••
•

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

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

Unfted States Cou~
Southern District of Texas FILED
AUG 1 3 2001 iF
- •
lllc6arl II. tlilby, Clerk.

EQUAL EMPLOYMENT OPPORTUNITY §

COMMISSION,

§

Plaintiff,

§

§

§

vs.

§

§

JURY TRIAL DEMANDED

§

D & S RESIDENTIAL SERVICES, INC.

§

Defendant.

§

§

ORIGINAL COMPLAINT

NATURE OF THE ACTION 1. This is an action under Title VII of the Civil Rights Act of 1964, as amended and Title I of the Civil Rights Act of 1991 to correct unlawful employment practices on the basis of sex and to afford appropriate relief to Katrina Cannon Graham and Tammy Fowler and other women adversely affected by the below described • unlawful practices. In this lawsuit, Plaintiff, Equal Employment Opportunity Commission ("Commission"), alleges that D & S Residential Services, Inc. ( 1'Defendant") unlawfully discharged Ms. (Cannon) Graham and Ms. Fowler and other women because they were pregnant.
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 Title VII
•
of the Civil Rights Act of 1964, as amended, 42 U.S.C. 2000e, et.seq., (JJTitle VII")

ClibPDF - www.fastio.com

I '

•

•
•
in Section 706(f)(1} and (3}, 42 U.S.C. Section 2000e-5(f)(1} and (3} and Section 102 of the Civil Rights Act of 1991, 42 U.S.C. Section 1981 a.
3. The employment practices alleged to be unlawful were committed in Houston, Texas which is within the jurisdiction of the United States District Court for the Southern District of Texas, Houston Division .
•
4. Venue is proper within the jurisdiction of the United States District Court for the Southern District of Texas, Houston Division.
PARTIES 5. Plaintiff, the Equal Employment Opportunity Commission (the "Commission"}, is the agency of the United States of America charged with the administration, interpretation and enforcement of Title VII and is expressly authorized to bring this action by Section 706(f}(1) of Title VII, 42 U.S.C. Section 2000e-5(f}(1 ).
6. At all relevant times, Defendant, D & S Residential Services, Inc., has
continuously been doing business in the State of Texas, the City of Houston and Harris County, Texas, and has continuously had at least fifteen (15) employees. Defendant
'
D & S Residential Services may be served with process by serving its registered agent
in Texas, George Harold Davis, Jr., 2814 Bee Caves Road, Austin, Texas 78746.
7. At all relevant times, Defendant has continuously been and is now 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. Section 2000e(b}, (g) and (h).

ClibPDF - www.fastio.com

-2-

•
•
•
STATEMENT OF CLAIMS 8. More than thirty days prior to the institution of this lawsuit, both Katrina Cannon Graham and Tammy Fowler filed a charge of discrimination with the Commission against the Defendant alleging violations of Title VII. All conditions precedent to the institution of this lawsuit have been fulfilled including the timely filing of a charge, and an attempt to conciliate the matter. 9. Since at least 1999, Defendant has engaged in unlawful employment practices in violation of Sections 703(a)(1) and 701 (k) of Title VII, 42 U.S.C. Sections 2000e-2(a)(1) and 20000e(k). The practices include subjecting its female employees to unlawful sex discrimination on the basis of pregnancy. 10. In or about June 1999, Defendant informed Ms. (Cannon) Graham that she could no longer work for Defendant because she was pregnant. Although Ms. (Cannon) Graham informed Defendant that she was physically able to continue
•
working and wanted to continue working, Defendant discharged her over her objections.
11. Defendant terminated Ms. (Cannon) Graham because she was pregnant. 12. In or about October 1999, Ms. Fowler informed Defendant that she was pregnant. Defendant requested and received an authorization from her physician allowing her to continue her employment during her pregnancy. Defendant began to contact Charging Party's physician in an attempt to force him to withdraw his work authorization. Thereafter, Defendant attempted to make Ms. Fowler take an unpaid leave of absence during the pendency of her pregnancy. When she refused to do so,
-3-
ClibPDF - www.fastio.com

