IN THE UNITED STATES DISTRICT <fC~O\JR1

FOR

THE

MIDDLE

DISTRICT

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EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff,

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v.

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JOE CHRISTIANA FOOD DISTRIBUTORS, INC., )

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Defendant.

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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 on the basis of sex and to provide

appropriate reliefto Dana Adams and a class of similarly-situated females, who were adversely

affected by such practices. Dana Adams and a class of similarly-situated females were

subjected to sexual harassment by the owner, his son (a supervisor), a salesman and a customer

of Joe Christiana Food Distributors, Inc.

JURISDICTION AND VENUE

1. Jurisdiction of this 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(£)(1) and (3)

of Title VII of the Civil Rights Act of 1964 ("Title VII"), as amended, 42 U.S.C. § 2000e-

5(£)(1) and (3), and pursuant to 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 of the United States District Court for the Middle District OfLOUiSiana,,~

·)f/~.~~=-_ _ _ _ _ _ _ __

PARTIES 3. Plaintiff, the Equal Employment Opportunity Commission (the "Commission"), is the 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) and (3) of Title VII, 42 U.S.C. § 2000e-5(f)(1) and (3). 4. At all relevant times, Defendant, Joe Christiana Food Distributors, Inc. (the "Employer" or "Christiana Foods"), has continuously been a Louisiana Corporation doing business in the State of Louisiana and the City of Baton Rouge, 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 under 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, Dana Adams filed a charge with the Commission alleging violations of Title VII by Defendant Employer. All conditions precedent to the institution of this lawsuit have been fulfilled. 7. From October 2000 through at least December 2001, Defendant Employer engaged in unlawful employment practices at its Baton Rouge, Louisiana job site, in violation of Section 703(a)(1) of Title VII, 42 U.S.C. § 2000e-2(a)(1). The unlawful practices involved subjecting Dana Adams and a class of similarly-situated females to sexual harassment and a sexually hostile work environment. Specifically, the harassment consisted of unwelcome touching, sexually explicit comments and gestures, graphic descriptions of sexual acts and
2

repeated unwelcome sexual advances. 8. The effect of the practices complained of in paragraph 7 above has been to
deprive Dana Adams and a class of similarly-situated females of equal employment opportunities and otherwise adversely affect their status as employees, because of their sex.
9. The unlawful employment practices complained of in paragraph 7 above were intentional.
10. The unlawful employment practices complained of in paragraph 7 above were done with malice or with reckless indifference to the federally protected rights of Dana Adams and the class of similarly-situated females.
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 engaging in sexual harassment and any other employment practice which discriminates on the basis of sex. B. Order Defendant Employer to institute and carry out policies, practices, and programs which provide equal employment opportunities for women, and which eradicate the effects of its past and present unlawful employment practices. C. Order Defendant Employer to make whole Dana Adams and the class of similarly-situated females, by providing appropriate backpay with prejudgement interest, in amounts to be determined at trial, and other affirmative relief necessary to eradicate the effects of its unlawful employment practices. D. Order Defendant Employer to make whole Dana Adams and the class of similarly-situated females by providing compensation for past and future pecuniary losses
3

resulting from the unlawful employment practices described in paragraph 7 above, including but not limited to medical expenses, in amounts to be determined at trial.
E. Order Defendant Employer to make whole Dana Adams and the class of similarly-situated females by providing compensation for past and future nonpecuniary losses resulting from the unlawful practices complained of in paragraph 7 above, including but not limited to emotional pain, suffering, inconvenience, loss of enjoyment of life and humiliation, in amounts to be determined at trial.
F. Order Defendant Employer to pay Dana Adams, the class of similarly-situated females and the Commission, punitive damages for its malicious and reckless conduct, as described in paragraph 7 above, in amounts to be determined at trial.
G. Grant such further relief as the Court deems necessary and proper in the public interest.
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. Dated this _ day of June, 2003.
GWENDOLYN YOUNG REAMS Associate General Counsel No Bar Roll Number Assigned EQUAL EMPLOYMENT OPPORTUNITY
COMMISSION 1801 "L" Street, N.W. Washington, D.C. 20507
4

GWENDOLYN YOUNG REAMS Associate General Counsel No Bar Roll Number Assigned

EQUAL EMPLOYMENT OPPORTUNITY

COMMISSION

1801 "L" Street, N.W.

~ waShington, D.C. 2050~ /

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~~-+~~=-~~~~~~ KEITH . HILL

Regional Attorney

Bar Roll No. 15200000
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Supervisory Trial Attorney Bar Roll No. 1286
~~E~~..O--'~~~~==~-------­

--- 'Senior Tri Att6rney No Bar R rNumber Assigned

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION New Orleans District Office 701 Loyola Avenue, Suite 600 New Orleans, Louisiana 70113-9936 Telephone: (504) 5.89-6817
(504) 589-3539 Facsimile: (504) 589-2805
PLEASE SERVE:
Joseph O. Christiana Agent for Service of Process for
Joe Christiana Food Distributors, Inc. 2055 Sorrell Avenue Baton Rouge, LDuisiana 70802
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UNITED STATES DISTRICT COURT

FILED
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MIDDLE DISTRICT OF LOUISIANA

100J OCT -8 P 3: 38

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EQUAL EMPLOYMENT

Nq1~~~ CIVIL ACTION

OPPORTUNITY COMMISSION

VERSUS

JUDGE TYSON

JOE CHRISTIANA FOOD DISTRIBUTORS, INC.

