Case 4:07-cv-00887-WRW Document 1 Filed 09/28/2007 Page 1 of 6

FILED
IN THE UNITED STATES DISTRICT COURT U.S. DISTRICT COURT FOR THE EASTERN DISTRICT OF ARKANSASEASTERN DISTRICT ARKANSAS

WESTERN DIVISION

SEP 28 2007

•

EQUAL EMPLOYMENT OPPORTUNITY

)

COMMISSION,

)

)

Plaintiff,

)

)

CIVIL ACTION NO.

v.

)

4 - 0 7 - CV - 0 0 8 8 7 WRW"

)

BFI WASTE SERVICES, LLC

)

d/b/a ALLIED WASTE SERVICES

)

COMPLAINT

of LITTLE ROCK

)

)

Defendant.

)

JURY TRIAL DEMAND

NATURE OF THE ACT I OlJhiScase assig~t.o Di.trlot:Ju~t;j:,.::!.!../i2.~ o::.o.::..::::;=-=,----,==--o.===""and to Magistrate Judge_ _ _~:=T-_ This is an action under Title VII of the Civil Rights of 1964 and Title I of the Civil Rights Act of 1991 to correct unlawful employment practices on the basis of sex and to provide appropriate relief to Sherri Morehead, Dawn Gaddy, and a class of females who were adversely affected by such practices. The Commission alleges that Ms. Morehead, Ms. Gaddy, and other females were denied hire by BFI Waste Services, LLC, d/b/a Allied Waste Services of Little Rock ("Defendant Employer"), because of their sex, female. JURISDICTION AND VENUE 1. Jurisdiction of this Court is invoked pursuant to 28 U.S.C. §§ 451, 1331, 1337, 1343 and 1345. This action is authorized and instituted pursuant to Sections 706(f) (1) and (3) of Title VII of the Civil Rights Act of 1964, as amended, 42

