FILED

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF SOUTH CAROLINA

GREENWOOD DIVISION

L/kRRY W, PROPES, CLERK
COLUMBIA, $0

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,

CIVIL ACTION NO.

Plaintiff,
V.

COMPLAINT JURY TRIAL DEMAND

DENNIS’ FOODS, INC.

Defendant.

NATURE OF THE ACTION This is an action under Title VII of the Civil Rights Act of 1964 and Title [ of the Civil

Rights Act of 1991, to correct unlawful employment practices on the basis of sex, female, and to

provide appropriate relief to Sandra Hovis, who was adversely affected by such practices. The Equal

Employment Opportunity Commission (the "Commission") alleges that Ms. Hovis was sexually

harassed and subjected to a sexually hostile work environment while working for Defendant Dennis’

Foods, Inc.

JURISDICTION AND VENUE

1. Jurisdiction ofthis Court is invoked pursuant to 28 U.S.C. §§451, 1331, 1337, 1343

and 1345. This action is authorized and instituted pursuant to Section 706(0(1) and (3) of Title VII

of the Civil Rights Act of 1964, as amended, 42 U.S.C. §2000e-5(f)(1) and (3) ("Title VII"), and

Section 102 of the Civil Rights Act of 1991, 42 U.S.C. §1981a.

2. The employment practices alleged to be unlawful were committed within the

jurisdiction of the United States District Court for the District of South Carolina.

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 of the Civil Rights Act and is expressly authorized to bring this action by Sections 706(f)(1) and (3) of Title VII, 42 U.S.C. §2000e-5(f)(1) and (3). 4. At all relevant times, Defendant Dennis’ Foods, Inc., has continuously been a South Carolina corporation doing business in the State of South Carolina and the City of Greenwood, and has continuously had at least fifteen employees. 5. At all relevant times, Defendant Dennis’ Foods, Inc., has continuously been an employer engaged in an industry affecting commerce under 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, Sandra Hovis filed a charge with the Commission alleging violations of Title VII of the Civil Rights Act by Defendant Dennis’ Foods, Inc. ("Defendant"). All conditions precedent to the institution of this lawsuit have been fulfilled. 7. From around January 2002 until around April 2002, Defendant engaged in unlawful employment practices at its facilities in Greenwood, South Carolina, in violation o f Section 703 (a)(1) of Title VII, 42 U.S.C. § 2000e-2(a)(1). Specifically, Defendant subjected Sandra Hovis to a sexually hostile work environment based on her sex, female. The harassment included but was not limited to, unwelcome sexual jokes, innuendos, gestures and touching by a male who held an

ownership interest in Defendant. Although Ms. Hovis complained about the sexual harassment, Defendant failed to take appropriate action to stop it.
8. The effect of the practices complained of in paragraph 7 above has been to deprive Sandra Hovis of equal employment opportunities and otherwise adversely affect her status as an employee because of her sex, female.
The unlawful employment practices complained of in paragraph 7 above were intentional.
10. The unlawful employment practices complained of in paragraph 7 above were done with malice or with reckless indifference to the federally protected fights of Sandra Hovis.
PRAYER FOR RELIEF Wherefore, the Commission respectfully requests that this Court: A. Grant a permanent injunction enjoining Defendant Dennis’ Foods, Inc., its officers, successors, assigns, and all persons in active concert or participation with it, from sexual harassment or any other employment practice that discriminates on the basis of sex. B. Order Defendant Dennis’ Foods, Inc., to institute and carry out policies, practices, and programs that provide equal employment opportunities for women and which eradicate the effects of its past and present unlawful employment practices. C. Order Defendant Demais’ Foods, Inc., to make whole Sandra Hovis by providing compensation for past and future pecuniary losses resulting from the unlawful employment practices described in paragraph 7 above, including medical expenses, in amounts to be determined at trial.
Order Defendant Dennis’ Foods, Inc., to make whole Sandra Hovis by providing compensation for past and future non-pecuniary losses resulting from the unlawful practices

complained of in paragraph 7 above, including but not limited to emotional pain, suffering,

inconvenience, loss of enjoyment of life, humiliation, loss of self-esteem and loss of civil rights, in

amounts to be determined at trial.

