IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MISSOURI
SOUTHWESTERN DIVISION

EQUAL EMPLOYMENT OPPORTUNITY )

COMMISSION,

)

)

Plaintiff,

)

)

)

v.

)

)

BEST BUY HERE PAY HERE, L.L.C.,

)

BEST MOTOR COMPANY LEASING,

)

INC., and BRYAN HUNT, d/b/a BEST BUY )

HERE PAY HERE,

)

)

Defendants.

)

CIV. ACTION NO. 06-5096-SWJCE
COMPLAINT
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 sex, and to provide

appropriate relief to Camie Neal, who was adversely affected by such practices. The

Commission alleges that Defendants Best Buy Here Pay Here, L.L.C., Best Motor Company

Leasing, Inc., and Bryan Hunt d/b/a Best Buy Here Pay Here, subjected Camie Neal to a

sexually hostile work environment and then discharged Neal on the basis of her sex and in

retaliation for Neal’s complaints of discrimination.

JURISDICTION AND VENUE

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

1343 and 1345. This action is authorized and instituted pursuant to Section 706(f)(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 Western District of Missouri, Southwestern 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 Section 706(f)(1) and (3) of Title VII, 42 U.S.C. § 2000e-5(f)(1) and (3). 4. At all relevant times, Defendants have continuously been a doing business in the State of Missouri and the City of Joplin, functioning as a single employer and continuously employing at least 15 employees. 5. At all relevant times, Defendants have 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, Camie Neal filed a charge with the Commission alleging violations of Title VII by Defendant Employers. All conditions precedent to the institution of this lawsuit have been fulfilled. 7. From approximately March through May 2005, Defendant Employers engaged in the following unlawful employment practices at their Joplin, Missouri facility and Arkansas headquarters, in violation of Section 703(a)(1) and 704(a) of Title VII, 42 U.S.C. § 2000e2(a)(1) and 3:
(a) Defendants subjected Camie Neal to a sexually hostile work environment;

(b) Defendants unlawfully terminated Camie Neal’s employment on the basis of sex; and
(c) Defendants retaliated against Camie Neal for complaining about employment discrimination.
8. The effect of the practices complained of in paragraph 7 above has been to deprive Camie Neal of equal employment opportunities and otherwise adversely affect her status as an employee because of her sex.
9. 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 rights of Camie Neal.
PRAYER FOR RELIEF Wherefore, the Commission respectfully requests that this Court: A. Grant a permanent injunction enjoining Defendant Employers, their officers, successors, assigns, and all persons in active concert or participation with them, from engaging in sexual harassment, sex discrimination in terms and conditions of employment, sex discrimination in terminations, retaliation, and any other employment practice which discriminates on the basis of sex. B. Order Defendant Employers to institute and carry out policies, practices, and programs that provide equal employment opportunities for women, and that eradicate the effects of its past and present unlawful employment practices. C. Order Defendant Employers to make whole Camie Neal, by providing appropriate backpay 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 of Camie Neal.
D. Order Defendant Employers to make whole Camie Neal, by providing compensation for past and future pecuniary losses resulting from the unlawful employment practices described in paragraph 7 above, including job search and medical expenses, in amounts to be determined at trial.
E. Order Defendant Employers to make whole Camie Neal by providing compensation for past and future nonpecuniary losses resulting from the unlawful practices complained of in paragraph 7 above, including emotional pain, suffering, inconvenience, loss of enjoyment of life, and humiliation, in amounts to be determined at trial.
F. Order Defendant Employers to pay Camie Neal punitive damages for their malicious and reckless conduct described in paragraph 7 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 of this action. JURY TRIAL DEMAND
The Commission requests a jury trial on all questions of fact raised by this complaint.
Respectfully submitted, RONALD S. COOPER General Counsel JAMES L. LEE Deputy General Counsel