~·-

- ------

Defendant then changed the terms and conditions of her employment in an attempt to force her to take a leave of absence. Ultimately, after learning of a threat to Ms. Fowler by one of its clients, Defendant ordered her to go home. She was never
•
granted permission to return to work. 13. Defendant discharged Ms. Fowler because of her pregnancy. 14. The Commission believes that other female employees of Defendant were
subjected to temporary and permanent discharges because of their pregnancies. 15. The effect of these unlawful practices has been to deprive Ms. (Cannon)
Graham, Ms. Fowler and other female employees of Defendant of equal employment • opportunities, and to otherwise adversely affect their status as employees because of
their pregnancy. 16. The unlawful employment practices complained of above were intentional. 17. Defendant, at all relevant times, committed the unlawful employment
practices with malice. or in reckless disregard of the federally protected rights of Ms. (Cannon) Graham, Ms. Fowler and its other female employees.
PRAYER FOR RELIEF
18. Wherefore, the Commission respectfully requests that this Court: A. Grant a permanent injunction enjoining Defendant, D & S Residential
Services, Inc., its officers, successors, assigns and all persons in active concert or participation with it, from engaging in discrimination against pregnant females, and from engaging in any other employment practice which discriminates against individuals on the basis of sex.
B. Order Defendant, D & S Residential Services to institute and carry out
policies, practices and programs which provide equal employment
•
-4-
ClibPDF - www.fastio.com

.,
-,
opportunities for female employees, and which eradicate the effects of its past and present unlawful employment practices.
c. Grant a judgment requiring Defendant, D & S Residential Services, to
make whole Katrina Cannon Graham, Tammy Fowler and any other female employees of Defendant adversely affected by Defendant's unlawful actions by providing appropriate back wages and pre-judgment interest, in an amount to be determined at trial, as well as any other affirmative relief necessary to eradicate the effects of Defendant's unlawful employment practices, including, but not limited to, reinstatement of Ms. (Cannon) Graham and Ms. Fowler or order an award
'
of front pay in an amount to be proved at trial if reinstatement is impractical.
D. Order Defendant to make whole Katrina Cannon Graham, Tammy Fowler and any other women adversely affected by Defendant's unlawful actions, by providing compensation for past and future pecuniary loses, including medical expenses and job search expenses, in an amount to be determined at trial.
E. Order Defendant to make whole Katrina Cannon Graham, Tammy Fowler and any other women adversely affected by Defendant's unlawful actions, by providing compensation for non-pecuniary losses, including emotional pain and suffering, in amounts to be determined at trial.
F. Order Defendant to pay Katrina (Cannon) Graham, Tammy Fowler and any other women adversely affected by Defendant's unlawful actions, 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 of this action.
JURY DEMAND
19. The Commission requests a jury trial on all questions of fact raised by its
complaint.

ClibPDF - www.fastio.com

-5-

'
•

Respectfully submitted,
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
NICHOLAS M. INZEO ACTING DEPUTY GENERAL COUNSEL
GWENDOLYN YOUNG REAMS Associate General Counsel
1801 L. Street, N.W.
Washington, D.C. 20507

By: .....,

outchee

Attorn

harge

TBN: 17500

FBN:10145

Houston District Office

-

•
1919 Smith Street, 7th Floor

Houston, Texas 77002

(713) 209-3399

Fax: (713) 209-3402

ATTORNEYS FOR PLAINTIFF

OF COUNSEL

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION HOUSTON DISTRICT OFFICE

By: --r+r-

J mes Sa her

egional Attorney

'919 Smith Street, 7th Floor

Houston, Texas 77002

(713) 209-3398

F

3) 209-3402

Adewale-Mendes Supervisory Trial Attorney 1919 Smith Street, 7th Floor Houston, Texas 77002 (713) 209-3404, Fax: (713) 209-3402
-6-

.
S:\COMPLAIN\D&S Complaint.wpd

ClibPDF - www.fastio.com

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

I tSoutUhenritnedDF;SIstfL~~e~s

Courts of TeXIII

<{ NOV 1 5 2002

HOUSTON DIVISION
§

Michael N. Milby, Cleric

EQUAL EMPLOYMENT OPPORTUNITY §

COMMISSION,

§

Plaintiff,

§

§

CIVIL ACTION NO. H-01-2724

§

VS.

§

§

§

D & S RESIDENTIAL SERVICES, INC.

§

Defendant.

