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Case 3: 05-cv-j~,¯ 11748 Document 1 Filed 08/30/j~]5~.CT COUR’I’.. P~ge~. -__°f 6

EQU~ EMPLO~ENT OPPORTUNITY }

COMMISSION,

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/ ~E~U&DIS~

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~y

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Deputy

CIVIL ACTION NO.

Plaintiff,

3-05 Ci/- 1748D

Vo

COMPLAINT

FIRST PRESTON REAL ESTATE SERVICES d/b/a FIRST PRESTON

JURY TRIAL DEMANDED

Defendant.

NATURE OF THE ACTION This i s a n action under Title VII of t he Civil Rights Act o f 1 964, a s amended b y t he Pregnancy Discrimination Act, 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 Undarita Paris who was terminated based on her sex, female, and because of her pregnancy.
JURISDICTION AND VENUE 1. Jurisdiction ofthis 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(0(1) and (3) of the Civil Rights Act of 1964, as amended, ("Title VII"), 42 U.S.C § 2000e-5(f)(1) and (3), and Section 102 of the Civil Rights Act of 1991, 42 U.S.C. Sec. 1981a. 2. The employment practices alleged to be unlawful were and are now being committed within the jurisdiction of the United States District Court for the Northern District of Texas, Dallas Division.

¯

Case 3:05-cv. 1748 Document 1 Filed 08/30i~05 Page 2 of 6

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 of the Civil Rights Act of 1964, as amended and is expressly authorized to bring this action by Section 706(a) of Title VII, 42 U.S.C. § 2000eo5(a). 4. At all relevant times, Defendant, First Preston Real Estate Services d/b/a First Preston has continuously been and is now doing business in the State of Texas and has continuously had at least fifteen employees. 5. At all relevant times, Defendant has continuously been an employer engaged in an industry affecting commerce under Section 701(b), (g) and (h) of Title VII, 42 U.S.C. §2000e-(b), (g) and (h).
STATEMENT OF CLAIMS 6. More than thirty days prior to the institution of this lawsuit, Undarita Paris filed a charge with the Commission alleging violations of Title VII of the Civil Rights Act of 1964, as amended, by the Defendant. All conditions precedent to the institution of this lawsuit have been fulfilled. 7. During the employment of Undarita Paris, the Defendant has engaged in unlawful employment practices in violation of Section 703(a)(1) of Title VII, 42 U.S.C. § 2000e-2(a)(1) and Section 704(a) of Title VII, 42 U.S.C. § 2000e-3(a) by terminating Undarita Paris from her employment because she was pregnant. 8. The result of the foregoing practices has been to deprive Undarita Paris of equal employment opportunities because of her sex.
Page -2-

Case 3:05-cv. 1748 Document 1 Filed 08/3005 Page 3 of 6
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 with reckless indifference to the federally protected rights of Undarita Paris.
PRAYER FOR RELIEF Wherefore, the Commission respectfully requests that this Court: A. Grant a permanent injunction enjoining the Defendant, its officers, successors, assigns, and all persons in active concert or participation with it, from engaging in any employment practice which discriminates on the basis of sex. B. Order the Defendant to institute and carry out policies, practices, and programs which provide equal employment opportunities for all employees, including pregnant females, and which eradicate the effects of its past and present unlawful employment practices. C. Order the Defendant to make whole Undarita Paris by providing appropriate back pay with prejudgment interest in amounts to be determined at trial, front pay, pecuniary losses, compensatory damages including out-of-pocket expenses, and other affirmative relief necessary to eradicate the effects of its unlawful employment practices. D. Order the Defendant to make Undarita Paris whole by providing compensation for past and future pecuniary losses resulting from the unlawful employment practices described in paragraph 7 above, including but not limited to out of pocket medical expenses and job hunting expenses. E. Order the Defendant to make Undarita Paris whole by providing compensation for past and future nonpecuniary losses resulting from the unlawful employment practices described in
Page -3-

¯ ,

Case 3:05-cv.

