Case 3:05-cv-01911

Document 1

U.S. DISTRICT CUURT
Filed 09/27/2005 NOPRaTgHeE1RNofD6ISTRICT OF TEXAS
FILED

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

EQUAL EMPLOYMENT OPPORTUNITY }

COMMISSION,

}

}

Plaintiff,

}

v.

ORIGINAL

} }

}

F & N HOLDING S, L.L.C.

}

d/b/a CLUB UROPA

}

}

}

Defendant.

}

CIVIL ACTION NO.
8-05CV1911~,L
COMPLAINT
JURY TRIAL DEMANDED

NATURE OF THE ACTION

This is an a:.:tion 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

provide appropria1e relief to Amy Napier and other similarly situated individuals, who were

subjected to a sexually hostile work environment, sex-based discrimination, and/or constructive

discharge.

JURISDICTION AND VENUE

1. Juri ;diction ofthis Court is invoked pursuantto 28 U.S.C. §§ 451, 1331, 1337, 1343,

and 1345. This act on is authorized and instituted pursuant to Section 706(f)(1) and (3) of the Civil

Rights Act of 1964, as amended, ("Title VII"), 42 U.S.C § 2000e-5(f)(1) and (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 and are now being committed

within the jurisdict lon of the United States District Court for the Northern District of Texas.

PARTIES

Case 3:05-cv-01911 Document 1 Filed 09/27/2005 Page 2 of 6
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 of the 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, F & N Holdings, L.L.c. d/b/a Club Uropa, a Texas limited liability company, (hereinafter "Club Uropa") 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 Club Uropa 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. MOle than thirty days prior to the institution of this lawsuit, Amy Napier filed a charge with the Commission alleging violations of Title VII of the Civil Rights Act of 1964, as amended, by the Defendant Club Uropa. All conditions precedent to the institution of this lawsuit have been fulfilled 7. Dunng the employment of Amy Napier and the similarly situated individuals, the Defendant has engaged in unlawful employment practices in violation of Section 703(a)(1 ) of Title VII, 42 U.S.C. § 2000e-2(a)(1) and Section 704(a) ofTitle VII, 42 U.S.C. § 2000e-3(a) by subjecting Amy Napier and the similarly situated individuals to a sexually hostile work environment, discriminating against them because of their sex, and/or constructively discharging them. Specifically, Club Uropa subjected Amy Napier and the similarly situated individuals to a sexually hostile work environment in they were frequently subjected to sexually explicit remarks, unwelcome
Page -2-

Case 3:05-cv-01911 Document 1 Filed 09/27/2005 Page 3 of 6
conduct and a work atmosphere permeated with lewd and sexually offensive behavior. This conduct also resulted in the constructive discharge of Amy Napier and one or more of the similarly situated individuals.
8. The result of the foregoing practices has been to deprive Amy Napier and the similarly situated individuals of equal employment opportunities because of their 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 Amy Napier and the similarly situated individuals.
PRAYER FOR RELIEF Wherefore, the Commission respectfully requests that this Court: A. Grant a permanent injunction enjoining the Defendant Club Uropa, its officers, successors, agents, assigns, and all persons in active concert or participation with it, from engaging in any employment practice which discriminates on the basis of sex, or which facilitates, condones or encourages sexual harassment. B. Order the Defendant to institute and carry out policies, practices, and programs which provide equal employment opportunities and a non-hostile work environment for females, and which eradicate the effect~ of its past and present unlawful employment practices. C. Order the Defendant to make whole Amy Napier and the similarly situated individuals by providing appropriate back pay with prejudgment interest in amounts to be determined at trial, front pay, and other affirmative relief necessary to eradicate the effects of its unlawful
Page -3-

Case 3:05-cv-01911 Document 1 Filed 09/27/2005 Page 4 of 6
employment practices. D. Order the Defendant to make Amy Napier and the similarly situated individuals
whole by providing compensation for past and future pecuniary losses resulting from the unlawful employment practices described in paragraph 7 above, including but not limited to out of pocket medical expenses &l1djob hunting expenses.
E. Order the Defendant to make Amy Napier and the other similarly situated individuals whole by providing compensation for past and future nonpecuniary losses resulting from the unlawful employment practices described in paragraph 7 above, including but not limited to, pain and suffering, humiliation, embarrassment, emotional distress, anxiety, and loss ofenjoyment oflife, in amounts to be determined at trial.
F. Order the Defendant to pay Amy Napier and other similarly situated individuals punitive or exemI= lary damages for its intentional, malicious conduct or reckless indifference described and referenced in paragraph 7 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 a jury trial on all questions of fact raised by its Complaint.
Respectfully submitted,
GWENDOLYN y. REAMS Deputy General Counsel
Page -4-

