EQUAL EMPLOYMENT OPPORTUNITY ) COMMISSION,
Plaintiff,

V.
DONNA SALYERS’ FABULOUS FURS COMPANY
Defendant.

1 1 COMPLAINT
1 1
)
)
1
) ) JURY TRIAL DEMAND

NATURE OF THE ACTION

The United States Fqual Employment Opportunity Commission (the “Commission”) brings this action against Donna Salyers’ Fabulous Furs Company (“DSFF”) pursuant to Title

VII of the Civil Rights Act of 1964 and Title I of the Civil Rights Act of 1991 in order to correct

DSFF’s unlawful employment practices on the basis of sex and retaliation, and to provide

appropriate relief to Melissa Vogt (“Vogt”), Tammy Riggs (“Riggs”), Brenda Oliver (“Oliver”)

and Victoria Pelgen (“Pelgen”), who each were affected adversely by such practices. As alleged

in paragraph seven below, the Commission alleges that DSFF subjected Vogt, Riggs, Oliver and

Pelgen to sexual harassment and retaliation.

JURISDICTION AND VENUE
1. Jurisdictionof this Court is invoked pursuant to 28 U.S.C. $6 451,1331,1337,
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. Q 2000e-5(f)(l) and (3) ("Title

VII") and Section 102 of the Civil Rights Act of 1991,42 U.S.C. Q 1981a.

2. The employment practices alleged to be unlawful were committed within the

jurisdiction of the United States District Court for the Eastern District of Kentucky, Covington

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)(l) and (3) of Title VII, 42 U.S.C. Q 2000e-5(f)(l) and (3).

4. Defendant, DSFF, is currently a corporation and at all relevant times has

continuously been a corporation doing business in the Commonwealth of Kentucky and the City

of Covington, and has continuously had at least 15 employees.

5. At all relevant times, DSFF has 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. QQ

2000e(b), (g) and 01).

STATEMENT OF CLAIMS

6 . More than thirty days prior to the institution of this lawsuit, Vogt, Riggs, Oliver

and Pelgen each 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. From at least August 2001, Defendant engaged in unlawful employment practices

at its facility in Covington, Kentucky, in violation of Section 703(a)(l) of Title VII, 42 U.S.C. $

2

2000e-2(a)(l). Defendant subjected Vogt, Riggs, Oliver and Pelgen to sexual harassment and retaliation.
8. The effect of the practice complained of in paragraph seven above has been to deprive Vogt, Riggs, Oliver and Pelgen of equal employment opportunities and to otherwise adversely affect their respective employee status.
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 Vogt’s, Riggs’s, Oliver’s and Pelgen’s respective federally protected rights.
PRAYER FOR RELIEF
WHEREFORE, the Commission respectfully requests that this Court: A. Grant a permanent injunction enjoining DSFF, its officers, successors, assigns, and all persons in active concert or participation with it, from engaging in retaliation and sexual harassment. B. Order DSFF to institute and carry out policies, practices, and programs which provide equal employment opportunities for females and which eradicate the effects of its past and present unlawful employment practices based on sex. C. Order DSFF to make whole Vogt, Riggs, Oliver and Pelgen 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 unlawfid employment practices.

D. Order DSFF to make whole Vogt, Riggs, Oliver and Pelgen by providing compensation for past and future pecuniary losses resulting from the unlawful employment practices described in paragraph seven above in amounts to be determined at trial.
E. Order DSFF to make whole Vogt, Riggs, Oliver and Pelgen by providing compensation for past and future non-pecuniary losses resulting from the unlawfd practices complained of in paragraph seven above, including losses resulting from any emotional pain, suffering, inconvenience, loss of enjoyment of life, embarrassment and humiliation, in amounts to be determined at trial.
F. Order DSFF to pay Vogt, Riggs, Oliver and Pelgen punitive damages for its malicious and reckless conduct described in paragraph seven above, in amounts to be determined at trial.
G. Grant such further relief as the Court deems necessary and proper in the public interest.
H. Award the Commission its costs of this action.
4

JURY TRIAL DEMAND The Commission requests a jury trial on all questions of fact raised by its Complaint.
Respectfully submitted, GWENDOLYN YOUNG REAMS Associate General Counsel
J
@CHEL)E EISELE, #12070-49
EQUAL EMPLOYMENT OPPORTUNITY
COMMISSION Louisville Area Office 600 Martin Luther King, Jr. Place Suite 268 Louisville, Kentucky 40202-2285 (502) 582.6308 (Direct Dial) (502) 582.5895 (Facsimile)
5

 
 IN THE UNITED STATES DISTRICT COURT

OCT

FOR THE EASTERN DISTRICT OF KENTUCKY

gtt~, U.,~, lll$1RIgl COURT

COVINGTON DIVISION

LESLIE ~. W,Hi’TMER

EQUAL EMPLOYMENT OPPORTUNITY

CLERK ~ ~

COMMISSION,

CIVIL ACTION NO.

Plaintiff,

03-113 DLB

Vo
DONNA SALYERS’ FABULOUS FURS COMPANY

AMENDED COMPLAINT

Defendant.

JURY TRIAL DEMAND

NATURE OF THE ACTION

The United States Equal Employment Opportunity Commission (the "Commission")

brings this action against Donna Salyers’ FabuIous Furs Comparty ("DSFF") pursuant to Tide

VII of the Civil Rights Act of 1964 and Title I of the Civil Rights Act of 1991 in order to co~rcct

DSFF’s unlawful employment practices on the basis of sex and retaliation, and to provide appropriate relief to Melissa Vogt ("Vogt"), Tammy Riggs ("Riggs"), Brenda Oliver ("Oliver")

and Victoria Pelgen ("Pelgen"), who each were afro-ted adversely by such practices. As alleged

in paragraph seven below, the Commission alleges that DSFF subjected Vog% Riggs, Oliver and Pelgen to sexual harassment and retaliation.

