Case 2:06-cv-02528-JPM-dkv Document 1-1 Filed 08/17/2006 Page 1 of 5

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TENNESSEE
WESTERN DIVISION

EQUAL EMPLOYMENT OPPORTUNITY

)

COMMISSION,

)

)

Plaintiff,

)

CIVIL ACTION NO.

)

v.

)

)

GILLEY CONSTRUCTION CO., INC.

)

COMPLAINT

)

Defendant

)

JURY TRIAL DEMAND

)

)

NATURE OF THE ACTION

This is an action under Title VII of the Civil Rights Act of 1964, as amended, 42

U.S.C. §§ 2000e et seq. (Title VII), and Section 102 of the Civil Rights Act of 1991, 42

U.S.C. §1981a, to correct unlawful employment practices on the basis of race, and to

provide appropriate relief to four African American employees who the Commission

claims Defendant Employer subjected to unlawful discrimination because of their race.

JURISDICTION AND VENUE

1. Jurisdiction of this Court is invoked pursuant to 28 U.S.C. §§ 451, 1331,

1337, 1343 and 1345. This action is authorized and instituted pursuant to Sections

706(f)(1) and (3) of Title VII and Section 102 of the Civil Rights Act of 1991, 42 U.S.C. §

1981a.

2. The unlawful employment practices alleged below were committed within

the jurisdiction of the United States District Court for the Western District of Tennessee,

Western Division.

