.,

IN THE UNITED STATES DISTRICT COl-Y.lAftm'l'R:ONSDTISATTRESICCTOOUPRTTESXAS
FOR THE SOUTHERN DISTRICT OF 1t&fAj FILED
HOUSTON DIVISION
AUG 2 3 2005

EQUAL EMPLOYMENT OPPORTUNITY §

COMMISSION,

§

§

Plaintiff,

§

§

v.

§

§

SATCHEL'S BBQ & STEAKS, INC. d/b/a

§

SAVANNAH'S FINE CATERING,

§

§

Defendant.

§

MICHAEL N. MILBY, CLERK OF COURT
5 - Civil AllnNo.O 2979
COMPLAINT JURY TRIAL DEMAND

NATURE OF ACTION

This is an action under Title VII of the Civil Rights Act oJ 1964, as amended, and Title I

of the Civil Rights Act of 1991, to correct unlawful employment practices on the basis of race,

and to provide appropriate relief to James Peterson, who was adversely affected by such

practices. The Equal Employment Opportunity Commission (the "Commission") alleges that

Satchel's BBQ & Steaks d/b/a Savannah's Fine Catering ("Satchel's") allowed James Peterson to

be subjected to a hostile work environment because he is Black.

JURISDICTION AND VENUE

1. Jurisdiction of this Court is invoked pursuant to 28 U.S.c. §§451, 1331, 1337,

1343 and 1345. This ~ction 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(f)(I) and (3) ("Title

VII"). This action is also authorized and instituted pursuant to Section 102 of the Civil Rights

Act ofl991, 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 Southern District of Texas, Houston

P/azl1riffOngll1a/ Complaint

Page 1

Division. PARTIES
3. Plaintiff, the Commission, is the agency of the United States of America charged with the administration, interpretation, and enforcement of Title VII, and is expressly authorized to bring this action by Section 706(f)(1) and (3) of Title VII, 42 US.c. §2000e-5(f)(1) and (3).
4. At all relevant times, Defendant, Satchel's, has continuously been doing business in the State of Texas and the City of College Station and has continuously had at least fifteen employees.
5. At all relevant times, Defendant, Satchel's, has continuously been an employer engaged in an industry affecting commerce within the meaning of Section 701(b), (g), and (h) of TItle VII, 42 U.S.C. §§2000e-(b), (g), and (h).
STATEMENT OF CLAIMS 6. More than thirty days prior to the institution of this lawsuit, James Peterson filed a charge with the Commission alleging violations of Title VII by Defendant. All conditions precedent to the institution of this lawsuit have been fulfilled. 7. On or about April 2002, Defendant, Satchel's, engaged in unlawful employment practices at its College Station, Texas facility, in violation of Section 703(a)(1) of Title VII, 42 U.S.c. §2000e-2(a)(1). The practices include discriminating against James Peterson on the basis of his race, Black, by creating a hostile work environment by allowing the Company President and General Manager to make derogatory slurs and comments about Blacks. 8. The effect of the practices complained of in paragraph seven above has been to deprive James Peterson of equal employment opportunities and to otherwise adversely affect his status as employee, because of his race.

Plaintiff Onginal Complaint

Page 2

9. The unlawful employment practices complained of in paragraph seven above were intentional.
10. The unlawful employment practices complained of in paragraph seven above were done with malice or with reckless indifference to the federally protected rights of James Peterson.
PRAYER FOR RELIEF Wherefore, the Commission respectfully requests that this Court: A. Grant a permanent injunction enjoining the Defendant, Satchel's, its officers, successors, assigns, and all persons in active concert or participation with it, from engaging in conduct which creates and/or permits a hostile work environment on the basis of race or which discriminates on the basis of race and any other employment practice which discriminates on the basis of race; B. Order Defendant, Satchel's, to institute and carry out policies, practices, and programs which provide equal employment opportunities for Blacks, and which eradicate the effects of its past and present unlawful employment practices; C. Order Defendant, Satchel's, to make whole James Peterson for the hostile work environment caused by Defendant's discriminatory practices by providing compensation for past and future pecuniary losses resulting from the unlawful employment practices described III paragraph seven above, including, but not limited to, in an amount to be determined at trial; D. Order Defendant, Satchel's, to make whole James Peterson for being subjected to the hostile work environment caused by Defendant's discriminatory practices by providing compensation for past and future non-pecuniary losses resulting from the unlawful employment practices complained of in paragraph seven above, including, but not limited to, emotional pain,

