Case 9:01-cv-00155-JH Document 1 Filed 07/05/2001 Page 1 of 7

~. -) , ;
IN THE UNITED STATES DISTR1&.t.\~b~R~~:~-·~:~JG[n

FOR

THE

EASTERN DISTRICT LUFKIN DIVISION

O,.F·,mT~l:_i;;.. ~-S->

">\
\ I

2: 05

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

§ § §

8'<------ ,,_.,\1 _ L\Jft'\H
l"1..E.t\S~I,..'\I"

Plaintiff,

§ § CIVIL ACTION NO.

~ ~' () / C t/ I <5;;

v.

§

§

Judge Hannah

§

WVT OF TEXAS, INC.

§

Defendant.

§ JURY TRIAL DEMANDED

§

ORIGINAL COMPLAINT

1. This is an action under the Equal Pay Act of 1963, as amended, 29 U.S.C.

§206 et seq. and Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. §2000e,

et seq. and Title I of the Civil Rights Act of 1991, as amended, 42 U.S.C. §1981 et seq. to

restrain the unlawful payment of wages to employees of one sex at rates less than the

rates paid to employees of the opposite sex and to correct unlawful employment practices

on the basis of sex, and to provide appropriate relief to Marilyn Sylvest who was adversely

affected by such unlawful practices. As alleged herein, the Defendant, WVT of Texas , Inc.

("WVT") unlawfully pays its female customer managers at wage rates which are less than

the rates paid to its male employees performing substantially equal work, and otherwise

discriminates against those females because of their sex in violation of Title VII of the Civil

Rights Act of 1964 and the Equal Pay Act.

JURISDICTION AND VENUE

2.

Jurisdiction of this Court is invoked pursuant to 28 U.S.C. §§451, 1331,

1337, 1343 and 1345. This action is authorized and instituted pursuantto Sections 16(c)

and 17 of the Fair Labor Standards Act of 1938 (the "FLSA"), as amended 29 U.S.C.

/

Case 9:01-cv-00155-JH Document 1 Filed 07/05/2001 Page 2 of 7

§§216 (c) and 217, to enforce the requirements of the Equal Pay Act of 1963, codified as

Section 6(d) of the FLSA, 29 U.S.C. §206(d), et seq. ("Equal Pay Act") and pursuant to

Section 706 (f)(1) and (3) of Title VII of the Civil Rights Acts of 1964, as amended, 42

U.S.C. §2000e, et seq. ("Title Villi) and Section 102 of the Civil Rights Act of 1991, 42

U.S.C. §1981A.

3. Venue is proper in this Court because the unlawful employment practices

alleged below were and are now being committed within the jurisdiction of the United

States District Court for the Southern District of Texas, Houston Division.

PARTIES

4. Plaintiff, Equal Employment Opportunity Commission ("Commission") is an

agency of the United States of America charged with the administration, interpretation and

enforcement of the Equal Pay Act and Title VII, and is expressly authorized to bring this

action by Sections 16 (c) and 17 of the FLSA, 29 U.S.C. §§216 (c) and 217, as amended

by Section 2 of the Reorganization Plan No.1 of 1978, 92 Stat. 3781, and Public Law 98-

532 (1984), 98 Stat. 2705 and by Section 706 (f)(1) and (3) of Title VII, 42 U.S.C. §2000e-5

(f)(1) and (3).

5. Defendant WVT has continuously been and is now doing business in the

State of Texas and the City of Crockett and has continuously had more than 15

employees. WVT has its principal place of business at 1042 S. 4th Street, Crockett, Texas

75835. WVT may be served with process by serving its registered agent in Texas, Laura

Holcomb, Highway 19 N. Northridge Plaza, Crockett, Texas 75835.

6. At all relevant times, Defendant WVT has acted directly or indirectly as an

employer in relation to employees and continuously been an employer within the meaning

PLAINTIFF'S ORIGINAL COMPLAINT

2

Case 9:01-cv-00155-JH Document 1 Filed 07/05/2001 Page 3 of 7

of Section 3(d) of the FLSA, 29 U.S.C. §203(d).

7. At all relevant times, Defendant WVT has continuously employed employees

engaged in commerce or in the production of goods for commerce within the meaning of

Sections 3(b), (i) and U) of the FLSA, 29 U.S.C. §§203(b), (i) and U) or has continuously

been an enterprise engaged in commerce or in the production of goods for commerce

within the meaning of Sections 3(r) and (s) of the FLSA, 29 U.S.C. §§203(r) and (s).

8. At all relevant times, Defendant WVT has continuously been an employer

engaged in an industry affecting commerce within the meaning of Sections 701 (b), (g) and

(h) of Title VII, 42 U.S.C. §§ 2000e(b), (g) and (h).

