IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF LOUISIANA

DEC 28 Pi’i 3", 15

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff,
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PARAGON SYSTEMS, INC.

OA~LOREITA G. WtlYTE CLERK
CWIL ACTION NO.
04-85t3
COMP~~

Defendant.

JURY TRIAL DEMAND

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 retaliation, and to provide appropriate relief to Ms. Nekita Barjon and Mr. Sean C. Johnson who were adversely affected by such practices. The Commission alleges that Nekita Barjon was sexually harassed by Captain Henry Bianchini, her immediate supervisor and Donald Lyons, a co-worker. Ms. Barjon complained about the behavior of both men to Charlie Allbritten, Director of Security operations and to fellow employees. T he Commission further a lieges t hat in retaliation for filing t he sexual harassment complaint, the Respondent transferred Ms. Barjon to the least desirable shift (midnight to 8:00 a.m.). Three weeks after she e-mailed her sexual harassment complaint, Ms. Barjon was discharged. The Commission also alleges that, the Respondent retaliated against Mr. Sean C. Johnson, a Paragon Systems security guard and a co-worker of Ms. Barjon, atter he gave testimony during the company’s internal investigation which supported Ms. Barjon’s complaint. Following his
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statement, Captain Bianchini who was also Mr. Johnson’s supervisor, began to retaliate against Mr. Johnson and later discharged him.
The Commission’s allegations on behalf of both individuals are discussed in greater particularity in paragraph 12 below.
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. Section 2000e-5(f)(1) and (3) ("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 committed within the jurisdiction of the United States District Court for the Eastern District of Louisiana.
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(0(1) and (3) of Title VII, 42 U.S.C. Section 20003-5(0(1) and (3). 4. At all relevant times, Defendant, Paragon Systems, Inc. (the "Employer"), has continuously been an Alabama corporation doing business in the State of Louisiana and the City of New Orleans, 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 Section 701(b), (g) and (h) of Title VII, 42 U.S.C. §§ 2000e(b), (g) and (h).
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STATEMENT OF CLAIMS
11. More than thirty days prior to the institution of this lawsuit, Ms. Nikita Barjon and
Mr. Scan C. Johnson filed charges with the Commission alleging violations of Title VII by
Defendant Paragon Systems, Inc. All conditions precedent to the institution of this lawsuit have
been fulfilled.
12. Since at least April 30, 2003, Defendant Paragon Systems, Inc. has engaged in
unlawful employment practices at the U. S. Coast Guard station located in New Orleans, LA, in
violation of Section 703(a) and 704(a) of Title VII, 42 U.S.C. § 2000e-2(a) and §2000e-3(a).
Specifically:
A. Ms. Nekita Barjon, a security officer employed by the Defendant since April 30, 2003, was sexually harassed by her immediate supervisor, Captain Henry Bianchini, Paragon System’s Inc.’s contract manager at the U. S. Coast Guard station and Donald Lyons, a co-worker of Ms. Barjon’s, and a subordinate employee of Capt. Bianehini’s. Said harassment included but is not limited to inappropriate sexual statements, constant requests for dates, and inappropriate and unwarranted touching.
B. Ms. Barjon complained about the behavior of both men to Charlie Allbritten, Director of Security operations and to fellow employees. As a result of her complaints, the Defendant transferred Ms. Barjon to the least desirable shift (midnight to 8:00 a.m.). Three weeks after she e-mailed her sexual harassment complaint to human resources, the Defendant discharged Ms. Barjon.
C. With regard to the unlawful employment practices that were committed against Mr. Scan Johnson, the Commission alleges that, following the Defendant’s " investigation," of the sexual harassment complaint filed by Ms. Barj on, Mr. Johnson, was discharged because he gave testimony which supported her complaints of sexual harassment.
13. The effects of the practices complained of in paragraph 12 above have been to
deprive Ms. Nekita Barjon and Mr. Scan C. Johnson of equal employment opportunities and to
otherwise adversely affect their status as employees, because of Ms. Barjon’s sex and because of Ms.

