Case 3:04-cv-00015-KC Document 1 Filed 01/15/2004 Page 1 of 5

JUDGE KATHLEEN CARDONE

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS
EL PASO DNISION

EQUAL EMPLOYMENT OPPORTUNITY )

COMMISSION,

)

)

Plaintiff,

)

)

v.

)

)

GRAND CHINA BUFFET, INC. d/b/a

)

THE GRAND CHINA BUFFET,

)

)

Defendant.

)

--------------------------)

CNIL ACTION NO. _ __ COMPLAINT Jury Trial Demand

NATURE OF THE ACTION

This is an action under Title VII of the Civil Rights Act of 1964, as amended, and Title I of

the Civil Rights Act of 1991 to correct unlawful employment practices on the basis of gender, race,

and national origin, and to provide appropriate relief to Sonia Ramirez, Michelle Camacho, and a

class of non-Asian, Hispanic women, who were adversely affected by such practices. The Equal

Employment Opportunity Commission (the "Commission") alleges that Defendant, Grand China

Buffet, Inc. d/b/a The Grand China Buffet ("Grand China"), engaged in discriminatory employment

practices when it subjected Sonia Ramirez, Michelle Camacho, and a class of non-Asian, Hispanic

women, to sexual harassment, in violation ofSection 703(a) ofTitle VII, and when it constructively

discharged Sonia Ramirez, Michelle Camacho, and a class ofnon-Asian, Hispanic women, because

oftheir race, national origin, and gender, in violation of Section 703(a) of Title VII.

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(f)(1) and (3) of Title Vil of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e-5(f)(1) and (3) ("Title Villi) and

Section 102 ofthe Civil Rights Act of 1991,42 U.S.C. § 1981a. 2. The employment practices alleged to be unlawful were committed within the
jurisdiction ofthe United States District Court for the Western District of Texas, EI Paso Division.

