0:07-cv-03249-JFA-BM Date Filed 09/27/07 Entry Number 1 Page 1 of 5

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINA
ROCK HILL DIVISION

EQUAL EMPLOYMENT

)

OPPORTUNITY COMMISSION,

)

)

Plaintiff,

)

)

v.

)

)

WEST ROOFING SYSTEMS -

)

GEORGIA, INC.

)

)

Defendant.

)

______________________________________ )

CIVIL ACTION NO. COMPLAINT 0:07-3249 JURY TRIAL DEMAND

NATURE OF THE ACTION This is an action under Title VII of the Civil Rights Act of 1964 and Title I of the Civil Rights Act of 1991, to correct unlawful employment practices on the basis of sex and to provide appropriate relief to Tomeka Evans who was adversely affected by the practices. As alleged with greater particularity below, Plaintiff, the U.S. Equal Employment Opportunity Commission (“the Commission”) alleges that Defendant West Roofing Systems-Georgia, Inc. (“Defendant”) discriminated against Tomeka Evans by failing to hire her because of her sex, female.
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(f)(1) and (3) of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e–5(f)(1) and (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 District of South Carolina, Rock Hill

0:07-cv-03249-JFA-BM Date Filed 09/27/07 Entry Number 1 Page 2 of 5
Division. This lawsuit is being filed in the Rock Hill Division because a substantial part of the events or omissions giving rise to the claims alleged in this suit occurred in Chester county which is within the Rock Hill Division.
PARTIES 3. 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 of the Civil Rights Act of 1964, and is expressly authorized to bring this action by Sections 706(f)(1) and (3) of Title VII, 42 U.S.C. §2000e-5(f)(1) and (3). 4. At all relevant times West Roofing Systems-Georgia, Inc. has been a foreign corporation, incorporated in Georgia, doing business in the state of South Carolina and City of Fort Lawn, and has continuously had at least 15 employees. 5. At all relevant times, Defendant has continuously been an employer engaged in an industry affecting commerce under Sections 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, Tomeka Evans filed a charge of discrimination with the Commission alleging a violation of Title VII by Defendant. All conditions precedent to the institution of this lawsuit have been fulfilled. 7. On or about September 8, 2005, Defendant engaged in unlawful employment practices at its worksite located in Fort Lawn, South Carolina in violation of Section 703(a)(1) of Title VII, 42 U.S.C. §2000e-2(a)(1). Specifically, Defendant failed to hire Tomeka Evans because of her sex, female, for a laborer position. On or about September 7, 2005, Tomeka
2

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Evans applied for a position as a laborer for which she was qualified. Defendant told Ms. Evans to report to Defendant’s worksite the next day. When Ms. Evans reported to the worksite, Defendant refused to hire her because she is a female. Defendant continued to hire male laborers.
8. The effect of the practices complained of in paragraph 7 above has been to deprive Tomeka Evans of equal employment opportunities and otherwise adversely affect her status as an employee because of her sex.
9. The unlawful employment practices complained of in paragraph 7 above were intentional.
10. The unlawful employment practices complained of in paragraph 7 above were done with malice or with reckless indifference to the federally protected rights of Tomeka Evans.
PRAYER FOR RELIEF Wherefore, the Commission respectfully requests that this Court: A. Grant a permanent injunction enjoining Defendant, its officers, successors, assigns, and all persons in active concert or participation with it, from failing to hire employees on the basis of their sex or from any other employment practice that discriminates on the basis of sex. B. Order Defendant to institute and carry out policies, practices, and programs that provide equal employment opportunities for women, and which eradicate the effects of their past and present unlawful employment practices. C. Order Defendant to make whole Tomeka Evans by providing appropriate backpay with prejudgment interest, in amounts to be determined at trial, and other affirmative relief
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necessary to eradicate the effects of unlawful employment practices, including but not limited to reinstatement or front pay.
D. Order Defendant to make whole Tomeka Evans by providing compensation for past and future pecuniary losses resulting from the unlawful employment practices described in paragraph 7 above, including job search expenses, in amounts to be determined at trial.
E. Order Defendant to make whole Tomeka Evans by providing compensation for past and future non-pecuniary losses resulting from the unlawful practices complained of in paragraph 7 above, including but not limited to emotional pain, suffering, inconvenience, loss of enjoyment of life, humiliation, loss of self-esteem and loss of civil rights, in amounts to be determined at trial.
F. Order Defendant to pay Tomeka Evans punitive damages for its malicious and reckless conduct, as described 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. JURY TRIAL DEMAND
The Commission requests a jury trial on all questions of fact raised by its complaint.
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DATED this the 27th day of September, 2007.
Respectfully submitted,
RONALD S. COOPER General Counsel
JAMES L. LEE Deputy General Counsel
GWENDOLYN YOUNG REAMS Associate General Counsel EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 1801 L Street, N.W. Washington, D.C. 20507
LYNETTE A. BARNES Regional Attorney
TINA BURNSIDE Supervisory Trial Attorney
s/ Mary M. Ryerse MARY M. RYERSE Trial Attorney (Bar No. 9604) EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Charlotte District Office 129 West Trade Street, Suite 400 Charlotte, North Carolina 28202 Telephone: 704.344.6886 Facsimile: 704.344.6780 E-mail: mary.ryerse@eeoc.gov
ATTORNEYS FOR PLAINTIFF
5