Case 2:06-cv-02528-JPM-dkv Document 1-1 Filed 08/17/2006 Page 2 of 5
PARTIES 3. Plaintiff, the Equal Employment Opportunity Commission (the Commission), is the agency of the United States of America charged with the administration, interpretation, and enforcement of Title VII, and is expressly authorized to bring this action by § 706(f)(1) and (3) of Title VII, 42 U.S.C. § 2000-5(f)(1) and (3). 4. At all relevant times, Defendant, Gilley Construction Co., Inc. ("Defendant Employer"), has continuously been a Tennessee corporation doing business in Shelby County, Tennessee and in Fayetteville County, Tennessee, and has continuously had at least fifteen employees. 5. At all relevant times Defendant Employer has continuously been an employer engaged in an industry affecting commerce within the meaning of Sections 701(b), (g) and (h) of Title VII, 42 U.S.C. §§ 2000e(b), (g) and (h).
STATEMENT OF CLAIMS 6. More than thirty days prior to the institution of this lawsuit, Velbsy Campbell, Willie Chalmers, and Gary Keefer filed charges with the Commission alleging violations of Title VII by Defendant Employer. All conditions precedent to the institution of this lawsuit have been fulfilled. 7. Since May 20, 2004, Defendant Employer has engaged in unlawful employment practices at its job sites in Shelby County, Tennessee, and in Fayetteville County, Tennessee, in violation of Section 703(a) of Title VII, 42 U.S.C. § 2000e-2(a). 8. The unlawful employment practices involved paying Velbsy Campbell, Willie Chalmers, Michael Jones, and Gary Keefer, who are African American and were
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employed by Defendant Employer as Reinforcing Ironworkers, less than similarly situated White and Hispanic Reinforcing Ironworkers because of their race.
9. The unlawful employment practices also involved subjecting Mr. Campbell, Mr. Chalmers, Mr. Jones, and Mr. Keefer to different terms and conditions of employment because of their race.
10. The different terms and conditions of employment involved the White Foreman frequently leaving the work site with the two White employees, leaving the African American employees alone at the work site to do the work.
11. The unlawful employment practices also involved discharging Mr. Campbell, Mr. Chalmers, Mr. Jones, and Mr. Keefer because of their race.
12. The effect of the practices complained of in paragraphs 7-11 above has been to deprive Mr. Campbell, Mr. Chalmers, Mr. Jones, and Mr. Keefer of equal employment opportunities and otherwise adversely affect their status as employees because of their race.
13. The unlawful employment practices complained of in paragraphs 7-11 above were intentional.
14. The unlawful employment practices complained of in paragraphs 7-11 above were done with malice and/or with reckless indifference to the federally protected rights of Mr. Campbell, Mr. Chalmers, Mr. Jones, and Mr. Keefer.
PRAYER FOR RELIEF Therefore the Commission respectfully requests that this Court: A. Grant a permanent injunction enjoining Defendant Employer and its officers, successors, assigns, and all persons in active concert or participation with it,
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from engaging in any employment practice which discriminates against employees because of their race;
B. Order Defendant Employer to institute and carry out policies, practices, and programs which provide equal employment opportunities for African American employees, and which eradicate the effects of Defendant Employer’s unlawful employment practices described in paragraphs 7-11 above;
C. Order Defendant Employer to make whole Mr. Campbell, Mr. Chalmers, Mr. Jones, and Mr. Keefer 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 Defendant’s unlawful employment practices, including but not limited to rightful-place reinstatement;
D. Order Defendant Employer to make whole Mr. Campbell, Mr. Chalmers, Mr. Jones, and Mr. Keefer by providing compensation for past and future pecuniary losses resulting from the unlawful employment practices, in amounts to be determined at trial.
E. Order Defendant Employer to make whole Mr. Campbell, Mr. Chalmers, Mr. Jones, and Mr. Keefer by providing compensation for nonpecuniary losses resulting from the unlawful employment practices, including emotional and psychological pain and suffering, in amounts to be determined at trial;
F. Order Defendant Employer to pay Mr. Campbell, Mr. Chalmers, Mr. Jones, and Mr. Keefer punitive damages for its malicious and/or reckless conduct, in amounts to be determined at trial;
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G. Grant such further relief as the Court deems necessary and proper in the public interest; and
H. Award the Commission its costs of this action. JURY TRIAL DEMAND
The Commission requests a jury trial on all questions of fact raised by its complaint.
RONALD S. COOPER General Counsel JAMES LEE Deputy General Counsel GWENDOLYN YOUNG REAMS Associate General Counsel s/ Faye A. Williams (by permission CLO) FAYE A. WILLIAMS Regional Attorney Tennessee Bar No. 011730 s/ Carson L. Owen CARSON L. OWEN Senior Trial Attorney Tennessee Bar No. 009240 EQUAL EMPLOYMENT OPPORTUNITY
COMMISSION 1407 Union Avenue, Suite 621 Memphis, Tennessee 38104 Telephone: (901) 544-0133
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 Case 2:06-cv-02528-JPM-dkv Document 21 Filed 07/30/2007 Page 1 of 9

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TENNESSEE
WESTERN DIVISION

EQUAL EMPLOYMENT OPPORTUNITY

)

COMMISSION,

)

)

Plaintiff,

)

)

v.

)

)

GILLEY CONSTRUCTION COMPANY, INC., )

)

Defendant.

)

CIVIL ACTION NO. 2:06-cv-02528 M/V

CONSENT DECREE

This lawsuit was filed August 17, 2006, by the Equal Employment Opportunity Commission (hereinafter referred to as “the Commission”) against Gilley Construction Co., Inc. (hereinafter referred to as "Gilley Construction") under Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. Section 2000e, et seq. (hereinafter referred to as "Title VII"). The Complaint in this lawsuit claims that Gilley Construction violated Title VII by paying Velbsy Campbell, Willie Chalmers, Michael Jones, and Gary Keefer, who are African American and were employed by Gilley Construction as Reinforcing Ironworkers, less than similarly situated White and Hispanic Reinforcing Ironworkers because of their race; by subjecting Mr. Campbell, Mr. Chalmers, Mr. Jones, and Mr. Keefer to different terms and conditions of employment because of their race; and by discharging Mr. Campbell, Mr. Chalmers, Mr. Jones, and Mr. Keefer because of their race.
The Commission and Gilley Construction have agreed to this Consent Decree (hereinafter referred to as “this Decree”) to settle all of the claims involved in this lawsuit.