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Case 3:04-cv-00015-KC Document 1 Filed 01/15/2004 Page 2 of 5
PARTIES 3. Plaintiff, the Commission, is the agency ofthe United States ofAmerica charged with the administration, interpretation and enforcement of Title VII, and is expressly authorized to bring this action by Section 706 (t) (1) and (3) of Title VII, 42 U.S.C. § 2000e-5 (t) (1) and (3). 4. At all relevant times, Defendant, Grand China (the "Employer"), has continuously been a Texas Corporation doing business in the State of Texas and the City of EI Paso, and has continuously had at least 15 employees. 5. At all relevant times, Defendant Employer has continuously been an employer engaged in an industry affecting commerce within the meaning of Sections 701(b), (g) and (h) of Title VII, 42 U.S.c. §§ 2000e(b), (g) and (h).
STATEMENT OF CLAIMS 6. More than thirty days prior to the institution of this lawsuit, Sonia Ramirez and Michelle Camacho each filed a charge with the Commission alleging violations of Title VII by Defendant Employer. All conditions precedent to the institution ofthis lawsuit have been fulfilled. 7. Since at least June, 2002, Defendant Employer has engaged in unlawful employment practices at its restaurant located at 9505B Viscount, in EI Paso, Texas, in violation of Section 703(a)(l) ofTitle VII, 42 U.S.C. §2000e-2(a)(l). More specifically, Defendant Employer employed Sonia Ramirez, Michelle Camacho, and a class of non-Asian, Hispanic women, as hostesses at its restaurant located at 9505B Viscount in EI Paso, Texas, and
a. Since at least June, 2002, Defendant Employer subjected Sonia Ramirez, Michelle Camacho, and a class of non-Asian, Hispanic women, to a hostile work environment, when it subjected them to regular, sexual harassment of a verbal nature, including but not limited to, sexual comments and propositions, and to sexual harassment of a physical nature; and
b. Since at least September, 2002, Defendant Employer constructively discharged Sonia Ramirez, Michelle Camacho, and a class of non-Asian,
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Case 3:04-cv-00015-KC Document 1 Filed 01/15/2004 Page 3 of 5
Hispanic women, because of their race, national origin, and gender. 8. The effect of the practices complained of in paragraph seven above has been to deprive Sonia Ramirez, Michelle Camacho, and a class of non-Asian, Hispanic women, of equal employment opportunities and to otherwise adversely affect their status as employees, because of their race, national origin, and gender. 9. The unlawful employment practices complained of in paragraph seven above were intentional. 10. The unlawful employment practices complained of in paragraph seven above were done with malice or with reckless indifference to the federally protected rights of Sonia Ramirez, Michelle Camacho, and a class of non-Asian, Hispanic women.
PRAYER FOR RELIEF Wherefore, the Commission respectfully requests that this Court: A. Grant a permanent injunction enjoining Defendant Employer, its officers, successors, assigns, and all persons in active concert or participation with it, from subjecting Defendant Employer's female employees to a sexually hostile work environment, from constructively discharging their female employees, because of their gender, and from engaging in any other employment practice which discriminates on the basis of gender, race and/or national origin; B. Order Defendant Employer to institute and carry out policies, practices, and programs which provide equal emp loyment opportunities for non-Asian, Hispanic women, and which eradicate the effects of its past and present unlawful employment practices; C. Order Defendant Employer to make whole Sonia Ramirez, Michelle Camacho, and a class of non-Asian, Hispanic women, by providing them with appropriate backpay with prejudgment interest, in amounts to be determined at trial, and other affirmative relief necessary to eradicate the effects ofits unlawful employment practices, includingbut not limited to, reinstatement and/or frontpay of Sonia Ramirez, Michelle Camacho, and a class of non-Asian, Hispanic women; D. Order Defendant Employer to make whole Sonia Ramirez, Michelle Camacho, and
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a class of non-Asian, Hispanic women, by providing compensation for their past and future pecuniary losses resulting from the unlawful employment practices described in paragraph seven above, including but not limited to, relocation expenses,job search expenses, and medical expenses, in amounts to be determined at trial;
E. Order Defendant Employer to make whole Sonia Ramirez, Michelle Camacho, and a class of non-Asian, Hispanic women, by providing compensation for their past and future nonpecuniary losses resulting from the unlawful employment practices complained ofin paragraph seven above, including but not limited to, emotional pain, suffering, inconvenience, loss of enjoyment of life, and humiliation, in amounts to determined at trial;
F. Order Defendant Employer to pay Sonia Ramirez, Michelle Camacho, and a class of non-Asian, Hispanic women punitive damages for its malicious and reckless conduct toward them, described in paragraph seven above, in amounts to be determined at trial;
G. Grant such further relief as the Court deems necessary and proper in the public interest; and
H. Award the Commission its costs of this action. JURy TRIAL DEMAND
The Commission requests a jury trial on all questions of fact raised by its complaint.
Respectfully submitted, ERIC S. DREIBAND General Counsel JAMESL. LEE Deputy General Counsel GWENDOLYN YOUNG REAMS Associate General Counsel
R1OUBEuR.T tB.1HjA.R~WIN'1. ~
Regional Attorney District of Columbia Bar No. 076083
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Case 3:04-cv-00015-KC Document 1 Filed 01/15/2004 Page 5 of 5
-ir" "'it ~ ~ ITH,Gh. .TA OR
Supervisory Trial Attorney Texas State Bar No. 19708300
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION EI Paso Area Office 300 E. Main Dr., Suite 500 EI Paso, Texas 79901
Telephone: (915) 534-6676 Facsimile: (915) 534-6701 ATTORNEYS FOR PLAINTIFF
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 Case 3:04-cv-00015-KC Document 7 Filed 08/04/2004 Page 1 of 7

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STATES DISTRICT COURT

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FILED

Plaintiff, v.
GRAND CHINA BUFFET, INC. d/b/a THE GRAND CHINA BUFFET,
Defendant.