 
 0:07-cv-03249-JFA-BM Date Filed 07/25/08 Entry Number 23 Page 1 of 9

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINA
ROCK HILL DIVISION

EQUAL EMPLOYMENT

)

OPPORTUNITY COMMISSION,

)

)

Plaintiff,

)

)

v.

)

)

WEST ROOFING SYSTEMS -

)

GEORGIA, INC.,

)

Defendant.

)

______________________________________ )

CIVIL ACTION NO. 0:07-cv-03249-JFA-BM
CONSENT DECREE

The Equal Employment Opportunity Commission (the "Commission") instituted this

action pursuant to Section 706(f)(1) and (3) of Title VII of the Civil Rights Act of 1964, as

amended, 42 U.S.C. Section 2000e-5(f)(1) and (3) ("Title VII"), and Section 102 of the Civil

Rights Act of 1991, 42 U.S.C. § 1981a. The Commission’s complaint alleged that Defendant

West Roofing Systems-Georgia, Inc. (“Defendant”) discriminated against Tomeka Evans by

failing to hire her because of her sex, female.

The Commission and Defendant hereby stipulate to jurisdiction of the Court over the

parties and agree that the subject matter of this action is properly before the Court. The parties

have advised this Court that they desire to resolve the allegations in the Complaint without the

burden, expense, and delay of further litigation.

It is therefore the finding of this Court, made on the pleadings and the record as a whole,

that: (1) the Court has jurisdiction over the parties and the subject matter of this action; (2) the

purpose and provisions of Title VII will be promoted and effectuated by the entry of the Consent

Decree; and (3) this Decree resolves all matters in controversy between the parties as provided in

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paragraphs 1 through 18 below. It is therefore ORDERED, ADJUDGED AND DECREED as follows: 1. Defendant shall not discriminate against any person on the basis of sex or any
other protected category within the meaning of Title VII. 2. Defendant shall not discriminate or retaliate against any person because of
opposition to any practice made unlawful under Title VII of the Civil Rights Act of 1964 or because of the filing of a charge, the giving of testimony or assistance, or the participation in any investigation, proceeding or hearing under that statute.
3. Defendant shall pay Tomeka Evans the sum of twelve thousand dollars ($12,000.00) in settlement of the claims raised in this action. Defendant shall make payment by issuing a check payable to Ms. Evans. Payment shall be made within fifteen (15) days after the Court approves this Consent Decree, and Defendant shall mail the check to Ms. Evans at an address provided by the Commission. Within ten (10) days after the check has been sent, Defendant shall mail to Lynette A. Barnes, Regional Attorney, Equal Employment Opportunity Commission, 129 W. Trade Street, Suite 400, Charlotte N.C., 28202, a copy of the check and proof of its delivery to Ms. Evans.
4. Defendant has in place an Equal Employment Opportunity policy, attached as Appendix A, that it shall maintain throughout the term of this decree. Within thirty (30) days of the entry of this Decree by the Court, Defendant shall redistribute to its current employees a copy of its formal, written anti-discrimination policy. Within forty-five (45) days of the entry of this Decree, Defendant shall report compliance to the Commission. During the term of this Decree, Defendant shall distribute its policy to each new employee at the time of hire.
2

