2005 WL 3159858 (N.D.Ga.) (Cite as: 2005 WL 3159858)

Page 1

For Dockets See 4:05cv00207
Call Westlaw CourtExpress at 1-877-DOC-RETR (1-877-362-7387)to order copies of documents related to this or other matters.Additional charges applyUnited States District Court, N.D. Georgia, Rome Division. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Plaintiff, v. BELLSOUTH TELECOMMUNICATIONS, Defendant. Civil Action No. 4 05-CV-207-HLM. September 29, 2005.
Jury Trial Demanded
Complaint
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 (“Title VII”) to correct unlawful employment practices on the basis of race, and to provide appropriate relief to Ms. Pasha Burge, who was adversely affected by such practices. As expressed in greater detail below, Ms. Burge was employed by BellSouth Telecommunications as a sales associate at Defendant's Rome, Georgia facilities and applied several times for the position of “branch sales coach”. Respondent failed to promote Ms. Burge despite her tenure, experience and proven performance as a sales associate with Defendant. Instead, it promoted less qualified non-black employees in violation of Title VII.
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(f)(l) and (3) of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e-5(f)(l) 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, Rome Division.
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)(l) and (3) of Title VII, 28 U.S.C. § 2000e-5(f)(l)and(3).

© 2007 Thomson/West. No Claim to Orig. U.S. Govt. Works.

2005 WL 3159858 (N.D.Ga.) (Cite as: 2005 WL 3159858)

Page 2

4. At all relevant times, Defendant BellSouth Telecommunications (“Defendant”) has continuously been a corporation doing business in the State of Georgia and the City of Rome, 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 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, Ms. Burge filed her charge with the Commission alleging violations of Title VII by Defendant. All conditions precedent to the institution of this lawsuit have been fulfilled.
7. Since at least February 2004, Defendant engaged in unlawful employment practices at its Rome, Georgia facilities in violation of Section 703(a) of Title VII, 42 U.S.C. § § 2000e-3(a), by denying Ms. Burge promotions to the position of branch sales coach.
8. The effects of the practices complained of in paragraph 7 above have been to deprive Ms. Burge of equal employment opportunities and otherwise adversely affect her status as an employee because of her race.
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 carried out with malice and/or reckless indifference to the federally protected rights of Ms. Burge.
PRAYER FOR RELIEF
Wherefore, the Commission respectfully requests that this Court:
A. Grant a permanent injunction enjoining Defendant, its officers, successors, assigns and all other persons in active concert or participation with it, from engaging in employment practices which discriminate on the basis of race.
B. Order Defendant to institute and carry out policies, practices, and programs which provide equal employment opportunities for black employees, and which eradicate the effects of its past and present unlawful employment practices.
C. Order Defendant to make whole Ms. Burge, who was adversely affected by Defendant's discriminatory conduct, by providing appropriate back pay with prejudgement 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 the promotion of Ms. Burge.
D. Order Defendant to make whole Ms. Burge by providing compensation for past and future pecuniary losses resulting from the unlawful employment practices described

© 2007 Thomson/West. No Claim to Orig. U.S. Govt. Works.

2005 WL 3159858 (N.D.Ga.) (Cite as: 2005 WL 3159858)

Page 3

above in amounts to be determined at trial.
E. Order Defendant to make whole Ms. Burge by providing compensation for nonpecuniary losses resulting from the unlawful employment practices described above, including emotional pain and suffering, inconvenience, loss of enjoyment of life, anxiety, stress, depression, and humiliation, in amounts to be determined at trial.
F. Order Defendant to pay to Ms. Burge 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. Respectfully submitted, S. Robert 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, Facsimile: (404) 562-6905
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Plaintiff, v. BELLSOUTH TELECOMMUNICATIONS, Defendant. 2005 WL 3159858 (N.D.Ga.)
END OF DOCUMENT

© 2007 Thomson/West. No Claim to Orig. U.S. Govt. Works.

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

EQUAL EMPLOYMENT

)

OPPORTUNITY COMMISSION,

)

)

Plaintiff,

)

)

)

BELLSOUTH TELECOMMUNICATIONS, )

)

Defendant.

