IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS
HOUSTON DIVISION

UNITED ~TAT£S COUi<TS
SOUTHERN DISTRICT OF TEXAS
FILED
~ SEP 302004
"'''MiIIIv...",_

EQUAL EMPLOYMENT OPPORTUNITY

§

COMMISSION,

§

§

Plaintiff,

§

§

VS.

§

§

W-INDUSTRlES LIMITED, L.P., a/k/a

§

W-INDUSTRlES L.L.C.

§

§

Defendant.

.§

---------------------------------§

CIVIL ACTION NO.
B-04-3808
JURY TRIAL DEMANDED

COMPLAINT

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 discrimination and to provide

appropriate relief to Brion Wilson ("Wilson"), who was adversely affected by Defendant's

unlawful employment practices. While employed by W-Industries Limited, L.P., a/k/a W-

Industries L.L.C., Mr. Wilson was transferred and then terminated because he opposed

employment practices reasonably believed to be unlawful under Title VII and because he filed a

Charge of Discrimination with the Equal Employment Opportunity Commission.

JURISDICTION AND VENUE

l. Pursuant to 28 U.S.c. §§ 451,1331,1337,1343 and 1345, the United States

District Court has jurisdiction over the subject matter of this civil action. 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. § 2000e, et seq. ("Title VII"), and Section 102 of the Civil

Rights Act of 1991,42 U.S.c. § 1981a.

2. The unlawful employment practices alleged in this complaint were committed within the jurisdiction of the United States District Court for the Southern District of Texas, Houston Division. Venue is appropriate in this court.
PARTIES 3. Plaintiff, the Equal Employment Opportunity Commission ("EEOC" or "the Commission"), is the agency of the United States of America charged with the administration, interpretation and enforcement of Title VII , and is expressly authorized to bring this action by Section 706(f)(1) and (3) of Title VII, 42 U.S.C. § 2000(e)-5(f)(1) and (3). 4. Defendant, W-Industries Limited, L.P., a/k/a W-Industries L.L.C ("Defendant"), is a Texas limited partnership. Defendant is now doing business (and has continuously been doing business) in the State of Texas, Harris County, and the city of Houston, and has continuously had more than 15 employees at all times relevant to this cause of action. 5. Defendant may be served with process by serving its registered agent T.L. Lynn, 11500 Charles Road, Houston, Texas, 77041. 6. At all relevant times, Defendant has continuously been an employer engaged in an industry affecting commerce within the meaning of Sections 701(b), (g) and (h) of Title VII, 42 U.S.C. §§ 2000e(b), (g) and (h).
STATEMENT OF CLAIMS 7. More than thirty days prior to the institution of this lawsuit, Mr. Wilson filed with the Commission a charge alleging violations of Title VII by Defendant. All conditions precedent to the institution of this lawsuit have been fulfilled, including the filing of a timely charge of employment discrimination, and an attempt to conciliate the matter. Mr. Wilson filed
2

an initial charge of discrimination with the Commission on May 19, 2003, and an amended charge on October 1, 2003.
8. In May 2003, Defendant engaged in unlawful employment practices in violation of Section 704(a) of Title VIT, 42 U.S.C. §2000e-3(a).
9. From the time Mr. Wilson began his employment with Defendant in August 1998 through May 2003, co-workers and supervisors subjected him to unwelcome vulgar comments, sexual propositions and touching of a sexual nature.
10. Mr. Wilson opposed the practices identified in the preceding paragraph, which he
reasonably believed to be unlawful under Title vn, through informal protests and internal
complaints to supervisors and members of management. 11. On May 13, 2003, Mr. Wilson was escorted off of a work site in Aransas Pass,
Texas by Defendant's Superintendent Donald Thomas. 12. Defendant claims Mr. Wilson had become too vocal about the fact he had a
lawyer assisting him with a sexual harassment complaint against the company. 13. On May 19, 2003, Mr. Wilson filed a Charge of Discrimination with the Equal
Employment Opportunity Commission alleging discrimination on the basis of his sex, male. 14. On May 20, 2003, Defendant called Mr. Wilson back to work, but reassigned him
to a less desirable position in its fabrication shop in Houston, Texas. 15. On May 22,2003, Mr. Wilson was terminated due to his opposition to what he
believed were unlawful employment practices and his filing of a Charge of Discrimination with the Equal Employment Opportunity Commission.
16. The effect of the practices complained of in the preceding paragraphs has been to
3

