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

JUN 2 9 2001

JONESBORO DIVISION

JAMM

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EQUALENWLOYMENTOPPORTUNITY

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COMMISSION,

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Plaintiff,

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CIVIL ACTION NO 3··0\C"a\O~

)

v.

)

CONWLAINT

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BARNHILL'S BUFFET, INC. d/b/a

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BARNHILL'S COUNTRY BUFFET

)

)

Defendant.

)

JURY TRIAL DEMAND

)

NATURE OF THE ACTION
This is an action under Title vn of the Civil Rights Act of 1964, as amended (''Title VIT'), !
and Title I of the Civil Rights Act of 1991 to correct unlawful employment practices and to provide appropriate relief on behalf of Brenda L. Jones. Ms. Jones was terminated in retaliation for complaining about race discrimination in the workplace.
JURISDICTION AND VENUE 1. Jurisdiction of this Court is invoked pursuant to 28 U.S.C. §§451, 1331, 1337,1343, and 1345. This is an action authorized and instituted pursuant to §706(f)(1) and (3) and §706 and
§707 of Title vn of the Civil Rights Act of 1964, as amended, 42 U.S.C. §2000e, et seq. ("Title
VIlli). 2. The employment practices alleged to be unlawful were and are now being committed
within the jurisdiction of the United States District Court for the Eastern District of Arkansas, Jonesboro Division.

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 Vll and is expressly authorized to bring this action by §706(f)(1) and (3) and §707 of Title VII, 42 U.S.C. §2000e-5(f). 4. At all relevant times, Defendant, Barnhill's Buffet, Inc., d/b/a Barnhill's Country Buffet ("Defendant Employer"), was a corporation doing business in the State of Arkansas and the City of lonesboro and has continuously had at least fifteen (15) employees. 5. At all relevant times, Defendant Employer has continuously been and is now an employer engaged in an industry affecting commerce within the meaning of §701(b), (g), and (h) of Title Vll, 42 U.S.c. §§2000e(b), (g), and (h).
STATEMENT OF CLAIMS 6. More than thirty (30) days prior to the institution of this lawsuit, Brenda L. Jones filed a charge of discrimination with the Commission alleging violations of Title VII by Defendant Employer including retaliation for exercising a federally protected right. All conditions precedent to the institution of this lawsuit have been fulfilled. 7. Since at least March 1, 2000, Defendant Employer has engaged in unlawful employment practices at its facility in lonesboro, Arkansas, in violation of §703(a) of Title VII, as amended, 42 U.S.C. §2000e-2(a) and §704 of Title VII, as amended, 42 U.S.c. §2000e-3. The unlawful practice includes retaliation against Brenda L. Jones by terminating her for exercising her federally protected rights to complain about racially discriminatory practices in the workplace. 8. Subsequent to complaining about racially discriminatory practices in the workplace,
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Brenda L. Jones was terminated. Ms. Jones complained to the manager of Defendant's Jonesboro

facility that her hours were being reduced and she was being converted from full-time to part-time

status because of her race (Black).

9. The effect of the practices complained of above has been to deprive Brenda L. Jones

of her federally protected rights and equal employment opportunities and otherwise adversely affect

her status of employment.

10. The unlawful employment practices complained of above were and are intentional.

11. Defendant Employer at all relevant times acted with malice or reckless

indifference to the federally protected rights of Brenda L. Jones.

PRAYER FOR RELIEF

WHEREFORE, the Commission respectfully prays that this Court:

A.

Grant a permanent injunction enjoining the Defendant Employer, 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 of retaliation for complaining about racially
vn discriminatory practices that violate Title of the Civil Rights Act of 1964, as amended..

B. Order Defendant Employer to institute and carry out policies, practices and programs

which provide equal employment opportunities which eradicate the effects of its past and present

unlawful employment patterns and practices.

C. Order Defendant Employer to make whole Brenda L. Jones by providing appropriate

back pay with prejudgment interest, in amounts to be determined at trial, and other affirmative relief

necessary to eradicate the effects of its unlawful employment practices, including but not limited to,

placement in a position.

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D. Order Defendant Employer to make whole Brenda L. Jones by providing

compensation for past and future pecuniary losses resulting from the unlawful employment practices

described above, including relocation expenses, job search expenses, and medical expenses, in

amounts to be determined at trial.

E. Order Defendant Employer to make whole Brenda L. Jones by providing

compensation for past and future non pecuniary losses resulting from the unlawful practices

complained of above, including emotional pain, suffering, embarrassment, inconvenience, loss of

enjoyment of life and humiliation, in amounts to be determined at trial.