Document 1 Filed 08/30~05 Page 4 of 6

paragraph 7 above, including but not limited to, pain and suffering, humiliation, embarrassment,

emotional distress, anxiety, and loss of enjoyment of life, in amounts to be determined at trial.

F. Order the Defendant to pay Undarita Paris punitive or exemplary damages for its

intentional, malicious conduct or reckless indifference described and referenced in paragraph 7

above, in an amount to be determined at trial.

Go

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

interest.

H. Award the Commission its costs in this action.

JURY TRIAL DEMAND

The Commission requests a jury trial on all questions of fact raised by its Complaint.

Respectfully submitted,
ERIC S. DREIBAND General Counsel
ROBERT A. CANINO Regional Attorney
~~m~ SUZANNE M. ANDERSON Supervisory Trial Attorney Texas Bar No. 14009470

W~ILL~-r~ "I~~US Senior Trial Attorffey Texas Bar No. 01493850
Page -4-

Case 3:05-CVli~ 748 Document 1 Filed 08/30~05 Page 5 of 6 EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Dallas District Office 207 South Houston, 3rd Floor Dallas, Texas 75202 (214) 253-2742 (214) 253-2749 FAX
Page -5-

%JS 44 (Rev. 11/04)

CIVIL COVER SHEET

provided by Io£~11~.~c~ ~s lbrm, approved by the Ju&cml Conference of the United States m Septem’iY6r 1974, ~s reqmred for the use of the Clerk of Court for the purpose

AINTIFFS EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

DEFENDANTS

~STON REAL ESTATE SERVICES d/d/a FIRST PRESTON

(b) County of Residence of F~rsl L~sted Plamtd’f

~~,k~~~of ReSidence of F~rst Listed Defendant

\

~

J.~, N~TE ~ LAND CONDEMNATION CASES, USE THE LOCATION OF THE

(C) Attorney’s (F,rm Name, Add .....d..Telephone Number, \ ~ v ~~.~K~n~vn)
WILLIAM C. BACKHAUS, EEOC. 207 S. HOUSTON ~F.,
DALLAS, TX 75202 (214) 253-2742

lI. BASIS OF JURISDICTION (Place an "x" m one Box~,q~~lTIZENSHlP_OF~__~..._ ,

~1 U.S. Government

[~1 3 Federal Question

~/ [

Plmntiff

(U S Government Not a Party)

~(F_or~D_lv-e-r_sU~y_Ca~sesPORnlIyN) CIPAL PARVIES(Placeanan"dXO’nlenBOoxnefoBr DoexfefnodraPntl)alnt,ff

PTF DEF

PTF DEF

Clnzen of This State

I~l t [~1 1 Incorporated or Principal Place

[~1 4 [~ 4

of Business In This State

S. Government Defendant

[~ 4 Diversity (Indicate Citizenship of Parhes in Item 11t)

Citizen of Another State

I~l 2 ~1 2 Incorporated and Pnnc~pal Place [~1 5 I~ 5 of Business In Another State

C~tlzen or Subject of a Foreign Country

[~1 3 [~1 3 Foreign Nation

[~l 6 [~1 6

IV. NATURE OF SUIT (Place an "x" in One Box Only)

CONTRACT

TORTS

FORFEITURE/PENALTY

BANKRUPTCY

OTHER STATUTES

110 Insurance
120 Manne 130 Miller Act

PERSONAL INJURY
310 Airplane 315 Airplane Product

PERSONAL INJURY [~ 362 Personal Injury -
Med Malpractice

140 Negotiable Instrument

Llabthty

[~l 365 Personal Inlury -

150 Recovery of Overpayment

320 Assault, L~bel &

Product Lmbthty

& Enforcement of Judgment 151 Medicare Act
152 Recovery of Defaulted Student Loans

Slander 330 Federal Employers’
L~abthty 340 Manne

~ 368 Asbestos Personal Injury Product Llabthty
PERSONAL PROPERTY

(Excl Veterans)

