Case 1:06-cv-0071 I-ODE Document 1-1 Filed 03/28/2006Page 1 of 7

IN THE UNITED STATES DISTRICT COUR;T NORTHERN DISTRICT OF GEORGIAi ATLANTA DIVISION
LUT~,~TH@~;;AS, f.;;erk

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff,

| 06 cv 07
Civil Actioh No.:

COMPLAINT

OGLETHORPE UNIVERSITY, INC. Defendants.

JURY TRIAL DEMAND

NATURE OF THE ACTION

This is an action under Title VII of the Civil Rights Act of 1964 and Title I

of the Civil Rights Act of 1991 to correct unlawful employment practices on the

basis of national origin, and to provide appropriate relief to Alba Hernandez, Eva

Rodriguez and Santa Lopez and a class of other similarly situated employees

affected by such unlawful practices. The Equal Employment Opportunity

Commission (hereinafter referred to as the "Commission") charges that Defendant

Oglethorpe University, Inc. (hereinafter referred to as the "University") engaged

in national origin discrimination by instituting and enforcing a broad "English-

only" rule, against a class of Hispanic employees and other similarly situated

employees who were otherwise satisfactorily performing their jobs, requiring them

to only speak English while at work. The Commission also alleges that Ms. Alba

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Hernandez was discharged in retaliation for opposing this discriminatory "English-only" rule in violation of Title VII.
JURISDICTION AND VENUE 1. Jurisdiction of this Court is invoked pursuant to 28 U.S.C. 9§ 451, 1331, 1337, 1343 and 1345. This action is authorized and instituted pursuant to 99 706(f)(1) and (3) and 707 of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e-5(f)(1)(3) and §2000e-6 ("Title VII") and § 102 of the Civil Rights Act of 1991, 42 U.S.C. §1981a. 2. The alleged unlawful employment practices were and are now being committed within the jurisdiction of the United States District Court for the Northern District of Georgia, Atlanta Division.
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) and 707 of Title VII, 42 U.S.C. § 2000e-5(f)(1) and (3) and 2000e-6. 4. At all relevant times, Oglethorpe University Inc. has continuously been a domestic non-profit corporation doing business in the State of Georgia,

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Dekalb county and has continuously had at least 15 employees. 5. At all relevant times, Oglethorpe University, Inc. 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, Alba Hernandez, Santa Lopez and Eva Rodriguez filed charges with the Commission alleging violations of Title VII by the University. All conditions precedent to the institution of this lawsuit have been fulfilled. 7. Since approximately August 2003, the University has engaged in unlawful employment practices in violation of §§ 703,704, and 707 of Title VII, 42 U.S.C. §§ 2000e-2 and e-3 and 6. These practices have included, but are not limited to, the following:
a. The University has unlawfully discriminated against a class of Hispanic employees and other similarly situated employees by establishing and enforcing an "English-only" rule requiring all Hispanic housekeeping employees, who did not speak English and who had a limited English vocabulary and others in the class who were not fully or at all proficient in the English language, to receive all communications and instructions from their managers in only English and to
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only speak to each other in English at all times during their shift at the University. More specifically, after August 2003, Manuel (Manny) Bonilla, the University’s supervisor for the housekeeping staff and a multilingual individual who is also fluent in Spanish, would only communicate to the housekeeping staff in English, threatened to terminate any Hispanic employee or others in the class who did not speak or learn to speak and write in English within sixty days; and constantly reprimanded Alba Hemandez, Eve Rodriquez and Santa Lopez for speaking to him in Spanish.
b. The University also retaliated against Alba Hemandez for opposing the enforcement of its discriminatory "English-only" rule. More specifically, after Ms. Hemandez openly opposed the enforcement of the University’s English-only rule, her work performance was unjustly criticized and she was excessively reprimanded until the University discharged her.
8. The effect of the practices complained of above has been to deprive Alba Hernandez, Eva Rodriguez, Santa Lopez and a class of other similarly situated employees of equal employment opportunities and otherwise adversely affect their status as employees because of their national origin.
o The unlawful employment practices complained of above in paragraph 7 were and are intentional.
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10. The unlawful employment practices complained of above in paragraphs 7 were and are done with malice or with reckless indifference to the federally protected rights of Alba Hernandez, Eva Rodriguez, Santa Lopez and a class of other similarly situated employees.
PRAYER FOR RELIEF Wherefore, the Commission respectfully requests that this Court: A. Grant a permanent injunction enjoining the University, its officers, successors, assigns, and all persons in active concert or participation with them, from engaging in employment practices which discriminate on the basis of national origin and unlawful retaliation. B. Order the University to institute and carry out policies, practices, and programs which provide equal employment opportunities and which eradicate the effects of the University’s past and present unlawful employment practices. C. Order the University to make whole Alba Hernandez, Eva Rodriguez, Santa Lopez and other similarly situated 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 their unlawful employment practices, including, but not limited to, front pay and reinstatement. D. Order the University to make whole Alba Hernandez, Eva Rodriguez,

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Santa Lopez and other similarly situated employees by providing compensation for past and future pecuniary losses resulting from the unlawful employment practices described above in paragraph 7, in amounts to be determined at trial.
E. Order the University to make whole Alba Hernandez, Eva Rodriguez, Santa Lopez and other similarly situated employees by providing compensation for past and future non-pecuniary losses resulting from the unlawful practices complained of above in paragraph 7, including emotional pain and suffering, inconvenience, and humiliation, in amounts to be determined at trial.
F. Order the University to pay Alba Hernandez, Eva Rodriguez, Santa Lopez and other similarly situated employees punitive damages for its malicious and reckless conduct described above, in amounts 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.

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Respectfully submitted,
James L. Lee Deputy General Counsel
Gwendolyn Y. Reams Associate General Counsel
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 1801 L Street NW Washington D.C. 20507

Acting Regional Attorney Georgia Bar No. 417300

~aak~’sha Duckett Trial Attorney

~

/Bar No. 231641

---(15amelfa,Ai~eorgd .. Trial Attorney//
Louisiana Bar No. 16784

Equal Employment Opportunity Commission- Atlanta District Office 100 Alabama Street, Suite 4R30 Atlanta, GA 30303 (404) 562-6932 - phone (404) 562-6905 - fax

7

 
 Case 1:06-cv-0071 I-ODE Document 6 Filed 05/18/2006 Page 1 of 24

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF GEORGIA
ATLANTA DIVISION

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,

Plaintiff,
and
ALBA.HERNANDEZ, EVA RODRIGUEZ, and SANTA LOPEZ,

Civil Action No.: 1:06-CV-0711 JURY TRIAL DEMANDED

Plaintiffs in Intervention,

V.

OGLETHORPE UNIVERSITY, Defendant.

COMPLAINT IN INTERVENTION

PRELIMINARY STATEMENT 1. This is an action under Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C § 2000e ("Title VII") and Title I of the Civil Rights Act of 1991, to correct unlawful employment practices on the basis of national origin and to provide appropriate relief for Plaintiffs Alba Hemandez ("Hemandez"), Eva Rodriguez ("Rodriguez"), Santa Lopez ("Lopez," and together.with Hemandez and Rodriguez, the "Plaintiffs"), and a class of other similarly situated employees affected by such unlawful practices.
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JURISDICTION,..VENUE AND PREREQUISITES TO SUIT

2. This Court has jurisdiction over this action pursuant to 28 U.S.C. §§

451, 1331, 1337 and 1343. This action is authorized and instituted pursuant to §

706(f)(1) and (3) of Title VII and Section 102 of the Civil Rights Act of 1969, 42

U.S.C. § 1981A.

3. Plaintiffs’ claims for declaratory and injunctive relief are authorized

by 28 U.S.C. §§ 2201 and 2202.

4. Venue is proper in this district pursuant to 28 U.S.C. § 1391 (b), 42

U.S.C. §2000e-5(f)(3) and LR 3.1 (B)(3). The employment practices alleged to be

unlawful were and are now being committed within the jurisdiction of the United

¯ States District Court for the Northern District of Georgia.

5. Title VII’s procedural prerequisites to suit have been met by the filing

of charges with the Equal Employment Opportunity Commission (hereinaiter the

"Commission").

JURY DEMAND

6. Plaintiffs demand trial by jury in this action on each and every one of

its claims, and on all issues triable to a jury.

