), (g) and (h) of Title VII, 42 U.S.c. Sections 2000e-(b), (g) and (h).
STATEMENT OF CLAIMS 6. More than thirty days prior to the institution of this lawsuit, Michael Sampson, Jr., filed a charge with the Commission alleging violations of Title VI I of the Civil Rights Act of 1964, as amended. All conditions precedent to the institution of this lawsuit have been fulfilled.
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7. Since at least on or about March 1998, Defendant has engaged in unlawful
employment practices in violation of Section 703(a) (1)and(2) of Title vn of the Civil Rights Act of 1964, as amended, 42 U.s.c. Sections 2000e-2(a)(1)and(2). The unlawful practices consist of
subjecting Michael Sampson, Jr., to a racially hostile environment by allowing the captains to make derogatory comments to and about Mr. Sampson because he is married to a white woman. Also, Defendant subjected Michael Sampson, Jr., and a class of similarly situated Black employees to a racially hostile environment by allowing captains and managers to refer to the Black employees as "nigger", and making other inappropriate comments. Further, Defendant permitting the display of a hangman's noose in the office in which a paper doll painted black as a "replica" of one of the Black employees was placed where all Black employees could see the noose and allowed its managers to walk around with the hangman's nooses without taking any action to correct this behavior. Finally, Defendant would assign menial and demeaning tasks to the Black employees which were outside of their duties, such as cutting the grass, and other work outside in bad weather while the white employees were allowed to sit in the office and watch television. These acts of harassment and disparate treatment, particularly the display of the hangman's noose deprived Michael Sampson, Jr., and all other Black employees of equal employment opportunities and otherwise adversely affected their status as an employee because of their race. The Defendant failed to take appropriate action to correct the harassment, and, did in fact fail to discourage the racially charged work place. Defendants' unlawful practices also include the disparate treatment of Black employees as a class who were not treated in the same manner as their White counterparts.
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8. The effect of the practices complained of in paragraph 7 above has been to deprive Michael Sampson, Jr., and other similarly situated Black employees of equal employment opportunities and otherwise adversely affect their status as employees because of their race.
9. The unlawful employment practices complained of in paragraph 7 above were intentional.
10. The unlawful employment practices complained of in paragraph 7 above were done with malice or reckless indifference to the federally protected rights of Michael Sampson, Jr., and other similarly situated Black employees.
PRAYER FOR RELIEF Wherefore, the Commission respectfully requests that this Court: A. Grant a permanent injunction enjoining Defendant, its officers, successors, assigns, and all persons in active concert or participation with it, from engaging in employment practices which discriminate on the basis of race. B. Order Defendant, its officers, successors, assigns, to institute and carry out policies, practices, and programs which provide equal employment opportunities for qualified individuals, and which eradicate the effects of its past and present unlawful employment practices. C. Order Defendant, its officers, successors, assigns, to make whole Michael Sampson, Jr., and other similarly situated Black employees, by providing compensation for past and future non-pecuniary losses resulting from the unlawful practices complained of in paragraph 7 above, including, but not limited to, emotional pain, suffering, inconvenience, loss of enjoyment of life, lowered self esteem and humiliation, in amounts to be determined at trial.
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D. Order Defendant, its officers, successors, assigns to pay Michael Sampson Jr., and
other similarly situated Black employees punitive damages for its malicious and reckless conduct,
as described in paragraph 7 above, in amounts to be determined at trial.
E. Grant such further relief as the Court deems necessary and proper in the public
interest.
F. Award the Commission its cost of this action.
JURY TRIAL DEMAND
The Commission requests a jury trial on all questions of fact raised by its complaint.
Respectfully submitted,
GWENDOLYN REAMS Associate General Counsel
~KEI~T~LL"-~ Regional Attorney :r;;;JJtOOj (~t MICHELLE T. BUTLER Supervisory Trial Attorney E.D. Bar Roll No. 1286 i~f~ fA. j?vJ!ocLILLIAN M. THORNTON Senior Trial Attorney E.D. Bar Roll No. 25525
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION New Orleans District Office
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REGISTERED AGENT FOR SERVICE OF PROCESS:
Gordon Konrad 3900 River Road, Suite 6 Jefferson, LA 70121