STATEMENT OF CLAIMS

9. More than thirty days prior to the institution of this lawsuit, Marilyn Sylvest

filed a charge of discrimination with the Commission alleging violations of the Equal Pay

Act and Title VII by Defendant WVT, her former employer. All conditions precedent to the

institution of this lawsuit have been fulfilled.

10. Since at least 1999, WVT has engaged in unlawful employment practices at

its office located at 1042 S. 4th Street, Crockett, Texas, in violation of Sections 6(d)(1) and

15(a)(2)of the FLSA, 29 U.S.C. §§206(d)(1) and 215 (a)(2), and Section 703(a)(1) of Title

VII of the Civil Rights Act of 1964, 42 U.S.C. §2000e-2.

11. Ms. Sylvest was hired by Defendant WVT in August 1999 as a customer

manager at the salary of $350 per week. Defendant also employed another female as a

customer manager at the rate of $350 per week. In November 1999 Defendant hired a

male employee as a customer manager at the salary of $400 per week even though he

had less experience and qualifications than Ms. Sylvest and the other female customer

PLAINTIFF'S ORIGINAL COMPLAINT

3

Case 9:01-cv-00155-JH Document 1 Filed 07/05/2001 Page 4 of 7

manager. Thus, since at least November 1999, Defendant WVT has willfully violated Sections 6(d)(1) and 15(a)(2) of the Equal Pay Act and Section 703(a)(1) of Title VII by paying wages to its female customer managers at rates less than the rate paid to a male customer manager in the same establishment for substantially equal work on jobs the performance of which required equal skill, effort, and responsibility and which were performed under similar working conditions.
12. As a result of the acts complained of above, Defendant WVT unlawfully had withheld and is continuing to withhold the payment of wages due to Ms. Sylvest.
13. The effect of the practices complained of herein has been to deprive Ms. Sylvest of equal employment opportunities and otherwise adversely affected her status as an employee because of her sex.
14. The conduct described in the paragraphs above was willful, intentional and was committed with malice or with willful disregard for the federally protected civil rights of Ms. Sylvest.
PRAYER FOR RELIEF WHEREFORE, the Commission respectfully requests that this Court: 15. Grant a permanent injunction enjoining Defendant WVT, its officers, successors, assigns and all persons in active concert or participation with it, from engaging in an employment practice which discriminates on the basis of sex and from discriminating within any of its establishment between employees on the basis of sex, by paying wages to employees at rates less than the rates at which it pays wages to employees of the opposite sex in the same establishment for equal work on jobs, the performance of which

PLAINTIFF'S ORIGINAL COMPLAINT

4

Case 9:01-cv-00155-JH Document 1 Filed 07/05/2001 Page 5 of 7

require equal skill, effort and responsibility, and which are performed under similar working

conditions;

16. Order Defendant WVT to institute and carry out policies, practices and

procedures which provide equal employment opportunities for its female employees and

which eradicate the effects of its unlawful employment practices;

17. Order Defendant WVT to make Ms. Sylvest whole 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;

18. Order Defendant WVT to make Ms. Sylvest whole by providing appropriate

compensatory damages to her in amounts to be proved at trial resulting from the unlawful

practices described above;

19. Order Defendant WVT to pay punitive damages to Ms. Sylvest for its willful,

malicious and/or reckless conduct described above in amounts to be proved at trial;

20. Grant a judgment requiring Defendant WVT to pay appropriate back wages

in an amount to be proved at trial, and an equal sum as liquidated damages or

prejudgment interest in lieu thereof, to employees whose wages are being unlawfully

withheld as a result of the acts complained of above, including but not limited to, Ms.

Sylvest;

21. Award pre-judgment and post-judgment interest on all amounts recovered

as allowed by law;

22. Order all affirmative relief necessary to eradicate the effects of its unlawful

employment practices;

23. Award the Commission its costs in this action; and

PLAINTIFF'S ORIGINAL COMPLAINT

5

Case 9:01-cv-00155-JH Document 1 Filed 07/05/2001 Page 6 of 7
24. Grant such other and fu rther relief as the Cou rt deems necessary and proper in the public interest.
JURY TRIAL DEMAND 25. The Commission requests a jury trial on all questions of fact raised by its complaint.