deprive Mr. Wilson of equal employment opportunities and otherwise adversely affected his status as an employee because he acted in opposition to what he reasonably believed were unlawful employment practices.
17. The effect of the practices complained of in the preceding paragraphs has been to deprive Mr. Wilson of equal employment opportunities and otherwise adversely affected his status as an employee because he filed a Charge of Discrimination with the Equal Employment Opportunity Commission.
18. The unlawful employment practices of which the Commission complains in the preceding paragraphs were intentional.
19. The unlawful employment practices complained of in the preceding paragraphs were done with malice or reckless indifference to the federally protected rights of Mr. Wilson.
PRAYER FOR RELIEF 20. Wherefore, the Commission respectfully requests that this Court:
A. Grant a permanent injunction enjoining Defendant W-Industries Limited, L.P., aJk/a W-Industries L.L.C., and its officers, successors, assigns, and all persons in active concert or participation with them, from engaging in any unlawful retaliation against individuals who oppose employment practices reasonably believed to be unlawful under Title VII, or against individuals who assist, encourage, and/or support others who oppose employment practices reasonably believed to be unlawful under Title VII.
B. Order Defendant W-Industries Limited, L.P., aJk/a W-Industries L.L.C., to institute and carry out policies, practices, and programs which provide
4

equal employment opportunities for employees who oppose employment practices reasonably believed to be unlawful under Title VII and employees who assist, encourage, and/or support others who oppose employment practices reasonably believed to be unlawful under Title VII. C. Order Defendant W-Industries Limited, L.P., aIkIa W-Industries L.L.C., to make whole Mr. Wilson by providing appropriate back pay with prejudgment interest, in amounts to be proved at trial, and other affirmative relief necessary to eradicate the effects of unlawful employment practices, including but not limited to reinstatement, or, in the alternative, to provide front pay. D. Order Defendant W-Industries Limited, L.P., aIkIa W-Industries L.L.C., to make whole Mr. Wilson by providing compensation for past and future pecuniary losses resulting from the unlawful employment practices described in the preceding paragraphs. E. Order Defendant W-Industries Limited, L.P., aIkIa W-Industries L.L.C., to make whole Mr. Wilson by providing compensation for past and future nonpecuniary losses resulting from the unlawful employment practices described in the preceding paragraphs, including emotional pain, inconvenience, and humiliation, in amounts to be determined at trial. F. Order Defendant W-Industries Limited, L.P., alkJa W-Industries L.L.C., to pay Mr. Wilson punitive damages for its malicious and reckless conduct, as described above, in an amount to be determined at trial.
5

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.
Respectfully submitted,
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
ERIC S. DREIBAND General Counsel
JAMES L. LEE Deputy General Counsel
GWENDOLYN YOUNG REAMS Associate General Counsel 1801 L. Street, N.W. Washington, D.C. 20507
Bny' :..~ -1A A C ./O 1..- ~
Aimee McFerren Attorney-in-Charge Kentucky Bar No.: 89912 SDN: 36953 Houston District Office 1919 Smith Street, 7th Floor Houston, Texas 77002-8049 (713) 209- 3323 Fax: (713) 209-3402
6

OF COUNSEL EQUAL EMPLOYMENT OPPORTUNITY COMMISSION HOUSTON DISTRICT OFFICE
By:~~~~~~~_____
Jim Sa her Reg' 0 al Attorney
By:'~)k~-
Rose Adewale-Mendes Supervisory Trial Attorney ATTORNEYS FOR PLAINTIFF
7

JS 44

(Rev. 07/89)

CIVIL COVER SHEET

The JS 44 civil cover sheet and the infonnation contained herein neither replace nor supplement the filing and service of pleadings Or other papers as required by law, except as provided by local rules of court. This fonn.

approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of Court for the purpose of initiating the civil docket sheet. (SEE INSTRUCTIONS ON THE REVERSE

OF THE FORM.)

