Case 4:05-cv-01090-CLS

Document 1

Filed 05/26/2005

Page 1 of 6

FILED
2005 May-27 AM 09:44 U.S. DISTRICT COURT
N.D. OF ALABAMA

IN THE UNITED STATES DISTRICT CO URT FOR THE NORTHERl'\l DISTRJCT OF ALABAMA
MIDDLE DIVISION

EQ UAL EMPLOnlENT OPPORTUN ITY C O i\IMIS5ION, Plaintiff,
TYSON FOODS, INC. Defendant.

COMPLAINT JURY TRIAL PEMAND

NAT URE OF THE AcrlDN This is an action brOUght under Tille VII of the Civil Rights Act of 1964, as amended, to corre<:t unla"ful emplo)mem practices on the basis of sex. and to make whole Sheena Cranford. The Defendant discriminated against Shenna Cranford by subjecting her to a sexually hostile work environment, and constructively discharging her because of her sex, female.

JURISDICTION ANP VENUE

I.

Jurisdiction of this Coun is invoked pursuant to 28 U.S.c. §§ 451, 1331. 1337,

1343 and 1345. This action is authorized and instituted pursuant to §§ 703, 706(1)(1) and (3) of

Title VII ofthe Civil Rights Act of 1964. as amended, 42 U.5.C. § 2000e-5(1)( I) and (3), and Section

102 of the Civil Rights Act of 1991,42 U.S.c. Se>:!ion 198 1A.

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2. The unlal'oful employment practices alleged below were committed within the Jurisdiction of the United States District Court for the Northern District of Alabama. Middle Division.
PA RTI['S 3. The 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 and is expressly authorized to bring this action by § 706(f)(1) of Title VII.
42 U.S.c. § 2000e-5(f)(1).
4. Atall relevant times, the Defendant, Ty'>On Foods, Inc. (""Tyson" orthe "Employer") has been doing business in the State of Alabama and the city of Albertville, and has had at least fifteen (15) employees.
5. At all relevant times. the Defendant, Tyson has continuously been, and is now, an employer engaged in an industry affe<:ling commerce "ithin the meaning of§ 701(b), (g) and (h) of Title VII. 42 U.S.c. § 2000e-{b), (g) and (h).
STA TEME NT Qf CLAl i'o lS 6. More than thirty (30) da~'s prior to the institution of this lawsuit, on or about November 6. 2003. Sheena Cranford filed a Charge of Discrimination "ith Ihe Commission alleging violations of Tide VII by the Defendant. 7. The Defendant was given notice of the charge on or about November 6, 2003. The Defendant responded to the charge on or about December 15,2003.
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8. On or about September IS, 2004. the Commission determined that there was reasonable cause to believe that Sheena Cranford was subjected to se)( ual harassment by Tyson and was constructively discharged by Tyson ~ause of her SC)(, female.
9. Between September IS and October 13. 2004. the Commission attempted 10 conciliate the charge. On October 13, 2004, the Commission notified Sheena Cranford and lIIe Employer lIIat conciliation had been unsuccessful. All administrative prerequisites to lIIis suit have been met.
10. Since on or about April 17, 2003, the Defendant has engaged in unlawful employment
practices at its Albertville facility in violation of §§ 703(aXI) of Titlc VII, 42 U.S.C. § 2000c·
2(aXI). These practices include maintaining a sc)(ually hosti le work environment. I I. On or about April 14, 2003, Sheena Cranford was hired by Tyson on its produclion line.
During her employment Sheena Cranford "''as subjetted to unwelcome se)(ual conduct by her coworkers. because of her se)(. female.
12. Sheena Cranford complained to Tyson management personnel about the se)( ual harassment.
13. Defendam ignored these complaints and the situation was not corrected. 14. Defendant failed to take prompt and effective action in response to Sheena Cranford's complaims. IS. Defendant failed to exercise reasonable Cilre to prevent and correct promptly the harassing behavior. 16. The effect of the practices complained of above has been to deprive Sheena Cranford of equal employment opportunities and otherv.';sc adversely affected her status as an employee, because of her sex. female.

