ORIGINAL '! CLERK'S OFF'CE :).C. Atlanta

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF GEORGIA
ATLANTA DIVISION

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,

Civil Action No .

(TO -2 I6U Deputy Clerk

Plaintiff,
Vs.
ATLANTA RENT-A-CAR SERVICES, INC., d/b/a ATLANTA RENT-A- CAR, INC.,
Defendant.

1 :03-CU-2631 °.
JURY TRIAL DEMANDED

COMPLAINT 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 religion, and to provide appropriate relief to the charging parties, Ms . Linda Ayers ("Ayers") and Michelle Jean-Marie ("Jean-Marie"), who were adversely affected by such practices . Defendant failed to consider Ayers and Jean-Marie for employment and otherwise denied Ayers and Jean-Marie employment at Defendant's facilities because of their religion, Muslim . Defendant's conduct during the interview
ransg ~--~ ~~ ---
Pretriallnshuctipnq Title VII NfC
I

process chilled any further efforts by either Ayers or Jean-Marie to seek employment with the Defendant, as the latter effort would have been an useless act given Defendant's expressed hostility towards the Muslim religion and the religious dress requirements of the Muslim religion .
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(fl(1) and (3) of Title VII of the Civil Rights Act of 1964, as amended, 42 U .S .C : 2000e-5(fl(1) and (3) (Title VII), and Section 102 of the 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 Northern District of Georgia, Atlanta Division .
PARTIES 3 . Plaintiff, the Equal Employment Opportunity Commission (the "Commission"), is the agency of the United States of America charged with the
2

administration, interpretation and enforcement of Title VII and is expressly authorized to bring this action by Section 7060(1) and (3) of Title VII, 28 U.S .C . § 2000e-5(f)(1)and(3).
4. At all relevant times, Defendant Atlanta Rent-A-Car Services, Inc . d/bla as Atlanta Rent-A-Car, Inc . ("Defendant") has continuously been a corporation doing business in the State of Georgia and the city of Atlanta (and other cities contiguous to Atlanta), and has continuously had at least 15 employees.
5 . At all relevant times, Defendant has continuously been an employer engaged in an industry affecting commerce under Section 70l(6), (g) and (h) of Title VII, 42 U.S .C. § 2000e(b), (g) and (h) .
STATEMENT OF CLAIMS 6. More than 30 days prior to the institution of this lawsuit, Ayers filed her charge with the Commission alleging a violation of Title VII by Defendant . More than 30 days prior to the institution of this lawsuit, Jean-Marie filed her charge with the Commission alleging a violation of Title VII by Defendant . All conditions precedent to the institution of this lawsuit have been fulfilled .
3

7 . Since at least March 2001, Defendant engaged in unlawful employment practices at its Atlanta, Georgia, facilities, in violation of Sections 703(a) of Title VII, 42 U.S .C . §§ 2000e-2(a) by failing to considerAyers and Jean-Marie for employment and to otherwise deny them employment because of their religion, Muslim .
8 . The effects of the practices complained of in paragraph 7 above have been to deprive Ayers and Jean Marie of equal employment opportunities and otherwise adversely affect their status as employees because of their religion, Muslim .
9 . The unlawful employment practices complained of in paragraph 7 above were intentional and were carried out with malice and/or reckless indifference to the federally protected rights of Ayers and Jean-Marie .
PRAYER FOR RELIEF Wherefore, the Commission respectfully requests that this Court: A. Grant a permanent injunction enjoining Defendant, its officers, successors, assigns and all persons in active concert or participation with it, from engaging in religious discrimination and any other employment practice which discriminates on the basis of religion .
4