MAGISTRATE NOLAND

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PETITION OF INTERVENTION

NOW INTO COURT, through undersigned counsel, comes Dana Adams, who intervenes

herein to assert her claims for damages through private counsel, as follows:

Incorporation from Original Complaint and Jury Demand

1.

Intervenor reiterates and incorporates as if repeated herein, all allegations, prayers for reI ief

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and jury demand set forth in the original Complaint filed herein on or about July 9, 2003 .

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Nature of Action

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2.

This action is brought pursuant to Title VII ofthe Civil Rights Act of 1964,42 U.S.C.§2000e,

et seq. Intervenor was subjected to discrimination in the workplace by defendant and its employees

because of her sex, female.

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Jurisdiction and Venue

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This Court has jurisdiction over this matter pursuant to 28 U.S.C. § 1331, 1343 and 1345.

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Furthermore, this Court has jurisdiction over the state law claims asserted by intervenor herein

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pursuant to 28 U.S.C. § 1367. This action is brought pursuant to Title VII of the Civil Rights Act

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of 1964, 42 U.S.C. § 2000e, et seq., as well as La.R.S. 23:301, et seq. and La.C.C. Art. 2315.

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4.

The unlawful employment actions alleged herein occurred within the jurisdiction of the

United States District Court for the Middle District of Louisiana. Also, defendant, Joe Christiana

Food Distributers, Inc., is a domestic corporation domiciled within the United States District

Court for the Middle District of Louisiana.

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Parties

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5.

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Intervenor, Dana Adams, is the party who was subjected to the unlawful employment

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practices herein. She is a female and a resident of the full age of majority of the Parish of

Livingston, State of Louisiana. She brings this action pursuant to 42 U.S.C. § 2000e, et seq.

6.

Plaintiff, the Equal Employment Opportunity Commission, is the agency of the United

States of America charged with the administration, interpretation and enforcement of Title VII of

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the Civil Rights Act of 1964,42 U.S.C. § 2000e, et seq.

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7.

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At all times relevant herein, the defendant, Joe Christiana Food Distributors, Inc. has

continuously been a corporation domiciled in the State of Louisiana, within the Parish of East

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Baton Rouge, and has continuously had at least fifteen (15) employees.

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At all relevant times, the defendant has continuously been an employer engaged in an

industry affecting commerce under Sections 701(b), (g), and (h) of Title VII, 42 U.S.c. § 2000e.

Statement of CJaim

9.

Intervenor shows that more than thirty (30) days prior to the filing of this Petition for

Intervention, and more than thirty (30) days prior to the institution of the original Complaint filed

herein, she filed a charge with the Equal Employment Opportunity Commission alleging

violations of Title VII by defendant. All federal and state administrative conditions precedent to

the institution of the original Complaint filed herein and the Petition for Intervention have been

fulfilled.

10.

Intervenor shows that defendant hired her as a secretary on or about January 8, 2001.

Defendant agreed to compensate Intervenor at the rate of $1 0.00 per hour. Intervenor shows that

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she worked an average of fifty (50) to fifty-five (55) hours per week and was compensated at the

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rate of time and one-half of her regular rate for all hours she worked in excess of forty (40) per

week.

11.

Intervenor shows that the Defendant is a family-owned, closely held business which is

owned and operated by Joe Christiana, Sr. and Joe Christiana, Jr.

12.

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Intervenor shows that shortly after being hired by the defendant, she was subjected to

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sexual harassment by Joe Christiana, Sr., Joe Christiana, Jr., and Todd Detillier, all of whom are

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males and were employed by the defendant.

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Specifically, Intervenor shows that throughout her employment with Defendant, Joe

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Christiana, Sr., Joe Christiana, Jr. and Todd Detillier made statements of a patently offensive

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sexual nature to her, propositioned her for sexual favors, described their sexual prowess to her,

made sexually suggestive comments and gestures to her, displayed sexually graphic photographs
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and objects to her and subjected her to other forms of sexual harassment. Intervenor shows that

these actions created a sexually hostile working environment within the defendant corporation.

14.

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Intervenor further shows that she was subjected to unwanted sexual touching by Joe Christiana, Sr., Joe Christiana, Jr. and Todd Detillier during her employment with the defendant corporation.
15. Intervenor shows that the sexual harassment previously described herein occurred on a

routine and repeated basis during her employment with the defendant.

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Intervenor shows that she advised Joe Christiana, Sr., Joe Christiana, Jr. and Todd

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Detillier that their actions were unwarranted, unwelcome and otherwise offensive in nature to

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her. Despite Intervenor's objections, the gentlemen continued to commit the actions previously

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described herein. As such, intervenor was forced to resign from her employment on or about

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December 19,2001 to remove herself from the previously described sexually hostile

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environment.