~

I(a) PLAINTIFFS
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

\~~~W

DEFENDANTS
W-INDUSTRIES LIMITED, L.P., aIkIa W-INDUSTRIES L,L,C,

(b) COUNTY OF RESIDENCE OF FIRST LISTED PLAINTIFF _ __
(EXCEPT IN U.S. PLAINTIFF CASES)

UNI
SO

(c) ATTORNEYS (FIRM NAME, ADDRESS, AND TELEPHONE NUMBER)
Aimee McFerren, Trial Attorney EEOC-Houston District Office 1919 Smith Street, 7th Floor Houston, Texas 77002 713 209-3323

-04-3808

II. BASIS OF JURISDICTION

(pUCE AN x IN ONE BOX ONLY)

[xlI u.s. Government
Plaintiff
[] 2 U.S. Governmenl Defendant

[] 3 Federal Question (U S Government Not a Party)
[] 4 Diversity (Indicate CItizenship of PartIes in Item Ill)

III. CITIZENSHIP OF PRINCIPAL PARTIES (pu\CE ANx IN ONE 1l0X

(For Diversity Cases Only)

FOR Pu\INTIFF AND ONI! flOX llOR DEFENDANl1

PTF DEF

PTF DEF

Citizen of This State [ ] I [] I Incorporated or Principal Place [] 4 [] 4

of Business in This State
Citizen of Another State (1 2 (J 2 Incorporoted and Principal Place [ ] 5 (] 5

of Business in Another State

Citizen or Subject ofa [] 3 [] 3 Foreign Nation

[]6 []6

Foreign Country

IV. CA USE OF ACTION (ClrE TIlE US CIVIL SfATUlll UNDER WIllCII YDU ARE FlUNG AND WRITE ABRIEF SfATCMENT OF CAUSE. 00 NOT CITE JURISDICTIONAL SfAlUfES UNLESS DIVERSITY)
Defendant has engaged in unlawful employment practices in violation of Section 704(a) of Title VII, 42 U.S.C, § 2000e-3(a) and Section 102 of the Civil Rights Act of 1991,42 U.S.C. § 1981 a. The unlawful practices included transferring and terminating employee Brion Wilson because he opposed employment practices reasonably believed to be unlawful under Title VII and because he filed a Charge of Discrimination with the Equal Employment Opportunity Commission.

.V NATURE OF SUIT (PLACE AN x IN ONE BOX ONLY)

CONTRACT

TORTS

[] II 0 Insurance [] 1Z0 Manne [] 130 M,lIc,,'" [] 140 Negotiable Instrument
[] ~9o=~;J~;:r:;en, &
[] 151 Medica.. Acl
[] J£.=7'::Je:'~:')
[] 1J~=;:c~~~rpa}ment of
(] 160 SlockhoJdt'TII'SUlts [] 190 Otha Conl"",1
[] 195 Contract Product uabillty
REAL PROPERTY [] 210 LandCondemnauon [] 220 F_lo,we [] 230 Rem lJ:as, &!;i..uuenl [] 240 Tortsto l.and [] 245 Tort Product 1.lablhty [] 290 All Oth" Real Proporty

PERSONAL INJURY [] 3/0 Auplan. [] 315 Airplane Produ~1 l.lability
[] 320 Assault. LIbel &Slander [] 330 Federal Emplo"",' Llab,hly
[] 340 Mann. [] 345 Manne Pnxluct l.Jatnhly
[] 350 Mol", Vom,l, [] 355 Motor Velucle Product
[] 360 Other PCnlunallfljury
l.Jatllhty
CIVIL RIGHTS [] 441 Volm.
[X] 442 Emplo)'n,nl
[] 443 IlousmglAecommodauons
[] 444 Welliln:
[] 440 Other CIVil Rights

PERSONAL INJURY
[] 361..~":.:~~1:-
(] 36t:~~I~~lallnJury-prodUCI
[] 36~~~:t~a::;nal IOJury
PERSONAL PROPERTY [] 370 Olh" Fnmd [] 371 Truth In Lendmg [] 380 Other Personal Property Damage
IJ -Ha~II~;PCrty Damage Product
PRISONER PETITIONS [] 510 Mutlons til Vacate Scntence
llabcas Corpus.
[] 530 General [] 535 llealh Penalty [] 540 Mandamus &Olher [] 550 Other