Case 4:07-cv-00887-WRW Document 1 Filed 09/28/2007 Page 2 of 6
u.S.C. §§ 2000e-5(f) (1) and (3) ("Title VII")and Section 102 of the Civil Rights Act of 1991, 42 U.S.C. § 1981a.
2. The unlawful employment practices alleged below were and are now being committed within the jurisdiction of the United States District Court for Eastern District of Arkansas, Western Division.
PARTIES 3. Plaintiff, the Equal Employment Opportunity Commission (the "Commission"), is the agency of the United States of America charged with the administration, interpretation and enforcement of Title VII, and is expressly authorized to bring this action by Sections 706(f) (1) and (3) of Title VII, 42 U. S . C . § § 2000 e - 5 (f) (1) and (3) .
4. At all relevant times, Defendant Employer has
continuously been a foreign corporation doing business in the State of Arkansas and the City of Little Rock and has continuously had at least 15 employees.
5 . At all relevant times, Defendant Employer has
continuously been an employer engaged in an industry affecting commerce within the meaning of Sections 701 (b), (g) and (h) of Title VII, 42 U.S.C. §§ 2000e(b), (g) and (h). Defendant Employer operates bars all across the State of Arkansas.
STATEMENT OF CLAIMS 6. More than thirty days prior to the institution of this
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lawsuit, Sherri Morehead and Dawn Gaddy filed charges with the Commission alleging violations of Title VII by Defendant Employer. All conditions precedent to the institution of this lawsuit have been fulfilled.
7. Since at least January 2006, Defendant Employer has engaged in unlawful employment practices at its Little Rock, Arkansas, location in violation of Section 703 of Title VII, 42 U.S.C. §2000e-2(a).
8. Ms. Morehead attempted to apply as a truck driver with Defendant Employer and was denied the opportunity to submit an application.
9. Ms. Gaddy was permitted to apply as a truck driver with Defendant Employer but was not hired, while male drivers with less qualifications and experience were hired.
10. Other female applicants have been denied the opportunity to apply, and/or have not been hired while males with less qualifications and experience were hired.
11. The effect of the practices complained of in paragraph 7-10 above has been to deprive Ms. Morehead, Ms. Gaddy, and a class of females of equal employment opportunities and otherwise adversely affect their status as an employee and an applicant, because of their sex, female.
13. The unlawful employment practices complained of in
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paragraph 7-10 above were, and are, intentional. 14. The unlawful employment practices complained of in
paragraph 7-10 above were, and are, done with malice or with reckless indifference to the federally protected rights of Ms. Morehead, Ms. Gaddy, and a class of females.
PRAYER FOR RELIEF Wherefore, the Commission respectfully requests that this Court: A. Grant a permanent injunction enjoining Defendant Employer, its officers, successors, assigns, and all persons in active concert or participation with it, from engaging in sex discrimination with regard to hire and any other employment practice which discriminates on the basis of sex, female. B. Order Defendant Employer to institute and carry out policies, practices, and programs which provide equal employment opportunities for females, and which eradicate the effects of its past and present unlawful employment practices. C. Order Defendant Employer to make whole Ms. Morehead, Ms. Gaddy, and a class of females 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 hiring of Ms. Morehead, Ms. Gaddy, and other
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qualified females to a truck driving position. D. Order Defendant Employer to make whole Ms. Morehead,
Ms. Gaddy, and a class of females by providing compensation for past and future pecuniary losses resulting from the unlawful employment practices described in paragraph 7-10 above, in amounts to be determined at trial.
E. Order Defendant Employer to make whole Ms. Morehead, Ms. Gaddy, and a class of females by providing compensation for past and future nonpecuniary losses resulting from the unlawful practices complained of in paragraph 7-10 above, including emotional distress, pain and suffering, embarrassment, humiliation and loss of enjoyment of life, in amounts to be determined at trial.
F. Order Defendant Employer to pay Ms. Morehead, Ms. Gaddy, and a class of females punitive damages for its malicious and/or reckless conduct described in paragraph 7-10 above, in amounts to be determined at trial.
G. Grant such further relief as the Court deems necessary and proper in the public interest.
H. Award the Commission its costs of this action. JURY TRIAL DEMAND
The Commission requests a jury trial on all questions of fact raised by its complaint.
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RONALD S. COOPER General Counsel JAMES LEE Deputy General Counsel GWENDOLYN YOUNG REAMS As~oc'at~al
FAYE A. WILLIAM Regional Attorney Tennessee Bar No. 011730 EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 1407 Union Avenue, Suite 900 Memphis, Tennessee 38104 (901) 544-008
A
Senior Trial Attorney Arkansas Bar No. 95085 EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 820 Louisiana, Suite 200 Little Rock, AR 72201 Telephone No. (501) 324-5065
6

 
 Case 4:07-cv-00887-WRW Document 12 Filed 03/27/2008 Page 1 of 8

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF ARKANSAS
WESTERN DIVISION

EQUAL EMPLOYMENT OPPORTUNITY

)

COMMISSION,

)

)

Plaintiff,

)

)

v.

)

)

BFI WASTE SERVICES, LLC

)

d/b/a ALLIED WASTE SERVICES

)

of LITTLE ROCK

)

)

Defendant.

)

CIVIL ACTION NO. 4-07-CV- 00887

CONSENT DECREE
INTRODUCTION Plaintiff, Equal Employment Opportunity Commission ("the Commission"), instituted this action on September 28, 2007, against Defendant BFI Waste Services, LLC d/b/a Allied Waste Services of Little Rock (the "Defendant" or "BFI") under Title VII
of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e et. seq. ("Title VII"). In
its Complaint, the Commission alleged that Charging Parties Dawn Gaddy and Sherry Morehead and other females were subjected to unlawful employment practices on the basis of sex, female, in violation of Title VII when Defendant denied them employment as truck drivers.
The Defendant has denied that it engaged in any unlawful employment practices as alleged by the Commission or that it otherwise violated Title VII. This Decree is not an adjudication or finding on the merits of this case and shall not be construed as an

Case 4:07-cv-00887-WRW Document 12 Filed 03/27/2008 Page 2 of 8

admission of liability on the part of BFI.