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(0(1) and (3) of

Title VII of the Civil Rights Act of 1964, as mended, 42 U.S.C. § 2000e-S(f)(l) aad (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 Eastern District of Kentucky, Covington Division.
3. Plaintiff, the Commission, is the agency of the United States of America charged with the administration, interpretation and enforc, cment of Title VII, and is expressly authorized to bring this action by Section 706(0(1) and (3) of Title VII, 42 U.S.C. § 2000e-5(f)(1) and (3).
4. ’ Defendant, DSFF, is currently a corporation and at all relevant times has continuously been a corporation doing business in the Commonwealth of Kentucky and the City of Covington, and has continuously had at least 15 employees.
5. At all relevant times, DSFF has been an employer engaged in an industry affecting commerce within the meaning of Sections 701C0), (g) and (h) of Title VII, 42 U.S.C. §§
2000e(b), (g) and (h). STATEMElqT OF CLAIM
6. More than thirty days prior to the institution of this lawsuit, Vogt, Riggs, Oliver and Pelgen each filed a charge with the Commission alleging violations of Title VII by Defendant. All conditions precedent to the institution ofthis lawsuit have been fulfilled.
7. From at least August 2001, Defendant engaged in unlawful employment practices at its facility in Covington, Kentucky, in violation of Section 703(a)(1) and 704(a) of Title VII,

42 U.S.C. §§ 2000e-2(a)(1) and 2000e-3(a). Defendant subjected Vogt, Riggs, Oliver and Pdgen to sexual harassment and retaliation.
8. The effect of the practice complained of in paragraph seven above has been to deprive Vogt, Riggs, Oliver and Pelgen of equal employment opportunities and to otherwise adversely affect their respective employee status.
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 Vogt’s, Riggs’s, Oliver’s and Pelgen’s respective federally protected fights.
PRAYER FOR RELIEF WHEREFORE, the Commission respectfully requests that this Court: A. (irant a permanent injunction enjoining DSFF, its officers, successors, assigns, and all persons in active concert or participation with it, from engaging in retaliation and sexual harassment. B. Order DSFF to institute and carry out policies, practices, and programs which provide equal employment opportunities for females and which eradicate the effects of its past and present unlawful employment practices based on sex. C. Order DSFF to make whole Vogt, Riggs, Oliver and Pclgen 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.

D. Order DSFF to make whole Vogt, Riggs, Oliver and Pelgen by providing compensation for past and future pecuniary losses resulting from the unlawful employment practices described in paragraph seven above in amounts to be determined at trial.
E. Order DSFF to make whole Vogt, Riggs, Oliver and Pelg~n by providing compensation for past and future non-pecuniary losses resulting from the unlawful practices complained of in paragraph seven above, including losses r~sulting from any emotional pain, suffering, inconveniene.~, loss of enjoyment of life, embarrassment and humiliation, in amounts to be determined at trial.
F. Order DSFF to pay Vogt, Riggs, Oliver and Pelgen punitive damages for its malicious and reckless conduct described in paragraph seven above, in mounts to b¢ dcmrmined at trial.
Grant such further relief as the Court deems necessary and proper in the public interest.
H. Award the Commission its costs of this action.
4

JURY TRIAL DEMAND The Commission requests a jury trial on all questions of fact raised by its Complaint.
Respectfully submitted, GWENDOLYN YOUNG REAMS Associate General Counsel
L~E A. YO0~C~,/~ i450~4~r..~
M’~C~LLE EISELE, ~1207049 Supe~so~ TfiN Attorney
FARNS"6)~RTH, #836~-~9 Senior Trial Attorney EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 101 West Ohio Street, Suite 1900 Indianapolis, Indiana 46204 (317) 226-7949 FAX (317) 226-5571 Email: joann.famsworth@eeoc.gov

 
 Case 2:03-cv-00113-DLB Document 23 Filed 08/04/2004 Page 1 of 4
DEFENDANT AGREED PROTECTIVE ORDER WHEREAS, the proceedings in this action require the production and disclosure of confidentialandproprietary informationand documents,andDefendant,Donna Salyers' Fabulous Furs Company ("Fabulous Furs"), and Plaintiff,the Equal EmploymentOpportunityCommission ("EEOC"), have agreed pursuant to Rule 26 of the Federal Rules of Civil Procedure for a protective order relating to certain confidentialand proprietary informationand documentswhich may be utilized in the trial of the above-styled action, The parties hereby agree that a protective order shall be, and hereby is, entered in this action with the following provisions applying to the transfer and exchange of confidential and proprietary documents and information in this action: 1. Documents produced by Fabulous Furs to the EEOC relating to personnel files of non-claimants and non-parties, profit and loss statements, balance statements and financial statements,includingincome statements,tax returns,cash flow statements,generalledgerandtrial balance statements,accountsreceivable and accountspayable documents,paymentjournals, sales journals, bank statements, informationprovided to banks on financial loan institutions, cash flow

