Case 3:00-cv-02122 Document 1 Filed 09/28/2000 Page 1 of 5

U.S. DISTRICT COURT NORTHERN DISTRICT OF TEXAS
FILED

IN THE UNITED STATES DISTRICT OURT FOR THE NORTHERN DISTRICT OF TEXAS

SEP L 8 2000

DALLAS DIVISION

CLERK, U.s. DISTRICT COURT

By ____~__- - - - - - Deputy

EQUAL EMPLOYMENT OPPORTUNITY }

COMMISSION,

}

}

Plaintiff,

}

}

v.

}

}

}

BICCGENERAL CABLE INDUSTRIES, INC., }

}

Defendant.

}

------------------------------}

CIVIL ACTION NO.
:i-Uoc\t2122-D
COMPLAINT
JURY TRIAL DEMAND

NATURE OF THE ACTION

This is an action under Title VII of the Civil Rights Act of 1964, as amended ("Title VII")

and Title I of the Civil Rights Act of 1991 to correct unlawful employment practices on the basis of

race, Black, and national origin, African and unlawful employment actions taken in retaliation for

opposing practices made unlawful ofdiscrimination under Title VII and to provide appropriate relief

to George Asamoah ("Asamoah") and Tony Evans ("Evans") and other individuals similarly

situated. Defendant subjected Asamoah, Evans, and other individuals similarly situated to disparate

discipline, and harassment which affected the terms and conditions ofemployment, because oftheir

race, Black, and national origin, African. When Asamoah and Evans complained in opposition to

the unlawful employment practices of Defendant, Defendant retaliated by discharging them.

Case 3:00-cv-02122 Document 1 Filed 09/28/2000 Page 2 of 5

JURISDICTION AND VENUE 1. Jurisdiction ofthis Court is invokedpursuantto 28 U.S.C. §§451, 1331, 1337, 1343, and 1345. This action is authorized and instituted pursuant to Section 706(f)(3) ofthe Civil Rights Act of 1964, as amended, ("Title VII"), 42 U.S.C § 2000e-5(f)(3), and Section 102 of the Civil Rights Act of 1991,42 U.S.C. Sec. 1981a. 2. The employment practices alleged to be unlawful were committed within the State of Texas and venue is proper under 42 U.S.C. § 2000-e5 (f) (3).
PARTIES 3. Plaintiff, Equal Employment Opportunity Commission (the "Commission"), is an agency of the United States of America charged with the administration, interpretation and enforcement of Title VII ofthe Civil Rights Act of 1964, as amended and is expressly authorized to bring this action by Section 706(a) of Title VII, 42 U.S.C. § 2000e-5(a). 4. At all relevant times, Defendant, BICCGeneral Cable Industries, Inc. ("General") has continuously been and is now doing business in the State of Texas and has continuously had at least fifteen employees. 5. At all relevant times, Defendant, General, has continuously been an employer engaged in an industry affecting commerce under Section 701(b), (g) and (h) of Title VII, 42 U.S.C. §2000e(b), (g) and (h).
STATEMENT OF CLAIMS 6. More than thirty days prior to the institution ofthis lawsuit, George Asamoah filed charges with the Commission alleging violations of Title VII of the Civil Rights Act of 1964, as

COMPLAINT

2

Case 3:00-cv-02122 Document 1 Filed 09/28/2000 Page 3 of 5
amended, by the Defendant, General. All conditions precedent to the institution ofthis lawsuit have been fulfilled.
7. During the employment ofAsamoah and Evans, the Defendant engaged in unlawful employment practices in violation of §703(a)(l) of Title VII, 42 U.S.C. § 2000e-2(a)(l), by subjecting Asamoah, Evans, and other individuals similarly situated to disparate discipline, and harassment which affected the terms and conditions of employment, because of their race, Black, and national origin, African.
8. Defendant further engaged in unlawful employment practices in violation of §704 (a) of Title VII, 42 U.S.C. §2000e-3(a), by terminating Asamoah and Evans because they had opposed employment practices made unlawful by Title VII.
9. The result of the foregoing practices has been to deprive Asamoah and Evans and other individuals similarly situated of equal employment opportunities because of their race, Black, and national origin, African, and to discriminate against Asamoah and Evans for exercising their rights under Title VII.
10. The unlawful employment practices complained of in paragraph 7 and 8 above were intentional.
11. The unlawful employment practices complained of in paragraph 7 and 8 above were done with malice or with reckless indifference to the federally protected rights of Asamoah and Evans.

COMPLAINT

3

Case 3:00-cv-02122 Document 1 Filed 09/28/2000 Page 4 of 5

PRAYER FOR RELIEF Wherefore, the Commission respectfully requests that this Court: A. Grant a permanent injunction enjoining the Defendant, General, its officers, successors, assigns, and all persons in active concert or participation with it, from engaging in any employment practice which discriminates on the basis ofrace or national origin or which constitutes retaliation for opposing any practice made an unlawful employment practice under Title VII. B. Order the Defendant to institute and carry out policies, practices, and programs which provide equal employment opportunities for Blacks and persons of African national origin, and which eradicate the effects of its past and present unlawful employment practices. C. Order the Defendant to make whole Asamoah and Evans by providing appropriate back pay with prejudgment interest in amounts to be determined at trial, front pay, pecuniary damages, compensatory damages including out-of-pocket expenses, and other affirmative relief necessary to eradicate the effects of its unlawful employment practices, including but not limited to rightful place reinstatement of Asamoah and Evans. D. Order the Defendant to make Asamoah and Evans whole by providing compensation for past and future nonpecuniary losses resulting from the unlawful employment practices described in paragraphs 7 and 8 above, including but not limited to, pain and suffering, humiliation, embarrassment, emotional distress, anxiety, and loss of enjoyment of life, in amounts to be determined at trial. E. Order the Defendant to pay Asamoah and Evans punitive damages for its malicious conduct or reckless indifference described and referenced in paragraphs 7 and 8 above, in an amount to be determined at trial.