17.

Intervenor shows that the unlawful employment practices described herein were

intentional and done with malice or reckless indifference to her federally protected rights.

18.

Intervenor shows that as a result of the actions of defendant and its employees, she

sustained emotional distress and anxiety, and that she continues to suffer from same to this date.

Intervenor shows that she sought medical treatment for her injuries and continues to seek same.

19.

Intervenor shows that she has also lost wages as a result of the actions of defendant and

its employees as described herein.

20.

Intervenor shows that defendant is liable to her for all damages described herein, pursuant

to 42 U.S.C. § 2000e et. seq., La.R.S. 23:301, et. seq. and La.C.C. Art. 2315, including, but not

limited to:

a) Back pay with prejudgment interest;

b) Reinstatement to her position or, alternatively, front pay;

c) Past, present and future pecuniary losses, including all past, present and future

medical expenses;

d) Emotional and mental anguish, depression, humiliation, embarrassment and loss

of enjoyment of life;

e) Punitive damages; and

f)

All costs and attorneys fees incurred in the prosecution of this matter.

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Intervenor requests a trial by jury on all issues of law and fact. WHEREFORE, Intervenor prays that a certified copy of this petition be served upon the defendant, and after all legal delays and due proceedings are had, that judgment be rendered herein in favor of the Intervenor, Dana Adams, against the defendant, Joe Christiana Food Distributors, Inc, for all such damages, including punitive damages, as are reasonable on the premises, together with prejudgment interest, until paid. Intervenor further prays that she be awarded reasonable attorneys' fees and all costs of these proceedings, including expert witness fees. Intervenor further prays for a trial by jury. Intervenor further prays for all general and equitable relief
By Attorneys,

AVANT & FALCON
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ARLES L. DIRKS, III, #25650 FLOYD J. FALCON, JR., #5424 429 Government Street Post Office Box 2667 Baton Rouge, Louisiana 70821 Telephone: (225) 387-4462
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CERTIFICATE

I HEREBY CERTIFY that a copy of the foregoing has been mailed, postage prepaid and properly addressed to:
John Dale Powers Mark G. Murphey Powers and Willard, L.L.P. P.O. Box 15948 Baton Rouge, Louisiana 70895

Erania Ebron

Senior Trial Attorney

Equal Employment Opportunity Commission

701 Loyola Avenue, Suite 600

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New Orleans, Louisiana 70113-9936

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«!;~ay BATON ROUGE, LOUISIANA this

o[October, 2003.

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Charles L. Dirks, III

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 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF LOUISIANA

FILED U.S. DIS T COURT MIDDLE OiST. uF LA

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff, and
DANA ADAMS
Plaintiff-Intervenor,
v.
JOE CHRISTIANA FOOD DISTRIBUTORS, INC.
Defendant.

§ CIVIL AmJ{)N.!Nb,) p, 10: 38
§ 03-534-C-M2 § § § § § § § JUDGE TYSON § § MAGISTRATE NOLAND § § § § §

CONSENT DECREE 1. The United States Equal Employment Opportunity Commission ("the Commission") instituted the captioned civil action in the United States District Court for the Middle District of Louisiana, charging Joe Christiana Food Distributors, Inc. ("Joe Christiana Foods" or "Defendant"), with violations of Title VII of the Civil Rights Act of 1964, as amended ("Title VII"), and alleging that Defendant discriminated against Dana Adams and Erica Adams because of their sex (female); and 2. Defendant has not admitted and does not admit that it has engaged in any unlawful employment practices; and
JURISDICTION 3. This Court has jurisdiction over the subject matter ofthis action and over the parties to this action; and

4. The Commission, Dana Adams and Joe Christiana Foods have agreed to settle this matter for the relief specified in this Consent Decree; and
S. The parties to this lawsuit wish to resolve all claims and controversies encompassed by this lawsuit without burden, expense or delay of further litigation:
Therefore, it is ORDERED, ADJUDGED, AND DECREED that: 6. The negotiation, execution and entry ofthis Consent Decree will resolve any and all claims of alleged Title VII violations brought by the Commission against the Defendant arising out of EEOC Charge Number 270-A2-0IS17 and Civil Action Number 03-S34-C-M2 ("the instant action"). 7. The purpose ofTitle VII will be furthered by entry ofthis Decree, the terms ofwhich constitute a fair and equitable settlement. 8. Neither the negotiation, nor the execution, nor the entry ofthis Consent Decree shall constitute an acknowledgment or admission of any kind by Joe Christiana Foods that its officers, agents or employees have violated or have not been in compliance with Title VII or any other applicable law, regulation or order. 9. This Consent D, ecree relates only to the violations alleged in EEOC Charge Number 270-A2-01S17, the instant civil action filed by the Commission in the United States District Court for the Middle District of Louisiana, on July 9,2003 and the complaint in intervention filed by the Plaintiff-Intervenor on October 8, 2003. 10. Defendant, its directors, officers, agents, employees and successors or assigns shall
-Page2of9 Consent Decree: EEOC and Dana Adams v. Joe Christiana Food Distributors. Inc.