Case 2:03-cv-00113-DLB Document 23 Filed 08/04/2004 Page 2 of 4
projections, borrowing base certificates and valuations and information derived therefrom (collectively referred to as “Category One”) shall be “Confidential Information.”
2. Documents produced by Fabulous Furs to the EEOC relating to strategic plans, marketing plans, business plans or market studies and information derived therefrom (collectively referred to as “Category TWO”s)hall be “Confidential Information.”
3. ConfidentialInformationshallnot be disclosedto or discussedwith anyperson, fm or other entity or made public in any way except as provided herein or by further order of the Court or by consent of the Defendant, which shall not be unreasonably withheld.
4. If Confidential Information is filed with the Court, it shall be placed in an envelope marked “confidential” with a designation on the envelope of the purpose for which the documents are being filed.
5. It is the responsibility of each party in this action to maintain materials which containConfidentialInformation,as designated under this Order,in a secureand appropriateplace and to allow access to such Confidential Information to such persons only as is permitted under this Order. 6. Except with the prior consent of Defendant, Category Two Confidential Information may only be disclosed to the parties and counsel of record for the respective parties; paralegals and clerical staff of counsel, and to consulting or testifying experts. Category One Confidential Information may also be disclosed to individuals whom counsel for the parties reasonably anticipatemay be witnesses;and expert witnesses engaged by any of the parties in this action.
7. All to whom ConfidentialInformation is disclosed under the terms of this Agreed Protective Order are required to abide by the terms of this Order and are hereby enjoined from
2

Case 2:03-cv-00113-DLB Document 23 Filed 08/04/2004 Page 3 of 4
using the same for any other purposes other than in this action. The parties must inform any individuals to whom Confidential Information is disclosed pursuant to this Order of the confidentialnature of such informationand of the individual’sduty to maintainthe confidentiality of such informationdisclosedhereunder. Theparties have a duty to advise such persons receiving or possessing Confidential Information under the terms of this Agreed Protective Order that they shall not disclose or discuss it with any person, firm, or other entity or make such Confidential Information public in any way.
8. This Agreed Protective Order and the agreements embodied herein shall survive the termination of this action and shall continue in full force and effect. The Court shall retain jurisdiction of this matter for all purposes relating to the provisions of this Order subsequent to the termination of this action until such time as the parties certify to the Court that the provisions of this Order have been hlly complied with.
9. Within thirty (30) days after the conclusion of this case, including any appellate proceedings, all confidential materials, including copies, shall be returned to the producing party or, in the alternative, counsel shall certify to all other parties that all confidential documents have been destroyed.
IT IS SO ORDERED. DONE this p d a y of , A d W 5 = f - ,2004.
3

Case 2:03-cv-00113-DLB Document 23 Filed 08/04/2004 Page 4 of 4
Tendered and agreed to by:
Equal Employment Opportunity Commission Louisville Area Office 600 Martin Luther King, Jr. Place, Suite 268 Louisville, Kentucky 40202-2285 (502) 582-6308 phone (502) 582-5437 fax COUNSEL FOR PLAINTIFF
-
Robert $Hudson GREENEBAUM DOLL & McDONALD PLLC 50 E. Rivercenter Blvd., Suite 1800 P.O. Box 2673 Covington, Kentucky 41012-2673 (859) 655-4212 phone (859) 655-4239 fax COUNSEL FOR DEFENDANT
COV,5695M).2
4

 
 Case 2:03-cv-00113-DLB Document 30-1 Filed 10/15/2004 Page 1 of 12

IN THE UNITED STATES DISTRICT COURT

FORTHE EASTERN DISTRICT OF K E ~ ~ t ~ $ $ , Q f . @ ? : ‘ l ? ” : ;

COVINGTON DIVISION

FlkED

OCT 1 5 2084

EQUAL EMPLOYMENT OPPORTUNITY )

COMMISSION,

)

)

Plaintiff,

1

1

V.

1

1

DONNA SALYERS’ FABULOUS FURS, INC., )
1 1

Defendant.

)

AT COVlhGTON
CESLlE G WHITMER
CLERKij DISTRICT rrx10,
CIVIL ACTION NO. 03-113-DLB

CONSENT DECREE The United States Equal Employment Opportunity Commission (the “Commission”) commenced this action against Donna Salyers’ Fabulous Furs, Inc. (“DSFF ”) pursuant to Title VII of the Civil Rights Act of 1964 and Title I of the Civil Rights Act of 1991 (“Title VII”) to address allegations that DSFF subjected Brenda Oliver (“Oliver”), Tammy Riggs (“Riggs”), Melissa Vogt (“Vogt”) and Victoria Pelgen (“Pelgen”) to sexual harassment and retaliation. DSFF denies the allegations contained in the Commission’s complaint and denies that it is liable in any way to Oliver, Riggs, Vogt or Pelgen. The Commission and DSFF stipulate to the Court’s jurisdiction over the parties. Further, the Commission and DSFF desire to resolve Civil Action No. 03-1 13-DLB without the burden and expense of further litigation. As a result, and based on the pleadings and the record as a whole, the Court finds that: [i] the Court has jurisdiction over the parties and the subject matter of this action; [ii] the purpose and provisions of Title VII will be promoted and

Case 2:03-cv-00113-DLB Document 30-1 Filed 10/15/2004 Page 2 of 12

effectuated by the entry of this Decree; and [iii] this Decree resolves all the matters in

controversy between the parties as provided in paragraphs 1 through 16 below.

-IT IS THEREFORE ADJUDGED, ORDERED AND DECREED as follows:

1. In all matters arising from or relating to employment, DSFF and its officers, agents,

employees, successors, and assigns, and all of those in active concert or participation with them,

or any of them, shall not engage in any employment practice which rises to the level of unlawful

sexual harassment.

2. ANTI-RETALIATION: DSFF and its officers, agents, employees, successors,

assigns, and all those in active concert or participation with them, or any of them, shall not

engage in reprisal or retaliation, as prohibited by Title VII, against any person because such

person:

a. Opposed any practice made unlawful under Title VII;

b. Filed a charge of discrimination with the Commission or a state agency or testified

or participated in any manner in any investigation, proceeding, or hearing under

Title VII;

c. Requested or received relief in accordance with this Decree;

d. Participated in any manner in this action or in the investigation giving rise to this

action; or,

e. Asserted any rights under this Decree.

