IN THE UNITED STATES DISTRICT CO~lR~~URT
FOR THE EASTERN DISTRICT OF ~l"-rRICT ARKANSAS

WESTERN DIVISION

5EP 261999

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Plaintiff,
v.
ARAMARK EDUCATIONAL SERVICES, d/b/a ARAMARK CORPORATION Defendant.

INC.

) JAMES W. McCORMACK, CLERK

) By:------n.OE;";Pc;'flE'iiiCIIIC:-

)

)

CIVIL ACTION NO.

)

LR-C- 99

)

)

COMPLAINT

)

)

JURY TRIAL DEMAND

)

) -;-:~:~ ;.~c~ ass[gr,eci to DistriU •..iu-:g

~T~': :c; ~. :h;:)s"lrut ~ J~(~~e __

)

----~~~~~

NATURE OF THE ACTION
This is an action under Title VII of the Civil Rights Act of 1964, as amended ("Title VIlli), and Title I of the Civil Rights Act of 1991 to correct unlawful employment practices and to provide appropriate relief to Nakia R. Jackson and other female employees, as a class, who have been adversely affected by such practices. Ms. Jackson and other female employees, as a class, were discriminated against by Defendant by being subjected to sexual harassment, caused by the inappropriate sexual actions, overtures and behavior of Terrence Clark, one of Defendant's managers. In addition, Defendant retaliated against Nakia R. Jackson, and female
DOCUMENT Nur BER
JAMES W. McCORMACK CLERK OF COURT

employees, as a class, for engaging in activity protected by Title VII.
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) of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. §2000e,
("Title VII") . 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, Western 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 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}. 4. At all relevant times, Defendant, Aramark Educational Services, Inc., d/b/a Aramark Corporation (" Defendant"), was a corporation doing business in the State of Arkansas and the City of Searcy and has continuously had at least fifteen (15) employees.
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Defendant provides catering and other food services to Harding

University in Searcy.

5. At all relevant times, Defendant 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 VII, 42 U.S.C.

§§2000e(b), (g), and (h).

STATEMENT OF CLAIMS

COUNT I - SEXUAL HARASSMENT

6. More than thirty (30) days prior to the institution of

this lawsuit, Nakia R. Jackson, filed charges of discrimination

with the Commission alleging violations of Title VII by Defendant.

All conditions precedent to the institution of this lawsuit have

been fulfilled.

7.

From on or around January 1, 1997, and continuing,

Defendant has engaged in unlawful employment practices at its

Searcy, Arkansas facility in violation of §703(a) of Title VII, as

amended, 42 U.S.C. §2000e-2(a). The unlawful practices include,

but are not limited to discrimination against Nakia R. Jackson and

other female employees, as a class, on the basis of their sex in

the form of subj ecting them to sexual harassment.

Defendant

failed to take remedial action to protect Ms. Jackson and other

female employees, as a class, from the sexual harassment in the

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workplace.

8. Mr. Clark's conduct included, but was not limited to:

vulgar, sexual comments; requests for sexual favors; sexual

overtures; touching and groping of a sexual nature; and other

egregious sexual behavior directed towards Ms. Jackson and other

female employees. The conduct was unwelcome and pervasive.

On

at least one occasion, Mr. Clark attempted to physically force a

female employee into sexual conduct.

9. Ms. Jackson and other females complained about Mr.

Clark's inappropriate sexual conduct in the workplace to

Defendant's management in Searcy, but Defendant failed to take any

corrective action as a result of the complaints.

Defendant

failed to take prompt remedial action to protect Nakia R. Jackson

and other female employees from sexual harassment.

10. The effect of the practices complained of above has been

to deprive Nakia R. Jackson and other female employees, as a class,

of equal employment opportunities and otherwise adversely affect

their status as employees.

11. The unlawful employment practices complained of above

were and are intentional.

12. Defendant Employer at all relevant times acted with

malice or reckless indifference to the federally protected rights

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of Nakia R. Jackson and other female employees, as a class.

COUNT II - RETALIATION

13. Defendant has engaged in unlawful employment practices at

its Searcy, Arkansas facility in violation of §703(a) of Title VII

of the Civil Rights Act of 1964, as amended, 42 U.S.C. §2000e-2(a)

and §704 of Title VII of the Civil Rights Act of 1964, as amended,

42 U.S.C. §2000e-3. The unlawful practices include, but are not

limited to discrimination against Nakia R. Jackson and other female

employees, as a class, on the basis of retaliation.