)

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

Civil Action No. 4:05-CV-207-HLM

CONSENT DECREE This action was instituted on September 29, 2005, by the Equal Employment Opportunity Commission (hereinafter, the "Commission" or "EEOC") against the Defendant BellSouth Telecommunications (hereinafter, the "Defendant") pursuant to Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. 2000e et seq. (hereinafter "Title VII"), and the Civil Rights Act of 1991,42 U.S.C. 1981a, to remedy the alleged wrongful employment practices identified in the Complaint filed in this action. The Commission alleged in its Complaint that the Defendant acted unlawfully by failing to promote Pascha Burge (hereinafter "Burge") to the position of branch sales coach because of her race in violation of Title VII. In its Complaint, the Commission also sought make whole relief including, but not limited to, back pay with interest, compensatory and punitive damages, and injunctive and other affirmative relief. The Defendant filed its Answer on December 6, 2005. In its Answer, the Defendant denied that it violated Title VII as alleged by the Commission in its

1

Complaint. It also denied that the Commission and/or Ms. Burge should be awarded any relief in this matter.
The parties to this action desire to avoid the additional expense, delay and uncertainty which would result from the continuance of this litigation, and desire to formulate a plan to be embodied in a Consent Decree which will continue to promote and effectuate the purposes of Title VII. This Court has jurisdiction of the subject matter of this action and ofthe parties to this action.
This Court has reviewed the terms of the proposed Consent Decree in light of the pleadings and the applicable law and regulations, and has approved this Consent Decree as one which will promote and effectuate the purposes of Title VII.
Now, therefore, this Court being fully advised in the premises, it is hereby ORDERED, ADJUDGED AND DECREED:
I. JURISDICTION AND VENUE 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(f)(1) and (3) of Title ViI ofthe Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e-5(f)(I) and (3), and Section 102 of the Civil Rights Act of 1991, 42 U.S.C. § 1981a.
II. DISCLAIMER OF VIOLATION It is understood and agreed that the negotiation, execution and entry of this Consent Decree by the parties shall not constitute an adjudication or finding on the merits of this case, and shall not be construed as an admission by either party with respect to the claims or defenses asserted in this case. Nothing in this Consent Decree shall be admissible in any other judicial or administrative proceeding for any purpose except to enforce the terms of this Consent Decree.
III. NON-RETALIATION PROVISION The Defendant shall not retaliate against any person because that person is a
2

beneficiary of the Consent Decree, or has provided information or assistance, or has participated in any other manner in any investigation or proceeding relating to this lawsuit, the underlying charge of discrimination, or the Consent Decree. The Defendant shall not retaliate or take any adverse action against Pascha Burge in the future because she filed a charge of discrimination against the Defendant or otherwise participated in the equal employment opportunity process.
IV. INSTRUCTION TO MANAGEMENT Within thirty (30) days from the entry of this Consent Decree, the Defendant shall certifY, in writing, to the Commission that all supervisory personnel assigned to Defendant's Rome, Georgia Small Business Services Center have been instructed as to the terms of this Consent Decree (other than the monetary amount of the settlement), and the full meaning of the provisions of the Notice to be posted, and that the Defendant has reaffirmed with these employees that employment decisions are not to be made on any basis that is prohibited by Title VII.
V. TRAINING The Defendant shall during the term of this Consent Decree, hold at least one training session, to be attended by supervisory personnel (managers and supervisors) assigned to Defendant's Rome, Georgia Small Business Services Center, on their rights and obligations arising under Title VII, including, but not limited to, the Defendant's obligations to comply with Title VII when making promotion decisions. The Defendant shall provide written certification to the Commission of the completion of this training within thirty (30) days after completion. The certification notice shall include the name(s) and qualifications of the person(s) providing instruction and the names and job titles ofthe attendees. All written notice and certification required by this Consent Decree shall be addressed and forwarded to Robert K. Dawkins, Regional Attorney (hereinafter the "Regional Attorney"), Atlanta District Office, 100 Alabama Street, Suite 4R30,
3

Atlanta, Georgia 30303.
VI. REPORTING REQillREMENT Every six months during the duration of this Consent Decree, the Defendant shall certify in writing to the Regional Attorney whether any African-American employee at its Rome, Georgia Small Business Services Center has complained to management that s/he was denied a promotion because of her race. If an employee has so complained, then the summary report shall state in writing the following: (a) The date of the complaint, (b) The nature of the complaint, (c) The name and title of the Defendant official(s) who received the complaint, (d) What action, if any, was taken by the Defendant in response to the complaint, and (e) Whether the complaint was resolved by Defendant. The required report shall be addressed and forwarded to the Regional Attorney at the above-referenced address.
VII. NOTICES TO BE POSTED The Defendant shall post at its Rome, Georgia facility the Notice attached hereto as Exhibit A for eighteen (18) calendar months immediately following the Court's entry ofthis Consent Decree. The posting required by this paragraph shall
4