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18. The unlawful employment practices complained of above were intemional. 19, The unlawful employment practices complained ofabove were done with malice and/or reekless indifference to the federally protected rights of Sheena Cranford. 20. The unlawful employment practices complained of above were so intolerable that a reasonable IJC'rson would have felt compelled to resign .
PM YER FOR RELIEF WHEREFORE, the Commission respectfully requests thai this Court:
A. Grant a permanent injunClion enjoining the Defendant. its officers, agents, soccessors, assigns and all persons in active concert or participation with it, from engaging in any employment practices which discriminate on the basis of sex.
Il Order the Defendant to institute and cany oUI policies, practices and programs which provide equal emplo>ment opportunities for all of its employees regardless of sex and which eradicate the effects of its past and present unlawful employment practices.
C. Order the Defendant 10 make whole Sheena Cranford by providing, where appropriate. lmck pay with prejudgment interest. in amounts to be determined at trial. and other affirmative relief necessary to eradicate the effects of its unlawful emplo}mem practices, including but notlimiled to reinstatement.
D, Order the Defendant to make whole Sheena Cranford, by providing compensation for past and future pecuniary losses.
E. Order the Defendant to make whole Sheena Cranford by providing her with compensation for non·pecuniary losses. including pain and suffering. emotional distreSs. humiliation, isolation, depression. loss of credit, and loss of enjoyment of life.
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F. Order the Defendant to pay Sheena Cranford punitive damages for its malicious and/or reckless conduct. in an amount to be determined at trial.
G. Grant such further relief as the Court deems nC(:essary and propel". H. Award the Commission its costs in this action.
J URY TRIAL DEMA ND The Commission requests ajury trial on all questions offact raised by the Complaint.
Respectfully submil1ed. ERIC S. DREIBAND General Counsel JAMES L. LEE Deputy General Counsel GWENDOLYN YOUNG REAMS Associate General Counsel EQUAL EMPLOYMFJ\'T OPPORTIJNITY
COMMISSION 1801 "L" Street, N.W. Washington. DC 20507
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Supervisory Trial Attorney Alabama Slate Bar il) #ASB-6535-D67P
c~
Senior Trial Anorney Colorado State Bar ID #21309 EQUAL E:-'1PLOYMENT OPPORTUNITY
CO MMISSION 113022" Street South. Suite 2000 Binningham, Alabama 35205 -2881 Telephone: (205) 212-2047 Facsimile: (20S) 212-2041 WAIVER OF SERVICE FORMS WILL BE SEl'rT WITH COMPLAIl\'T
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 Case 4:05-cv-01090-CLS

Document 8

Filed 10/05/2005

Page 1 of 11

FILED
2005 Oct-05 PM 06:22 U.S. DISTRICT COURT
N.D. OF ALABAMA

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ALABAMA
MIDDLE DIVISION

EQUAL EMPLOYMENT OPPORTUNITY *

COMMISSION,

*

*

Plaintiff,

*

*

*

SHEENA CRANFORD,

*

*

Intervenor,

*

*

vs.

*

*

TYSON FOODS, INC.

*

*

Defendant.

*

CASE NUMBER: CV 05-S-1090-M
JURY TRIAL DEMANDED

COMPLAINT IN INTERVENTION OF SHEENA CRANFORD

I. INTRODUCTION This is an action for legal and equitable relief brought pursuant to Title VII of the Civil Rights Act of 1964, as amended (“Title VII”), to redress unlawful employment practices committed by the Defendant, Tyson Foods, Inc. (“Tyson”). Specifically, Tyson discriminated against the Plaintiff, Sheena Cranford (“Cranford”) and/or otherwise deprived Cranford of the rights secured by Title VII by, among other things, (1) subjecting Cranford to unlawful harassment, (2) subjecting Cranford to a hostile working environment, and (3) constructively discharging Cranford because of her sex.

Case 4:05-cv-01090-CLS Document 8 Filed 10/05/2005 Page 2 of 11
II. JURISDICTION AND VENUE
1. The jurisdiction of this Court is invoked pursuant to 28 U.S.C. §§ 451, 1331, 1337, 1343, 1345 and 42 U.S.C. 2000e et. seq.
2. The unlawful employment practices alleged herein were all committed by Tyson within the jurisdiction of the United States District Court for the Northern District of Alabama, Middle Division.
III. STATEMENT OF THE PARTIES
3. The Equal Employment Opportunity Commission (the “EEOC”), one of the Plaintiffs in this suit, is an agency of the United States of America charged with the administration, interpretation and enforcement of Title VII.
4. Cranford is a female individual over the age of nineteen years, a citizen of the United States, and a resident of the State of Alabama.
5. Tyson was an employer of Cranford during the time period pertinent to this lawsuit. At all times material to the issues in this case, Tyson employed more than fifteen (15) Page 2 of 11