Case 3:05-cv-01911 Document 1 Filed 09/27/2005 Page 5 of 6
SUZANNE M. ANDERSON Supervisory Trial Attorney Texas Bar No. 14009470
~~~ WILLIAM C. BA AUS Sr. Trial Attorney Texas Bar No. 01493850
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Dallas District Office 207 South Houston, 3rd Floor Dallas, Texas 75202 (214) 253-2742 (214) 253-2749 FAX
Page -5-

Case 3:05-cv-01911 Document 1 Filed 09/27/2005 Page 6 of 6

~JS 44 (Rev 11104)

CIVIL COVER SHEET

The JS 44 cIvil cover sheet and the mformauon contained herein neither replace nor su~plement the filing and service of plead mas or other parers as required by law, except as

i C\,', , provided by local rules of court This fom, approved by
of initiating the cIvIl docket sheet (SEE WSTRUCTIONS

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PLAINTIFFS

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County of Residence of First Listed Plaintiff

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CLERK, U S. 91STRIGT ( i 91:t~¥nty of eSldence 0 f"First Llsted Defendant

NORTHERN

EXAS I

(IN U S PLAINTIFF CASES ONLY)

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NOTE IN LAND CONDEMNAnON CASES, USE THE LOCATION OF THE

LAND INVOLVED

(c) Attorney's (Fmn Name, Address, and Telephone Number) WILLIAM C. BACKHAUS, SENIOR TRIAL ATTORNEY, EEOC, 207 S. HOUSTON ST., 3rd FL., DALLAS, TX 75202 (214) 2532742

8 - 05 Cv -L Attorneys (IfKnown)

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II. BASIS OF JURISDICTION (Place an "X" m One Box Only)

III. CITIZENSHIP OF PRINCIPAL P ARTIES(Place an "X" m One Box for Plainllff

(For DIversity Cases Only)

and One Box for Defendant)

U S Government

11

Plamllff

03 F , leral Question ;U S. Government Not a Party)

Cll1zen of ThIs State

PTF DEF 01 01 Incorporated or Pnncipal Place

PTF DEF
o 4 04

of BuslOess In This State

02 U S. Government Defendant

04 DIversIty ~Indlcate CItIzenshIp of PartIes m Item III)

CItIzen of Another State

o 0 2

2 Incorporated and Pnnclpal Place

of Busmess In Another State

o 5 05

Cltlzen or Subject ofa ForeIgn Counlly

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3 Foreign Nation

o 6 06

IV NATURE OF SUIT (Place an "X' III One Box Only)

CONTRACT
o 110 Insurance

TORTS

FORFEITUREIPENALTY

PERSO'lAL INJURY

PERSONAL INJURY 0 6 IO Agnculture

0120 Manne

0

o0130 Miller Act 140 Negollable Instrument

0

o 150 Recovery of Overpayment 0

& Enforcement of Judgment

o0151 MedIcare Act 152 Recovery of Defaulted

0

Student Loans

0

o (Exci Veterans)

0

153 Recovery of Overpayment

of Veteran's Benefits
o 160 Stockholders' SUltS o 190 Other Contract o 195 Contract Product Llablhty o 196 FranchIse

0 0
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310 Alll'lane 315 AIrplane Product
LlaJllity
320 A, sault, LIbel & Sia Ider
330 F"joral Employers'
L"I"lity 340 M I me 345 M II me Product
LIE Jlhty 350 M,,'or VehIcle 355 Mu'or VehIcle
Product Llabihty 360 Other Personal
InJulY

0 362 Personal Injury. 0 620 Other Food & Drug

Med Malpracllce 0 625 Drug Related SeIzure

0 365 Personal Injury •

of Property 21 USC 881

Product Liablh ty

0 630 LIquor Laws

0 368 Asbestos Personal 0 640 R.R & Truck

Injury Product

0 650 Atrhne Regs

Liablhty

0 660 OccupatIOnal

PERSONAL PROPERTY

SafetylHealth

0 370 Other Fraud

0 690 Other

0 371 Truth in Lendmg 0 380 Other Personal
Property Damage

LABOR
U 710 Fatr ~abor Standards
Act

0 385 Property Damage 0 720 Labor/Mgmt RelatIOns

Product Liability

0 730 LaborlMgmt Reportmg

& DIsclosure Act

REAL PROPERTY

CIVIL RIGHTS

PRISONER PETITIONS 0 740 Ratlway Labor Act

Q 210 Land CondemnatlOn
o 220 Foreclosure o 230 Rent Lease & Ejectment o 240 Torts to Land o 245 Tort Product Llablhty o 290 All Other Real Property

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IU 510 MotIOns to Vacate
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Accommodations

0 530 General

0 444 Welfare

0 535 Death Penalty

0 445 Amer. w/Dlsabllttles - 0 540 Mandamus & Other

0 0

790 Other Labor Lillgauon 791 Empl Ret Inc
Secunty Act

Employment

0 550 ClVIl Rights

0 446 Amer wiDlsablhl1es- 0 555 Pnson Condltlon

Ott.er

0 440 Other Civtl Rights

BANKRUPTCY
o 422 Appeal 28 USC 158
0423 WIthdrawal 28 USC 157
PROPERTY RIGHTS
II..! 820 Copynghts
o0830 Patent 840 Trademark
SOCIAL SECURITY
oII..! 861 HIA (1395fl) 862 Black Lung (923)
o0863 DIWC/DIWW (405(g))
864 ssm Tnle XVI
0865 RSI (405(g)) FEDERAL TAX SUITS
p 870 Taxes (U S. Platnl1ff
or Defendant) 0871 IRS-Third Party
26 USC 7609

OTHER STATUTES

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0 400 State ReapportIOnment 0 4 IO Anl1trust 0 430 Banks and Bankmg 0 450 Commerce
0 460 DeportatIOn 0 470 Racketeer Influenced and
Corrupt OrganizatIons
0 480 Consumer Credn 0 490 Cable/Sat TV 0 810 Selective ServIce