COMPLAINT

4

Case 3:00-cv-02122 Document 1 Filed 09/28/2000 Page 5 of 5
F. Grant such further relief as the Court deems necessary and proper in the public
interest.
G. Award the Commission its costs in this action.
JURY TRIAL DEMAND
The Commission requests a jury trial on all questions of fact raised by its Complaint.
Respectfully submitted,
C. GREGORY STEWART General Counsel
ROBERT A. CANINO Regional Attorney Oklahoma State Bar NO.011782
_____ TOBY W. COSTAS
Supervisory Trial Attorney
Te~tate ~or~
SIDNE B. CHESNIN Senior rial Attorney Texas State Bar NO.04186600
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Dallas District Office 207 South Houston, 3rd Floor Dallas, Texas 75202 (214) 655-3330 (214) 655-3331 FAX

COMPLAINT

5

 
 Case 3:00-cv-02122 Document 16 Filed 05/03/2001 Page 1 of 6

NORTHERN DISTRICT OF TEXAS
FILED

OR\G\Nt\\.

IN THE UNITED STATES DISTRICT FOR THE NORTHERN DISTRICT OF
DALLAS DIVISION

MAY - 3 200f

CLERK, U.S. DISTRICT COURT

By

r

EQUAL EMPLOYMENT OPPORTUNITY }

COMMISSION,

}

}

Plaintiff,

}

}

v.

}

}

}

BICCGENERAL CABLE INDUSTRIES, INC. , }

GENERAL CABLE INDUSTRIES, INC., AND }

GENERAL CABLE CORPORATION,

}

}

Defendants.

}

------------------------------ }

CIVIL ACTION NO. 3:00CV2122-D AMENDED COMPLAINT
JURY TRIAL DEMAND

NATURE OF THE ACTION

This is an action under Title VII of the Civil Rights Act of 1964, as amended ("Title VII")

and Title I of the Civil Rights Act of 1991 to correct unlawful employment practices on the basis of

race, Black, and/or national origin, African, to correct unlawful employment actions taken in

retaliation for opposing practices made unlawful under Title VII and to provide appropriate relief

to George Asamoah ("Asamoah") and Tony Evans ("Evans") and other individuals similarly

situated. Defendants subjected Asamoah, Evans, and other individuals similarly situated to

disparate discipline, including, but not limited to, termination, and to employment practices which

affected the terms and conditions of employment, because oftheir race, Black, and/or their national

origin, African. When Asamoah and Evans complained in opposition to the unlawful employment

practices of Defendants, Defendants retaliated by discharging them.

Case 3:00-cv-02122 Document 16 Filed 05/03/2001 Page 2 of 6

JURISDICTION AND VENUE 1. Jurisdiction ofthis 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)(3) of the Civil Rights Act of 1964, as amended, ("Title VII"), 42 U.S.C § 2000e-5(f)(3), and Section 102 of the Civil Rights Act of 1991,42 U.S.C. Sec. 1981a. 2. The employment practices alleged to be unlawful were committed within the State of Texas and venue is proper under 42 U.S.C. § 2000-e5 (f) (3).
PARTIES 3. Plaintiff, Equal Employment Opportunity Commission (the "Commission"), is an agency of the United States of America charged with the administration, interpretation and enforcement of Title VII ofthe Civil Rights Act of 1964, as amended and is expressly authorized to bring this action by Section 706(a) of Title VII, 42 U.S.C. § 2000e-5(a). 4. At all relevant times, Defendant, BICCGeneral Cable Industries, Inc. ("BICC"), now known as General Cable Industries, Inc. ("General") has continuously been and is now doing business in the State of Texas and has continuously had at least fifteen employees. General Cable Industries, Inc., is a successor corporation to BICCGeneral Cable Industries, Inc. 5. Defendant, General Cable Corporation, ("General Cable"), is the corporate parent of Defendant, General. General Cable isjointly and severally liable along with Defendants, BICC and General, under the theories of "joint employer," "integrated enterprise" and/or "alter ego." 6. At all relevant times, Defendants, BICC, General and General Cable, have continuously been employers engaged in an industry affecting commerce under Section 701 (b), (g)

AMENDED COMPLAINT

2

Case 3:00-cv-02122 Document 16 Filed 05/03/2001 Page 3 of 6
and (h) of Title VII, 42 U.S.C. §2000e-(b), (g) and (h) and each has continuously employed at least 15 employees.
STATEMENT OF CLAIMS 7. More than thirty days prior to the institution of this lawsuit, George Asamoah filed charges with the Commission alleging violations of Title VII of the Civil Rights Act of 1964, as amended, by the Defendants. All conditions precedent to the institution of this lawsuit have been fulfilled. 8. During the employment ofAsamoah and Evans, the Defendants engaged in unlawful employment practices in violation of §703(a)(I) of Title VII, 42 U.S.C. § 2000e-2(a)(I), by subjecting Asamoah, Evans, and other individuals similarly situated to disparate discipline, including but not limited to, termination, and to employment practices which unlawfully affected the terms and conditions of employment, because of their race, Black, and/or national origin, African. 9. Defendants further engaged in unlawful employment practices in violation of §704 (a) of Title VII, 42 U.S.C. §2000e-3(a), by terminating Asamoah and Evans because they had opposed employment practices made unlawful by Title VII. 10. The result ofthe foregoing practices has been to deprive Asamoah and Evans and other individuals similarly situated of equal employment opportunities because of their race, Black, and/or national origin, African, and to discriminate against Asamoah and Evans for exercising their rights under Title VII. 11. The unlawful employment practices complained ofin paragraphs 8 and 9 above were intentional.