B . Order Defendant to institute and carry out policies, practices, and programs which provide equal employment opportunities for the victims of religious discrimination and which eradicate the effects of its past and present unlawful employment practices.
C. Order Defendant to male whole Ayers and Jean-Marie, respectively, who were adversely affected by Defendant's discriminatory conduct, by providing appropriate back pay with prejudgment interest, in amounts to be determined at trial, and other affirmative relief necessary to eradicate the effects of its unlawful employment practices, including but not limited to front pay and/or rightful-place reinstatement of Ayers and Jean-Marie .
D. Order Defendant to make whole Ayers and Jean Marie, respectively, by providing compensation for past and future pecuniary losses resulting from the unlawful employment practices described above, including job search expenses, in amounts to be determined at trial .
E . Order Defendant to make whole Ayers and Jean Marie, respectively, by providing compensation for non-pecuniary losses resulting from the unlawful
5

employment practices described above, including emotional pain and suffering, anxiety, stress, depression, and humiliation, in amounts to be determined at trial .
F. Order Defendant to pay to Ayers and Jean-Marie, respectively, punitive damages for Defendant's malicious and reckless conduct described above, 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 .
[Signatures on following page]
6

Respectfully submitted, Eric Dreiband General Counsel
S . obert Royal Regional Attorney Georgia Bar No . 617505 U. S . EQUAL EMPLOYMENT OPPORTUNITY COMMISSION ATLANTA DISTRICT OFFICE 100 Alabama St ., SW, Suite 41130 Atlanta, Georgia 30303 Telephone: (404) 562-6812 or -6932 Facsimile : (404) 562-6905
7

CERTIFICATE OF COMPLIANCE WITH LR S.1B, NDGa Plaintiff hereby certifies that, pursuant to LR S .1B, NDGa, this pleading was prepared with 14 point Times New Roman font.
Respectfully submitted,

4

4/

S . obert Royal

Georgia Bar No. 617505

Regional Attorney

U. S . Equal Employment Opportunity Commission

Atlanta District Office

100 Alabama St., SW, Suite 4R30

Atlanta, Georgia 30303

Telephone: (404) 562-6820 or -6932

Facsimile : (404) 562-6905

8

 
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EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,

Plaintiff, VS .

Civil Action No. 1 :03-CV-2631 - eL V

ARAC, INC., FORMERLY d/b/a ATLANTA RENT-A-CAR, INC.,

JURY TRIAL DEMANDED

Defendants .

AMENDED COMPLAINT 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 ofreligion, and to pr'ov'ide appropriate relief to the charging parties, Ms. Linda Ayers ("Ayers") and Michelle Jean-Marie ("Jean-Marie"), who were adversely affected by such practices . The Defendant failed to consider Ayers and Jean-Marie for employment and otherwise denied Ayers and Jean-Marie employment at the Defendant's facilities because of their religion, Muslim . The Defendant's conduct

6
l
during the interview process C11iIiCu u17}' IUlll7Ci cfi0c,-..w.1u..~.o.;.r..h.... . .~ .  _ . If-ivin i'le
iG Sccn~ . emp lo.y~,m~evntitli rhP Defendant, as the latter effort wound have been a useless act given Defendant's expressed hostility towards the Muslim religion and the religious dress requirements of the Muslim religion .
JURISDICTION AND VENUE 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 VII of the Civil Rights Act of 1964, as amended, 42 U.S .C. § 2000e-5(x(1) and (3) (Title VII), and Section 102 of the Civil Rights Act of 1991, 42 U.S .C . § 1981a. Z . The employment practices alleged to be unlawful were committed within the jurisdiction of the United States District Court for the Northern District of Georgia, Atlanta Division .
PARTIES 3 . Plaintiff, the Equal Employment Opportunity Commission (the "Commission"), is the agency of the United States of America charged with the
2

e
administration , interpretation and CC:tUfcCiiicii4 of .1d1~ VI ; and 1S exprr-e--s-s-l~y
authorized t^ hrina thi.s_ action by Section /0b(f)(1) and ~i~~~) uic 1'li~~z V I I , 7~.$ U .S . C . ~'
2000e-5(fl( I )and (3) . 4. At all relevant times, the Defendant ARAC, Inc ., formerly d/b/a Atlanta
Rent-A-Car, Inc., ("Defendant"), has continuously been a corporation doing business in the State of Georgia and the city of Atlanta (and other cities contiguous to Atlanta), and has continuously had at least 15 employees.
5 . At all relevant times, the Defendant has continuously been an employer engaged in an industry affecting commerce under Section 701(b), (g) and (h) of Title VII, 42 U.S .C . § 2000e(b), (g) and (h) .
STATEMENT OF CLAIMS 6 . More than 30 days prior to the institution of this lawsuit, Ayers filed her charge with the Commission alleging a violation of Title VII by the Defendant. More than 30 days prior to the institution of this lawsuit, Jean-Marie tiled her charge with the Commission alleging a violation of Title VII by the Defendant. All conditions precedent to the institution of this lawsuit have been fulfilled.
3

E

7.