3. NOTICE POSTING:

DSFF agrees to post the Notice of Non-Discrimination

Policy (attached to this Decree as Appendix A) in conspicuous locations visible to applicants and

2

Case 2:03-cv-00113-DLB Document 30-1 Filed 10/15/2004 Page 3 of 12
employees throughout its facilities. Said Notices shall remain posted throughout the term of this Decree. 4. MONETARY SETTLEMENT: In settlement of the Commission’s lawsuit, DSFF agrees to pay the cumulative sum of $45,000 to Oliver, Eggs, Pelgen, and Vogt, or to their respective heirs and assigns in the event of their respective death. Each check shall be issued by certified mail to the payee’s address within ten (10) days of the entry of this Decree. DSFF shall mail a copy of each check and proof of its delivery (a signed certified mail receipt) to the Commission within thirty (30) days of mailing. The Commission shall notify DSFF of any change of address received from a payee so that its payment records may be adjusted accordingly. In the event that any check is returned to DSFF as undeliverable, DSFF will notify the Commission in writing within seven (7) days of receipt of the returned check. The Commission will then attempt to locate the person. No payroll withholding shall be deducted from any amount to any payee covered by this Decree, as the settlement proceeds represent compensation for alleged non-wage relief.
Further, DSFF shall not deduct from any payee’s settlement amount the employer’s share of any costs, taxes or social security withholding required by law to be paid by the DSFF. DSFF shall issue each payee an IRS Form 1099 to reflect payment for income tax purposes. Each payee shall be responsible for paying her own tax,if any is due. 5. COMPLIANCE COORDINATOR: Within fourteen (14) days of the entry of this Decree, DSFF agrees to hire or appoint a Compliance Coordinator who has expertise in Title VII and personnel matters to oversee its compliance with and implementation of this Decree. The Compliance Coordinator will be responsible for:
3

Case 2:03-cv-00113-DLB Document 30-1 Filed 10/15/2004 Page 4 of 12
a. Coordinating DSFF’s compliance with Title VII; b. Ensuring DSFF’s compliance with this Decree; C. Administering and monitoring DSFF’s Sexual Harassment Prevention Policy; d. Maintaining records of all employees’complaints of sexual harassment; e. Assisting in developing and enhancing DSFF’s Sexual Harassment Prevention
Policy; f. Assisting in developing and implementingDSFF’s Sexual Harassment
Prevention Training Program; and, g. Following up on all employee complaints of sexual harassment. The Compliance Coordinator will report to the Commission on an annual basis in accordance with the requirements found in paragraph 11, infra. 6. REVISED POLICIES AND PROCEDURES: Within six ( 6 )months of the date of entry of this Decree, DSFF agrees to replace its existing policies regarding sexual harassment with a revised policy which complies with Title VII and which will be reviewed and critiqued in writing by the Compliance Coordinator. The Sexual Harassment Prevention Policy will: a. Include a hotline number for employees to use to report sexual
harassment; b. Create a team of internal or external Investigatorswho shall commence an
investigation of any alleged sexual harassment within 24 hours of a complaint; C. Provide for the issuance of an annual letter from the Chief Executive Officer of
DSFF to all DSFF employees which reaffirms DSFF’s commitmentto addressing and eradicating sex discrimination and harassment within the DSFF workplace;
4

Case 2:03-cv-00113-DLB Document 30-1 Filed 10/15/2004 Page 5 of 12
d. Include a Computer Based Training (CBT) program for all DSFF managers and non-managers addressing issues related to sexual harassment and the effect that such harassment may have on employeesand DSFF’s business operation; and,
e. Provide that all investigationswill include: [i] a finding of whether discrimination occurred; [ii] a credibility assessment, if necessary; [iii] interviews of all potential victims and witnesses identified; [iv] concurrent notes of the investigation; [v] the issuance of immediate appropriate corrective action to make discriminationvictims whole, to discipline violators and to eradicate the discrimination; and [vi] a policy that DSFF shall not retain documents related to the investigation in any of the victims’personnel files, that all disciplinary actions taken against employees for violation of DSFF’s policy will be retained in the violator’s personnel file, and that in those cases in which no conclusion could be reached on the allegations,the investigationdocuments shall remain in the alleged violator’s file.
DSFF shall effectively disseminate its new Sexual Harassment Prevention Policy by: a. Posting the policy in a conspicuous place at each worksite where other EEO and
labor notices are posted; b. Effectively notifying all current employees of the new policies and procedures; c. Explaining in the next-published DSFF Associate Handbook DSFF’s newly
established procedures for reporting, investigating and addressing allegations of sexual harassment;
5

Case 2:03-cv-00113-DLB Document 30-1 Filed 10/15/2004 Page 6 of 12
d. Making a copy of the Sexual Harassment Prevention Policy available on any DSFF Intranet site designed for employee/corporatecommunication;and,
e. Disseminating a notice of the new Sexual Harassment Prevention Policy and investigative procedures by sending said notice to each Manager by email.
During the term of this Decree, DSFF shall submit all proposed changes to its Sexual Harassment Prevention Policy to the Commission and the Compliance Coordinator thirty (30) days prior to the proposed implementationdate of the proposed change. DSFF agrees that it shall discuss any objections the Commission or the Compliance Coordinator may have with any proposed change and attempt to resolve the objection prior to implementing the proposed change. 7. STAFF TRAINING AND DEVELOPMENT: Within twelve (12) months of the entry of this Decree, and on an annual basis for the duration of this Decree, DSFF agrees to provide Title VII training both for its management and non-management employees in all of its facilities in each of the geographic areas in which it operates. The annual Title VII training shall be conducted live and shall include some interactive component ( i e . ,role play scenarios, question and answer session, etc.). DSFF agrees to invite a Commission representative and the Compliance Coordinator to attend all Title VII annual training sessions with reasonable notice. DSFF agrees to include the following topics in all annual Title VII training sessions:
a. An overview of Title VII, DSFF’s obligations under Title VII, and applicant and employee rights under Title VII;
b. Non-discrimination in hiring and employment; c. Forms of harassment and discriminationprohibited by Title VII;
6