0 850 Secuntles/CommodJlJesi Exchange
0 875 Customer Challenge 12 USC 3410
0 890 Other Statutory Actlons 0 891 Agncultural Acts

0 892 Economic Stabllizal10n Act 0 893 Envtronmental Matters 0 894 Energy AllocatIon Act 0 895 Freedom of InfonnatlOn
Act
0 900 Appeal of Fee DetennmatlOn Under Equal Access

to Justice
0 950 Consutullonahty of State Statutes

o (Place an "X" m a". Box Only}

2 Removed from

0 3 Remanded from

Transferred from
0 4 Reinstated or 0 5 another dlstnct 0 6 MulUdistnct

State Court

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Cite the 0 S CiVil Statute under whIch you are filing (Do not cite jurisdictional statutes unless diversity)

A eal to Dlstnct
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VI. CAUSE OF ACTION Brtef,descrtptlon of cause Defen. subj A. Napier & others similarly situated individuals to sexually hostile work environment.

VII. REQUESTED IN COMPLAINT:

D CHECK IF THIS IS A CLASS ACTION UNDER F R C P 23

VIII. RELATED CASE(S) IF ANY

(See mstructions)

JUDGE

DEMAND $

DATE

SIGNATURE OF ATTORNEY OF RECORD

CHECK YES only If demanded in complaint.

JURY DEMAND:

•'JlI.Yes

DNo

DOCKET NUMBER

FOR OFFICE USE ONLY RECEIPT #

AMOUNT

APPLYING IFP

JUDGE

MAG. JUDGE

 
 Case 3:05-cv-01911 Document 18 Filed 05/04/2006 Page 1 of 9

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U.S. DISTRICT COURT NORTHERN DISTRICT OF TEXAS
FILED

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

MAY - 4 2006

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff,
v.
F & N HOLDINGS, L.L.C. d/b/a CLUB UROPA,
Defendant.

CLERK, U.S. DISTRICT COURT

§ §

-------~-D-ep-ut-y --------

§

§

§

§ Civil Action No. 3:05-CV-1911-BD (L)

§

§

§

§

§

-------------------------------§

CONSENT DECREE

The parties to this Consent Decree are the Plaintiff, United States Equal Employment

Opportunity Commission ("EEOC"), and Defendant, F&N Holdings, LLC d/b/a Club Uropa

("Club Uropa"). This Consent Decree resolves the allegations raised by the EEOC in the above-

referenced Civil Action No. 3:05-CV-1911-BD (L). The EEOC initiated this lawsuit under Title

VII of the Civil Rights Act of 1964, as amended and Title I of the Civil Rights Act of 1991, to

correct alleged unlawful employment practices on the basis of sex, female, and retaliation, and to

provide appropriate relief to Amy Napier and other similarly situated individuals who were

allegedly adversely affected by such practices. The EEOC alleged that Club Uropa sexually

harassed Amy Napier and other similarly situated individuals by subjecting them to, among other

things, repeated unwelcome sexual advances, and by retaliating against Amy Napier and other

similarly situated individuals for complaining of this sexual harassment. In addition, the EEOC

alleged that Amy Napier and other similarly situated individuals were forced to quit their

employment because the conditions of employment became intolerable due to the sexual

harassment and retaliation.

Case 3:05-cv-01911 Document 18 Filed 05/04/2006 Page 2 of 9
By entering into this Consent Decree, Club Uropa expressly denies the validity of any claim andlor cause of action asserted in the Complaint. Club Uropa further asserts that by entering into this Consent Decree it makes no admission of liability or wrongdoing and makes no admission that its alleged conduct was improper, discriminatory or illegal in any respect.
IT IS ORDERED, ADJUDGED AND DECREED as follows: 1. This Court has jurisdiction of the subject matter of this action and the parties, venue is proper, and all administrative prerequisites to the EEOC's filing ofthis action have been met. The parties stipulate to the Court's jurisdiction. 2. This Consent Decree resolves all issues raised in the EEOC's Complaint. The EEOC waives further litigation of all issues raised in the above-referenced complaint. The EEOC expressly reserves its right, however, to process and litigate any other charges which may now be pending or may in the future be filed against Club Uropa. 3. The duration of this Consent Decree shall be three (3) years from the date of its filing with the Court. This Court shall retain jurisdiction of this action during the period of this Decree and may enter such other and further relief as it deems appropriate to ensure implementation and enforcement of its provisions. Any violation of the Consent Decree by Club Uropa, its agents or assigns shall toll the running of this three-year period as of the date of the violation as determined by the Court. If the Court subsequently determines this Consent Decree was violated, the three-year period shall recommence and continue from the date of entry of an Order setting out such a violation or until such time as ordered by the Court. Should the Court find the Consent Decree was not violated, the three-year period shall recommence, retroactive to the date the alleged violation occurred. 4. Club Uropa is hereby enjoined from retaliating in any manner whatsoever against