Defendant

retaliated against female employees who engaged in activity

protected by Title VII, including, but not limited to retaliation

for complaining about the sexual comments, sexual overtures and

sexual conduct of Terrence Clark.

14. Defendant allowed Mr. Clark to interfere with the work

performance of employees who complained about the sexual

harassment.

15. Defendant allowed Mr. Clark to intimidate employees who

complained about the sexual harassment.

16. Defendant failed to take prompt remedial action to

protect Nakia R. Jackson and other female employees from

retaliation.

17. The effect of the practices complained of above has been

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to deprive Nakia R. Jackson and other female employees, as a class,

of equal employment opportunities and otherwise adversely affect

their status as employees.

18. The unlawful employment practices complained of above

were and are intentional.

19. Defendant Employer at all relevant times acted with

malice or reckless indifference to the federally protected rights

of Nakia R. Jackson and other female employees, as a class.

COUNT III - VIOLATION OF CONSENT DECREE

20. Defendant entered into a consent decree on October 8,

1998, in the case of EEOC and Sumner v. Aramark, Civil Action No.

LR-C-97-1022.

21. The consent decree enjoined Defendant from permitting its

employees to be subjected to a sexually hostile work environment

and enjoined Defendant from retaliating against its employees for

opposing discriminatory practices made unlawful under Title VII of

the Civil Rights Act of 1964, as amended.

PRAYER FOR RELIEF FOR COUNTS It II & III

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

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employment practice which discriminates on the basis of sex and/or retaliation.
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 practices.
C. Order Defendant Employer to make whole Nakia R. Jackson and other female employees 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, reinstatement.
D. Order Defendant Employer to make whole Nakia R. Jackson and other female employees 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 Nakia R. Jackson and other female employees by providing compensation for past and future nonpecuniary losses resulting from the unlawful practices complained of above, including emotional pain, suffering,
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embarrassment, inconvenience, loss of enjoyment of life and humiliation, in amounts to be determined at trial.
F. Order Defendant Employer to pay Nakia R. Jackson and other female employees punitive damages for its malicious and/or reckless conduct, in an amount to be determined at trial.
G. Grant such further relief as the Court deems necessary and proper.
H. Award the Commission its costs in this action.
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JURY TRIAL DEMAND
The Commission requests a jury trial on all questions of fact
raised by its Complaint.
c. GREGORY STEWART
General Counsel

GWENDOLYN YOUNG REAMS

. [ [ W h i t wv/ Associate General Counsel

-0 KATHARINE W. KORES

v

Regional Attorney

TERRY BECK

0

Senior Trial Attorney Ark. Bar #88081
ILtl-k-
PAMELA DIXON Trial Attorney Ark. Bar #95085
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
425 West Capitol Ave., Ste. 625 Little Rock, AR. 72201 Telephone: (501) 324-5539
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 IN THE UNITED STATES DISTRICT COURT

FILED
u.s. DISTRICT COURT

EASTERN DISTRICT ARKANSAS

FOR THE EASTERN DISTRICT OF ARKANSAS

JUL 242000

WESTERN DIVISION

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Plaintiff,
ARAMARK EDUCATIONAL SERVICES, INC. d/b/a ARAMARK CORPORATION Defendant.

)

)

)

)

CIVIL ACTION NO.

)

4: 99CV735GTE

)

)

)

)

)

)

)

CONSENT DECREE
The Equal Employment Opportunity Commission (hereinafter referred to as the ("EEOC") initiated the above-referenced Cause on September 28, 1999, against Aramark Educational Services, Inc. d/b/a Aramark Corporation (the "Defendant") to enforce the provisions of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e et seq. (Title VII), and the Civil Rights Act of 1991, 42 U.S.C. §1981a. The EEOC alleged that the Defendant engaged in unlawful employment practices by subjecting Nakia Jackson and other female employees, as a class, to sexual harassment, caused by the inappropriate sexual actions, overtures and behavior of Terrence Clark, one of Defendant's managers, and tha t Ms. Jackson and other female employees, as a class, were discriminated against in retaliation for engaging in activi ty

protected by Title VII.

This Consent Decree does not constitute an admission by the

Defendant of the allegations of the Complaint.

Defendant

specifically denies the allegations contained in the Complaint.

However, all parties to this action desire to avoid the additional

expense and delay in this litigation of this case.

In the event this proposed Consent Decree is not approved or

does not become final, then it shall not be admissible in evidence

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, the

statements and representations of counsel for all parties, and

hereby approves the Consent Decree.