AMENDED COMPLAINT

3

Case 3:00-cv-02122 Document 16 Filed 05/03/2001 Page 4 of 6
12. The unlawful employment practices complained ofin paragraphs 8 and 9 above were done with malice or with reckless indifference to the federally protected rights of Asamoah and Evans.
PRAYER FOR RELIEF Wherefore, the Commission respectfully requests that this Court: A. Grant a permanent injunction enjoining the Defendants, BICC, General and General Cable, their officers, successors, assigns, and all persons in active concert or participation with them, from engaging in any employment practice which discriminates on the basis of race or national origin or which constitutes retaliation for opposing any practice made an unlawful employment practice under Title VII. B. Order the Defendants to institute and carry out policies, practices, and programs which provide equal employment opportunities for Blacks and persons of African national origin, and which eradicate the effects of their past and present unlawful employment practices. C. Order the Defendants to make whole Asamoah and Evans by providing appropriate back pay with prejudgment interest in amounts to be determined at trial, front pay, pecuniary damages, compensatory damages including out-of-pocket expenses, and other affirmative relief necessary to eradicate the effects oftheir unlawful employment practices, including but not limited to rightful place reinstatement of Asamoah and Evans. D. Order the Defendants to make Asamoah and Evans whole by providing compensation for past and future non-pecuniary losses resulting from the unlawful employment practices described in paragraphs 8 and 9 above, including but not limited to, pain and suffering, humiliation,

AMENDED COMPLAINT

4

Case 3:00-cv-02122 Document 16 Filed 05/03/2001 Page 5 of 6
embarrassment, emotional distress, anxiety, and loss of enjoyment of life, in amounts to be determined at trial.
•
F. Order the Defendants to pay Asamoah and Evans punitive damages for their malicious conduct or reckless indifference described and referenced in paragraphs 8 and 9 above, in an amount 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 in this action. JURY TRIAL DEMAND
The Commission requests ajury trial on all questions of fact raised by its Complaint.
Respectfully submitted,
ROBERT A. CANINO Regional Attorney Oklahoma State Bar NO.Ol1782
TOBYW. COSTAS Supervisory Trial Attorney Texa~ ,S~ate Bar N~20
Senior Tria Attorney Texas State Bar No.04186600

AMENDED COMPLAINT

5

Case 3:00-cv-02122 Document 16 Filed 05/03/2001 Page 6 of 6

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Dallas District Office 207 South Houston, 3rd Floor Dallas, Texas 75202 (214) 655-3330 (214) 655-3331 FAX

CERTIFICATE OF SERVICE

I certify that a true copy of the foregoing has.been served on all counsel of record for the

Defendant at the address below via United States first1class mail, postage prepaid, certified, return

receipt requested on the (1.,j»)'\.. day of

~v

,2001.

Allen Butler Robert J. Wood, Jr. Clark, West, Keller, Butler & Ellis, L.L.P. 4800 Renaissance Tower Dallas, Texas 75270-2146 (214) 741-1001 (214) 760-9812 (FAX)

Mark Blondman Donald D. Gamburg Blank Rome Comisky & McCauley LLP One Logan Square Philadelphia, PA 19103-6998 (215) 569-5500 (215) 569-5555 (F{\X)
~\~~
\

AMENDED COMPLAINT

6

 
 Case 3:00-cv-02122 Document 39 Filed 05/21/2002 Page 1 of 4

NORTHERN DISTRICf OF TEXAS
FILED

IN THE UNITED STATES DISTRICT FOR THE NORTHERN DISTRICT OF
DALLAS DIVISION

MAY 2. I am

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff,
VS.
BICCGENERAL CABLE INDUSTRIES, INC.,
Defendant.

~U~.U~~A.~~~~~V~

§

..... BJ_~~_ ,+-,........-

§

§

§

§ Civil Action No. 3:00-CV-2122-D

§

§

§

§

§

§

ORDER

Defendants BICCGeneral Cable Industries, Inc., General Cable Industries, Inc., and General

Cable Corporation (collectively, "General Cable") terminated the employment of Tony Evans

("Evans") and George Asamoah ("Asamoah"), both naturalized United States citizens who were born

in Ghana, on the basis that they were found asleep on the job. Suing on behalfofEvans and Asamoah

and other individuals similarly situated, the Equal Employment Opportunity Commission ("EEOC")

maintains that General Cable discharged them based on their black race and/or Ghanaian national

origin, or in retaliation for complaining about discrimination, in violation of Title VII of the Civil

Rights Act of 1964,42 U.S.C. § 2000e et seq. On February 1,2002 General Cable filed a motion

for summary judgment, contending that the EEOC cannot establish a prima facie case of

discrimination or retaliation and, even if it can, that it cannot prove pretext.

The court has carefully reviewed the evidentiary record produced by the EEOC and General

Cable. If a jury credits General Cable's view of the evidence, it will have abundant grounds to find

that, after conducting an independent investigation, General Cable discharged Evans and Asamoah

for sleeping on the job. But a jury could also find that Evans and Asamoah were victims of

