Case 5:01-cv-00271-DF Document 1 Filed 09/28/2001 Page 1 of 5
ORIGINAL
IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS TEXARKANA DIVISION

EQUAL EMPLOYMENT OPPORTUNITY

}

COMMISSION,

}

}

Plaintiff,

}

}

v.

}

}

WFC LIMITED PARTNERSHIP d/b/a/

}

WORLD FINANCE CORPORATION,

}

}

Defendant.

}

---------------------------------}

CIVIL ACTION NO.
fi'OICIIJ-7!
COMPLAINT
JURY TRIAL DEMAND

NATURE OF THE ACTION This is an action under Title VII of the Civil Rights Act of 1964, and Title I of the Civil Rights Act of 1991, to correct unlawful employment practices including discrimination on the basis ofrace, on the basis ofinterracial association and on the basis ofsex (female). This action is brought under Title VII to provide appropriate relief to Tonia Duffee and Will Evans. The EEOC alleges that the Defendant, WFC Limited Partnership, d/b/a World Finance Corporation (World or Defendant), violated Title VII when it subjected Tonia Duffee, a Caucasian female, and Will Evans, an African American male, to discrimination because of race, because of their association with each other, and because of Duffee's sex. As a result of the unlawful employment practices stated herein, Duffee and Evans were subjected to unequal terms and conditions of employment, and were terminated from their positions.

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JURISDICTION AND VENUE l. Jurisdiction ofthis Court is invoked pursuant to 28 US.c. §§ 451, 1331, 1337, 1343, and 1345. This action is authorized and instituted pursuant to §§ 706(£)(1) & (3) of Title VII ofthe Civil Rights Act of 1964, as amended, ("Title VII"), 42 US.C. § 2000e-5 (£)(1) & (3) and Section 102 of the Civil Rights Act of 1991,42 U.S.c. §1981A. The employment practices alleged to be unlawful were and are now being committed within the jurisdiction of the United States District Court for the Eastern District of Texas.
PARTIES 2. Plaintiff, Equal Employment Opportunity 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(£)(1) & (3) of Title VII, 42 US.c. § 2000e 5(£)(1) & (3). 3. At all relevant times, Defendant has continuously been and is now doing business in the State of Texas and has continuously had at least fifteen employees. 4. At all relevant times, Defendant has continuously been an employer engaged in an industry affecting commerce within the meaning of Section 701 (b), (g) and (h) of Title VII, 42 US.C. § 2000e- (b), (g) and (h).
STATEMENT OF CLAIMS 5. More than thirty days prior to the institution of this lawsuit, Tonia Duffee and Will Evans filed charges of discrimination with the Commission alleging violations of Title VII by the Defendant. All conditions precedent to the institution of this lawsuit have been fulfilled.
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6. During the employment of Tonia Duffee and Will Evans, the Defendant engaged in unlawful employment practices in violation of Section 703 (a)(1 ) of Title VII, 42 U.S.c. § 2000e2(a)( 1), by subj ecting Tonia Duffee and Will Evans to unequal terms and conditions ofemployment because of their respective races and their interracial association and because of Duffee's sex. Specifically, World unlawfully terminated Duffee and Evans because of allegations that they had a consensual romantic relationship with one another.
7. The practices complained of above were intentional and designed to deprive Tonia Duffee and Will Evans ofequal employment opportunities and otherwise adversely affect their status as employees.
8. The unlawful employment practices complained of above were committed with malice or with reckless indifference to the federally protected rights ofTonia Duffee and Will Evans.
PRAYER FOR RELIEF Wherefore, the Commission respectfully requests that the Court: A. Grant a permanent injunction enjoining the Defendant, World, 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 race, on the basis of interracial association and on the basis of sex. B. Order the Defendant to institute and carry out policies, practices, and programs which provide equal employment opportunities for Tonia Duffee, Will Evans and other employees and which eradicate the effects of its past and present unlawful employment practices. C. Order the Defendant to make whole Tonia Duffee and Will Evans by providing
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appropriate back pay with prejudgment interest, in amounts to be proved at trial, and other affirmative relief necessary to eradicate the effects of Defendant's unlawful employment practices, including but not limited to rightful-place reinstatement or front pay in lieu of reinstatement.
D. Order the Defendant to make whole Tonia Duffee and Will Evans by providing compensation for past and future pecuniary losses resulting from the unlawful employment practices described above in paragraphs 6, including, but not limited to lost wages, relocation expenses, job search expenses and other benefits in amounts to be determined at trial.
E. Order the Defendant to make whole Tonia Duffee and Will Evans by providing compensation for past and future non-pecuniary losses resulting from the unlawful employment practices described above in Paragraph 6, including, but not limited to emotional pain, suffering, anxiety, loss of enjoyment of life, humiliation, and inconvenience, in amounts to be determined at trial.
F. Order the Defendant to pay Tonia Duffee and Will Evans punitive damages for its malice or reckless indifference to Duffee's and Evans's federally protected rights described above in paragraphs 7 and 8, in amounts to be determined at trial.
G. Grant such further relief as the Court deems necessary and proper. 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.
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JURY TRIAL DEMANDED

