· FILED

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IN THE UNITED STATES DISTRICT COURT .
FOR THE MIDDLE DISTRICT OF LOmSIANA98 ~!OV I 3 AM II: 20

*************************************

* EQUAL EMPLOYMENT OPPORTUNITY *

COMMISSION,

*

*

Plaintiff

*

*

v.

*

*

LOmSIANA GUEST HOUSE,

*

* Defendant *

* *************************************

- CIVIL ACTION NO. 9~ g~4 -A-~
COMPLAINT JURY TRIAL DEMANDED

NATURE OF THE ACTION

This is an action under Title VII ofthe Civil Rights Act of 1964, as amended, to correct

unlawful employment practices on the basis of the defendant's failure to provide a religious

accommodation to, and its constructive discharge of Mark Morehouse because ofhis Islamic

religious prayer observance, and to make whole Mark Morehouse. During his employment with

defendant Louisiana Guest House the defendant discriminated against him by failing to provide a

reasonable accommodation to Mr. Morehouse's regular weekly Islamic prayer service, instead,

only allowing him on an ad hoc basis to attend his prayer service ifhe had completed his work

duties. Defendant also discriminated against Mr. Morehouse by discharging him when his prayer

service conflicted with a work assignment on January 16, 1998.

JURISDICTION AND VENUE

1. Jurisdiction of this Court is invoked pursuant to 28 U.S.C. Sections 451, 1331,

1337, 1343 and 1345. This action is authorized amI im:titlltecl nlmmllntto Se~tiom: 70(1 (f) (1)

1111 I IIII

3:98-cv-00964 1 - 1

DATE: 11/13/98

DEPUTY CLERK: bp

and (3) of Title VII of the civil Rights Act of 1964, as amended, 412 U.S.c. section 2000 e, et. seq. ("Title VII").
2. The unlawful employment practices alleged below were committed within the State of Louisiana and the jurisdiction of the United States District Court for the Middle District of Louisiana.
PARTIES 3. Plaintiff Equal Employment Opportunity Commission ("EEOC") is an agency of the United States of America charged with the administration, interpretation and enforcement of Title VII and is expressly authorized to bring this action by Section 706 (f) (1), of Title VII, 42 U.S.C. Section 2000e (f) (1). 4. At all relevant times, defendant Louisiana Guest House ("defendant") has continuously been a Louisiana corporation doing business in the State of Louisiana and the City of Baton Rouge, Louisiana, and has continuously had and does now have at least fifteen employees. 5. At all relevant times, defendant has continuously been and is now 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. Section 2000e (b), (g) and (h).
STATEMENT OF CLAIMS 6. More than thirty days prior to the institution of this lawsuit, Mark Morehouse filed a charge with the EEOC alleging violations of Title VII by defendant. All conditions precedent to the institution of this lawsuit have been fulfilled. 7. Since at least November 1997 defendant engaged in unlawful employment
2

practices at its Baton Rouge, Louisiana facility in violation of Title VII, 42 U.S.C. Section 2000e-2 (a). The unlawful employment practices consist of discriminating against Mark Morehouse based on his religion by not providing a reasonable accommodation for Mr. Morehouse to attend his regular weekly Islamic religious prayer service, instead allowing Mr. Morehouse on an ad hoc basis to attend his prayer service only ifhis work duties were completed. Defendant also discriminated against Mr. Morehouse by constructively discharging him on January 16, 1998 when his prayer service conflicted with a work assignment.
8. The effect ofthe practices complained of above has been to deprive Mark Morehouse of equal employment opportunities and otherwise to adversely affect his status as an employee by discriminating against him on the basis ofhis religion.
9. The practices complained of above caused Mark Morehouse to suffer pecuniary losses, including lost wages and the costs of seeking new employment.
10. The practices complained of above caused Mark Morehouse to suffer nonpecuniary losses, including emotional pain, suffering, inconvenience and mental anguish.
11. The employment practices complained of above were committed with malice or reckless indifference to the federally protected rights ofMark Morehouse.
PRAYER FOR RELIEF WHEREFORE, the EEOC respectfully requests that this Court: A. Grant a permanent injunction enjoining the defendant, its officers, directors, managers, successors, assigns and all persons in active concert or participation with it from engaging in any employment practice which discriminates against it s employees on the basis of religion in violation of Title VII;
3