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5. During the term of this Decree, Defendant shall post a copy of the policy described in paragraph 4 above, at its office in Tunnel Hill, Georgia in a place where it is visible to employees and applicants. If the policy becomes defaced or unreadable, Defendant shall replace it by posting another copy of the policy. Within ten (10) days after the Consent Decree is entered, Defendant will post the policy and notify the Commission that it has been posted.
6. Defendant shall implement a hiring procedure that does not rely solely on wordof-mouth for publicizing openings and that includes a written hiring procedure to ensure that applicants are evaluated based on their qualifications and interest in open positions.
7. Defendant shall post job vacancies in a place at Defendant’s office where potential applicants can view them.
8. Defendant will actively recruit women into jobs where they have traditionally been excluded. Defendant agrees to provide written notice to all employees of its efforts to increase female applicants and hires on each hiring occasion. Defendant will notify the Commission of compliance within 10 days of notification to employees.
9. Defendant agrees to expand its recruitment efforts of female applicants to include notifying the Georgia Department of Labor Career Center in Dalton, Georgia of job vacancies except in the case of unexpected vacancies that occur during the course of a project and need to be filled immediately in order to complete the project. Any advertisements for job openings shall include a statement that Defendant is an equal opportunity employer and that women are encouraged to apply. Defendant also agrees to notify the Commission of its compliance with this provision within 10 days of notification to the Georgia Department of Labor.
3

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10. During the term of this Decree, Defendant shall provide an annual training program to all of its managers, supervisors and employees. Each training program shall include an explanation of the requirements of Title VII of the Civil Rights Act of 1964, and its prohibition against sex discrimination in the workplace. Each training program shall also include an explanation of Defendant’s policy referenced in paragraph 4 above, and an explanation of the rights and responsibilities of employees and managers under the policy.
The first training program shall be completed by May 31, 2009. Each subsequent training program shall be conducted at approximately one-year intervals. Within ten (10) days after completion of each training program, Defendant shall certify to the Commission the specific training which was undertaken and shall provide the Commission with a roster of all employees in attendance.
11. Beginning within thirty (30) days after the entry of this Decree by the Court, and continuing throughout the term of this Decree, Defendant shall conspicuously post the attached Employee Notice, marked Appendix B, hereby made a part of this Decree, in a place where it is visible to employees at its office in Tunnel Hill, Georgia. If the Notice becomes defaced or unreadable, Defendant shall replace it by posting another copy of the Notice. Within forty-five (45) days after entry of this Decree, Defendant shall notify the Commission that the Notice has been posted pursuant to this provision.
12. During the term of this Consent Decree, Defendant shall provide the Commission with reports at six (6) month intervals, with the first being due four (4) months after approval by the Court of this Decree. The reports will include the following information:
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a. Defendant shall maintain, segregated apart from its employment decision-making process, applicant flow records for all individuals who apply for a laborer position or are hired for that position. These records will include: 1. Date of application; 2. Applicant’s name, address, telephone number, and sex if known; 3. Whether the applicant was interviewed; 4. Reason for applicant rejection, if applicable.
b. Defendant shall provide copies of all applications for laborer positions. c. Defendant shall also document and maintain records relating to every complaint
of sex discrimination. Such records include: 1. The name, sex, social security number, last known telephone number and address of all individuals who complained of or reported any conduct he or she believed to be sex discrimination under Title VII or a violation of Defendant’s Equal Employment Opportunity Policy (referenced in paragraph 4 above); 2. A detailed description of the alleged sex discrimination; and 3. A detailed description of what action, if any, Defendant took in response to the report or complaint
In the event there is no activity to report pursuant to this paragraph, Defendant shall send the Commission a “negative” report indicating no activity.
13. The Commission may review compliance with this Decree. As part of such review, the Commission may inspect Defendant’s facilities, interview employees and examine and copy documents.
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14. If anytime during the term of this Decree, the Commission believes that Defendant is in violation of the Decree, the Commission shall give notice of the alleged violation to Defendant. Defendant shall have ten (10) days in which to investigate and respond to the allegations. Thereafter, the parties shall then have a period of ten (10) days or such additional period as may be agreed upon by them, in which to engage in negotiation regarding such allegations before the Commission exercises any remedy provided by law.
15. The term of this Decree shall be for three (3) years from its entry by the Court. 16. All reports or other documents sent to the Commission by Defendant pursuant to this Decree shall be sent to: Lynette A. Barnes, Regional Attorney, Equal Employment Opportunity Commission, 129 W. Trade Street, Suite 400, Charlotte N.C., 28202. 17. Each party shall bear its own costs and attorney’s fees. 18. This Court shall retain jurisdiction of this cause for purposes of monitoring compliance with this Decree and entry of such further orders as may be necessary or appropriate.

IT IS SO ORDERED.

July 24, 2008 Columbia, South Carolina

Joseph F. Anderson, Jr. United States District Judge

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The parties jointly request that the Court approve and enter the Consent Decree: This 24th day of July 2008.