be conspicuously made in the employee work area(s) at Defendant's Rome, Georgia Small Business Services Center, so that each employee of the facility will observe at least one such posting when at that Center. The Defendant shall certify the completion ofthe posting within thirty (30) days from the entry of this Consent Decree.
The Commission shall be allowed to enter upon the Defendant's Rome, Georgia Small Business Services Center to confirm Defendant's compliance with this Section VII ofthe Consent Decree. The Commission shall provide Defendant with 10 calendar days notice prior to its entry upon the premise. Should the Notice become defaced, marred, or otherwise unreadable, the Defendant shall ensure that a new, readable copy of the Notice is posted in the same manner as heretofore specified within five (5) business days after learning of the defacement, etc.
VIII. CHARGING PARTY'S INDIVIDUAL RELIEF The Defendant, in settlement of all claims alleged by the Commission in its Complaint, shall issue a check made payable to Pascha Burge in the amount of $26,700 less withholding by Defendant of federal, state and local taxes, within ten (10) days of the entry of the Consent Decree. A check will be forwarded to Ms. Burge by overnight delivery at her place ofresidence at 322 Greenwood Ave., Rome GA 30165. Within five (5) working days of issuing the check to Ms. Burge, the Defendant will mail a copy of the check to the Regional Attorney at the above-
5

referenced address. IX. TERM OF DECREE - PERIOD OF JURISDICTION
This Consent Decree shall continue to be effective and binding upon the parties to this action for a period of eighteen (18) calendar months immediately following the entry of the Consent Decree, provided that all remedial benefits required hereby have been received or offered prior to its expiration, and provided that all required reports and certifications are submitted prior to the expiration date ofthe Consent Decree. If the remedial benefits are not received or offered as agreed in the Consent Decree, or if the required reports are not submitted prior to the expiration date of the Consent Decree, the duration of the Consent Decree will be automatically extended until these provisions are completed.
Upon the Court's execution and entry of this Consent Decree, this case shall be dismissed with prejudice. However, this Court shall retain jurisdiction over this action for the purposes of enforcing this Consent Decree, for eighteen (18) calendar months from the date of entry of this Consent Decree, unless the Court acts, or the Commission has, prior to the expiration of said eighteen (18) month period, moved to enforce compliance with the Consent Decree. Ifthe Court acts, or the Commission has moved to enforce compliance with this Consent Decree within this period, the Court shall retain jurisdiction ofthis action until all issues relating to all such motions which are made during the eighteen month (18) month period have
6

been resolved.
x. COMPLIANCE OFFICIAL
The Defendant has designated Paula Jackson, Director-Human Resources, as the Defendant's Compliance Official who shall be responsible for the Defendant's compliance with the Consent Decree. The Compliance Official is to be responsible for coordinating and overseeing the Defendant's compliance with the specific terms of the Consent Decree during the term of the Consent Decree.
XI. PROCEDURE FOR ENFORCING COMPLIANCE The Commission will attempt to resolve any dispute regarding the enforcement of this Consent Decree by informal consultation before seeking enforcement through the judicial process. The Commission will notify, by first class mail and facsimile, Paula Jackson, Defendant's Compliance Official, or other designee if it has any reason to believe that any action or omission by the Defendant is in violation of the Consent Decree. The Defendant shall have thirty (30) days after the receipt of such notification to cure any such alleged deficiency, and to notify the Commission, by written report addressed to the Regional Attorney, of the measures taken to cure the alleged deficiencies. Ifupon receipt ofthe Defendant's report, the Commission concludes that the deficiency has not been satisfactorily cured by the Defendant, the Commission shall seek to resolve the alleged deficiency through good faith conciliation or mediation. Ifthe alleged deficiency is not resolved within thirty (30) days after the initiation of such good faith conciliation or mediation process, then the Commission may seek enforcement of this Consent Decree through the judicial process. Notwithstanding any of the foregoing, nothing in this agreement shall be
7

deemed to prohibit any matter which occurred during the term of this Consent Decree, and which constitutes a dispute as contemplated by this Section XI, from being fully and completely processed in the manner described in Section XI, even though the dispute is not resolved within thirty (30) days of the termination ofthis Consent Decree.
XII. OTHER ACTIONS The Commission shall not commence or prosecute against the Defendant any action or other proceeding based upon any claims, demands, causes of action, obligations, damages or liabilities which arose out of Ms. Burge's claims that she was denied a promotion to the branch sales coach position by the Defendant in violation of Title VII, as embodied in EEOC Charge Number 110-2004-04699, which was filed with, and investigated by, the EEOC's Atlanta District Office. This Consent Decree in no way affects the Commission's right to process any pending or future charges that may be filed against the Defendant in accordance with standard Commission procedures, and to commence civil actions pursuant to Section 706(f) of Title VII on any such charge. Nothing herein shall preclude the Commission from bringing an action to enforce the provisions of this Consent Decree.
XIII. COSTS AND ATTORNEYS' FEES Each party shall bear its own costs and attorneys' fees for this action. The parties hereto and the undersigned attorneys of record for the parties hereby, consent to the entry of the foregoing Consent Decree.
8