345 Manne Product

[~l 370 Other Fraud

153 Recovery of Overpayment of Veteran’s Benefits
160 Stockholders’ Stats

Ltabthty 350 Motor Vehicle 355 Motor Vehicle

[~1 371 Truth in Lending 1~ 380 Other Personal
Property Damage

190 Other Contract 195 Contract Product Llablhty

Product Liability 360 O~er Personal

[~ 385 Property Damage Product Llablhty

196 Franchise

Inju~

REAL PROPERTY

CIVIL RIGHTS

PRISONER PETITIONS

210 Land Condemnation 220 Foreclosure

~ 441 Voting 442 Employment

510 Motions to Vacate Sentence

230 Rent Lease & Ejectment 240 Torts to Land 245 Tort Product Liability 290 All Other Real Property

443 Housang/

Habeas Corpus:

Accommodations

~ 530 General

[] 444 Welfare

~ 535 Death Penalty

445 Amer. w/Disabdmes- [~1 540 Mandamus & Other

Employment

[~ 550 Owl Rights

446 Amer w/D~sabilmes - [] 555 Prison Condition

Other

[] 440 Other Civil Rights

~1 610 Agriculture [~1 620 Other Food & Drug [~1 625 Drug Related Seizure
of Property 21 USC 881
[] 630 L~quor Laws [] 640 R R &Truck [~l 650 Awhne Regs ~1 660 Occupational
Safety/Health ~ 690 Other
LABOR 710 Fair Labor Standards
Act 720 Labor/Mgmt Relations 730 Labor/Mgmt Reporting
& Disclosure Act
740 Radway Labor Act 790 Other Labor Litlgatmn 791 Empl Ret lnc
Security Act

[~1 422 Appeal 28 USC 158 ~1 423 Withdrawal
28 USC 157
PROPERTY RIGHTS [~l 820 Copyrights [] 830 Patent [] 840 Trademark
ISOCIAL SECURITY ~] 861 HIA (1395ff) [] 862 Black Lung (923) [] 863 DIWC/DIWW (405(g)) ~1 864 SSID Title XVI i~3 865 RSt (405(g))
FEDERAL TAX SUITS 870 Taxes (U S Plmntlff
or Defendant) 871 IRS--Thlrd Parly
26 USC 7609

[~1 400 State Reapportionment
[] 410 Anntmst [~1 430 Banks and Banking
[] 450 Commerce I~1 460 Deportation [] 470 Racketeer Influenced and
Corrupt Organ~zanons [~1 480 Consumer Credit [] 490 Cable/Sat TV
i[] 810 Selective Service I[~ 850 Secuntles/Commodmes/
Exchange ~1 875 Customer Challenge
12USC 3410 ~ 890 Other Statutory Actions [J 891 Agricultural Acts
~1 892 Economic Stabthzat~on Act ~1 893 Enwronmental Matters ~1 894 Energy Allocation Act
~1 895 Freedom oflnformanon Act
~ 900Appeal of Fee Determination Under Equal Access
to Justice ~1 950 Constltutlonahty of
State Statutes

~(1ORIGIN Original Proceedin~

(Place an "X" in One Box Only)

I~ 2 Removed from

I~ 3 Remanded from

State Court

Appellate Court

Appeal to District

Transferred from

Judge from

I~ 4 Reinstated or [] 5 another dtstr,ct [] 6 Multtdistrict ~ 7 Mag,strate

Reopened

(specify)

L~ti~,anon

Jud,gment

C~te the U.S C~wl Statute under which you are fihng (Do not cite jurisdictional statutes unless diversity)

VI. CAUSE OF ACTION Brief description of cause Defendant terminated Plaintiffbased on her sex, female and because of her pregnancy.