Case 2:06-cv-02528-JPM-dkv Document 21 Filed 07/30/2007 Page 2 of 9
This Decree constitutes the complete and exclusive agreement between the Commission and Gilley Construction. No waiver, modification or amendment of any provision of this Decree shall be effective unless made in writing. No representations or inducements to compromise this action have been made, other than those recited or referenced in this Decree. In the event this Decree is not approved or does not become final, it shall not be admissible in evidence in any subsequent proceeding in this or any other lawsuit.
The Court has reviewed the terms of this Decree in light of the applicable laws and regulations, and hereby approves this Decree. THEREFORE, it is hereby ORDERED:
I. JURISDICTION The United States District Court for the Western District of Tennessee, Western Division, has jurisdiction over the parties and subject matter of this lawsuit, and will retain jurisdiction over this Decree for purposes of enforcement and dispute resolution.
II. DISCLAIMER Neither the negotiation of or agreement to this Decree is an admission or acknowledgment by Gilley Construction that any of its employees, officers, directors, or agents have engaged in any wrongdoing in violation of Title VII.
III. DURATION OF DECREE This Decree will be binding on the parties to this lawsuit for two years after the date of its entry by the Court.
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IV. INJUNCTIVE RELIEF Gilley Construction, its supervisors, managers, officers, directors, agents, and successors are enjoined from discriminating against African American employees because of their race, and from discriminating against employees because they have opposed employment discrimination made unlawful by Title VII.
V. INDIVIDUAL REMEDIES Gilley Construction will pay Velbsy Campbell $900.00 in back pay, less normal deductions, and $6,600.00 in compensatory damages within ten days after receiving a copy of this Decree entered by the Court, and will then pay Mr. Campbell $1,250.00 in compensatory damages each subsequent month for six months. Respondent will mail cashier’s checks for these amounts to:
Velbsy Campbell 4783 Stockbridge Memphis, TN 38118 A copy of the checks will be mailed at the same time to: Carson L. Owen, Senior Trial Attorney Equal Employment Opportunity Commission 1407 Union Ave., Suite 621 Memphis, TN 38104. Gilley Construction will pay Willie Chalmers $900.00 in back pay, less normal deductions, and $6,600.00 in compensatory damages within ten days after receiving a copy of this Decree entered by the Court, and will then pay Mr. Campbell $1,250.00 in compensatory damages each subsequent month for six months. Respondent will mail cashier’s checks for these amounts to: Willie Chalmers 592 Bonwood Ave. Memphis, TN 38109
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A copy of the checks will be mailed at the same time to Mr. Owen at the address indicated above.
Gilley Construction will pay Michael Jones $900.00 in back pay, less normal deductions, and $6,600.00 in compensatory damages within ten days after receiving a copy of this Decree entered by the Court, and will then pay Mr. Campbell $1,250.00 in compensatory damages each subsequent month for six months. Respondent will mail cashier’s checks for these amounts to:
Michael Jones 4556 Tammy Cove Memphis, TN 38116 A copy of the checks will be mailed at the same time to Mr. Owen at the address indicated above. Gilley Construction will pay Gary Keefer $900.00 in back pay, less normal deductions, and $6,600.00 in compensatory damages within ten days after receiving a copy of this Decree entered by the Court, and will then pay Mr. Campbell $1,250.00 in compensatory damages each subsequent month for six months. Respondent will mail cashier’s checks for these amounts to: Gary Keefer 3367 Steve St., Apt. 8 Memphis, TN 38111 A copy of the checks will be mailed at the same time to Mr. Owen at the address indicated above.
VI. EMPLOYMENT REFERENCES Gilley Construction agrees that if it receives any requests for employment verification or reference information concerning Velbsy Campbell, Wilie Chalmers, Mike