Case 4:05-cv-01090-CLS Document 8 Filed 10/05/2005 Page 3 of 11
people, and, thus, qualifies as an “employer” for Title VII purposes.
IV. STATEMENT OF FULFILLMENT OF ALL ADMINISTRATIVE PREREQUISITES
6. More than thirty (30) days prior to the institution of this lawsuit, on or about November 6, 2003, Cranford filed a Charge of Discrimination with the EEOC alleging violations of Title VII by Tyson.
7. Tyson was given notice of the charge and responded to the same on or about December 15, 2003.
8. On or about September 24, 2004, the EEOC determined that there was reasonable cause to believe that Cranford was subjected to unlawful harassment by Tyson and was constructivelly discharged by Tyson because of her sex.
9. The EEOC attempted to conciliate Cranford’s charge. However, on or about October 13, 2004, the EEOC notified Cranford and Tyson that conciliation had been unsuccessful.
10. All administrative prerequisites to this suit have been satisfied and met.
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V. FACTUAL ALLEGATIONS
11. Cranford was hired by Tyson on or about April 14, 2003 as a production line worker. During the duration of her employment, Cranford was subjected to unwelcome sexual harassment and was subjected to a hostile working environment.
12. The sexually harassing, unwelcome and inappropriate conduct Cranford endured during her employment with Tyson included, but was not limited to, the following:
A. Almost immediately upon her employment with Tyson, Rogelio Ortiz and other Hispanic co-workers began to make sexually explicit comments and gestures to Cranford.
B. As called for (and in fact required) by Tyson=s harassment policy, Cranford reported this conduct to Tyson management.
C. Despite her report, no effective investigation was done and the problems did not stop. In fact, they escalated.
D. Ortiz - the same person who was verbally harassing Cranford - cornered Cranford and physically placed his hand down her shirt. Vicki Snead, the Page 4 of 11

Case 4:05-cv-01090-CLS Document 8 Filed 10/05/2005 Page 5 of 11
second shift superintendent and a member of Tyson=s management team, actually witnessed this happen. However, Ortiz was not terminated. In fact, nothing was done to prevent this from happening again.
E. Ortiz and other Hispanic workers continued to jeer at and proposition Cranford. At one point, Ortiz sexually propositioned Cranford in the break room. When she refused, he grabbed her son=s Easter basket and she had to follow him to retrieve it. Once again, this conduct was reported to Tyson management. Once again, nothing was done.
F. On another occasion, Ortiz followed Cranford to her car after their shift ended. Once again, he forced himself on Cranford, this time inserting his hands in her shirt and down her pants. Cranford tried to push Ortiz off but to no avail.
G. This incident was promptly reported to Tyson management and to the Albertville police department. Although criminal charges were filed by Cranford, Ortiz was not terminated. His shift was not even changed. In fact, Ortiz was placed on the same line beside Cranford to do his work.
H. Ortiz was criminally convicted on September 9, 2003. He was given a 30 day jail sentence, and placed on probation for 24 months. Based on knowledge, Page 5 of 11

Case 4:05-cv-01090-CLS Document 8 Filed 10/05/2005 Page 6 of 11
information and belief, Ortiz was not fired after his criminal conviction.
13. Not only was the conduct of Rogelio Ortiz and other co-workers utterly deplorable, but Tyson management officials (including, but not limited to, Terry Wester and Vickie Snead) turned a blind eye to the situation and failed to protect Cranford.
14. Cranford properly and promptly reported the sexually harassing, unwelcome and inappropriate conduct she endured to Tyson management officials.
15. Although Tyson had knowledge of the harassment Cranford suffered, it utterly failed to take prompt and effective remedial action. This lack of action contributed to the hostile work environment and sexual harassment experienced by Cranford.
16. Further, Tyson failed to exercise reasonable care to prevent and correct promptly the harassing behavior. This lack of action contributed to the hostile work environment and sexual harassment experienced by Cranford.
17. The effect of the practices complained of has been to deprive Cranford of equal employment opportunities and otherwise adversely affect her status as an employee.
18. The actions of Tyson complained of were intentional and were committed with malice and/or with a reckless disregard for the federally protected rights of Cranford. Page 6 of 11

Case 4:05-cv-01090-CLS Document 8 Filed 10/05/2005 Page 7 of 11
19. As a result of the Tyson’s actions, Cranford has suffered emotional distress, mental anguish, embarrassment, humiliation, inconvenience, loss of enjoyment of life and loss of earnings, income and benefits.
VI. COUNT ONE - SEXUAL HARASSMENT IN VIOLATION OF TITLE VII
20. Cranford re-alleges and incorporates by reference paragraphs 1 through 19 with the same force and effect as if fully set out in specific detail herein below.
21. The harassment suffered by Cranford was unwelcome and was severe and pervasive enough to adversely affect the terms and conditions of Cranford’s employment.
22. Tyson knew or should have known of the sexually harassing, unwelcome and inappropriate conduct Cranford endured and did not take prompt, effective remedial action. Further, Tyson failed to exercise reasonable care to prevent and correct promptly the harassing behavior. Therefore, Tyson is liable for violating the proscription against discrimination on the basis of sex found in Title VII.
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VII. COUNT TWO - HOSTILE WORK ENVIRONMENT
23. Cranford re-alleges and incorporates by reference paragraphs 1 through 22 with the same force and effect as if fully set out in specific detail herein below.
24. The abusive, hostile and threatening behavior Cranford endured was severe and pervasive enough to create a hostile work environment that adversely affected the terms and conditions of Cranford’s employment.
25. Tyson knew, or should have known, of the hostile work environment, and did not take prompt, effective remedial action. Further, Tyson failed to exercise reasonable care to prevent and correct promptly the underlying behavior.
VIII. COUNT THREE - CONSTRUCTIVE DISCHARGE
26. Cranford re-alleges and incorporates by reference paragraphs 1 through 25 with the same force and effect as if fully set out in specific detail herein below.
27. Cranford avers that the discriminatory actions of Tyson, including the sexual harassment and hostile work environment, and the failure of Tyson to promptly and Page 8 of 11