Since at least March 2001, the DCle:luaiii cn~us~u :^ unlawful

CIIiYiG'y'iTicnt practices, 2.. :tc Atla_nfa , Georgia, facilities, 111 violation Ul JOCilOi15 703"aa)l
of'Title VII, 42 U.S .C . §§ 2000e-2(a) by failing to consider Ayers and Jean-Marie for

employment and to otherwise deny them employment because of their religion,

Muslim .

8 . The effects of the practices complained of in paragraph 7 above have

been to deprive Ayers and Jean Marie of equal employment opportunities and

otherwise adversely affect their status as employees because oftheir religion, Muslim .

9 . The unlawful employment practices complained ofin paragraph 7 above

were intentional and were carried out with malice and/or reckless indifference to the

federally protected rights of Ayers and Jean-Marie .

PRAYER FOR RELIEF

Wherefore, the Commission respectfully requests that this Court :

A. Grant a permanent injunction enjoining the Defendant, its officers,

successors, assigns and all persons in active concert or participation with it, from engaging in religious discrimination and any other employment practice which
4

i
discriminates on the basis o: religion . g, Order the Defendant to institute and carry out policies, practices, and
programs which provide equal employment opportunities for the victims of religious discrimination and which eradicate the effects of its past and present unlawful employment practices .
C . Order the Defendant to make whole Ayers and Jean-Marie, respectively, who were adversely affected by the Defendant's discriminatory conduct, by providing appropriate back pay with prejudgment interest, in amounts to be determined at trial, and other affirmative relief necessary to eradicate the effects of its unlawful employment practices, including but not limited to front pay and/or rightful-place reinstatement of Ayers and Jean-Marie .
D. Order the Defendant to make whole Ayers and Jean Marie, respectively, by providing compensation for past and future pecuniary losses resulting from the unlawful employment practices described above, including job search expenses, in amounts to be determined at trial .
E . Order the Defendant to make whole Ayers and Jean Marie, respectively, 5

by

providing compensation

for non-pecuniary

____ .. losses

resu

., ., lting

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t~.he

unlawful

employment -m-ti--S described above, including emotional pain and su~~r_.~.:«_~g,

anxiety, stress, depression, and humiliation, in amounts to be determined at trial .

F. Order the Defendant to pay to Ayers and Jean-Marie, respectively,

punitive damages for the Defendant's malicious and reckless conduct described

above, 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 .

(signatures on the following page) 6

I(CspGl,l1Ul1~ iuvuu~wu,
Eric Dreiband General Counsel
rV S . obert Royal Regional Attorney Georgia Bar No. 617505 U . S . EQUAL EMPLOYMENT OPPORTUNITY COMMISSION ATLANTA DISTRICT OFFICE 100 Alabama St., SW, Suite 4R30 Atlanta, Georgia 30303 Telephone : (404) 562-6812 or 6932 Facsimile : (404) 562-6905
7

CERTIFICATE UN' CUMPLlF1:VCr, WI li1 Ln 5.18. .".'L:a Plaintiff hereby certifies that, pursuant to LR 5 .1 B, NDGa, this pleading was prepared with 14 point Times New Roman font.
Respectfully submitted,
S . kobert Royal Georgia Bar No . 617505 Regional Attorney U. S . Equal Employment Opportunity Commission Atlanta District Office 100 Alabama St ., SW, Suite 4R30 Atlanta, Georgia 30303 Telephone : (404)562-681 .'1 or 6932 Facsimile : (404) 562-6905
8

Iti THE IJ ~tiI TED SiaiEn ~ r li7 I [~~T~T ~7 v !~`T ~ / ~~. /.~1~/,I .. . FOR THE NORTHIERN DISTRICT OF GEORGIA
ATi,t,NT.: D::':SION

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,

Plaintiff, v.