Consent Decree

2

Case 3:05-cv-01911 Document 18 Filed 05/04/2006 Page 3 of 9

any employee for opposing any employment practice made unlawful by Title VII, or for

complaining of harassment or other unlawful discrimination, filing a discrimination charge,

giving testimony or assistance, or participating in any lawful manner in any investigation,

proceeding, hearing or action under Title VII.

5.

Club Uropa Management is hereby enjoined from:

(a) Discriminating against any employees on the basis of sex, female, in violation of Title VII;

(b) Engaging in or being a party to any action, policy or practice that has the effect of harassing or intimidating any employee on the basis of sex; and

(c) Creating, facilitating or permitting the existence of a work environment that is hostile to any employees through acts such as physicaVverbal abuse and derogatory comments, on the basis of sex.

6. Within one hundred and twenty (120) days from the entry of this Decree, Club

Uropa will adopt an anti-sexual harassment policy and ensure that it meets the following criteria:

(a) Club Uropa: (i) prohibits discrimination against employees on the basis of sex, female, in violation of Title VII; (ii) prohibits any act, policy or practice that has the effect of harassing or intimidating any employee on the basis of sex, female, in violation of Title VII; and, (iii) prohibits any act, policy or practice that has the effect of creating, facilitating or permitting the existence of a work environment that is hostile to employees through acts such as physicaVverbal abuse and derogatory comments based on sex, female, in violation of Title VII;

(b) Defines and provides examples of sexual harassment;

(c) Provides for prompt investigation of sexual harassment complaints and for prompt action, which is appropriate and effective, to remedy the discrimination;

(d) Promptly communicates in wntmg to the complaining party upon the conclusion of its investigation the results of the investigation and the remedial actions taken or proposed, if any;

(e) Provides for substantial and progressive discipline for violating Club Uropa's anti-sexual harassment policy up to and including discharge;

Consent Decree

3

Case 3:05-cv-01911 Document 18 Filed 05/04/2006 Page 4 of 9
(f) Requires that all employees report incidents of sexual harassment to any supervisor or the person charged with investigating discrimination complaints; and
(g) Provides that Club Uropa's sexual harassment policy and complaint procedures be drafted in plain and simple language.
7. Club Uropa shall include and maintain this complaint procedure in its Employee
Manual, and its complaint procedure shall provide the following:
(a) Simple, convenient, confidential and reliable mechanisms for reporting incidents of sexual harassment;
(b) Prompt investigation of complaints of sexual harassment;
(c) Written findings of the results of any investigation of a discrimination complaint and the remedial actions proposed, if any;
(d) An effective means of communicating to the complaining party promptly in writing, the results of the investigation and the remedial actions taken or proposed, or not taken;
(e) Appropriate remedial action taken to resolve the complaint to deter future incidents of sexual harassment; and
(f) Assurances that complainants shall not be subjected to intimidation, retaliation or harassment.
8. Club Uropa shall promote management accountability by providing the following:
(a) Annual sexual harassment training to all Club Uropa managers as stipulated below in paragraphs 10 - 12. The training shall (i) explain that sexual harassment is unlawful; (ii) instruct what conduct may constitute sexual harassment; (iii) explain the damaging effects of sexual harassment on its victims, their families, their co-workers, and the workplace environment; and (iv) ensure that Club Uropa Management knows how to enforce its sexual harassment policy;
(b) Substantial discipline, up to and including discharge, of any individual in Club Uropa who violates its sexual harassment policy;
(c) Imposing on all Club Uropa Management a duty to actively monitor their work areas to ensure compliance with Club Uropa's policy on sexual harassment; and

Consent Decree

4

Case 3:05-cv-01911 Document 18 Filed 05/04/2006 Page 5 of 9
(d) Requiring all Club Uropa Management to report any incidents and/or complaints of sexual harassment of which they become aware to the person charged with handling such complaints.
9. Club Uropa shall notify all of its current employees of its sexual harassment
policy within one hundred and twenty (120) days after the entry of this Consent Decree by