§

JURY TRIAL DEMANDED

UNITED STATES COURTS SOUTHERN.CmrrnleT OF TEXAS
b~TERED
NOV 2 1 2002

§
Michael N. Milby, Clerk of Court

CONSENT DECREE

Plaintiff, the United States Equal Employment Opportunity Commission

("Commission" or "EEOC") and Defendant, 0 & S Residential Services, Inc. ("0 & S"

or "Defendant")' agree to entry of this Consent Decree.

I.

Background and History of Proceedings

A. Charging Parties Katrina Cannon and Tammy Fowler Pettus each filed

charges of discrimination with the Commission (Charge Nos. 330-99-3574 and 330-

AO-1 040, respectively) alleging Defendant violated Title VII of the Civil Rights Act of

1964, as amended, 42 U.S.C. §2000e et seq. ("Title VII").

B. On August 13, 2001, after investigating the charges and finding

discrimination, the Commission commenced this action alleging that Defendant's

conduct toward Katrina Cannon ("Cannon") and Tammy Fowler Pettus

("Pettus"){collectively referred to as "Charging Parties") during the course of their

employment constituted unlawful discrimination on the basis of pregnancy in violation

of Section 703 (a) of Title VII.

C. Defendant denied the allegations of pregnancy discrimination.

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 Title VII violation. The

parties agree the Consent Decree is being entered into for the purpose of

compromising disputed claims without the necessity for protracted litigation.

E. The Commission and Defendant stipulate to the jurisdiction of the Court

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

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

IT IS ORDERED that:

1 .

This Consent Decree is entered in full and complete settlement of any and

all claims arising out of or asserted in Civil Action No. H-Ol-2724 and the above-

referenced charges on behalf of Cannon and Pettus.

2.

Defendant and all of its employees and/or agents associated with it agree

they will not engage in any employment practices which discriminate against

any individual with respect to compensation, terms, conditions or privileges of

employment because of such individual's pregnancy and will not retaliate

against any individual who has opposed any practice made an unlawful

employment practice under Title VII or who has made a charge, testified,

-2-

assisted, or participated in any manner in an investigation, proceeding or hearing

under Title VII.

3.

Defendant and all of its employees and/or agents associated with them

agree that they will not engage in any employment practice which discriminates

against female employees because of their pregnancy in violation of Title VII.

4.

Annually, for three years from the entry of this Decree, D & S will

provide, using either an attorney or an independent experienced training person

or group, a program on employment discrimination, including the law relating to

Title VII and pregnancy discrimination, to all management level employees,

human resources management employees and all in-house counsel for D & S.

The training shall be completed not later than April 30, 2003, or within six(6)

months from the date the Consent Decree is entered, whichever date is later.

Defendant shall submit to the EEOC each year, at least thirty days in advance

of the program, the name of the program provider and a curriculum outline

indicating the information to be addressed during the program and copies of all

agendas and materials to be distributed at the training seminar. The person who

shall administer the training will be either attorney(s) or person(s) possessing at

least five years of experience in labor and employment law. Written

acknowledgment of receipt of the training shall be obtained by Defendant from

all individuals attending the training and retained among the employment records

of D & S and also copies shall be forwarded to the EEOC.

-3-

5.

Semi-annually, for three years from the entry of this Decree, D & S will

provide to the EEOC with a listing of the name, address and telephone number

of all pregnant females who are terminated or placed on a leave of absence.

6.

Defendant agrees that within ten days after entry of this Decree it will

conspicuously post the attached notice (Exhibit "A") in an area accessible to all

employees at each of D & S's locations for a period of three years from the date

the Decree is signed.

7.

Defendant agrees to pay the total sum of FORTY-FOUR THOUSAND

DOLLARS AND NO CENTS ($44,000.00) in full and final settlement of the

EEOC's lawsuit to provide monetary relief to Katrina Cannon and Tammy Fowler

Pettus. A certified check in the sum TWENTY-TWO THOUSAND DOLLARS

AND NO CENTS ($22,000.00) shall be mailed to Katrina Cannon at the address

provided by the EEOC to Defendant. A certified check in the sum TWENTY-

TWO THOUSAND DOLLARS AND NO CENTS ($22,000.00) shall be mailed to

Tammy Pettus at the address provided by the EEOC to Defendant. Said sums

shall be paid within thirty (30) days from the date the Decree is signed by the

Court. A copy of the checks disbursed to each of the Charging Parties shall be

mailed to the EEOC's undersigned counsel of record.