PARTIES

7.. Plaintiff, the Commission, is an agency of the United States of

America charged with the administration, interpretation and enforcement of Title
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VII and is expressly authorized to bring this action by 706(f)(1) and.(3) of Title VII, 42 U.S.C. § 2000e-5(f)(1) and (3).
8. Plaintiff Hernandez is Latina, resides in the United States and was employed by Defendant at all times relevant hereto.
9. Plaintiff Rodriguez is Latina, resides in the United States and was employed by Defendant at all times relevant hereto.
10. Plaintiff Lopez is Latina, resides in the United States and was employed by Defendant at all times relevant hereto.
11. Defendant Oglethorpe University ("Defendant" or "Oglethorpe"), is a domestic non-profit corporation. At all relevant times, Oglethorpe has continuously been doing business in the State of Georgia and the City of Atlanta and has continuously had at least fifteen employees.
12. At all relevant times, Defendant has continuously been 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).
FACTUAL ALLEGATIONS Defendant’s Policies or Practices of Discrimination
13. Oglethorpe has implemented, enforced, encouraged and sanctioned policies and employment practices that discriminate on the basis of national origin and are in violation of §§ 703 and 704 of Title VII, 42. U.S.C. §§ 2000e-2 and
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2000e-3. The policies and practices include: (1) imposing English-only and English-proficiency policies on Plaintiffs and other Latina housekeepers not proficient in English; (2) harassing Plaintiffs in the course of purporting to enforce these policies; (3) retaliating against Plaintiff Hernandez for filing EEOC charges; and (4) constructively and / or wrongfully discharging Plaintiffs.
14. Oglethorpe’s English-only and English-proficiency policies and employment practices have had an adverse, disproportionate impact on Plaintiffs based on their national origin.
15. Oglethorpe’s manner of enforcing their English-only and Englishproficiency policies reveals a discriminatory intent. On information and belief, Asian and European housekeepers were not given an ultimatum to learn English within 60 days or be terminated. Likewise, they were not asked to sign acknowledgments certifying that .they need to be 40-50% proficient in English to perform their housekeeping duties. Factual Allegations Pertaining To AH Three Individual Plaintiffs
16. The Pla~tiffs are monolingual Spanish speakers not proficient in English.
17. Each of the three Plaintiffs interviewed with Manuel Bonilla (hereinafter "Bonilla"), Housekeeper Supervisor, for their housekeeping positions with Oglethorpe. Bonilla was aware that Plaintiffs were not proficient in English.
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Bonilla, who is Latino and speaks fluent Spanish, conducted each interview in Spanish and helped each Plaintiff complete her job application which was in English. At no time during the interviews did Bonilla mention an English-only policy or a 40-50% English proficiency policy to qualify for the housekeeping position.
18. While employed at Oglethorpe, each Plaintiff performed the essential tasks of her job satisfactorily without being proficient in English.
19. Before August 2003, it. was standard practice for Bonilla to communicate with Plaintiffs in Spanish. In August 2003, Bonilla told Plaintiffs they had to leam English within 60 days or they would be terminated. Bonilla¯ informed Plaintiffs that this new English-only policy originated from his supervisor.
20. Under this new English-only policy, Plaintiffs were required to speak to and receive instructions from Bonilla and other supervisors only in English. Bonilla also required Plaintiffs to speak only English in performing job tasks, speaking to co-workers, while requesting vacation and medical leave, and in performing non-job related tasks.
21. Starting in August 2003, BonilIa refused to speak Spanish. to Plaintiffs in public and would pretend not to understand them when they spoke in Spanish. Bonilla ridiculed Plaintiffs in front of, and alienated Plaintiffs from, their co-
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workers because of their national origin, and even disallowed interpreters to assist Plaintiffs while at Oglethorpe.
22. Moreover, and as specifically set forth below ineach individual Plaintiff’s factual allegations, several months after Plaintiffs were hired and were already performing their duties satisfactorily, Bonilla forced Plaintiffs to sign an acknowledgement stating they knew that they were required to speak and understand a minimum of 40-50% English to be qualified as a housekeeper.
23. Defendant asked Plaintiffs to take English classes after work to keep their jobs and recommended they take classes from their supervisor, Bonilla, or the wife of another supervisor, for $12 to $20 an hour. Each Plaintiff at that time was paid approximately $7125 an hour.
24. On September 23, 2003, Plaintiffs filedEEOC Charges against Defendant Oglethorpe University for implementing and enforcing English-only and English-proficiency policies in violation of Title VII.
25. Oglethorpe received formal notice of Plaintiffs’ charges on October 2, 2003.
26. Sometime after Defendant was informed of Plaintiffs’ EEOC charges, Bonilla began pressuring Plaintiffs to clean faster and better, watching and scrutinizing Plaintiffs’ work more closely, and negatively changing or adding to
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their regularly scheduled work which worsened their working conditions and jeopardized Plaintiffs’ health and physical safety.
27. Onnumerous occasions, Bonilla improperly docked Plaintiffs’ work time and pay, and refused to properly account for or authorize vacation and sick time.
28. Upon information .and belief, Bonilla’s supervisors and other management personnel at Oglethorpe were aware and approved of these discriminatory employment policies and practices. Specific Factual Allegations of Alba lrlernandez
29. On August 1, 2001 Hemandez began employment with Defendant as a housekeeper in charge of cleaning the University.
30. Two years later, in August 2003, Ms. Hernandez was notified¯ that she had 60 days to learn English or she would be terminated.
31. In August 2003, Ms. Hernandez discovered that she had signed a written acknowledgement stating that she knew that she was required to speak and understand a minimum of 40-50% English to be qualified asa housekeeper. Although the acknowledgement is in Spanish, Ms. Hernandez only recalled being forced to sign something similar in English, of which she did .not understand its content¯.
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32. Ms. Hemandez was sent home twice without pay sometime during the pay periods of August 17, 2003 and August 31, 2003 for notbeing able to speak English. Ms. Hemandez was temporarily fired on one of.those occasions, and at that time went with an interpreter to notify Linda Bucki, general supervisor, that she was being fired for not being able to speak English. Ms. Bucki, through the interpreter, told Hemandez that Oglethorpe did indeed have an English-only policy and an English-proficiency policy and that Ms. Hernandez had to learn English or would be terminated. Ms. Bucki, however, allowed Ms. Hemandez to retum to work the next day because she was a hard worker.
33. After filing her EEOC.charge, Ms. Hemandez was subjected to discriminatory and retaliatory actions, including but not limited to the following:
On more than one occasion, Ms. Hernandez was not allowed to use cleaning machines which she had previously used and which made cleaning quicker and easier, but was instead forced to clean areas manually. o On more than one occasion, Bonilla harassed and threatened to send.Ms. Hemandez home because she could not speak English. o In October 2003, Bonilla requested in English that Mines. Hernandez and Rodriguez provide him with work authorization, although Mmes. Hernandez and Rodriguez had previously tendered their work
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authorization and were not legally required to tender it again. When they did not understand what he was asking for in English, he gave them a written paper in English and a Spanish-English dictionary and derisively told them to look up the meaning of his note. Upon information and belief, other housekeeping employees were not asked for their immigration documents. On or about January 20, 2004, Ms: Hemandez was sent home for using a Spanish-English dictionary to fill out a work order in English, even though she was attempting to address Bonilla’s. previous reprimands regarding submission of work orders in Spanish when no translator was available. On January 23, 2004, Bonilla demanded Ms. Hemandez use concentrated bleach to remove a stain in a toilet that would not come out with other cleaning products. Despite Ms. Hemandez’ pleas, Bonilla refused to allow her to retrieve and use work gloves which would have protected ¯ her hands from the bleach product. Ms. Hemandez suffered breathing problems and sustained chemicals bums to her hands as a result of her prolonged exposure to the bleach, and had to seek immediate medical treatment.
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34. Ms. Hemandez was fired on February 10, 2004 without a verifiable reason. Bonilla informed her in Spanish that she was being fired for allegedly stealing, selling drugs to Oglethorpe students and falsifying documents, although Bonilla’s false accusations were without any corroboration or evidence. Before firing Ms. Hemandez, Bonilla stated in Spanish that she "was a threat to him and the University."
35. While being terminated on February 10, 2004 for the abovementioned reasons, Ms. Hemandez was also handed a letter dated February 5, 2004, which warned .her that .she would be fired for any future alleged acts of insubordination. This was the first time Ms. Hemandez had seen this letter, although it was dated five days earlier. Moreover, on February 19, 2004, MALDEF received a letter from Oglethorpe’s counsel, King & Spalding, LLP, which claimed that on the date of Ms. Hernandez’ alleged termination she had received a letter dated February 10, 20.04, with substantially similar information to the February 5, 2004 letter. Ms. Hernandez was never presented with this February 10t~ letter from Defendant. Specific Factual Allegations of Eva Rodriguez
36. On .January 2001, Ms. Rodriguez began employment with Defendant as a housekeeper in charge of cleaning the University.
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37. Two and a half years later~ in August 2003, Ms. Rodriguez was notified that she had 60 days to learn English or she would be terminated.
38. In August 2003, Ms. Rodriguez discovered that she had signed a written acknowledgement stating that she knew that she was required to speak and understand .a minimum of 40-50% English to be qualified as a housekeeper. Although the acknowledgement is in Spanish, Ms. Rodriguez only recalled being forced to sign something similar in English, of which she did not understand its content.
39. As a result of the English-only and English-proficiency policies, Ms. Rodriguez was denied better cleaning assignments commensurate with her job seniority. Bonilla threatened in Spanish to take away Ms. Rodriguez’ regularly assigned building and reassign her to another building with more bathrooms to clean because she was not proficient in English. Bonilla gave no explanation for why English proficiency was required for the better job assignments.
40. Sometime during the Fall of 2003, Bonilla received a call from Ms. Rodriguez’s doctor. Bonillatold Ms. Rodriguez the doctor’s message in English, and when she could not understand and asked Bonilla to translate the message into Spanish, he replied in Spanish that she had to learn English and told her to go home. Fearing that being sent home was tantamount to being fired, Ms. Rodriguez refused to go home and finished out her work day.
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41. Ms. Rodriguez suffered physical injuries,, as well as extreme emotional distress and diabetes-related illnesses because of the discrimination she suffered at work. On August 4, 2004, Ms. Rodriguez was sent to the hospital because she was shaking uncontrollably at work. The doctor recommended she take an unspecified leave of absence from work because of her severe exposure to stress causing intense anxiety. Ms. Rodriguez was compelled to resign from Oglethorpe after the doctor’s visit because she feared her health would further deteriorate due to the discrimination she was experiencing at work. Specific Factual Allegations of Santa Lopez
42. On January 30, 2003, Ms. Lopez began employment with Defendant as a housekeeper in charge of cleaningthe University.
43. Around August 2003, Bonilla threatened Ms. Lopez with a requirement that she sign a written acknowledgment stating that she knew that she was required to speak and understand a minimum of 40-50% English to be qualified as a .housekeeper.
44. Ms. Lopez was notified in July or August 2003 .that she had 60 days to learn English or she would be terminated.
45. Aider Ms. Lopez .filed her EEOC charges, Bonilla began to consistently increase her workload. On August 30, 2004, Bonilla assigned Ms. Lopez and another co-worker the task of cleaning a three-story building in one and
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a half hours. Ms. Lopez was required to carry heavy garbage bags and equipment up and down three flights of stairs, and owing to the extreme time constraints imposed, Ms. Lopez injured her leg while walking down the stairs. Ms. Lopez was not able to return to work for a few weeks, but notified Bonilla each day she. was absent and even presented a doctor’s note. When Ms. Lopez presented herself to work on September 20, Bonilla informed her she was no longer employed at ¯ Oglethorpe;
LEGAL CLAIMS / CAUSES OF ¯ACTION First Claim for Relief
Violations of Title VII / Unlawful Policies and Practices Against Ms. Hernandez
46. Plaintiffs repeat and reallege the allegations of all previous paragraphs as if .fully set forth herein.
47. Defendant was Ms. Hemandez’ "employer" within the meaning of Title VII.
48; Ms. Hemandez is Latina and a monolingual Spanish speaker not proficient in English.
49. Oglethorpe’s English-only and English-proficiency policies and employment practices constitute unlawful employment practices in violation of §§ 703 and 704, of Title VII, 42 U.S.C. §§ 2000e-2 and 2000e-3.
50. Defendant’s conduct caused Ms. Hernandez damages. -13-