FORFEITURE/PENALTY
[] 6\0 A(!n,ulture [] 620 Olha Food &Drug
[] ~~~~72g1 ~~~K~I7Urc of
[] 630 Llqu", Laws [] 640 R.R& TNCk
[J 650 AIThne Regs
[] 660 Oa.upallOnal Sarclylilcalth [] 690 0lher
LABOR
[] 710 Fair labor Standards Act
[][] 720 Latxlf/M:gml RelatIOn, 71~~:::~,' Reporting
[] 740 ",,,'way Labor Act [] 790 Olht.'1 Labor lUlgaJloo [] 79 k,~""PI ReI In, Secunly

BANKRUPTCY [] 422 Appeal 28 USC 158 (] 423 W,thdnowal 28 USC 157
PROPERTY RIGHTS
[] 820 C""",ghU [] 830 Palenl [] 840 Tradcuwk
SOCIAL SECURITY
[] 861 IUA(139'llJ (] 862 Blackl.un. (923) [] 863 DIWC/DIWW (40'(,)) [] 864 SSID "'HI, XVI
[] 865 RSI ("0'('»
FEDERAL TAX SUITS
[J 1~1~~;S (U S Plamillfor
n 871 IRS·:fhmJ Pany26 USC 7{-IJ9

OTHER STATUTES
[] 400 SlAle Rcap(XlrtlOruncnl (] 410 Anhtru.<1 [] 430 nanks and Hankmg
[] 450 CommerccflCC Rates/etc
[] 460 Deponahon
[] 439:':= Innuenced and Corrupl
[] 810 Sol«hvc Scrvu..
[] ~";"UesiCOnunod>Uesl
[] 87~2~U;~:~~hallcngc
[] 891 Agricultural Acts [] 892 EconomiC Stabilization Act [] 893 CnVlronmcntal Maners
[J 894 F.Jletgy AllocatIOn Act
[] 895 Fn:cdom oflnlimnatl(m Act
[] m9L"~=: ::~sl:J:::tlOn
[] 950 ConstltUllonallty of Siale Statutes [] 890 Other Statutory AcUons

VI. ORIGIN
[X] I Original
Proceeding

(PLACE AN x IN ONE BOX ONLY)

[] 2 Removed from

[] 3 Remanded from

Stale Court

Appellate Court

Transferred from

[] 4 Reinstated or

[] 5 another district

Reopened

(specify)

Appeal to District

(] 6 Multidistrict

[] 7 Judgc from

Litigation

Magistrate Judgment

VII. REQUESTED IN

CHECK IF THIS IS A CLASS ACTION

COM PLAINT:

[] UNDER F.R.C P. 23

DEMAND $

Check YES only if demanded In complaint:

JURV DEMAND:

[X] YES

(] NO

VIII. RELATED CASE(S) IF ANY (Seem,uueuon.)

DOCKET NUMBER

SIGNATURE OF AITORNEY OF RJ!CORJ)

UNITEDS

 
 '.

IN THE UNITED STATES DISTRICT COURT

n_ Uni1Jd SIalIS ~
Sou1hern District Of
ENTERED

FOR THE SOUTHERN DISTRlCT OF TEXAS HOUSTON DIVISION

JAN! 6 2005

EQUAL EMPLOYMENT OPPORTUNITY

§

fAithaa' No MUby, Clerk of ~

COMMISSION,

§

§

Plaintiff,

§ CIVIL ACTION NO. H-04-3808

§

VS.

§

§

W-INDUSTRIES LIMITED, L.P., a/kJa

§

W-INDUSTRIES L.L.C.

§

§

Defendant.

§

JURY TRIAL DEMANDED

-----------------------------§

CONSENT DECREE

The Equal Employment Opportunity Commission ("Commission" or "EEOC") has alleged that Defendant W-Industries Limited, L.P. (sued herein as W-Industries Limited, L.P.,
a/k/a W. Industries L.L.C.) ("W-Industries"), is liable for retaliation, in violation of Title vn of
the Civil Rights Act of 1964, and Title I of the Civil Rights Act of 1991. The EEOC's lawsuit alleges that Defendant violated these federal statutes by transferring and then discharging Brion Wilson in retaliation for opposing employment practices he reasonably believed to be unlawful under Title VII and because he filed a Charge of Discrimination with the Equal Employment Opportunity Commission. W-Industries denies any wrongdoing in connection with its treatment of Brion Wilson.
The parties wish to avoid the risks, uncertainties and expenses of continued litigation. Accordingly. the parties have agreed to settle this lawsuit. The parties agree that this Consent Decree is being entered into for the purpose of compromising disputed claims without the