NOW, THEREFORE, the Court being fully advised in the premises, it is hereby ORDERED, ADJUDGED AND DECREED:

I. JURISDICTION The United States District Court for the Eastern District of Arkansas, Western Division, has jurisdiction over the parties and subject matter of this litigation.

II. SCOPE AND DURATION OF DECREE A. This Consent Decree resolves all issues and claims arising out of Plaintiff's Complaint in this cause, alleging

unlawful employment policies and practices maintained by the Defendant and arising out of Charge No. 251-99-0885 filed by Nakia R. Jackson with the EEOC. This consent decree resolves the claims of Nakia R. Jackson, as well as the class of females who were adversely effected by sexual harassment in Defendant's workplace as alleged in Charge No. 251-99-0885, in Plaintiff's complaint, and other claims of sexual harassment that EEOC is aware of in the Little Rock Area Office. Notwithstanding any provisions contained in this Decree, this agreement shall not be considered in any manner to be disposi tive of any charge now pending before any office of the EEOC other than Charge No. 251-99-0885.
B. The provisions of this Consent Decree shall continue to be effective and binding upon the parties to this action for a period of two years from the date of the entry of this decree except for Section VI. C. (neutral reference) which will be in effect permanently.
III. NON-DISCRIMINATION PROVISIONS A. Defendant, its officers, agents, employees, and all persons acting in concert with the Defendant are hereby enjoined from engaging in any employment practice which has the purpose or effect of discriminating against any employee because of their sex. Defendant is enjoined from permitting its employees to be subjected to a sexually hostile work environment.
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;

B. 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.

C. Defendant agrees to train its supervisors and managers in

the requirements of Title VII of the Civil Rights Act of 1964, as

amended, regarding the prevention of sexual harassment and

retaliation.

D. Defendant will provide a copy of its sexual harassment

policy to all of its employees at the Harding University facility

within thirty (30) days of the entry of this decree.

E. Defendant agrees to conduct a training session on the

prevention of sexual harassment for all the employees at its

Harding University facility.

This training session will be

conducted within ninety (90) days of the entry of this decree.

A list of the employees that attend the training session, a copy of

the syllabus, and a copy of the training materials will be provided

to Plaintiff within thirty (30) days of the training session.

F. Defendant agrees that all reports of sexual harassment

will immediately be conveyed to its Human Resources office in

Dallas, Texas.

G. As part of this agreement with EEOC, Defendant will place

a letter in Terrence Clark's personnel file reflecting that Mr.

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Clark is not eligible for rehire by Defendant.

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 Harding

University facility in Searcy, Arkansas, the notice (poster)

required to be 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 Harding

Universi ty facility in Searcy, Arkansas for a one year period

commencing within ten (10) days after entry of this Decree by the

Court.

The notice will be signed by Charles Liming, District

Manager.

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VI. INDIVIDUAL RELIEF A. Defendant shall not include any reference to the charge of discrimination filed by Nakia Jackson or this litigation in the personnel files of Nakia Jackson, Pam Collier and Tina Smith. B. Defendant shall deliver to Nakia R. Jackson, a certified check made payable to "Nakia R. Jackson" in the amount of $60,000 at the following address within fourteen (14) days after entry of this Decree by the Court:
1203 S. 3~ & Laurel Box 299 Judsonia, AR 72081
C. Defendant shall deliver to Pam Collier, a certified check made payable to "Pam Collier" in the amount of $45,000 at the following address within fourteen (14) days after entry of this Decree by the Court:
108 South First Heber Springs, AR 72543 D. Defendant shall deliver to Tina Smith, a certified check made payable to "Tina Smith" in the amount of $45,000 at the following address wi thin fourteen (14) days after entry of this Decree by the Court: 411 South Sherwood Searcy, AR 72143
E. If Ms. Jackson, Ms. Collier, or Ms. Smith eventually leave the employment of Defendant, Defendant agrees to provide a
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neutral reference to any potential employers who request a job reference. Any such neutral reference shall be identical to the form demonstrated in Appendix B. No mention of Nakia R. Jackson's charge of discrimination or this action will be made as part of the neutral reference.
VII. COSTS Each of the parties shall bear their own costs, including attorneys' fees.

2.tf SO ORDERED THIS

~ DAY

OF

______~~~~--____--___ ,

2000.