BY CONSENT: For Plaintiff:
slRobert K. Dawkins Robert K. Dawkins, Regional Attorney EQUAL EMPLOYMENT OPPORTUNITY COMMISSION ATLANTA DISTRICT OFFICE 100 Alabama Street, SW Suite 4R30 Atlanta, Georgia 30303 (404) 562-6818 For Defendant: s/Sheldon W. Snipe Sheldon W. Snipe Georgia Bar No. 665790 BELLSOUTH TELECOMMUNICATIONS, INC. 1155 Peachtree Street Suite 1800 Atlanta, Georgia 30309 (404) 249-5120 APPROVED and SIGNED this __ day of _ _ _ _ _ _, 2006.
UNITED STATES DISTRICT COURT JUDGE
9

[Either EEOC or Defendant letterhead] NOTICE
1. This notice is being posted as part of the remedy agreed to between BellSouth Telecommunications, Inc. and the Equal Employment Opportunity Commission in a Consent Decree filed in the United States Federal District Court for the Northern District of Georgia, Rome Division, (Civil Action No. 4:0S-CV-207-HLM).
2. Federal Law requires, in general, that there be no discrimination against any employee or applicant for employment because of the person's race, color, religion, sex, pregnant condition, national origin, disability or age with respect to hiring, firing, compensation or other terms, conditions or privileges of employment.
3. Federal Law also requires, in general, that an employer not retaliate or take any adverse action against an individual because s/he opposed practices that s/he believed were in violation of Title VII or filed charges of discrimination or otherwise participated in the equal employment opportunity process.
4. BellSouth supports and will continue to comply with such Federal Law in all respects and will not take any action against an employee because of their sex, pregnant condition, race, color, religion, national origin, disability or age or because they have exercised their rights under the law.
5. BellSouth has taken and will continue such remedial action as is required by the Consent Decree entered by the United States District Court, including the posting of this notice. The Consent Decree does not constitute a finding of liability against BellSouth.
6. This notice will remain posted for eighteen (18) months, until _ _ _ _ _, 200
10

Signed this ___ day of _ _ _ _ _, 2006.
-Be-ll-So-ut-h -Te-le-co-m-m-un-ic-at-ionfosr, Inc.
DO NOT REMOVE THIS NOTICE UNTIL <INSERT DATE>
11

 
 Case 4:05-cv-00207-HLM-WEJ Document 18 Filed 08/22/2006 Page 1 of 11

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

EQUAL EMPLOYMENT } OPPORTUNITY COMMISSION, )
} Plaintiff, )

Civil Action No .

BELLSOUTH TELECOMMUNICATIONS,)

}

Defendant .

}

4 :05-CV-207-HLM

CONSENT DECREE This action was instituted on September 29, 2005, by the Equal Employment Opportunity Commission (hereinafter, the "Commission" or "EEOC") against the Defendant BellSouth Telecommunications (hereinafter, the "Defendant") pursuant to Title VII of the Civil Rights Act of 1964, as amended, 42 U .S .C . 2000e et sew. (hereinafter "Title VII"), and the Civil Rights Act of 1991, 42 U .S .C . 1981a, to remedy the alleged wrongful employment practices identified in the Complaint filed in this action . The Commission alleged in its Complaint that the Defendant acted unlawfully by failing to promote Pascha Burge (hereinafter "Barge") to the position of branch sales coach because of her race in violation of Title VIL In its Complaint, the Commission also sought make whole relief including, but not limited to, back pay with interest, compensatory and punitive damages, and injunctive and other affirmative relief, The Defendant filed its Answer on December 6, 2005 . In its Answer, the Defendant denied that it violated Title VII as alleged by the Commission in its