PLAINTIFF'S ORIGINAL COMPLAINT

6

Case 9:01-cv-00155-JH Document 1 Filed 07/05/2001 Page 7 of 7
Respectfully submitted, EQUAL EMPLOYMENT OPPORTUNITY
COMMISSION GWEN YOUNG REAMS ACTING DEPUTY GENERAL COUNSEL
1801 L. Street, N.W.
Washington, D.C. 20507 EQ
By:

OF COUNSEL

Houston District Office 1919 Smith Street, 7th Floor Houston, Texas 77002 (713) 209-3399 Fax: (713) 209-3402
ATTORNEYS FOR PLAINTIFF

BY:r+--~-+--~---------JAME' ACHER REGIONAL ATTORNEY 1919 Smith Street, 7th Floor Houston, Texas 77002 (713) 209-3398
Fax: fj1,3} 209-3492
By: ~~-~/~-,~-/~/,_/_~_c_~I_:~)~-J~I'/~_'" ~_~_~/~t~' "E ADEWALE-MENDES
SUPERVISORY TRIAL ATTORNEY 1919 Smith Street, 7th Floor Houston, Texas 77002 (713) 209-3404 Fax: (713) 209-3402

PLAINTIFF'S ORIGINAL COMPLAINT

7

C:IMYFILESIWPDOCSITRFIWVT TexaslPleadingslComplaint.wpd

 
 Case 9:01-cv-00155-JH Document 11 Filed 04/22/2002 Page 1 of 7

E'LED IN THE UNITED STATES DISTRICT COURre-tt"N-::=~~1

FOR THE EASTERN DISTRICT OF TEXAS

LUFKIN DIVISION

I,APR .2 2 2002

§

EQUAL EMPLOYMENT

§

OPPORTUNITY COMMISSION

§

Plaintiff,

§

eD.A,VID J. ........ IMJ .aw"-.~iIIIf"""
DePUTV_-..;;~~~

§ CIVIL ACTION NO. 9:01-CV-155

v.

§

§

§

WVT OF TEXAS, INC.

§

Defendant.

§ JURY TRIAL DEMANDED

§

FIRST AMENDED ORIGINAL COMPLAINT

1. This is an action under the Equal Pay Act of 1963, as amended, 29 U.S.C.

§206 et seq. and Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. §2000e,

et seq. and Title I of the Civil Rights Act of 1991, as amended, 42 U.S.C. §1981 et seq. to

restrain the unlawful payment of wages to employees of one sex at rates less than the

rates paid to employees of the opposite sex and to correct unlawful employment practices

on the basis of sex, and to provide appropriate relief to Marilyn Sylvest and Lisa Brimberry

who were adversely affected by such unlawful practices. As alleged herein, the Defendant,

WVT of Texas, Inc. ('WVT") unlawfully pays its female customer managers at wage rates

which are less than the rates paid to its male employees performing substantially equal

work, and otherwise discriminates against those females because of their sex in violation

of Title VII of the Civil Rights Act of 1964 and the Equal Pay Act.

JURISDICTION AND VENUE

2.

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 Sections 16(c)

1{ and 17 of the Fair Labor Standards Act of 1938 (the "FLSA"), as amended 29 U.S.C.

Case 9:01-cv-00155-JH Document 11 Filed 04/22/2002 Page 2 of 7
§§216 (c) and 217, to enforce the requirements of the Equal Pay Act of 1963, codified as Section 6(d) of the FLSA, 29 U.S.C. §206(d), et seq. ("Equal Pay Act") and pursuant to Section 706 (f)(1) and (3) of Title VII of the Civil Rights Acts of 1964, as amended, 42 U.S.C. §2000e, et seq. ("Title Villi) and Section 102 of the Civil Rights Act of 1991, 42 U.S.C. §1981A.
3. Venue is proper in this Court because the unlawful employment practices alleged below were and are now being committed within the jurisdiction of the United States District Court for the Eastern District of Texas, Lufkin Division.
PARTIES 4. Plaintiff, Equal Employment Opportunity Commission ("Commission") is an agency ofthe United States of America charged with the administration, interpretation and enforcement of the Equal Pay Act and Title VII, and is expressly authorized to bring this action by Sections 16 (c) and 17 of the FLSA, 29 U.S.C. §§216 (c) and 217, as amended by Section 2 of the Reorganization Plan No.1 of 1978, 92 Stat. 3781, and Public Law 98532 (1984), 98 Stat. 2705 and by Section 706 (f)(1) and (3) of Title VII, 42 U.S.C. §2000e-5 (f)( 1) and (3). 5. Defendant WVT has continuously been and is now doing business in the State of Texas and the City of Crockett and has continuously had more than 15 employees. WVT has its principal place of business at 1042 S. 4th Street, Crockett, Texas 75835. WVT may be served with process by serving its registered agent in Texas, Laura Holcomb, Highway 19 N. Northridge Plaza, Crockett, Texas 75835. 6. At all relevant times, Defendant WVT has acted directly or indirectly as an employer in relation to employees and continuously been an employer within the meaning
2