E. Order Defendant Dennis’ Foods, Inc., to pay Sandra Hovis punitive damages for its

malicious and reckless conduct, as described above, in amounts to be determined at trial.

Fo

Grant such further relief as the Court deems necessary and proper in the public

interest.

G. Award the Commission its costs of this action. JURY TRIAL DEMAND

The Commission requests a jury trial on all questions of fact raised by its complaint.

DATED this the I’~@dayof ~(’~a,r~ 2005.
Respectfully submitted,
ERIC S. DREIBAND General Counsel
JAMES L. LEE Deputy General Counsel
GWENDOLYN YOUNG REAMS Associate General Counsel EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 1801 L Street, N.W. Washington, D.C. 20507
LYNETTE A. BARNES Acting Regional Attorney EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Charlotte District Office
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.//]/ES~;ICA DIXON Trial Attorney EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Charlotte District Office 129 West Trade Street, Suite 400 Charlotte, North Carolina 28202 Telephone: 704.344.6875
,°s2sTad u.g. 2ctt o ’o l
Local Bar No, 6460 District of South Carolina 1441 Main Street, Suite 500 Columbia, S.C. 29201 Telephone: 803.929,3054
ATTORNEYS FOR PLAINTIFF

 
 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINA
ANDERSON DIVISION

EQUAL EMPLOYMENT

)

OPPORTUNITY COMMISSION, )

)

Plaintiff,

)

)

v.

)

)

)

DENNIS’ FOODS, INC.,

)

Defendant.

)

_________________________________)

CIVIL ACTION NO. 8:05-0506-HFF-WMC CONSENT DECREE

The Equal Employment Opportunity Commission (the “Commission”) instituted this

action pursuant to Section 706(f)(1) and (3) of Title VII of the Civil Rights of 1964, as amended,

42 U.S.C. § 2000e-5(f)(1) and (3) ("Title VII"). Specifically, the Commission’s Complaint

alleged that Defendant, Dennis’ Foods, Inc. (“Defendant”) subjected Sandra Hovis to harassment

based on her sex from around January 2002 to around April 2002.

The Commission and Defendant hereby stipulate to jurisdiction of the Court over the

parties and agree that the subject matter of this action is properly before the Court.

The parties have advised this Court that they desire to resolve the allegations in the

Complaint without the burden, expense, and delay of further litigation.

It is therefore the finding of this Court, made on the pleadings and the record as a whole,

that: (1) the Court has jurisdiction over the parties and the subject matter of this action; (2) the

purpose and provisions of Title VII will be promoted and effectuated by the entry of the Consent

Decree; and (3) this Decree resolves all matters in controversy between the parties as provided in

paragraphs 1 through 18 below.

It is therefore ORDERED, ADJUDGED AND DECREED as follows:

1. Defendant shall not discriminate against any person on the basis of sex or any

other protected category within the meaning of Title VII of the Civil Rights Act of 1964.

Specifically, Defendant shall not discriminate against female employees by subjecting them to

sexual harassment.

2. Defendant shall not discriminate or retaliate against any person because of

opposition to any practice made unlawful under Title VII, or because of the giving of testimony

or assistance, or the participation in any investigation, proceeding or hearing under the foregoing

statute.

3. Defendant shall pay Sandra Hovis the sum of Two Thousand Five Hundred

Dollars ($ 2500.00) in settlement of the claims raised in this action. Payment shall be made

within ten (10) days after the Court enters this Consent Decree and Defendant shall mail a

certified check directly to Sandra Hovis at an address provided by the Commission. Within ten

(10) days after the check has been sent, Defendant shall mail a copy of the check and proof of its

delivery to Ms. Hovis to Lynette A. Barnes, Acting Regional Attorney, Equal Employment

Opportunity Commission, 129 West Trade Street, Suite 400, Charlotte, N.C. 28202.

4.

Defendant agrees to eliminate from the employment records of Sandra Hovis any

and all documents, entries, or references of any kind relating to the facts and circumstances

which led to the filing of EEOC Charge Number 146-2003-00136 and the related events that

occurred thereafter. Within thirty (30) days of the entry of this Decree, Defendant shall report

compliance to the Commission.

