Case 3:13-cv-00838-REP Document 1 Filed 12/19/13 Page 1 of 5 PageID# 1

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA

RICHMOND DIVISION

CLERK, U.S. DISTRICT COURT RICHMOND. VA

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,

-3;|3£YS3&
CIVIL ACTION NO

Plaintiff,

COMPLAINT

LEE'S FOOD CORP.,
d/b/a Food Rite Community Supermarket,

JURY TRIAL DEMAND

Defendant.

NATURE OF THE ACTION
This is an action under Title VII of the Civil Rights Act of 1964 andTitle I of the Civil Rights Act of 1991, to correct unlawful employment practices on the basis of sex, andto provide appropriate relief to Deborah Newell who was adversely affected by such practices. Plaintiff, the U.S. Equal Employment Opportunity Commission, alleges that defendant Lee's Food Corp., d/b/a Food Rite Community Supermarket ("Defendant"), discriminated against Deborah Newell when it failed to hire her as a part-timecourtesy van driver becauseof her sex, female.
JURISDICTION AND VENUE
1. Jurisdiction of this Courtis 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 ofthe Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e-5(f)(l) and (3) ("Title VII"), and Section 102 of the Civil Rights Actof 1991,42 U.S.C. § 1981a.
2. The employmentpractices alleged to be unlawful were committed within the
jurisdiction of the United States District Court for the Eastern District of Virginia, Richmond
Division.

Case 3:13-cv-00838-REP Document 1 Filed 12/19/13 Page 2 of 5 PageID# 2

Case 3:13-cv-00838-REP Document 1 Filed 12/19/13 Page 3 of 5 PageID# 3

Case 3:13-cv-00838-REP Document 1 Filed 12/19/13 Page 4 of 5 PageID# 4

Case 3:13-cv-00838-REP Document 1 Filed 12/19/13 Page 5 of 5 PageID# 5

 
 Case 3:13-cv-00838-DJN-MHL Document 19 Filed 08/12/14 Page 1 of 7 PageID# 59

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF VIRGINIA RICHMOND DIVISION

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,

Plaintiff,

Civil Action No. 3:13cv838

LEE'S FOOD CORP.,
d/b/a Food Rite Community Supermarket

CONSENT DECREE

Defendant.

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)(l) 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

Lee's Food Corp. d/b/a Food Rite Community Supermarket (the "Defendant"), discriminated

against Deborah Newell ("Newell") when Defendant failed to hire her as a part-time courtesy

van driver because of her sex, female.

The Commission and Defendant hereby stipulate to jurisdiction of this 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 this Consent

' 00!'/f(§I1i¥:i fm

AUG I I 2014 11!// LJ

CLERK. U.S.

C/.: I'll

Case 3:13-cv-00838-DJN-MHL Document 19 Filed 08/12/14 Page 2 of 7 PageID# 60
Decree (the "Decree"); and (3) this Decree resolves all matters in controversy between the parties as provided in paragraphs 1 through 15 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, including by way of failing to hire
women for the courtesy van driver job. 2. Defendant shall not discriminate or retaliate against any person because of
his or her opposition to any practice made unlawful under Title VII or because of the filing of a charge of discrimination, the giving of testimony or assistance, or the participation in any
investigation, proceeding or hearing under that statute. 3. Defendant shall pay Newell the sum of ten-thousand five hundred and 00/100
dollars ($10,500.00) in settlement of the claims raised in this action. Defendant shall make payment by issuing checks payable to "Deborah Newell." Payment shall be made within fifteen (15) days after the Court enters this Decree, and Defendant shall mail the check via certified
mail, return receipt requested to Newell at her address provided by the Commission. Within ten
(10) days after the check has been mailed to Newell, Defendant shall send to the Commission c/o
Suzanne Nyfeler via e-mail, a copy of the check and proof of its mailing to Newell. Defendant shall also issue an IRS Form 1099 to Newell, delivered via certified mail, return receipt
requested, at her address provided by the Commission.
4. Neither the Commission nor Defendant make any representation, or assume any responsibility for any tax liability, assessments, interest, penalties and/or costs that Newell, may or may not incur under local, state and/or federal law on the payments identified in paragraph
three (3) above.
2