GWENDOLYN YOUNG REAMS Associate General Counsel

/s/ Robert G. Johnson ROBERT G. JOHNSON Regional Attorney

/s/ Barbara A. Seely

BARBARA A. SEELY Supervisory Trial Attorney U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION St. Louis District Office 1222 Spruce St., Room 8.100 St. Louis, MO 63103 (314) 539-7914 FAX: (314) 539-7895 e-mail: robert.johnson@eeoc.gov
barbara.seely@eeoc.gov

/s/ Andrea G. Baran

ANDREA G. BARAN

MO #46520

Senior Trial Attorney

U.S. EQUAL EMPLOYMENT

OPPORTUNITY COMMISSION

Kansas City Area Office

400 State Avenue, Suite 905

Kansas City, KS 66101

(913) 551-5848

FAX: (913) 551-6957

e-mail: andrea.baran@eeoc.gov

 
 Case 3:06-cv-05096-JCE Document 4 Filed 11/08/2006 Page 1 of 8

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MISSOURI
SOUTHWESTERN DIVISION

EQUAL EMPLOYMENT OPPORTUNITY

)

COMMISSION AND CAMIE NEAL

)

)

Plaintiff/Plaintiff-Intervenor

)

)

)

)

Case No. 06-5096-CV-SW-JCE

BEST BUY HERE PAY HERE, L.L.C.,

)

BEST MOTOR COMPANY LEASING,

)

INC., and BRYAN HUNT, d/b/a BEST BUY

)

HERE PAY HERE,

)

)

Defendants.

)

COMPLAINT OF INTERVENOR CAMIE NEAL
COMES NOW Plaintiff- Intervenor Camie Neal, by and through her undersigned attorneys, and for her cause of action against the Defendants states as follows:
PARTIES 1. Plaintiff-Intervenor Camie Neal is a resident of the State of Missouri, residing in Joplin, Jasper County, Missouri. 2. Plaintiff Equal Employment Opportunity Commission ("EEOC"), the federal agency charged with the administration, interpretation and enforcement of Title VII, brought the instant action pursuant to § 706(f)(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) and Section 102 0f the Civil Rights Act of 1991, 42 U.S.C. § 1981a.. 3. At all relevant times, Defendants have continuously been a doing business in the

Case 3:06-cv-05096-JCE Document 4 Filed 11/08/2006 Page 2 of 8
State of Missouri and the City of Joplin, functioning as a single employer and continuously employing at least 15 employees. 4. At all relevant times, Defendants have 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) 5. At all relevant times, Defendants Best Buy Here Pay Here, L.L.C., Best Motor Company Leasing, Inc., and Bryan Hunt, D/B/A Best Buy Here Pay Here were employers within the meaning of Chapter 213 of the revised statutes of Missouri, doing business in Joplin, Jasper County, Missour i
JURISDICTION AND VENUE 5. Jurisdiction of this Court is invoked pursuant to 28 U.S.C. §§ 451, 1331, 1337, 1343 and 1345. This action is authorized and instituted pursuant to Section 706(f)(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. 6. This Court has Jurisdiction over Plaintiff- Intervenor Camie Neal’s pendent state claims pursuant to 28 U.S.C. § 1367. 7. All condit ions precedent to the institution of this lawsuit have been fulfilled.
COUNT I PLAINTIFF’S CLAIM UNDER TITLE VII 8. From approximately March through May 2005, Defendant Employers engaged in the following unlawful employment practices at their Joplin, Missouri facility and Arkansas headquarters, in violation of Section 703(a)(1) and 704(a) of Title VII, 42 U.S.C. § 2000e2(a)(1) and 3: (a) Defendants subjected Camie Neal to a sexually hostile work environment;