Case 9:01-cv-00155-JH Document 11 Filed 04/22/2002 Page 3 of 7
of Section 3(d) of the FLSA, 29 U.S.C. §203(d). 7. At all relevant times, Defendant WVT has continuously employed employees
engaged in commerce or in the production of goods for commerce within the meaning of
m m Sections 3(b), (i) and of the FLSA, 29 U.S.C. §§203(b), (i) and or has continuously
been an enterprise engaged in commerce or in the production of goods for commerce within the meaning of Sections 3(r) and (s) of the FLSA, 29 U.S.C. §§203(r) and (s).
8. At all relevant times, Defendant WVT has continuously been an employer engaged in an industry affecting commerce within the meaning of Sections 701 (b), (g) and (h) of Title VII, 42 U.S.C. §§ 2000e(b), (g) and (h).
STATEMENT OF CLAIMS 9. More than thirty days prior to the institution of this lawsuit, Marilyn Sylvest filed a charge of discrimination with the Commission alleging violations of the Equal Pay Act and Title VII by Defendant WVT, her former employer. All conditions precedent to the institution of this lawsuit have been fulfilled. 10. Since at least 1999, WVT has engaged in unlawful employment practices at its office located at 1042 S. 4th Street, Crockett, Texas, in violation of Sections 6(d)(1) and 15(a)(2)ofthe FLSA, 29 U.S.C. §§206(d)(1) and 215 (a)(2), and Section 703(a)(1) of Title VII of the Civil Rights Act of 1964, 42 U.S.C. §2000e-2. 11. Ms. Sylvest was hired by Defendant WVT in August 1999 as a customer manager at the salary of $350 per week. Defendant also employed another female, Lisa Brimberry, as a customer manager at the rate of $350 per week in July 1999 through October 1999 and again in April 2000 through the present. In November 1999 Defendant hired a male employee as a customer manager at the salary of $400 per week even though
3

Case 9:01-cv-00155-JH Document 11 Filed 04/22/2002 Page 4 of 7
he had less experience and qualifications than Ms. Sylvest and Ms. Brimberry. Thus, since at least November 1999, Defendant WVT has willfully violated Sections 6(d)(1) and 15(a)(2) of the Equal Pay Act and Section 703(a)(1) of Title VII by paying wages to its female customer managers at rates less than the rate paid to a male customer manager in the same establishment for substantially equal work on jobs the performance of which required equal skill, effort, and responsibility and which were performed under similar working conditions.
12. As a result of the acts complained of above, Defendant WVT unlawfully had withheld and is continuing to withhold the payment of wages due to Ms. Sylvest and Ms. Brimberry.
13. The effect of the practices complained of herein has been to deprive Ms. Sylvest and Ms. Brimberry of equal employment opportunities and otherwise adversely affected their status as employees because of their sex.
14. The conduct described in the paragraphs above was willful, intentional and was committed with malice or with willful disregard for the federally protected civil rights of Ms. Sylvest and Ms. Brimberry.
PRAYER FOR RELIEF WHEREFORE, the Commission respectfully requests that this Court: 15. Grant a permanent injunction enjoining Defendant WVT, its officers, successors, assigns and all persons in active concert or participation with it, from engaging in an employment practice which discriminates on the basis of sex and from discriminating within any of its establishment between employees on the basis of sex, by paying wages
4

Case 9:01-cv-00155-JH Document 11 Filed 04/22/2002 Page 5 of 7
to employees at rates less than the rates at which it pays wages to employees of the opposite sex in the same establishment for equal work on jobs, the performance of which require equal skill, effort and responsibility, and which are performed under similar working conditions;
16. Order Defendant WVT to institute and carry out policies, practices and procedures which provide equal employment opportunities for its female employees and which eradicate the effects of its unlawful employment practices;
17. Order Defendant WVT to make Ms. Sylvest whole 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;
18. Order Defendant WVT to make whole other affected female customer managers, including Ms. Brimberry, 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;
19. Order Defendant WVT to make Ms. Sylvest whole by providing appropriate compensatory damages to her in amounts to be proved at trial resulting from the unlawful practices described above;
20. Order Defendant WVT to make whole other affected female customer managers, including Ms. Brimberry, by providing appropriate compensatory damages to her in amounts to be proved at trial resulting from the unlawful practices described above
21. Order Defendant WVT to pay punitive damages to Ms. Sylvest and Ms. Brimberry for its willful, malicious and/or reckless conduct described above in amounts to be proved at trial;
5

Case 9:01-cv-00155-JH Document 11 Filed 04/22/2002 Page 6 of 7
22. Grant a judgment requiring Defendant WVT to pay appropriate back wages in an amount to be proved at trial, and an equal sum as liquidated damages or prejudgment interest in lieu thereof, to female customer managers whose wages are being unlawfully withheld as a result of the acts complained of above, including but not limited to, Ms. Sylvest and Ms. Brimberry;
23. Award pre-judgment and post-judgment interest on all amounts recovered as allowed by law;
24. Order all affirmative relief necessary to eradicate the effects of its unlawful employment practices;
25. Award the Commission its costs in this action; and 26. Grant such other and further relief as the Court deems necessary and proper in the public interest.
JURY TRIAL DEMAND 27. The Commission requests a jury trial on all questions of fact raised by its complaint.
6