Case 4:05-cv-00207-HLM-WEJ Document 18 Filed 08/22/2006 Page 2 of 11
Complaint . It also denied that the Commission and/or Ms . Burgs should be awarded any relief in this matter .
The parties to this action desire to avoid the additional expense, delay and uncertainty which would result from the continuance of this litigation, and desire to formulate a plan to be embodied in a Consent Decree which will continue to promote and effectuate the purposes of Title VII . This Court has jurisdiction of the subject matter of this action and of the parties to this action .
This Court has reviewed the terms of the proposed Consent Decree in light of the pleadings and the applicable law and regulations, and has approved this Consent Decree as one which will promote and effectuate, the purposes of Title VII .
Now, therefore, this Court being fully advised in the premises, it is hereby ORDERED,, ADJUDGED AND DECREED :
Y. J[TRISDICT.IUN AND VENUE Jurisdiction of this Court is invoked pursuant to 28 U.S .C. § § 45 1, 1. 331 , 1337, 1343 and 1345 . Thi s action is authorized and instituted pursuant to Section 7Q6(f)(1) and (3) of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S .C. § 2000e-5(f)(1) and (3), and Section 102 of the Civil Rights Act of 1991, 42 U.S.C. § 1981 a.
II. DISCLAIMER OF VIOLATION It is understood and agreed that the negotiation, execution and entry of this Consent Decree by the parties shall not constitute an adjudication or finding on the merits of this case, and shall not be construed as an admission by either party with respect to the claims or defenses asserted in this case . Nothing in this Consent Decree shall be admissible in any other judicial or administrative proceeding for any purpose except to enforce the terms of this Consent Decree.
III. NON-RETALIATION PROVISION The Defendant shall not retaliate against any person because that person is a

Case 4 :05-cv-00207-HLM-WEJ Document 18 Filed 08/22/2006 Page 3 of 11
beneficiary of the Consent Decree, or has provided information or assistance, or has participated in any other manner in any investigation or proceeding relating to this lawsuit, the underlying charge of discrimination, or the Consent Decree . The Defendant shall not retaliate or take any adverse action against Pascha Barge in the future because she filed a charge of discrimination against the Defendant or otherwise participated in the equal employment opportunity process .
W. INSTRUCTION TO MANAGEMENT Within thirty (30) days from the entry of this Consent Decree, the Defendant shall certify, in writing, to the Commission that all supervisory personnel assigned to Defendant's Rome, Georgia Small Business Services Center have been instructed as to the terms of this Consent Decree (other than the monetary amount of the settlement), and the full meaning of the provisions of the Notice to be posted, and that the Defendant has reaffirmed with these employees that employment decisions are not to be made on any basis that is prohibited by Title VII .
V. TRAINING The Defendant shall during the term of this Consent Decree, hold at least one training session, to be attended by supervisory personnel (managers and supervisors) assigned to Defendant's Rome, Georgia Small Business Services Center, on their rights and obligations arising under Title VII, including, but not limited to, the Defendant's obligations to comply with Title VII when making promotion decisions . The Defendant shall provide written certification to the Commission of the completion of this training within thirty (30) days after completion . The certification notice shall include the name(s) and qualifications of the person(s) providing instruction and the names and job titles of the attendees . All written notice and certification required by this Consent Decree shall be addressed and forwarded to Robert K . Dawkins, Regional Attorney (hereinafter the "Regional Attorney"), Atlanta District Office, 100 Alabama Street, Suite 4R30,

Case 4 :05-cv-00207-HLM-WEJ Document 18 Filed 08/22/2006 Page 4 of 11
Atlanta, Georgia 30303 .
VI. REPORTING REQUIREMENT Every six months during the duration of this Consent Decree, the Defendant shall certify in writing to the Regional Attorney whether any African-American employee at its Rome, Georgia Small Business Services Center has complained to management that s/he was denied a promotion because of her race . If an employee has so complained, then the summary report shall state in writing the following : (a) The date of the complaint, (b) The nature of the complaint, (c) The name and title of the Defendant official(s) who received the complaint , (d) What action, if any, was taken by the Defendant in response to the complaint , and (e) Whether the complaint was resolved by Defendant . The required report shall be addressed and forwarded to the Regional Attorney at the above-referenced address .
VII. NOTICES TO BE POSTED The Defendant shall post at its Rome, Georgia facility the Notice attached hereto as Exhibit A for eighteen ( 1 8) calendar months immediately following the Court's entry of this Consent Decree. The posting required by this paragraph shall