Case 2:03-cv-00113-DLB Document 30-1 Filed 10/15/2004 Page 7 of 12
d. Methods of reporting harassment and discrimination; e. DSFF procedure for: [i] quickly assigning an investigator and investigating
allegations of harassment or discrimination, [ii] insuring confidentiality of the reporting and investigation process, [iii] making a determination on an allegation of harassment or discrimination, and [iv] conducting effective and continuing follow up on the determination; f. Explanation of the harmful psychological and operational effects of discrimination and harassment; and, g. DSFF‘s commitment to meeting the requirements of Title VII. DSFF agrees to include training for all employees on Title VII in any new hire orientation program and in any other appropriate forum, including in any Management Training Program. All personnel who attend the annual Title VII training shall sign an attendance roster. The registry of attendance shall be retained by DSFF for the duration of this Decree and reported to the Compliance Coordinator, who shall include the same in DSFF’s annual report to the Commission. During the live training session, DSFF’s Chief Executive Officer shall speak to the employees about the discipline that can be taken against supervisors, managers and employees who commit acts of discrimination, harassment or retaliation or allow discrimination, harassment or retaliation to occur in the workplace; the importance of maintaining an environment free of discrimination; and DSFF’s policy in regard to discrimination and retaliation referred to in paragraph 6 of this Decree.
7

Case 2:03-cv-00113-DLB Document 30-1 Filed 10/15/2004 Page 8 of 12

8. COMPUTER-BASED TRAINING PROGRAM: Within six (6) months of the entry of

this Decree, DSFF agrees to develop a Computer-Based Training Program (“CBTP”) which

addresses Title VII. DSFF agrees that within six (6) months of the entry of this Decree any

employee participating in management must review the CBTP and pass a test based on the

information presented in the CBTP regarding Title VII. Certification of such training will be

retained at the employee’s facility. A copy of the certification shall be sent to the Compliance

Coordinator, and such certification shall be included in the Compliance Coordinator’s annual

report to the Commission for the duration of this Decree.

9. RECORD KEEPING: DSFF shall retain all personnel records in accordance with

29 C.F.R. 6 1602.14.

10. PERFORMANCE EVALUATIONS: Within six (6) months of the date of entry of

this Decree, DSFF shall institute a procedure which evaluates managers on their compliance with

Title VII and DSFF’s new Sexual Harassment Prevention Policy. Such compliance will be

measured by appropriate testing and other appropriate criteria which shall be developed by the

Compliance Coordinator. Understanding of and compliance with DSFF’s harassment reporting

and investigation procedures shall be a line item on the manager’s standard performance

evaluation. DSFF agrees that the failure of any manager to implement or enforce its Sexual

Harassment Prevention Policy will result in appropriate disciplinary action against the employee.

11. ANNUAL REPORT:

DSFF agrees to provide annual compliance reports within

thirty (30) days of the first anniversary of the entry date of this Decree and annually thereafter to

the Commission, by sending the same to Laurie A. Young, Regional Attorney, Equal

Employment Opportunity Commission, Indianapolis District Office, 101 West Ohio Street, Suite

8

Case 2:03-cv-00113-DLB Document 30-1 Filed 10/15/2004 Page 9 of 12
1900, Indianapolis, Indiana 46204. DSFF agrees that the Commission may review compliance with this Decree. As part of such review, the Commission may inspect the premises, interview employees, and examine and copy documents. DSFF’s annual compliance report shall include:
a. A report of all activities of the Compliance Coordinator, including disclosure of any complaint of sexual harassment or discrimination at DSFF. Disclosure means providing the name, address, position, social security number and telephone number of any individual who has brought allegations of discrimination andor retaliation against DSFF’s personnel, formal or informal, including, but not limited to, management officials, vendors, agents, employees andor customers, during the six months preceding the report. The nature of the complaint, investigatory efforts made by DSFF and the corrective action taken, if any, shall be specified;
b. Descriptions of any Title VII training provided to any employee; c. Reports of any audits of facilities concerning compliance with Title VII policies or
procedures; and, d. Confirmation that: [i] the Notice required in paragraph 3 of this Decree was
posted and the locations where it was posted and [ii] the policy required in paragraph six was distributed to each current and new employee and posted. 12. NON-COMPLIANCE: In the event that the Commission believes that DSFF has failed to comply with any provision(s) of this Decree, it shall: a. Notify DSFF in writing of the alleged non-compliance and shall send such notice to both the Compliance Coordinator and DSFF’s counsel; and,
9

Case 2:03-cv-00113-DLB Document 30-1 Filed 10/15/2004 Page 10 of 12
b. Afford DSFF forty-five (45) business days after service of such notice to remedy the non-compliance.
If DSFF has not remedied the alleged non-compliance within forty-five (45) business days, the Commission may petition the Court to enforce the terms of this Decree at any time during which this Court maintainsjurisdiction over this action. In the event the Court finds that DSFF has violated this Decree, the Court may order appropriate relief to remedy the non-compliance, including attorneys' fees, daily fines, and appropriate injunctive relief. 15. COSTS AND FEES: The parties shall bear their respective attorneys' fees and costs incurred in this action up to the date of entry of this Decree. 16. DURATION OF CONSENT DECREE: This Court shall retain jurisdiction of this action for a period of two ( 2 )years after entry of this Decree. This Decree shall expire by its own terms at the end of two ( 2 )years without further action by the parties. The EEOC shall fully and forever release and discharge the Defendant, their successors and assigns, including their present and former directors, officers, employees, and agents, from any claim or obligation based on alleged sexual harassment in violation of Title VII of the Civil Rights Act of 1964 and Title I of the Civil Rights Act of 1991, which was or could have been raised in Civil Action No. 03-113DLB.
10

Case 2:03-cv-00113-DLB Document 30-1 Filed 10/15/2004 Page 11 of 12

IT IS SO ORDERED. THIS CONSENT DECREE IS HEREBY ENTERED ON

THIS \?DAY

OF @dDber, 2004.

