S~II~iSgljRT U
EASTERN

D&TRI~T

ARKAr,SA,

IN THE UNITED STATES DISTRICT COURT

NOV 091998

FOR THE EASTERN DISTRICT OF ARKANSA~ES W. McCORMACK, CU=_.

EASTERN DIVISION

By:
------------~D~E=PCI

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Plaintiff,
v.
MCKNIGHT PLYWOOD, INC.
Defendant.

)

)

)

H-t-98 -143

)

CIVIL ACTION NO.

)

)

COMPLAINT

)

)

JURY TRIAL DEMAND

)

)

) Thts case assigned to Disttict Judge MOO-¥_

)

and to Magistrate Judge

JQNeS

NATURE OF THE ACTION

This is an action under Title I of the Americans With

Disabilities Act of 1990 and the Civil Rights Act of 1991 to

correct unlawful employment practices on the basis of disability,

and to provide appropriate make whole relief to Virgil D. Edwards,

III. Defendant terminated Virgil D. Edwards, III because of his

disability.

Defendant failed to consider any reasonable

accommodations for Mr. Edwards' disability.

JURISDICTION AND VENUE
1. Jurisdiction of this Court is invoked pursuant to 28 U. S . C. § § 451 , 1331 , 13 37, 1343 , and 1345 • This is an action authorized and instituted pursuant to Section 107(a) of the Americans with Disabilities Act of 1990 ("ADA"), 42 U.S.C. S12117(a), which incorporates by reference sections 706(f) (1) and
'=,1'1
JAMES W.III:CORIIACK ClEf« Of COURT

(3) of Title VII of the civil Rights Act of 1964 ("Title VII"), 42 U.S.C. SS2000e-5(f) (1) and (3), and pursuant to section 102 of the civil Rights Act of 1991, 42 U.S.C. S19a1a.
2. The unlawful employment practices alleged below were and are now being committed in the Eastern District of Arkansas, Eastern Division.
PARTIES 3. Plaintiff, Equal Employment Opportunity Commission (the "Commission") is an agency of the United states of America charged with the administration, interpretation, and enforcement of Title I of the ADA and is expressly authorized to bring this action by section l07(a) of the ADA, 42 U.S.C. 512117(a), which incorporates by reference section 706(f) (1) of Title VII, 42 U.S.C. 52000e5Cf)(1). 4. At all relevant times, Defendant, McKnight Plywood, Inc. ("Defendant Employer"), was a corporation doing business in the state of Arkansas and has continuously had at least twenty five (25) employees. 5. At all relevant times, Defendant Employer has continuously been and is now an employer engaged in an industry affecting commerce within the meaning of section 101(5) of the ADA, 42 U.S.C. 512111(5), and section 101(7) of the ADA, 42 U.S.C. 512111(7), which incorporates by reference sections 701(g) and (h) of Title VII, 42 U.S.C. 552000e(g) and (h). 6. The Defendant Employer, McKnight Plywood, Inc., has been a covered entity under section 101(2) of the ADA, 42 U.S.C. 512111 (2) .

STATEMENT or CLAIKS

7. More than thirty (30) days prior to the institution of

this lawsuit, Virgil O. Edwards, III, filed a charge with the

Commission alleging violations of Title I of the ADA by Defendant

Employer. All conditions precedent to the institution of this

lawsuit have been fulfilled.

8. Since at least July 1, 1997, Defendant Employer has

engaged in unlawful employment practices in violation of the ADA

sections 102(a), 102(b) (1), 42 U.S.C. SSI2112(a) and 12112(b) (1)

at its West Helena, Arkansas facility. These unlawful practices

include, but are not limited to Defendant's failure to consider any

reasonable accommodation for the disability of Virgil D. Edwards,

III, alcoholism.

Virgil D. Edwards, III, is a qualified

individual with a disability who was able to perform the essential

functions of the position he held at Defendant Employer' s West

Helena facility.

9. Defendant Employer discharged virgil D. Edwards I III,

from his employment because of his disability.