VII. REQUESTED IN COMPLAINT:

ff!l CHECK IF THIS IS A CLASS ACTION
UNDER F R C P 23

DEMAND $

VIII. RELATED CASE(S)

IF ANY

(See Instructions)

JUDGE

DATE ~ 3~ b~ FOR OFFI~O~/IJSE ON~L~~

~~

E OF ATTORNEY OF RECORD

RECEIPT #

AMOUNT

APPLYING IFP

JUDGE

CHECK YES only tf demanded in complmnt

JURY DEMAND:

]l~ Yes I~l No

DOCKET NUMBER

MAG JUDGE

 
 U.S. DISTRICT COURT

NORTHERN DISTRI<...i OF TEXAS

IN THE UNITED STATES DISTRICT CURT

FILED

FOR THE NORTHERN DISTRICT OF T XAS DALLAS DIVISION

MAY I 02006

EQUAL EMPLOYMENT

§

OPPORTUNITY COMMISSION,

§

§

Plaintiff,

§

§

vs.

§

§

FIRST PRESTON REAL ESTATE

§

SERVICES d/b/a FIRST PRESTON, §

§

Defendant.

§

CLERK, U.s,1lJSTRICf COURT
By __-+/~~~______
/DePUtY
CIVIL ACTION NO. 3:05-CV-1748-D

CONSENT DECREE THIS CONSENT DECREE is made and entered into by and between the Equal Employment Opportunity Commission ("EEOC") and First Preston Management, Inc. ("First Preston") (erroneously named in the Complaint as "First Preston Real Estate Services d/b/a First Preston"), in the United States District Court for the Northern District of Texas, with regard to the EEOC's Complaint filed on August 30, 2005 ("Complaint"), in Civil Action No. 3-05-CV-1748-D. The Complaint is based upon a Charge of Discrimination filed by Undarita Paris, Charging Party, against the Defendant employer. The above-referenced Complaint alleges that the Defendant First Preston violated Title VII of the Civil Rights Act of 1964 as amended by the Pregnancy Discrimination Act and Title I of the Civil Rights Act of 1991, by terminating Ms. Paris

CONSENT DECREE - Page 1

015960.00010:942191.01

based upon her sex and because of her pregnancy. The Defendant employer denies that it discriminated against Ms. Paris.
The EEOC, Ms. Paris and Defendant First Preston agree to compromise and settle the differences embodied in the Complaint and intend that the terms and conditions of the compromise and settlement be set forth in this Consent Decree ("Consent Decree").
NOW, THEREFORE, in consideration of the mutual promises and agreements set forth herein, the sufficiency of which is hereby acknowledged, the parties agree as follows, the Court finds appropriate and therefore, it is ORDERED, ADJUDGED AND DECREED that:
1. This Consent Decree resolves all issues raised in EEOC Charge No. 310200403325. This Decree further resolves all issues in the Complaint filed by the EEOC in this civil action. The EEOC and Ms. Paris waive further claims and/or litigation on all issues raised in the above-referenced Charge and Complaint. The EEOC does not waive processing or litigating charges other than the above-referenced Charge.
2. The parties agree that this Consent Decree does not constitute an admission by First Preston of any violation of Title VII of the Civil Rights Act of 1964, as amended, or Title I of the Civil Rights Act of 1991, or the Pregnancy Discrimination Act. This Consent Decree does not constitute an adjudication and/ or finding on the merits of the case, and shall not be used as evidence of liability, res judicata, parent liability or collateral estoppel in any other legal proceeding against Defendant or any of its parent