Civil Action No. 1 :03-CV-2631

ARAC, INC ., FORMERLY dlb/a ATLANTA RENT-A-CAR, INC.,

Defendant.

CERTIFICATE OF SERVICE
I hereby certify that a copy of the foregoing AMENDED COMPLAINT
has, on this the 2nd day of June, 2004, been sent by facsimile and first class mail
to the following counsel of record :
Matthew Moffett, Esq . Chris Ziegler, Esq. Gray, Rust, St . Amand, Moffett & Brieske LLP 300 Mayfair Royal 181 14th Street, NE Atlanta, Georgia 30309

A ,. ~~-~
`'S. Kobel"f. Royal j
Regional Attorney Georgia Bar Number : 617505
Equal Employment Opportunity Commission Atlanta District Office 100 Alabama St., Ste. 4R30 Atlanta, Georgia 30303
(404) 562-6812 (404) 562-6905 (fax) Counsel for Plaintiff

 
 • .ORIGINAL

•

(
fIlED IN CLERII'I;; OfFICe
'3'.S,D,C,'AkL.atA

SEP 2 - 2004

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF GEORGIA

~T~iZOMI\$. Clerk

ATLANTA DIVISION

4_..

pu~'erk

EQUAL EMPLOYMENT

)

OPPORTUNITY COMMISSION,

)

)

Plaintiff,

)

)

Civil Action File No.

vs.

)

1:03-CV-2631-RLV

i

)

ARAC, INC., FORMERLYd/b/a

)

ATLANTA RENT-A-CAR, INC.,

)

)

Defendant.

)

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

STIPULATION OF DISMISSAL

Pursuant to Fed. R.Civ.P. 41(a)(1)(ii), Plaintiff, Equal Employment

Opportunity Commission ("EEOC"), stipulates to the dismissal of the above-

captioned action without order of court and with prejudice. The Defendant has not

made an appearance in this action. Therefore, the EEOC is the sole signatory to

this stipulation.

Entered as dJ,~lssed pursuant to
Rule 41 (a)(I)vrl!?' F.R.C.P.
Clerk

(Signature on the following page)

• •
Regional Attorney Ga. Bar Number 617505
EEOC - Legal Unit 100 Alabama Street, Suite 4R30 Atlanta, GA 30303 (404) 562-6812 Attorney for Plaintiff EEOC

 
 CM/ECF LIVE v3 - U.S. District Court - Docket Report

Page 1 of 3

4months, CLOSED, STAY, TitleVII
U.S. District Court Northern District of Georgia (Atlanta) CIVIL DOCKET FOR CASE #: 1:03-cv-02631-RLV

Equal Employment Opp v. ARAC, Inc. Assigned to: Judge Robert L. Vining, Jr Demand: $0 Cause: 42:2000e Job Discrimination (religion)

Date Filed: 09/02/2003 Date Terminated: 09/02/2004 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

Plaintiff
Equal Employment Opportunity Commission

represented by S. Robert Royal Equal Employment Opportunity Commission Atlanta District Office-Legal Unit 100 Alabama Street, S.W. 4R30 Atlanta Federal Center Atlanta, GA 30303-8704 404-562-6820 Email: stan.royal@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

V.
Defendant
Atlanta Rent-A-Car Services, Inc. TERMINATED: 06/02/2004 doing business as Atlanta Rent-A-Car, Inc.

represented by Christopher Mattes Ziegler Gray Rust St. Amand Moffett & Brieske 181 14th Street, N.E. 300 Mayfair Royal Atlanta, GA 30309 404-870-7386 Email: cziegler@grsmb.com TERMINATED: 06/02/2004 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Matthew G. Moffett Gray, Rust, St. Amand, Moffett & Brieske, LLP Suite 1700 950 East Paces Ferry Road Atlanta, GA 30326 404-870-7390 Email: rgm@grsmb.com

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CM/ECF LIVE v3 - U.S. District Court - Docket Report

Page 2 of 3

Defendant
ARAC, Inc. doing business as Atlanta Rent-A-Car, Inc.