Case 9:01-cv-00155-JH Document 11 Filed 04/22/2002 Page 7 of 7
Respectfully submitted, EQUAL EMPLOYMENT OPPORTUNITY
COMMISSION GWEN YOUNG REAMS ACTING DEPUTY GENERAL COUNSEL 1801 L. Street, N.W. Washington, D.C. 20507
By:
Houston District Office 1919 Smith Street, 7th Floor Houston, Texas 77002 (713) 209-3399 Fax: (713) 209-3402 ATTORNEYS FOR PLAINTIFF
CERTIFICATE OF SERVICE
I hereby certify that a copy of the foregoing instrument was served on counsel for Defendant as follows:
Via First Class U.S. Mail Jack Walker Sammons & Parker 218 N. College Tyler, Texas 75702
on April 17, 2002.

7

P:ITrfIWVT TexasIPleadingsIComplaint-Amended. wpd

- .... . _ - _ . _ - -

 
 08-2·2:"02 16:C40ase 9F:r0om1--EcEOvC-0H0O1US5TO5N-JH Document 22 Fil7e1d32009934/0122/2002 PaT-g61e4 1 oP.fO7S/11 F-818

IN THE UNITED STATES DISTRICT COURT

F1LED

U.S.

Oie,

.~ i

-
i

.C~,,''L. .E"r.R, \\l!).fn\ T

FOR THE EASTERN DISTRICT OF TEXAS

LUFKIN DIVISION

§

EaUAL EMPLOYMENT

§

OPPORTUNITY COMMISSION

§

BY_ _~:.::-~--

Plaintiff,

§

§ CIVIL ACTION NO. 9:01-CV-00155

v.

§

§ JUDGE JOHN HANNAH, JR.

§

WVT OF TEXAS, INC.

§ JURY TRIAL DEMANDED

Defendant.

§

§

CONSENT DI=CeEe

Plaintiff, the United States Equal Employment Opportunity Commission

("Commission" or "EEOC") and Defendant, WVT of Texas, Inc. ("Defendant" or

"WVT" ), agree to entry of this Consent Decree.

I.

Background and History of Proceedings

A. Charging Party Marilyn Sylvest filed a Charge of Discrimination with the

Commission alleging Defendant violated the Equal Pay Act of 1963, as amended, 29

U.S.C. §206 et seq. ("Equal Pay Act") and Title VII of the Civil Rights Act of 1964,

42 U.S.C. §2000e et seq. l"Title VII").

B, On July 5,2001, the Commission filed this action alleging that Defendant

discriminated against Marilyn Sylvest in violation of Sections 6(d)( 1) and 15 (a)(2) of

the Equal Pay Act and Section 703{a) of Title VII by paying her at wage rates less than

the rates paid to male employees performing substantially equal work or otherwise

discriminating against her because of her sex. On April 22, 2002, the Commission

amended its Original Complaint to allege that Lisa Brimberry liKen) was similarly paid

OS-Zi-OZ 16C:4a0 se 9:F0ro1m--cEEvO-C00H1OU5ST5O-NJH Document 22 File7d13200993/410Z2/2002 PaTg-SeI42 oPf.O7S/ll F-SIS

at wage rates less than the rates paid to male employees performing substantiallY

equal work or otherwise discriminating against her because of her sex in violation of

'the Equal Pay Act and Title VII.

C. Defendant denied the allegations of sex discrimination alleged in both the

Original Complaint and the First Amended Original Complaint.

D. The parties wish to avoid the risks, uncertainties and expenses of

continued litigation. Accordingly, the parties have agreed to settle this lawsuit.

Neither Defendant's consent to the entry of this Decree nOr any of the terms set forth

in it shall constitute or be construed as an admission of any Equal Pay Act or Title VII

violation, which is expreSsly denied py Defendant. Both parties agree that this

Consent Decree is being entered into for the sale purpose of compromising disputed

claims without the necessity for protracted litigation.

E. The Commission and WVT stipulate to the jurisdiction of the Coun and

the satisfaction of all administrative prerequisites. The parties further waive hearing

and entry of findings of fact ana conclusions of law on all issues.

IT IS ORDERED that:

1 .

This Consent Decree is 6ntered in full and complete settlement of any and

all claims made Py the Commission arising out of or asserted in Civil Ac,;ion No.

9:01-CV-155 anc1 on behalf of Ms. Sylvest and Ms. Brinberry (lken) and Ms.