CONSENT DECREE - Page 2

015960.00010:942191.01

companies, subsidiaries and/ or affiliates. The Defendant expressly denies any violation of local, state or federal law, common or statutory, including but not limited to, Title VII of the Civil Rights Act of 1964, as amended, or Title I of the Civil Rights Act of 1991, or the Pregnancy Discrimination Act.
3. Defendant agrees that it shall conduct all employment practices in a manner which does not subject any employee to gender discrimination as prohibited by Title VII of the Civil Rights Act of 1964 or to pregnancy discrimination under the Pregnancy Discrimination Act. Defendant further agrees that it will not intentionally retaliate against any employee whom Defendant knows to have opposed any practice made unlawful under Title VII, to have filed a charge of discrimination, to have given testimony, assistance, or to have participated in any manner in any investigation, proceeding, or hearing under Title VII, related to or in connection with this lawsuit.
4. Defendant agrees to post the Notice appended hereto as Attachment" A" on the employee bulletin boards at Defendant's work site in Addison, Texas within ten (10) days after the entry of the Consent Decree. Defendant will report to the EEOC that it has complied with this requirement within 14 days after posting the Notice. The Notice shall remain posted during the term of the Consent Decree.
5. The Defendant agrees to immediately implement and/ or review or revise its policies regarding discrimination based on sex, including pregnancy, as prohibited by Title VII including, if not now existing, the implementation and notice of a complaint

CONSENT DECREE - Page 3

015960.00010:942191.01

procedure for employees to notify Defendant of any alleged complaints of discrimination.
6. For the year that the Consent Decree is in effect, Defendant agrees to conduct training for all employees, including management employees, advising them of the requirements and prohibitions of the federal anti-discrimination laws with a special emphasis on gender and pregnancy discrimination The training will inform the employees of the complaint procedure for individuals who believe they have experienced discrimination. The training will also advise the employees of the consequences of violating the federal anti-discrimination laws. The training shall be at least one (1) hour in duration. Within 10 days after the training is conducted, Defendant agrees to give written notice to the EEOC as to the date and location of the training, the name and qualifications of the person providing the training and the substance of the training. All materials used in conjunction with the training shall be forwarded to the EEOC. Within 20 days following the training, Defendant shall submit to the EEOC confirmation that the training was conducted, and a list of attendees, and a copy of all materials used in conjunction with the training.
7. Defendant agrees to remove from all personnel files of Undarita Paris all documents, entries and references relating to the facts and circumstances which led to the filing of her charge of discrimination; the charge itself; and the complaint filed by the EEOC in federal court based upon her charge.

CONSENT DECREE - Page 4

015960.00010:942191.01

8. Defendant agrees to pay monetary relief to Ms. Paris, for all claims, in the sum of $45,000. It is stipulated and agreed that this settlement amount of $45,000.00 shall be allocated as follows: (a) $30,000.00, less all applicable employee payroll deductions under Ms. Paris's current withholding exemptions, will be paid to Ms. Paris, through the EEOC, in settlement of the EEOC's claims for full back pay; and (ii) $15,000 will be paid to Ms. Paris, through the EEOC, in settlement of the EEOC's claims for compensatory damages. At the appropriate time, First Preston will issue to Ms. Paris a W-2 Form for 2005 in the amount of $30,000 and an IRS Form 1099-MISC. for 2005 in the amount of $15,000.
9. The payment referenced in paragraph 8, above, shall be made 10 days after the date of entry of the Consent Decree, by a cashier's check payable to Ms. Paris. The check shall be sent by certified mail, return receipt requested or by hand delivery to William C. Backhaus, Senior Trial Attorney, EEOC, 207 South Houston, Third Floor, Dallas, Texas 75202.
10. Defendant agrees to report to the EEOC within 14 days of entry of this Consent Decree, regarding its compliance with the agreements set forth in paragraphs 2 through 9 above.
11. All reports to the EEOC required by the Consent Decree shall be sent to William C. Backhaus, Senior Trial Attorney, EEOC, 207 South Houston, Third Floor, Dallas, Texas 75202.