amending its Employee Manual to include this policy.
10. For each year of the Consent Decree, Club Uropa will provide annual training on
Title VII according to the following terms:
(a) Club Uropa shall retain Raquel Tamez of MERLO & ASSOCIATES, or another attorney specializing in employment law, acceptable to the EEOC, to provide no less than three (3) hours of training, on the subject of the employment provisions of Title VII, including sexual harassment and hostile work environment;
(b) The three hours of training need not occur within a single session, so long as three hours of training are completed within each year of the Consent Decree;
(c) The initial three hours of training will be provided to all current Club Uropa employees;
(d) All training participants shall be required to sign a registry upon completion of the training session; and
(e) Club Uropa shall provide the initial training session in accordance with this Paragraph within one hundred and twenty (120) calendar days of the entry of this Consent Decree.
11. Club Uropa shall provide video training acceptable to the EEOC during the
subsequent years of the Decree for all new Club Uropa employees and for those employees who
missed the initial training sessions. Club Uropa will provide the EEOC will a copy of the
videotaped materials ten (10) business days prior to the date of the first training session in which
the videotaped materials are used.
12. Club Uropa shall certify annually to EEOC, in writing, that the training has taken

Consent Decree

5

Case 3:05-cv-01911 Document 18 Filed 05/04/2006 Page 6 of 9
place and that required personnel attended. Such certification shall include: (a) The date, location and duration ofthe training; and (b) A copy of the registry of attendance which shall include the name and position or title of each person in attendance.
13. Within ten (10) business days after entry ofthis Consent Decree, Club Uropa shall post a copy of the Notice attached as Exhibit "A" to this Consent Decree at its Dallas, Texas, facility in a conspicuous location easily accessible to and commonly frequented by employees. The Notice shall remain posted for the duration of this Consent Decree. Club Uropa shall ensure that the posting is not altered, defaced or covered by any other material. Club Uropa shall certify to the EEOC in writing within thirty (30) business days after entry of the Consent Decree that the Notice has been properly posted. Club Uropa shall permit a representative of EEOC to enter Club Uropa's premises for purposes of verifying compliance with this Paragraph at any time during normal daytime business hours.
14. Within thirty (30) days of the entry of this Consent Decree, Club Uropa, in settlement of this dispute, shall pay the sum total of Forty Thousand Dollars ($40,000.00) to Amy Napier. Payment shall be in the form of a check made out to Amy Napier, and mailed to Amy Napier, clo Jennifer Randall, U.S. Equal Employment Opportunity Commission, San Antonio Field Office, 5410 Fredericksburg Road, Suite 200, San Antonio, Texas 78229.
15. A copy of the settlement check, and any accompanying transmittal documents shall be forwarded to Robert B. Harwin, Associate Regional Attorney, San Antonio Field Office, United States Equal Employment Opportunity Commission, 5410 Fredericksburg Road, Suite 200, San Antonio, Texas 78229.
16. The terms of this Consent Decree shall be binding upon the EEOC and Club

Consent Decree

6

Case 3:05-cv-01911 Document 18 Filed 05/04/2006 Page 7 of 9

Uropa, its agents, officers, employees, servants, successors, and assigns, as to the issues resolved

herein.

17. When this Consent Decree requires the submission of documents or other

materials to EEOC by Club Uropa, such documents or other materials shall be mailed to Robert

B. Harwin, Associate Regional Attorney, 5410 Fredericksburg Road, Suite 200, San Antonio,

Texas 78229.

18. Club Uropa shall bear all costs associated with implementing the provisions of

this Consent Decree.

19. Except as provided herein, the parties to this Consent Decree shall bear all their

own costs and attorney's fees. Furthermore, the parties agree that pursuant to Section 706(k) of

Title VII, 42 U.S.c. § 2000e-5(k), there is no "prevailing party" in this action or proceeding.

4'R Hl\~ SO ORDERED _ EIft'EI!:'I!D this

day of

, 2006.

JAMES L. LEE Deputy General Counsel
GWENDOLYN YOUNG REAMS Associate General Counsel

RAQ V.LJ;f-J/ ~ Texas State Bar No. 24010441
9400 N. Central Expressway, Suite 1400 Dallas, Texas 75231

~F\'~~7 ROBERT A. CANINO

h?1 ~n;~

Regional Attorney

Oklahoma Bar No. 011782

Consent Decree

7

Case 3:05-cv-01911 Document 18 Filed 05/04/2006 Page 8 of 9

Telephone: (972) 725-6199 Facsimile: (214) 526-1178
ATTORNEY FOR DEFENDANT F & NHOLDINGS, L.L.C d/b/a CLUB UROPA