Barjon’s and Mr. Johnson’s opposition to practices made unlawful unTdietrle VII of the Civil Rights Act of 1964, as amended.
14. The unlawful employment practices complained of in paragraph 12 above were intentional.
15. The unlawful employment practices complained of in paragraph 12 were done with malice or with reckless indifference to the federally protected rights of Ms. Nekita Barjon and Mr. Sean C. Johnson.
PRAYER FOR RELIEF Wherefore, the Commission respectfully requests that this Court: A. Grant a permanent inj unction enjoining Defendant Paragon Systems, Inc., its officers, successors, assigns, and all persons in active concert or participation with it, from engaging in sexual harassment, retaliation, and any other employment practice which discriminate on the basis of sex and retaliation.. B. Order Defendant Employer to institute and carry out policies, practices, and programs which provide equal employment opportunities for women and for employees who participate or oppose unlawful employment practices and which eradicate the effects of its past and present unlawful employment practices. C. Order Defendant Employer to make whole Nekita Barjon and Sean C. Johnson by providing appropriate back pay with prejudgment interest, in amounts to be determined at trial, and other affirmative relief necessary to eradicate the effects of its unlawful employment practices including but not limited to compensatory and punitive damages. G. Order Defendant Employer to make whole Nekita Barjon and Sean C. Johnson, by

providing compensation for past and future pecuniary losses resulting from the unlawful

employment practices described in paragraphs 12, including but not limited to job search expenses

in amounts to be determined at trial.

H. Order Defendant Employer to make whole Nekita Barjon and Sean C. Johnson, by

providing compensation for past and future nonpecuniary losses resulting from the unlawful

practices complained of in paragraphs 12 above, including emotional pain, suffering, inconvenience,

loss of enjoyment of life and humiliation, in amounts to be determined at trial.

I. Order Defendant Employer to pay Nekita Barjon and Sean C. Johnson punitive

damages for its malicious and reckless conduct described in paragraph 12 above, in amounts to be

determined at trial.

Jo

Grant such further relief as the Court deems necessary and proper in the public

interest.

K. Award the Commission its costs of this action.

JURY TRIAL DEMAND The Commission requests a jury trial on all questions of fact raised by its complaint.

ERIC DRIEBAND General Counsel
JAMES LEE Associate General Counsel
GWENDOLYN Y. REAMS Deputy General Counsel

KEITH ~F. HILL Regional Attorney Bar Roll No.: 15200000

Supervisory Trial Attorney E.D. Bar Roll No.: 1286

~/LILLIAN M. THORNTON Senior Trial Attorney E.D. Bar Roll No.: 25525

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
New Orleans District Office 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

REGISTERED AGENT FOR SERVICE OF PROCESS:

COUNSEL FOR PLAINTIFF, EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

C. T. Corporation System 8550 United Plaza Blvd. Baton Rouge, LA 70809

 
 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA

EQUAL EMPLOYMENT

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OPPORTUNITY COMMISSION

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VERSUS

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PARAGON SYSTEMS, INC.

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CONSENT DECREE

1. The United States Equal Employment Opportunity Commission ("the Commission" or

"EEOC") has instituted the above captioned action in this the United States District Court for the

Eastern District of Louisiana, charging Paragon Systems, Inc. , ( hereinafter "Paragon" 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, Nikita Barjon, on the

basis of sexual harassment and retaliation after she filed a complaint of sexual harassment. And

in behalf of Sean C. Johnson, a co-worker of Ms. Barjon, who gave testimony during the

company's internal investigation which supported Ms. Barjon's complaint, and who was

discharged in retaliation for his support of Ms. Barjon's complaints.

2. Defendant has not admitted and does not admit that it has engaged in any unlawful

employment practices and no court finding of any unlawful practice has been made.

3. This Court has jurisdiction over the subject matter and over the parties to this action.

4. Defendant and EEOC now wish to resolve all claims and controversies encompassed

by this lawsuit without the burden, expenses 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