PLAINTIFF EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
RONALD S. COOPER General Counsel
JAMES L. LEE Deputy General Counsel
GWENDOLYN YOUNG REAMS Associate General Counsel
LYNETTE A. BARNES Regional Attorney
TINA BURNSIDE Supervisory Trial Attorney
s/ Mary M Ryerse MARY M. RYERSE (Fed. Bar No. 9604) Trial Attorney EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Charlotte District Office 129 West Trade Street, Suite 400 Charlotte, North Carolina 28202 Phone: 704.344.6886 Facsimile: 704.344.6780 e-mail: mary.ryerse@eeoc.gov
ATTORNEYS FOR PLAINTIFF

DEFENDANT WEST ROOFING SYSTEMS - GEORGIA INC.
s/ Deborah Casey Brown DEBORAH CASEY BROWN (Fed. Bar No. 1507) GALLIVAN, WHITE & BOYD, P.A. 55 Beattie Place, Suite 1200 P.O. Box 10589 Greenville, SC 29603 Phone: (864) 271-5346 E-mail: dbrown@gwblawfirm.com
ATTORNEY FOR DEFENDANT

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Equal Employment Opportunity In order to provide equal employment and advancement opportunities to all individuals, employment decisions at West Roofing Systems - Georgia, Inc. will be based on merit, qualifications, and abilities. West Roofing Systems - Georgia, Inc. does not discriminate in employment opportunities or practices on the basis of race, color, religion, sex, national origin, age, disability, or any other characteristic protected by law. We will make reasonable accommodations for qualified individuals with known disabilities unless doing so would result in an undue hardship. This policy covers all aspects of employment, including selection, job assignment, compensation, discipline, termination, and access to benefits and training. In addition to our commitment to provide equal employment opportunities to all qualified individuals, we have established an affirmative action program to promote opportunities for individuals in certain protected classes throughout West Roofing Systems - Georgia, Inc. If you have any question or concern about any type of discrimination in the workplace, you are encouraged to bring the issue to the attention of your supervisor or the Administration Office. At West Roofing Systems - Georgia, Inc., be assured that you can raise concerns and make reports without fear of reprisal. Further, anyone found to be engaging in any type of unlawful discrimination will be subject to disciplinary action, up to and including termination of employment.
Appendix A

0:07-cv-03249-JFA-BM Date Filed 07/25/08 Entry Number 23 Page 9 of 9

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINA
ROCK HILL DIVISION

EQUAL EMPLOYMENT

)

OPPORTUNITY COMMISSION,

)

)

Plaintiff,

)

)

v.

)

)

WEST ROOFING SYSTEMS -

)

GEORGIA, INC.,

)

)

Defendant.

)

________________________________________ )

CIVIL ACTION NUMBER 0:07-cv-03249-JFA-BM
NOTICE

1. This Notice is posted pursuant to a settlement between the U.S. Equal Employment Opportunity Commission (EEOC) and West Roofing Systems-Georgia, Inc. in a case of discrimination based on sex. As part of the settlement, West Roofing Systems-Georgia, Inc. agreed to take actions set out in the Consent Decree resolving this matter.

2. Federal law requires that employers not discriminate against any employee or applicant for employment because of the individual’s race, color, religion, sex, national origin, age (40 or older) or disability. Title VII specifically prohibits discrimination based on sex.

3. West Roofing Systems-Georgia, Inc. will comply with such federal law in all respects. Furthermore, West Roofing Systems-Georgia, Inc. will not take any actions against employees because they have exercised their rights, reported an alleged violation under the law or given testimony, assistance or participation in any investigation, proceeding or hearing conducted by the U. S. Equal Employment Opportunity Commission.

An employee has the right, and is encouraged to exercise that right, to report allegations of employment discrimination in the workplace. An employee may contact their local U. S. Equal Employment Opportunity Commission field office for the purpose of filing a charge of employment discrimination. To locate the nearest field office, contact:

Equal Employment Opportunity Commission 1801 L Street, N.W.
Washington, DC 20507 TEL: 1-800-669-4000 TTY: 1-800-669-6820

This Notice will remain posted for at least three (3) years by agreement with the U.S. Equal Employment Opportunity Commission.

DO NOT REMOVE THIS NOTICE UNTIL: ____________________________, 2011.