CONSENT DECREE - Page 5

015960.00010:942191.01

12. Defendant agrees to provide a neutral employment letter of reference for Ms. Paris which includes the dates of her employment, the last position held, the last salary earned by Ms. Paris including bonuses and benefits.
13. If Defendant, First Preston, fails to tender payment or otherwise fails to timely comply with the terms of paragraphs 8-9 above, Defendant First Preston shall:
a. Pay interest at the rate calculated pursuant to 26 USc. Section 6621(b) on any untimely or unpaid amounts; and
b. Bear any additional costs incurred by the EEOC caused by the non-compliance or delay of the Defendant.
14. Neither the EEOC, Ms. Paris, nor Defendant First Preston, shall contest the validity of this Consent Decree nor the jurisdiction of the federal district court to enforce this Consent Decree and its terms or the right of either party to the Consent Decree to bring an enforcement action upon breach of any term of this Consent Decree by either such party. Nothing in this Decree shall be construed to preclude the EEOC from enforcing this Decree in the event that Defendant First Preston fails to perform the promises and representations contained herein. The EEOC shall be authorized to seek compliance with the Consent Decree though civil action in the United States District Court.
15. The parties to this Consent Decree agree to bear their own costs and attorney's fees associated with the above-referenced Complaint.

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015960.00010:942191.01

16. The term of this Decree shall be for one (1) year from the effective date. The Court shall retain jurisdiction to enforce the terms of this Decree until the expiration of the term of the Consent Decree.
SO ORDERED, ADJUDGED AND DECREED this (O~ day of.A1-..:..::.:...41t--_' 200Jp
---=:...;=--- ICT JUDGE

CONSENT DECREE - Page 7

015960.00010:942191.01

APPROVED FOR ENTRY:
FOR PLAINTIFF U.S. E.E.O.C.
~N~CkQ Regional Attorney Oklahoma Bar No. 011782
SUZANNE ANDERSON Supervisory Trial Attorney Texas Bar No. 14009470
WILLIAM C. BACKHAUS Senior Trial Attorney Texas Bar No. 01493850
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Dallas District Office 207 S. Houston, Third Floor Dallas, Texas 75202 Tel. No. 214-253-2742 Fax No. 214-253-2749
FOR DEFENDANT FIRST PRESTON MANAGEMENT, INC.
HUGHES & LUCE, LLP 1717 Main Street, Suite 2800 Dallas, Texas 75201 Tel. No. 214-939-5525 Fax No. 214-939-5849
CONSENT DECREE - Page 8

015960.00010:942191.01

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

Dallas District Office

207 S Houston Street, 3'd Floor Dallas, TX 75202-4726 (214) 253-2700 TTY (214) 253-2710 FAX (214) 253-2720

NOTICE TO ALL EMPLOYEES

This Notice is being posted pursuant to a Consent Decree between FIRST PRESTON MANAGEMENT, INC. and the U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION (EEOC). This NOTICE will be conspicuously posted for a period one (1) year at this facility and in all places where employment notices are posted. It must not be altered, defaced or covered by any other material.

POLICY: Discrimination of any kind can and often will detract from employees' job performance, discourage employees from remaining on the job, keep employees from advancing in their careers and lowers overall employee morale and productivity. It is the policy of First Preston that discrimination based upon sex and/or gender is unacceptable conduct and will not be condoned. This includes pregnancy discrimination.

SCOPE: This policy extends to all employees of First Preston, including management, nonmanagement. and temporary/probationary employees.

DEFINITION: Discrimination based upon sex occurs when an employment decision is made based upon a person's sex or gender rather than on legitimate factors. Title VII's prohibition of discrimination includes discrimination in hiring, firing, promotions, wages, job assignments, fringe benefits and other terms and conditions of employment. Women affected by pregnancy or related conditions must be treated in the same manner as other applicants or employees with similar abilities or limitations. An employer cannot refuse to hire a woman because of her pregnancy-related condition as long as she is able to perform the functions of her job. An employer cannot refuse to hire her because of its prejudices against pregnant workers or the prejudices of co-workers, clients or customers. An employer may not single out pregnancyrelated conditions for special procedures to determine an employee's ability to work. If an employee is temporarily unable to perform her job due to pregnancy, the employer must treat her the same as any other temporarily disabled employee. Pregnant employees must be permitted to work as long as they are able to perform their jobs.