In the event this proposed Consent Decree is not approved or does not become

final, then it shall not be admissible in evidence in any subsequent proceeding in this

action. Further, this Consent Decree shall not be admissible in any other action now

pending or which may be filed in the future.

The Court has reviewed the terms of the proposed Consent Decree in light of the

applicable laws and regulations and the statements and representations of counsel for

all parties and hereby approves the Consent Decree.

I. JURISDICTION

A. This Court has jurisdiction over the parties and subject matter of this

litigation.
B.

The Court shall retain jurisdiction of this action during the duration of the

Decree for the purposes of entering all orders that may be necessary to implement the

relief provided herein.

II. MODIFICATION

This Consent Decree constitutes the complete and exclusive agreement between

the parties with respect to the matters referred to herein. No waiver. modification, or

amendment of any provision of this Consent Decree shall be effective unless made in

writing and signed by both parties.

III. DURATION OF AGREEMENT

This Decree shall remain in effect for a period of three years.

IV. INJUNCTIVE RELIEF

A. Defendant, its officers, agents, management. (including supervisory

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employees), successors, and assigns are hereby enjoined from failing to hire female applicants on the basis of their sex.
B. Defendant is hereby enjoined from retaliating against Sherry Morehead, Dawn Gaddy, Karen Coleman, and any employee or applicant for employment as a result of their participation in this litigation.
V. TRAINING A. Defendant shall provide employment-discrimination awareness training to all of its General Managers, Supervisors, and Dispatchers at its Little Rock, Arkansas facility according to the following terms: B. The training session will include at least two (2) hours of instruction; C. The training will include the following topics:
1. what constitutes sex discrimination; 2. how to prevent, identify, and remedy sex discrimination in hiring; 3. what constitutes retaliation in violation otTitle VII; 4. Defendant's policy against sex discrimination and retaliation; and 5. procedures and responsibilities for reporting, investigating, and
remedying conduct an employee believes may be in violation of Defendant's policy against sex discrimination. D. Within forty-five (45) days after execution of this Consent Decree by the parties, Defendant shall submit to the Commission the date of the proposed training session and a detailed outline of the proposed training. E. The training session will be conducted within ninety (90) days after the date of the entry of this Consent Decree by the Court.
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F. Within 120 days of this Decree, Defendant shall provide documentation to the Commission that the training session identified above has been conducted
VI. POSTING AND POLICIES A. Within thirty (30) days of the entry of this Consent Decree, Defendant shall post and cause to remain posted for three years the notice attached hereto as Exhibit A. B. Defendant will continue to keep conspicuously posted at its Little Rock facility the notice required by Title Vii, § 711, 42 U.S.C. 2000e-10. C. Defendant will post notices for open truck driving positions at the following locations in addition to those locations at which Defendant currently posts open truck driving positions:
a. Pulaski County Health Department b. Pulaski Technical College c. Little Rock Job Corps
VII. MONETARY RELIEF A. Defendant shall pay Sherry Morehead, Dawn Gaddy, and a female class member monetary relief in settlement of this lawsuit that shall be distributed as follows. B. Defendant will pay a total of $60,500.00 in damages and $24,745.09 in back pay and Interest, less applicable withholding taxes, to Sherry Morehead. The check will be mailed to the following address:
Sherry Morehead #12 Clint Court, Apt. A Little Rock, Arkansas 72205 C. Defendant will pay a total of $68,500 in damages and $6,753.48 in back
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pay and interest, less applicable withholding taxes, to Dawn Gaddy. The check will be mailed to the following address:
Dawn Gaddy 6408 Tulip Road Little Rock, Arkansas 72209 D. Defendant will pay a total of $10,000.00 in damages and $20,281.49 in back pay and interest, less applicable withholding taxes, to Karen Coleman. The check will be mailed to the following address: Karen Coleman 13024 Highway 365 South, Apt. #25 Little Rock, Arkansas 72206 E. A copy of the checks will be mailed to Pamela B. Dixon, Senior Trial Attorney. F. The checks will be mailed within fourteen (14) days of the entry of the Decree by the Court, and late payment of the checks shall be subject to the accrual of interest pursuant to 28 U.S.C. §1961.
VIII. REPORTING A. Defendant will submit two reports to the Commission. The first report will be submitted within twelve (12) months of entry of the Decree. The second report will be submitted within thirty (30) months of entry of the Decree. B. The first report will include:
1. a list of the names, sex, date of hire, and date employment ended, if applicable, of all drivers hired during the relevant period;
2. any complaints of sex discrimination based on failure to hire brought to the attention of management and/or human resources at
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the Little Rock Arkansas facility;