F. Order Defendant Employer to pay Brenda L. Jones punitive damages for its malicious

and/or reckless conduct, in an amount to be determined at trial.

G. Order Defendant Employer to pay Brenda L. Jones all the relief to which she is

entitled for Defendant's illegal acts of retaliation.

H.. Grant such further relief as the Court deems necessary and proper.

I.

Award the Commission its costs in this action.

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.JURY TRIAL DEMAND The Commission requests ajury trial on all questions of fact raised by its Complaint.

GWENDOLYN YOUNG REAMS

Acting Deputy General Counsel
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KATHARINE W. KO S

7:"(OJ TERRYB CK

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Senior Trial Attorney
AR#8~1
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PAMELA B. DIXON Trial Attorney AR # 95085
EQUAL El\1PLOYMENT OPPORTUNITY COMMISSION
Little Rock Area Office 425 W. Capitol, Suite 625 Little Rock, Arkansas 72201 Telephone: (501) 324-5539
(501) 324-5065

 
 .-" .

u.fofslmsQ IN THE UNITED STATES DISTRICT COURT

EASTERN OISTRICT A~ ~SA

FOR THE EASTERN DISTRICT OF ARKANSAS

S

APR 052002

JONESBORO DIVISION

EQUAL EMPLOYMENT OPPORTUNITY

)

COMMISSION,

)

LERK
CLERK

)

Plaintiff,

)

CIVIL ACTION NO.

)

3:01cv0210SWW

)

)

)

BARNHILL'S BUFFET, INC.

)

d/b/a BARNHILL'S COUNTRY BUFFET

)

)

Defendant.

)

CONSENT DECREE

The Equal Employment Opportunity Commission (hereinaf r

referred to as the ("EEOC") initiated the above-referenced Cause n

June 29, 2001, against Barnhill's Buffet, Inc. d/b/a Barnhill's

Country Buffet (the "Defendant") to enforce the provisions of Tit e

VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 200 e

~ seq. (Title VII), and the Civil Rights Act of 1991, 42 U.S.

§1981a. The EEOC alleged that the Defendant discriminated again t

Brenda L. Jones by retaliating against her for engaging in activi y

protected by Title VII.

Ms. Jones complained about racial y

discriminatory practices in Defendant's Jonesboro restaurant.

In the event this proposed Consent Decree is not approved r

does not become final, then it shall not be admissible in eviden e

in any subsequent proceeding in this action.

The Court has reviewed the terms of the proposed Consent Decree in light of the applicable laws and regulations, he statements and representations of counsel for all parties, hereby approves the Consent Decree.
NOW, THEREFORE, the Court being fully advised in the premis i t is hereby ORDERED, ADJUDGED AND DECREED:
I. JURISDICTION The United States District Court for the Eastern District of Arkansas, Jonesboro Division, has jurisdiction over the parti-es d subject matter of this litigation.
II. SCOPE AND DURATION OF DECREE A. This Consent Decree resolves all issues and clai s arising out of Plaintiff's Complaint in this cause, allegi unlawful employment policies and practices maintained by Defendant and arising out of Charge No. 251-AO-I051 filed by Bren a L. Jones with the EEOC. Notwithstanding any provisions contain d in this Decree, this agreement shall not be considered in manner to be dispositive of any charge now pending before a y office of the EEOC other than Charge No. 251-AO-I05l. B. The provisions of this Consent Decree shall continue 0 be effective and binding upon the parties to this action for a period of two years from the date of the entry of this decr e except for Section VI.C. (neutral reference) which will be n effect permanently.
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III. NON-DISCRIMINATION PROVISIONS A. Defendant, its officers, agents, employees, and all persons acting in concert with the Defendant are hereby enjoined from retaliating against any employee for opposing discriminatory employment practices made unlawful under Title VII of the Civil Rights Act of 1964, as amended. B. Defendant provided training to its supervisors and managers at its Jonesboro, Arkansas facility in the requirements of Title VII of the Civil Rights Act of 1964, as amended, regarding the prevention of retaliation. Defendant agrees to train new supervisors and managers in the provisions of Title VII, includi~g retaliation.
IV. NON-RETALIATION PROVISION Defendant, its officers, agents, employees, and all persons acting in concert with Defendant shall not take any retaliatory measure, against any employee for opposing practices made unlawful under Title VII of the Civil Rights Act of 1964, as amended, or for making a charge or complaint to the EEOC, testifying, assisting or participating in any manner in any investigation, proceeding or hearing under Title VII of the Civil Rights Act of 1964, as amended.
V. NOTICE Defendant shall continue to conspicuously post at its Jonesboro, Arkansas facility, the notice (poster) required to be
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posted pursuant to Title VII of the Civil Rights Act of 1964, as

amended. Furthermore, Defendant shall conspicuously post the

notice at Appendix A of this Decree at its Jonesboro, Arkansas

facility for a six month period commencing within ten (10) days

after entry of this,Decree by the Court.