Case 3:13-cv-00838-DJN-MHL Document 19 Filed 08/12/14 Page 3 of 7 PageID# 61
5. Within ninety (90) days of the Court's entry of this Decree, Defendant shall adopt, implement, and distribute a formal, written anti-discrimination policy (the "Policy"), which shall include but not be limited to the following: an explanation of the requirements of the federal equal employment opportunity laws, including Title VII and its prohibition against discrimination on the basis of sex; procedures for reporting discrimination; and a procedure for the thorough and immediate investigation of employee complaints of discrimination. Defendant
shall distribute to each current employee a copy of the Policy within the aforementioned 90 day time period. Within one hundred (100) days of the entry of this Decree, Defendant shall report its compliance with this provision to the Commission. During the Term (hereinafter defined) of this Decree, Defendant shall distribute the Policy to all new employees and review it with them
at the time of their hire.
6. During the Term of this Decree, Defendant shall post a copy of the Policy described in paragraph 5, above, in its location(s) in a place where it is visible to employees. If the Policy becomes defaced or unreadable, Defendant shall replace it by posting another copy of the Policy. Within ninety-five (95) days after the Decree is entered, Defendant will post the
Policy and notify the Commission that it has been posted.
7. 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 and its prohibition against sex discrimination in the workplace. Each training program shall also include an explanation of Defendant's Policy referenced in paragraphs 5 and 6 above, and an explanation of the rights and responsibilities of
employees and managers under the Policy.

Case 3:13-cv-00838-DJN-MHL Document 19 Filed 08/12/14 Page 4 of 7 PageID# 62
The first training program shall be completed within one hundred (100) days after Court's entry of the Decree. Each subsequent training program shall be conducted at approximately one-year intervals after the initial training program during the remainder of the Term. At least fifteen (15) days prior to each training program, Defendant shall provide the Commission with an agenda for the training program. 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.
8. 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 Employee Notice, attached hereto as Exhibit A (the"Notice"), hereby made a part of this Decree, in a place where it is visible to employees at Defendant's location(s). If the Notice becomes
defaced or unreadable during the Term, 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. 9. During the Term of this Decree, Defendant shall provide the Commission with
reports at six (6) month intervals, with the first being due four (4) months after the Court's entry
of this Decree. Each report will include the following information: A. the identities of all individuals who have complained that they were discriminated against on the basis of their sex, including by way of
identification each person's name, address, telephone number, position,
and social security number;
B. for each individual identified in paragraph 9.A. above, explain whether the individual's employment status has changed in any respect (for example,

Case 3:13-cv-00838-DJN-MHL Document 19 Filed 08/12/14 Page 5 of 7 PageID# 63
including but not limited to, termination, firing, demotion, promotion, or change to part-time from full-time); and C. for each individual whose employment status has changed as identified in paragraph 9.B. above, a detailed statement explaining why the individual's employment status has changed. In the event there is no activity to report pursuant to this paragraph 9, Defendant shall send the Commission a "negative" report indicating that there was no activity for the preceding
six (6) month period. 10. The Commission may review compliance with this Decree. As part of such
review, the Commission may upon twenty-four (24) hours notice to Defendant, inspect Defendant's location(s), interview employees, and examine and copy documents that are relevant to the compliance review. As part of a review for compliance with the Notice posting provisions contained in paragraphs 6 and 8 above, the Commission may inspect Defendant's location(s) without notice. Notice required by this paragraph shall be delivered via email to Defendant at an e-mail address provided to the Commission or at the Commission's option to the e-mail address
identified for Defendant's counsel listed below.
11. If at any time 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 by way of an e-mail at the Defendant's e-mail address provided to the Commission by Defendant's counsel or to the below e-mail address identified for Defendant's counsel. Within ten (10) business days of Defendant's receipt of such notice, Defendant will investigate and respond to the allegations contained in the written notice described in this paragraph. Thereafter, the parties shall then have a period often (10) days or such additional period as may
5

Case 3:13-cv-00838-DJN-MHL Document 19 Filed 08/12/14 Page 6 of 7 PageID# 64
be agreed upon by them, in which to engage in negotiation regarding such allegations before the Commission may exercise any remedy provided by law.
12. The term of this Decree shall be for three (3) years from date of its entry by the
Court (the "Term").
13. All reports or otljer documents sent to the Commission by Defendant pursuant to this Decree shall be sent by electronic mail to: (1) EEOC-CTDO-decree-monitoring(g>eeoc.gov; or (2) if by regular mail to, Lynette A. Barnes, Regional Attorney, Equal Employment
Opportunity Commission, 129 West Trade Street, Suite 400, Charlotte, NC 28202. 14. Each party shall bear its own costs and attorney's fees.
15. This Court shall retain jurisdiction of this cause for purposes of monitoring
compliance with this Decree and entry ofsuch further orders as may be nec/ssary or appropriate.