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resolve any and all claims of the Title VII violations brought by the Commission against the 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 raised in EEOC Charge Number 270-2003-02432 and Charge Number 270-2004-01852 and Civil Action Number CV04-3513 filed by the Commission in the United States District Court for the Eastern District of Louisiana on December 28, 2004.
5. a. Paragon Systems, Inc., its directors, officers, agents, employees and successors or assigns shall not maintain or permit discrimination in the workplace against any applicant for employment or employee based upon the employee or applicant exercising their rights to make a complaint under Title VII, and will not tolerate any management decision whose basis is retaliation as complained of in EEOC Charge Numbers 270-2003-02432 and 270-2004-01852 and Civil Action Number CV04-3513
b. Defendant agrees to keep all records of any complaints made by employees under Title VII for the two year effective period of this Decree.
c. Defendant agrees to keep all records of sexual harassment complaints made by
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employees under Title VII for the two (2) year period of this Decree and agrees to provide the EEOC, every six (6) months, with a written report setting forth all complaints of sexual harassment at its facility. The reports should set forth an explanation of the investigation and disposition of such complaints, its investigation, and its disposition.
d. Defendant agrees that the Commission may review Defendant's compliance with this Decree in the event there is reasonable cause to believe non-compliance exists by: 1) notifying Defendant of the facts supporting the reasonable cause belief of non-compliance and 2) after thirty (30) days following such notification, the Commission may inspect the relevant areas of Defendant's premises relating to the alleged non-compliance, interview employees who have relevant knowledge of the alleged non-compliance and examine and copy documents relevant to the alleged non-compliance.
e. Defendant has paid to Nikita Barjon TWENTY-FIVE THOUSAND DOLLARS ($25,000.00) as compensatory damages for all loses incurred.
f. Defendant agrees to pay Sean C. Johnson FIFTEEN THOUSAND DOLLARS ($15,000.00) as compensatory damages within fifteen days of the signing of this Decree.
6. Defendant 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 as weIl as an anti-retaliation policy in the workplace. A copy of their policy has been provided to EEOC.
7. The EEOC will provide annual customer specific training at the Commission's applicable cost for Paragon's current managers, manager-trainees, supervisors, and board members on compliance with Title VII and its prohibitions.
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8. Paragon Systems, Inc. shall post conspicuously at its principal place of business, within ten (10) days of the entry of this Decree, a copy of a notice detailing Title VII's prohibitions against sex discrimination and retaliation, stating that employees who believe they have been subjected to discrimination on the basis of sex or retaliation are encouraged to contact the Equal Employment Opportunity Commission to seek information or to file a charge of discrimination. A copy of the text of the language to be utilized in this notice is attached hereto and made a part hereof as Appendix A. The notices will be posted for a period of one (1) year. Thereafter copies of the poster entitled, "Equal Employment Opportunity is the Law" (GPO 920752) will be permanently posted in place of notices.
9. Paragon Systems, Inc. shall provide the Commission, within thirty (30) days of the entry of this Decree, with a copy of its current policy against sex discrimination and retaliation in the workplace. If no such policy exist, the Paragon Systems, Inc. shall provide the Commission, within sixty (60) days of the entry of the Decree, a written policy against sex discrimination and retaliation which provides specific procedures for handling complaints and taking disciplinary actions against managers and supervisors and any other employee found to be discriminating against applicants for employment or employees. The defendant shall also certify to the EEOC within sixty (60) days of the entry of this Decree that this policy prohibiting discrimination on the basis of sex and retaliation, has been distributed to each of its employees and directors.
10. 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.
11. This Decree sets forth the entire agreement between the Commission and Defendant
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as to the captioned lawsuit, aml fully supersedes any and all prior agreements or 'mderstmdings betw~en the Commission and Defendant pertaining [0 tht! subject matter herein.
12. The Defendant and the EEOC will bear their own anorney's fees and costs jncWTed in connection with the litigation of this case.
13. This Decree shall remain in effect fOT a period of two years from theiate ofits execution.
14. The Commission does nOt agree: to any confidentiality concerning the resolution of this maner.

IT IS SO ORDERED.
THUS DONE AND SIGNED~ New Orleans, Louisiana, this ~ ~ day of :\Y8G. t 2005.

UNITED 'rES JUD

APPROVED AS TO FORM AND CONTENT:

FOR THE PLAINTIFF:

FOR THE DEFENDANT

ERIC S. DREIBAND General Counsel
KEITH T. HILL Regional Attorney

ALLEN & COaCH
NO~
Bar Roll Number: 18446 lOIS St. John Street Lafayette, Louisiana 70S0~ -3768 Telephone (337) 291-1000

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From: +5045892805 r r um-ccul.. LCI.IIIL

Page: 717

Date: 5/19/200510:47:57 AM

T:lU":lO~'OU:I

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Supervisory Trial Attorney Bar Roll No. 1286
ct~LLIA/N MA.·~T/H-Or~Senior Trial Attorney
Bar Roll No. 25525
U.S. EQUAL EMPLO¥MENT
OPPORTUNITY COMMISSION
New Orleans District Office
701 Loyola Ave, Suite 600
New Orleans, Louisiana 70113
Telephone (S04) 589-2086 (Thornton)

DINSMORE & SHOHL
~0:. O~
DAVE O'GUINN
Bar RoU Number: OR 0074378 255 East Fifth Street, Sui, e 1900 Cincinnati, 08 45202
Telephone (513)-977-8200

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, . . '.