The notice will be

signed by Christopher Graves, Manager.

VI. INDIVIDUAL RELIEF

A. Defendant shall deliver to Brenda L. Jones, a certified

check made payable to "Brenda L. Jones" in the amount of $29,000

at the following address within ten (10) days after entry of this

Decree by the Court:

Brenda Jones 1605 French Jonesboro, AR 72401

Defendant will issue a Form 1099 to Brenda Jones. B. Defendant agrees to provide a neutral reference to any
potential employers of Brenda L. Jones, who request a job reference. Any such neutral reference shall be identical to the form demonstrated in Appendix B. No mention of Brenda L. Jones' charge of discrimination or this action will be made as part of the neutral reference.

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VII. COSTS
Each of the parties shall bear their own costs, including attorneys' fees.

SO ORDERED THIS

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..tj DAY

OF

_c.:...;.~";.......:...'_~r_._ _ _ _ _ _ _ ,

2002.

THIS DOCUMENT ENTERED ON

DOCKET SHEET IN COMPliANCE

a::- WI"\1: RULE 58 ANDI0r;Aa) FRCP

ON :t--5-0

By.-:..c;:..QU...lJ-ll---

5

FOR DEFENDANT:
KATHLYN GRAVES WRIGHT, LINDSEY & JENNINGS 200 West Capitol, Ste. 2200 Little Rock, AR 722~1-3699 (501) 371-0808
~/U1J~d~l,
BARNHILrJ BUFFET'S, INC" d/b/ a BARNHILL'S COUNTRY BUFFET

FOR THE COMMISSION:
NICHOLAS INZEO Acting Deputy General Counsel
GWENDOLYN YOUNG REAMS Associate General Counsel
Ivw k:o~1 b '~&
KATHARINE W. KO!{ES U
Regional Attorney
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TERRY BECK' =='G!
Supervisory Trial Attorney

Senior Trial Attorney EQUAL EMPLOYMENT OPPORT TY COMMISSION 820 Louisiana, Ste. 200 Little Rock, AR 72201 (501) 324-5539
PAMELA B. DIXON Senior Trial Attorney (501) 324-5060

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APPENDIX A NOTICE

NOTICE
1. BARNHILL'S BUFFETS has agreed with the EEOC to post this notice for six months to reinforce the company's policies concerning the prevention of retaliation against any employee.
2. Federal law prohibits an employer from taking retaliatory action against any employee for opposing practices made unlawful under Title VII of the Civil Rights Act of 1964, as amended.
3. BARNHILL BUFFET'S supports and will comply with such Federal law in all respects and will not take any action against employees because they have exercised their rights under the law by filing charges with the Equal Employment Opportunity Commission and/or testified, assisted or participated in any manner in any investigation, proceeding or hearing under Title VII of the Civil Rights Act of 1964, as amended.
CHRISTOPHER GRAVES MANAGER BARNHILL'S BUFFETS
DATE

APPENDIX B NEUTRAL REFERENCE

.. . .

Dear

This letter is in response to your inquiry regarding the employment

of

while employed at BARNHILL'S BUFFETS.

Ms.

worked at BARNHILL'S BUFFETS from ____________________

through __________________

Company policy does not permit us to

give out any more information concerning Ms.

employment.

I am sure Ms.

can provide you with the details concerning

her teoure at BARNHILL'S BUFFETS. I hope this information is

helpful and that it satisfactorily answers your inquiry.

Very truly yours,

BARNHILL'S BUFFETS.

tm UNITED STATES DISTRICT COURT Eastern District of Arkansas
U.S. Court House 600 West Capitol, Suite 402 Little Rock, Arkansas 72201-3325
April 5, 2002

* * MAILING CERTIFICATE OF CLERK * *
Re: 3:01-cv-00210.
True and correct copies of the attached were mailed by the clerk to the following:
Kathlyn Graves, Esq. Wright, Lindsey & Jennings 200 West Capitol Avenue Suite 2200 Little Rock, AR 72201-3699
Katharine W. Kores, Esq. Equal Employment Opportunity commission 1407 Union Avenue Suite 621 Memphis, TN 38104
Terry Beck, Esq. Equal Employment Opportunity Commission 1407 Union Avenue Suite 621 Memphis, TN 38104
Pamela B. Dixon, Esq. Equal Employment Opportunity Commission 820 South Louisiana Little Rock, AR 72201
William A. Cash Jr., Esq. Equal Employment Opportunity Commission 820 South Louisiana Little Rock, AR 72201

Date:

4/05/02

James W. McCormack, Clerk
T. Mullen BY:

 
 CM/ECF - ARED - LIVE - Docket Report

https://ecf.ared.uscourts.gov/cgi-bin/DktRpt.pl?334102408682226-L_3...