~~~
ROBERT B. HARWIN Associate Regional Attorney District of Columbia Bar No. 076083

pervisory Trial Attorney exas Bar No. 19708300
~(2w&2
~ALL
Trial Attorney Colorado Bar No. 033240
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
San Antonio Field Office 5410 Fredericksburg Road, Suite 200 San Antonio, Texas 78229-3555 Telephone: (210) 281-7636 Facsimile: (210) 281-7669
ATTORNEYS FOR PLAINTIFF

Consent Decree

8

Case 3:05-cv-01911 Document 18 Filed 05/04/2006 Page 9 of 9
EXHIBIT A
NOTICE
1. Federal law requires that there be no discrimination against any employee or applicant for employment because of that person's race, color, religion, sex, national origin, or age with respect to hiring, compensation, promotion, discharge, or other terms, conditions or privileges of employment.
2. Club Uropa strongly supports and will comply with such Federal law in all aspects and it will not take any action against employees because they have exercised their rights under the law by filing charges with the U.S. Equal Employment Opportunity Commission.
3. If you believe you are being discriminated against in any term or condition of your employment because of your race, religion, color, national origin, sex, or disability, or that you are being subj ected to harassment because of your sex or because of having engaged in Title VII-protected activity, you are encouraged to seek assistance from supervisory personnel, or from the U.S. Equal Employment Opportunity Commission, 207 S. Houston, Third Floor, Dallas, Texas 75202, (214) 253-2742 or 1-800-669-4000.
4. Club Uropa will not discriminate against any employee for opposing discrimination based on sex including, but not limited to, sexual harassment or for filing or participating in a charge of employment discrimination.
5. No retaliatory action may be taken against you for seeking assistance, filing a charge, or communicating with the U.S. Equal Employment Opportunity Commission.
6. Basing employment actions on the gender of an employee may also constitute a violation of Title VII of the Civil Rights Act of 1964, as amended, and any such conduct is a violation of company policy. Any employee found to be in violation of this company policy will be subject to written reprimand, suspension, and/or discharge.