) )
) CIVIL ACTION NO. EP-04-CA-001S-KC )
) ) ) )

CONSENT DECREE The parties to this Consent Decree are the Plaintiff, United States Equal Employment Opportunity Commission ("EEOC") and Defendant, Grand China Buffet, Inc. d/b/a The Grand China Buffet ("Grand China"). This Consent Decree resolves the above-referenced Civil Action No. EP-04-CA-001S-KC. The EEOC initiated this lawsuit under Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. §§2000e, et seq. ("Title VII") and Title I of the Civil Rights Act of 1991,42 U.S.C. § 1981a. Plaintiff s Complaint in this lawsuit asserts unlawful employment practices on the basis of gender, race, and national origin, and seeks to provide relief to Sonia Ramirez, Michelle Camacho, and a class of non-Asian, Hispanic women who were adversely affected by those practices. Ms. Ramirez and Ms. Camacho are non-Asian, Hispanic females, and Plaintiff EEOC alleges, in the Complaint, that a class of non-Asian, Hispanic females, which included them, was subjected to discrimination, in violation of Title VII, when Ms. Camacho, Ms. Ramirez, and other members of the class, were sexually harassed and constructively discharged, because of

Case 3:04-cv-00015-KC Document 7 Filed 08/04/2004 Page 2 of 7
their gender, their race, and their national origin. Defendant Grand China denies the allegations contained in the EEOC's Complaint, and by entering into this Consent Decree, the Defendant does not admit that it has engaged in sexual harassment or has in any other way violated the law.
The EEOC and Grand China wish to settle this Action, without the necessity of further litigation, pursuant to the terms delineated in this Decree.
IT IS ORDERED, ADJUDGED AND DECREED as follows: 1. This Court has jurisdiction of the subject matter of this action and the parties, venue is proper, and all administrative prerequisites to the filing ofthis action have been met. The Complaint states claims on behalf of Sonia Ramirez, Michelle Camacho, and a class of nonAsian, Hispanic females which, if proved, would authorize this Court to grant relief against Grand China, pursuant to Title VII. 2. This Consent Decree resolves all issues raised in EEOC's Complaint in this case. EEOC waives further litigation of all issues raised in the above-referenced Complaint. EEOC expressly reserves its right, however, to process and litigate any other charges which may now be pending or may in the future be filed against Grand China. 3. The duration of this Consent Decree shall be one year from the date of its filing with the Court. This Court shall retain jurisdiction of this action during the period of this Consent Decree and may enter such other and further relief as it deems appropriate to ensure implementation and enforcement of its provisions. Any violation of the Consent Decree by Grand China, or its agents or assigns, shall toll the running of this one year period as of the date of the violation. If the Court subsequently determines this Consent Decree was violated, the one year period shall recommence and continue from the date of entry of an Order setting out such a
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violation or until such time as ordered by the Court. Should the Court find this Consent Decree was not violated, the one year period shall recommence, retroactive to the date of the filing of the pleading alleging that a violation had occurred.
4. Grand China, in settlement of this dispute, shall pay Michelle Camacho the sum total of$6,000, and shall pay to Sonia Ramirez the sum total of $6,000. The payment to Ms. Camacho shall be sent directly to her at 913 Palma Sola Drive, EI Paso, IX 79907. The payment to Ms. Ramirez shall be sent directly to her at 8573 Delfina, EI Paso, TX 79907. A copy of each settlement check and any accompanying transmittal documents shall be forwarded to the EEOC to the attention of Robert B. Harwin, Regional Attorney, 5410 Fredericksburg Road, Suite 200, San Antonio, TX 78229.
5. Grand China shall provide positive employment references for Sonia Ramirez, Michelle Camacho, and every other class member specified by Plaintiff EEOC, and in giving employment references regarding class members, Grand China shall make no mention of the filing of the Complaint, or the underlying charges of discrimination filed by Ms. Ramirez and Ms. Camacho.
6. Grand China shall expunge the personnel files of Sonia Ramirez, Michelle Camacho, and every other class member, of any and all documents specified by the EEOC after its review of those files.
7. Grand China, its agents, officers, employees, servants, successors, and assigns, are enjoined, during the term of this Consent Decree, from discriminating against any employee on the basis of gender, race, or national origin. The conduct enjoined includes allowing any of its employees to be subjected to a sexually hostile work environment, and/or constructively
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discharging any of its Hispanic, non-Asian, female employees, because of their gender, race, andlor national origin.