P/(/lIlfl//Origll1{J/ Camp/alia

Page 3

inconvenience, humiliation, suffering, stress, and loss of enjoyment of life, in an amount to be determined at trial;
E. Order Defendant, Satchel's, to pay James Peterson punitive damages for its malicious and reckless conduct described in paragraph seven above, in an amount to be determined at trial;
F. Grant such further relief as the Court deems necessary and proper in the public interest; and
G. 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, ERIC S. DREIBAND General Counsel JAMES L. LEE Deputy General Counsel GWENDOLYN YOUNG REAMS Associate General Counsel
ROBERT B. HARWIN Regional Attorney District of Columbia Bar No. 076083

PlaintiffOriginal Complaint

pervisory Tri 1Attorney exasState Bar No. 19708300 Federal ID No. 14850
Page 4

JENCN1IF~~L ~
Attomey-in-Charge Colorado State Bar No. 033240 Federal ID No. 36033
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
San Antonio Dis!rict Office 5410 Fredericksburg Rd., Ste. 200 S~m Antonio, Texas 78229-3555 Telephone: (210) 281-7636 Facsimile: (210) 281-7669
ATTORNEYS FOR PLAINTIFF

Pia 111 tiff Origll1al Complaint

Page 5

 
 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS
HOUSTON DIVISION

United States Courts
Southern District of Texas
ENTERED
SEP 2 0 2005
IIIcbaaI No Milby, Clerk of COUrt

I<:QUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff,
v.
SATCHEL'S BBQ & STEAKS, INC. d/b/a SAVANNAH'S FINE CATERING,
Defendant.

§ § § § § § Civil Action No. H-05-2979 § § § § §

CONSENT DECREE The parties to this Consent Decree are the Plaintiff, United States Equal Employment Opportunity Commission ("EEOC"), and Defendant, Satchel's BBQ & Steaks, Tnc. d/b/a Savannah's Fine Catering ("Satchel's"). This Consent Decree resolves the allegations raised by the EEOC ill the above-referenced Civil Action No. H-05-2979. The EEOC initiated this lawsuit 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 race, Black, and to provide appropriate relief to James Peterson, who was adversely affected by such practices. The EEOC alleges that Satchel's allowed James Peterson to be SUbjected to a hostile work envIronment because he is Black. The EEOC and Satchel's wish to settle this action, without the risks, uncertainties and expenses of continued litigation. under the tenns in the Decree. IT IS ORDERED, ADJUDGED AND DECREED as follows:

('Onl i'lIl Decree

Page I

1. This Court has jurisdiction of the subject matter of this action and the parties,
venue is proper. and all administrative prerequisites to the EEOC's filing of this action have been
met. The parties stipulate to the Court's jurisdiction.
2. This Consent Decree resolves all issues raised in the EEOC's complaint. The
EEOC waives further litigation of all issues raised in the above-referenced complaint. The
EEOC expressly reserves its right, however, to process and litigate any other charges which may
now be pending or may in the future be filed against Defendant Satchel's.
SCOPE OF CONSENT DECREE 3. The duration of this Decree shall be three (3) years from the date of its filing with the Court. This Court shall retain jurisdiction of this action during the period of this Decree and may enter further orders or modifications as may be appropriate. Should any disputes under this Decree remain unresolved after this three-year period, the term of the Decree shall be automatically extended, and the Court will retain jurisdiction of this matter to enforce the Consent Decree, until such time as all disputes have been resolved.
INJUNCTIVE PROVISIONS
4. Race Discrimination. Satchel's is hereby enjoined from:
a) Discriminating against any employee on the basis ofrace, Black, in violation of Title VII;
b) Engaging in or being a party to any action, policy or practice that has the effect of harassing or intimidating any employee on the basis of race; and
c) Creating, facilitating or permitting the existence of a work environment that is hostile to any employee through acts such as physical/verbal abuse and derogatory comments, on the basis of race.
MONETARY RELIEF 5. Defendant Satchel's, in settlement of this dispute. shall pay to Mr. James Peterson a sum of $12,000.00 payable in one installment of $4,000.00 due on or before September 15,

lOllsell1 Decree

Page 2

2005 and eight remaining monthly installments of $1,000.00 due on or before the 15th day of each month thereafter, with the final installment of $1,000.00 due on or before May 15, 2006. Each installment shall be mailed to James Peterson's attorney Andrew S. Golub at 8 Greenway Plaza, 14th Floor, Houston, Texas 77046. A copy of each settlement check and any accompanying transmittal documents shall be forwarded to Robert B. Harwin, Regional Attorney, San Antonio District Office, United States Equal Employment Opportunity Commission, 5410 Fredericksburg Road, Suite 200, San Antonio, Texas 78229.
TRAINING