RESPONSIBILITY: Each level of management is responsible for ensuring that all personnel policies, procedures, and activities are in full compliance with applicable federal, state, and local equal employment laws, statutes, rules and regulations regarding gender and pregnancy discrimination. Employees are expected to read, understand, and follow the policies that First Preston has established to prevent sex-based and/or gender discrimination.

REPORTING PROCEDURES: Any employee who believes that he or she has been subjected to sex-based and/or gender discrimination is expected to report the alleged act as soon as possible to that person's immediate supervisor or to the Human Resources Department. If an employee believes that a complaint of this nature has not been or cannot be addressed by his or her immediate supervisor or the Human Resources Department for any reason, he or she is strongly urged and encouraged to contact the Executive Vice President of First Preston. The Human Resources Department may be contacted at First Preston's headquarters or by telephone
at (QfiJY122- '~OC>The Executive Vice President may be contacted at First Preston's headquarters
ATTACHMENT
"A"

or by telephone at (Q1()..j 118 -Ilu) . Supervisors or managers who are informed of an alleged
incident of sex-based? and/or gender discrimination must immediately notify the Human
Resources Department.

In addition to reporting a complaint of sex-based and/or gender discrimination to company officials, a person may also contact the U.S. Equal Employment Opportunity Commission and file a charge of employment discrimination. The address and telephone number of the EEOC office is 207 S. Houston Street, Dallas, Texas 75202; (214) 253-2700. Information about employment rights and the procedure dealing with how to file a charge is available on the Internet at www.ceoc.gov.

INVESTIGATIO~ OF COMPLAINTS: A complete investigation of each complaint will be undertaken immediately by the Human Resources Department. The investigation may include the interview of all employees and supervisors at the facility, the inspection of documents, including personnel records, and full inspection of the premises.

PUNISHMENT FOR VIOLATION: Employees engaged in sex-based and/or gender discrimination can expect serious disciplinary action. After appropriate investigation, any employee, whether management or non-management, who has been found to have discriminated against another employee because of sex or gender will be subject to appropriate sanctions, depending on the circumstances, up to and including termination of employment.

RETALIATION: There shall be no retaliation against any employee because that person has opposed what they believe to be unlawful employment practices, or has filed a charge of discrimination, or has given testimony, assistance, or has participated in any manner in any investigation, proceeding or hearing under Title VII of the Civil Rights Act of 1964. First Preston will not punish you for reporting discrimination simply because you have made a complaint under the above guidelines.

PROTECTION OF PRIVACY: The question of whether a particular action or incident constitutes sex-based and/or gender discrimination requires a determination based on all available facts. First Preston will therefore make a concerted effort to protect the privacy of all personnel. Confidential information will be shared on a need-to-know basis to complete the investigation and to deal appropriately with the situation.

EXCEPTIONS: There are no exceptions to this policy prohibiting discrimination in the workplace.

THIS IS AN OFFICIAL NOTICE AND MUST NOT BE REMOVED OR DEFACED BY

ANYONE. THIS NOTICE WILL BE POSTED FOR A PERIOD OF ONE YEAR.