Appendix B

 
 Case: 0:07-cv-3249 As of: 05/26/2010 11:37 AM EDT 1 of 2
CLOSED, JURY
U.S. District Court District of South Carolina (Rock Hill) CIVIL DOCKET FOR CASE #: 0:07−cv−03249−JFA−BM

Equal Employment Opportunity Comission v. West Roofing Systems−Georgia, Inc Assigned to: Honorable Joseph F Anderson, Jr Referred to: Magistrate Judge Bristow Marchant Cause: 42:2000 Job Discrimination (Sex)
Plaintiff

Date Filed: 09/27/2007 Date Terminated: 07/25/2008 Jury Demand: Both Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

Equal Employment Opportunity Comission

represented by Mary M Ryerse US Equal Opportunity Commission 129 W Trade Street Suite 400 Charlotte, NC 28202 704−344−6886 Fax: 704−344−6780 Email: mary.ryerse@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

V. Defendant West Roofing Systems−Georgia Inc

represented by Deborah Casey Brown Gallivan White and Boyd PO Box 10589 Greenville, SC 29603 864−271−5346 Fax: 864−271−7502 Email: dbrown@gwblawfirm.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed 09/27/2007 09/27/2007 09/27/2007
10/30/2007
11/26/2007 11/27/2007

# Docket Text
1 COMPLAINT against West Roofing Systems−Georgia, Inc, filed by Equal Employment Opportunity Comission.(ahen, ) (Entered: 09/28/2007)
3 Local Rule 26.01 Answers to Interrogatories by Equal Employment Opportunity Comission.(ahen, ) (Entered: 09/28/2007)
4 REQUEST FOR WAIVER of Service sent to West Roofing Systems−Georgia Inc on 9/27/07 by Equal Employment Opportunity Comission.Waiver of Service due by 10/28/2007. (ahen, ) (Entered: 09/28/2007)
5 WAIVER OF SERVICE by Equal Employment Opportunity Comission. West Roofing Systems−Georgia Inc waiver executed on 9/28/2007, answer due 11/27/2007. (Attachments: # 1 executed waiver)(Ryerse, Mary) (Entered: 10/30/2007)
7 ANSWER to Complaint by West Roofing Systems−Georgia Inc.(Brown, Deborah) (Entered: 11/26/2007)
8 CONFERNECE AND SCHEDULING ORDER Rule 26(f) Conference Deadline 12/17/2007, 26(a) Initial Disclosures due by 1/2/2008, Rule 26 Report due by 1/2/2008, Amended Pleadings due by 1/25/2008, Plaintiffs ID of Expert Witness due by 2/25/2008, Defendants ID of Expert Witnesses Due by 3/25/2008, Records Custodian Affidavit due by 3/25/2008, ADR Statement due by 5/9/2008, Discovery due by 5/27/2008, Mediation Due by 6/9/2008, Motions due by 7/28/2008,. Signed by Magistrate Judge Bristow Marchant on 11/27/07. (ahen, ) (Entered: 11/27/2007)

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01/02/2008 01/02/2008 05/12/2008 05/13/2008 05/22/2008
05/23/2008
07/25/2008

10 Proposed Discovery Plan and Joint Local Rule 26.03 Answers to Interrogatories by Equal Employment Opportunity Comission, West Roofing Systems−Georgia Inc.(Ryerse, Mary) (Entered: 01/02/2008)
11 Joint Rule 26(f) Report by Equal Employment Opportunity Comission, West Roofing Systems−Georgia Inc.(Ryerse, Mary) (Entered: 01/02/2008)
17 ADR STATEMENT/CERTIFICATION by Equal Employment Opportunity Comission(Ryerse, Mary) (Entered: 05/12/2008)
18 ADR STATEMENT/CERTIFICATION by West Roofing Systems−Georgia Inc(Brown, Deborah) (Entered: 05/13/2008)
19 Joint MOTION for Extension of Time and Amendment of Scheduling Order by Equal Employment Opportunity Comission, West Roofing Systems−Georgia Inc. Response to Motion due by 6/9/2008 (Attachments: # 1 Proposed Order)Proposed order is being emailed to chambers with copy to opposing counselMotions referred to Bristow Marchant.(Ryerse, Mary) (Entered: 05/22/2008)
20 Amended Conference and SCHEDULING ORDER( Discovery due by 7/11/2008,, Motions due by 9/11/2008,, Mediation Due by 7/24/2008,), Motions terminated: 19 Joint MOTION for Extension of Time and Amendment of Scheduling Order filed by Equal Employment Opportunity Comission, West Roofing Systems−Georgia Inc.. Signed by Magistrate Judge Bristow Marchant on 5/23/08. (ahen, ) (Entered: 05/27/2008)
23 CONSENT DECREE directing that (1) the Court has jurisdiction over the parties and the subject matter of this action; (2) the purpose and provisions of Title VII will be promoted and effectuated by the entry of the Consent Decree; and (3) this Decree resolves all matters in controversy between the parties as provided in paragraphs 1 through 18. The term of this Decree shall be for three years from its entry by the Court. Each party shall bear its own costs and attorney's fees. Signed by Honorable Joseph F Anderson, Jr on 07/24/08. (bshr, ) (Entered: 07/25/2008)