6. If Satchel's resumes business within 3 years of the date of this Consent Decree,

Satchel's will provide two (2) hours of training to all owners, officers, managers, and

supervisory personnel of Satchel's according to the following tenns on the subject of the

employment provisions of Title VII, including race based discrimination and hostile work

(;11" ironment

7.

Within ten (10) days after the completion of the training session, Satchel's shall

cct1i fy to the EEOC, in writing, that the required training has taken place and that required

personnel attended. Such certification shall include:

a) The date, location and duration of the training; and

b) A copy of the registry of attendance which shall include the name and position or

title of each person in attendance.

POSTING REQUIREMENT

8. If Satchel's resumes business within 3 years of the date of this Consent Decree,
Satchel's shall post copies of the Notice attached as Exhibit" A" to this Decree at its facilities in all conspicllous locations casily accessible to and commonly frequented by employees. The

Notice shall then remain posted for the duration of this Decree. Satchel's shall ensure that the
Notice is not alLered, defaced or covered by any other matenal. Satchel's shall certify to the

COn.lent Decree

Page 3

EEOC in writing within ten (10) business days after entry of the Decree that the Notice has been

properly posted.

MISCELLANEOUS PROVISIONS

9.

Satchel's shall bear the costs associated with administering and implementing the

provisions of this Decree.

10. Except as provided herein, the parties to this Decree shall bear their own costs and
attorney's fees. Furthermore, the parties agree that pursuant to Section 706(k) of Title vn, 42

U.S.c. ~ 2000e-5(k), there is no "prevailing party" in this action or proceeding.

11. The terms of this Decree shall be binding upon the EEOC and Satchel's, its

agents, officers, employees, servants, successors, and assigns. as to the issues resolved herein.

12. When this Consent Decree requires the submission by Satchel's of documents or

otber materials to EEOC, such documents or other materials shall be mailed to Robert B.

Harwin, Regional Attorney, 5410 Fredericksburg Road, Suite 200, San Antonio, Texas 78229.

The Clerk shall furnish a copy hereo f to each attorney of record.
SO ORDERED AND ENTERED this ~day of c-¥/~

,2005.

Consent Decree

Respectfully submitted,
ERIC S. DREIBAND General Counsel
JAMES L. LEE Deputy General Counsel
GWENDOLYN YOUNG REAMS
Pllge 4

Associate General Counsel
~~,~
ROBERT B. HARWIN Regional Attorney District of Columbia Bar No. 076083

S ervisory Trial ome)( xas State Bar No. 19708:100
Federal ID No. 14850

Attol11cy State Bar No. 18966770 Federal lD No. 13952

J~ ENA ~LL~~
Attorney- in- Charge
Colorado State Bar No. 033240
Federal 10 No. 36033

SCOTT. DOUGLASS & McCONNICO, LLP 600 Congrcss Avenue. Suite 1500 Austin, Texas 78701-2589 Telephone: (512) 495-6300 Facsimile: (512) 474-0731
ATTORNEY FOR DEFENDANT

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
San Antonio District Office 5410 Fredericksburg Rd., Ste 200 San Antonio, TX 78229-3555 Telephone: (210) 281-7636 Facsimile: (210) 281-7669
ATTORNEYS FOR PLArNTIFF