Case 4:05-cv-01090-CLS Document 8 Filed 10/05/2005 Page 9 of 11
effectively remedy the same, caused Cranford to resign from her employment and, therefore, amounted to a constructive discharge.
IX. PRAYER FOR RELIEF
WHEREFORE, Cranford respectfully prays that this Court will assume jurisdiction of this matter, and:
a. Issue a declaratory judgment that the employment policies and practices, conditions, and customs of the Defendant at issue in this matter are violative of Cranford’s rights as secured by Title VII.
b. Grant Cranford a permanent injunction enjoining the Defendant, its agents, successors, employees and assigns from continuing to violate Cranford’s federally protected rights.
c. Enter an Order requiring the Defendant to make Cranford whole by awarding her the position, salary, seniority and benefits she would have had in the absence of discrimination and/or constructive discharge.
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d. Enter an Order awarding Cranford any and all declaratory, equitable and/or injunctive relief she may be entitled to.
e. Enter an Order awarding Cranford any and all nominal damages, back pay, front pay, interest, compensatory, liquidated and punitive damages she may be entitled to.
f. Cranford further prays for such other relief that she may be entitled to, including, but not limited to, an award of costs, attorneys’ fees and expenses.
X. JURY DEMAND
Cranford hereby demands a trial by jury on all issues so triable in this matter.
/s/ Jeffrey B. Carr JEFFREY B. CARR (CARRJ8004) Attorney for Sheena Cranford OF COUNSEL: LAW OFFICES OF JEFFREY B. CARR, LLC Post Office Box 248 Guntersville, Alabama 35976 (256) 582-3003 (256) 571-9232 carr1013@charter.net
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CERTIFICATE OF SERVICE

I hereby certify that a true and correct copy of the foregoing has been served upon:

Mason D. Barrett Senior Trial Attorney for the EEOC 1130 22nd Street South Suite 2000 Birmingham, Alabama 35205-2881

David M. Smith Attorney for Tyson Foods, Inc. Maynard, Cooper & Gale, P.C. 1901 Sixth Avenue North 2400 AmSouth/Harbert Plaza Birmingham, Alabama 35203-2618

via facsimile, and by placing the same in the United States Mail, postage pre-paid and properly addressed, this the 5th day of October, 2005.

/s/ Jeffrey B. Carr JEFFREY B. CARR (CARRJ8004) Attorney for Sheena Cranford

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 Case 4:05-cv-01090-CLS

Document 14

Filed 05/16/2006

Page 1 of 2

FILED
2006 May-16 AM 09:05 U.S. DISTRICT COURT
N.D. OF ALABAMA

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF ALABAMA
MIDDLE DIVISION

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff, and SHEENA CRANFORD,
Plaintiff-Intervenor, vs. TYSON FOODS, INC.,
Defendant.

) ) ) ) ) ) ) ) ) ) ) ) Civil Action No. CV-05-S-1090-M ) ) ) )

FINAL JUDGMENT ORDER ENTERING CONSENT DECREE

The Equal Employment Opportunity Commission commenced this action on

May 27, 2005, alleging that defendant, Tyson Foods, Inc., subjected Sheena Cranford

to unlawful employment practices on the basis of her sex, in violation of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e et seq.1 Ms. Cranford subsequently moved to intervene,2 and filed a proposed intervenor complaint.3 See

Fed. R. Civ. P. 24. Ms. Cranford’s motion was granted on November 19, 2005.

1 See doc. no. 1. 2 See doc. no. 7. 3 See doc. no. 8.

Case 4:05-cv-01090-CLS Document 14 Filed 05/16/2006 Page 2 of 2
This action now is before the court on a joint motion for entry of a Consent Decree (doc. no. 13). A copy of the Consent Decree is attached to the parties’ motion.
Upon review of the complaints filed by the EEOC and Ms. Cranford, and the terms of the Consent Decree, the court finds that all issues raised in the complaints have been disposed of, and that the Consent Decree should be entered. It is, therefore, CONSIDERED, ORDERED, and ADJUDGED that the Consent Decree be, and it hereby is, adopted as the Judgment of this court. Pursuant to the terms of the Consent Decree, the duration of the Consent Decree shall be twenty-four months from the date of its entry, and this court retains jurisdiction over this action for the limited purpose of enforcing the terms and conditions set forth in the Consent Decree. Costs are taxed as paid. The Clerk is directed to close this file.
DONE this 16th day of May, 2006. ______________________________ United States District Judge
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 Case 4:05-cv-01090-CLS

Document 15

Filed 05/16/2006

Page 1 of 10

FILED

2006 May-16 AM 10:02 U.S. DISTRICT COURT
N.D. OF ALABAMA

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ALABAMA
MIDDLE DIVISION

Equal Employment Opportunity

)

Commission

)

)

Plaintiff,

)

vs.