701 Loyola Avenue Suite 600 New Orleans, LA 70113 Tel: (504) 589-3844 (Hill)
(504) 589-6942 (Butler) (504) 589-2086 (Thornton) Fax: (504)589-2805
COUNSEL FOR PLAINTIFF, EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

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 •- - - - - - - - - - - - - - - - -

•

IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA

FILED US DISTRICT COURT EASTERN OISTRICT OF LA
2002 JUH I I M1/8: 50
LOI\[ r"i;\ G. I, HYTE CLER

U.S. EQUAL EMPLOYMENT

*

OPPORTUNITY COMMISSION,

*

*

Plaintiff,

*

*

v.

*

*

BELLE CHASSE MARINE TRANS., INC.

CIVIL ACTION NO. 01-2981 SECT. B JUDGE IVAN L.R.LEMELLE MAGISTRATE 4 KAREN WELLS ROBY

Defendant

CONSENT DECREE

WHEREAS, The United States Equal Employment Opportunity Commission ("the

Commission" or "EEOC") has instituted the captioned civil action in this the United States

District Court for the Eastern District of Louisiana, charging Belle Chasse Marine

Transportation, Inc., ("Belle Chasse" or the "Defendant"), with violations of Title VII of the Civil

Rights Act of 1964, as amended ("Title VII" or the "statute"), and alleging that Defendant

discriminated against a group of identified and unidentified aggrieved individuals on the basis of

race, Black.

WHEREAS, Defendant has not admitted and does not admit that is has engaged in any

unlawful employment practices and no court finding of any unlawful employment practice has

been made; and

WHEREAS, this Court has jurisdiction over the subject matter of this action and over the

parties to this action; and

DATE OF ENTRY
JUN 11 ZOOZ

• •
specified in this Consent Decree (sometimes referred to hereinafter as "this Decree"); WHEREAS, Defendant and the EEOC now wish to resolve all claims and controversies
encompassed by this lawsuit without the burden, expense or delay of further litigation; Therefore it is ORDERED, ADJUDGED, AND DECREED that: 1. The negotiation, execution and entry of this Consent Decree will fully and finally
resolve any and all claims of the Title VII violations brought by the Commission against Defendant alleged in the instant civil action.
2. The purposes of Title VII will be furthered by the entry of this Decree, the terms of which constitute a fair and equitable settlement.
3. Neither the negotiation, nor the execution, nor the entry of this Consent Decree shall constitute an acknowledgment or admission of any kind by Defendant that its officers, agents or employees have violated, or have not been in compliance with Title VII or any other applicable law, regulation or order. The parties agree that this Consent Decree is not evidence of any alleged violation of, or non-compliance with, Title VII.
4. This Consent Decree relates only to the violations alleged in the instant civil action relative to this lawsuit. EEOC reserves all rights to proceed with respect to matters like and related to these matters but not covered in this Consent Decree and to secure relief on behalf of aggrieved persons not covered by the terms of this Consent Decree.
5. a. Defendant, its directors, officers, agents, employees, successors, and assigns shall comply with Title VII in its employment practices.
b. Defendant agrees not to discriminate against any employee or applicant for employment on the basis of race. Defendant agrees to keep all records of applications for employment during the two year effective period of this Decree.

. ..