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Second Claim for Relief Violations of Title VII / Hostile Work Environment. Against Ms. Hernandez
51. Plaintiffs repeat and rcallege the allegations of all previous paragraphs as if fully set forth herein.
52. Defendant was Ms. Hemandez’ "employer" within the meaning of Title VII.
53. Ms. Hemandez is Latina and a monolingual Spanish speaker not proficient in English.
54. Ms. Hemandez was subjected to harassment by Defendant by words and/or actions based on national origin.
55. The harassment was sufficiently severe or pervasive to alter the terms and conditions of employment to create an objectively intimidating, hostile, and/or abusive work environment.
56. Defendant is responsible for the abusive work environment and engaged in this discriminatory conduct intentionally, with malice and/or with reckless indifference to Ms. Hemandez’ federally protected rights.
57. Defendant’s conduct caused Ms. Hemandez damages. Third Claim for Relief
Violations of Title VII / Retaliation Against Ms. Hernandez 58. Plaintiffs repeat and reallege the allegations of all previous paragraphs as if fully set forth herein.
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59. Ms. Hernandez engaged in a statutority protected activity, namely, filing a charge of discrimination with the Commission.
60. Defendant took adverse employment actions against Ms. Hernandez. 61. A casual link existed between the protected activity and the adverse action. 62. Defendant engaged in this discriminatory conduct intentionally, with malice and/or with reckless indifference to Ms. Hernandez’ federally protected rights. 63. Defendant’s conduct caused Ms. Hernandez damages.
Fourth Claim for Relief Violations of Title VII / Wrongful Discharge of Ms. Hernandez ¯ 64. Plaintiffs repeat and reallege the allegations of all previous paragraphs as if fully set forth herein. 65. Defendant terminated Ms. Hernandez’ employment because of employment practices and policies related to her national origin. 66. Defendant engaged in this discriminatory conduct intentionally, with malice and/or with reckless indifference to Ms. Hernandez’ federally protected rights. 67. Defendant’s conduct caused Ms. Hemandez damages.
Fifth Claim for Relief Violations of Title VII / Unlawful Policies and Practices Against Ms..
Rodriguez r15-

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68. Plaintiffs repeat and reallege the allegations of all previous paragraphs as if fully set forth herein.
69. Defendant was Ms. Rodriguez’ "employer" within the meaning of Title VII.
¯70. Ms. Rodriguez is Latina and a monolingual Spanish speaker not proficient in English.
71. Oglethorpe’s English-only and ¯English-proficiency policies and employment practices constitute unlawful employment practices in violation of §§ 703 and 704, of Title VII, 42 U.S.C. §§ 2000e-2 and 2000e-3.
72.¯ Defendant’s conduct caused Ms. Rodriguez damages. Sixth Claim for Relief
Violations of Title VII / Hostile Work Environment Against Ms. Rodriguez 73, Plaintiffs repeat and reallege the allegations of all previous paragraphs
as if fully set forth herein. 74. Defendant was Ms. Rodriguez’ "employer" within the meaning of
Title VII. 75. Ms. Rodriguez is Latina and a monolingual Spanish speaker not
proficient in English. 76. Ms. Rodriguez wassubjected to harassment by¯ Defendant by words
and/or actions based on national origin.