Consent Decree

9

 
 ------------. u.s. DISTRICTCOURT NORTHERN DISTRICT OF TEXAS FILED

IN THE UNITED STATES DISTRICT CO T

FOR THE NORTHERN DISTRICT OF TE S DALLAS DIVISION

MAY - A 2006

EQUAL EMPLOYMENT OPPORTUNITY §

COMMISSION,

§

CLERK, U.S. DISTRICT COURT
-------~D-e-pu-ty--------

§

Plaintiff,

§

§

v.

§ Civil Action No. 3:0S-CV-1911-BD (L)

§

F & N HOLDINGS, L.L.C. d/b/a

§

CLUB UROPA,

§

§

Defendant.

§

-------------------------------§

FINAL JUDGMENT AND ORDER ENTERING CONSENT DECREE

On this day came on to be heard the Joint Motion to Enter Consent Decree submitted by the

EEOC and F&N Holdings, L.L.C. d/b/a Club Uropa. After reviewing the Consent Decree, the Court

finds the following:

1. EEOC and F&N Holdings, L.L.c. d/b/a Club Uropa have settled all claims and/or

causes of action asserted by and/or on behalf of Plaintiff in this Civil Action as evidenced by their

signature on the Consent Decree before this Court; and

2. This Consent Decree between the EEOC and F&N Holdings, L.L.C. d/b/a Club

Uropa should be entered.

It is therefore ORDERED, ADJUDGED, and DECREED that:

1. The Consent Decree is hereby entered, and the Court shall retain jurisdiction to

enforce the tenns and conditions as set forth in the Consent Decree;

2. F&N Holdings, L.L.C. d/b/a Club Uropa will bear all cost associated with

implementing the provisions of this Consent Decree; and

3. The parties shall bear all their own costs and attorney's fees incurred in this action. Pursuant to Section 706(k) of Title VII, 42 U.S.c. section 2000e-5(k), there is no "prevailing party" in this action or proceeding.
Signed this 4tdaYOf_+-H-\-I.~~t."..-.A\____,2005.
\
'-

 
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CLOSED, JURY, KAPLAN
U.S. District Court Northern District of Texas (Dallas) CIVIL DOCKET FOR CASE #: 3:05-cv-01911

Equal Employment Opportunity Commission v. F & N Holdings LLC Assigned to: Magistrate Judge Jeff Kaplan Cause: 42:2000e Job Discrimination (Employment)

Date Filed: 09/27/2005 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

Plaintiff
Equal Employment Opportunity Commission

represented by Jennifer Randall Equal Employment Opportunity Commission - San Antonio 5410 Fredricksburg Rd Suite 200 San Antonio, TX 78229-3555 210/281-7636 Fax: 210/281-7690 FAX Email: jennifer.randall@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Suzanne M Anderson Equal Employment Opportunity Commission Dallas District Office 207 S Houston 3rd Floor Dallas, TX 75202 214/253-2740 Fax: 214/253-2749 FAX Email: suzanne.anderson@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Judith G Taylor Equal Employment Opportunity Commission San Antonio District Office 5410 Fredricksburg Rd Suite 200 San Antonio, TX 78240 210/281-7637 Email: judith.taylor@eeoc.gov ATTORNEY TO BE NOTICED

William C Backhaus

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V.
Defendant
F & N Holdings LLC doing business as Club Uropa

Equal Employment Opportunity Commission Dallas District Office 207 S Houston 3rd Floor Dallas, TX 75202 214/253-2742 Fax: 214/253-2749 FAX Email: william.backhaus@eeoc.gov TERMINATED: 03/07/2006
represented by Raquel Tamez Merlo & Associates 9400 N Central Expwy Suite 1400 Dallas, TX 75231 972/725-6199 Email: rtamez@benefit1.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed 09/27/2005 09/27/2005 09/27/2005 09/27/2005
09/27/2005 11/15/2005 11/16/2005
12/12/2005