10. The practices alleged above have effectively deprived

Virgil D. Edwards, III, of equal employment opportunities and

adversely affected his status as an employee because of his

disability.

11. The unlawful employment practices complained of above

were intentional.

12. Defendant Employer at all relevant times has been acting

with malice or reckless indifference to the federally protected

3

rights of virgil D. Edwards, III, in violation of the ADA, 42 U.S.C. S12101 ~ ~

PRAYER FOR RELIEF

WHEREFORE, the Commission respectfully prays that this Court:

A.

Grant a permanent injunction enjoining the Defendant

Employer, its officers, successors, assigns and all persons in

active concert or participation with it, from engaging in any

employment practice which discriminates on the basis of disability.

B. Order Defendant Employer to institute and carry out

policies, practices and programs which provide equal employment

opportunities for qualified individuals with disabilities, and

which eradicate the effects of its past and present unlawful

employment practices.

C. Order Defendant Employer to make whole Virgil D. Edwards,

III, by providing appropriate back pay with interest, in an amount

to be proved at trial, and other affirmative relief necessary to

eradicate the effects of its unlawful employment practices,

including but not limited to, instatement to his rightful place.

D. Order Defendant Employer to make whole Virgil D. Edwards,

III, by providing compensation for past and future pecuniary

losses, including but not limited to, relocation expenses, job

search expenses and medical expenses incurred by Virgil D. Edwards,

III, after his separation from Defendant Employer that would have

been covered by Defendant Employer's benefit plan.

4

E. Order Defendant Employer to make whole Virgil D. Edwards, III, by providing compensation for non-pecuniary losses, including emotional pain, suffering, loss of enjoyment of life, humiliation, inconvenience, mental anguish, and embarrassment, in amounts to be determined at trial.
F. Order Defendant Employer to pay Virgil D. Edwards, III, punitive damages for its malicious and/or reckless conduct, in an amount 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.
5

JURY TRIAL DEHAIfI) The Commission requests a jury trial on all questions of fact raised by its complaint.
C. GREGORY STEWART General Counsel
G.ENDOLD YOUNG REAMS Associate General Counsel
KATHARINE W. KORES Regional Attorney
Supervisory Trial Attorney
.IL lAM A. CASH, JR Senior Trial Attorney Arkansas Bar #88081 EQUAL EMPLOYMENT OPPORTUNITY
COMMISSION 1407 Union Avenue, Suite 621 Memphis, Tennessee 38104 Telephone: (901) 544-0140
6

 
 FILED
u.s. DISTRICT COURT

EASTERN DISTR1CT ARKANSA~

IN THE UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF ARKANSAS

JAN 1 3 1999

EASTERN DIVISION

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

V.

CASE NO. H-CV-98-143

MCKNIGHT PLYWOOD, INC.

DEFENDANT

ORDER Pending before the Court is defendant's Motion to Dismiss based upon 11 U.S.C. § 362. The Court concludes that a stay of the litigation is not warranted under 11 U.S.C. § 362. Defendant's Motion to Dismiss is denied (#4). In addition, defendant's December 31, 1998 request that this case be transferred to the United States Bankruptcy Court pursuant to 28 U.S.C. § 157 is denied. IT IS SO ORDERED this \]' day of January, 1999.
1s;~"- vV\ V~~
James M. Moody United States District Judge

bt UNITED STATES DISTRICT COURT Eastern District of Arkansas u.S. Post Office & Court House 600 West Capitol, Suite 402 Little Rock, Arkansas 72201-3325
January 14, 1999

* * MAILING CERTIFICATE OF CLERK * *
Re: 2:98-cv-00143.

True and correct copies of the attached were mailed by the clerk to the following:

Byron L. Freeland, Esq. Mitchell, Williams, Selig, Gates 425 West Capitol Avenue Suite 1800 Little Rock, AR 72201-3525

& Woodyard,

P.L.L.C.