Respectfully Submitted:
NICHOLAS M. INZEO Acting Deputy General Counsel
TOBY W. COSTAS Acting Regional Attorney Texas State Bar No. 04855720
SUZANNE M. ANDERSON Supervisory Trial Attorney Texas Bar No. 14009470
KERI L. MALLON Trial Attorney Colorado Bar No. 27392
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Dallas District Office 207 South Houston, 3rd Floor Dallas, Texas 75202 (214) 655-3332 (214) 655-3331 (FAX)

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 Case 5:01-cv-00271-DF Document 3 Filed 07/01/2002 Page 1 of 7

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS
TEXARKANA DIVISION

.~" , \ ," ~ "

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,

Plaintiff,

CIVIL ACTION

vs.

NO.5:01CV271

WFC LIMITED PARTNERSHIP d/b/a WORLD FINANCE CORPORATION,

Defendant.

CONSENT DECREE THIS CONSENT DECREE is made and entered into by and between the Equal Employment Opportunity Commission ("EEOC"), and WFC LIMITED PARTNERSHIP d/b/a WORLD FINANCE CORPORATION ("World Finance"), in the United States District Court for the Eastern District of Texas, Texarkana Division, with regard to the EEOC's Complaint filed on September 28, 2001 (Complaint), in Civil Action No. 5:01CV271. The Complaint is based upon Charges of Discrimination filed by Tonia Duffee and Will Evans, Charging Parties, against the Defendant employer. The above-referenced Complaint alleges that World Finance violated Title VII of the Civil Rights Act of 1964 and Title I of the Civil Rights Act of 1991, by terminating Tonia Duffee and Will Evans on the basis of interracial association and on the basis of sex (female). The Defendant employer World Finance denies all of the allegations made in the complaint filed by EEOC and in the charges raised by Duffee and Evans. The EEOC, Duffee, Evans and World Finance agree to compromise and settle the differences embodied in their respective charges and Complaint and intend that the terms