31

Case 3:00-cv-02122 Document 39 Filed 05/21/2002 Page 2 of 4
discrimination based on race and/or national origin, and/or that General Cable terminated their employment in retaliation for opposing discrimination in the workplace.
Viewing the summary judgment evidence favorably to the EEOC and drawing all reasonable inferences in its favor, as the court must, the court holds that a jury could find that the EEOC has established a prima facie case of race and national origin discrimination and adduced evidence that General Cable's proffered reason for discharging Evans and Asamoah was pretextual. At about the time that Evans and Asamoah were discharged based on the complaints of supervisor Romeo Rodriguez ("Rodriguez") that they had been sleeping on the job, Rodriguez awakened Hispanic machine operators, assisted them in shaking off their grogginess, and took no disciplinary action against them. According to evidence in the summaryjudgment record, Rodriguez also harassed black employees and closely supervised them.
A reasonable jury could also find that the EEOC has shown a prima facie case of retaliation and of pretext. Evans had been employed by General Cable since September 1997 and Asamoah since January 1996. But neither was terminated for sleeping on the job until 1999, after Evans complained to his supervisor and to Rodriguez about discriminatory treatment and Asamoah complained to a union steward that Rodriguez had discriminated against blacks and Africans.
On February 8 or 9, 1999 Evans complained to his regular supervisor, Ken Leo ("Leo"), that Rodriguez had discriminated against him and other African-American employees. Leo, in tum, spoke to Rodriguez about the complaint. On February 10 Evans complained directly to Rodriguez about his treatment of African-Americans. Evans was discharged on February 11, 1999. Although Bob Boswell ("Boswell"), General Cable's Human Resources Manager, made the termination decision, the EEOC has introduced evidence that Boswell solicited and deferred to Rodriguez's wishes, despite
-2-

Case 3:00-cv-02122 Document 39 Filed 05/21/2002 Page 3 of 4
the contrary views of another supervisor who pointed out that a lot of workers slept on the job. On or about August 18, 1999 Asamoah complained to union steward Steve McCullum
("McCullum") that Rodriguez had discriminated against blacks and Africans. McCullum prepared grievance letters that inter alia accused Rodriguez of discriminating against Asamoah based on his race and national origin. McCullum placed the letters in Rodriguez's mail box on August 18 and Boswell received his copies the same day. On August 20, 1999 Boswell discussed the matter with Rodriguez. Rodriguez then began closely supervising Asamoah's work. On August 23, 1999 Rodriguez accused Asamoah of sleeping on the job and sent him home with instructions to return at 8:00 a.m. to meet with Boswell. According to Asamoah, when he returned for the meeting, Boswell, Rodriguez, and a union steward were present. Boswell explicitly asked Asamoah why he had filed a serious charge against Rodriguez, and Asamoah responded that Rodriguez had been discriminating against him. Asamoah denied that he had been asleep on the job, and Boswell sent him home. The next morning, August 24, 1999, Boswell advised Asamoah that he was being discharged for sleeping on the job. The week before, Asamoah had observed Rodriguez awaken a Hispanic worker and walk him around until he was alert. No disciplinary action was taken against that worker.
General Cable also maintains that the EEOC cannot obtain injunctive relief and punitive damages. Concerning injunctive relief, this is a matter within the court's discretion that it cannot decide based on the summary judgment record alone. And the same genuine issues of material fact that preclude summary judgment on the EEOC's discrimination and retaliation claims prevent summary judgment dismissing the EEOC's claim for punitive damages.
-3-

Case 3:00-cv-02122 Document 39 Filed 05/21/2002 Page 4 of 4
* * *
General Cable's February 1, 2002 motion for summary judgment is denied: SO ORDERED. May "2. , ,2002.
-The Civil Justice Expense and Delay Reduction Plan adopted by this court provides that
"[e]ach judge will continue to give priority to the monitoring and resolution of pending motions." Plan at § XI(2) (reprinted in Texas Rules of Court: Federal at 279 (West Pamp. Supp. 2002». To
eliminate undue delay and unnecessary expense to the parties to this and other civil actions pending on the court's docket, and because the court has determined that the motion is suitable for resolution in this manner, the court is deciding this motion by order rather than by a more detailed memorandum
OplnIOn.
-4-

 
 Case 3:00-cv-02122 Document 42 Filed 06/27/2002 Page 1 of 8

IN THE UNITED STATES DISTRICT CO T FOR THE NORTHERN DISTRICT OF TE S
DALLAS DIVISION

JUN 272002

EQUAL EMPLOYMENT OPPORTUNITY }

COMMISSION,

}

}

Plaintiff,

}

}

v.

}

}

}

BICCGENERAL CABLE INDUSTRIES, INC., }

GENERAL CABLE INDUSTRIES, INC., AND }

GENERAL CABLE CORPORATION,

}

}

Defendants.