Sylvest'S Charge of Discrimination, No. 330-AO-1956.

2.

WVT agrees that it will not engage in any employment practices which

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08-lZ-02 1~:C40ase 9F:r0om1-E-EcOvC-0H0OU1S5TO5N-JH Document 22 Fil7e13d2009394/0122/2002 PTa-gSIe4 3 Po.f077/11 F-818

discriminate against any individual with respect to compensation, terms,

conditions or privileges of employment because of such individual's sex in

violation of the Equal Pay Act of 1963, as amended, 29 u.S.C. §206 aT seq.

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

not retaliate against any individual who has opposed any practice made an

unlawful employment practice under the Equal Pay Act or Title VII Or who has

made a charge, testified, assisted, or participated in any manner in an

investigation. proceeding or hearing under the Equal Pay Act or Title VII or in

connection with this case.

3.

WVT agrees that within thirty days after entry of this Decree it will

conspicuously POSt copies of the attached notice (Exhibit ,.A·r t in areas

accessible to all employees or other persons working at its facility for a period

of one year from the date the Decree is entered.

4.

WVT agrees to provide written neutral job references for Marilyn Sylvest

stating dates of employment, position held. last salary and indicating that she

is eligible for rehire in the format attached as Exhibit "13".

5.

Defendant agrees to pay the StJm of ONE THOUSAND TWO HUNDRED

NINETY AND NO!1 00 DOLLARS ($1,290.00) to Marilyn Sylvest in full and final

settlement of this lawsuit, Said sum shall be paid within ten (10) days from the

elate of entry of this Consent Decree. A copy of the check disbursed to Ms.

Sylvest shall be mailed to ~he EEOC's undersigned counsel of record.

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oe-zz-oz 15:C40ase 9F:0rom1--EcEvOC-0H0O1US5TO5N-JH Document 22 Fil7e1d32009934/01Z2/2002 PaT-g61e4 4 opf.O7e/ll F-B18

6.

Each party to this Consent Decree shall bear their own costs and

attorney's fees.

7.

This Consent Decree shall be binding on Defendant and all of Defendant'S

subsequent successors-in-interesl, and Defendant will notify all such

subsequent successors-in-interest of the existence and terms of this Consent

Decree.

8.

This Decree shall remain in effect for one year from the date of signing.

During the period that this Decree shall remain in effect, the Court shall retain

jurisdiction to assure compliance with this Decree and to permit entry of such

further orders or modifications as may be appropriate. The EEOC hereto is

authorized to seek Court-ordered enforcement of this Decree in the event of a

breach of any of the provisions herein.

9.

Nothing in this Consent Decree shall be construed to preclude the

Commission from filing a separate action in the future under Equal Pay Act, Title

VII, or any other statute which the Commission enforces, for any alleged

subsequent violations by Defendant not resolved by this Decree.

10.

Each signatory certifies that he/she is authorized to execute this

dOcument on beh~f the party or parties whom they represent.

~ SIGNED this

day of

_, 2002 at Lufkin, Texas.

JOH HANNAH, JR.
U.S. District Judge
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OB-22'-02 1~:C40ase 9:F0ro1m-EcEvO-C00HO1U5ST5ON-JH Document 22 File71d3200993/41022/2002 PaTg-6e145 oPf.D7S/11 F-B1B

AGREED AND CONSENTED TO:
eQUAL EMPLOYMENT OPPORT,UNITY COMM
By: . 80utchee I
Attar y-in-Charge TBN:02717500 Houston District Office 1919 Smith St., 7m Floor Houston, Texas 77002 (713) 209-3399
Fax: (71 3) 209-3402
ATTORNEY FOR PLAINTIFF

WVT OF TEXAS, INC
By:
hn F. (JacK) Wall<er, III
torney-in-Charge N;00785167 Sammons & Parker, P. C. 218 North College Tyler, Texas 75702 (903) 595-4541 Fax: (903) 595-2864
ATTORNEY FOR OgFENDANT

-5-

08-2,'-02 1ti: 4C1 ase 9Fr:o0m1-E-EcOvC-0HO0U1ST5ON5-JH Document 22 Fi7le13d20093940/212/2002 PTa-SgI4e 6 Po,1f07/11 F-818

U.s. EQUAL £M:PLOYMENT OPPORTUNITY COMMISSION Houston District Office
1919 Smnh 5l" 7"' flouT H0\15toD, TX 77002-80~9
PH: (713) lQ9.3320 TPll: (713) 209-3439 fAX~ (713) 209-3381 LEGAL; (713) 209-3401
NOTICE