U.S. District Court Eastern District of Arkansas (Jonesboro) CIVIL DOCKET FOR CASE #: 3:01-cv-00210-SWW

JFF, TERMED

EEOC v. Barnhill's Buffet Assigned to: Judge Susan Webber Wright Demand: $0 Cause: 42:2000e Job Discrimination (Employment)

Date Filed: 06/29/2001 Date Terminated: 04/05/2002 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

Plaintiff
Equal Employment Opportunity Commission

represented by Katharine W. Kores Equal Employment Opportunity Commission - Memphis 1407 Union Avenue Suite 621 Memphis, TN 38104 (901) 544-0135 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Pamela B. Dixon Equal Employment Opportunity Commission - Little Rock 820 Louisiana Street Suite 200 Little Rock, AR 72201 (501) 324-5065 Email: pamela.dixon@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Terry Beck Equal Employment Opportunity Commission - Memphis 1407 Union Avenue Suite 621 Memphis, TN 38104 (901) 544-0138 Email: terry.beck@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

William A. Cash, Jr. Equal Employment Opportunity Commission - Little Rock 820 Louisiana Street

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V.
Defendant
Barnhill's Buffet, Inc. doing business as Barnhill's Country Buffet

Suite 200 Little Rock, AR 72201 (501) 324-5539 Email: william.cash@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Kathlyn Graves Mitchell, Williams, Selig, Gates & Woodyard, P.L.L.C. - LR 425 West Capitol Avenue Suite 1800 Little Rock, AR 72201 (501) 688-8831 Email: kgraves@mwsgw.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed 06/29/2001 07/24/2001 09/07/2001 09/19/2001
11/28/2001 12/03/2001
12/06/2001
02/19/2002
02/21/2002

#

Docket Text

1 COMPLAINT w/jury demand, no summons issued (tlw) Modified on 07/30/2001 (Entered: 06/29/2001)
2 WAIVER OF SERVICE OF SUMMONS upon defendant Barnhill's Buffet on 7/10/01; ans ddl set for 9/08/01. (mkf) (Entered: 07/24/2001)
3 ANSWER by deft Barnhill's Buffet; no jury demand (jct) (Entered: 09/07/2001)
4 INITIAL SCHEDULING ORDER (DOC): Rule 26(f) report due 11/29/01; Rule 16(b) conference, if needed, will be 12:45 p.m. on 12/4/01 (cc: all counsel) (jct) (Entered: 09/19/2001)
5 RULE 26(f) REPORT filed by all parties (tlw) (Entered: 11/28/2001)
6 FINAL SCHEDULING ORDER by Chief Judge Susan W. Wright; jury trial set for 1:30 on 7/22/02 in Jonesboro; discovery due 5/10/02; pretrial info sheet due 6/21/02. (cc: all counsel) (mkf) Modified on 12/03/2001 (Entered: 12/03/2001)
7 PROTECTIVE ORDER by Chief Judge Susan W. Wright with regard to discovery responses by defendant containing information about deft's employees and former employees. (cc: all counsel) (mkf) (Entered: 12/06/2001)
8 ORDER by Chief Judge Susan W. Wright referring the matter of a settlement conference to Magistrate Judge John F. Forster, Jr. (cc: all counsel) (tlw) (Entered: 02/19/2002)
9 ORDER (DOC) scheduling a settlement conference for 3/07/02 at 10:00 a.m. before Magistrate Forster in Little Rock, AR Settlement/Obj Hrg set for 10:00

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03/07/2002 04/05/2002

a.m. on 3/7/02 (cc: all counsel by C. Norwood) (tlw) (Entered: 02/21/2002)
CLERK'S MINUTES: settlement conference held before Judge Forster in LR; William Cash, Terry Beck and Pam Dixon present with pltf; Kathy Graves present for dft; settlement reached and read into the record; ERO Cecilia Norwood (mcn) Modified on 03/12/2002 (Entered: 03/12/2002)
10 CONSENT DECREE by Chief Judge Susan W. Wright directing deft to deliver $29,000 to Brenda L. Jones within 10 days of this order and directing deft to provide a neutral reference to any potential employers of Brenda L. Jones; each of the parties shall bear their own costs, including attorneys' fees terminating case (cc: all counsel) (tlw) (Entered: 04/05/2002)

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