not maintain or permit discrimination in the workplace against any applicant for employment or employee based upon such person's sex, as complained of in EEOC Charge Number 270-A2-01S17. Rather, Defendant will take prompt and remedial action to correct any alleged sexual harassment that has occurred, as detailed below.
11. Joe Christiana Foods, its directors, officers, agents, employees and successors or assigns shall not maintain or permit discrimination in the workplace against any applicant for employment or any employee, particularly any retaliatory action, because the employee or applicant has exercised their federally protected right to make a complaint under Title VII, and Defendant will not tolerate any retaliatory management decision. Rather, Defendant will take appropriate action to correct any retaliation that has occurred against any applicant or employee for exercising their federally protected Title VII civil rights.
12. Defendant agrees to eliminate from any files it maintains, including but not limited to the personnel file of Dana Adams and Erica Adams, any and all documents and entries relating to the facts and circumstances which led to the filing of EEOC Charge Number 270-A2-01S17 and the related events and outcomes that occurred thereafter, except this Consent Decree and the settlement agreement referred to below in paragraph 13. Defendant further agrees that it will provide
.
Dana Adams and Erica Adams neutral job references per its existing policy for any inquiries about their employment with Joe Christiana Foods. The job references will include honest descriptions of the work histories of Dana Adams and Erica Adams, but will not refer in any way to the charge
-Page 3 0/9 Consent Decree: EEOC and Dana Adams v. Joe Christiana Food Distributors, Inc.

of discrimination filed or the instant cause of action. A sample ofthe reference which will be used in response to inquiries is attached hereto as Exhibit A.
COMPENSATORY RELIEF 13. Within ten (10) days of the entry of this Consent Decree, Defendant shall tender to Dana Adams the sum of Twenty Thousand dollars ($20,000.00) as damages. Defendant will also forgive Dana Adams' alleged indebtedness in the total amount of Six Thousand Eight Hundred dollars. Defendant may condition this tender to Dana Adams on her execution of a settlement agreement releasing her claims arising from the events and/or omissions that are the subject of this lawsuit. Defendant further agrees to forward a copy of the check to Senior Trial Attorney Erania Ebron Martin, U.S. EEOC, Houston District Office, 1919 Smith Street, 7th Floor, Houston, Texas, 77002-8049, within fifteen (15) days of disbursement.
INJUNCTIVE RELIEF 14. Defendant, Joe Christiana, Sr., Joe Christiana, Jr., its directors, officers, agents, employees, successors, and assigns shall not engage in or permit discrimination in the workplace against any employee based upon such person's sex, as complained of in the instant civil action. Defendant further agrees and promises that it shall not retaliate in any way against any person who has participated in any manner in the investigations of this matter by the Commission and by Defendant, respectively. 15. Defendant agrees to implement and enforce an effective policy and procedure for
-Page 4 0/9 Consent Decree: EEOC and Dana Adams v. Joe Christiana Food Distributors. Inc.

preventing and investigating complaints of sexual harassment. Defendant also agrees to ensure that the Defendant's owners and management staff, particularly its managers and supervisors, are advised of the policy. The policy must, at a minimum, contain the following elements: A clear explanation of prohibited conduct; assurance that employees who make complaints of sexual harassment or provide information related to such complaints will be protected against retaliation; a clearly described complaint process that provides accessible avenues of complaint; assurance that the employer will protect the confidentiality of sexual harassment complaints to the extent possible; a complaint process that provides a prompt, thorough, and impartial investigation, and assurance that the Defendant will take immediate and appropriate corrective action when it determines that discrimination has occurred. This policy, once created, will be communicated to all of Defendant's employees and management staff, and shall be included in any relevant policy or employee manuals kept by Defendant's business. This policy will be consistent with law and the Commission's regulations and guidances.
16. All Defendant's management and full-time employees shall be required to attend a training program regarding equal employment opportunity rights and responsibilities, with a focus on sexual harassment. Management employees will receive training on the implementation of the sexual harassment policy and procedure yearly; all new management employees shall receive this training within 90 (ninety) days of hire or promotion - during initial orientation or otherwise. A certificate or other proofoftraining completion by all employees shall be provided to the EEOC no later than six (6) months from the Court's approval of this Consent Decree. The certificate of
-Page 50/9 Consent Decree: EEOC and Dana Adams v. Joe Christiana Food Distributors. Inc.

training shall include a written summary of Defendant's sexual harassment policy and shall include contact information for the Equal Employment Opportunity Commission to facilitate the filing of discrimination complaints, should the need arise. A copy of the certificate of training shall be provided to each employee who attends the training at the time of training completion. A sample of the certificate of training is attached hereto as Exhibit B.
17. Joe Christiana Foods agrees to keep all records of sexual harassment complaints made by employees under Title VII for the three (3) year effective period of this Decree and agrees to provide the EEOC, every six (6) months, with a written report setting forth all complaints of sexual harassment at its facility. The reports should set forth an explanation ofthe investigation and disposition of such complaints, and should have attached all documentation pertaining to each complaint, its investigation, and its disposition.
18. Defendant agrees that the Commission may review Defendant's compliance with this Decree in the event there is reasonable cause to believe non-compliance exists by: 1) notifying Defendant of the facts supporting the reasonable cause belief of non-compliance and 2) after thirty (30) days following such notification, the Commission may inspect the relevant areas ofDefendant' s premises relating to the alleged non-compliance, interview employees who have relevant knowledge of the alleged non-compliance and examine and copy documents relevant to the alleged noncompliance.
-Page 60/9 Consent Decree: EEOC and Dana Adams v. Joe Christiana Food Distributors. Inc.