AS REQUIRED UNDER THE EQUAL PAY ACT OF 1963 AND TITLE Vll OF THE CIVIL RIGHTS ACT OF 1964. AS AMENDED

THIS NOTICE TO ALL EMPLOYEES OF WVT OF TEXAS. INC. IS BEING POSTED REGARDING SEX AND \VAGE DISClUMINATION IN THE WORK PLACE AND THE EQUAL PAY ACT OF 1963 AND TITLE VII OF THE CIVIL RIGHTS ACT OF 1964. AS AMENDED.
1. Federal law requires thai mere be: no discrimination against any employee or applicant for employment because of 1he employee's sex, race, color, religion, national origin, age or disability with respect to compensation, biring or oilier terms, conditions or privileges of employment.
2. WVT of Texas suppOrt and will comply wilh such Federal law in all respects ana will 001 take any aClion agains[ employees because mey have exercised their righiS under the law by filing charges
wim me Equal Employment Opporrunity Commission (EEOC), providing information to the EEOC,
me and/or receiving compensation for settlemenr of any s~x, wage or other type of discrimination
claim.
3. WVT of Texas prohibits sex and wage discrimination and all other fonns of discrimination and will nOl engage in the pracTice of altering the u:rrns and conditions of employment on the basis of an employee's sex, race, color. religion, national origin, age or disabili[Y.

4. Sex and wage discrimination are expressly prOhibited ana constitutes an unlawful discriminawry employment practice. Sucb discriminatory employmelll practices will not be tolerated at WVT of Texas, Inc.,

5. aClion

pAronmy petmlyp1lo0 y_ ee

who feels he/she is the wget of such discrimination
_________________

is advised to repon this
_ _ _ _ _ _ __

(insen name, address & telephone 11)

SIGNED this _ _ _ day of _ _ _ _ _• 2002.

___________, Presidem
Company Name This NOTICE shall be posted for one full year from date of signing.
Exhibh-A"

------------------------------- --------------------

08-:22-02 1~:41CaseF9ro:m0-E1E-OcCv-H0OU0S1TO5N5-JH Document 22 F7i1l3e2d09304902/12/2002 PT-a6lg4e 7Po.lfli7ll F-8l8
[WVT of Texas Inc.'s Letterhead)
To Whom It May Concern:
Marilyn Sylvest was employed by WVT of Texas, Inc. as a Customer Manager
for the period from AugL.lst 23, 1999 to April 17, 2000. Her ending salary was $350_00 per wee"-. She is eligible for reemployment by WVT.
Sincerely, Joel Franklin, General Manager WVT of Texas, Inc.

EXHIBIT"B"

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CLOSED, FRC, JURY
U.S. District Court [LIVE] Eastern District of TEXAS LIVE (Lufkin) CIVIL DOCKET FOR CASE #: 9:01-cv-00155-JH

EEOC v. WVT of Texas Inc Assigned to: Judge John Hannah, Jr Demand: $0 Cause: 42:1981 Civil Rights Plaintiff Equal Employment Opportunity Commission
V.

Date Filed: 07/05/2001 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff
represented by Kathy D Boutchee Equal Employment Opportunity Commission Houston District Office 1919 Smith Street 7th Floor Houston, TX 77002 713/209-3405 Fax: 17132093402 Email: kathy.boutchee@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED
James P Sacher Equal Employment Opportunity Commission Houston District Office 1919 Smith Street 7th Floor Houston, TX 77002 Harri 713/209-3405 Fax: 713/209-3405
Rose Adewale-Mendes Equal Employment Opportunity Commission Houston District Office 1919 Smith Street 7th Floor Houston, TX 77002 Harri 713/209-3405 Fax: 713/209-3405

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Defendant WVT of Texas Inc

represented by John F Walker Martin Walker PC 522 South Broadway Ave Suite 200 Tyler, TX 75702 US 903/526-1600 Fax: 903/595-0796 Email: jwalker@martinwalkerlaw.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed 07/05/2001 07/05/2001 07/05/2001 07/05/2001 08/23/2001
10/25/2001 10/26/2001 11/13/2001
01/07/2002 01/10/2002 01/22/2002 01/24/2002 03/18/2002 03/18/2002