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77. The harassment was sufficiently severe or pervasive to alter the terms and conditions of employment to create an objectively intimidating, hostile, and/or abusive work environment.
78. Defendant is responsible for the abusive work environment and engaged in this discriminatory conduct intentionally, with malice and/or with reckless indifference to Ms. Rodriguez’ federally protected rights.
79. Defendant’s conduct caused Ms. Rodriguez damages. Seventh Claim for Relief
Violations of Title VII / Constructive Discharge of Ms. Rodriguez 80. Plaintiffs repeat and reallege the allegations of all previous paragraphs as if fully set forth herein. 81. Defendant engaged in discriminatory conduct intentionally, with malice and/or with reckless indifference to Ms. Rodriguez’ federally protected rights. 82. Ms. Rodriguez’ working conditions at Oglethorpe were so intolerable that a reasonable person in Ms. Rodriguez’ shoes would have felt compelled to resign. 83. Ms. Rodriguez resigned in reasonable response to Oglethorpe’s adverse action of officially.changing her employment situation, including a transfer and reassignment of additional duties in which Ms. Rodriguez faced unbearable working conditions.
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84. Defendant’s conduct caused Ms. Rodriguez damages. Eighth Claim for Relief
Violations of Title VII / Unlawful Policies and Practices Against Ms. Lopez 85. Plaintiffs repeat and reallege the allegations of all previous paragraphs
as. if fully set forth herein. Defendant was Ms. Lopez’s "employer" within the meaning of Title
87. Ms. Lopez is Latina and a monolingual Spanish speaker not proficient in English.
88. Oglethorpe’s English-only and English-proficiency policies and employment practices constitute unlawful employment practices in violation of §§ 703 and 704, of Title VII, 42 U.S.C. §§ 2000e-2 and 2000e-3.
89. Defendant’s conduct caused Ms. Lopez damages. Ninth Claim for Relief
Violations of Title VII / Hostile Work Environment Against Ms. Lopez 90. Plaintiffs repeat and reatlege the allegations of all previous paragraphs
as if fully set forth herein. 91, Defendant was Ms.. Lopez’s "employer" within the meaning of Title
VII. 92. Ms. Lopez is Latina and a monolingual Spanish speaker not proficient
in English.
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93. Ms. Lopez was subjected to harassment by Defendant by words and/or actions based on national origin.
94. The harassment was sufficiently severe or pervasive to alter the terms and conditions of employment to create an objectively intimidating, hostile, and/or abusive work environment.
95. Defendant is responsible for the abusive¯ work environment and engaged in this discriminatory conduct intentionally, withmalice and/or with reckless indifference to Ms. Lopez’ federally protected rights.
96; Defendant’s conduct caused Ms. Lopez damages. Tenth Claim for Relief
Violations of Title VII / Wrongful Discharge of Ms. Lopez 97. Plaintiffs repeat and reallege the allegations of all previous paragraphs as if fully .set. forth herein. 98.¯ Defendant terminated Ms. Lopez’ employment because of employment practices and policies related to her national origin. 99. Defendant engaged in this discriminatory conduct intentionally, with malice and/or with reckless indifference to Ms. Lopez’¯ federally protected rights. 100. Defendant’s conduct caused Ms. Lopez damages:
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Eleventh Claim for Relief Violations of Title VII / Constructive Discharge of Ms. Lopez (in the
alternative) 101. Plaintiffs repeat and reallege the allegations of all previous paragraphs as if fully set forth herein. 102. Defendant engaged in discriminatory conduct intentionally, with. malice and/or with reckless indifference to Ms. Lopez’ federally protected rights. 103. Ms. Lopez’ working conditions at Oglethorpe were so intolerable that a reasonable person in Ms. Lopez’ shoes would have felt compelled to resign. 104. Alternatively, Ms. Lopez resigned in reasonable response to Oglethorpe’s adverse action of officially changing her employment situation, including a transfer and reassignment of additionalduties in which Ms. Lopez faced unbearable working conditions.
PRAYER WHEREFORE, the Plaintiffs respectfully pray that this Court will: 1. Issue a judgment declaring that (a) Defendant’s English-only and English-proficiency policies as enforced constitute national origin discrimination in violation of Title VII, (b) Defendant created an abusive and hostile work environment for Plaintiffs, (c) Defendant retaliated against Ms. Rodriguez for filing EEOC charges and (d) Defendant constructively and / or wrongfully discharged Plaintiffs;
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2. Issue an order enjoining the Defendant and its officers, agents, successors, employees, representatives, and any and all persons acting in concert with them, from continuing or engaging in each of the unlawful policies, practices, customs and usages set forth herein;
3. Issue an order requiring Defendant to institute new appropriate policies, practices, and programs to rectify its current policies, practices and/or customs and ensure that the constitutional violations do not continue, and to notify and train all its employees and supervisors regarding the same;
4. Issue an ¯order requiring Defendant to expunge all adverse employment actions or records of Plaintiffs Hernandez, Rodriguez and Lopez relating to the English-only and English-proficiency policies;
5. Award named Plaintiffs Hernandez, Rodriguez and Lopez compensatory damages in amounts that are fair, just and reasonable, including compensation for unpaid¯ overtime and any unlawfully subtracted sick and vacation pay earned;
6. Award¯named Plaintiffs Hernandez, Rodriguez and¯ Lopez front-pay and back-pay (including interest and benefits) in amounts that are fair, just and reasonable;
-21-

Case 1:06-cv-00711 -ODE Document 6 Filed 05/18/2006 Page 22 of 24
7. Award all damages sustained as a result of Defendant’s conduct, including damages for emotional distress, humiliation, embarrassment, and anguish, according to proof;
8. Award named Plaintiffs Hernandez, Rodriguez and Lopez punitive and exemplary damages in an amount commensurate with Defendant’s ability to pay and to deter future conduct;
9. Award all Plaintiffs, reasonable attorneys’ fees and costs; 10. Award pre-judgment and post-judgment interest, as provided by law; 11. ¯Award such other and further legal and equitable relief as this Court deems necessary, just and proper.
-22-

Case 1:06-cv-0071 I-ODE Document 6 Filed 05/18/2006 Page 23 of 24
Respectfully submitted this ~ day o.f April, 2006, MEXICAN AMERICAN LEGAL DEFENSE AND EDUCATIONAL FUND
-Ti~a R. Tallman, Regional Counsel Georgia Bar No. 696949 ¯ 41 Marietta Street, Suite 1000 Atlanta, GA 30303 Tel: (678) 559-1071 Fax: (678) 559-1079
ATTORNEY FOR PLA1NTIFFS-INTERVENORS ALBA HERNANDEZ, EVA RODRIGUEZ AND SANTA LOPEZ

Case 1:06-cv-0071 I-ODE Document 6 Filed 05/18/2006 Page 24 of 24
CERTIFICATE OF SERVICE
A copy of the foregoing Complaint in Intervention was placed this day in the United States mail, postage prepaid and addressed to:
Darren Shuler, Esq. King & Spalding LLP 19I Peachtree St. Atlanta, GA 30303 Counsel for Defendant Robert Dawkins, Esq. Regional Attorney Lakisha Duckett, Esq. Trial Attorney Pamela Alfred-George, Esq. Trial Attorney U.SI Equal Employment Opportunity Commission Atlanta District Office Sam Nunn Atlanta Federal Center 100 Alabama Street, SW, Suite 4R30 Atlanta, Georgia 30303 Counsel for Plaintiff
Signed this ]] ~ day of April, 2006
Tishfi~ R. Tallrr~an --

 
 i
u .~.~.~ . A tie.rlra

IN THE UNITED STATES DISTRIC T COURT FOR THE NORTHERN DISTRICT OF GE4RG
ATLANTA DIVISION~~ ~

207
~~:

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,

Pl aintiff,

and

ALBA HERNANDEZ, EVA RODRIGUEZ and SANTA LOPEZ,
Plaintiff-Ynterve ners,

CIVIL ACTION NO: 1 :06-CV-0711-ODE

v.

}

OGLETHORPE UNIVERSITY ,

}

Defendant .