William A. Cash Jr., Esq. Equal Employment Opportunity Commission 1407 Union Avenue Suite 621 Memphis, TN 38104

Terry Beck, Esq. Equal Employment Opportunity Commission 1407 Union Avenue Suite 621 Memphis, TN 38104

Katharine W. Kores, Esq. Equal Employment Opportunity Commission 1407 Union Avenue Suite 621 Memphis, TN 38104

Date:

James W. McCormack, Clerk BY:

 
 '~-r
';p·s
n IN THE UNITED STATES DISTRICT COURT I iM<_! (.»J
FOR THE EASTERN DISTRICT OF ARKANSAS EASTERN DIVISION

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Plaintiff,
v.
MCKNIGHT PLYWOOD, INC.
Defendant.

)

)

)

)

CIVIL ACTION NO.

)

H-C-98-143

)

)

)

)

)

)

)

)

)

CONSENT DECREE

This action was instituted by the Equal Employment Opportuni ty

Conunission (hereinafter the "Commission") against the Defendant,

MCKnight Plywood, Inc., pursuant to Section 107 (a) of the Americans

With Disabilities Act of 1990 ("ADA"), 42 U.S.C. §12117(a), which

incorporates by reference Sections 706(f) (1) and (3) of Title VII

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

5(f) (1) and (3), and pursuant to Section 102 of the Civil Rights

Act of 1991, 42 U.S.C. §1981a, to remedy unlawful practices alleged

In the Complaint filed in this action.

In the event this proposed Consent Decree is not approved or

does not become final, then it shall not be admissible in evidence

in any subsequent proceeding in this action.

This Decree shall

not constitute evidence of any violation by the Defendant of the

Americans Wi th Disabili ties Act, as amended, and shall not be

admissible in any other civil actions other than actions arising

out of the rights and obligations of the parties under this Decree.

This Consent Decree does not constitute an admission by the

Defendant of the allegations of the Complaint.

However, all

parties to this action desire to avoid the additional expense and

delay in this litigation of this case.

The Court has reviewed the terms of the proposed Consent

Decree in light of the applicable laws and regulations, the

statements of counsel for all parties, and hereby approves the

Consent Decree.

NOW, THEREFORE, the Court being fully advised in the premises,

it is hereby ORDERED, ADJUDGED AND DECREED:

I. JURISDICTION The United States District Court for the Eastern District of Arkansas, Eastern Division, has jurisdiction over the parties and subject matter of this litigation.

II. SCOPE AND DURATION OF DECREE A. This Consent Decree resolves all issues and claims arising out of the Commission's Complaint in this cause alleging unlawful employment policies and practices maintained by the Defendant and arising out of Charge No. 251-97-1595 filed by the Charging Party Virgil D. Edwards, III with the Commission. Notwi thstanding any provisions contained in this Decree, this agreement shall not be considered in any manner to bE~ disposi tive of any charge now pending before any office of the Conunission other

than Charge No. 251-97-1595. B. The provisions of this Consent Decree shall continue to
be effective and binding upon the parties to this action for a period of two years from the date of the entry of this decree.

III. NON-DISCRIMINATION PROVISION

A. The Defendant, its officers, agents, employees, and

all persons acting in concert with the Defendant shall not fail to

provide reasonable accommodations to any employee wi th a disabili ty as required by the Americans With Disabilities Act, as arnended.

B. The Defendant, its officers, agents, employees, and

all persons acting in concert with the Defendant shall not engage

in any employment practice which has the purpose or effect of

discriminating against any individual on the basis of a disability

under the .~'1lericans With Disabilities Act.

C. Defendant agrees to conduct a training session on the

requirements of the Americans With Disabilities Act for all the

management employees at Defendant's facility in West Helena,

Arkansas. This training session will be conducted within ninety

(90) days of the entry of this decree.

A list of the employees

that attend the training session and a copy of the training

materials will be provided to Plaintiff within thirty (30) days of

the training session

D. Defendant will provide a copy of its Americans With

Disabili ties Act policy to all of its employees at Defendant' s

facility in West Helena, Arkansas, within thirty (30) days of the

entry of this decree.