Date

DAVID J. NOVAK
United States Magistrate Judge Eastern District of Virginia

The parties jointly request that the Court approve and enter the Consent Decree:

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Plaintiff

P. DAVID LOPEZ General Counsel

JAMES L. LEE
Deputy General Counsel

GWENDOLYN YOUNG REAMS Associate General Counsel

Case 3:13-cv-00838-DJN-MHL Document 19 Filed 08/12/14 Page 7 of 7 PageID# 65
LYNETTE A. BARNES
Regional Attorney
KARA GIBBON HADEN
Supervisory Trial Attorney
SUZANNE DENAHA!
Senior >FkrTAttorney Virginia Bar No. 40450
Richmond Local Office
400 North 8th Street, Suite 350
Richmond, Virginia 23219 Telephone: (804)771-2215 Facsimile: (804)771-2222 E-Mail: Suzanne.Nvfeler@eeoc.gov
LEE'S FOOD CORP. d/b/a Food Rite Community Supermarket, Defendant
Neil S. Talegaonkar (VSB No. 44589) ThompsonMcMullan, P.C.
100 Shockoe Slip, 3rd floor
Richmond, VA 23219 Telephone: (804) 698-6229 Fax:(804)780-1813
E-Mail: ntalegaonkar@t-mlaw.com

 
 Case: 3:13-cv-00838-DJN-MHL As of: 03/21/2019 11:58 PM EDT 1 of 2
CLOSED,JURY
U.S. District Court Eastern District of Virginia − (Richmond) CIVIL DOCKET FOR CASE #: 3:13−cv−00838−DJN−MHL

Equal Employment Opportunity Commission v. Lee's Food Corp. Assigned to: Magistrate Judge David J. Novak Referred to: Magistrate Judge M. Hannah Lauck(MJ) Cause: 42:2000e Job Discrimination (Employment)
Plaintiff

Date Filed: 12/19/2013 Date Terminated: 08/12/2014 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

Equal Employment Opportunity Commission

represented by Suzanne Lenahan Nyfeler Equal Employment Opportunity Commission 830 East Main St Suite 600 Richmond, VA 23219 (804) 771−2215 Email: Suzanne.Nyfeler@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Defendant
Lee's Food Corp. doing business as Food Rite Community Supermarket

represented by Neil Shantaram Talegaonkar Thompson McMullan PC 100 Shockoe Slip 3rd Fl Richmond, VA 23219−4140 804−698−6229 Fax: 804−780−1813 Email: ntalegaonkar@t−mlaw.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed 12/19/2013 12/19/2013 01/14/2014 01/14/2014
01/17/2014 02/27/2014
03/12/2014 03/12/2014

# Docket Text
1 COMPLAINT against Lee's Food Corp., filed by Equal Employment Opportunity Commission. (Attachments: # 1 Civil Cover Sheet)(cmcc, ) (Entered: 12/19/2013)
Notice of Correction: Clerk advised counsel to please provide summons to be issued at this time. (cmcc, ) (Entered: 01/14/2014)
Notice of Correction : Clerk left message for counsel again regarding summons which have not been forwarded to the Court. (cmcc, ) (Entered: 01/14/2014)
2 REQUEST FOR WAIVER of Service sent to Lee's Food Corp. on 1/14/2014 by Equal Employment Opportunity Commission. Waiver of Service due by 2/13/2014. (Attachments: # 1 Proposed Waiver, # 2 Letter from Counsel re: Waiver of Service)(cmcc, ) (Entered: 01/14/2014)
3 Letter from Counsel. (cmcc, ) (Entered: 01/17/2014)
4 WAIVER OF SERVICE Returned Executed by Equal Employment Opportunity Commission. Lee's Food Corp. waiver sent on 1/14/2014, answer due 3/17/2014. (Attachments: # 1 Letter)(tjoh, ) (Entered: 02/27/2014)
5 NOTICE of Appearance by Neil Shantaram Talegaonkar on behalf of Lee's Food Corp. (Talegaonkar, Neil) (Entered: 03/12/2014)
6 Consent MOTION for Extension of Time to File Answer by Lee's Food Corp.. (Attachments: # 1 Proposed Order Consent)(Talegaonkar, Neil) (Entered: 03/12/2014)