)

)

)
TYSON FOODS, INC., a Delaware )

corporation

)

)

Defendant.

)

)

)

)

CV-05-S-1 090-M CONSENT DECREE

The Equal Employment Opportunity Commission ("EEOC" or "Commission") tiled this action against Tyson Foods, Inc. ("Tyson" or "Defendant") on May 26, 2005, in this Court, to enforce Title VII of the Civil Rights Act of 1964, 42 U.S.C. §2000e et seq. (Title VII) and the Civil Rights Act of 1991, 42 U.S.C. §1981 a. In the Complaint. the Commission alleged that Tyson discriminated against and harassed Sheena Cranford ("Cranford") on the basis of sex, female, and constructively discharged Ms. Cranford after she complained about the discrimination, in violation of Title VII.
Tyson denies all allegations of unlawful or wrongful conduct raised in the complaint, and nothing stated in this Decree constitutes an admission of liability or wrongdoing on the part of Tyson.
The Parties do not object to the jurisdiction of the Court over this action and waive their rights to a hearing and the entry of findings of fact and conclusions of law. Venue is appropriate in the Northern District of Alabama (Middle Division). The parties agree that

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this Consent Decree is fair, reasonable, and does not violate the law or public policy. The rights of Cranford, Tyson, and the Commission, are protected adequately by this Decree.
In the interest of resolving this matter, and avoiding the expense of further litigation, and as a result of having engaged in comprehensive settlement negotiations, the Commission and Tyson have agreed that this action should be finally resolved by entry of this Consent Decree.
It is ORDERED, ADJUDGED AND DECREED: 1. This Decree resolves all claims arising out of the issues between the Commission and Defendant Tyson in this lawsuit, including without limitation, back pay, compensatory and punitive damages, injunctive relief, costs, and attorney fees. This Decree is limited in its scope to matters covered explicitly herein and in particular only the Tyson processing plant in Albertville, Alabama. This Decree expires when Tyson has provided the relief and taken the action provided for herein, or as provided under Paragraph 12 of this Decree, whichever is later. 2. Defendant and its officers, agents, employees, successors, and assigns both at the time that this Decree becomes effective and for the duration of this Decree agree and acknowledge that it is unlawful to: (a) discriminate against any employee on the basis of sex, (b) harass any employee based on sex; (c) retaliate against any employee because he or she: (i) opposes or opposed discriminatory practices made unlawful by Title VII; (ii) files or filed a charge of discrimination or assists, assisted, participates, or participated in the filing of a charge of discrimination; or (iii) assists, assisted, participates or participated in an investigation or proceeding brought under the federal or state laws prohibiting discrimination or retaliation; and (d) alter the terms and conditions of any employee's employment because of sex to the extent required by Federal law.
MONETARY RELIEF 3. Tyson shall pay, by check or money order, the total amount of $58,000.00 within ten (10) days from the date of the entry of this Decree, to Sheena Cranford. Tyson will not condition the receipt of individual relief on Ms. Cranford's agreement to
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maintain as confidential the terms of this Decree. Tyson will issue applicable United States Internal Revenue Service Forms to Ms. Cranford for all such payments on or before January 31, 2007.
4. The payment provided for in paragraph 3 of this Decree shall be mailed directly by Tyson attorney to Ms. Cranford's attorney, Jeffrey B. Carr, at Mr. Carr's business address. Within three (3) business days of the issuance of the checks, Tyson shall submit a copy of the checks and related correspondence to the United States Equal Employment Opportunity Commission, Regional Attorney, Birmingham District Office, ] ]30 22nd Street South, Suite 2000, Birmingham, Alabama, 35205-2886.
OTHER RELIEF 5. Defendant represents that it has instituted and will continue to carry out policies and practices and bilingual employee orientation and training at its Albertville, Alabama facility that help assure a work environment free from sex-based discrimination, harassment and retaliation for its employees; that allow employees to raise concerns or complaints without retaliation about matters, whether alleged, perceived or actual, made unlawful by Title VII; and that provide procedures for employees to report incidents of sex-based discrimination, and harassment. 6. Defendant has represented that its current written policies include, and will continue to include, at a minimum: a. A clear and strong commitment to a workplace free of sex-based discrimination, harassment and retaliation;
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b. A clear and strong message of encouragement to persons who believe they have been discriminated against to come forward
c. A description of the consequences, up to and including termination, that will be imposed upon violators of the policy
d. An assurance of non-retaliation for persons who believe they have been discriminated against and for witnesses;
e. That discrimination on the basis of sex by anyone, including management officials, supervisors, vendors, suppliers, third parties and customers, is prohibited and wil1 not be tolerated;
f. The identification of specific alternative individuals, including managers with their telephone numbers, to whom employees who have been subjected to sex-based discrimination, harassment or retaliation can report the discrimination and who have the authority to investigate allegations of discrimination in a neutral and confidential manner;
g. A written statement that an employee may report the harassment to a designated person outside of his or her chain of management should the employee prefer to do so;
h. Assurances that Defendant will investigate allegations of sex-based discrimination, harassment and retaliation promptly, fairly, reasonably, effectively and as confidentially as possible under the circumstances, by appropriate investigators and that appropriate corrective action and appropriate follow-up will be taken by Defendant to make victims whole and to eradicate the discrimination; and
1. Information regarding the employee's right to file a charge of discrimination with the EEOC, including contact telephone numbers, TOY(rOO and addresses for the EEOC.
7. Within sixty (60) days following the date of entry of this Decree, Defendant will provide additional training at its Albertville, Alabama facility to Albertville, Alabama Human Resource managers and all managers who may investigate employee complaints at Defendant's Albertville, Alabama both specific to the allegations in this
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matter and generally, which shall explain:( 1) what constitutes sex-based discrimination, retaliation, and harassment; (2) that Title VII prohibits this misconduct; (3) how to prevent this misconduct; (4) to whom employees may complain if they feel they have been subjected to this misconduct; and (5) that managers will be evaluated on their enforcement of Tyson's anti-discrimination policies. This training will also include an explanation of Tyson's policies regarding sex-based discrimination, harassment and retaliation; the importance of maintaining an environment free from harassment; and the discipline that may be taken against other employees and the managers or supervisors who are found to have allowed the harassment or retaliation to occur. Pursuant to this Decree, Tyson will also conduct this specific training on two more occasions; the second session will be in months 12-13 of the Decree and the third session will be in month 24 of the Decree. The following subparagraphs refer to each of the three training periods.
a. The training session shall be at least three (3) hours in length, plus an additional thirty (30) minutes for questions and answers. Defendant's Albertville, Alabama Human Resource managers and all managers who may investigate employee complaints at Defendant's Albertville, Alabama facility shall attend the training session. The referenced employees who are unable to attend the training session may watch a videotape of it.
b. Employees shall SIgn a registry when they attend the training seSSIOn or watch the videotape of the training session. Defendant shall keep, for the duration of the Decree, this written record of all employees who attend the training session or watch it on videotape.
c. Tyson will confirm in wntmg to the EEOC Regional Attorney that this additional training has been completed in full compliance with the terms of this Decree. Within ten (10) days following its receipt, EEOC will confirm that this training requirement has been met or provide specific comments about how the training is not in compliance with the Decree. The parties would communicate to resolve any disputed issues on this training or, ifnecessary, have the court resolve the matter.
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Case 4:05-cv-01090-CLS Document 15 Filed 05/16/2006 Page 6 of 10