Case 3:06-cv-05096-JCE Document 4 Filed 11/08/2006 Page 3 of 8
(b) Defendants unlawfully terminated Camie Neal’s employment on the basis of sex; and (c) Defendants retaliated against Camie Neal for complaining about employment discrimination. 9. The effect of the practices complained of in paragraph 7 above has been to deprive Camie Neal of equal employment opportunities and otherwise adversely affect her status as an employee because of her sex. 10. The unlawful employment practices complained of in paragraph 8 above were intentional. 11. The unlawful employment practices complained of in paragraph 8 above were done with malice or with reckless indifference to the federally protected rights of Camie Neal. WHEREFORE, for Count I of Plaintiff- Intervenor Camie Neal’s cause of action, she respectfully requests that this Court: A. Order Defendant Employers to make whole Camie Neal, 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 of Camie Neal. B. Order Defendant Employers to make whole Camie Neal, by providing compensation for past and future pecuniary losses resulting from the unlawful employment practices described in paragraph 7 above, including job search and medical expenses, in amounts to be determined at trial. C. Order Defendant Employers to make whole Camie Neal by providing compensation for past and future nonpecuniary losses resulting from the unlawful practices complained of in paragraph 8 above, including emotional pain, suffering, inconvenience, loss of enjoyment of life, and humiliation, in amounts to be determined at trial. D. Order Defendant Employers to pay Camie Neal punitive damages for their malicious and reckless conduct described in paragraph 7 above, in amounts to be determined at trial.

Case 3:06-cv-05096-JCE Document 4 Filed 11/08/2006 Page 4 of 8
E. Award Plaintiff-Intervenor Camie Neal her reasonable attorney fees and costs incurred in this action.
Count II PLAINTIFF-INTERVENOR CAMIE NEAL’S CLAIM PURSUANT TO THE MISSOURI
HUMAN RIGHTS ACT FOR DAMAGES DUE TO SEXUAL HARASSMENT AND DISCRIMINATION
12. Bill Eaton, was manager of Defendants’ facility in Joplin, Missouri and was Plaintiff-Intervenor Camie Neal’s supervisor. All actions of Bill Eaton alleged herein were done within the scope and course of his employment by Defendants or while performing duties on behalf of Defendants. 13. From approximately March through May 2005, on virtually a daily basis, Bill Eaton made lewd and sexually provocative and degrading statements to and in the presence of Plaintiff- Intervenor Camie Neal thereby subjecting her to a sexually hostile work environment. 14. The harassment Plaintiff-Intervenor Camie Neal suffered was severe and pervasive and affected the terms, conditions or privileges of her employment. 15. Between March through May 2005 Plaintiff-Intervenor Camie Neal notified Defendants of the conduct of Bill Eaton by complaining to Brent Pilgrim, Defendant’s regional manager and Nita l/n/u, Defendant’s general manager about Eaton’s conduct and actions. 16. Defendants failed to take action to stop Eaton from harassing Plaintiff and took no action to discipline Eaton or to correct his behavior and continued Eaton as Plaintiff’s supervisor. 17. Defendants knew or should have known of Eaton’s unwelcome and offensive comments and behavior but failed to take appropriate action to remedy or correct his behavior.

Case 3:06-cv-05096-JCE Document 4 Filed 11/08/2006 Page 5 of 8
18. By engaging in those actions set forth above, Defendants engaged in unlawful employment practices in violation of RSMo. Sec. 213.055, as amended, including but not limited to discrimination against the Plaintiff on account of her gender. 19. As a direct and proximate result of Defendants’ unlawful employment practices, the PlaintiffIntervenor Camie Neal has suffered and will continue to suffer embarrassment, humiliation, mental anguish, emotional distress and loss of wages and career advancement. 20. The actions and inactions of Defendants in permitting the sexually hostile environment to occur and persist after that environment had been made apparent, demonstrates complete indifference and a conscious, intentional, malicious and reckless disregard for Plaintiff-Intervenor Camie Neal’s rights entitling her to punitive damages pursuant to RSMo. 213 and the common law. 21. Because of said injuries, Plaintiff- Intervenor Camie Neal is entitled to such affirmative relief as may be appropriate under Chapter 213 RSMo., including but not limited to back pay, benefits, compensatory damages, punitive damages and attorney's fees and costs.
WHEREFORE, for Count II of Plaintiff- Intervenor Camie Neal’s cause of action, she prays that judgment be entered in her favor and against Defendants, jointly and severally, to include compensatory damages, back pay, benefits, prejudgment interest, punitive damages, all in an amount according to proof at trial; that Plaintiff be awarded reasonable attorneys fees and costs of suit; and that Plaintiff be awarded such other and further relief as the Court deems just and proper.
Count III PLAINTIFF-INTERVENOR CAMIE NEAL’S CLAIM PURSUANT TO THE MISSOURI
HUMAN RIGHTS ACT FOR DAMAGES DUE TO RETALIATORY DISCHARGE