CONSENT DECREE ENFORCEMENT 19. In the event that Defendant fails to perfonn its obligations herein, Plaintiff EEOC is empowered to enforce this Consent Decree through the applicable judicial enforcement procedures and to seek sanctions which may be due as a result of the need to enforce this Decree. 20. Should any provision ofthis Decree be declar~d or be detennined by any Court to be illegal or invalid, the validity ofthe remaining parts, tenns or provisions shall not be affected thereby and said illegal or invalid part, tenn or provision shall be deemed not to be a part of this Decree. 21. This Decree sets forth the entire agreement between the Commission and Defendant as to the captioned lawsuit, and fully supersedes any and all prior agreements or understandings between the Commission and Defendant pertaining to the subject matter herein. 22. The Commission and the Defendant will bear their own attorney's fees and costs incurred in connection with the litigation of this case. 23. This Decree shall remain in effect for a period of three (3) years from the date of its execution. The Commission shall have six (6) months from the end of the effective period of this Decree to commence enforcement actions relative to any violation hereof by Defendant. Defendant shall advise employees that complaints ofemployment discrimination may be filed with Defendant's representatives or filed directly with the EEOC during the three (3) year tenn ofthis Consent Decree. 24. The Court shall retain jurisdiction of this action for purposes of enforcing this Decree, as appropriate.
-Page 70/9 Consent Decree: EEOC and Dana Adams v. Joe Christiana Food Distributors. Inc.

IT IS SO ORDERED.

--119-~--- ~ a~ THUS DONE AND SIGNED,

, Louisiana, this

day of (JY).~

,2006.

~·JUDGE""""",

APPROVED AS TO FORM AND CONTENT: FOR THE PLAINTIFF:
JAMES L. LEE Deputy General Counsel No Bar Roll Number Assigned
GWENDOLYN YOUNG REAMS Associate General Counsel No Bar Roll Number Assigned

egional Attorney
r: a. Bar Roll No:14888

No La. Bar Roll Number Assigned
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Houston District Office 1919 Smith Street, 7th Floor Houston, TX 77002-8049 Tel: (713) 209-3398 (Sacher)

-Page 80/9 Consent Decree: EEOC and Dana Adams v. Joe Christiana Food Distributors, Inc.

(713) 209-3323 (Ebron Martin) Fax: (713) 209-3402

COUNSEL FOR PLAINTIFF

FOR THE PLAINTIFF-INTERVENOR:

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Date

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~t~~ CHARLES L. DIRKS, III La. Bar Roll No. 25650 Avant & Falcon 429 Government Street Post Office Box 2667 Baton Rouge, Louisiana 70821 Telephone: (225) 387-4462 Facsimile: (225) 387-4547

COUNSEL FOR PLAINTIFF-INTERVENOR DANA ADAMS

FOR THE DEFENDANT:
"()k~ 3) ~t.
Date

JOHN DALE POWERS La. Bar Roll No. 8805 Powers & Hightower, L.L.P. 7967 Office Park Boulevard (70809) Post Office Box 15948 Baton Rouge, Louisiana 70895 Telephone: (225) 928-1951 Facsimile: (225) 929-9834
COUNSEL FOR DEFENDANT

-Page 90/9 Consent Decree: EEOC and Dana Adams v. Joe Christiana Food Distributors, Inc.

Exhibit A
Joe Christiana Letterhead
Dear Prospective Employer: We are pleased to provide this information on behalfofDana Adams (or Erica Adams). Ms.
Adams worked as Office Personnel with our company beginning in October 2000. Ms. Adams discontinued her employment with us voluntarily in December 2001.
We hope that this information has been helpful to you and Ms. Adams.

Date

Joe Christiana, Sr.

President/Owner

Joe Christiana Food Distributors, Inc.