3. the investigation conducted by Defendant in response to each

complaint and indicate how the complaint was resolved.

C. The second report will include the same information outlined in B 1, 2, and

3.

D. Each report will describe Defendant's training of managers at the Little

Rock, Arkansas facility in the requirements of Title VII of the Civil Rights Act of 1964, as

amended, as set forth herein.

E. Each report will be forwarded to Pamela B. Dixon, Senior Trial Attorney, at

the Commission's Little Rock Area office.

IX. COSTS

Each party shall bear that party's own costs, attorneys' fees, and expenses.

t Mtv"l.L, SO ORDERED THIS 1.. t\AY OF

......,-2088.

Wl'LlL
UNITED STATES DISTRICT JUDGE

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Case 4:07-cv-00887-WRW Document 12 Filed 03/27/2008 Page 7 of 8

FOR DEFENDANT:
NT HILL ckson ewis LLP 1900 Marquis One Tower 245 Peachtree Center Ave., N,E, Atlanta, Georgia 30303

FOR THE COMMISSION:
RONALD S. COOPER General Counsel
JAMES LEE Deputy General Counsel
GWENDOLYN YOUNG REAMS
JJ . U..t . ssociate General Counsel
(, -r (.
filA.YE 'A. WILLIAMS
egional Attorney EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 1407 Union Avenue, Suite 901 Memphis, Tennessee 38104 ( 1) 54 -0088
~ .,----
1l',\IV~J'\. CAS , Supervisory Trial Attorney AR # 88081
;J~t,/t<V~

Little Rock Area Office 820 Louisiana, Suite 200 Little Rock, AR 72201 (501) 324-5539, 324-5065

7

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Case 4:07-cv-00887-WRW Document 12 Filed 03/27/2008 Page 8 of 8

NOTICE
1, Title VII of the Civil Rights Act of 1964, as amended, is a federal law that provides that it shall be an unlawful employment practice for an employer discriminate against any individual because of such individual's sex,
2, BFI supports and will comply with Title VII in all respects and will not discriminate against employees,
3, BFI will not take any action against employees because they have opposed employment practices made illegal by Title VII or exercised their rights under the law by filing charges with the Equal Employment Opportunity Commission, or because they testified, assisted, or participated in any manner in any investigation, proceeding, or hearing under Title VII.

BFI

D~e

Title

EXHIBIT A 8

 
 Case: 4:07-cv-00887-WRW As of:10/13/2009 01:38 PM CDT 1 of 2
CLOSED, JTR, JURY
U.S. District Court Eastern District of Arkansas (Little Rock) CIVIL DOCKET FOR CASE #: 4:07−cv−00887−WRW

Equal Employment Opportunity Commission v. BFI Waste Services LLC Assigned to: Judge William R. Wilson, Jr Cause: 42:2000e Job Discrimination (Employment)
Plaintiff

Date Filed: 09/28/2007 Date Terminated: 03/27/2008 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

Equal Employment Opportunity Commission

represented by Faye A. Williams Equal Employment Opportunity Commission − Memphis 1407 Union Avenue Suite 901 Memphis , TN 38104 901−544−0088 Email: faye.williams@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Pamela B. Dixon Equal Employment Opportunity Commission − Little Rock 820 Louisiana Street Suite 200 Little Rock , AR 72201 (501) 324−5065 Email: pamela.dixon@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