£ Of~' Signed this

11-<- day

2006.

~~~

Date

Fi st Preston Managemel{t, Inc.

f-I-Ov
Date

Michael C. Fetzer Director of EEOC Dallas District Office

 
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CLOSED, JURY, RAMIREZ
U.S. District Court Northern District of Texas (Dallas) CIVIL DOCKET FOR CASE #: 3:05-cv-01748

Equal Employment Opportunity Commission v. First Preston Real Estate Services Assigned to: Judge Sidney A Fitzwater Cause: 42:2000e Job Discrimination (Employment)

Date Filed: 08/30/2005 Date Terminated: 01/03/2006 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

Plaintiff
Equal Employment Opportunity Commission

represented by Robert A Canino, Jr Equal Employment Opportunity Commission Dallas District Office 207 S Houston 3rd Floor Dallas, TX 75202 214/253-2750 Email: robert.canino@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Suzanne M Anderson Equal Employment Opportunity Commission Dallas District Office 207 S Houston 3rd Floor Dallas, TX 75202 214/253-2740 Fax: 214/253-2749 FAX Email: suzanne.anderson@eeoc.gov ATTORNEY TO BE NOTICED

William C Backhaus Equal Employment Opportunity Commission Dallas District Office 207 S Houston 3rd Floor Dallas, TX 75202 214/253-2742 Fax: 214/253-2749 FAX Email: william.backhaus@eeoc.gov ATTORNEY TO BE NOTICED

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V.
Defendant
First Preston Real Estate Services doing business as First Preston

represented by Arlene S Steinfield Hughes & Luce - Dallas 1717 Main St Suite 2800 Dallas, TX 75201 214/939-5525 Fax: 214/939-5849 FAX Email: arlene.steinfield@hughesluce.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed 08/30/2005 08/30/2005 08/30/2005 08/30/2005 08/30/2005 10/07/2005 10/11/2005 11/09/2005 11/09/2005
11/30/2005

#

Docket Text

1 COMPLAINT against First Preston Real Estate Services , filed by Equal Employment Opportunity Commission.(klm, ) (Entered: 08/31/2005)
***Magistrate Judge Ramirez chosen by random selection to handle matters that may be referred in this case. (klm, ) (Entered: 08/31/2005)
DEMAND for Trial by Jury by Equal Employment Opportunity Commission. (see image 1) (klm, ) (Entered: 08/31/2005)
2 CERTIFICATE OF INTERESTED PERSONS by Equal Employment Opportunity Commission. (klm, ) (Entered: 08/31/2005)
3 Summons Issued as to First Preston Real Estate Services. (klm, ) (Entered: 08/31/2005)
4 Unopposed Motion to Enlarge Time to Answer, Move, or Otherwise Plead to Plaintiff's Complaint by First Preston Real Estate Services (klm, ) (Entered: 10/11/2005)
5 ORDER granting 4 Motion for Extension of Time to File Answer First Preston Real Estate Services answer due 11/9/2005. (Signed by Judge Sidney A Fitzwater on 10/11/05) (klm, ) (Entered: 10/11/2005)
6 Second Unopposed Motion to Enlarge Time to Answer, Move, or Otherwise Plead to Plaintiff's Complaint by First Preston Real Estate Services (klm, ) (Entered: 11/10/2005)
7 ORDER granting 6 Defendant's Second Unopposed Motion to Enlarge Time to Answer, Move, or Otherwise Plead to Plaintiff's Complaint First Preston Real Estate Services answer due 11/30/2005. (Signed by Judge Sidney A Fitzwater on 11/9/05) (klm, ) (Entered: 11/10/2005)
8 ANSWER to Complaint by First Preston Real Estate Services (klm, ) (Entered: 12/01/2005)

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https://ecf.txnd.uscourts.gov/cgi-bin/DktRpt.pl?775509759304727-L_3...

12/01/2005 12/02/2005
01/03/2006 05/10/2006

9 CERTIFICATE OF INTERESTED PERSONS AND ENTITIES by First Preston Real Estate Services. (klm, ) (Entered: 12/02/2005)
10 Order for Scheduling Order Proposal: Proposed Scheduling Order due by 1/3/2006. (Signed by Judge Sidney A Fitzwater on 12/2/05) (klm, ) (Entered: 12/02/2005)
11 Order Directing Administrative Closure. (Signed by Judge Sidney A Fitzwater on 1/3/06) (rrj, ) (Entered: 01/03/2006)
12 CONSENT DECREE (see order for specifics) (Signed by Judge Sidney A Fitzwater on 5/10/06) (klm, ) (Entered: 05/10/2006)

PACER Service Center

Transaction Receipt

05/21/2007 14:01:44

PACER Login: hs0328

Client Code: eeoc

Description: Docket Report Search Criteria: 3:05-cv-01748

Billable Pages: 2

Cost:

0.16

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5/21/2007 1:59 PM