IV. NON-RETALIATION PROVISION Defendant, its officers, agents, employees, and all persons acting in concert with Defendant shall not take any retaliatory measure against Virgil D. Edwards, III or any other person for opposing practices made unlawful under the Americans With Disabilities Act or for making a charge or complaint to the Commission, testifying, assisting, or participating in any manner in any investigation, proceeding, or hearing under the Americans With Disabilities Act.
V. NOTICE

Defendant shall continue to conspicuously post at Defendant's

facility in West Helena, Arkansas, the notice (poster) required to

be posted pursuant to the Americans wi th Disabili ties Act, as

amended.

VI. INDIVIDUAL RELIEF

A.

Defendant shall expunge from Virgil D. Edwards, III

personnel records any unfavorable or adverse personnel comments

regarding any aspect of his employment with Defendant. Defendant

shall expunge from Mr. Edwards' personnel records any reference to

EEOC Charge No. 251-97-1595 and Mr. Edwards' participation in this litigation.
B. Defendant agrees that Virgil D. Edwards III shall have an unsecured claim in Bankruptcy Case No. 98-20261-M in the amount of

$5,000.00. Defendant further agrees that it will not contest or controvert the claim in any manner.
C. Defendant agrees to give a neutral reference to any potential employers of Virgil D. Edwards, III who request a job reference. Any such neutral reference shall be identical to the form demonstrated in Appendix A. No mention of Mr. Edwards' charge of discrimination or this action will be made as part of the neutral reference.
VII. COSTS EEOC and Defendant shall bear their own costs, including attorneys' fees.

SO ORDERED THIS "30 DAY OF

'(Y\ ~ _ _~_______I 2000.

Cl..~ ~TATEVVS\ VVD1I.oSQTR<:I:lC<.T;;;::l_...J.>.U..D.D.L-G-_E _

COUNSEL FOR PLAINTIFF
TERRYCK'
Supervisory Trial Attorney

COUNSEL FOR DEFENDANT
, Williams, Selig, Gates & Woodward 425 W. Capi tal Ave., Ste. 1800 Little Rock, AR 72201
~£~ McKnight Plywood, Inc.

EQUAL EMPLOYI'1ENT OPPORTUNI'l'Y COMMISSION
425 W. Capitol, ste. 625 Little Rock, AR 72201 Telephone: (501) 324-5539
~~}jPh~
PAMELA B. DIXON
Trial Attorney

Dear

This letter is in response to your inquiry regarding the employment of Virgil D. Edwards, III while employed at McKnight Plywood, Inc.

Mr. Edwards worked at McKnight Plywood, Inc. from

through

Company policy does

not permit us to give out any more information concerning Mr.

Edward's employment.

I am sure Mr. Edwards can provide you wi th the details

concerning his tenure at McKnight Plywood, Inc.

I hope this

information is helpful and that it satisfactorily answers your

inquiry.

Very truly yours,

MCKNIGHT PLYWOOD, INC.

ah UNITED STATES DISTRICT COURT Eastern District of Arkansas U.S. Post Office & Court House 600 West Capitol, Suite 402 Little Rock, Arkansas 72201-3325
March 31, 2000

* * MAILING CERTIFICATE OF CLERK * *
Re: 2:98-cv-00143.

True and correct copies of the attached were mailed by the clerk to the following:

Byron L. Freeland, Esq. Mitchell, Williams, Selig, Gates 425 West Capitol Avenue
Suite 1800 Little Rock, AR 72201-3525

& Woodyard,

P.L.L.C.