Case 4 :05-cv-00207-HLM-WEJ Document 18 Filed 08/22/200.6 Page 5 of 11
be conspicuously made in the employee work area(s) at Defendant's Rome, Georgia Small Business Services Center, so that each employee of the facility will observe at least one such posting when at that Center . The Defendant shall certify the completion of the posting within thirty (3 0) days from the entry of this Consent Decree .
The Commission shall be allowed to enter upon the Defendant's Rome, Georgia Small Business Services Center to confirm Defendant's compliance with this Section VII of the Consent Decree . The Commission shall provide Defendant with 10 calendar days notice prior to its entry upon the premise . Should the Notice become defaced, marred, or otherwise unreadable, the Defendant shall ensure that a new, readable copy of the Notice is posted in the same manner as heretofore specified within five (5) business days after learning of the defacement, etc .
'V'III. CHARGING PARTY'S INDIVIDUAL RELIEF The Defendant, in settlement of all claims alleged by the Commission in its Complaint, shall issue a check made payable to Pascha Barge in the amount of $26,700 less withholding by Defendant of federal, state and local taxes, within ten (10) days of the entry of the Consent Decree . A check will be forwarded to Ms. Barge by overnight delivery at her place of residence at 322 Greenwood Ave ., Rome GA 30165. Within five (5) working days of issuing the check to Ms. purge, the Defendant will mail a copy of the check to the Regional Attorney at the above-

Case 4:05-cv-00207-HLM-WEJ Document 18 Filed Q812212006 Page 6 of 11
referenced address. TX TERM OF DECREE -PERIOD] OF JURISDICTION
This Consent Decree shall continue to be effective and binding upon the parties to this action for a period of eighteen (18) calendar months immediately following the entry of the Consent Decree, provided that all remedial benefits required hereby have been received or offered prior to its expiration, and provided that all required reports and certifications are submitted prior to the expiration date of the Consent Decree . If the remedial benefits are not received or offered as agreed in the Consent Decree, or if the required reports are not submitted prior to the expiration date of the Consent Decree, the duration of the Consent Decree will be automatically extended until these provisions are completed.
Upon the Court's execution and entry of this Consent Decree, this case shall be dismissed with prejudice . However, this Court shall retain jurisdiction over this action for the purposes of enforcing this Consent Decree, for eighteen (18) calendar months from the date of entry of this Consent Decree, unless the Court acts, or the Commission has, prior to the expiration of said eighteen (18) month period, moved to enforce compliance with the Consent Decree . If the Court acts, or the Commission has moved to enforce compliance with this Consent Decree within this period, the Court shall retain jurisdiction of this action until all issues rebating to all such motions which are made during the eighteen month (18) month period have

Case 4:05-cv-00207-HLM-WEJ Document 18 Filed 08/22/2006 Page 7 of 11
been resolved.
X. COMPLIANCE OFFICIAL The Defendant has designated Paula Jackson, Director-Human Resources, as the Defendant's Compliance Official who shall be responsible for the Defendant's compliance with the Consent Decree . The Compliance Official is to be responsible for coordinating and overseeing the Defendant's compliance with the specific terms of the Consent Decree during the term of the Consent Decree .
XI. PROCEDURE FOR ENFORCING COMPLIANCE The Commission will attempt to resolve any dispute regarding the 'enforcement of this Consent Decree by informal consultation before seeking enforcement through the judicialprocess . The Commission will notify, by first class mail and facsimile, Paula Jackson, Defendant's Compliance official, or other designee if it has any reason to believe that any action or omission by the Defendant is in violation of the Consent Decree . The Defendant shall have thirty (30) days after the receipt of such notification to cure any such alleged deficiency, and to notify the Commission, by written report addressed to the Regional Attorney, of the measures taken to cure the alleged deficiencies . If upon receipt of the Defendant's report, the Commission concludes that the deficiency has not been satisfactorily cured by the Defendant, the Commission shall seek to resolve the alleged deficiency through good faith conciliation or mediation . If the alleged deficiency is not resolved within thirty (30) days after the initiation of such good faith conciliation or mediation process, then the Commission may seek enforcement of this Consent Decree through the judicial process . Notwithstanding any of the foregoing, nothing in this agreement shall be

Case 4:05-cv-00207-HLM-WEJ Document 18 Filed 08/22/2006 Page 8 of 11
deemed to prohibit any matter which occurred during the term of this Consent Decree, and which constitutes a dispute as contemplated by this Section XI, from being fully and completely processed in the manner described in Section XI, even though the dispute is not resolved within thirty (30) days of the termination of this Consent Decree.
XII. OTHER ACTIONS The Commission shall not commence or prosecute against the Defendant any action or other proceeding based upon any claims, demands, causes of action, obligations, damages or liabilities which arose out of Ms . Burge's claims that she was denied a promotion to the branch sales coach position by the Defendant in violation of Title VII, as embodied in EEOC Charge Number 110-2004-04699, which was filed with, and investigated by, the EEOC's Atlanta District Office . This Consent Decree in no way affects the Commission's right to process any pending or future charges that may be filed against the Defendant in accordance with standard Commission procedures, and to commence civil actions pursuant to Section 706(f) of Title VII on any such charge . Nothing herein shall preclude the Commission from bringing an action to enforce the provisions of this Consent Decree .
XIII. COSTS AND ATTORNEYS' FEES Each party shall bear its own costs and attorneys' fees for this action . The parties hereto and the undersigned attorneys of record for the parties hereby, consent to the entry of the -foregoing Consent Decree .