B. Order defendant to institute and carry out policies, practices and programs which equal employment opportunities for all persons and which eradicate the effects of its unlawful employment practices;
C. Order defendant to make whole Mark Morehouse by awarding appropriate back pay with prejudgment interest, in amounts to be proved at trial, and other affirmative relief necessary to eradicate the effects of its unlawful practices, including but not limited to, awarding rightful place reinstatement or, alternatively, front pay;
D. Order defendant to make whole Mark Morehouse by providing him compensation for other pecuniary losses, including, but not limited to costs for seeking new employment, in amounts to be determined at trial;
E. Order defendant to make whole Mark Morehouse by providing him compensation for non-pecuniary losses, including emotional pain, suffering, inconvenience and mental anguish;
F. Order defendant to pay punitive damages in amounts to be proven at trial; G. Grant such further relief as the Court deems necessary and proper; and H. Award the EEOC its costs in this action.
JURY TRIAL DEMAND The EEOC requests a jury trial on all questions of fact raised by its complaint.
c. GREGORY STEWART
General Counsel No Bar Roll Number Assigned
4

· .

Regional Attorney E.D. Bar Roll No. 15200000
Ilt!#,~,=Supervisory Trial Attorney E.D. Bar Roll No. 1286

N. ELEANOR GRAHAM

Senior Trial Attorney

E.D. Bar Roll Number 16946

EQUAL EMPLOYMENT OPPORTUNITY

COMMISSION

New Orleans District Office

701 Loyola Avenue, Suite 600

New Orleans, Louisiana 70113

Telephone:

(504) 589-6922

(504) 589-6817

Facsimile:

(504) 589-6033

5

 
 R"E eEl V E 0

JAN 11 1998
. ,. --~~ ;:oE~E!Afl~ ,

U S. DISTRICT COURT
I THE UNITED STATES DISTRICT COUR'l MIDDLE DISTRICT OF LOUiSiANA
F R THE MIDDLE DISTRICT OF LOUISIAN~.
FILED JAN 27 1999
= ¥ ENT

OPPORTUNITY COMMISSION, Plaintiff

CIVIL ACTION NO RICHARD T. MARTIN
CLERK

MARK MOREHOUSE
v.

Intervenor

98-964 SECTION A

LOUISIANA GUEST HOUSE Defendant

MAGISTRATE 3

COMPLAINT IN INTERVENTION
The intervenor above named, by leave of court first had and obtained, files this, his complaint of intervention, against the above-named defendant, and says:
1. Equal Employment Opportunity Commission, the original plaintiff herein, filed this complaint on November 13, 1998, against Louisiana Guest House, defendant, to correct unlawful employment practices on the basis of the defendant's failure to provide a religious accommodation to, and its constructive discharge of Mark Morehouse because of his Islamic religious prayer observance and to make whole Mark Morehouse.
2. Louisiana Guest House, the original defendant herein, has not filed an answer in the original action.
3. Since at least November 1997, defendant engaged in unlawful employment practices at its Baton Rouge, Louisiana facility in violation of Title VII, 42 U.S.c. Section 2000e-2(a). The unlawful employment practices consist of discriminating against Mark Morehouse based on his religion by not providing

1111111111111 I "I 3: 98-cv-00964 5 - 1

DATE: 01/27/99

DEPUTY CLERK: BW

a reasonable accommodation for Mr. Morehouse to attend his regular weekly Islamic religious prayer service, instead allowing Mr. Morehouse on an ad hoc basis to attend his prayer service only if his work duties were completed. Defendant also discriminated against Mr. Morehouse by constructively discharging him on January 16, 1998 when his prayer service conflicted with a work assignment. 4. The effect of the practices complained of above has been to deprive Mark Morehouse of equal employment opportunities and otherwise to adversely affect his status as an employee by discriminating against him on the basis of his religion. 5. The practices complained of above caused Mark Morehouse to suffer pecuniary losses, including loss wages and the costs of seeking new employment. 6. The practices complained of above caused Mark Morehouse to suffer nonpecuniary losses, including emotional pain, suffering, inconvenience and mental anguish. 7. The employment practices complained of above were committed with malice or reckless indifference to the federally protected rights of Mark Morehouse
WHEREFORE, this intervenor respectfully requests that this Court: A. Grant a permanent injunction enjoining the defendant, its officers,
directors, managers, successors, assigns and all persons in active concert or participation with it from engaging in any employment practice which