8. Tyson represents that its EEO policies are and shall continue to be posted in a prominent location, frequented by employees, at Defendant's facility in Albertville, Alabama. These policies shall also be distributed to each current employee at the Albertville, Alabama facility within thirty (30) days of the entry of the Decree, and distributed to all new employees at the Albertville; Alabama facility when hired.
9. Defendant shall promptly and appropriately investigate all complaints of sex-based discrimination, harassment or retaliation. The investigation must include a finding of whether discrimination occurred; a credibility assessment; interviews of all potential victims and witnesses identified; and concurrent notes of the investigation. Defendant shall take immediate appropriate corrective action to make discrimination victims whole, to discipline violators, and to eradicate the discrimination. Defendant, if corrective action was required as a result of the investigation, shall follow up with complainants at appropriate intervals to ensure that the harassment, discrimination or retaliation does not reoccur.

NOTICE

10. Defendant will post the Notice attached as Attachment A at each of

Defendant's facilities in Alabama. The Notice will be posted in an appropriate place

frequented by employees, for the duration of this Decree. The Notice, which shall be

posted in both English and Spanish, shall be the same type, size, and style as Attachment

A.

11. The parties shall bear their own attorneys' fees and costs incurred in this

action up to the date of entry of this Decree.

FORCE AND EFFECT

12.

The duration of this Decree shall be twenty-four (24) months from its

entry. This Court shall retain jurisdiction over this action for the duration of the Decree,

during which the Commission may petition this Court for compliance with this Decree.