&/4

David L. Bunning, Judge United States Di&ct court Eastern District of Kentucky

11

Case 2:03-cv-00113-DLB Document 30-1 Filed 10/15/2004 Page 12 of 12
This Consent Decree is approved and consented to by the following authorized representatives m e parties:

ENT OPPORTUNITY COMMISSION Louisville Area Office 600 Martin Luther King, Jr. Place; Suite 268 Louisville, Kentucky 40202-2285 502.582.6308 [Direct Dial]

o.&.
Signature of Authorized Officer for
Donna Salyers’ Fabulous Furs, Inc.

A*,&
&-&da wf

77ok.v- PtCIud Se-
Printed Name of the Authorized Officer of Donna Salyers’ Fabulous Furs, Inc.

12

 
 SDSD District Version 1.0 - Docket Report

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CLOSED, PROTO, REFERD
U.S. District Court Eastern District of Kentucky (Covington) CIVIL DOCKET FOR CASE #: 2:03-cv-00113-DLB

Equal Employment Opportunity Commission v. Donna Salyers' Fabulous Furs Company Assigned to: David L. Bunning Referred to: Peggy E Patterson Cause: 42:2000e Job Discrimination (Employment)

Date Filed: 05/27/2003 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

Plaintiff
Equal Employment Opportunity Commission

represented by Bobby C. Simpson EEOC - Louisville Area Office 600 Martin Luther King, Jr. Place Suite 268 Louisville, KY 40202-2285 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Gwendolyn Young Reams Equal Employment Opportunity Commission - Washington 1801 L Street Washington, DC 20507 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Jo Ann Farnsworth Equal Employment Opportunity Commission - Indianapolis 101 W. Ohio Street Suite 1900 Indianapolis, IN 46204-4203 317-226-7949 Fax: 317-226-5571 Email: joann.farnsworth@eeoc.gov TERMINATED: 02/09/2004 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Laurie A. Young Equal Employment Opportunity Commission - Indianapolis 101 W. Ohio Street Suite 1900 Indianapolis, IN 46204-4203 317-226-7202

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V. Defendant Donna Salyers' Fabulous Furs Company

Fax: 317-226-7203 Email: laurie.young@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED
Michelle Eisele Equal Employment Opportunity Commission - Indianapolis 101 W. Ohio Street Suite 1900 Indianapolis, IN 46204-4203 317-226-7059 Fax: 317-226-5571 Email: michelle.eisele@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Robert D. Hudson Greenebaum, Doll & McDonald Covington 50 E. Rivercenter Boulevard Suite 1800 P.O. Box 2673 Covington, KY 41012-2673 859-655-4200 Fax: 859-655-4239 Email: rdh@gdm.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed 05/27/2003
06/16/2003 08/07/2003 08/14/2003

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Docket Text

1 COMPLAINT 1 summons(es)issued with copy , filed by Equal Employment Opportunity Commission. [No jdg assign sheet would print, page temp unavailable] (Attachments: # 1 civil cover sheet# 2 summons)(RSB) (Entered: 05/28/2003)
2 ANSWER to Complaint by Donna Salyers' Fabulous Furs Company.(RSB) (Entered: 06/16/2003)
3 ENTRY OF APPEARANCE by Atty Jo Ann Farnsworth on behalf of Equal Employment Opportunity Commission (RSB) (Entered: 08/08/2003)
4 ORDER: Docket Call is set for 8/28/2003 09:00 AM in Covington before David L. Bunning. Signed by Judge David L. Bunning. (JMM) (Entered: 08/14/2003)

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08/27/2003 08/28/2003 08/28/2003 09/02/2003 09/02/2003
09/02/2003 09/04/2003 09/11/2003 10/24/2003 10/24/2003