}

CONSENT DECREE ~.. .
This action was instituted by the Equal Employment Opportunity Commission (hereinafter, the "EEOC") against Defendant Oglethorpe Uni (hereinafter the "Defendant") pursuant to Section 706(f)(a) and (3) of Title VII, i
1
the Civil Rights Act of 1964, as amended 42 U.S.C. § 2000e et seq . (hereinafter referred to as "Title VII") and the Civil Rights Act of 1991, 42 U .S .C . § 1981(a) remedy the alleged wrongful employment practices identified in the Complaint filed in this action .
This Court has jurisdiction of the subject matter of this action and of the

parties to this action.
i
The Commission alleges in the foregoing civil action that the Defendant acted unlawfully by subjecting the Charging Parties to discrimination based upon national origin and retaliation in violation of Title VII . In its Complaint, the Commission sought make whole relief including, but not limited to, damages, punitive damages, injunctive and other affirmative relief The filed its Answer denying the allegations made by the Commission . Defendant disputes and denies any liability to the Commission or to any other person(s) . agreement is not to be deemed or construed to be an admission of liability or wrongdoing by Defendant but constitutes the good faith settlement of a disputed claim .
All of the parties to this action desire to avoid the additional expense, dela and uncertainty which would result from the continuance of this litigation and desire to formulate a plan to be embodied in a Consent Decree which will and effectuate the purposes of Title VII .
This Court has reviewed the terms of the proposed Consent Decree in li of the pleadings and the applicable law and regulations, and has approved this Consent Decree as one which will promote and effectuate the purposes of Title VII .
Now, therefore, this Court, being fully advised in the premises, it is here

ORDERED, ADJUDGED AND DECREED : I. DISCLAIMER OF VIOLATION
It is understood and agreed that the negotiation, execution and entry of thi : Consent Decree, and the undertakings made by Defendant hereunder, are in settlement and compromise of disputed claims of national origin discrimination and retaliation, the validity of which Defendant denies . Neither the negotiation,

execution nor entry of this Consent Decree shall constitute an acknowledgment admission of any kind by the Defendant that its officers, agents or employees

violated or have not been in compliance with Title VII or any rules and regulati issued under or pursuant to Title VII or any other applicable law, regulation or

order .

II. NON-DISCRIMINATION AND NON-RETALIATION

Defendant shall not discriminate against any employee or affected group member in any aspect of employment on the basis of national origin and shall retaliate against any person because that person is a benefi ciary of the Consent Decree, or has provided information or assistance, or has participated in any

manner in any investigation or proceeding relating to this Consent Decree . Defendant, to ensure equal opportunity in the employment process, shall
make all decisions affecting hiring, promotion, compensation, job assignment, and disability leave, discharge and other terms, conditions and privileges of

3

employment, without regard to race, color, sex, religion or national origin . The Defendant shall not retaliate or take any adverse action against other persons in the future because of their opposition to practices they believe are in violation of Tile VII or because of their participation in the investigation of the charge or, prosecution of this litigation .
111. NOTICES TO BE POSTED: INSTRUCTION TO MAN. Defendant shall keep posted the notice required to be posted pursuant to
Section 711 of Title VII, and, for at least two (2) years immediately following entry of this Decree, shall also keep conspicuously posted a copy of the notice tacked to this Decree at Defendant's facilities . Within forty-five (45) days from the entry of this decree, Defendant shall instruct its management and personnel regarding the full meaning of those notices and this Consent Decree . The posting required by this paragraph shall be conspicuously made on bulletin boards or locations selected so that each employee at the facilities will observe least one such posting when at the facility . Defendant shall certify the of the posting and instruction to the Commission within forty-five (45) days the entry of this Consent Decree . All written certification required by this shall be addressed to Robert Dawkins, Regional Attorney, EEOC Atlanta Office, 100 Alabama Street, Suite 4R30, Atlanta, Georgia 30303 .
Defendant shall not withhold the right of the Commission to enter upon

Defendant's premises, with reasonable notice, to monitor compliance with this Section. Should the Notice become defaced, marred, or otherwise unreadable, Defendant shall ensure that a new, readable copy of the Notice is posted in the same manner as heretofore specified .
IV. INSTRUCTION TO MANAGEMENT Within forty-five (45) days from the entry of this Decree, Defendant shall certify, in writing, to the EEOC that all management and supervisory personnel who are currently employed at its facility or facilities have been instructed as to terms of this Consent Decree (other than the monetary amount of the settlementt and the full meaning of the provisions of the Notice to be posted, and that Defendant has reaffirmed with these employees that employment decisions are of to be made on any basis that is prohibited by Title VII . All written certification required by this Section shall be addressed to the Regional Attorney at the EE06 Atlanta District Office at the above-referenced address .
V. REPORTING REQUIREMENT For the duration of the term of this Decree, Defendant agrees that any complaint arising at its Georgia location(s), and brought to the attention of management by any employee(s) against any other employee(s) or manager(s) alleging discrimination on the basis of national origin and/or retaliation shall be reported to the Regional Attorney of the EEOC Atlanta District Office . Every

months for the duration of this Consent Decree, Defendant shall certify, in form, a summary report to the Regional Attorney specifying whether an has complained about national origin discrimination and/or retaliation . If an employee has so complained, the summary report shall state in written affidavit form the following :
(a) The date of the complaint or report, (b) The name of the person making the complaint or report, (c) The name and title of the person against whom the complaint or report was made, (d) The nature of the complaint or report, (e) The name and title of the Defendant's official who learned of the complaint or report, (f) What, if any, action was taken by Defendant in response to the or report (e .g. employee discipline), and (g) A detailed narrative of how the complaint or report was resolved by Defendant. The report should be addressed to the Regional Attorney in the EE4C's Atlanta District Office at the above-referenced address .
VI. DISCONTINUATION OF ENGL ISH-ONLY POLICY The Defendant agrees that, immediately upon entry of this Consent D it will not require by policy or practice that employees, whose language of
6

i

i

origin is other than English, speak only English in the course of performing their

duties for Defendant .
VII. CHARGING PARTIES' INDIVIDUAL RELIEF: MONETARY RELIEF

Defendant, in settlement of all alleged claims of injuries sustained due to

alleged discriminatory employment practices, shall provide to Charging Party

Hernandez the amount of $15,537 .60, in a check made payable to her . shall provide to Charging Party Eva Rodriguez the amount of $16,161 .60, in a

check made payable to her . Lastly, Defendant shall provide to Charging Party Santa Lopez the amount of $15,080 .00, in a check made payable to her . Each Charging Party will be responsible for paying income taxes, if any . Copies of

checks will be mailed within five working days of the initial mailings to each

Charging Party to Robert Dawkins, Regional Attorney, EEOC Atlanta District

Office, 100 Alabama Street, Suite 4R30, Atlanta Georgia 30303 . VIII. REFERENCES

Defendant agrees that, if it receives legitimate inquiries from persons or

prospective employers seeking a reference or other employment related

information regarding any of the Charging Parties involved in this case, it shall

provide no less than a neutral reference, citing the dates of employment and the

position(s) held . Defendant will make no mention to persons or prospective

employers seeking a reference of the fact that the Charging Parties filed a

of

discrimination, that the instant lawsuit was filed, or that they participated in the charge process, or was a claimant in the instant lawsuit. This paragraph does apply to any inquiries made for the purpose of testing Defendant's compliance .th this consent decree .
IX. TRAINING Defendant shall, in an appropriate location, hold a training session for of its administrative personnel, including all of its managers and officers employed at the Defendant's Georgia facilities, the cost of which is to be borne by Defendant . Said training session shall address the Defendant's and its employees' eq~a1 employment opportunity obligations pursuant to Title VII, including, but ~ot limited to, Defendant's anti-retaliation obligations . The above referenced training shall be completed within onee hundred and twenty (120) days of the entry of Consent Decree . On or before that date, Defendant shall certify to the Attorney that such training has been completed . Defendant shall notify the EEOC at least five (5) days in advance the date(s) and time(s) the training contemplated by this Section IX will be accomplished . Defendant shall provide written certification to the EEOC of training completed pursuant to this Section IX within thirty (30) days following completion of training . The certification shall include the names and qual of the person(s) providing instruction, names and job titles of attendees, length
8

training, training topics, and any other pertinent information about the training . written training materials are utilized, the Commission shall be supplied with a copy prior to the training .
X. PROCEDURE FOR ENFORCING COMPLIANCE j i
The Commission will attempt to resolve any dispute regarding the
i
enforcement of this Consent Decree by informal mediation and consultation befgre seeking enforcement through the judicial process . The Commission will notify Defendants in writing by certified mail if it has any reason to believe that any action or omission by Defendant is in violation of the Consent Decree . D shall have thirty (30) days after the receipt of such notification to cure any such alleged deficiency, and to notify the Commission, by written report addressed the Regional Attorney for the EEOC's Atlanta District Office, of the measures taken to cure the alleged deficiencies . If upon receipt of Defendant's report the Commission concludes that the deficiency has not been satisfactori ly cured by tfie
i Defendant, the Commission shall seek to resolve the alleged deficiency through good faith conciliation or mediation . if the alleged deficiency is not resolved within thirty (30) days after the initiation of such good faith conciliation or mediation process, then the Commission may seek enforcement of this Consent Decree through the judicial process .