•

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c. Defendant promises not to retaliate against any person for having participated in any way in the Commission's investigation of this matter or for complaining of or opposing race discrimination.
d. Defendant agrees to pay Michael Samson TWELVE THOUSAND FIVE HUNDRED DOLLARS ($12,500.00) for back wages, minus legal deductions. For a total payment of TWELVE THOUSAND FIVE HUNDRED DOLLARS ($12,500.00) within fifteen days of entry of the degree.
e. Defendant agrees to re-employ Michael Samson at a different work site, either at the Belle Chase area, or in New Orleans, as soon as a position becomes available.
f. Defendant agrees to pay the following identified class members FIVE HUNDRED DOLLARS ($500.00) each: Brian Allen, Charles Steward, Patrick Chittenden and Ralph Mora within fifteen days ofthe degree.
6. a. Defendant agrees to send at least fifty percent (50%) of its managerial employees to a Technical Assistance Program Seminar ("TAPS") or similar training, conducted by EEOC regarding equal employment opportunity practices each year for the next two years, until all managers have been trained, during which this Decree shall remain in effect. Defendant will report to EEOC the persons hired, fired and trained in their annual report.
b. Defendant agrees to conduct internal training concerning equal employment opportunity practices of all its employee within one month of the two annual TAPS training sessions attended by Defendant's managerial employees, as referenced in Paragraph 6(a) above. The training of each employee must be tailored to cover the materials covered by the EEOC in the TAPS immediately preceding the internal training. Written evidence of the completed training described in this sub-paragraph shall be submitted to the EEOC in each of

• •
Defendant's annual reports, identified in subparagraph 6(a) above, over the two year effective period of this Decree.
c. Belle Chase agrees to continue to implement and distribute to all employees, and to enforce an effective policy and procedure for preventing and investigating complaints (be they written or oral) of harassment in the workplace. A copy of that policy has been provided to EEOC and is attached to this agreement.
7. In the event that Defendant fails to perform its obligations herein, Plaintiff EEOC is empowered to enforce this Consent Decree through applicable judicial enforcement procedures and to seek sanctions which may be due as a result of the need to enforce this Decree.
8. 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 or provisions shall not be affected thereby and said illegal or invalid part, term or provision shall be deemed not to be a part of this Decree.
9. This Decree sets forth the entire agreement between the Commission and Defendant as to the captioned lawsuit, and fully supersedes any and all prior agreements or understandings between the Commission and Defendant pertaining to the subject matter herein.
10. The Defendant and the EEOC will bear their own attorney's fees and costs incurred in connection with the litigation ofthis case.
11. This Decree shall remain in effect for a period of two years from the date of its execution, provided, however, that the EEOC shall have six months from the date of its receipt of the final report (referenced under 6(a)) due under this Decree to institute formal action with the Court to enforce the terms of the Decree, as appropriate.

• •

12. The Commission does not agree to any confidentiality concerning the

resolution of this matter.

IT IS SO ORDERED. THUS DONE AND SIGNED,

~L~a, I f)

this ___day of

_ _ _ _ _ _, 2002.

APPROVED AS TO FORM AND CONTENT:

FOR THE PLAINTIFF:

F~

QWEDOLYN REAMS ASSOCIATE GENERAL
KEITH . HILL Regional Attorney
1MJJJ5~OOO~ ~
MI LLET. ~UTLER .
Supervisory Trial Attorney E.D. ~ 011 No. 1286

G

. KONRAD

PRESIDENT:

BELLE CHASE MARINE

TRANSPORTATION

3900 River Road, Suite 3

Jefferson, Louisiana 70121

(504) 831-9985

FAX -837-1213

Senior Trial Attorney E.D. Bar Roll No. 25525 U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION New Orleans District Office 701 Loyola Avenue, Suite 600 New Orleans, Louisiana 70113 Telephone: (504) 589-2086 (Thornton) FAX 589-2805

 
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CLOSED, MAG-4, REFER
U. S. District Court Eastern District of Louisiana (New Orleans) CIVIL DOCKET FOR CASE #: 2:01-cv-02981-ILRL-KWR

EEOC v. Belle Chasse Marine Assigned to: Judge Ivan L. R. Lemelle Referred to: Magistrate Judge Karen Wells Roby Demand: $0 Cause: 42:2000 Job Discrimination (Race)

Date Filed: 09/28/2001 Date Terminated: 05/07/2002 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