5 REPORT of Rule 26(f) Planning Meeting. (RSB) (Entered: 08/27/2003)
6 Minute Entry for docket call proceedings held before Judge David L. Bunning : 1) The Court will submit a scheduling order; 2) Referring pretrial proceedings to Magistrate Judge Patterson per Order of Referral entered concurrently. (Court Reporter Amy Blosser) (RSB) Additional attachment(s) added on 8/29/2003 (Burgett, Rebecca). (Entered: 08/29/2003)
7 ORDER OF REFERRAL to Magistrate Judge Peggy E Patterson for supervision of discovery and pretrial proceedings. Signed by Judge David L. Bunning. (RSB) (Entered: 08/29/2003)
8 NOTICE OF INTENT TO WITHDRAWAL ATTORNEY APPEARANCE by Bobby C. Simpson for Equal Employment Opportunity Commission (Attachments: # 1 proposed order)(RSB) (Entered: 09/04/2003)
9 SCHEDULING ORDER: 1) By 9/22/03, ptys shall exchange Rule 26 information; 2) By 6/30/04, plaintiff's counsel shall disclose identity of expert witnesses and def shall do so by 8/15/04; 3) Action will be assigned for preliminary pretrial cnfce after discloses, a time certain to be set by Magistrate Patterson; 4) Any supplmentation of disclosures to be done w/i 30 days of discovery; 5) By 12/1/04, parties shall complete discovery and file status rpt; 6) Referring all discovery disputes to Magistrate Patterson; 7) By 12/30/03, plaintiff shall file any motions to joint ptys to amend pleadings and def shall do so by 1/30/04; 8) By 1/30/05, counsel for parties shall file any dipositive motion; 9) 7 days prior to pretrial cnfnce, parties shall file witness list, exhibit list, pt memo and shall premark exhibits and conduct jury instruction cnfce; 10) Assigning final pretrial cnfce for 4/27/05 at 9:00 a.m. and jury trial on 5/23/05 at 10:00 a.m. w/ counsel to be present at 9:30 a.m. for 5 day trial; Any requests to modify these deadlines shall be by motion. Discovery due by 12/1/2004. Dispositive Motions due by 1/30/2005. Motion to Join Additional Parties due by 1/30/2004. Status Report due by 12/1/2004.. Signed by Judge David L. Bunning. (RSB) (Entered: 09/04/2003)
Final Pretrial Conference set for 4/27/2005 09:00 AM in Covington before David L. Bunning. Jury Trial set for 5/23/2005 10:00 AM in Covington before David L. Bunning. (RSB) (Entered: 09/04/2003)
10 ORDER: Allowing Attorney Bobby C. Simpson to w/d for plaintiff re 8 Notice filed by Equal Employment Opportunity Commission. Signed by Judge Peggy E Patterson. (RSB) Modified text on 9/8/2003 (Burgett, Rebecca). cc Atty Bobby Simpson (Entered: 09/08/2003)
11 ORDER setting preliminary Pretrial Conference set for 9/22/2004 01:30 PM in Covington before Peggy E Patterson.. Signed by Judge Peggy E Patterson. (RSB) (Entered: 09/11/2003)
12 JOINT MOTION for Leave to File Amended Complaint by Donna Salyers' Fabulous Furs Company & Equal Employment Opportunity Commission (Attachments: # 1 Proposed Order Granting# 2 Proposed Amended Cmp)(RSB) (Entered: 10/24/2003)
***Motions Submitted: 12 MOTION for Leave to File by Donna Salyers' Fabulous Furs Company, Equal Employment Opportunity Commission (RSB)

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10/30/2003
10/30/2003 12/03/2003 02/06/2004 02/06/2004 02/06/2004 02/09/2004 06/08/2004 06/08/2004 06/09/2004
06/16/2004

(Entered: 10/24/2003)
13 ORDER granting JOINT 12 Motion for Leave to File Motion for Leave to File Amended Complaint. Amended Complaint shall be deemed filed on this date and svc on def shall be deemed complete on the date of this Order. Signed by Judge David L. Bunning. (RSB)cc: COR Modified TEXT on 10/30/2003 (Burgett, Rebecca). (Entered: 10/30/2003)
14 FIRST AMENDED COMPLAINT against Donna Salyers' Fabulous Furs Company filed by Equal Employment Opportunity Commission.(RSB) (Entered: 10/30/2003)
15 STATEMENT OF SPECIAL DAMAGES filed by Equal Employment Opportunity Commission. (RSB) Modified TEXT on 12/4/2003 (Burgett, Rebecca). (Entered: 12/04/2003)
16 NOTICE of Appearance by Bobby C. Simpson on behalf of Equal Employment Opportunity Commission (RSB) (Entered: 02/06/2004)
17 MOTION by Atty Jo Ann Farnsworth to Withdraw as Attorney by Equal Employment Opportunity Commission (Attachments: # 1 proposed order granting withdrawal of Jo Ann Farnsworth)(RSB) (Entered: 02/06/2004)
***MOTION SUBMITTED TO CHAMBERS FOR REVIEW: 17 MOTION to Withdraw as Attorney by Equal Employment Opportunity Commission (RSB) (Entered: 02/06/2004)
18 ORDER granting 17 Plaintiff's Motion to Withdraw as Attorney. Attorney Jo Ann Farnsworth terminated . Signed by Judge J. Gregory Wehrman. (RSB)cc: COR (Entered: 02/10/2004)
19 JOINT MOTION for Extension of Time to extend expert disclosure deadlines by Donna Salyers' Fabulous Furs Company and Equal Employment Opportunity Commission (Attachments: # 1 Proposed Agreed Order)(JMM) (Entered: 06/08/2004)
***MOTION SUBMITTED TO CHAMBERS FOR REVIEW: 19 JOINT MOTION for Extension of Time by Donna Salyers' Fabulous Furs Company and Equal Employment Opportunity Commission (JMM) (Entered: 06/08/2004)
20 AGREED ORDER: Court's 9/2/03 scheduling order is amended to reflect that the EEOC shall file its expert disclosure and report pursuant to Fed R.Civ.P 26 on or before 9/1/04 and that Donna Salyer's Fabulous Furs shall do likewise by 11/1/04. Signed by Judge Peggy E Patterson. (RSB)cc: COR (Entered: 06/14/2004)
21 ORDER: 1) A Telephone Conference is set for 6/30/2004 02:00 PM in Ashland before Peggy E Patterson to discuss scheduling issues and the feasability of certain deadlines.2) The Court's office shall initiate said telephone conference call, lead counsel for each party shall participate, with authority to make any stipulation or agreements regarding deadlines or possibility of settlement. 3) In addition to regular service by mail a copy of this order shall be transmitted by facsimile to all counsel of record. Signed by Judge Peggy E Patterson. (JMM)cc: COR (Entered: 06/17/2004)