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Jones, or Gary Keefer (hereinafter referred to as “the alleged discriminatees”); it will require that the request be submitted in writing. It will then respond to the request in writing, and the only information that will be provided will be the alleged discriminatee’s job title, date of hire, last date of employment, the statement that the alleged discriminatee’s job performance was satisfactory, and a statement that it is Gilley Construction’s policy to provide only the preceding information in response to a reference request for any employee.
VII. TRAINING Gilley Construction will provide employment discrimination awareness training to all of its managers, supervisors, and foremen, according to the following terms: (1) The training session will include at least two hours of instruction. (2) The training will include the following topics: what constitutes employment discrimination in violation of Title VII; how to prevent, identify and remedy employment discrimination; what constitutes retaliation in violation of Title VII; Gilley Construction’s policy against employment discrimination and retaliation; and implementation of Gilley Construction’s policy against employment discrimination, including procedures and responsibilities for reporting, investigating, and remedying conduct an employee believes may constitute employment discrimination. (3) Gilley Construction may use an in-house human resources professional to conduct the training session. (4) Within 90 days after receiving a copy of this Decree entered by the Court, Gilley Construction shall submit to the Commission the name, address, and telephone number of the human resources professional, together with the date of the proposed
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training session and a detailed outline of the proposed training. The Commission will have 30 days after the date of receipt of such information to accept or reject the training proposal. The Commission will not unreasonably withhold its approval of the proposal. If the Commission does not approve the trainer designated by Gilley Construction and/or the contents of the training session, the parties will attempt to resolve the matter and, if unsuccessful, submit the dispute to the Court;
(5) The training session will be conducted within 120 days after the date of the entry of this Decree by the Court.
(6) Within twenty days after the completion of this training, Gilley Construction will submit a report to Carson Owen, at the address indicated above, confirming that this training has occurred.
VIII. REPORTING Gilley Construction will submit a report to Carson L. Owen, at the address indicated above, six months after the entry of this Decree, and every six months thereafter during the duration of this Decree. Each report will state the name, race, job title, date of hire, date employment ended (if employment ended), and rate of pay of each non-management employee who was employed by Gilley Construction during the previous six months.
IX. POSTING OF NOTICE Within ten days after receiving a copy of this Decree entered by the Court, Gilley Construction will post the notice which is attached as Attachment A to this Decree for thirty days in conspicuous places upon each of its premises where notices to employees are customarily posted. Within sixty days after receiving a copy of this Decree entered
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Case 2:06-cv-02528-JPM-dkv Document 21 Filed 07/30/2007 Page 7 of 9 by the Court, Gilley Construction will send a letter to Carson Owen, at the address indicated above, verifying that this requirement has been met.
X. ATTORNEY’S FEES AND COSTS The Commission and Gilley Construction will each bear their own attorney’s fees and costs incurred in this lawsuit. SO ORDERED this 30th day of July, 2007.
s/ JON P. McCALLA UNITED STATES DISTRICT JUDGE (Concluded on next page.)
Consented to on behalf of the respective parties: 7