'.
necessity for protracted litigation. This Consent Decree is not an admission of wrongdoing or an adjudication or finding on the merits ofthe case.
Contemporaneous with this Consent Decree, W-Industries and Brion Wilson have entered into a Settlement Agreement and Release (hereinafter, the "Settlement Agreement"). WIndustries' consent to the entry of this Consent Decree is contingent upon Brion Wilson's execution of the Settlement Agreement.
The Commission and the Defendant stipulate to the jurisdiction of the Court and to satisfaction of all administrative prerequisites. The parties further waive hearing and entry of fmdings of fact and conclusions of law on all issues.
It is therefore ORDERED that: 1. This Consent Decree is entered in full and complete settlement of any and all claims arising out of or contained in this lawsuit, Civil Action No. H-04-3808, and in EEOC Charge No. 330-2003-02114 (the "Charge") and any claims that have been asserted or could have been asserted by Brion Wilson in this litigation or in the Charge, or otherwise concerning his employment, including the termination of his employment, with W-Industries. 2. W-Industries Limited, L.P. ("Defendant") agrees it will not engage in any employment practices which violate Title VII by unlawfully retaliating against any individual because of his complaints of discrimination, or because he opposed any practice made an unlawful employment practice by Title VII, or because he opposed a practice which he reasonably believed to be unlawful under Title VII, or because he filed a Charge of Discrimination with the EEOC, or provided testimony or evidence related to this lawsuit or to the investigation ofEEDC Charge No. 330-2003-02114.
2

3. Annually, for three years from the entry of this Decree, Defendant will provide, using either an attorney or an independent experienced training person or group, a training program on employment discrimination, including Title VII, to all of Defendant's managers. The training shall include specific instruction regarding sexual harassment, including same-sex sexual harassment, and instruction on avoiding unlawful retaliation against employees who complain about conduct which they believe to be discrimination based on sex or any other discrimination made unlawful by Title VII. The training shall also include familiarizing trainees with the EEOC website and EEOC guidance regarding sex discrimination and retaliation. Prior to such training, the Houston District Office of the EEOC shall receive a copy of the training presentation outline. The first training shall be completed no later than May 2, 2005, or within six months from the date the Consent Decree is entered, whichever date is later. Within ten (10) days after the completion of the training, the EEOC shall be provided with a statement listing the date on which the training was completed; the names and signatures of all attendees, their job titles, the location at which they work; and all topics in the training presentation outline that were covered.
4. Defendant agrees it will specifically counsel Ed Nowak and Donald Thomas on avoiding unlawful retaliation against employees who complain about conduct which they believe to be discrimination based on sex or any other discrimination made unlawful by Title VII.
5. Defendant agrees that within twenty-one days after entry of this Decree it will conspicuously post the attached notice (Exhibit "A") in an area accessible to all employees at each of Defendant's facilities for a period of three years from the date the Decree is signed.
3

6. Defendant agrees that the EEOC, at its option, and upon reasonable agreed terms,
may send a representative of the EEOC to conduct an annual monitoring inspection on
Defendant's premises. The EEOC representative during this inspection can speak with any of
Defendant's non-management employees, in groups or individually and can contact any non-
management employee not present at work on the day of the inspection.
7. Defendant will maintain a written equal employment opportunity policy which
sets forth the requirements of federal laws against employment discrimination and specifically
those provisions which make sex discrimination, including sexual harassment, unlawful and
which make it unlawful to retaliate against any current or former employee because he opposed
any practice made unlawful by Title VII, or because he opposed a practice which he reasonably
believed to be unlawful under Title VII, or because he filed a Charge of Discrimination with the
EEOC or otherwise made a complaint of discrimination. The policy maintained will set forth the
concepts embodied by the following statement:
W-Industries is firmly committed to developing and maintaining a zero-tolerance policy concerning sex discrimination, sexual harassment and retaliation against individuals who report discrimination or harassment in the company's workplace; to swiftly and firmly respond to any acts of sex discrimination, sexual harassment or retaliation of which the company becomes aware; to implementing discipline that is designed to strongly deter acts of sex discrimination, sexual harassment or retaliation; and to actively monitoring its workplace in order to ensure tolerance, respect and dignity for all people.
8. Defendant agrees to pay Brion Wilson ONE HUNDRED SIXTEEN THOUSAND
FOUR HUNDRED NINETY DOLLARS AND TWENTY-TWO CENTS ($116,490.22), subject
to applicable withholding for taxes on a portion of such amount. The payment to Brion Wilson
shall be made in two checks, which shall bemailedviacertifiedmail.retumreceiptrequested.to 4