discriminates against it's employees on the basis of religion in violation of Title VII; B. Order defendant to institute and carry out policies, practices and programs which eradicate the effects of its unlawful employment practices; C. Order defendant to make whole Mark Morehouse by awarding appropriate back pay with prejudgment interest, in amounts to be proven at trial, and other affirmative relief necessary to eradicate the effects of its unlawful practices, including but not limited to, awarding rightful place reinstatement or, alternatively, front pay; D. Order defendant to make whole Mark Morehouse by providing him compensation for other pecuniary losses, including but not limited to costs for seeking new employment, in amounts to be determined at trial; E. Order defendant to make whole Mark Morehouse by providing him compensation for non-pecuniary losses, including emotional pain, suffering, inconvenience and mental anguish; F. Order defendant to pay punitive damages in amounts to be proven at trial; G. Grant such further relief as the Court deems necessary and proper H. That an answer be filed be filed hereto by both Equal Employment Opportunity Commission, the original plaintiff herein, and by Louisiana Guest House, the original defendant herein. 1. That the intervenor be granted reasonable attorney's fees.

JURY TRIAL DEMAND
The intervenor requests a jury trial on all questions of fact raised by its complaint.
Dated: January 12, 1999
Michael Charles uy LBN 25406 Cleo Fields LBN 25388 THE FIELDS LAW FIRM 2147 Government Street Baton Rouge, Louisiana 70806 Tel: (504) 343-5377
CERTIFICATE OF SERVICE
I, Michael Charles Guy, hereby certify that a copy of the above and foregoing
pleading has this 12th day of January 1999 been forwarded VIA U.S. Mail to the
following persons:
N. Eleanor Graham Equal Employment Opportunity Commission New Orleans District Office 701 Loyola Avenue, Suite 600 New Orleans, Louisiana 70113
Greg Guidry Onebane, Bernard, Torian, Diaz, McNamara and Abell Suite 600, Versailles Centre 102 Versailles Boulevard P.O. Drawer 3507 Lafayette, Louisiana 70502

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

F\tED RT ~.~U\[.lSO.LE0105115.1C. OOUf LA.

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*************************************

*

EQUAL EMPLOYMENT OPPORTUNITY *

COMMISSION,

*

*

Plaintiff

*

*

v.

*

*

LOUISIANA GUEST HOUSE,

*

* Defendant *

*
*************************************

CIVIL ACTION NO. 98-964 SECTION A MAGISTRATE 3

CONSENT MOTION TO DISMISS COMPLAINT

NOW COMES Plaintiff Equal Employment Opportunity Commission ("Commission")

and moves this Court to dismiss its Complaint on the grounds that the Commission and the

Defendant have entered into a settlement agreement which resolves the Commission's interest in

the. charge that resulted in the filing of the Complaint, but does not resolve claims of Intervenor

Mark Morehouse. A true copy of this Settlement Agreement is attached to this motion.

Undersigned counsel for the Commission certify that this Agreement resolves the charge to the

satisfaction of the Commission and the Defendant without the necessity of a court-ordered

decree. Undersigned counsel further certify that they have obtained the consent of all parties to

dismiss the Complaint ex parte, with the understanding that the Intervenor Mark Morehouse may

prosecute his Complaint In Intervention against the Defendant, that the parties to the Settlement

Agreement are to bear their own costs, and that the Court retains jurisdiction to enforce the