TERMINATED: 06/02/2004 LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Christopher Mattes Ziegler (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Matthew G. Moffett (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed 09/02/2003
09/02/2003 10/24/2003
11/10/2003 11/19/2003 12/01/2003 12/05/2003 12/05/2003 12/05/2003 12/08/2003 12/08/2003 12/09/2003

#

Docket Text

1 COMPLAINT filed. Consent form to proceed before U.S. magistrate and pretrial instructions given to attorney; jury demand (jdb) (Entered: 09/03/2003)

CASE REFERRED to Mag Judge Walter E. Johnson (Calendar sheets forwarded and notice sent to counsel) (jdb) (Entered: 09/03/2003)

2 WAIVER OF SERVICE Returned Executed as to Atlanta Rent-A-Car mailed 10/10/03 Answer due by 12/9/03 for Atlanta Rent-A-Car (cdg) (Entered: 10/28/2003)

3 ANSWER by defendant to complaint [1-1] Discovery ends 4/8/04 (cdg) (Entered: 11/12/2003)

4 ANSWERS TO INITIAL DISCLOSURES by plaintiff (cdg) (Entered: 11/20/2003)

5 AMENDED ANSWER to [3-1] answer by defendant (cdg) (Entered: 12/03/2003)

6 Certificate of interested persons. (to mag) (cdg) (Entered: 12/09/2003)

7 Preliminary Report and Discovery Schedule. (to mag) (cdg) (Entered: 12/09/2003)

8 Certificate of service for joint certificate of interested persons as to plaintiff (cdg) (Entered: 12/09/2003)

9 ANSWERS TO INITIAL DISCLOSURES by defendant (cdg) (Entered: 12/09/2003)

10 Certificate of servicefor request for production of documents as to defendant (cdg) (Entered: 12/09/2003)

11 Certificate of service of request for discovery as to plaintiff (cdg) (Entered: 12/10/2003)

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CM/ECF LIVE v3 - U.S. District Court - Docket Report

Page 3 of 3

12/17/2003 01/12/2004 01/15/2004 03/30/2004 04/02/2004 04/08/2004
06/02/2004 06/07/2004 07/07/2004 07/16/2004 09/02/2004 09/02/2004

12 SCHEDULING ORDER by Mag Judge Walter E. Johnson APPROVING [7-1] preliminary statement, Discovery ends 4/8/04 (cc) (cdg) (Entered: 12/19/2003)
13 Certificate of service for disocvery as to plaintiff (cdg) (Entered: 01/14/2004)
14 Certificate of service for discovery as to defendant (cdg) (Entered: 01/16/2004)
15 Joint MOTION to drop party dfts, add a party dft , to amend [1-1] complaint , to extend time for discovery (jph) (Entered: 04/01/2004)
16 Certificate of service as to Notice of Deposition of Pandora Evans by plaintiff (jph) (Entered: 04/12/2004)
17 ORDER by Mag Judge Walter E. Johnson GRANTING [15-1] joint motion to drop party dfts, add a party dft, GRANTING [15-2] joint motion to amend [1-1] complaint, GRANTING [15-3] joint motion to extend time for discovery (cc by Mag) (jph) Modified on 05/10/2004 (Entered: 05/10/2004)
18 AMENDED COMPLAINT by plaintiff adding ARAC, Inc., d/b/a Atlanta Rent-A-Car, Inc.; jury demand (adg) (Entered: 06/04/2004)
19 MOTION by plaintiff to stay proceedings with prop order. (cdg) (Entered: 06/10/2004)
SUBMITTED to Mag Judge Walter E. Johnson on [19-1] motion to stay proceedings *e-mail Kari* (cdg) (Entered: 07/07/2004)
20 ORDER granting 19 Motion to Stay proceedings for 30 days. Signed by Judge Walter E. Johnson on 7/16/04. (jph) (Entered: 07/26/2004)
21 STIPULATION of Dismissal with prejudice pursuant to FRCP 41.a.1.ii and approved by deputy clerk by Equal Employment Opportunity Commission. (cdg) (Entered: 09/15/2004)
Case no longer referred to Walter E. Johnson. (cdg) (Entered: 10/05/2004)

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