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Case 4:05-cv-01090-CLS Document 15 Filed 05/16/2006 Page 7 of 10

Should the Court determine that defendant has not complied with this Decree, appropriate relief, including extension of this Decree for such period as may be necessary to remedy its non-compliance, may be ordered. Absent extension, this Decree shall expire by its own terms at the end of twenty-four (24) months from the date of entry, without further action by the Parties.
13. The parties agree to the entry of this Decree subject to tinal approval by the Court.
APPROVED AND CONSENTED TO BY:

Tyson Foods, Inc.

Attorney for Defendant DAVID M. SMITH Maynard, Cooper & Gale, P.C, 1901 6th Avenue North, Suite 2400 Birmingham, AL 35203-2618 Telephone: (205) 254-1059 Facsimile: (205) 254-1999

Attorney10r PIa' iff-
JEfr-RB.y~B:
P. O. Box 248 Guntersville, Alabama 35976
Telep~ne~~

C. EMANUEL SMITH

. g'\ .1j±\" Regional Attorney

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Supervisory Trial Attorney

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Case 4:05-cv-01090-CLS Document 15 Filed 05/16/2006 Page 8 of 10
MASON D. BARRETT Senior Trial Attorney EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Binningham District Office 1130 22nd Street South, Suite 2000 Binningham, AL 35205-2886 Telephone: (205) 212-2047 Attorneys for Plaintiff EEOC
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Case 4:05-cv-01090-CLS Document 15 Filed 05/16/2006 Page 9 of 10
ATTACHMENT A
NOTICE TO ALL EMPLOYEES OF TYSON FOODS, INC.
It is unlawful under federal law, Title VII of the Civil Rights Act and state law to discriminate against an employee on the basis of sex, including sexual harassment, in the recruitment, hiring, firing, compensation, assignment, or other terms, and conditions or privileges of employment. Sexual harassment includes unwelcome or offensive sexual advances or touching, requests for sexual favors, or other verbal or physical conduct directed at a person because of her/his sex. It is also unlawful to retaliate against any person because the person protested discriminatory practices or contacted the EEOC.
Tyson shall not discriminate against any employee on the basis of sex, including sexual harassment, and shall not retaliate against any employee for complaining about sexual discrimination or harassment.
If you believe you have been discriminated against or sexually harassed Tyson encourages you to report any concerns of harassment, discrimination or retaliation to any management official.
You also have a right to seek assistance from:
(l) Equal Employment Opportunity Commission 1130 22ND Street South, Suite 2000 Birmingham, Alabama 35205-2886 Telephone: (205) 212-2148 TTY: (205) 212-2112 Website (national): www.eeoc.gov
1

Case 4:05-cv-01090-CLS Document 15 Filed 05/16/2006 Page 10 of 10
You have the right to file a charge with the EEOC if you believe you are being discriminated against, retaliated against or sexually harassed.
No Retaliation Clause. It is against the law for any action to be taken against you by any supervisory or management official of Tyson for: (1) opposing sexual harassment or other discriminatory practices made unlawful by federal or state law; (2) filing a charge or assisting or participating in he filing of a charge of discrimination; or (3) assisting or participating in an investigation or proceeding brought under Title VII. Should any such retaliatory actions be taken against you, you should immediately contact the EEOC at the addresses or telephone numbers listed above.

 
 CM/ECF - U.S. District Court Northern District of Alabama - Docket R... https://ecf.alnd.uscourts.gov/cgi-bin/DktRpt.pl?926818737640855-L_9...

U.S. District Court Northern District of Alabama (Middle) CIVIL DOCKET FOR CASE #: 4:05-cv-01090-CLS

CLOSED

Equal Employment Opportunity Commission v. Tyson Foods Inc Date Filed: 05/26/2005

Assigned to: Judge C Lynwood Smith, Jr

Jury Demand: Plaintiff

Cause: 42:2000 Job Discrimination (Sex)

Nature of Suit: 442 Civil Rights: Jobs

Jurisdiction: U.S. Government Plaintiff

Plaintiff
Equal Employment Opportunity Commission

represented by Charles Guerrier EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Ridge Park Place, Suite 2000 1130 22nd Street South Birmingham, AL 35205 205-212-2044 Fax: 205-212-2041 Email: charles.guerrier@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Eric S Dreiband EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 1801 L Street NW Washington, DC 20507 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Gwendolyn Young Reams EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 1801 L Street NW Washington, DC 20507 LEAD ATTORNEY ATTORNEY TO BE NOTICED

James Lee EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 1801 L Street NW Washington, DC 20507 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Mason D Barrett

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CM/ECF - U.S. District Court Northern District of Alabama - Docket R... https://ecf.alnd.uscourts.gov/cgi-bin/DktRpt.pl?926818737640855-L_9...