/11111111 III

3: 98-cv-00964 6 - 1

DATE: 02/10/99

DEPUTY CLERK: BW

Settlement Agreement between the Commission and the Defendant, if necessary. Accordingly, the Commission moves this Court to dismiss its Complaint, with prejudice, each party to the Settlement Agreement to bear its own costs.
Respectfully submitted, C. GREGORY STEWART General Counsel No Bar Roll Number Assigned KEITH T. HILL Regional Attorney Bar Roll No. 152000
Supervisory Trial Attorney Bar Roll No. 1286
d?{. ~,,~l~ N. ELEANOR GRAHAM Senior Trial Attorney Bar Roll Number 16946 EQUAL EMPLOYMENT OPPORTUNITY COMMISSION New Orleans District Office 701 Loyola Avenue, Suite 600 New Orleans, Louisiana 70113 Telephone: (504) 589-6922 (504) 589-6817 Facsimile: (504) 589-6033
2

CERTIFICATE OF SERVICE

I, N. Eleanor Graham, hereby certify by my signature that I have served the foregoing ~.

pleading on ou e for all parties via properly addressed, first-class United States mail, this ~

_ day of

, 1999.

~>2J.u~-<c
'if. Eleanor Graham

3

..,

'.

I

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

EQUAL EMPLOYMENT OPPORTUNITY *

COMMISSION,

*

*

Plaintiff,

*

*

v.

*

*

*

*

LOUISIANA GUEST HOUSE,

*

*

Defendant

*

*******************************

CIVIL ACIIQN NO.
98-964 SECTION A MAGISTRATE 3

SETTLEMENT AGREEMENT

WHEREAS, on November 13, 1998, the Equal Employment Opportunity Commission ("EEOC" or "the Commission") instituted Civil Action Number 98-964 in the United States . District Court for the Middle District of Louisiana, charging Louisiana Guest House ("defendant") with violations of Section 2000 e-2 (a) of Title VII of the Civil Rights Act, 42 U.S.C. § 2000 e-2 (a) ("Title VII"), alleging that the defendant discriminated against Mark Morehouse on the basis of his religion; and
WHEREAS, defendant has not admitted and does not admit that it has engaged in any unlawful employment practices; and
WHEREAS, this Court has jurisdiction over the subject matter of this action and over the parties to this action; and
WHEREAS, the Commission and the defendant have agreed to settle this matter for the relief specified in this Settlement Agreement; and

".

'1

. i
"--

WHEREAS, the parties to this lawsuit now wish to resolve all claims and controversies encompassed by this lawsuit without the burden, expense or delay of further litigation and without a court-ordered Consent Decree;
THEREFORE IT IS AGREED BETWEEN THE COMMISSION AND THE DEFENDANT THAT:
1. The negotiation and execution of this agreement will resolve any and all claims of
alleged Title vn violations brought by the Commission against the defendant arising out of
EEOC Charge Number 270.,98-0717. 2. The purposes of the Title VII will be furthered by this agreement, the terms of
which constitute a fair and equitable settlement. 3. Neither the negotiation nor execution of this agreement shall constitute an
acknowledgment or admission of any kind by the defendant that its officers, agents or employees have violated or have not been in compliance with Title VII or with any other applicable law, regulation or order.
4. This Settlement Agreement relates only to the alleged Title vn violation raised in
EEOC Charge Number 270-98-0717 and Civil Action Number 98-964, which was filed by the Commission in the United States District Court for the Middle District of Louisiana, on November 13, 1998.
5. Defendant agrees to pay Mark Morehouse the sum of$12,000 as damages in
return for a dismissal of the referenced Title vn suit brought by the Commission and for a
release from any and all Title VII claims raised by Charge Number 270-98-0717. The parties acknowlege that prior to defendant's execution of this agreement that the defendant has
2

'.
tendered payment directly to Mr. Morehouse via letter dated December 16, 1998. 6. The parties further agree that after the execution of this agreement the defendant
shall continue to post conspicuously at its Baton Rouge, Louisiana facility all equal employment opportunity and anti-discrimination notices required by federal regulations.
7, The parties further agree that within 120 days after execution of this agreement the defendant will provide Title VII training for its administrator and managers at its Baton Rouge, Louisiana facility and that such training will include instruction about the prohibitions of reiigious discrimination under Title VII.
8. The parties aclrnowledge that the Court retains jurisdiction for the purpose of enforcing this agreement and that in the event the defendant fails to perform its obligations herein, the Commission is empowered to enforce this Settlement Agreement through the applicable federal enforcement procedures and to seek sanctions and costs that may be due as a result of the need to seek its enforcement.
9. Should any provision of this agreement be declared or be determined by any Court to be illegal or invalid, the validity of the remaining parts, terms or provisions shall not be affected thereby and said illegal or invalid part, term or provision shall be deemed not to be a part ofthis agreement.
10. The parties will each bear their own attorneys' fees and costs incurred in connection with the litigation of this case.
11. This Settlement Agreement sets forth the entire agreement between the Commission and defendant, and fully supersedes any and all prior agreements or understandings
3