}

------~------------------------ }

~ CLERK, U.S.DIS1RICTCOURT By ____~~______~
Deputy

CIVIL ACTION NO. 3:OOCV2122-D

/'!.-,:-~;~
<S::"t,"~~_. '--~~2o~~_
~~~;~

CONSENT DECREE

THIS CONSENT DECREE is made and entered into by and among the Plaintiff, Equal

Employment Opportunity Commission ("EEOC"), and Defendants, General Cable Industries,

Inc., formerly known as BICCGeneral Cable Industries, Inc. ("General") and General Cable

Corporation ("General Cable") in the United States District Court for the Northern District of

Texas with regard to the EEOC's Complaint in Civil Action No. 3:00-CV-2122-D. The

Complaint was based upon a charge of discrimination filed by George Asamoah ("Asamoah")

against Defendants and sought relief for George Asamoah and Tony Evans ("Evans").

The above referenced Complaint alleges that Defendants violated Title VII of the Civil

Rights Act of 1964, as amended, ("Title VII"), 42 U.S.C. § 2000e, et. seq. by discriminating

against Asamoah and Evans on account of their race, Black, and/or national origin, African, and

by discharging them in retaliation for opposing practices made unlawful under Title VII.

Case 3:00-cv-02122 Document 42 Filed 06/27/2002 Page 2 of 8 ," ,
\

Defendants deny all liability.

The EEOC and Defendants agree to compromise and settle the differences embodied in

the Complaint, and intend that the tenus and conditions of the compromise and settlement be set

forth in this Consent Decree ("Consent Decree").

NOW, THEREFORE, in consideration of the mutual promises and agreements set forth

herein, the sufficiency of which is hereby acknowledged, the parties agree as follows, the Court

finds appropriate, and therefore, it is ORDERED, ADJUDGED AND DECREED that:

1. This Consent Decree resolves all issues raised in EEOC Charge No. 310 99 2051.

This Decree further resolves all issues in the Complaint filed by the EEOC in this action. The

EEOC waives further claims andlor litigation on all issues raised in the above referenced charge

and Complaint. The EEOC does not waive processing or litigating charges or cases other than

the above captioned case and Charge No. 310 99 2051.

2.

The parties agree that this Consent Decree does not constitute an admission by

Defendants of any violation of Title VII or any other anti-discrimination laws.

3. General Cable Industries, Inc. agrees that it shall conduct all employment

practices in a manner consistent with Title VII. General Cable Industries, Inc. further agrees that

there shall be no retaliation against any employee because that person has opposed any practice

made unlawful under Title VII, or has filed a charge of discrimination, or has given testimony,

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

Title VII.

4. For each year that this Consent Decree is in effect, General Cable Industries, Inc.

agrees to post the Notice appended as Attachment "A" on the employee bulletin board(s) at all of

its facilities located within the State of Texas within ten (10) calendar days of the date of the file

Case 3:00-cv-02122 Document 42 Filed 06/27/2002 Page 3 of 8
stamp of this Consent Decree. General Cable Industries, Inc. will report by letter to the EEOC that it has complied with this requirement within ten (10) calendar days after posting the Notice and will provide photographs of the bulletin board(s) showing the posted Notice.
5. General Cable Industries, Inc. agrees to conduct training at all facilities located within the State of Texas for all supervisors, managers, human resource managers and all other employees with authority to hire or terminate, advising them of the requirements and prohibitions of Title VII. The training will inform the trainees of the complaint procedure for individuals who believe they have experienced discrimination in violation of Title VII. The training will also advise the trainees of the consequences of violating Title VII. The training will also include a specific discussion or instruction relating to the issue of retaliation. The training shall total at least two hours in duration and shall be conducted once annually during the pendency of this Consent Decree. No less than 30 days after the training is conducted, General Cable Industries, Inc. agrees to give written notice to the EEOC as to the date and location of the training, the name and job title of the person providing the training and the substance of the training.
6. General Cable Industries, Inc. agrees to implement a written complaint procedure policy whereby employees may lodge complaints of discrimination if such written complaint procedure does not already exist. General Cable Industries, Inc. will provide a copy of this policy to each current employee at all facilities within the State of Texas within 30 days of the date of the file stamp of this Consent Decree. Each newly hired employee shall be provided a copy of this policy at the time of hire. General Cable Industries, Inc. agrees to require its employees to sign a verification that they have read and received a copy of this policy. General Cable Industries, Inc. agrees to send an affidavit signed by a General Cables Industries, Inc. officer or manager to the EEOC verifying that the policy has been disseminated within forty-five (45) days

Case 3:00-cv-02122 Document 42 Filed 06/27/2002 Page 4 of 8
of the date of the file stamp of this Consent Decree. 7. General Cable Industries, Inc. agrees to remove from Asamoah's and Evans'
personnel files all documents, entries and references relating to: the facts and circumstances which led to the filing of the charge of discrimination; the charge; and any complaint filed by the EEOC in federal court based upon the charge.
8. General Cable Industries, Inc. agrees that, if it is asked to provide ajob reference for Asamoah or Evans, it will provide them with a neutral reference, stating only the dates of their employment, positions held, and wage rate.