8.

The parties agree that this monetary award represents a reasonable

settlement of the Commission's claim of compensatory damages under the Title

VII and are not tied to any claim for back or future wages. They are therefore

-4-

mutually understood to be payments on account of personal injury for pain and

suffering. No amounts will be withheld for taxation purposes against the

monetary award. D & S agrees to issue Internal Revenue Service ("IRS") Form

1099 or an equivalent form to Cannon and Pettus who will have the sole

responsibility for paying any federal, state or local taxes, including federal

income tax that may be due on the aforementioned monetary award.

9.

Each party to this action shall bear itsr own costs and attorney's fees.

10.

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

successors-in-interest, and Defendant will notify all such successors-in-interest

of the existence and terms of this Consent Decree.

11 .

This Decree shall remain in effect for three years form 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 is specifically

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

breach of any of the provisions herein.

12.

Nothing in this Consent Decree shall be construed to preclude the

Commission from filing a separate action under Title VII or any other statute

which the Commission enforces in the future for any alleged violations by

Defendant not resolved by this Decree.

-5-

1 3.

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

document on behalf of the party or parties whom he or she represents.

r Signed this ,213 day of M~, ~- ,2002 at Houston, Texas,

. Rainey Un' ed State District Judge

AGREED AND CONSENTED TO:
ATTORNEY FOR PLAINTIFF EQUAL EMPLOYMENT OPPORTUNITY
COMMISSION
By:
Houston District Office Equal Employment Opportunity
Commission 1919 Smith St., 7th Floor Houston, Texas 77002 (713) 209-3399 Fax: (713) 209-3402

Vinson & Elkins, L.L.P, 2839 First City Tower 1001 Fannin Street Houston, Texas 77002 (713) 758-2036 Fax (713) 615-5388

-6-

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

Houston District Office

Mickey Leland Federal Building 1919 Smith Street, 7th Floor Houston, TX 77002-8049 (713) 209-3320 TIY (713) 209-3439 FAX (713) 209-3381

NOTICE TO THE EMPLOYEES OF D & S RESIDENTIAL SERVICES

THIS NOTICE IS POSTED PURSUANT TO THE CONSENT DECREE ENTERED IN RESOLUTION OF A LAWSUIT BROUGHT BY THE EEOC AGAINST D & S RESIDENTIAL SERVICES, INC. REGARDING PREGNANCY DISCRIMINATION IN THE WORK PLACE AND TITLE VII OF THE CIVIL RIGHTS ACT OF 1964, AS AMENDED.
1. Federal law requires that there be no discrimination against any employee or applicant for employment because of the employee's sex, race, color, religion, national origin, age or disability with respect to compensation, hiring or other terms, conditions or privileges of employment.
2. D & S RESIDENTIAL SERVICES supports and will comply with such Federal law in all respects and will not take any action against employees because they have exercised their rights under the law by filing charges with the Equal Employment Opportunity Commission (EEOC), providing information to the EEOC, and/or receiving compensation for the settlement of any pregnancy discrimination claim.
3. D & S RESIDENTIAL SERVICES prohibits pregnancy discrimination and will not engage in the practice of altering the terms and conditions of employment on the basis of sex, including pregnancy.
4. Pregnancy discrimination is expressly prohibited and constitutes an unlawful discriminatory employment practice. Such discriminatory employment practices will not be tolerated at D & S RESIDENTIAL SERVICES.
5. Any employee who feels they have been the target of such discrimination is advised to report this action promptly to Hal Davis, President, D & S Residential Services, Inc., 5904 Bee Cave Road, Austin, Texas 78746, (512) 327-2325 ext. 207.
SIGNED this _ _ _ day of _ _ _ _ _, 2002.

Hal Davis President, D & S Residential Services, Inc.
This OFFICIAL NOTICE shall remain posted for three full years from date of signing.
EXHIBIT "A"

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

https://ecf.txsd.uscourts.gov/cgi-bin/DktRpt.pl?397953940512667-L_3...