Consent Decree

P(rge 5

EXHIBIT A
NOTICE AS REQUIRED UNDER TITLE VII OF THE CIVIL RIGHTS ACT OF 1964
I. This NOTICE to all employees of Satchel's is being posted as part of an agreement between Satchel's and the U.S. Equal Employment Opportunity Commission.
2. Federal law requires that there be no discrimination against any employee or applicant for employment because of that person's race, color, religion, sex, national origin, or age with respect to hiring, compensation, promotion, discharge, or other tenns, conditions or privileges of employment.
3. Satchel's strongly supports and will comply with such Federal law in all aspects and it will not take any action against employees because they have exercised their rights under the law by filing charges with the U.S. Equal Employment Opportunity Commission.
4. If you believe you are being discriminated against in any tenn or condition of your employment because of your race, religion, color. national origin, sex. or disability, or that you are being subjected to harassment because of your race or because of having engaged in Title VII-protected activity, you are encouraged to seek assistance from supervisory personnel, or from the U.S. Equal Employment Opportunity Commission, 5410 Fredericksburg Road, Suite 200, San Antonio, Texas 78229-3555, (210) 281-7600 or 1-800-669-4000.
5. No retaliatory action may be taken against you for seeking assistance, filing a charge, or communicating with the U.S. Equal Employment Opportunity Commission.
6. Basing employment actions on the race of an employee may also constitute a violation of Title VU of the Civil Rights Act of 1964, as amended, and any such conduct is a violation of company policy. Any employee found to be in violation
of this company policy will be subject to written reprimand, suspension, and/or
discharge.
7. This NOTICE will remain posted until September 14, 2008, by direction of the U.s. Equal Employment Opportunity Commission.

 
 DC CM/ECF LIVE- US District Court-Texas Southern - Docket Report

https://ecf.txsd.uscourts.gov/cgi-bin/DktRpt.pl?113485367314813-L_3...

U.S. District Court SOUTHERN DISTRICT OF TEXAS (Houston) CIVIL DOCKET FOR CASE #: 4:05-cv-02979

CLOSED

Equal Employment Opportunity Commission v. Sachel's BBQ & Date Filed: 08/23/2005

Steaks, Inc

Date Terminated: 09/20/2005

Assigned to: Judge Kenneth M. Hoyt

Jury Demand: Plaintiff

Cause: 42:2000 Job Discrimination (Race)

Nature of Suit: 442 Civil Rights: Jobs

Jurisdiction: U.S. Government Plaintiff

Plaintiff
Equal Employment Opportunity Commission

represented by Jennifer A Randall EEOC 5410 Fredericksburg Rd Ste 200 San Antonio, TX 78229 210-281-7636 LEAD ATTORNEY ATTORNEY TO BE NOTICED

V. Defendant Sachel's BBQ & Steaks, Inc d/b/a Savannah's Fine Catering
Interested Party James Peterson

represented by Julie A Springer Scott Douglass et al 600 Congress Ave Ste 1500 Austin, TX 78701 512-495-6300 Fax: 512-474-0731 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed 08/23/2005 08/23/2005

#

Docket Text

1 COMPLAINT against Sachel's BBQ & Steaks, Inc (Filing fee $ 250) filed by Equal Employment Opportunity Commission.(lfilmore, ) Additional attachment(s) added on 8/23/2005 (lfilmore, ). (Entered: 08/23/2005)
2 ORDER for Initial Pretrial and Scheduling Conference by Telephone and Order to Disclose Interested Persons. Telephone Conference set for 11/21/2005 at 04:00

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DC CM/ECF LIVE- US District Court-Texas Southern - Docket Report

https://ecf.txsd.uscourts.gov/cgi-bin/DktRpt.pl?113485367314813-L_3...

09/13/2005 09/14/2005 09/16/2005
09/20/2005 09/20/2005

PM by telephone before Judge Kenneth M. Hoyt. ( Signed by Judge Kenneth M. Hoyt ) Parties notified. (smurdock, ) (Entered: 08/24/2005)
Fee waived re: 1 Complaint , filed. (klove, ) (Entered: 09/13/2005)
3 CERTIFICATE OF INTERESTED PARTIES by Equal Employment Opportunity Commission, filed.(jdavenport, ) (Entered: 09/16/2005)
4 Joint MOTION to Enter Consent Decree by Equal Employment Opportunity Commission, Sachel's BBQ & Steaks, Inc, filed. Motion Docket Date 10/6/2005. (Attachments: # 1 Consent Decree# 2 Final Judgment Order)(ltien, ) (Entered: 09/16/2005)
5 CONSENT DECREE granting 4 Motion for Entry of Order .( Signed by Judge Kenneth M. Hoyt ) Parties notified.(bthomas, ) (Entered: 09/20/2005)
6 FINAL JUDGMENT ORDER ENTERING CONSENT DECREE .( Signed by Judge Kenneth M. Hoyt ) Parties notified.(bthomas, ) (Entered: 09/20/2005)

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