Case 4 :05-cv-00207-HLM-WEJ Document 18 Filed 0812212006 Page 9 of 11

BY CONSENT: For Plaintiff:

s/Robert K. Dawkins Robert K. Dawldns, Regional Attorney EQUAL EMPLOYMENT OPPORTUNITY COMMISSION ATLANTA DISTRICT OFFICE 1 00 Alabama Street, S W Suite 4R30 Atlanta, Georgia 30303 .(404) 562-6818

For Defendant :

slSheldon W. Snipe .,

Sheldon W. Snipe

Georgia Bar No. 665790

BELLSOUTH TELECOMMUNICATIONS, INC. 1155 Peachtree Street

Suite 1800

Atlanta, Georgia 30309

(404) 249-5120

~~

APPROVED and SIGNED this °~ day of

2006 .

UNITED ESTATES DI9MGT CO

Case 4 :05-cu-00207-HLM-WEJ Document 18 Filed 08/22/2006 Page 10 of 11
[Either EEOC or Defendant letterhead] NOTICE
1 . This notice is being posted as part of the remedy agreed to between BellSouth Telecommunications, Inc. and the Equal Employment Opportunity Commission in a Consent Decree filed in the United States Federal District Court for the Northern District of Georgia, Rome Division, (Civil Action No . 4 :05-CV-207-HLM}.
2. Federal Law requires, in general, that there be no discrimination against any employee or applicant for employment because of the person's race, color, religion, sex, pregnant condition, national origin, disability or age with respect to hiring, firing, compensation or other terms, conditions or privileges of employment .
3 . Federal Law also requires, in general, that an employer not retaliate or take any adverse action against an individual because s/he opposed practices that s/he believed were in violation of Title VII or filed charges of discrimination or otherwise participated in the equal employment opportunity process .
4. BellSouth supports and will continue to comply with such Federal Law in all respects and will not take any action against an employee because of their sex, pregnant condition, race, color, religion, national origin, disability or age or because they have exercised their rights under the law.
5 . BellSouth has taken and will continue such remedial action as is required by the Consent Decree entered by the United States District Court, including the posting of this notice. The Consent Decree does not constitute a finding of liability against BellSouth .
6 . This notice will remain posted for eighteen (18) months, until ,
200

Case 4 :05-cv-00207-HLM-WEJ Document 18 Filed 08/22/2006 Page 11 of 11
Signed this day of , 2006.
for BellSouth Telecommunications, Inc . DO NOT REMOVE THIS NOTICE UNTIL <INSERT DATE

 
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4months, CLOSED, STAY, TitleVII
U.S. District Court Northern District of Georgia (Rome) CIVIL DOCKET FOR CASE #: 4:05-cv-00207-HLM

Equal Employment Opportunity Commission v. BellSouth Telecommunications Assigned to: Judge Harold L. Murphy Cause: 42:2000 Job Discrimination (Race)

Date Filed: 09/29/2005 Date Terminated: 08/25/2006 Jury Demand: Both 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 BellSouth Telecommunications

represented by Sheldon W. Snipe BellSouth Corporation 1155 Peachtree Street NE Suite 1800 Atlanta, GA 30309 404-249-5120 Fax: 404-249-5525 Email: sheldon.snipe@bellsouth.com ATTORNEY TO BE NOTICED

Date Filed 09/29/2005
12/06/2005

#

Docket Text

1 COMPLAINT with Jury Demand filed by pla Equal Employment Opportunity Commission. (Attachments: # 1 Civil Cover Sheet)(jta) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. (Entered: 09/29/2005)

2 ANSWER to Complaint with Jury Demand by BellSouth Telecommunications. Discovery ends on 5/5/2006.(Snipe, Sheldon) Please visit our website at http://www.gand.uscourts.gov to obtain

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12/20/2005 01/17/2006 01/23/2006
02/13/2006 02/13/2006 04/11/2006 04/11/2006 04/11/2006 04/18/2006 05/04/2006 05/04/2006