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5. Defendant agrees to provide Sandra Hovis with a positive letter of reference, a copy of which is attached hereto, marked Appendix A. In addition, if Defendant receives any inquiries regarding the employment of Ms. Hovis, in lieu of an oral response, Defendant shall provide a copy of the aforementioned letter. Within ten (10) days of responding to any inquiry regarding the employment of Ms. Hovis, Defendant shall report compliance to the Commission, including the name and address of the person or entity to whom the letter was provided.
6. Within ninety (90) days of the entry of this Decree by the Court, Defendant shall adopt, implement, and distribute a formal, written anti-discrimination policy, which shall include, but not be limited to, the following:
a. A statement explaining that harassment based on sex will not be tolerated; b. An explanation of prohibited conduct; c. Assurance that employees who make complaints of harassment or provide
information related to such complaints will be protected against retaliation; d. A clearly described complaint process that provides at least three (3) accessible avenues of complaint; e. Assurance that the employer will protect the confidentiality of harassment complaints to the extent possible; f. A complaint process that provides prompt, thorough, and impartial investigations; and g. Assurance that the employer will take immediate and appropriate corrective action when it determines that harassment has occurred.
7. Defendant shall distribute to each current employee a copy of the policy referenced in paragraph 6 above, within the aforementioned ninety (90) day time period. Within
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one hundred (100) days of the entry of this Decree, Defendant shall report compliance to the Commission, including providing a copy of the policy to the Commission. During the term of this Decree, Defendant shall distribute the policy to all new employees at the time of hire and review it with them at the time of hire.
8. During the term of this Decree, Defendant agrees to post a copy of the policy, referenced in paragraph 6 above, in all its facilities in a place where it is visible to employees. If the policy becomes defaced or unreadable, Defendant will replace it by posting another copy of the policy. Within one hundred (100) days after the Decree is entered, Defendant will post the policy and notify the EEOC that it has been posted.
9. During the term of this Decree, Defendant shall provide training annually to all of its owners, managers, supervisors, and employees. This training shall be conducted by an individual who is not an employee of Defendant or any of its affiliates. Each training program shall include an explanation of the requirements of Title VII of the Civil Rights Act of 1964 and its prohibition against sexual harassment and retaliation in the workplace. Each training program shall also include an explanation of Defendant’s sexual harassment policy referenced in paragraph 6 above and an explanation of the rights and responsibilities of employees and managers under the policy.
The first training program shall be live training and shall be completed within one hundred twenty (120) days after entry of the Decree by the Court. Each subsequent training program, which may be conducted by videotape, shall be conducted at approximately 12 month intervals after the date of the initial training. At least thirty (30) days prior to the initial training program, Defendant shall provide the Commission with an agenda for the program which must
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be approved by the Commission. Within ten (10) days after completion of each training program, including the live training and the videotape training, Defendant shall certify to the Commission the specific training which was undertaken and shall provide the Commission with a roster of all persons in attendance.
10. Defendant agrees to include Title VII training for all employees in new hire orientation and other appropriate forums. The training for new hires may be conducted by videotape.
11. Beginning within thirty (30) days after the entry of this Decree by the Court and continuing throughout the term of this Decree, Defendant shall conspicuously post the attached Employee Notice, marked Appendix B, hereby made a part of this Decree, in each of its facilities, in a place where it is visible to employees. If the Notice becomes defaced or unreadable, Defendant shall replace it by posting another copy of the Notice. Within ten (10) days of the initial posting, Defendant shall report compliance to the Commission.
12. During the term of this Consent Decree, Defendant will provide the Commission with reports at six (6) month intervals, with the first being due four (4) months after entry of this Decree by the Court. Each report shall include the following information:
a. The identities of all individuals who complained of or reported any conduct he/she believed to be unlawful sexual harassment under Title VII or a violation of Defendant’s sexual harassment policy (referenced in paragraph 6 above), including by way of identification each person’s name, last known telephone number and address, social security number, and job title;
b. The name of the individual who allegedly committed the unlawful conduct as well as a detailed description of the alleged unlawful conduct; and
c. What action, if any, Defendant took in response to the report/complaint.
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13. Defendant agrees that the Commission may review compliance with this Decree. As part of such review, the Commission may inspect Defendant’s facilities, interview employees, and examine and copy documents.
14. If at any time during the term of this Decree, the Commission believes that Defendant is in violation of this Decree, the Commission shall give written notice of the alleged violation to Defendant who shall have ten (10) days in which to investigate and respond to the allegations. Thereafter, the parties shall then have a period of ten (10) days, or such additional period as may be agreed upon by them, in which to engage in negotiation and conciliation regarding such allegations, before the Commission exercises any remedy provided by law.
15. The term of this Decree shall be for three (3) years from its entry by the Court. 16. All reports and documents sent to the Commission by Defendant pursuant to this Decree shall be sent to: Lynette A. Barnes, Acting Regional Attorney, at the Equal Employment Opportunity Commission, 129 West Trade Street, Suite 400, Charlotte, N.C. 28202. 17. Each party shall bear its own costs and fees. 18. This Court shall retain jurisdiction of this case for purposes of monitoring compliance with this Decree and entry of such further orders as may be necessary or appropriate.