Mr. Wilson clo his attorneys: Jan Woodward Fox, A Professional Legal Corporation, 440 Louisiana, Houston, Texas 77002, concurrently with the final draft of the Settlement Agreement and Release, which check shall not be negotiated until such time as Brion Wilson executes and returns the Settlement Agreement to counsel for W-Industries. Copies of the checks shall be sent concurrently to the Commission at the following address: Equal Employment Opportunity Commission, attention: Aimee McFerren, 1919 Smith Street, 7th Floor, Houston, Texas 77002.
The parties agree that ninety-six thousand four hundred ninety dollars and twentytwo cents ($96,490.22) of the settlement amount paid to Mr. Wilson is payment for compensatory damages under Title VII and is not tied to any claim for back or future wages. Such amount is mutually understood to be payment on account of personal injury for pain and suffering and related bodily symptoms. No amounts will be withheld for taxation pwposes against that portion of the monetary award. Defendant agrees to issue Internal Revenue Service
("IRS") Form 1099 or an equivalent form to Mr. Wilson who will have the sole responsibility for
paying federal, state or local taxes, including federal income tax, if any, that may be due on that portion of the monetary award.
The remaining twenty thousand dollars ($20,000) of the monetary award payable
to Mr. Wilson shall be subject to applicable withholding for taxes. Defendant shall issue an IRS
Form W-2 for that portion of the monetary award. 9. Defendant agrees to pay Jan Woodward Fox, a Professional Legal Corporation
FIFTY-EIGHT THOUSAND FIVE HUNDRED NINE DOLLARS AND SEVENTY-EIGHT CENTS ($58,509.78) concurrently with the delivery of the Settlement Agreement and Release. At the time Brion Wilson executes and returns the Settlement Agreement and Release to counsel
5

'.
for W-Industries, Jan Woodward Fox, a Professional Legal Corporation may negotiate the check in the amount of $58,509.78 payable to Jan Woodward Fox, a Professional Legal Corporation. The check shall be mailed via certified mail, return receipt requested, to Jan Woodward Fox, a Professional Legal Corporation, 440 Louisiana, Houston, Texas 77002, A copy of the check shall be sent concurrently to the Commission at the following address: Equal Employment Opportunity Commission, attention: Aimee McFerren, 1919 Smith Street, 7th Floor, Houston, Texas 77002. The parties agree the fifty-eight thousand five hundred nine dollars and seventyeight cents ($58,509.78) is paid to Jan Woodward Fox a Professional Legal Corporation as payment for attorney's fees and expenses. Defendant shall issue an IRS Form 1099 to Jan Woodward Fox and to Brion Wilson in connection with the payment to Ms. Fox.
10. Defendant agrees to segregate in separate, confidential folders all documents related to Mr. Wilson's Charge of Discrimination and the Commission's lawsuit. These documents shall not be part of his personnel file, Further, Defendant agrees not to reference any of the following to any potential employer of Mr. Wilson: his Charge of Discrimination, the Commission's lawsuit, or this Consent Decree entered in the Commission's lawsuit.
11. Defendant agrees to provide prospective employers of Brion Wilson his name, dates of employment and last position held, and will state that the fact that no further information is provided does not reflect negatively on Mr. Wilson, but is consistent with Defendant'S policy concerning job references.
12. Six (6) months from the date of entry of this Decree, eighteen (18) months from the date of entry of this Decree, and again at thirty-six (36) months from the date of entry of this Decree, Defendant shaH provide to the Houston District Office of the EEOC a report on its
6