V. Intervenor Plaintiff Sheena Cranford

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Ridge Park Place, Suite 2000 1130 22nd Street, South Birmingham, AL 35205 212-2047 Fax: 212-2041 Email: mason.barrett@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED
Prisca M DeLeonardo EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Ridge Park Place, Suite 2000 1130 22nd Street, South Birmingham, AL 35205 205-212-2048 Fax: 205-212-2041 Email: prisca.deleonardo@eeoc.gov TERMINATED: 12/01/2005 LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Sheena Cranford Law Offices of Jeffrey B. Carr, LLC 400 Gunter Avenue Post Office Box 248 Guntersville, Al 35976 (256) 582-3003 Fax: (256) 571-9232 Email: carr1013@charter.net PRO SE

V. Defendant Tyson Foods Inc

represented by David M Smith MAYNARD COOPER & GALE PC 2400 AmSouth/Harbert Plaza 1901 Sixth Avenue North Birmingham, AL 35203-2618 205-254-1059 Fax: 205-254-1999 Email: dsmith@maynardcooper.com LEAD ATTORNEY

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CM/ECF - U.S. District Court Northern District of Alabama - Docket R... https://ecf.alnd.uscourts.gov/cgi-bin/DktRpt.pl?926818737640855-L_9...

ATTORNEY TO BE NOTICED
Janell M Ahnert MAYNARD COOPER & GALE PC 1901 6th Avenue North Birmingham, AL 35203-2618 254-1000 Email: jahnert@maynardcooper.com ATTORNEY TO BE NOTICED

Date Filed 05/26/2005 08/29/2005 08/29/2005 09/20/2005 09/23/2005 09/23/2005
10/05/2005 10/05/2005 10/14/2005
11/07/2005
11/10/2005 11/15/2005 11/19/2005

#

Docket Text

1 COMPLAINT with jury demand against Tyson Foods Inc filed by Equal Employment Opportunity Commission.(SPT) (Entered: 05/27/2005)
2 ANSWER to Complaint by Tyson Foods Inc.(Ahnert, Janell) (Entered: 08/29/2005)
3 Corporate Disclosure Statement by Tyson Foods Inc. (Ahnert, Janell) (Entered: 08/29/2005)
4 REPORT of Rule 26(f) Planning Meeting. (Smith, David) (Entered: 09/20/2005)
5 UNIFORM INITIAL ORDER - with appendices attached. Signed by Judge C Lynwood Smith Jr on 09/23/05. (LCW, ) (Entered: 09/23/2005)
6 SCHEDULING ORDER: Discovery due by 5/1/2006. Motions due by 6/1/2006. Trial ready by August, 2006. Signed by Judge C Lynwood Smith Jr on 05-1090. (MNH, ) (Entered: 09/23/2005)
7 MOTION to Intervene as a Plaintiff by Sheena Cranford. (Carr, Jeffrey) (Entered: 10/05/2005)
8 Intervenor COMPLAINT against Tyson Foods, Inc., filed by Sheena Cranford.(Carr, Jeffrey) (Entered: 10/05/2005)
9 NOTICE by Equal Employment Opportunity Commission Charge of Discrimination and EEOC Letter of Determination (Barrett, Mason) (Entered: 10/14/2005)
ORDER setting motion deadline. This action is before the court on petition by Sheena Crawford to intervene in this action (doc. no. 7). Plaintiff and defendant shall respond on or before November 15, 2005. Signed by Judge C Lynwood Smith Jr on 11/07/2005. (UPO) (Entered: 11/07/2005)
10 RESPONSE in Support re 7 MOTION to Intervene as a Plaintiff filed by Equal Employment Opportunity Commission. (Barrett, Mason) (Entered: 11/10/2005)
11 RESPONSE to re 7 Petition to Intervene filed by Tyson Foods Inc. (Ahnert, Janell) (Entered: 11/15/2005)
ORDER granting 7 Motion to Intervene. Signed by Judge C Lynwood Smith Jr on 11/19/2005.(UPO) (Entered: 11/19/2005)

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11/28/2005 12/01/2005 05/12/2006 05/16/2006
05/16/2006

12 MOTION to Withdraw as Attorney by Equal Employment Opportunity Commission. (DeLeonardo, Prisca) (Entered: 11/28/2005)
ORDER granting 12 Motion to Withdraw as Attorney. Attorney Prisca M DeLeonardo terminated. Signed by Judge C Lynwood Smith Jr on 12/01/2005. (UPO) (Entered: 12/01/2005)
13 MOTION to Approve Consent Judgment by Equal Employment Opportunity Commission. (Attachments: # 1 Consent Decree)(Barrett, Mason) (Entered: 05/12/2006)
14 FINAL JUDGMENT ORDER Entering Consent Decree; Consent Decree is adopted as the Judgment of this Court; Costs are taxed as paid; as more fully set out in order. Signed by Judge C Lynwood Smith Jr on 5/16/2006. (AHI) (Entered: 05/16/2006)
15 CONSENT DECREE adopted as the Judgment of the Court in document # 14 Final Judgment Order Entering Consent Decree as more fully set forth in the attached. (AHI) (Entered: 05/16/2006)

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