9. Defendants agree to pay the amount of$26, 207.00 to Asamoah for back pay, subject to applicable withholding taxes, as well as an additional amount of$13,793.00 for damages under 42 U.S.C. § 1981a only, subject to IRS Form 1099, on or before 10 days after the entry of this Consent Decree.
10. Defendants agree to pay the amount of $18,200.00 to Evans for back pay, subject to applicable withholding taxes, as well as an additional amount of $16,800.00 for damages under 42 U.S.C. § 1981a only, subject to IRS Form 1099, on or before 10 days after the entry of this Consent Decree.
11. The payments referenced in paragraphs 9 and 10 above shall be made by checks made payable to each designated recipient. Said payments represent the total monetary payments to be made by Defendants to Asamoah and Evans in settlement of this action.
12. All payments required pursuant to paragraph 11 above shall be mailed by certified mail, return receipt requested, to Sidney B. Chesnin, attorney for the EEOC.

Case 3:00-cv-02122 Document 42 Filed 06/27/2002 Page 5 of 8
13. General Cable Industries, Inc. agrees to report to the EEOC within 14 days of entry of this Consent Decree regarding its compliance with the agreements set forth in paragraph 7 above.
14. All reports to the EEOC required by this Decree shall be sent to Sidney B. Chesnin, Sr. Trial Attorney, EEOC, 207 S. Houston, 3rd Floor, Dallas, Texas 75202.
15. Each party shall bear its own costs and attorney's fees incurred in connection with this action.
16. If Defendants fail to tender payment or otherwise fail to timely comply with the terms of paragraphs 9,10, and 11, above, Defendants shall:
a. Pay interest at the rate calculated pursuant to 26 U.S.C. Section 6621(b) on any untimely or unpaid amounts; and
b. Bear any additional costs incurred by the EEOC caused by the noncompliance or delay of Defendants.
17. Neither the EEOC nor Defendants shall contest the validity of this Consent Decree nor the jurisdiction of the federal district court to enforce this Consent Decree and its terms or the right of any party to the Consent Decree to bring an enforcement action upon breach of any term of this Consent Decree by any such party. Nothing in this Decree shall be construed to preclude the EEOC from enforcing this Decree in the event that General Cable Industries, Inc. fails to perform the promises and representations contained herein. The EEOC may seek a Court determination as to whether General Cable Industries, Inc. has complied with the terms of this Consent Decree and shall be authorized to seek compliance with the Consent Decree through civil action in the United States District Court. The EEOC also reserves the right to seek contempt sanctions against General Cable Industries, Inc. for non-payment and non-compliance with this Court Order.

Case 3:00-cv-02122 Document 42 Filed 06/27/2002 Page 6 of 8

18. This Decree shall be in effect until January 1,2005.

SO ORDERED, ADJUDGED AND DECREED this

1M
2',0 day of

:r",,,o(.,

2002.

AGREED AS TO FORM AND SUBSTANCE:
FOR THE PLAINTIFF EEOC:
~~W.~
TOBY W. COSTAS Texas Bar No. 04855720
Y . CHESNIN, Sr. Trial Attorney Texas Bar No. 04186600 EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Dallas District Office 207 S. Houston Street, 3rd Floor Dallas, TX 75202-4726 (214) 655-3330 (214) 655-3331 FAX

Case 3:00-cv-02122 Document 42 Filed 06/27/2002 Page 7 of 8
DONALD GAMBURG, PA. BarNo. 7 BLANK, ROME, COMISKEY & MCCAULEY One Logan Square Philadelphia, Pennsylvania 19103 (215) 569-5330 (215) 832-5330 FAX
~LJf
ROBERT J. WOOD, TX Bar No. 00788712 HUGHES & LUCE 1717 Main Street, Suite 2800 Dallas, Texas 75202 (214) 939-5500 (214) 939-6100 FAX

· ,

Case 3:00-cv-02122 Document 42 Filed 06/27/2002 Page 8 of 8

ATTACHMENT "A"

NOTICE TO ALL EMPLOYEES POSTED PURSUANT TO AGREEMENT WITH THE U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

This notice is being posted as part of an Agreement between the U.S. Equal Employment Opportunity Commission ("EEOC") and General Cable Industries, Inc.

Federal law requires that there be no discrimination against any employee or applicant for employment because of the employee's race, color, religion, sex, national origin, age or disability with respect to hiring, firing, promotions, pay raises or other terms, conditions or privileges of employment. Upon an employee's complaint of such treatment, employers are also required to investigate and to promptly take appropriate remedial and corrective action as required under the circumstances. The law also prohibits an employer from retaliating against employees who oppose what they believe to be unlawful employment practices. This Notice is intended to inform employees of their rights under federal law and to prevent future acts of discrimination.

The employee has the right, and is encouraged to exercise the right, to report allegations of

discrimination, including but not limited to discrimination based on race or national origin, in the

workplace. An employee may do so by notifying the

, or his

designated representative

at_ _ _ _ _ _ _ _ _ _ __

Employees who do not wish to report to

_____ or his designated representative may instead report to any supervisor or manager

with General Cable Industries, Inc.. Supervisors and managers who are informed of an

employee's complaint must immediately notify

or his designated

representative.

Any report of such an allegation will be thoroughly investigated, and, if substantiated, appropriate disciplinary action will be taken against any person(s) found to have engaged in discriminatory conduct.

A person either alternatively, or in addition to reporting such an allegation to company officials, may contact the Equal Employment Opportunity Commission for the purposes of filing a charge of employment discrimination. The Dallas District Office of the Equal Employment Opportunity Commission is located at 207 S. Houston, 3rd Floor, Dallas, Texas 75202. Information about your rights and how to file a charge is also available on the Internet at www.eeoc.gov.