Exhibit B
Joe Christiana Letterhead
CERTIFICATE OF TRAINING COMPLETION
My signature below certifies that I have completed the training provided by Joe Christiana Foods, Inc. concerning its policy against discrimination.
I have been informed that federal law prohibits discrimination against any employee or applicant for employment because of the individual's race, color, religion, sex, national origin, disability or age (40 and over), with respect to hiring, promotion, discipline, firing, compensation or other terms, conditions or privileges of employment.
I have also been informed that federal law also prohibits sexual harassment. In addition, federal law prohibits an employer from retaliating against an employee who complains of employment discrimination or who participates in an internal or EEOC investigation of an employee complaint.
I have been advised that Joe Christiana Foods, Inc. supports and will comply with such federal law in all respects. Specifically, Joe Christiana Foods, Inc.,:(a) will seek to maintain a work environment that is free of sexual harassment; (b) will provide annual training to all employees concerning the federal employment discrimination laws, particularly as they apply to sexual harassment; and, (c) will provide information about its discrimination and complaint policy to all employees.
Joe Christiana Foods, Inc. has a zero tolerance equal employment opportunity policy and will ensure that all managers, supervisors and other employees abide by the requirements ofthat policy, and that employees will not be subjected to sexual harassment.
I have been informed that if I believe that I have been sexually harassed, I should promptly report
the discriminatory conduct to JOE CHRISTIANA, SR., or to the u.s. Equal Employment
Opportunity Commission, New Orleans Field Office, 1555 Poydras Street, Suite 1900, New Orleans, Louisiana 70112, (504) 589-6817.

Date

Employee Name (PRINTED)

Signature

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

Page 1 of 7

U.S. District Court Middle District of Louisiana (Baton Rouge) CIVIL DOCKET FOR CASE #: 3:03-cv-00534-RET-CN

CLOSED

EEOC v. Joe Christiana Food Assigned to: Chief Judge Ralph E. Tyson Referred to: Magistrate Judge Christine Noland Demand: $0 Cause: 42:2000 Job Discrimination (Sex)

Date Filed: 07/09/2003 Date Terminated: 02/21/2006 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

Plaintiff
Equal Employment Opportunity Commission

represented by Michelle Theresa Butler U.S. Equal Employment Opportunity Commission 1555 Poydras Street Suite 1900 New Orleans, LA 70112 504-595-2872 Fax: 504-589-6861 Email: michelle.butler@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Erania Ebron US Equal Employment Opportunity Commission 701 Loyola Ave. Suite 600 New Orleans, LA 70113-9936 504-589-6922 Fax: 589-2805 ATTORNEY TO BE NOTICED

V. Defendant Joe Christiana Food Distributors, Inc

represented by John Dale Powers Powers & Hightower, LLP P. O. Box 15948 7967 Office Park Blvd. Baton Rouge, LA 70895 225-928-1951 Fax: 225-929-9834 Email: dpowers@powershightower.com LEAD ATTORNEY

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Intervenor Plaintiff Dana Adams
V. Intervenor Defendant Joe Christiana Food Distributors, Inc
Intervenor Defendant Equal Employment Opportunity Commission

ATTORNEY TO BE NOTICED
Mark G. Murphey Forrester, Jordan & Dick, LLC 4981 Bluebonnet Boulevard Baton Rouge, LA 70809 225-928-5400 Fax: 225-928-7733 Email: mmurphey@fjdlegal.com ATTORNEY TO BE NOTICED
represented by Charles Leopold Dirks, III Avant & Falcon P.O. Box 2667 429 Government Street Baton Rouge, LA 70821-2667 225-387-4462 Fax: 387-4547 Email: charlie_dirks@excite.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Floyd J. Falcon, Jr. Avant & Falcon P.O. Box 2667 429 Government Street Baton Rouge, LA 70821-2667 225-387-4462 Fax: 225-387-4547 Email: tiffanylynn75@hotmail.com ATTORNEY TO BE NOTICED
represented by John Dale Powers (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Mark G. Murphey (See above for address) ATTORNEY TO BE NOTICED
represented by Michelle Theresa Butler (See above for address) LEAD ATTORNEY

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Date Filed 07/09/2003 07/10/2003
07/10/2003 07/29/2003
07/29/2003
07/29/2003 08/19/2003 08/19/2003
09/24/2003 09/24/2003 09/26/2003 09/29/2003
10/08/2003 10/15/2003
10/16/2003

ATTORNEY TO BE NOTICED

#

Docket Text

1 COMPLAINT (dcb) (Entered: 07/10/2003)

2 ORDER set Scheduling Conference for 1:30 11/6/03 , set Status Report deadline to 10/28/03 ( signed by Mag. Judge Christine Noland ), issued notices. (dcb) (Entered: 07/10/2003)

SUMMONS(ES) issued for Joe Christiana Food . Service deadline set for 7/24/03 (dcb) (Entered: 07/11/2003)

3 MOTION by Joe Christiana Food (Attorney Mark G. Murphey, John Dale Powers) for a more Definitive Statement (dcb) (Entered: 07/29/2003)

4 MEMORANDUM by Joe Christiana Food in support of [3-1] motion for a more Definitive Statement by Joe Christiana Food (dcb) (Entered: 07/29/2003)

Motion(s) referred to Mag. Judge Christine Noland : [3-1] motion for a more Definitive Statement (dcb) (Entered: 07/29/2003)

5 MEMORANDUM by EEOC in opposition to [3-1] motion for a more Definitive Statement by Joe Christiana Food (elp) (Entered: 08/19/2003)