U.S. District Court SOUTHERN DISTRICT OF TEXAS (Houston) CIVIL DOCKET FOR CASE #: 4:01-cv-02724

CLOSED

Equal Employment v. D & S Residential Assigned to: Judge John D. Rainey Demand: $0 Cause: 42:2000 Job Discrimination (Sex) Plaintiff Equal Employment Opportunity Commission
V. Defendant D & S Residential Services Inc

Date Filed: 08/13/2001 Date Terminated: 11/21/2002 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff
represented by Kathy D Boutchee EEOC 1919 Smith St 7th Floor Houston, TX 77002 713-209-3399 Fax: 713-209-3402 fax Email: kathy.boutchee@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Douglas Edward Hamel Vinson and Elkins 1001 Fannin 2636 First City Tower Houston, TX 77002-6760 713-758-2036 Fax: 713-615-5388 Email: dhamel@velaw.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed
08/13/2001 08/13/2001

#

Docket Text

1 COMPLAINT by Equal Employment filed; (bchurchill) (Entered: 08/14/2001)
2 Order setting Initial Pretrial and Scheduling Conference on 8:45 11/28/01 before Magistrate Judge Nancy K. Johnson and Order to Disclose Interested Persons, filed. Parties notified. (bchurchill) (Entered: 08/14/2001)

1 of 2

6/13/2007 3:02 PM

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

https://ecf.txsd.uscourts.gov/cgi-bin/DktRpt.pl?397953940512667-L_3...

08/28/2001 09/04/2001 09/24/2001 11/26/2001 11/27/2001 11/27/2001 11/28/2001 12/05/2001
11/15/2002 11/21/2002 11/21/2002

3 CERTIFICATE OF INTERESTED PARTIES by Equal Employment , filed. (psmith) (Entered: 08/29/2001)
4 RETURN OF SERVICE executed as to D & S Residential 8/22/01 filed Answer due on 9/11/01 for D & S Residential (psmith) (Entered: 09/06/2001)
5 ANSWER to Complaint by D & S Residential (Added attorney Douglas Edward Hamel), filed. (psmith) (Entered: 09/25/2001)
6 JOINT DISCOVERY/Case Management Plan by Equal Employment , filed. (psmith) (Entered: 11/27/2001)
7 CERTIFICATE OF INTERESTED PARTIES by D & S Residential , filed. (psmith) (Entered: 11/27/2001)
8 JOINT DISCOVERY/Case Management Plan by Equal Employment, D & S Residential , filed. (psmith) (Entered: 11/27/2001)
9 Minute entry: SCHEDULING CONFERENCE held. Apps: K Boutchee; J Merten; J Daehn. Scheduling order to follow. terminated deadlines Tape Number: #1 304-447 . (psmith) (Entered: 11/29/2001)
10 SCHEDULING ORDER setting Amending of pleadings 3/29/02 ; Joining of parties 3/29/02 ; Pltf expert witness list submitted by 6/28/02 ; Deft expert witness list submitted by 8/16/02 ; Discovery cutoff 10/15/02 ; Deadline for filing all dispositive motions 11/1/02 ; Deadline for filing non-dispositive motions 11/1/02 ; Pretrial order to be submitted on or before 3/21/03 ; Docket call deadline 12:00 3/28/03 before Judge John D. Rainey , entered. Parties notified. Case subject to call during the month of April, 2003. ETT: 3-4 days/Jury. Attorney Conference must be held by June 30, 2002. ( Signed by Magistrate Judge Nancy K. Johnson ) (psmith) Modified on 12/05/2001 (Entered: 12/05/2001)
11 AGREED MOTION to enter consent decree by Equal Employment, D & S Residential , filed. (kprice) (Entered: 11/17/2002)
12 CONSENT DECREE for Equal Employment against D & S Residential , entered; Parties notified ( signed by Judge John D. Rainey ) (lmunoz) (Entered: 11/21/2002)
Case closed (lmunoz) (Entered: 11/21/2002)

PACER Service Center

Transaction Receipt

06/13/2007 15:01:45

PACER Login: hs0328

Client Code: eeoc

Description: Docket Report Search Criteria: 4:01-cv-02724

Billable Pages: 1

Cost:

0.08

2 of 2

6/13/2007 3:02 PM