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FOR PLAINTIFF EEOC:
RONALD S. COOPER General Counsel
JAMES LEE Deputy General Counsel
GWENDOLYN YOUNG REAMS Associate General Counsel

FOR DEFENDANT:
s/ Vicki A. Gillley (with permission CLO) VICKI A. GILLEY President GILLEY CONSTRUCTION
COMPANY, INC.

s/ Faye A. Williams (with permission CLO) FAYE A. WILLIAMS Regional Attorney Tennessee Bar No. 011730
s/ Carson L. Owen CARSON L. OWEN Senior Trial Attorney Tennessee Bar No. 009240
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
1407 Union Avenue, Suite 621 Memphis, Tennessee 38104 Telephone No. (901) 544-0133 Fax No. (901) 544-011

s/ W. Kerby Bowling, II (w/permission CLO) W. KERBY BOWLING, II
BOWLING & BOWLING 7936 Players Forest Dr. Memphis, TN 38119 Telephone No. (901) 761-3440 Fax No. (901) 761-3484
ATTORNEYS FOR DEFENDANT

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NOTICE This Notice is being posted as part of an agreement between Gilley Construction Co. (Gilley) and the United States Equal Employment Opportunity Commission (EEOC). EEOC enforces Title VII of the Civil Rights Act of 1964 (Title VII), which prohibits employment discrimination based on race, color, religion, sex, or national origin; the Age Discrimination in Employment Act; the Equal Pay Act; sections of the Civil Rights Act of 1991; and Title I of the Americans With Disabilities Act, which prohibits discrimination against people with disabilities. Title VII also prohibits retaliation against employees for filing charges of discrimination with EEOC. Gilley supports these Federal laws in all respects, and will not take any action against employees or applicants for employment because they have exercised their rights under the law by complaining about discrimination or by filing a discrimination charge with EEOC. Gilley will not allow its employees to be subjected to discrimination or retaliation.
Vicki A. Gilley, President Gilley Construction Co.
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U.S. District Court Western District of Tennessee (Memphis) CIVIL DOCKET FOR CASE #: 2:06-cv-02528-JPM-dkv

CLOSED

Equal Employment Opportunity Commission v. Gilley Construction Co., Inc. Assigned to: Chief Judge Jon Phipps McCalla Referred to: Magistrate Judge Diane K. Vescovo Cause: 42:2000e Job Discrimination (Employment)

Date Filed: 08/17/2006 Date Terminated: 07/30/2007 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

Plaintiff
Equal Employment Opportunity Commission

represented by Carson L. Owen EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 1407 Union Avenue Ste. 621 Memphis, TN 38104 901-544-0133 Fax: 901-544-0111 Email: carson.owen@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Faye A. Williams EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 1407 Union Avenue Ste. 621 Memphis, TN 38104 901-544-0088 Email: faye.williams@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Gwendolyn Young Reams EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 1407 Union Avenue Ste. 621 Memphis, TN 38104 901-544-0136 LEAD ATTORNEY ATTORNEY TO BE NOTICED

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V. Defendant Gilley Construction Co., Inc.

James Lee EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 1407 Union Avenue Ste. 621 Memphis, TN 38104 901-544-0136 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Ronald S. Cooper Equal Employment Opportunity Commission 1407 Union Avenue Suite 621 Memphis, TN 38104 901-544-0133 LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by W. Kerby Bowling, II BOWLING & BOWLING 7936 Players Forest Dr. Memphis, TN 38119 901-761-3440 Fax: 901-761-3484 Email: kbowling@bbalaw.net LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed 08/17/2006
09/11/2006 10/11/2006

# Docket Text
1 COMPLAINT against Gilley Construction Co., Inc. , filed by Equal Employment Opportunity Commission. (Attachments: # 1 Civil Cover Sheet)(cas) (Entered: 08/17/2006)
2 ANSWER to Complaint by Gilley Construction Co., Inc..(Bowling, W.) (Entered: 09/11/2006)
3 SETTING LETTER: Scheduling Conference set for 10/26/2006 09:30 AM in Courtroom 5 - Memphis before Diane K. Vescovo. Please email the proposed joint scheduling order to ECF_Judge_Vescovo@tnwd.uscourts.gov by Monday, October 23, 2006. If the order is approved and filed, the conference will be canceled.Please see Judge Vescovo's Rule 16(b) instructions at www.tnwd.uscourts.gov under Instructions, Procedures and Attachments to Notices.(crv) (Entered: 10/11/2006)

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10/18/2006 10/23/2006
11/01/2006 11/01/2006
11/07/2006
04/18/2007 04/18/2007 04/18/2007 04/18/2007 04/18/2007 04/18/2007 04/18/2007 04/18/2007 04/27/2007 04/30/2007 05/08/2007
05/14/2007