DATE THIS NOTICE SHALL REMAIN POSTED UNTIL JANUARY 1,2005.

 
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CLOSED, JURY, SANDERSON
U.S. District Court Northern District of Texas (Dallas) CIVIL DOCKET FOR CASE #: 3:00-cv-02122

Equal Employment Opp v. Biccgeneral Cable, et al Assigned to: Judge Sidney A Fitzwater Demand: $0 Cause: 42:2000 Job Discrimination (Race)

Date Filed: 09/28/2000 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

Plaintiff
Equal Employment Opportunity Commission

represented by Sidney B Chesnin Carse Law Firm 6210 Campbell Rd Suite 220 Dallas, TX 75248 972/503-6338 Email: sidney@carselaw.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

V. Defendant Biccgeneral Cable Industries Inc

represented by Mark Blondman Blank Rome LLP 600 New Hampshire Ave NW Washington, DC 20037 202/772-5850 Email: blondman@blankrome.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Robert J Wood Hughes & Luce - Dallas 1717 Main St Suite 2800 Dallas, TX 75201 214/939-5500 Fax: 214/939-6100 FAX Email: rwood@hughesluce.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Allen Butler Hunton & Williams - Dallas 1601 Bryan St

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Defendant General Cable Industries Inc
Defendant General Cable Corporation

30th Floor Dallas, TX 75201-3402 214/979-3004 Fax: 214/880-0011 FAX Email: abutler@hunton.com TERMINATED: 03/13/2002
Donald D Gamburg Blank Rome Comisky & McCauley One Logan Square Philadelphia, PA 19103 215/569-5500 Fax: 215/569-5699 FAX ATTORNEY TO BE NOTICED
represented by Mark Blondman (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Robert J Wood (See above for address)
represented by Mark Blondman (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Robert J Wood (See above for address)

Date Filed 09/28/2000 09/28/2000 09/28/2000 09/28/2000 09/29/2000

#

Docket Text

1 COMPLAINT filed; Filing Fee - Gov't Agency no-fee (5) (lch) (Entered: 09/29/2000)

1 DEMAND for jury trial by plaintiff Equal Employment Opp (lch) (Entered: 09/29/2000)

2 SUMMONS(ES) issued for defendant Biccgeneral Cable (iss-1) (lch) (Entered: 09/29/2000)

PRELIMINARY ASSIGNMENT TO Magistrate Judge Wm F Sanderson Jr (lch) (Entered: 09/29/2000)

3 ORDER that no later than 20 days after this order is filed, plaintiff shall file a certificate of interested parties ( signed by Judge Fitzwater) Copies to counsel: 10/2/00 Page(s) 1 (lch) Modified on 10/02/2000 (Entered: 10/02/2000)

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10/03/2000 10/30/2000 11/08/2000 11/08/2000 12/01/2000
12/01/2000 12/01/2000 12/06/2000
12/06/2000 12/15/2000 12/18/2000 04/30/2001 05/03/2001

4 CERTIFICATE OF INTERESTED PERSONS by plaintiff Equal Employment Opp (2) (lch) (Entered: 10/04/2000)
5 RETURN OF SERVICE executed to registered agent as to defendant Biccgeneral Cable 10/20/00 Answer due on 11/9/00 for Biccgeneral Cable (lch) (Entered: 10/31/2000)
6 ANSWER to Complaint by defendant Biccgeneral Cable (Attorney George Allen Butler, Robert J Wood Jr), (5) (lch) (Entered: 11/09/2000)
7 ORDER REQUIRING PROPOSAL for Contents of Scheduling Order. Proposed scheduling order due 12/8/00 ( signed by Judge Fitzwater) Copies to counsel: 11/9/00 Page(s): 3 (lch) (Entered: 11/09/2000)
8 MOTION AND ORDER for Donald D Gamburg to appear pro hac vice for Biccgeneral Cable Industries, Inc ( signed by Judge Fitzwater) Copies to counsel: 12/4/00 Page(s) 5 (lch) Modified on 12/04/2000 (Entered: 12/04/2000)
9 MOTION AND ORDER for Mark Blondman to appear pro hac vice for Biccgeneral Cable Industries, Inc ( signed by Judge Fitzwater) Copies to counsel: 12/4/00 Page(s) 5 (lch) (Entered: 12/04/2000)
10 JOINT PROPOSAL FOR CONTENTS of scheduling and discovery order by plaintiff Equal Employment Opp, defendant Biccgeneral Cable (4) (lch) (Entered: 12/04/2000)
11 SCHEDULING ORDER setting Joining of Parties on 5/1/01 ; Amending of Pleadings on 1/1/02 ; Discovery cutoff 1/1/02 ; Deadline for filing of dispositive motions 2/1/02 ; ( signed by Judge Fitzwater)...see order for further deadlines Copies to counsel: 12/7/00 Page(s): 3 (lch) (Entered: 12/07/2000)
11 STATUS REPORT ORDER. Status report due on 1/1/02 ( signed by Judge Fitzwater) Copies to counsel: 12/7/00 Page(s): 3 (lch) (Entered: 12/07/2000)
12 MOTION by defendant Biccgeneral Cable to substitute Mark Blondman as lead attorney for Allen Butler (3) (lch) (Entered: 12/18/2000)
13 ORDER granting [12-1] motion to substitute Mark Blondman as lead attorney for Allen Butler ( signed by Judge Fitzwater) Copies to counsel: 12/19/00 Page(s) 1 (lch) Modified on 12/19/2000 (Entered: 12/19/2000)
14 Unopposed MOTION with memorandum in support by plaintiff Equal Employment Opp for leave to amend its complaint & add an additional party (15+/exhibits not imaged) (djd) (Entered: 05/01/2001)
15 ORDER granting [14-1] motion for leave to amend its complaint & add an additional party. The clerk shall file and docket the amended complaint and issue summons if requested directed to General Cable Corporation. ( Signed by Judge Sidney A. Fitzwater ) Copies to counsel: 5/4/01 Page(s) 1 (djd) (Entered: 05/04/2001)

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05/03/2001 05/03/2001 05/14/2001 07/03/2001
08/17/2001
12/26/2001 02/01/2002 02/01/2002 02/01/2002 02/21/2002 02/21/2002 02/21/2002 03/07/2002 03/07/2002

16 AMENDED COMPLAINT by plaintiff Equal Employment Opp , amending [1-1] complaint as to General Cable Industries, Inc. and General Cable Corporation (6) (djd) (Entered: 05/04/2001)
16 DEMAND for jury trial by plaintiff Equal Employment Opp (djd) (Entered: 05/04/2001)
17 ANSWER by defendant Biccgeneral Cable, defendant General Cable, defendant General Cable Corp to amended complaint & affirmative defenses (6) (djd) (Entered: 05/15/2001)