#

Docket Text

1 Original Complaint filed. Cause: 42:1981 Civil Rights (kjr) (Entered: 07/05/2001)
1 Demand for jury trial by EEOC (kjr) (Entered: 07/05/2001)
Summons(es) issued for WVT of Texas Inc & returned to atty for service (kjr) (Entered: 07/05/2001)
Magistrate consent forms mailed to EEOC (kjr) (Entered: 07/05/2001)
2 Return of service executed as to WVT of Texas Inc 7/27/01 by USM by personal service on Joel E. Franklin, General Mgr - Answer due on 8/16/01 for WVT of Texas Inc (kjr) (Entered: 08/23/2001)
RE-Summons(es) issued for WVT of Texas Inc and handed back to atty for service (djh) (Entered: 10/25/2001)
3 Answer to original complaint by WVT of Texas Inc (djh) (Entered: 10/26/2001)
4 ORDER, set scheduling conference for 2:00 2/27/02 before Judge John Hannah Jr. ( signed by Judge John Hannah Jr. ) cc JH, parties 11/13/01 (kjr) (Entered: 11/13/2001)
5 Notice of initial disclosure by WVT of Texas Inc (kjr) (Entered: 01/07/2002)
6 Notice of disclosure by EEOC (kjr) (Entered: 01/10/2002)
7 Notice of supplemental disclosure by WVT of Texas Inc (kjr) (Entered: 01/22/2002)
8 Notice of Hearing: reset scheduling conference for 10:30 3/18/02 before Judge John Hannah Jr. (pad) (Entered: 01/24/2002)
Joint Proposed Discovery Plan/Scheduling Order (kjr) (Entered: 03/18/2002)
Scheduling conference before Judge John Hannah Jr. held (pad) (Entered: 03/19/2002)

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03/18/2002 03/18/2002
04/22/2002 04/29/2002 05/20/2002 06/20/2002 06/27/2002 06/28/2002 06/28/2002 07/11/2002 07/17/2002
07/30/2002 09/04/2002 09/12/2002
09/12/2002

9 Minutes Re: [0-0] Scheduling conference by Judge John Hannah Jr. on 3/18/02 (Ct rep/ECRO: Frank McMillan) 2 day trial (pad) (Entered: 03/19/2002)
10 Docket Control Order setting following deadlines: join additional parties: 5/1/02; exchange privilege logs: 8/1/02; complete mediation: 7/15/02; disclosure of expert testimony: pla - 6/1/02, dft - 6/20/02; amend pleadings: 5/1/02; answer amended pleadings: 5/15/02; identification of trial witnesses: pla - 6/20/02, dft 6/30/02; discovery deadline: 7/15/02; filing of dispositive motions: 7/25/02; responses to dispositive motions: 8/9/02; filing of joint pretrial order, joint proposed jury instructions & form of verdict & motions in limine: 8/9/02; final pretrial conference: 9/9/02 at 9:00 am; jury selection: 9/10/02 at 9:00 am (signed by Judge John Hannah Jr. ) cc JH, parties 3/19/02 (kjr) (Entered: 03/19/2002)
11 FIrst Amended complaint by EEOC , amending [1-1] complaint (kjr) (Entered: 04/22/2002)
12 Amended Answer to first amended complaint by WVT of Texas Inc : amends [3-1] answer (kjr) (Entered: 04/29/2002)
13 Notice of third supplemental disclosure by WVT of Texas Inc (kjr) (Entered: 05/21/2002)
14 Designation of expert Witnesses filed by WVT of Texas Inc (djh) (Entered: 06/21/2002)
15 Trial Witness list filed by EEOC (kjr) (Entered: 06/27/2002)
16 Trial witness list filed by WVT of Texas Inc (kjr) (Entered: 07/01/2002)
17 Notice of fourth supplemental disclosure by WVT of Texas Inc (kjr) (Entered: 07/01/2002)
18 JOINT MOTION by EEOC & WVT of Texas Inc to amend [10-1] Scheduling order (djh) (Entered: 07/11/2002)
19 ORDER granting [18-1] motion to amend [10-1] Scheduling order, reset completion of discovery due for 8/5/02 , reset joint pretrial order due for 8/19/02 ( signed by Judge John Hannah Jr. ) cc JH, parties 7/17/02 (kjr) (Entered: 07/17/2002)
20 Notice of second supplemental disclosure by WVT of Texas Inc (kjr) (Entered: 07/30/2002)
21 AGREED MOTION by EEOC, WVT of Texas Inc to enter consent decree (djh) (Entered: 09/05/2002)
22 CONSENT DECREE of full and final settlement. WVT agrees it will not engage in any employment practices which discriminate against any individual. WVT agrees that it will post copies of attached notice for a period of one year. WVT agrees to provide written neutral job references for Marilyn Sylvest. Dft agrees to pay $1,290 to Marilyn Sylvest in settlement. Each party shall bear their own costs and attorney's fees. This decree shall remain in effect for one year from date of signing, and the Court shall retain jurisdiction to assure compliance. ( signed by Judge John Hannah Jr. ) cc JH, parties 9/12/02 (kjr) (Entered: 09/12/2002)
Case closed per consent decree (kjr) (Entered: 09/12/2002)

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06/10/2003

Shipped to FRC on 06/02/03 Accession number: 021-03-0211, Location C0906233 Box 19 of 32 (djh) (Entered: 06/10/2003)

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