~\.

\
.

between the Commission and defendant pertaining to the subj ect matter herein.

This SETTLEMENT AGREEMENT is thus done and executed by the parties, through

their respective undersigned counsel as follows.

qt FOR THE PLAINTIFF:
Date: 1(/1:?;'/
( I

C. GREGORY STEWART General Counsel No Bar Roll Number Assigned
1:irfk'[ ?c.1t

Regional Attorney Bar Roll No. 15200000

LLE T. BUTLER Supervisory Trial Attorney Bar Roll No. 1286
/!. £&att9>4JL-N. ELEANOR GRAHAM Senior Trial Attorney Bar Roll Number 1.6946 EQ1.JAL EMPLOYMENT OPPORTUNITY COMMISSION New Orleans District Office 701 Loyola Avenue, Suite 600 New Orleans, Louisiana 70113 Telephone: (504) 589-6922 (504) 589-2701 Facsimile: (504) 589-2805

4

.·.... .....
FOR THE DEFENDANT:
Date:_J...:::.la~/'..J-/1..:....j./~C;~1_ _

.>
Onebane, Bernard, Torian, Diaz, McNamara & Abell
Suite 600, Versailles Centre 102 Versailles Boulevard P.O. Drawer 3507 Lafayette, Louisiana 70502-3507 Telephone: (318) 237-2660 Telecopier: (318) 266-1232

5

 
 CM/ECF LIVE - U.S. District Court:lamd - Docket Report

https://ecf.lamd.uscourts.gov/cgi-bin/DktRpt.pl?405895979704921-L_3...

U.S. District Court Middle District of Louisiana (Baton Rouge) CIVIL DOCKET FOR CASE #: 3:98-cv-00964-JVP

CLOSED, FRC

Equal Employment Opp v. LA Guest House Assigned to: Judge John V. Parker Demand: $0 Cause: 42:2000 Job Discrimination (Race) Plaintiff Equal Employment Opportunity Commission TERMINATED: 02/10/1999
V. Defendant LA Guest House TERMINATED: 02/10/1999
Intervenor Plaintiff Mark Morehouse

Date Filed: 11/13/1998 Date Terminated: 06/18/1999 Jury Demand: None Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff
represented by Nancy Eleanor Graham U.S. Equal Employment Opportunity Commission 1555 Poydras Street Suite 1900 New Orleans, LA 70112 504-595-2875 Fax: 504-589-6861 Email: nancy.graham@eeoc.gov TERMINATED: 02/10/1999 LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Gregory Guidry Onebane Law Firm - Laf P.O. Box 3507 1200 Camelia Blvd., Suite 300 Lafayette, LA 70502-3507 337-237-2660 Fax: 266-1232 Email: guidryg@onebane.com TERMINATED: 02/10/1999 LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Michael Charles Guy Louisiana Department of Justice - B.R. P.O. Box 94005 Baton Rouge, LA 70804-9005 225-326-6438 Fax: 225-326-6497