4 REPORT of Rule 26(f) Planning Meeting. (Owen, Carson) (Entered: 10/18/2006)
5 SCHEDULING ORDER: Amended Pleadings due by 12/29/2006. Discovery due by 4/27/2007. Joinder of Parties due by 12/29/2006. Motions due by 5/28/2007.. Signed by Judge Diane K. Vescovo on 10/23/06. (bag, ) (Entered: 10/23/2006)
6 ORDER SETTING TRIAL AND PRETRIAL DATES. Signed by Judge Jon Phipps McCalla on 11/1/06. (McCalla, Jon) (Entered: 11/01/2006)
Set Deadlines/Hearings: Pretrial Order due by 7/30/2007. Jury Trial set for 8/13/2007 09:30 AM in Courtroom 4 - Memphis before Jon Phipps McCalla. Pretrial Conference set for 8/7/2007 09:00 AM before Jon Phipps McCalla. (jae, ) (Entered: 11/02/2006)
7 SETTING LETTER: Jury Trial set for 8/13/2007 09:30 AM in Courtroom 4 Memphis before Jon Phipps McCalla. Pretrial Conference set for 8/7/2007 09:00 AM in Courtroom 4 - Memphis before Jon Phipps McCalla. Pretrial Order due by 4:30 PM on 7/30/2007.(jpw) (Entered: 11/07/2006)
8 MOTION for Protective Order (proposed order submitted) by Equal Employment Opportunity Commission. (Owen, Carson) (Entered: 04/18/2007)
9 NOTICE to Take Deposition of Velsby Campbell by Gilley Construction Co., Inc..(Bowling, W.) (Entered: 04/18/2007)
10 NOTICE to Take Deposition of Gary Keefer by Gilley Construction Co., Inc..(Bowling, W.) (Entered: 04/18/2007)
11 NOTICE to Take Deposition of Willie Chalmers by Gilley Construction Co., Inc..(Bowling, W.) (Entered: 04/18/2007)
12 NOTICE to Take Deposition of Michael Jones by Gilley Construction Co., Inc..(Bowling, W.) (Entered: 04/18/2007)
13 NOTICE to Take Deposition of James Grace by Gilley Construction Co., Inc..(Bowling, W.) (Entered: 04/18/2007)
14 NOTICE to Take Deposition of James Matthews by Gilley Construction Co., Inc..(Bowling, W.) (Entered: 04/18/2007)
15 ORDER granting 8 Motion for Protective Order . Signed by Magistrate Judge Diane K. Vescovo on 4/18/07. (Vescovo, Diane) (Entered: 04/18/2007)
16 MOTION to Extend Deadline (Discovery - proposed order submitted) by Equal Employment Opportunity Commission. (Owen, Carson) (Entered: 04/27/2007)
17 ORDER granting 16 Motion to Extend Discovery Deadline . Signed by Magistrate Judge Diane K. Vescovo on 4/30/07. (Vescovo, Diane) (Entered: 04/30/2007)
18 Second MOTION to Extend Deadline (Discovery Deadline) Proposed Order submitted by Equal Employment Opportunity Commission. (Owen, Carson) (Entered: 05/08/2007)
19 ORDER re 18 Second MOTION to Extend Deadline (Discovery Deadline) filed by Equal Employment Opportunity Commission. Plaintiff's motion is granted and the discovery deadline is extended indefinitely for the sole purpose of taking the

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06/19/2007 07/30/2007 07/30/2007

deposition of William Scrivner. Signed by Magistrate Judge Diane K. Vescovo on 5/14/07. (bag, ) (Entered: 05/14/2007)
20 SETTING LETTER: Pretrial Conference ADVANCED to 7/31/2007 08:45 AM in Courtroom 4 - Memphis before Judge Jon Phipps McCalla. (jpw) (Entered: 06/19/2007)
21 CONSENT DECREE. Signed by Judge Jon Phipps McCalla on 7/30/07. (McCalla, Jon) (Entered: 07/30/2007)
22 JUDGMENT . Signed by Judge Jon Phipps McCalla on 7/30/07. (McCalla, Jon) (Entered: 07/30/2007)

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