6 RULING denying [3-1] motion for a more Definitive Statement by Joe Christiana Food ( signed by Mag. Judge Christine Noland ), issued notices. (nlt) (Entered: 08/19/2003)

7 MOTION...by Dana Adams for Leave to Intervene as Plaintiff (sah) (Entered: 09/25/2003)

Motion(s) referred to Mag. Judge Christine Noland : [7-1] motion for Leave to Intervene as Plaintiff (sah) (Entered: 09/25/2003)

8 ANSWER to Complaint by Joe Christiana Food (Attorney ), (nlt) (Entered: 09/29/2003)

9 ORDER granting [7-1] motion for Leave to Intervene as Plaintiff ( signed by Mag. Judge Christine Noland ), issued notices. (nlt) (Entered: 09/29/2003)

10 INTERVENOR'S Complaint by Dana Adams against EEOC, Joe Christiana Food (nlt) (Entered: 10/09/2003)

11 WAIVER of SERVICE Returned Executed as to Joe Christiana Food 10/8/03: Answer due on 12/8/03 for Joe Christiana Food (nlt) (Entered: 10/15/2003)

12 ANSWER by Joe Christiana Food to [10-1] intervenor complaint (sah) (Entered: 10/17/2003)

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10/23/2003 10/30/2003
11/19/2003 11/19/2003 11/24/2003 11/24/2003 11/24/2003 12/10/2003
02/06/2004
03/10/2004
04/29/2004 05/03/2004 05/03/2004

13 STATUS REPORT by EEOC (sah) (Entered: 10/23/2003)
14 ORDER...the scheduling cnf set for 11/6/03 is Cancelled terminated deadlines , set Amended Pleadings deadline to 1/30/04 , set Discovery deadline to 5/31/04 , set Expert reports deadline due by 5/31/04 for EEOC , set Expert reports deadline due by 6/30/04 for Joe Christiana Food , set Experts deposed deadline for for Joe Christiana Food, for EEOC , set Dispositive Motion Filing deadline to 9/30/04 , set Telephone Conference for 10:15 2/6/04 ( signed by Mag. Judge Christine Noland ), issued notices. (sah) (Entered: 10/30/2003)
15 MOTION by EEOC for Erania Ebron to Appear Pro Hac Vice (sah) (Entered: 11/20/2003)
Motion(s) referred to Mag. Judge Christine Noland : [15-1] motion for Erania Ebron to Appear Pro Hac Vice (sah) (Entered: 11/20/2003)
16 ORDER granting [15-1] motion for Erania Ebron to Appear Pro Hac Vice by EEOC ( signed by Mag. Judge Christine Noland ), issued notices. (sah) (Entered: 11/24/2003)
17 MOTION by Joe Christiana Food for Leave to serve additional interrogatories and request for production of documents (sah) (Entered: 11/25/2003)
Motion(s) referred to Mag. Judge Christine Noland : [17-1] motion for Leave to serve additional interrogatories and request for production of documents (sah) (Entered: 11/25/2003)
18 ORDER denying [17-1] motion for Leave to serve additional interrogatories and request for production of documents by Joe Christiana Food ( signed by Mag. Judge Christine Noland ), issued notices. (nlt) (Entered: 12/10/2003)
19 ORDER...telephone cnf held on 2/6/04 terminated deadlines ...the record will be reviewed on 10/4/04 to determine if a pretrial cnf needs to be set... (signed by Mag. Judge Christine Noland ), issued notices. (sah) (Entered: 02/06/2004)
20 NOTICE by Joe Christiana Food to take deposition of the custodian of Medical Records for Henry P. Young, MD; Cornelius Mayfield, MD; Linda Upton, MD; R. K. Kongara, MD; Nancy Marchand, MSW; Diane Finley, MD; Timothy Andrus, MD... (dcb) (Entered: 03/11/2004)
21 NOTICE by Joe Christiana Food to take deposition of Ms. Erica Adams (sah) (Entered: 04/30/2004)
22 MOTION by Joe Christiana Food to Extend Time To Complete Discovery of Experts (sah) (Entered: 05/04/2004)
Motion(s) referred to Mag. Judge Christine Noland : [22-1] motion to Extend Time To Complete Discovery of Experts (sah) (Entered: 05/04/2004)

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05/05/2004
05/18/2004
07/28/2004 08/13/2004 09/14/2004 09/22/2004 09/23/2004 10/07/2004 10/12/2004 10/25/2004 10/25/2004
10/25/2004 10/25/2004 10/25/2004 10/25/2004
10/26/2004 10/26/2004 10/27/2004