UNITED STATES DISTRICT JUDGE

tilS DOCUMENT ENTERED ON DOCKET SHEE'l ""

;OMPLIANCE WITH RULE 58 AND~RCP

\N,-2~~5:l)lJ BY

••

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FOR DEFENDANT:
/!~I/l1.~~ ~OLYN B WITHERSPOO CROSS, GUNTER, WITHERSPOON & GALCHUS, P.C. 500 East Markham, Ste. 200 Little Rock, AR 72201 (501) 371-9999
ARAMARK EDUCATIONAL SERVICES, INC. d/b/a ARAMARK CORPORATION

FOR THE COMMISSION: C. GREGORY STEWART General Counsel GWENDOLYN YOUNG REAMS Associate General Counsel
KATHARINE W. KORES Regional Attorney

Supervisory Trial Attorney

Trial Attorney· EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 425 W. Capitol Ave, Ste. 625 Little Rock, AR 72201 (501) 324-5539
pl~~~Wi~ [)\&-
Trial Attorney (501) 324-5060

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- UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS
Exhibits Attached to Original Document in
Court's Case File

 
 CM/ECF - ARED - LIVE - Docket Report

https://ecf.ared.uscourts.gov/cgi-bin/DktRpt.pl?427387520868926-L_3...

DISC, HDY, TERMED
U.S. District Court Eastern District of Arkansas (Little Rock) CIVIL DOCKET FOR CASE #: 4:99-cv-00735-GTE

EEOC v. Aramark Educational Assigned to: Judge G. Thomas Eisele Demand: $0 Cause: 42:2000e Job Discrimination (Employment)

Date Filed: 09/28/1999 Date Terminated: 07/24/2000 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 Aramark Educational Services, Inc. doing business as Aramark Corporation

Date Filed

#

https://ecf.ared.uscourts.gov/cgi-bin/DktRpt.pl?427387520868926-L_3...
Suite 200 Little Rock, AR 72201 (501) 324-5539 Email: william.cash@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Carolyn B. Witherspoon Cross, Gunter, Witherspoon & Galchus, P.C. - Little Rock Post Office Box 3178 Little Rock, AR 72203-3178 (501) 371-9999 Email: cspoon@cgwg.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Daniel Lee Herrington Friday, Eldredge & Clark, LLP - Little Rock Regions Center 400 West Capitol Avenue Suite 2000 Little Rock, AR 72201-3493 (501) 370-1571 Email: herring@fec.net TERMINATED: 02/16/2000 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Scott J. Lancaster Friday, Eldredge & Clark, LLP - Little Rock Regions Center 400 West Capitol Avenue Suite 2000 Little Rock, AR 72201-3493 (501) 370-1550 Email: Lancast@fec.net TERMINATED: 02/16/2000 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Docket Text

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09/28/1999 11/30/1999 11/30/1999 12/08/1999
01/07/2000 01/27/2000
02/11/2000 02/16/2000
07/24/2000

1 COMPLAINT with jury demand; no summons issued (kjp) Modified on 01/26/2000 (Entered: 09/29/1999)
2 MOTION by defendant to extend time to answer (former empl) (Entered: 12/01/1999)
2 MEMORANDUM by defendant in support of motion to extend time to answer [2-1] (former empl) (Entered: 12/01/1999)
3 ORDER by Judge G. T. Eisele granting deft's motion to extend time to answer [2-1]; answer due 30 days of the entry of this order (cc: all counsel) (former empl) (Entered: 12/09/1999)
4 ANSWER by defendant (former empl) (Entered: 01/10/2000)
5 SCHEDULING ORDER (DOC) setting jury trial for 9:15 on 8/21/00 in Little Rock, AR; discovery due 6/5/00; status report & motions due 6/20/00; pretrial info sheet due 7/21/00 (cc: all counsel) (former empl) (Entered: 01/31/2000)
6 MOTION by defendant to substitute attorney Carolyn B Witherspoon in place of Scott J. Lancaster, Daniel Lee Herrington (former empl) (Entered: 02/14/2000)
7 ORDER by Judge G. T. Eisele granting motion to substitute attorney Carolyn B Witherspoon in place of Scott J. Lancaster & Daniel Lee Herrington for deft Aramark Educational Services, Inc [6-1] (cc: all counsel) (former empl) (Entered: 02/17/2000)
8 CONSENT DECREE: by Judge G. T. Eisele that Court has reviewed the terms of the Consent Decree in light of the applicable laws and regulations, the statements and representations of counsel for all parties, and approves the Consent Decree; all issues and claims are settled; Court has jurisdiction over the parties and subject matter of this litigation; terminating case (cc: all counsel) (bsm) Modified on 07/25/2000 (Entered: 07/25/2000)

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