Pretrial Instructions. Modified on 12/7/2005 to add Jury Demand(jta). (Entered: 12/06/2005)
3 NOTICE of Appearance by S. Robert Royal on behalf of Equal Employment Opportunity Commission (Royal, S.) (Entered: 12/20/2005)
4 Joint PRELIMINARY REPORT AND DISCOVERY SCHEDULE filed by Equal Employment Opportunity Commission, BellSouth Telecommunications. (Snipe, Sheldon) (Entered: 01/17/2006)
5 SCHEDULING ORDER: Discovery ends on 5/5/2006. Motions under Local Rule 7.1 (A)(2) including motions to amend pleadings must be filed no later than 2/6/06. Motions for summary judgment due by 5/25/2006. Proposed Pretrial Order due by 6/5/2006 or within 30 days from a final ruling on any motion for summary judgment that is not dispostive of all claims. Signed by Judge Walter E. Johnson on 1/23/06. (klb) (Entered: 01/23/2006)
6 CERTIFICATE OF SERVICE for Defendant's Interrogatories to Plaintiff by BellSouth Telecommunications.(Snipe, Sheldon) (Entered: 02/13/2006)
7 CERTIFICATE OF SERVICE for Defendant's First Requests for Production of Documents by BellSouth Telecommunications.(Snipe, Sheldon) (Entered: 02/13/2006)
8 CERTIFICATE OF SERVICE for Notice of Taking Deposition of Pascha Burge by BellSouth Telecommunications.(Snipe, Sheldon) (Entered: 04/11/2006)
9 CERTIFICATE OF SERVICE of EEOC's Notice Of Deposition Pursuant To Rule 30(b)(6) by Equal Employment Opportunity Commission. (Royal, S.) (Entered: 04/11/2006)
10 CERTIFICATE OF SERVICE of EEOC's Notice Of Deposition Of Haley Darby; EEOC's Notice Of Deposition Of Shane McGuigan; and EEOC's Notice Of Deposition Of Eric Brumbelow by Equal Employment Opportunity Commission.(Royal, S.) (Entered: 04/11/2006)
11 CERTIFICATE OF SERVICE for Supplement to Defendant's Response to Plaintiff Equal Employment Opportunity Commission's Interrogatories by BellSouth Telecommunications.(Snipe, Sheldon) (Entered: 04/18/2006)
12 Unopposed MOTION for Extension of Time to Complete Discovery For 60 Days by Equal Employment Opportunity Commission. (Royal, S.) (Entered: 05/04/2006)
13 ORDER granting 12 Unopposed Motion for Extension of Time to Complete Discovery. Discovery ends on 7/5/2006. The deadline for filing any summary judgment motions, and pretrial deadlines shall be extended accordingly. Signed by Magistrate Judge Walter E. Johnson on 5/4/06. (klb) (Entered: 05/04/2006)

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05/04/2006 05/15/2006
05/16/2006 07/05/2006 07/06/2006
07/19/2006 07/20/2006 08/22/2006 08/25/2006
08/25/2006

Set/Reset Scheduling Order Deadlines: Discovery ends on 7/5/2006. Motion for summary judgment due by 7/25/2006. Proposed Pretrial Order due by 8/25/2006. (klb) (Entered: 05/04/2006)
14 CERTIFICATE OF SERVICE for Dft's response to pla's Second request for production of documents by BellSouth Telecommunications.(Snipe, Sheldon) Modified on 5/16/2006 to edit text as it was abbreviated (jta). (Entered: 05/15/2006)
Notification of Docket Correction re 14 Certificate of Service. (jta) (Entered: 05/16/2006)
15 MOTION to Stay Proceedings by Equal Employment Opportunity Commission. (Royal, S.) (Entered: 07/05/2006)
16 ORDER granting 15Joint Motion to Stay proceedings through and including 7/19/06, to allow the parties to attempt a final settlement of this lawsuit. It is further ORDERED that the parties will file a written notice with the Clerk no later than 7/19/06, informing the Court of the outcome of these settlement efforts. Signed by Judge Walter E. Johnson on 7/6/06. (jta) (Entered: 07/06/2006)
17 NOTICE by BellSouth Telecommunications Of Settlement Progress (Snipe, Sheldon) (Entered: 07/19/2006)
Submission of 16 Order on Motion to Stay and 17 Notice of Settlement progress submitted to Magistrate Judge Walter E. Johnson. (jta) (Entered: 07/20/2006)
18 SETTLEMENT AGREEMENT Consent Decree by Equal Employment Opportunity Commission. (Royal, S.) (Entered: 08/22/2006)
19 ORDER approving 18 Consent Decree/Settlement Agreement filed by Equal Employment Opportunity Commission. Case dismissed with prejudice with each party to bear its own costs and attys' fees for this action. See for details. Signed by Judge Harold L. Murphy on 8/25/06. (jta) (Entered: 08/25/2006)
Civil Case Terminated. Judge Walter E. Johnson terminated from case. (jta) (Entered: 08/25/2006)

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