Case: 3:13-cv-00838-DJN-MHL As of: 03/21/2019 11:58 PM EDT 2 of 2

03/12/2014 03/13/2014
04/04/2014 04/22/2014 04/22/2014 04/29/2014
05/02/2014 05/05/2014 05/05/2014 05/08/2014 05/08/2014
05/13/2014 05/15/2014
05/16/2014 08/12/2014

7 Financial Interest Disclosure Statement (Local Rule 7.1) by Lee's Food Corp.. (Talegaonkar, Neil) (Entered: 03/12/2014)
8 ORDER regarding 6 Defendant's Motion for Extension of Time to Answer; it is ORDERED that the Motion for Extension of Time is granted and further ORDERED that the defendant, Lee's Food Corp. d/b/a Food Rite Community Supermarket, shall file its Answer and any other motions with respect to the Complaint by 4/4/2014. Signed by District Judge Robert E. Payne on 3/13/2014. Copies to counsel. (cmcc, ) (Entered: 03/13/2014)
9 ANSWER to 1 Complaint by Lee's Food Corp..(Talegaonkar, Neil) (Entered: 04/04/2014)
10 ORDER entered by the Clerk at the direction of the Court setting an Initial Pretrial Conference to be held at 10:30 a.m. on 5/14/14. (sneal, ) (Entered: 04/22/2014)
11 SCHEDULING ORDER:Initial Pretrial Conference set for 5/14/2014 at 10:30 AM. Signed by District Judge Robert E. Payne on 4/22/14. (sneal, ) (Entered: 04/22/2014)
12 ORDER that it appearing that this action would be sooner resolved if the parties consent to referral of the case to a Magistrate Judge, it is ORDERED that counsel shall confer regarding whether both parties will consent to assignment of the case to a Magistrate Judge. Counsel shall ensure that the conferences occur not later than May 7, 2014, and that the Court is informed not later than 5:00 p.m. May 7, 2014 whether consents have been given. (See Order for details.) Signed by District Judge Robert E. Payne on 4/29/2014. Copies to counsel. (Entered: 04/29/2014)
13 Joint Notice of Parties' Consent to Jurisdiction by US Magistrate Judge by Equal Employment Opportunity Commission, Lee's Food Corp. (Talegaonkar, Neil) Modified on 5/5/2014 to edit docket text. (cmcc, ). (Entered: 05/02/2014)
14 Consent to Jurisdiction by US Magistrate Judge by Lee's Food Corp.. (Talegaonkar, Neil) (Entered: 05/05/2014)
15 Consent to Jurisdiction by U. S. Magistrate Judge by Equal Employment Opportunity Commission, re 12 Order (Nyfeler, Suzanne) Modified on 5/6/2014 to edit event text. (cmcc, ) (Entered: 05/05/2014)
16 Case reassigned to Magistrate Judge David J. Novak and referred to Magistrate Judge M. Hannah Lauck. (cmcc, ) (Entered: 05/08/2014)
17 ORDER that upon consent of the parties, it is ORDERED that this action shall be REASSIGNED to Magistrate Judge Novak for all purposes except settlement negotiations, which are hereby referred to Magistrate Judge Lauck. Further ORDERED that the Initial Pretrial Conference scheduled on the undersigned's docket for 10:30 a.m. May 14, 2014 is cancelled. Signed by District Judge Robert E. Payne on 5/7/2014. Copies to Magistrate Judge Novak and Magistrate Judge Lauck and to counsel of record.(cmcc, ) (Entered: 05/08/2014)
Initial Conference set for 5/15/2014 11:30 at AM with Magistrate Judge David J. Novak. (cgar) (Entered: 05/13/2014)
18 SCHEDULING and PRETRIAL ORDER Final Pretrial Conference set for 10/23/2014 at 01:00 PM in Richmond Courtroom 5400 before Magistrate Judge David J. Novak. Jury Trial set for 11/3/2014 at 09:30 AM in Richmond Courtroom 5400 before Magistrate Judge David J. Novak. Signed by Magistrate Judge David J. Novak on 5/15/2014. (cgar) (Entered: 05/15/2014)
Set Hearings: Settlement Conference set for 6/19/2014 at 02:00 PM before Magistrate Judge M. Hannah Lauck. (lcha, ) (Entered: 05/16/2014)
19 CONSENT DECREE between the Equal Employment Opportunity Commission and Lee's Food Corp. d/b/a Food Rite Community Supermarket stipulating the resolution of all matters in controversy between the parties. (See Order for details.) Signed by Magistrate Judge David J. Novak on 8/11/2014. Copies to counsel.(cmcc, ) (Entered: 08/12/2014)