'.
efforts to comply with the terms of the Decree. These reports should be directed to the attention of Aimee McFerren.
13. This Decree shall remain in effect for three years from the date of signing. During the period that this Decree shall remain in effect, the Court shall retain jurisdiction to assure compliance with this Consent Decree and to permit entry of such further orders or modifications as may be appropriate. The EEOC is specifically authorized to seek Court-ordered enforcement of this Consent Decree in the event of a breach of any provisions herein. By signing this Consent Decree, the parties agree to not file any appeal seeking to be relieved of any or all of the terms of the Consent Decree.
14. This Consent Decree shall be binding on Defendant and any purchaser, including successors-in-interest. Defendant will provide prompt notice to the EEOC of any transfer of ownership within a month of signing a letter of intent or within two weeks of the change of ownership. whichever event occurs earliest. Defendant will promptly notify any purchaser, including successors-in-interest, of the existence and terms ofthis Consent Decree.
15. Nothing in this Consent Decree shall be construed to preclude the Commission from filing a separate action under Title VII or any other statute which the Commission enforces in the future for any alleged violations by Defendant not resolved by this Consent Decree and not part of the Charge.
16. Each signatory certifies that he or she is authorized to execute this document on behalf ofthe party or parties whom he or she represents.
17. Except as provided herein, the parties shall bear their own costs and attorney fees.
7

· .

,+t. 9? Signed this

day of ~ANVA~y

xas.

Sim e United States District Judge

AGREED AND CONSENTED TO:
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
BY:~1AC~~ Aimee McFerren Kentucky BarNo.: 89912 Southern District No.: 36953 EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 1919 Smith Street, 7th Floor Houston, Texas 77002-8049 (713) 209-3323 Fax: (713) 209-3402
ATTORNEY FOR PLAINTIFF

McCAIG LAW OFFICES
BY~·~~~~~~~L-______
Albert M. McCaig, Jr. Bar No.: 13336800 1210 Saunders P.O. Box 760] Waller, Texas 77484 (936) 372-9101 Fax: (936) 372-5581
ATTORNEY FOR DEFENDANT

8

... .',

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Houston District Office

NOTICE TO THE EMPLOYEES OF W-INDUSTRIES LIMITED, L.P.

Mickey Leeland Federal Building 1919 Smith Strcct, 7th Floor Houston, Texas 77002-8049 PH' (713) 209-3320 TIY: (713) 209-3439 FAX: (713)209- 3381

THIS NOTICE IS POSTED PURSUANT TO A CONSENT DECREE ENTERED INTO BETWEEN THE EEOC AND W-INDUSTRIES LIMITED, L.P. REGARDING SEX DISCRIMINATION AND RETALIATION IN THE WORK PLACE PURSUANT TO TITLE VII OF THE CIVIL RIGHTS ACT OF1964.

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

2. W-INDUSTRIES LIMITED, L.P. supports and will comply with such Federal law in all respects and will not take any action against employees because they have exercised their rights under the law by filing charges with the Equal Employment Opportunity Commission (EEOC), providing information to the EEOC, and/or receiving compensation for the settlement of any employment discrimination claim.

3. Sex discrimination, including sexual harassment and retaliation, is expressly prohibited and constitutes an unlawful discriminatory employment practice.

4. W-INDUSTRIES LIMITED L.P. prohibits sex discrimination, including sexual harassment and retaliation, and will not tolerate sex discrimination, sexual harassment or retaliation against any employee who reports discrimination or harassment in the company's workplace.
5. Any employee who feels they have been the target of sex discrimination, sexual harassment and/or retaliation is advised to report this action promptly to _ _ _ _ _ _ ___

SIGNED this _ _ _ _ day of _ _ _--', 2005.

T.L. Lynn President W-INDUSTRIES LIMITED, L.P.
This OFFICIAL NOTICE shall remain posted for three full years from date of signing.

 
 DC CM/ECF LIVE- US District Court-Texas Southern - Docket Report

https://ecf.txsd.uscourts.gov/cgi-bin/DktRpt.pl?455453820501942-L_3...