William A. Cash , Jr. Equal Employment Opportunity Commission − Little Rock 820 Louisiana Street Suite 200 Little Rock , AR 72201 (501) 324−5539 Email: william.cash@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

V.
Defendant
BFI Waste Services LLC doing business as Allied Waste Services of Little Rock

represented by Paul D. Waddell Barrett &Deacon, P.A. − Jonesboro Post Office Box 1700 Jonesboro , AR 72403−1700 (870) 931−1700 Email: pwaddell@barrettdeacon.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Stephen X. Munger Jackson Lewis LLP − Atlanta 1155 Peachtree Street, NE Suite 1000 Atlanta , GA 30309−3600

Case: 4:07-cv-00887-WRW As of:10/13/2009 01:38 PM CDT 2 of 2
(404) 525−8200 Fax: (404) 525−1173 Email: mungers@jacksonlewis.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Owen T. Hill Jackson Lewis LLP − Atlanta 1155 Peachtree Street, NE Suite 1000 Atlanta , GA 30309−3600 (404) 525−8200 Fax: (404) 525−1173 Email: hillo@jacksonlewis.com ATTORNEY TO BE NOTICED

Date Filed 09/28/2007 10/26/2007 11/30/2007 11/30/2007 12/04/2007 12/04/2007
12/07/2007 12/07/2007 12/13/2007 02/20/2008 03/04/2008
03/27/2008

# Docket Text
1 COMPLAINT with Jury Demand filed by Equal Employment Opportunity Commission against BFI Waste Services, LLC; (No summons were issued). (kjp) (Entered: 09/28/2007)
2 WAIVER OF SERVICE Returned Executed as to BFI Waste Services LLC by Equal Employment Opportunity Commission. (Dixon, Pamela) (Entered: 10/26/2007)
3 NOTICE of Appearance by Paul D. Waddell on behalf of BFI Waste Services LLC (Waddell, Paul) (Entered: 11/30/2007)
4 ANSWER to 1 Complaint by BFI Waste Services LLC.(Waddell, Paul) (Entered: 11/30/2007)
5 MOTION for Leave to Appear Pro Hac Vice Admission by BFI Waste Services LLC (Waddell, Paul) (Entered: 12/04/2007)
6 (This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER granting 5 Defendant's Motion for Leave Mr. Stephen X. Munger and Mr. Owen T. Hill to Appear Pro Hac Vice. Mr. Stephen X. Munger and Mr. Owen T. Hill should enter appearances on behalf of Defendant. Signed by Judge William R. Wilson, Jr on 12/04/07. (dmm) (Entered: 12/04/2007)
7 NOTICE of Appearance by Owen T. Hill on behalf of BFI Waste Services LLC (Hill, Owen) (Entered: 12/07/2007)
8 NOTICE of Appearance by Stephen X. Munger on behalf of BFI Waste Services LLC (Munger, Stephen) (Entered: 12/07/2007)
9 INITIAL SCHEDULING ORDER (DOC): Jury Trial set for 2/3/2009 at 9:00 AM in Little Rock Courtroom #4C before Judge William R. Wilson Jr.; Rule 26(f) Report due by 2/22/2008. (maj) (Entered: 12/13/2007)
10 REPORT of Rule 26(f) Planning Meeting by BFI Waste Services LLC (Hill, Owen) (Entered: 02/20/2008)
11 FINAL SCHEDULING ORDER (DOC): Jury Trial set for 2/3/2009 at 9:00 AM in Little Rock Courtroom #4C before Judge William R. Wilson Jr; Discovery due by 11/18/2008; Motions due by 12/3/2008; Pretrial Disclosure Sheet due by 1/5/2009. (maj) (Entered: 03/04/2008)
12 CONSENT DECREE by the parties that deft will comply with all provisions set forth in this Decree; each party shall bear that party's own costs, attorneys' fees, and expenses; terminating case. Signed by Judge William R. Wilson, Jr on 3/27/08. (vjt) (Entered: 03/31/2008)