XI. .COMPLIANCE OFFICIAL Defendant's Director of Human Resources shall be responsible for compliance with this Consent Decree, and shall also be responsible for coordinating and overseeing Defendant's compliance with this Consent Decree .
XiI. TERMS OF DECREE - PERIOD OF JURISDICTION This Consent Decree shall continue to be effective and binding upon the parties to this action for a periodd of twenty-four (24) calendar months following the entry of the Decree, provided that all remedial benefits required hereby have been received or offered prior to its expiration and provided further, that all required reports and certifications are submitted at least thirty (30) days before the exp iration date of the Consent Decree. If required reports are not submitted within thirty (30) days of the expiration date or if the remedial are not received or offered, the Consent Decree will be automatically extended until these provisions are completed . This Court shall retain jurisdiction over this action for the purposes of clarifying and enforcing this Consent Decree and for any other appropriate or equitable purposes for twenty-four (24) calendar months from the date of entry this Consent Decree, unless the Court acts or the EEOC has, prior to the of said twenty-four (24) month period, moved to enforce compliance with the Consent Decree . If this Court acts or the EEOC has moved to enforce
10

i i
i
with this Consent Decree within this period, this Court shall retain jurisdiction o~ this action until all issues relating to all such motions which are made during the twenty-four (24) month period have been resolved . Therefore, this Court shall retain jurisdiction over this action as described above and shall dismiss this caus~ with prejudice in accordance with Court procedures .
XIII. OTHER ACTIONS The EEOC shall not commence or prosecute Defendant for any action or other proceeding based upon any claims, demands, causes of action, obligations, damages or liabilities which arise out of EEOC Charge Numbers 11 0-2004-000411, 110-2004-00045, 110-2004-00046, and 110-2004-01955, the EEOC's investiga of the charges, or this lawsuit . This Consent Decree in no way affects the EEOq's right to process any pending or future charges that may be filed against Defendant or its owners in accordance with standard EEOC procedures, and to commence civil actions pursuant to Section 706 (f) of Title VII on any such charge . Nothin~ in this Consent Decree shall be construed to limit or reduce Defendant's obligation to fully comply with Title VII of the Civil Rights Act of 1964, as amended; the j Equal Pay Act of 1963, as amended; the Age Discrimination in Employment Ac~ of 1967, as amended ; the Americans with Disabilities Act of 1990 ; or the
i regulations promulgated pursuant thereto . Nothing herein shall preclude the EEC from bringing an action to enforce the provisions of this Consent Decree .
11

XIV. COSTS AND ATTORNEY FEES The EEOC and Defendant shall each bear their own respective costs and attorneys fees for this action . The parties hereto and undersigned attorneys of record for the EEOC and Defendant in the above-styled action hereby consent to the entry of the Consent Decree . BY CONSENT :

Counsel for Plaintiff:

)eobert K. Dawkins Regional Attorney Michigan Bar No . P-38289
EEOC - ATLANTA DISTRICT OFFICE 100 Alabama Street, SW Suite 4R30 Atlanta, Georgia 30303 (404) 5 32 - phone ^) 62-69 - fax

Defendant :

Lawrence Schall President, Oglethorpe University

Counsel for Defendant :

--> carton F . Dodd, Esq .
Fisher & Phillips LLP 1500 Resurgens Plaza 945 East Paces Ferry Road Atlanta, GA 30326
12

C ~-
APPROVED, DONE, and SIGNED this c~- day of 200 District Judge U.S. District Court of Georgia Northern District of Georgia, Atlanta Division
13

NOTICE

1 . This notice to all employees of Oglethorpe University (hereinafter the

"Company") is being posted as part of an agreement between the Company

and the Equal Employment Opportunity Commission (hereinafter the

"EEOC") .

i

2. Federal Law requires, in general, that there be no discrimination against any

employee or applicant for employment because of the person's race, color

religion, ssex, pregnant condition national origiin, disability or age with

respect to hiring, firing, compensation or other terms, conditions or

privileges of employment.

i i

3 . The Company supports and will comply with such Federal Law in all respects and will not take any action against employees because of their six, pregnant condition, race, color, religion, national origin, disability or age ~r because they have exercised their rights under the law .

4 . The Company has taken and will continue such remedial action as is required by the agreement between the Company and the EEOC .

5 . This notice will remain posted for twenty-four (24) months, until 2008 .
ASigned this ~~ day o 2006.

Defendant Official

DO NOT REMOVE THIS NOTICE UNTIL December 2008

 
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4months, CLOSED, TitleVII
U.S. District Court Northern District of Georgia (Atlanta) CIVIL DOCKET FOR CASE #: 1:06-cv-00711-ODE

Equal Employment Opportunity Commission v. Oglethorpe University, Inc. Assigned to: Judge Orinda D. Evans Cause: 42:2000 Job Discrimination (National Origin)

Date Filed: 03/28/2006 Date Terminated: 03/05/2007 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

Plaintiff
Equal Employment Opportunity Commission

represented by Gerald S. Kiel Equal Employment Opportunity Commission Baltimore Field Office 10 South Howard Street 3rd Floor Baltimore, MD 21201 410-962-4061 Fax: 410-962-4270 TERMINATED: 06/09/2006 LEAD ATTORNEY

Lakisha C. Duckett Equal Employment Opportunity Commission Atlanta District Office-Legal Unit 100 Alabama Street, S.W. 4R30 Atlanta Federal Center Atlanta, GA 30303-8704 404-562-6932 Email: lakisha.duckett@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Pamela A Alfred-George U.S. Equal Employment Oppprtunity Commission 100 Alabama Street S.W. Suite 4R30 Atlanta, GA 30303 404-562-6217 Email: pamela.alfred-george@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Intervenor Plaintiff

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Alba Hernandez
Intervenor Plaintiff Eva Rodriguez
Intervenor Plaintiff Santa Lopez
V. Defendant Oglethorpe University, Inc.
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represented by Tisha Rae Tallman Mexican American Legal Defense & Educational Fund (MALDEF) 41 Marietta Street Suite 1000 Atlanta, GA 30303 678-559-1071 x12 Email: ttallman@maldef.org TERMINATED: 11/17/2006 LEAD ATTORNEY
Isaiah D. Delemar Mexican American Legal Defense & Educational Fund (MALDEF) 41 Marietta Street Suite 1000 Atlanta, GA 30303 678-559-1071 Email: idelemar@maldef.org ATTORNEY TO BE NOTICED
represented by Tisha Rae Tallman (See above for address) TERMINATED: 11/17/2006 LEAD ATTORNEY
Isaiah D. Delemar (See above for address) ATTORNEY TO BE NOTICED
represented by Tisha Rae Tallman (See above for address) TERMINATED: 11/17/2006 LEAD ATTORNEY
Isaiah D. Delemar (See above for address) ATTORNEY TO BE NOTICED
represented by Burton Freeman Dodd Fisher & Phillips 945 East Paces Ferry Road 1500 Resurgens Plaza Atlanta, GA 30326-1125
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404-231-1400 Email: bdodd@laborlawyers.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Robyn Wilensky Farmer Fisher & Phillips 945 East Paces Ferry Road 1500 Resurgens Plaza Atlanta, GA 30326-1125 404-231-1400 Email: rfarmer@pogolaw.com ATTORNEY TO BE NOTICED

Date Filed 03/28/2006
04/04/2006
04/04/2006 04/12/2006 04/12/2006 05/08/2006 05/18/2006 05/18/2006