#

Docket Text

1 COMPLAINT against F & N Holdings LLC , filed by Equal Employment Opportunity Commission.(jrb, ) (Entered: 09/27/2005)

DEMAND for Trial by Jury by Equal Employment Opportunity Commission. (jrb, ) (Entered: 09/27/2005)

***Magistrate Judge Kaplan chosen by random selection to handle matters that may be referred in this case. (jrb, ) (Entered: 09/27/2005)

2 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Equal Employment Opportunity Commission. (jrb, ) (Entered: 09/28/2005)

3 Summons Issued as to F & N Holdings LLC. (served David S Subblefield, registered agent) (jrb, ) (Entered: 09/28/2005)

4 ANSWER to Complaint by F & N Holdings LLC.(jrb, ) (Entered: 11/16/2005)

5 ORDER Requiring Attorney Conference and Status Report. This conference shall take place no later than 12/1/05. Joint Status Report due by 12/16/2005. See order for specifics. (Signed by Judge Sam A Lindsay on 11/16/05) (jrb, ) (Entered: 11/17/2005)

6 Joint STATUS REPORT by Equal Employment Opportunity

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12/13/2005
12/22/2005 12/22/2005
12/23/2005
12/23/2005 02/24/2006 03/06/2006
03/06/2006 03/07/2006
05/04/2006 05/04/2006 05/04/2006 05/04/2006 05/04/2006

Commission, F & N Holdings LLC. (jrb, ) (Entered: 12/13/2005)
7 ORDER. The parties are directed to sign a "Consent to Proceed Before a United States Magistrate Judge" form and submit it to the court no later than 12/27/05. (Signed by Judge Sam A Lindsay on 12/13/05) (jrb, ) (Entered: 12/13/2005)
8 CONSENT to Magistrate Trial by Equal Employment Opportunity Commission, F & N Holdings LLC. (mfw, ) (Entered: 12/22/2005)
ORDER REASSIGNING CASE. Case reassigned to Judge Jeff Kaplan for all further proceedings. Judge Sam A Lindsay no longer assigned to case. (See Docket entry 8) (Signed by Judge Sam A Lindsay on 12/22/2005) (mfw, ) (Entered: 12/22/2005)
9 INITIAL SCHEDULING ORDER: Amended Pleadings due by 5/26/2006. Discovery due by 9/18/2006. Joinder of Parties due by 5/26/2006. Motions due by 10/18/2006. (See ORDER for other specifics) (Signed by Judge Jeff Kaplan on 12/23/2005) (mfw, ) (Entered: 12/23/2005)
10 STANDING ORDER ON ALL NON-DISPOSITIVE MOTIONS (See ORDER for specifics) (Signed by Judge Jeff Kaplan on 12/23/2005) (mfw, ) (Entered: 12/23/2005)
11 STIPULATION by Equal Employment Opportunity Commission, F & N Holdings LLC. (jrb, ) (Entered: 02/27/2006)
12 Unopposed MOTION to Substitute Attorney William C Backhaus with Jennifer Randall. Motion Filed, MOTION to Withdraw as Attorney William C Backhaus by Equal Employment Opportunity Commission (jyg, ) (Entered: 03/07/2006)
13 NOTICE of Attorney Appearance by Judith G Taylor on behalf of Equal Employment Opportunity Commission (jyg, ) (Entered: 03/07/2006)
14 ORDER granting 12 Motion to Substitute Attorney and granting 12 Motion to Withdraw as Attorney. Attorney William C Backhaus terminated (Signed by Judge Jeff Kaplan on March 7, 2006) (jyg, ) (Entered: 03/07/2006)
15 Joint MOTION to Enter Consent Decree by Equal Employment Opportunity Commission, F & N Holdings LLC (jrb, ) (Entered: 05/04/2006)
16 NOTICE of Pending Settlement by Equal Employment Opportunity Commission, F & N Holdings LLC (jrb, ) (Entered: 05/04/2006)
17 Final Judgment and Order Entering Consent Decree. (Signed by Judge Jeff Kaplan on 5/4/06) (jrb, ) (Entered: 05/05/2006)
18 Consent Decree. See order for specifics. (Signed by Judge Jeff Kaplan on 5/4/06) (jrb, ) (Entered: 05/05/2006)
***Civil Case Terminated. (jrb, ) (Entered: 06/06/2006)

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