EMPLOYEE NOTICE
Posted Pursuant to an Agreement between
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION New Orleans District Office and PARAGON SYSTEMS, INC.

This Notice to all employees of PARAGON SYSTEMS, INC. of New Orleans is being posted as part of a mutually agreed settlement between Paragon Systems, Inc. and the EQUAL EMPLOYMENT OPPORTUNITY COMMISSION (EEOC).

Federal law requires that there be no discrimination against any employee or applicant for employment because of the employee's race, color, religion, sex, national origin, age (40 or over) or disability with respect to compensation, hiring, promotion, firing, or other terms, conditions or privileges of employment.

Paragon Systems, Inc. supports and will comply with such Federal law in all respects and will not take any action against present or former employees and applicants because they have exercised their rights under the law by filing charges with the Equal Employment Opportunity Commission, or protesting practices made illegal under the law.

Paragon Systems, Inc. will not retaliate against employees, because they have filed charges of discrimination, by providing adverse job references to prospective employers that the applicant had filed charges of discrimination with the Equal Employment Opportunity Commission.

This Notice will remain posted for one year from the date of signature by directions of the Equal Employment Opportunity Commission.

Signed this _ day of

2005.

For: PARAGON SYSTEMS, INC.
Questions concerning this notice may be addressed to: Equal Employment Opportunity Commission 701 Loyola Avenue New Orleans, LA 70113 Telephone (504) 589-2329

 
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2000E, CLOSED, MAG-4, REFER
U. S. District Court Eastern District of Louisiana (New Orleans) CIVIL DOCKET FOR CASE #: 2:04-cv-03513-AJM-KWR

EEOC v. Paragon Systems Inc Assigned to: Judge A. J. McNamara Referred to: Magistrate Judge Karen Wells Roby Demand: $0 Cause: 42:2000e Job Discrimination (Employment)

Date Filed: 12/28/2004 Date Terminated: 04/06/2005 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 Paragon Systems Inc

represented by George Davidson Fagan Leake & Andersson, LLP Energy Centre 1100 Poydras St.

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Suite 1700 New Orleans, LA 70163-1701 (504) 585-7500 Email: gfagan@leakeandersson.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Angelina Christina Leake & Andersson, LLP Energy Centre 1100 Poydras St. Suite 1700 New Orleans, LA 70163-1701 504-585-7500 Email: achristina@leakeandersson.com

Date Filed 12/28/2004 12/28/2004 02/25/2005 03/01/2005
03/17/2005 03/21/2005
04/06/2005 06/06/2005 06/07/2005 06/08/2005 06/10/2005

#

Docket Text

1 COMPLAINT; 1 summons(es) issued (dmg) (Entered: 12/29/2004)
Automatic Referral (Utility Event) to Magistrate Judge Karen W. Roby (dmg) (Entered: 12/29/2004)
2 MOTION for Extension of Time to Answer by Paragon Systems Inc. (dmg, ) (Entered: 03/02/2005)
3 ORDER granting 2 Motion for Extension of Time to Answer as to Paragon Systems Inc answer due 3/17/2005. . Signed by Judge A. J. McNamara on 2/28/05. (dmg, ) (Entered: 03/02/2005)
4 MOTION for Extension of Time to Answer re 1 Complaint by Paragon Systems Inc. (bbc, ) (Entered: 03/21/2005)
5 ORDER granting 4 Motion for Extension of Time to Answer 1 Complaint as to Paragon Systems Inc; answer due 4/6/2005. . Signed by Judge A. J. McNamara on 3/18/05. (bbc, ) (Entered: 03/21/2005)
6 60-DAY ORDER DISMISSING CASE. Signed by Judge A. J. McNamara. (CASE CLOSED)(dmg, ) (Entered: 04/07/2005)
7 MOTION for Extension of Time to File Consent Decree by Equal Employment Opportunity Commission. (dmg, ) (Entered: 06/08/2005)
8 ORDER granting 7 Motion for Extension of Time to File Consent Decree until 6/10/05. Signed by Judge A. J. McNamara. (dmg, ) (Entered: 06/08/2005)
9 MOTION to Approve Consent Judgment by Equal Employment Opportunity Commission, Paragon Systems Inc. (dmg, ) (Entered: 06/13/2005)
10 CONSENT DECREE. Signed by Judge A. J. McNamara on 6/9/05. (dmg, ) (Entered: 06/13/2005)

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06/10/2005

11 STIPULATION of Dismissal w/prej by Equal Employment Opportunity Commission, Paragon Systems Inc. (dmg, ) (Entered: 06/13/2005)

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