#

Docket Text

1 COMPLAINT with Jury Demand filed. Consent form to proceed before U.S. Magistrate and pretrial instructions provided. , filed by Equal Employment Opportunity Commission. (Attachments: # 1 Civil Cover Sheet)(aar) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. (Entered: 03/29/2006)
2 ORDER that as the EEOC has filed this case as a class action, the Court will not follow its regular procedure of referring this case to a Magistrate Judge, but may refer portions of the case to Magistrate Judge Scofield at a later date. Signed by Judge Orinda D. Evans on 4/3/06. (fmm) (Entered: 04/04/2006)
Case no longer referred to Magistrate Judge E. Clayton Scofield, III. (fmm) (Modified text on 4/4/2006 - so). Modified on 4/4/2006 to correct docket text (fmm). (Entered: 04/04/2006)
3 MOTION to Intervene as Plaintiffs by Alba Hernandez, Eva Rodriguez, Santa Lopez. (Attachments: # 1 Proposed Intervenor Complaint)(fmm) (Entered: 04/12/2006)
4 NOTICE OF REQUIREMENT TO FILE ELECTRONICALLY pursuant to Standing Order 04-01 as to Tisha Rae Tallman re 3 MOTION to Intervene. (fmm) (Entered: 04/12/2006)
Submission of 3 MOTION to Intervene, submitted to District Judge Orinda D. Evans. (fmm) (Entered: 05/08/2006)
5 ORDER granting 3 Motion to Intervene. The Clerk is hereby directed to file the Complaint in Intervention submitted with the Motion as of the date of this Order. Signed by Judge Orinda D. Evans on 5/16/06. (ddm) (Entered: 05/18/2006)
6 Intervenor COMPLAINT against Oglethorpe University, Inc., filed by Alba Hernandez, Eva Rodriguez, Santa Lopez.(ddm) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. (Entered: 05/18/2006)

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05/30/2006
05/31/2006 06/08/2006 06/09/2006 06/12/2006 06/30/2006 07/06/2006 07/07/2006 07/07/2006 07/07/2006 07/07/2006 07/07/2006 07/07/2006 07/11/2006 07/14/2006
07/14/2006

7 ANSWER to Complaint by Oglethorpe University, Inc.. Discovery ends on 10/27/2006.(Farmer, Robyn) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. (Entered: 05/30/2006)
8 NOTICE of Appearance by Burton Freeman Dodd on behalf of Oglethorpe University, Inc. (Dodd, Burton) (Entered: 05/31/2006)
9 ANSWER to Intervenor Complaint by Oglethorpe University, Inc..(Dodd, Burton) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. (Entered: 06/08/2006)
10 NOTICE of Withdrawal of Attorney Gerald Kiel by Equal Employment Opportunity Commission (hfm) (Entered: 06/12/2006)
11 NOTICE OF REQUIREMENT TO FILE ELECTRONICALLY pursuant to Standing Order 04-01 as to Gerald S. Kiel re 10 Notice of Withdrawal. (hfm) (Entered: 06/12/2006)
12 Initial Disclosures by Equal Employment Opportunity Commission.(Duckett, Lakisha) (Entered: 06/30/2006)
13 Certificate of Interested Persons by Alba Hernandez, Eva Rodriguez, Santa Lopez. (Tallman, Tisha) (Entered: 07/06/2006)
14 CERTIFICATE OF SERVICE of Defendant's First Request for Production of Documents to Alba Hernandez by Oglethorpe University, Inc..(Dodd, Burton) (Entered: 07/07/2006)
15 CERTIFICATE OF SERVICE of Defendant's First Interrogatories to Alba Hernandez by Oglethorpe University, Inc..(Dodd, Burton) (Entered: 07/07/2006)
16 CERTIFICATE OF SERVICE of Defendant's First Interrogatories to Santa Lopez by Oglethorpe University, Inc..(Dodd, Burton) (Entered: 07/07/2006)
17 CERTIFICATE OF SERVICE of Defendant's First Request for Production of Documents to Santa Lopez by Oglethorpe University, Inc..(Dodd, Burton) (Entered: 07/07/2006)
18 CERTIFICATE OF SERVICE of Defendant's First Interrogatories to Eva Rodriguez by Oglethorpe University, Inc..(Dodd, Burton) (Entered: 07/07/2006)
19 CERTIFICATE OF SERVICE of Defendant's First Request for Production of Documents to Eva Rodriguez by Oglethorpe University, Inc..(Dodd, Burton) (Entered: 07/07/2006)
20 Initial Disclosures by Alba Hernandez, Eva Rodriguez, Santa Lopez.(Tallman, Tisha) (Entered: 07/11/2006)
21 PRELIMINARY REPORT AND DISCOVERY SCHEDULE filed by Alba Hernandez, Eva Rodriguez, Santa Lopez, Equal Employment Opportunity Commission, Oglethorpe University, Inc.. (Tallman, Tisha) (Entered: 07/14/2006)
22 CERTIFICATE OF SERVICE by Alba Hernandez, Eva Rodriguez, Santa Lopez.(Tallman, Tisha) (Entered: 07/14/2006)

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07/17/2006 08/04/2006 08/07/2006 08/11/2006 08/16/2006 08/16/2006 08/16/2006 08/16/2006 08/16/2006 08/16/2006 08/16/2006 08/16/2006 08/16/2006 08/18/2006 08/18/2006

23 CERTIFICATE OF SERVICE Plaintiff EEOC's First Interrogatories and Request for the Production of Documents to Defendant by Equal Employment Opportunity Commission.(Duckett, Lakisha) (Entered: 07/17/2006)
24 Initial Disclosures by Oglethorpe University, Inc..(Dodd, Burton) (Entered: 08/04/2006)
25 CERTIFICATE OF SERVICE by Alba Hernandez, Eva Rodriguez, Santa Lopez.(Tallman, Tisha) (Entered: 08/07/2006)
26 CERTIFICATE OF SERVICE Plaintiff-Intervenors' First Request for Admissions by Alba Hernandez, Eva Rodriguez, Santa Lopez.(Tallman, Tisha) (Entered: 08/11/2006)
27 CERTIFICATE OF SERVICE Objections and Answers to Plaintiff's EEOC's First Interrogatories by Oglethorpe University, Inc..(Dodd, Burton) (Entered: 08/16/2006)
28 CERTIFICATE OF SERVICE Objections and Responses to Plaintiff EEOC's First Request for Production of Documents by Oglethorpe University, Inc..(Dodd, Burton) (Entered: 08/16/2006)
29 CERTIFICATE OF SERVICE Responses to Plaintiff-Intervenors' First Request for Admissions by Oglethorpe University, Inc..(Dodd, Burton) (Entered: 08/16/2006)
30 CERTIFICATE OF SERVICE Objections and Answers to Plaintiff-Intervenor Alba Hernandez' First Set of Interrogatories by Oglethorpe University, Inc..(Dodd, Burton) (Entered: 08/16/2006)
31 CERTIFICATE OF SERVICE Objections and Answers to Plaintiff-Intervenor Alba Hernandez' First Request for Production of Documents by Oglethorpe University, Inc..(Dodd, Burton) (Entered: 08/16/2006)
32 CERTIFICATE OF SERVICE Objections and Answers to Plaintiff-Intervenor Eva Rodriguez' First Set of Interrogatories by Oglethorpe University, Inc..(Dodd, Burton) (Entered: 08/16/2006)
33 CERTIFICATE OF SERVICE Objections and Answers to Plaintiff-Intervenor Eva Rodriguez' First Request for Production of Documents by Oglethorpe University, Inc..(Dodd, Burton) (Entered: 08/16/2006)
34 CERTIFICATE OF SERVICE Objections and Answers to Plaintiff-Intervenor Santa Lopez' First Set of Interrogatories by Oglethorpe University, Inc..(Dodd, Burton) (Entered: 08/16/2006)
35 CERTIFICATE OF SERVICE Objections and Answers to Plaintiff-Intervenor Santa Lopez' First Request for Production of Documents by Oglethorpe University, Inc..(Dodd, Burton) (Entered: 08/16/2006)
36 NOTICE to Take Deposition of Santa Lopez filed by Oglethorpe University, Inc. (Dodd, Burton) (Entered: 08/18/2006)
37 NOTICE to Take Deposition of Alba Hernandez filed by Oglethorpe University, Inc. (Dodd, Burton) (Entered: 08/18/2006)

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08/18/2006 08/23/2006 08/23/2006
08/30/2006
08/30/2006
08/30/2006
08/31/2006 09/15/2006 09/15/2006 09/15/2006 09/15/2006 09/15/2006 09/18/2006 09/28/2006 09/28/2006