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06/30/2004 07/01/2004 08/04/2004
08/09/2004 08/09/2004
09/13/2004 09/15/2004

22 MINUTE ENTRY FOR TELEPHONE CONFERENCE held on 6/30/04 before Judge Peggy E Patterson : 1) Resetting second telephone cfnce on 8/9/04 at 10:00 a.m. to discuss the utility of schedulign a settlement cfnce; 2) Undersigned shall inititate cnfce call; 3) Extending plaintiff's time for make Rule 26 disclosures until 9/15/04; 4) Resetting 9/22/04 pretrial cfce for 11/16/04 at 10:00 a.m. in Covington Ky. (RSB)cc: COR (Entered: 07/01/2004)
Set/Reset Hearings: Initial Pretrial Conference set for 11/16/2004 10:00 AM in Covington before Peggy E Patterson. Telephone Conference set for 8/9/2004 10:00 AM in Ashland before Peggy E Patterson. (RSB) (Entered: 07/01/2004)
23 AGREED PROTECTIVE ORDER: 1) Documents produced by Fabulous Furs to EEOC can be Confidential Information; 2) Documents produced by Def shall be confidential information; 3) Confidential information shall not be disclosed; 4) If confidential information is filed, it shall be placed in sealed envelope; 5) It is the responsiblity of each party to maintain sealed file; 6) Except with the prior consent of Def, information that is confidential shall only be disclosed to staff; 7) All parties are required to abide by terms of this order; 8) Agreed Protective Order shall survive the termination of this action; 9) Within 30 days after the conclusion of this case, shall be returned to the producing party and counsel shall certify to all parties that all confidential information has been destroyed. Signed by Judge David L. Bunning. (RSB)cc: COR (Entered: 08/04/2004)
24 MINUTE ENTRY FOR TELEPHONE CONFERENCE held on 8/9/04 before Judge Peggy E Patterson : 1) Extending time for plaintiff to make Rule 26 disclosures until 9/30/04 and for def to make disclosures until 11/15/04; 2 By separate order, settlement Settlement Conference set for 9/10/2004 10:00 AM in Covington before David L. Bunning; 3) All other deadlines shall remain. (RSB)cc: COR (Entered: 08/09/2004)
25 ORDER: 1) Setting settlement cfnce for 9/10/04 at 10:00 a.m. in Courtroom 4 East, Covington; 2) Settlement cfnce shall be attended by lead counsel and reps with full settlement authority; 3) Full settlement authority is defined as the full amount of most recent offer/demand; 4) Counsel shall submit to chambers by 9/3/04, confidential letters containing an assessment of issues, liability, damges, costs, strenghts/weaknesses of the case, settlement demands/offers; 5) Separate letters may be transmitted to chambers by fax and shall not exceed 10 pages; 6) These shall not be filed of record; 7) Plaintiff shall submit to def at least 14 days prior to settlement cfnce, an itemizatin of damages and opposing side shall submit response; 8) If parties learn compliance with this Order is not possible, they shall contact chambers no later than 3 business days prior to confrce; 9) Failure to comply with this order can result in sanctions. . Signed by Judge Peggy E Patterson. (RSB)cc: COR (Entered: 08/09/2004)
26 MINUTE ENTRY FOR SETTLEMENT CONFERENCE held on 9/10/04 before Judge Peggy E Patterson : No settlement having been reached. Parties shall continue negotiations and the court will set up future cnfce call (COURT REPORTER: None) (RSB)cc: COR (Entered: 09/14/2004)
27 ORDER: Setting telephone conference for 9/22/04 at 11:00 a.m. to discuss settlement status; 2) Clerk shall fax and sve by mail . Signed by Judge Peggy E Patterson. (RSB)cc: COR (Entered: 09/16/2004)

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09/15/2004 09/22/2004 10/01/2004
10/15/2004

Set/Reset Hearings: Telephone Conference set for 9/22/2004 11:00 AM in Ashland before Peggy E Patterson. (RSB) (Entered: 09/16/2004)
28 MINUTE ENTRY FOR TELEPHONE CONFERENCE held on 9/22/04 before Judge Peggy E Patterson : Parties are to continue settlement negotiations and future conference call will be scheduled by future order. (COURT REPORTER: NONE) (RSB)cc: COR (Entered: 09/22/2004)
29 ORDER Counsel having advised case settled; all pending motions denied as moot all court proceedings scheduled are canceled. Within thirty (30) days (11/1/2004) counsel to submit to Judge Bunning agredd order of dismissal; If extension is necessary, counsel may informally request one from the undersigned; In addition to regular mail, copy of this order to be faxed forthwith to all counsel of record;. Signed by Judge Peggy E Patterson. (LMB)cc: Order faxed and mailed to all counsel of record on 10/1/2004 (Entered: 10/04/2004)
30 CONSENT DECREE: 1)Employees/Employers shall not engage in unlawful sexual harassment; 2) No retaliation will be tolerated; 3) Defendant agrees to post notice; 4) Monetary settlement of $45,000 to complainants; 5) Within 14 days, defendant agrees to appoint compliance coordinator; 6) Within 6 months defendant shall replace existing harassment policies with updated information. 7) Within 12 months, defendant shall provide training and development to employees; 8) Computer based training program addressing Title VII will occur w/i 6 months; 9) Defendant shall retain all records of 1-8; 10) Within six months, defendant shall institutue a procedure which evaluates managers of compliance; 11. Annual report shall be provided by defendant; 12) If non-compliance is found, defenant shall be afforded 45 days to remedy; 15) Each party shall take care of their costs/fees; 16) Court retains jurisdiction for 2 years Signed by Judge David L. Bunning (Attachments: # 1 Appendix A)(RSB)cc: COR (Entered: 10/15/2004)

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