William A. Cash Jr., Esq. Equal Employment Opportunity commission 425 West Capitol Avenue Suite 625 Little Rock, AR 72201

Terry Beck, Esq. Equal Employment Opportunity Commission 1407 Union Avenue Suite 621 Memphis, TN 38104

Katharine W. Kores, Esq. Equal Employment Opportunity Commission 1407 Union Avenue Suite 621 Memphis, TN 38104

press

Date:

3/31/00

James W. McCormack, Clerk
A hensley BY:

 
 CM/ECF - ARED - LIVE - Docket Report

Page 1 of 3

DISC, HLJ, TERMED
U.S. District Court Eastern District of Arkansas (Helena) CIVIL DOCKET FOR CASE #: 2:98-cv-00143-JMM

EEOC v. McKnight Plywood Inc Assigned to: Judge James M Moody Demand: $0 Cause: 42:2000e Job Discrimination (Employment)

Date Filed: 11/09/1998 Date Terminated: 03/31/2000 Jury Demand: Both Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

Plaintiff
Equal Employment Opportunity Commission

represented by Katharine W. Kores Equal Employment Opportunity Commission - Memphis 1407 Union Avenue Suite 621 Memphis, TN 38104 (901) 544-0135 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Terry Beck Equal Employment Opportunity Commission - Memphis 1407 Union Avenue Suite 621 Memphis, TN 38104 (901) 544-0138 Email: terry.beck@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

William A. Cash, Jr. Equal Employment Opportunity Commission - Little Rock 820 Louisiana Street Suite 200 Little Rock, AR 72201 (501) 324-5539 Email: william.cash@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

V. Defendant

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McKnight Plywood Inc

represented by Byron L. Freeland Mitchell, Williams, Selig, Gates & Woodyard, P.L.L.C. - LR 425 West Capitol Avenue Suite 1800 Little Rock, AR 72201 (501) 688-8810 Email: bfreeland@mwsgw.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed 11/09/1998 11/27/1998 12/11/1998 12/11/1998 12/11/1998 12/21/1998 12/21/1998 12/31/1998 01/08/1999 01/08/1999 01/13/1999 07/26/1999
02/22/2000

#

Docket Text

1 TITLE VII COMPLAINT with jury demand, no summons issued (cdw) (Entered: 11/10/1998)

2 WAIVER OF SERVICE OF SUMMONS upon defendant McKnight Plywood Inc on 11/16/98 (bmt) (Entered: 11/27/1998)

3 ANSWER by defendant McKnight Plywood Inc with jury demand (former empl) (Entered: 12/14/1998)

4 MOTION by defendant McKnight Plywood Inc to dismiss (former empl) (Entered: 12/14/1998)

5 BRIEF by defendant McKnight Plywood Inc in support of motion to dismiss [4-1] (former empl) (Entered: 12/14/1998)

6 RESPONSE by plaintiff EEOC to motion to dismiss [4-1] (former empl) (Entered: 12/22/1998)

7 BRIEF by plaintiff EEOC in support of motion response [6-1] (former empl) (Entered: 12/22/1998)

8 REPLY by deft in support of its motion to dismiss [4-1] (kjp) (Entered: 12/31/1998)

9 OBJECTIONS by plaintiff EEOC to defendant's reply [8-1] (former empl) (Entered: 01/11/1999)

10 BRIEF by plaintiff EEOC in support of objection [9-1] (former empl) (Entered: 01/11/1999)

11 ORDER by Judge James M. Moody denying motion to dismiss [4-1] (cc: all counsel) (bmt) (Entered: 01/14/1999)

12 SCHEDULING ORDER (DOC) jury trial set for 9:15 a.m. on 3/13/00 in Helena AR; discovery due 1/13/00; status report due 1/13/00; motion deadline 1/23/00; pretrial info sheet due 2/22/00 (cc: all counsel) (bsm) Modified on 07/28/1999 (Entered: 07/26/1999)

13 PRETRIAL INFORMATION SHEET by plaintiff; estimated length of trial 1 to 2 days (former empl) (Entered: 02/23/2000)

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02/22/2000 03/30/2000

14 PRETRIAL INFORMATION SHEET by defendant; estimated length of trial 1 1/2 days (former empl) (Entered: 02/23/2000)
15 CONSENT DECREE by Judge James M. Moody; Parties shall bear their own costs, including attorneys' fees; terminating case (cc: all counsel) (former empl) Modified on 03/31/2000 (Entered: 03/31/2000)

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