Plaintiff
Equal Employment Opportunity Commission

represented by Lillian M. Thornton Lillian M. Thornton, Attorney at Law 48 Heritage Lane New Orleans, LA 70114 504-263-2346 Email: lillianmt@aol.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

Keith T. Hill Equal Employment Opportunity Commission New Orleans District Office 701 Loyola Ave. Suite 600 New Orleans, LA 70113 (504) 589-6817

Michelle T. Butler Equal Employment Opportunity Commission New Orleans District Office 1555 Poydras St. Suite 1900 New Orleans, LA 70112 (504) 595-2872 Email: michelle.butler@eeoc.gov

V.
Defendant Belle Chasse Marine Transportation, Inc.

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Date Filed 09/28/2001 09/28/2001 02/06/2002 02/19/2002 02/20/2002 02/21/2002 04/03/2002
04/15/2002 04/18/2002
05/07/2002 06/06/2002 06/11/2002

#

Docket Text

1 COMPLAINT; 1 summons(es) issued (bc) (Entered: 10/02/2001)
Automatic Referral (Utility Event) to Magistrate Judge Karen W. Roby (bc) (Entered: 10/02/2001)
2 M.E. (2/4/02) ORDER that case is set before Mag Judge for call docket at 11:00 2/20/02 by Magistrate Judge Karen Wells Roby (pck) (Entered: 02/06/2002)
3 WAIVER OF SERVICE of summons and complaint sent to defendant Belle Chasse Mar on 10/3/01 (bb) (Entered: 02/21/2002)
4 WAIVER OF SERVICE of summons and complaint sent to defendant Belle Chasse Mar on 10/3/01 (bb) (Entered: 02/21/2002)
5 MINUTE ENTRY ( 2/20/02 ) On 2/19/02 the pla informed the Court that the dft has agreed to a waiver of sms; accordingly, pla has satisfied the call docket order by Magistrate Judge Karen W. Roby (bb) (Entered: 02/21/2002)
6 M.E. (4/2/02) CALL DOCKET: ORDERED that pla show cause in writing by 4/17/02 why claims & demands agst dft Belle Chasse Mar Transportation should not be dismissed for pla's failure to prosecute Judge for call docket by Clerk (pck) (Entered: 04/03/2002)
8 Motion by plaintiff EEOC to cont matter for 60 days to allow the ptys to finalize their Consent Decree and ORDER - denied as moot by Magistrate Judge Karen W. Roby (gw) (Entered: 04/19/2002)
7 MINUTE ENTRY ( 4/17/02 ) the Mag Judge was notified that negotiations were successful & a settlement was reached; call docket set 4/17/02 is satisfied; Dist Judge's staff was notified to enter a dismissal w/a retention of jurisdiction by Magistrate Judge Karen W. Roby (pck) (Entered: 04/18/2002)
9 SIXTY DAY ORDER to dismiss case by Judge Ivan L. Lemelle Date Signed: 4/29/02 (CLOSED) (tbl) (Entered: 05/08/2002)
10 MOTION by plaintiff EEOC to approve and enter consent decree referred to Magistrate Judge Karen W. Roby to be heard before mag judge; no hrg date set (pck) (Entered: 06/11/2002)
11 CONSENT DECREE: ORDERED that the negotiation, execution & entry of this consent decree will fully & finally resolve any and all claims of the Title VII violation brought by the Commission agst dft alleged in the instant civil action as stated herein; dft agrees to pay to Michael Samson $12,500.00 as stated herein w/in 15 days of entry of the decree; dft agrees to re-employ Michael Samson as stated herein; dft agrees to pay the class members identified herein $500.00 each w/in 15 days of entry of the decree; dft agrees to send at least 50 percent of its managerial employees to training as stated herein; dft agrees to conduct internal training as stated herein; dft agrees to cont to implement & distribute employees as stated herein; pla & dft will bear their own atty's fees & costs; the decree shall remain in effect for a period of 2 years from the date of its execution as stated herein by Magistrate Judge Karen W. Roby Date Signed: 6/10/02 (pck) (Entered: 06/11/2002)

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