23 ORDER granting [22-1] motion to Extend Time To Complete Discovery of Experts by Joe Christiana Food...Is hereby Granted to the deadline is 10/15/04 and motion filing deadline is 11/15/04 (signed by Mag. Judge Christine Noland), issued notices. (sah) (Entered: 05/06/2004)
24 NOTICE by Joe Christiana Food to take deposition of Dr. Timothy Andrus, Dr. Rama K. Kongara, Dr. Cornelius Mayfield, Dr. Linda Upton (dcb) (Entered: 05/19/2004)
25 NOTICE of by Joe Christiana Food (sah) (Entered: 07/29/2004)
26 RETURN on Subpoena as to Ms. Erica Adams executed on 8/2/04 (sah) (Entered: 08/16/2004)
27 NOTICE by Joe Christiana Food to take deposition of Erica Adams (sah) (Entered: 09/15/2004)
28 NOTICE by Joe Christiana Food to take deposition of Rama K. Kongara, M.D. (sah) (Entered: 09/23/2004)
29 AMENDED NOTICE by Joe Christiana Food to take oral deposition of Cornelius Mayfield, M.D. (sah) (Entered: 09/24/2004)
30 NOTICE by Joe Christiana Food to take deposition of Summit Hospital Custodian of Medical Records (sah) (Entered: 10/07/2004)
31 NOTICE of Independent Medical Examination by Joe Christiana Food (sah) (Entered: 10/13/2004)
32 NOTICE by Joe Christiana Food to take deposition of James H. Adams, III (sah) (Entered: 10/26/2004)
33 NOTICE by Joe Christiana Food to take deposition for the production of documents only of Argosy Casino of Baton Rouge (sah) (Entered: 10/26/2004)
34 MOTION by EEOC for A Protective Order (sah) (Entered: 10/26/2004)
35 MEMORANDUM by EEOC in support of [34-1] motion for A Protective Order by EEOC (sah) (Entered: 10/26/2004)
36 MOTION by EEOC for Expedited Hearing on [34-1] motion for Protective Order by EEOC (sah) (Entered: 10/26/2004)
Motion(s) referred to Mag. Judge Christine Noland : [36-1] motion for Expedited Hearing on [34-1] motion for Protective Order by EEOC, [341] motion for A Protective Order (sah) (Entered: 10/26/2004)
37 RETURN on Subpoena as to Custodian 0f Medical Records for Summit Hospital, executed on 10/14/04 (sah) (Entered: 10/27/2004)
38 MEMORANDUM by Joe Christiana Food in opposition to [34-1] motion for A Protective Order by EEOC (sah) (Entered: 10/27/2004)
39 ORDER granting [36-1] motion for Expedited Hearing on [34-1] motion for Protective Order by EEOC by EEOC Motion Hearing [34-1] motion

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10/27/2004 10/27/2004 11/03/2004 12/28/2004 01/05/2005 01/12/2005 03/03/2005 10/17/2005 11/09/2005
02/13/2006 02/21/2006 02/21/2006
03/10/2006

for A Protective Order set for 10/2704 by phone ( signed by Mag. Judge Christine Noland ), issued notices. (dcap) (Entered: 10/27/2004)
Tele-conference held (dcap) (Entered: 10/27/2004)
40 ORDER denying [34-1] motion for A Protective Order by EEOC ( signed by Mag. Judge Christine Noland ), issued notices. (dcap) (Entered: 10/27/2004)
41 RETURN on subpoena as to Custodian of Records for Argosy Casino, executed on 10/28/04 (sah) (Entered: 11/03/2004)
42 ORDER .... this matter is sent to USDJ for pretrial and trial dates ... ( signed by Mag. Judge Christine Noland ), issued notices. (nlt) (Entered: 12/28/2004)
43 NOTICE by Joe Christiana Food to take deposition of Custodian of Records of LA Casina Cruises (dcb) (Entered: 01/05/2005)
44 RETURN on Subpoena as to Louisiana Casino Cruises, executed on 1/6/05 (sah) (Entered: 01/13/2005)
45 UNIFORM PRETRIAL NOTICE: Pretrial Conference set for 12/1/2005 at 10:00 AM before Judge Ralph E. Tyson. (SAH, ) (Entered: 03/03/2005)
46 NOTICE of Change of Address by Equal Employment Opportunity Commission, Equal Employment Opportunity Commission (SAH, ) (Entered: 10/19/2005)
47 Notice to Counsel : The Final Pretrial cnf set for 12/1/05 is hereby CONTINUED and REASSIGNED... Final Pretrial Conference reset for 2/21/2006 at 09:30 AM before Chief Judge Ralph E. Tyson. Written Pretrial Order shall be filed by 2/13/06... (SAH, ) (Entered: 11/09/2005)
48 Pretrial Order by Joe Christiana Food Distributors, Inc, Dana Adams, Equal Employment Opportunity Commission. (SAH, ) (Entered: 02/14/2006)
49 Letter dated 2/15/2006 from Charles L. Dirks, III. to RET Re: Settlement of Civil Action (SAH, ) (Entered: 02/21/2006)
50 60 DAY ORDER OF DISMISSAL...This action is hereby DISMISSED without prejudice to the right, upon good cause shown within sixty (60) days, to reopen the action if the settlement is not consummated.. Signed by Judge Ralph E. Tyson on 2/17/2006.(SAH, ) (Entered: 02/21/2006)
51 CONSENT DECREE . Signed by Judge Ralph E. Tyson on 3/9/2006. (SAH, ) (Entered: 03/10/2006)

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