18 Notification of Withdrawal of Local Counsel (Allen Butler) and NOTICE of ADDRESS CHANGE by defendant Biccgeneral Cable, defendant General Cable, defendant General Cable Corp New address is: Robert Wood, Hughes Luce, L.L.P., 1717 Main Street, Suite 2800, Dallas, Texas 75201 (214) 939-5500 (3 pages) (djd) (Entered: 07/05/2001)
19 Trial Setting ORDER set scheduling order deadlines: Docket call set for 6/17/02 ; Jury trial set for 6/17/02 ; ( Signed by Judge Sidney A. Fitzwater ) Copies to counsel: 8/20/01 Page(s) 5 (jrb) (Entered: 08/20/2001)
20 Joint STATUS REPORT by defendant General Cable Corp, defendant General Cable, defendant Biccgeneral Cable, plaintiff Equal Employment Opp (2) (djd) (Entered: 12/27/2001)
21 MOTION by defendant Biccgeneral Cable for summary judgment (5) (djd) (Entered: 02/01/2002)
22 MEMORANDUM by defendant Biccgeneral Cable in support of [21-1] motion for summary judgment (15+) (djd) (Entered: 02/01/2002)
23 APPENDIX by defendant Biccgeneral Cable in support of [21-1] motion for summary judgment (15+/USC) (not imaged) (djd) (Entered: 02/01/2002)
24 RESPONSE by plaintiff Equal Employment Opp in opposition to defendants' [21-1] motion for summary judgment (3) (aat) (Entered: 02/22/2002)
25 MEMORANDUM by plaintiff Equal Employment Opp in opposition to defendants' [21-1] motion for summary judgment (15+) (aat) (Entered: 02/22/2002)
26 APPENDIX by plaintiff Equal Employment Opp in support of [25-1] brief in opposition to defendants' motion for summary judgment (15+) (USC) (Not imaged) (aat) (Entered: 02/22/2002)
27 REPLY by defendant General Cable Corp, defendant General Cable, defendant Biccgeneral Cable to response to [21-1] motion for summary judgment (15+) (djd) (Entered: 03/07/2002)
28 ***UNFILED PER 3/7/02 ORDER***SUPPLEMENTAL APPENDIX by defendant General Cable Corp, defendant General Cable, defendant

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03/07/2002
03/11/2002 03/11/2002 03/11/2002 05/14/2002 05/15/2002 05/15/2002 05/17/2002 05/17/2002 05/17/2002 05/21/2002 05/31/2002

Biccgeneral Cable in support of [21-1] motion for summary judgment (11/not imaged) (djd) Modified on 03/08/2002 (Entered: 03/07/2002)
29 ORDER unfiling [28-1] support appendix by defendant General Cable Corp, defendant General Cable, defendant Biccgeneral Cable due to the following deficiency: Filed without leave of court. Copies to counsel: 3/8/02 (signed by Judge Sidney A Fitzwater ) Page(s) 1 (djd) (Entered: 03/08/2002)
30 UNOPPOSED MOTION by defendant General Cable Corp, defendant General Cable, defendant Biccgeneral Cable for leave to file supplemental appendix to defendants' motion for summary judgment (20/exhibits not imaged) (djd) (Entered: 03/12/2002)
31 ORDER granting [30-1] motion for leave to file supplemental appendix to defendants' motion for summary judgment ( Signed by Judge Sidney A. Fitzwater ) Copies to counsel: 3/12/02 Page(s) 1 (djd) (Entered: 03/12/2002)
32 SUPPLEMENTAL APPENDIX by defendant General Cable Corp, defendant General Cable, defendant Biccgeneral Cable in support of [211] motion for summary judgment (8/not imaged)(djd) Modified on 03/14/2002 (Entered: 03/12/2002)
33 UNOPPOSED MOTION by defendant General Cable Corp, defendant General Cable, defendant Biccgeneral Cable for leave to respond to plaintiff's letter to the Court dated 5/9/02 (7/exhibit not imaged) (djd) (Entered: 05/15/2002)
34 ORDER granting [33-1] motion for leave to respond to plaintiff's letter to the Court dated 5/9/02 and directs the clerk of court to file the memorandum of law today. ( Signed by Judge Sidney A. Fitzwater ) Copies to counsel: 5/16/02 Page(s) 2 (djd) (Entered: 05/16/2002)
35 MEMORANDUM by defendant Biccgeneral Cable, defendant General Cable, defendant General Cable Corp in response to plaintiff's letter to the Court dated 5/9/02 (4) (djd) (Entered: 05/16/2002)
36 FRCP 26(A)(3) Disclosures by defendants' (5) (cxj) (Entered: 05/20/2002)
37 Exhibit list by plaintiff Equal Employment Opp (5) (cxj) (Entered: 05/20/2002)
38 Witness list by plaintiff Equal Employment Opp (5) (cxj) (Entered: 05/20/2002)
39 ORDER denying General Cable's [21-1] motion for summary judgment. ( Signed by Judge Sidney A. Fitzwater ) Copies to counsel: 5/22/02 Page (s) 4 (aat) (Entered: 05/22/2002)
40 ORDER DIRECTING ADMINISTRATIVE CLOSURE. The parties have advised the court that the parties have settled this case.` ( signed by Judge Sidney A. Fitzwater) Copies to counsel: 6/3/02 Page(s): 1 (djd)

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06/26/2002 06/27/2002

(Entered: 06/03/2002)
41 JOINT MOTION to enter consent decree by defendant General Cable Corp, defendant General Cable, defendant Biccgeneral Cable, plaintiff Equal Employment Opp (2) (djd) (Entered: 06/27/2002)
42 CONSENT DECREE/ORDER (Motion termed: [41-1] joint motion to enter consent decree ) Defendants agree to pay the amount of $26,207 to Asamoah for back pay...as well as an add'l amount of $13,793 for damages...Defendants agree to pay the amount of $18,200 to Evans for back pay...as well as an add'l amount of $16,800 for damages...Each party shall bear its own costs and attorney's fees incurred in connection with this action...This Decree shall be in effect until 1/1/2005. ( Signed by Judge Sidney A. Fitzwater ) Copies counsel: 6/28/02 Page(s) 8 (djd) (Entered: 06/28/2002)

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 FY 2002 Office of General Counsel Annual Report

http://www.eeoc.gov/litigation/02annrpt.html

In a case involving discrimination against West Africans, the Commission alleged that a wire and cable manufacturer disciplined them more harshly and subjected them to adverse terms and conditions of employment because of their race and national origin. The Commission also alleged that two West African machine operators were fired because of their race and national origin and in retaliation for complaining about racist treatment by their shift supervisor. The two machine operators received $75,000 in monetary relief. See EEOC v. BICC General Cable Industries, Inc., et al.

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