U.S. District Court SOUTHERN DISTRICT OF TEXAS (Houston) CIVIL DOCKET FOR CASE #: 4:04-cv-03808

CLOSED

Equal Employment Opportunity Commission v. W-Industries Limited L.P. Assigned to: Judge Sim Lake Cause: 42:2000 Job Discrimination (Sex)

Date Filed: 09/30/2004 Date Terminated: 01/26/2005 Jury Demand: None Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

Plaintiff
Equal Employment Opportunity Commission

represented by Aimee Lynn McFerren EEOC 1919 Smith St 7th Floor Houston, TX 77002 713-209-3390 Fax: 713-209-3402 Email: aimee.mcferren@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

V.
Defendant
W-Industries Limited L.P. also known as W-Industries L.L.C.

represented by Albert M McCaig, Jr Attorney at Law P O Box 760 Waller, TX 77484-0760 936-372-9101 Fax: 936-372-5581 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed 09/30/2004 09/30/2004

#

Docket Text

1 COMPLAINT against W-Industries Limited L.P. (Filing fee $ 0.) filed by Equal Employment Opportunity Commission.(lfilmore, ) (Entered: 10/01/2004)
2 ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons Initial Conference set for 2/4/2005 02:00 PM in Courtroom 9B before Judge Sim Lake. Parties notified.(lfilmore, ) Additional attachment(s) added on 10/1/2004 (lfilmore, ). (Entered: 10/01/2004)

1 of 2

5/30/2007 9:22 AM

DC CM/ECF LIVE- US District Court-Texas Southern - Docket Report

https://ecf.txsd.uscourts.gov/cgi-bin/DktRpt.pl?455453820501942-L_3...

09/30/2004 10/12/2004 10/15/2004 11/18/2004
11/19/2004 12/01/2004 01/24/2005
01/26/2005

1 Summons Issued as to W-Industries Limited L.P. , filed.(lfilmore, ) (Entered: 10/01/2004)
3 CERTIFICATE OF INTERESTED PARTIES by Equal Employment Opportunity Commission, filed.(psmith, ) (Entered: 10/14/2004)
4 Summons Issued as to W-Industries Limited L.P. , filed.(psmith, ) (Entered: 10/19/2004)
5 STIPULATION regarding Defts time to answer, by Equal Employment Opportunity Commission, W-Industries Limited L.P., filed.(psmith, ) (Entered: 11/22/2004)
6 CERTIFICATE OF INTERESTED PARTIES by W-Industries Limited L.P., filed.(psmith, ) (Entered: 11/23/2004)
7 ANSWER to Complaint by W-Industries Limited L.P., filed.(sfedele, ) (Entered: 12/03/2004)
8 AGREED MOTION to Enter Consent Decree, by Equal Employment Opportunity Commission, W-Industries Limited L.P., filed. Motion Docket Date 2/14/2005. (Attachments: # 1 Proposed Order)(psmith, ) (Entered: 01/25/2005)
9 CONSENT DECREE Granting 8 MOTION for Entry of Order, Case terminated.( Signed by Judge Sim Lake ) Parties notified.(hcarr, ) (Entered: 01/26/2005)

PACER Service Center

Transaction Receipt

05/30/2007 09:20:46

PACER Login: hs0328

Client Code: eeoc

Description: Docket Report Search Criteria: 4:04-cv-03808

Billable Pages: 1

Cost:

0.08

2 of 2

5/30/2007 9:22 AM

 
 EEOC LITIGATION SETTLEMENT REPORT - January 2005

http://www.eeoc.gov/litigation/settlements/settlement01-05.html

EEOC v. W-Industries Limited, L.P. No. H-04-3808 (S.D. Tex. January 26, 2005)
The Houston District Office filed this Title VII retaliation case against W- Industries, a Houston-based company which manufactures and installs control and safety shutdown systems for the energy industry. Charging party worked for the defendant as an electrician's helper from August 1998 until he was terminated in May 2003. Throughout his employment, charging party was subjected to unwelcome touching and demeaning sexual comments by male managers and coworkers. The most egregious conduct occurred at a temporary worksite in Corpus Christi, Texas, between January and May 2003. In an April 2003 meeting with the Superintendent responsible for much of the unwelcome sexual conduct charging party indicated he had hired a lawyer and intended to sue the company. Within a few days, defendant issued a directive demanding close scrutiny of charging party's work and termination for any mistakes. Shortly thereafter defendant transferred charging party to Houston and then fired him several days later.
The parties resolved the case through a 3-year consent decree providing $175,000 in monetary relief to charging party. Defendant is required to counsel the Superintendent and another supervisor on avoiding retaliation against employees who complain about conduct that the employees believe discriminates in violation of Title VII. For the term of the decree, defendant must post a notice regarding the requirements of the decree at each of its facilities and must provide annual retaliation training to all mangers at each facility.

1 of 1

5/30/2007 9:25 AM