July 6, 2005 Spartanburg, South Carolina

s/Henry F. Floyd Henry F. Floyd United States District Judge District of South Carolina

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

This ____ day of ______________ 2005.

This ____ day of ________________ 2005.

EQUAL EMPLOYMENT OPPORTUNITY DENNIS’ FOODS, INC.,

COMMISSION, Plaintiff

Defendant

ERIC S. DREIBAND General Counsel
JAMES L. LEE Deputy General Counsel
GWENDOLYN YOUNG REAMS Associate General Counsel EEOC 1801 L Street, N.W. Washington, D.C. 20507
LYNETTE A. BARNES Acting Regional Attorney

By: /s/ Dennis Moore Dennis Moore Its:
/s/ Robert W. Cone ROBERT W. CONE Federal Bar No. 7265 McDonald Patrick Baggett Poston & Hemphill, LLP 414 Main Street Greenwood, SC 29646 (864) 229-2511 Attorney for the Defendant

/s/ Mary M. Ryerse MARY M. RYERSE Trial Attorney Equal Employment Opportunity Commission Charlotte District Office 129 West Trade Street, Suite 400 Charlotte, North Carolina 28202 (704) 344-6886

/s/ Robert F. Daley, Jr. ROBERT F. DALEY, JR. Assistant U.S. Attorney Local Bar No. 6460 District of South Carolina 1441 Main Street, Suite 500 Columbia, S.C. 29201 (803) 929-3054

 
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CLOSED, JURY
U.S. District Court District of South Carolina (Anderson/Greenwood) CIVIL DOCKET FOR CASE #: 8:05-cv-00506-HFF-WMC

EEOC v. Dennis' Foods Inc Assigned to: Honorable Henry F. Floyd Referred to: Magistrate Judge William M Catoe Demand: $0 Cause: 42:2000 Job Discrimination (Sex)
Plaintiff
Equal Employment Opportunity Commission

Date Filed: 02/17/2005 Date Terminated: 07/06/2005 Jury Demand: Both Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: Federal Question
represented by Jessica L Dixon US Equal Opportunity Commission 129 W Trade Street Suite 400 Charlotte, NC 28202 704-344-6875 Email: jessica.dixon@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Mary M Ryerse US Equal Opportunity Commission 129 W Trade Street Suite 400 Charlotte, NC 28202 704-344-6886 Fax: 704-344-6780 Email: mary.ryerse@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Robert F Daley, Jr US Attorneys Office 1441 Main Street Suite 500 Columbia, SC 29201 803-929-3000 Fax: 803-252-2759 Email: bob.daley@usdoj.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

V. Defendant

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Dennis' Foods Inc

represented by Robert W Cone Cone Law Firm PO Box 828 Greenwood, SC 29648 864-223-7500 Fax: 864-323-0445 Email: rcone@conelaw.net ATTORNEY TO BE NOTICED