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CM/ECF LIVE - U.S. District Court:lamd - Docket Report
V. Intervenor Defendant LA Guest House Movant Mark Morehouse TERMINATED: 01/27/1999
Counter Claimant LA Guest House
V. Counter Defendant Mark Morehouse
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https://ecf.lamd.uscourts.gov/cgi-bin/DktRpt.pl?405895979704921-L_3...
Email: Guym@ag.state.la.us LEAD ATTORNEY ATTORNEY TO BE NOTICED
Cleo Fields The Fields Law Firm 2147 Government Street Baton Rouge, LA 70806 225-343-5377 Fax: 225-343-5311 Email: cdecuir8@yahoo.com ATTORNEY TO BE NOTICED
represented by Gregory Guidry (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Michael Charles Guy (See above for address) TERMINATED: 01/27/1999 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Cleo Fields (See above for address) TERMINATED: 01/27/1999 ATTORNEY TO BE NOTICED
represented by Gregory Guidry (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Michael Charles Guy (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Cleo Fields (See above for address)
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CM/ECF LIVE - U.S. District Court:lamd - Docket Report

https://ecf.lamd.uscourts.gov/cgi-bin/DktRpt.pl?405895979704921-L_3...

ATTORNEY TO BE NOTICED

Date Filed 11/13/1998 11/13/1998 01/11/1999 01/12/1999 01/27/1999 01/27/1999 02/10/1999 02/10/1999
02/16/1999 02/16/1999 02/26/1999 03/04/1999 03/04/1999
06/17/1999

#

Docket Text

1 COMPLAINT (elp) (Entered: 11/16/1998)
2 ORDER, set Scheduling Conference for 9:30 3/4/99 , set Status Report deadline to 2/28/99 ( signed by Mag. Judge Docia L. Dalby ), issued notices. (elp) (Entered: 11/16/1998)
Clerk holding Complaint in Intervention (bw) (Entered: 01/12/1999)
3 MOTION to Intervene by Mark Morehouse (bw) (Entered: 01/12/1999)
4 ORDER granting [3-1] motion to Intervene by Mark Morehouse ( signed by Mag. Judge Docia L. Dalby ), issued notices. (bw) (Entered: 01/27/1999)
5 INTERVENOR'S Complaint by Mark Morehouse against LA Guest House (bw) (Entered: 01/28/1999)
6 CONSENT MOTION by Equal Employment Opp, LA Guest House (Attorney Gregory Guidry) to Dismiss Complaint (bw) (Entered: 02/10/1999)
7 ORDER granting [6-1] consent motion to Dismiss Complaint by LA Guest House, Equal Employment Opp...IT IS HEREBY ORDERED that the pla's complaint is dismissed with prejudice, each party to the settlement agreement to bear its own costs. IT IS FURTHER ORDERED that this dismissal does not preclude the Intervenor from proceding against the dft by his complaint in intervention ( signed by Judge John V. Parker ), issued notices. (bw) (Entered: 02/10/1999)
8 ANSWER by LA Guest House to [5-1] intervenor complaint (elp) (Entered: 02/16/1999)
8 COUNTERCLAIM by LA Guest House against Mark Morehouse (elp) (Entered: 02/16/1999)
9 STATUS REPORT by Mark Morehouse (bw) (Entered: 03/01/1999)
Scheduling conference held (elp) (Entered: 03/04/1999)
10 ORDER,..Scheduling cnf held 3/4/99... set Amended Pleadings deadline to 7/16/99 , set Discovery deadline to 10/13/99 , set Expert Witness List deadline to 7/16/99 for pla and 8/13/99 for dft , set Expert reports deadline due by 8/13/99 for Equal Employment Opp , set Expert reports deadline due by 9/13/99 for LA Guest House , set Experts deposed deadline for 10/13/99 for Mark Morehouse, for LA Guest House, for LA Guest House, for Mark Morehouse, for Mark Morehouse, for LA Guest House, for Equal Employment Opp , set Dispositive Motion Filing deadline to 10/31/99 ( signed Mag. Judge Docia L. Dalby ), issued notices. (elp) (Entered: 03/04/1999)
11 JOINT MOTION by Mark Morehouse, LA Guest House to Dismiss with prejudice (elp) (Entered: 06/17/1999)

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06/18/1999
06/18/1999 10/09/2001

12 JUDGMENT granting [11-1] joint motion to Dismiss with prejudice by LA Guest House, Mark Morehouse ( signed by Judge John V. Parker ) (bnw) (Entered: 06/18/1999)
Case closed (bnw) (Entered: 06/18/1999)
**Set FRC Flag ..Record located at Federal Records Center in Fort Worth, TX (clp) (Entered: 10/09/2001)

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