Consent Decree CIVIL ACTION NO. 5:01CV271
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Case 5:01-cv-00271-DF Document 3 Filed 07/01/2002 Page 2 of 7
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 Nos. 31OA2075 and 31OA2076. This Decree further resolves all issues in the Complaint filed by the EEOC in this civil action. The EEOC waives further claims and/or litigation on all issues raised in the above-referenced Charges and Complaint. The EEOC does not waive processing or litigating charges other than the above-referenced Charges.
2. The parties agree that this Consent Decree does not constitute an admission by World Finance of any liability or wrongdoing. World Finance 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.
3. World Finance agrees that it shall continue to conduct all employment practices in a manner that does not discriminate on the basis of race, color, sex, religion or national origin in violation of Title VII of the Civil Rights Act of 1964, as amended and Title I of the Civil Rights Act of 1991 and it shall continue its policy of nonretaliation against any person because of opposition to any practice declared unlawful under Title VII or because of the filing of a charge. World Finance will continue to maintain a workplace environment free from racial and sexual discrimination.
Consent Decree CIVIL ACTION NO. 5:01CV271
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Case 5:01-cv-00271-DF Document 3 Filed 07/01~/-2002 Page 3 of 7
4. World Finance agrees to distribute the Notice appended hereto as Attachment "A" to each of its employees. A copy of Attachment "A" will be delivered to each employee at the employee's work location. Also delivered to each employee at the same time will be a notice stating the following: "This is a copy of World's antidiscrimination policy. World reiterates its commitment to providing a workplace free of discrimination of any kind. Please read the policy and keep a copy for your records." This distribution must be accomplished within six months after the Consent Decree is entered. New employees will be given a copy of the notice and Attachment "A" within thirty days of their hire. This procedure will remain in effect during the two-year pendency of this Consent Decree. The notice Attachment "A" shall be and will remain posted on employee bulletin boards in Texas during the two-year pendency of the Consent Decree. Within twenty (20 ) days of accomplishing the initial distribution required hereby, World Finance shall report the accomplishment of that distribution.
5. World Finance shall, within six months of the entry of this Consent Decree, implement additional Equal Employment Opportunity training regarding policies and procedures related to racial and sexual discrimination in the workplace. The additional Equal Employment Opportunity training will consist of Racial and Sexual Discrimination Training for all employees of World Finance. The additional Equal Employment Opportunity training will also advise employees of World Finance of the requirements and prohibitions of Title VII of the Civil Rights Act of 1964. The additional Equal Employment Opportunity training will also inform the employees of World Finance of the complaint procedure for individuals who believe they have experienced racial or sexual discrimination. The additional Equal Employment
Consent Decree CIVIL ACTION NO. 5:01CV271
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Opportunity training will also advise employees of World Finance, including supervisors and managers, of the consequences of violating Title VII. The additional Equal Employment Opportunity training will also include a specific discussion or instruction relating to the issue of interracial association and sexual discrimination. The additional Equal Employment Opportunity training shall be at least one hour in duration. Within ten (10) days after the additional Equal Employment Opportunity training is conducted World Finance shall give written notice to the EEOC as to the date and location of the additional Equal Employment Opportunity training, the name of the person providing the additional Equal Employment Opportunity training and the substance of the additional Equal Employment Opportunity training. The additional Equal Employment Opportunity training shall be conducted at least once each year during the term of this 2-year agreement.
6. World Finance agrees to provide a neutral employment reference for Tonia Duffee and Will Evans limited to the dates of employment, the last position held and the last salary earned.
7. World Finance agrees to remove from its personnel files for Tonia Duffee and Will Evans within twenty days following the entry of this Consent Decree all documents, entries and references relating to: the facts and circumstances which led to the filing of their Charges of Discrimination; the Charges themselves; and the complaint filed by the EEOC in federal court. Within twenty days after the expungement, World Finance shall send a report to the EEOC describing the items expunged from the Charging Parties' personnel files and providing to the EEOC copies of any neutral references that it has given.
Consent Decree CIVIL ACTION NO. 5:01CV271
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8. World Finance agrees to pay Duffee the amount of eighty nine thousand and five hundred/500 dollars ($89,500.00) and to pay Evans the amount of thirty thousand and no/100 dollars ($30,000.00) to resolve all claims for damages, costs, attorney's fees or any other claim which was or which could have been brought by them or by the EEOC. These payments shall be made by checks payable to Tonia Duffee and Mark Brodeur, attorney, and to Will Evans and Mark Brodeur, attorney, respectively, and delivered to Mark Brodeur, attorney within twenty (20) days following the entry of this Consent Decree.
9. All reports to the EEOC required by this Consent Decree shall be sent to Keri L. Mallon, Trial Attorney, U. S. EEOC, 207 S. Houston, Dallas, Texas 75202.
10. If World Finance fails to tender any payment required hereunder it shall: a. Pay interest at the rate calculated pursuant to 26 U.S.C. 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.
11. Neither the EEOC, Tonia Duffee, Will Evans nor World Finance 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 Consent Decree shall be construed to preclude the EEOC from enforcing this Consent Decree in the event that World Finance fails to perform the promises and representations contained herein. EEOC shall be authorized to seek compliance with the Consent Decree through civil action in the United States
Consent Decree CIVIL ACTION NO. 5:01CV271
Page 5

-- Case 5:01-cv-00271-DF Document 3 Filed 07/01/2002 Page 6 of 7

District Court. The EEOC also reserves the right to seek contempt sanctions for non-

payment and non-compliance with this Court Order.