Date Filed 02/17/2005 02/17/2005 02/17/2005 02/22/2005 02/23/2005 03/29/2005
03/30/2005 03/30/2005
03/31/2005 05/24/2005 05/24/2005

#

Docket Text

1 COMPLAINT; Filing fee waived due to statute; Service due by 6/17/05 for Dennis' Foods Inc (cram) (Entered: 02/18/2005)
2 ANSWER to Local Rule 26 Interrogatories by plaintiff EEOC; jury demand (cram) (Entered: 02/18/2005)
3 MOTION by plaintiff EEOC for Jessica L. Dixon to appear pro hac vice FILING FEE waived due to statute with original affidavit/application attached (cram) (Entered: 02/18/2005)
5 AFFIDAVIT in Support re 3 Motion for Leave to Appear. (bbro, ) (Entered: 02/24/2005)
4 ORDER granting 3 Motion for Leave to Appear pro hac vice . Signed by Judge William M Catoe on 2/23/05. (ladd, ) (Entered: 02/23/2005)
6 MOTION to Appear Pro Hac Vice by Mary M. Ryerse by Equal Employment Opportunity Commission. Response to Motion due by 4/18/2005 (Attachments: # 1 Affidavit Application for Pro Hac Admission of Mary Ryerse# 2 Proposed Order)(Daley, Robert) (Entered: 03/29/2005)
7 Deficiency Memo Docket Correction due 3/31/2005 for EEOC - affidavit with motion for pro hac vice should have signature instead of S/. (jtho, ) (Entered: 03/30/2005)
8 AMENDED MOTION to Appear Pro Hac Vice by Mary Ryerse by Equal Employment Opportunity Commission. Response to Motion due by 4/18/2005 (Attachments: # 1 Affidavit Application of Mary Ryerse# 2 Proposed Order Order Pro Hac Vice - Mary Ryerse)(Daley, Robert) Modified on 3/31/2005: "amended" (jtho, ). (Entered: 03/30/2005)
9 ORDER granting 8 Motion to Appear Pro Hac Vice by Mary M. Ryerse. Signed by Judge William M Catoe on 3/31/05. (ladd, ) (Entered: 03/31/2005)
10 WAIVER OF SERVICE by Equal Employment Opportunity Commission. Dennis' Foods Inc waiver executed on 5/4/2005, answer due 7/5/2005. (Daley, Robert) (Entered: 05/24/2005)
Update Answer Deadline: Answer due from Dennis' Foods Inc on 5/26/2005, per waiver. (kric, ) (Entered: 05/24/2005)

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05/31/2005 05/31/2005 05/31/2005 06/01/2005
07/06/2005

11 ANSWER to Complaint with Jury Demand by Dennis' Foods Inc.(Cone, Robert) (Entered: 05/31/2005)
12 Local Rule 26.01 Answers to Interrogatories by Dennis' Foods Inc.(Cone, Robert) (Entered: 05/31/2005)
13 CERTIFICATE OF SERVICE by Dennis' Foods Inc re 12 Local Rule 26.01 Answers to Interrogatories, 11 Answer to Complaint (Cone, Robert) (Entered: 05/31/2005)
14 SCHEDULING ORDER:Rule 26(f) Conference Deadline 6/21/2005. 26(a) Initial Disclosures due by 7/5/2005. Rule 26 Report due by 7/5/2005. Amended Pleadings due by 8/1/2005. Plaintiffs ID of Expert Witness due by 8/29/2005. Defendants ID of Expert Witnesses Due by 9/28/2005. Records Custodian Affidavit due by 9/28/2005. Discovery due by 11/28/2005. Motion in Limine due by 3/13/2006. Motions due by 12/12/2005. Rule 26(a)(3) Disclosures due by 2/27/2006. Pretrial Briefs due by 3/27/2006. Jury Selection Deadline 4/3/2006. Mediation Due by 2/10/2006. Signed by Judge Henry F Floyd on 6/1/05. (jtho, ) (Entered: 06/01/2005)
15 CONSENT DECREE. Signed by Judge Henry F Floyd on 7/6/2005. (Attachments: # 1 Appendix A-referral letter# 2 Appendix B)(alew, ) (Entered: 07/06/2005)

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