8. Grand China, its agents, officers, employees, servants, successors, and assigns, are also enjoined, during the term of this Consent Decree, from retaliating in any manner whatsoever against Sonia Ramirez, Michelle Camacho, andlor any other past, present, or future employee, who opposes any employment practice which she reasonably believes to be unlawful, pursuant to Title VII, or who files a discrimination charge, gives testimony or assistance, or participates in any manner in any investigation, proceeding, hearing or action under Title VII.
9. Grand China shall provide its employees with a place of employment free of discrimination on the basis of gender, race, and national origin.
10. Grand China shall post a notice regarding its practices, policies, and intent not to discriminate against any employee in violation of Title VII. Such notice shall be as set forth in Exhibit "A", which is attached to this Consent Decree. A copy of Exhibit "A" shall be posted, in English, and in the primary language of the majority of Grand China employees, on all employee bulletin boards, and other areas where employees are likely to congregate. The notice shall be posted within 10 days of the filing date of the Consent Decree, and shall remain posted for the duration of this Consent Decree.
11. Within ten days of the filing date of this Consent Decree, Grand China will provide each of its employees with a copy of Exhibit "A", either in English, or in their primary language, requesting that each employee sign and return an acknowledgment signifying that they have received and understand said notice. During the term of this Consent Decree, Grand China will maintain each such acknowledgment for every one of its employees. In order to comply
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with this requirement, as new employees are hired, they will be provided with a copy of Exhibit "A", either in English, or in their primary language, and will be required to sign and return an acknowledgment signifying that they have received and understand said notice.
12. Within thirty days of the entry of this Consent Decree, Grand China shall create and disseminate to all employees a written anti-sexual harassment policy. That policy will, at a minimum, define sexual harassment, explain the complaint mechanism which is available to any employee who believes she is being sexually harassed, and contain a "safety valve", meaning that, if, in the future, an employee of Grand China believes that she is being sexually harassed by one of Grand China's owners, she will have the ability, pursuant to the written anti-sexual harassment policy, to complain to someone other than those owners, themselves, and/or their wives, and meaning that the person who is designated, pursuant to the written anti-sexual harassment policy, to receive employee complaints, will have the ability and the authority to investigate those complaints, and rectify any sexual harassment which this investigation reveals, even ifit is one of Grand China's owners who has caused, or contributed to, the sexual harassment.
13. During the term of this Consent Decree, Grand China will provide every new employee with a copy of the aforementioned written sexual harassment policy, before each such employee actually starts working for Grand China.
14. To further the ends of this Consent Decree, within ninety (90) days of the entry of this Decree, all of Grand China's shareholders and their wives, and every Grand China employee shall participate in equal employment opportunity training of at least four hours provided by Thomas A. Spieczny. This training shall: (a) explain the law relating to discrimination in
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employment based on gender, including but not limited to, sexual harassment and sexually hostile working environments; (b) explain the law relating to discrimination under Title VII more generally, including but not limited to, race discrimination, national origin discrimination, and constructive discharges; and (c) explain the damaging effects of discrimination based on gender, national origin, and race to victims, their families, their co-workers, and the workplace environment. In addition, the training shall teach non-discriminatory work and management techniques when interfacing or interacting with other employees, and the responsibilities of supervisory employees and human resources personnel to provide prompt and effective relief to individuals who complain of discrimination based on sexual harassment.
15. The EEOC shall have the right to ensure compliance with the terms of this Consent Decree and may: (a) conduct inspections of any of Grand China's facilities; (b) interview employees of Grand China; and (c) examine and copy relevant documents.
16. The terms of this Consent Decree shall be binding upon the EEOC and Grand China, their agents, officers, employees, servants, successors, and assigns, as to the issues resolved herein.
17. Each party shall bear its own costs, including attorney's fees incurred in this action.
18. The parties agree that there is no prevailing party in this action or proceeding. The Clerk shall furnish a copy hereof to each attorney of record.
SO ORDERED. Signed this ~1Ii{0f-.J~~~'2-_:
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~~I~ Attorney Texas State Bar No. 18933100 210 N. Campbell El Paso, TX 79901 Tel: (915) 533-5581 Fax:(915) 532-1515
ATTORNEY FOR DEFENDANT