12. The EEOC, Duffee and Evans shall not bring further suit or intervene in

any suit against World Finance based upon the above-referenced discrimination charge,

any of the allegations contained therein, the EEOC's investigation of the charge or the

underlying facts.

13. The parties to this Consent Decree agree to bear their own costs and

attorney's fees associated with the above-referenced Complaint.

14. The term of this Consent Decree shall be for two (2) years. ~~

SO ORDERED, ADJUDGED AND DECREED this

~~ day of

-..!-!-!-!..:0~~::""'=:""=O~=--, 2002.

~0,-----

u. S. DISTRICT COURT JUDGE

CONSENTS ON FOLLOWING PAGE

Consent Decree CIVIL ACTION NO. 5:01CV271
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'- Case 5:01-cv-00271-DF Document 3 Filed 07/01/2002 Page 7 of 7

AGREED AS TO FORM AND SUBSTANCE:

FOR THE PLAINTIFF EEOC:
SUZANNE M. ANDERSON Acting Regional Attorney Texas State Bar No. 14009470

FOR THE DEFENDANT:
~ Wodd Acceptance Corporation P. O. Box 6429 Greenville, SC 29606

C /

-----::)

KERI L. MALLON

Trial Attorney

Colorado State Bar No. 27392

EQUAL EMPLOYMENT

OPPORTUNITY COMMISSION

Dallas District Office

207 S. Houston

Dallas, Texas 75202

Tel. No. (214) 655-3332

Fax No. (214) 655-3331

FOR THE CHARGING PARTIES
Mark C. Brodeur Brodeur & Evans Center City Plaza 1412 Main Street, 22nd Floor Dallas, Texas 75202

Consent Decree CIVIL ACTION NO. 5:01CV271
Page 7

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

https://ecf.txed.uscourts.gov/cgi-bin/DktRpt.pl?131958929651373-L_9...

U.S. District Court [LIVE] Eastern District of TEXAS LIVE (Texarkana) CIVIL DOCKET FOR CASE #: 5:01-cv-00271-DF

CLOSED, JURY

EEOC v. WFC Limited Partner Assigned to: Judge David Folsom Demand: $0 Cause: 42:2000 Job Discrimination (Race) Plaintiff Equal Employment Opportunity Commission
V. Defendant WFC Limited Partnership doing business as World Finance Corporation

Date Filed: 09/28/2001 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff
represented by Suzanne Elizabeth Anderson EEOC 207 South Houston Street Dallas, TX 75202 214/253-2740 Fax: 214/655-3331 Email: suzanne.anderson@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed 09/28/2001 09/28/2001 09/28/2001 10/01/2001 02/12/2002
07/01/2002
07/01/2002

#

Docket Text

1 Original Complaint filed. Cause: 42:2000 Job Discrimination (Race) (mpv) (Entered: 10/01/2001)
Summons(es) issued for WFC Limited Partner (mpv) (Entered: 10/01/2001)
1 Demand for jury trial by EEOC (mpv) (Entered: 10/02/2001)
Magistrate consent forms mailed to EEOC . (mpv) (Entered: 10/01/2001)
2 Return of service executed as to WFC Limited Partner via personal service on 11/2/01 Answer due on 11/23/01 for WFC Limited Partner (sm) (Entered: 02/12/2002)
3 Consent Decree/ judgment and settlement papers . ( signed by Judge David Folsom ) cc: attys of record 7/1/02 (sm) Modified on 07/01/2002 (Entered: 07/01/2002)
Case closed (mpv) (Entered: 07/02/2002)

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