38 NOTICE to Take Deposition of Eva Rodriguez filed by Oglethorpe University, Inc. (Dodd, Burton) (Entered: 08/18/2006)
39 CERTIFICATE OF SERVICE (Amended) for Plaintiff-Intervenors' Responses to Defendant's Discovery Requests by Alba Hernandez, Eva Rodriguez, Santa Lopez.(Tallman, Tisha) (Entered: 08/23/2006)
40 CERTIFICATE OF SERVICE for Withdrawal of Certificate of Service of Plaintiff-Intervenors' Duplicate First Request for Admissions filed on 08-11-06 by Alba Hernandez, Eva Rodriguez, Santa Lopez.(Tallman, Tisha) (Entered: 08/23/2006)
41 CERTIFICATE OF SERVICE re: Amended NOTICE to Take Deposition of Santa Lopez filed by Oglethorpe University, Inc. (Dodd, Burton). Modified on 8/31/2006 to correct docket text to accurately reflect e-filed pleading (rth). (Entered: 08/30/2006)
42 CERTIFICATE OF SERVICE re: Amended NOTICE to Take Deposition of Eva Rodriguez filed by Oglethorpe University, Inc. (Dodd, Burton). Modified on 8/31/2006 to correct docket text to accurately reflect e-filed pleading (rth). (Entered: 08/30/2006)
43 CERTIFICATE OF SERVICE re: Amended NOTICE to Take Deposition of Alba Hernandez filed by Oglethorpe University, Inc. (Dodd, Burton. Modified on 8/31/2006 to correct docket text to accurately reflect e-filed pleading (rth). (Entered: 08/30/2006)
Notification of Docket Correction re 42 Notice to Take Deposition, 41 Notice to Take Deposition, 43 Notice to Take Deposition. Docket text corrected to reflect e-filed pleadings as Certificates of Service. (rth) (Entered: 08/31/2006)
44 CERTIFICATE OF SERVICE for Notice of Deposition of Jim Ledbetter by Alba Hernandez, Eva Rodriguez, Santa Lopez.(Tallman, Tisha) (Entered: 09/15/2006)
45 CERTIFICATE OF SERVICE for Notice of Deposition of Lawrence Schall by Alba Hernandez, Eva Rodriguez, Santa Lopez.(Tallman, Tisha) (Entered: 09/15/2006)
46 CERTIFICATE OF SERVICE for Notice of Deposition of Linda Bucki by Alba Hernandez, Eva Rodriguez, Santa Lopez.(Tallman, Tisha) (Entered: 09/15/2006)
47 CERTIFICATE OF SERVICE for Notice of Deposition of Manuel Bonilla by Alba Hernandez, Eva Rodriguez, Santa Lopez.(Tallman, Tisha) (Entered: 09/15/2006)
48 CERTIFICATE OF SERVICE for Notice of Deposition of Renae Glass by Alba Hernandez, Eva Rodriguez, Santa Lopez.(Tallman, Tisha) (Entered: 09/15/2006)
49 NOTICE by Alba Hernandez, Eva Rodriguez, Santa Lopez of Representation by Isaiah Delemar (Tallman, Tisha) (Entered: 09/18/2006)
50 CERTIFICATE OF SERVICE First Request for Production of Documents to EEOC by Oglethorpe University, Inc..(Dodd, Burton) (Entered: 09/28/2006)
51 CERTIFICATE OF SERVICE First Interrogatories to EEOC by Oglethorpe University, Inc..(Dodd, Burton) (Entered: 09/28/2006)

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10/03/2006
10/04/2006
10/06/2006 10/06/2006 10/06/2006 10/12/2006 10/23/2006 10/27/2006 10/27/2006 10/27/2006 10/27/2006 10/27/2006 11/09/2006 11/16/2006 11/17/2006

52 ORDER scheduling Mediation. Mediation Hearing set for 11/9/2006 at 10:00 AM before Magistrate Judge Walter E. Johnson in Room #2327, 23rd Floor, US Federal Bldg, 75 Spring St, Atlanta, GA. Signed by Magistrate Judge Walter E. Johnson on 10/3/06. (klb) (Entered: 10/03/2006)
53 Joint MOTION for Extension of Time to Complete Discovery and Related Deadlines by Alba Hernandez, Eva Rodriguez, Santa Lopez, Equal Employment Opportunity Commission, Oglethorpe University, Inc. (Attachments: # 1 Text of Proposed Order for Enlargement of Discovery and Related Deadlines)(Dodd, Burton) Modified on 10/5/2006 to delete duplicate text (rth). (Entered: 10/04/2006)
54 CERTIFICATE OF SERVICE of Amended Notice of Deposition of Santa Lopez by Oglethorpe University, Inc..(Dodd, Burton) (Entered: 10/06/2006)
55 CERTIFICATE OF SERVICE of Amended Notice of Deposition of Eva Rodriguez by Oglethorpe University, Inc..(Dodd, Burton) (Entered: 10/06/2006)
56 CERTIFICATE OF SERVICE of Amended Notice of Deposition of Alba Hernandez by Oglethorpe University, Inc..(Dodd, Burton) (Entered: 10/06/2006)
57 NOTICE of Appearance by Isaiah D. Delemar on behalf of Alba Hernandez, Eva Rodriguez, Santa Lopez (Delemar, Isaiah) (Entered: 10/12/2006)
58 ORDER granting 53 Motion for Extension of Time to Complete Discovery. Discovery ends on 1/12/2007. Signed by Judge Orinda D. Evans on 10/23/06. (smg) (Entered: 10/24/2006)
59 CERTIFICATE OF SERVICE for Notice of Deposition of Manuel Bonilla by Alba Hernandez, Eva Rodriguez, Santa Lopez.(Delemar, Isaiah) (Entered: 10/27/2006)
60 CERTIFICATE OF SERVICE for Notice of Deposition of Renae Glass by Alba Hernandez, Eva Rodriguez, Santa Lopez.(Delemar, Isaiah) (Entered: 10/27/2006)
61 CERTIFICATE OF SERVICE for Notice of Deposition of Lawrence Schall by Alba Hernandez, Eva Rodriguez, Santa Lopez.(Delemar, Isaiah) (Entered: 10/27/2006)
62 CERTIFICATE OF SERVICE for Notice of Deposition of Linda Bucki by Alba Hernandez, Eva Rodriguez, Santa Lopez.(Delemar, Isaiah) (Entered: 10/27/2006)
63 CERTIFICATE OF SERVICE for Notice of Deposition of Jim Ledbetter by Alba Hernandez, Eva Rodriguez, Oglethorpe University, Inc..(Delemar, Isaiah) (Entered: 10/27/2006)
64 Minute Entry for proceedings held before Magistrate Judge Walter E. Johnson : Settlement Conference held on 11/9/2006. The case settled. (klb) (Entered: 11/13/2006)
65 Notice for Leave of Absence for the following date(s): 11/20/06 - 11/24/06, by Lakisha C. Duckett. (Duckett, Lakisha) (Entered: 11/16/2006)
66 NOTICE by Alba Hernandez, Eva Rodriguez, Santa Lopez of Notice of Withdrawal of Counsel (Tallman, Tisha) (Entered: 11/17/2006)

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03/01/2007 03/05/2007
03/05/2007
03/05/2007 03/06/2007 03/06/2007

67 PROPOSED ORDER Consent Decree. (Duckett, Lakisha) (Entered: 03/01/2007)
68 CONSENT DECREE as to Oglethorpe University as outlined to be effective 24 calendar months, decree includes providing to Alba Hernandez the amount of $15,537.60; Eva Rodriguez the amount of $16,161.60 and Santa Lopez the amount of $15,080.00. Signed by Judge Orinda D. Evans on 3/2/07. (fmm) (Entered: 03/05/2007)
69 ORDER administratively closing case without prejudice to any party's right to reopen during the next 24 months should any party fail to comply with the terms of the agreement. Signed by Judge Orinda D. Evans on 3/2/07. (fmm) (Entered: 03/05/2007)
Civil Case Terminated. (fmm) (Entered: 03/05/2007)
70 STIPULATION of Dismissal by Alba Hernandez, Eva Rodriguez, Santa Lopez, Equal Employment Opportunity Commission, Oglethorpe University, Inc.. (Dodd, Burton) (Entered: 03/06/2007)
Clerk's Entry of Dismissal approving 70 Stipulation of Dismissal with prejudice pursuant to FRCP 41(a)(1)(ii). (Entered: 03/07/2007)

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