Respectfully submitted,

ERIC S. DREIBAND General Counsel

JAMES L.LEE Deputy General Counsel

GWENDOLYN YOUNG REAMS Associate General Counsel

t~ ROBERT

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B.

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Regional Attorney

D.C. State Bar No. 0760873

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Supervisory Trial Attorney Texas State Bar No. 19708300
~«~~

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
El Paso Area Office 300 E. Main, Suite 500 El Paso, Texas 79901
Tel: (915) 534-6676 Fax: (915) 534-6701
ATTORNEYS FOR PLAINTIFF

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

https://ecf.txwd.uscourts.gov/cgi-bin/DktRpt.pl?886425266055941-L_3...

U.S. District Court [LIVE] Western District of Texas (El Paso) CIVIL DOCKET FOR CASE #: 3:04-cv-00015-KC

CLOSED

Equal Employment v. Grand China Buffet Assigned to: Honorable Kathleen Cardone Demand: $0 Cause: 42:2000e Job Discrimination (Employment)

Date Filed: 01/15/2004 Date Terminated: 08/05/2004 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

Plaintiff
Equal Employment Opportunity Commission

represented by Judith G. Taylor U.S. EEOC San Antonio District Office 5410 Fredricksburg Rd. Suite 200 San Antonio, TX 78229-3555 (210) 281-7637 Fax: 210/281-7669 Email: judith.taylor@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Leticia Dominguez Equal Employment Opportunity Commission 300 E. Main Suite 500 El Paso, TX 79901 (915) 534-6676 Fax: 915/534-6701 Email: Tisha.Dominguez@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

V.
Defendant
Grand China Buffet, Inc. doing business as The Grand China Buffet

represented by Thomas A. Spieczny Attorney at Law 210 North Campbell El Paso, TX 79901 (915) 533-5581 Fax: 915/532-2041 Email: spieczny@whc.net

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LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed 01/15/2004 01/15/2004 01/15/2004 01/15/2004 01/23/2004 01/30/2004 04/01/2004 04/08/2004
08/03/2004 08/04/2004 08/05/2004 08/05/2004

#

Docket Text

Case assigned to Judge Kathleen Cardone (rc) (Entered: 01/16/2004)
1 Complaint filed. (Pages: 5) (rc) (Entered: 01/16/2004)
No filing fee required for the Equal Employment Opportunity Commission Federal Agency (rc) (Entered: 01/16/2004)
Judge Cardone's standing order packet mailed to attorney. (rc) (Entered: 01/16/2004)
2 Answer by Grand China Buffet (aq) (Entered: 01/23/2004)
3 Notice of filing by Grand China Buffet, Waiver of Summons (aq) (Entered: 01/30/2004)
4 Notice of filing by Equal Employment, Grand China Buffet, Report of Parties' Planning Meeting (aq) (Entered: 04/02/2004)
5 Scheduling order setting Joining of parties, amending of pleadings on 7/1/04 Deadline for filing of all motions 10/15/04 Discovery cutoff 9/15/04 , termed motions signed by Judge Kathleen Cardone (aq) (Entered: 04/12/2004)
6 Joint Motion by Equal Employment, Grand China Buffet for Entry of Consent Decree (aq) (Entered: 08/03/2004)
7 Consent Decree signed by Judge Kathleen Cardone (Pages: 9) (aq) (Entered: 08/05/2004)
8 Order granting motion for Entry of Consent Decree [6-1] signed by Judge Kathleen Cardone (aq) (Entered: 08/05/2004)
Case closed (aq) (Entered: 08/05/2004)

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