Case 3:06-cv-05096-JCE Document 4 Filed 11/08/2006 Page 6 of 8
Plaintiff-Intervenor Camie Neal, for Count III of this cause of action against Defendants for violation of the common law of the state of Missouri, of Chapter 213 RSMO states and alleges as follows: 22. Plaintiff-Intervenor Camie Neal incorporates by reference as if fully set forth herein paragraphs 1 through 18. 23. On May 21st, 2005 while Plaintiff- Intervenor Camie Neal was engaged in her duties as Defendants employee she was advised that her child had been injured and was at the hospital with a broken arm. 24. At said time and place, Plaintiff-Intervenor Camie Neal requested that Eaton permit her to leave her duties and go to the hospital to be with her child. 25. Despite the fact that other employees were on duty at Defendants’ place of business and could have carried on Plaintiff- Intervenor Camie Neal’s duties in her absence, Eaton refused to allow her to leave to go to the hospital to be with her child and advised her she would be fired if she left. 26. Eaton’s refusal to allow Plaintiff- Intervenor Camie Neal to go to the hospital to be with her child was inconsistent with his previous treatment of other employees in that on he had on numerous other occasions allowed employees to leave the business to attend to personal business. 27. Eaton’s refusal to allow Plaintiff- Intervenor Camie Neal to go to the hospital to be with her child was unreasonable and was done in direct retaliation for her complaints made about his sexually harassing conduct. 28. After Eaton’s refusal to allow her to leave on May 21st, 2005 Plaintiff- Intervenor Camie Neal left her employment to go to the hospital to be with her child. At the time Plaintiff left, there were only two hours of her shift remaining.

Case 3:06-cv-05096-JCE Document 4 Filed 11/08/2006 Page 7 of 8
29. After leaving work on May 21st, 2005, Plaintiff-Intervenor Camie Neal notified Brent Pilgrim, and Nita l/n/u, of Eaton’s statements and actions and was told that the matter would be taken care of and that she should return to work on Monday, May 23rd, 2005. 30. On May 23rd, 2005 Defendants terminated Plaintiff-Intervenor Camie Neal from her employment in retaliation against her for complaining about Eaton’s sexual harassment. 31. By retaliating against Plaintiff-Intervenor Camie Neal by engaging in those actions set forth above, Defendants engaged in unlawful employment practices in violation of RSMo. Sec. 213.055, as amended 32. As a direct and proximate result of Defendants’ unlawful employment practices alleged in this count, the Plaintiff-Interveno r Camie Neal has suffered and will continue to suffer embarrassment, humiliation, mental anguish, emotional distress and loss of wages and career advancement. 33. The actions and inactions of Defendants in retaliating against Plaintiff-Intervenor Camie Neal, demonstrates complete indifference and a conscious, intentional, malicious and reckless disregard for her rights, entitling her to punitive damages pursuant to RSMo. 213 and the common law. 34. Because of said injuries, Plaintiff- Intervenor Camie Neal is entitled to such affirmative relief as may be appropriate under Chapter 213 RSMo., including but not limited to back pay, benefits, compensatory damages, punitive damages and attorney's fees and costs.
WHEREFORE, for Count III of Plaintiff-Intervenor Camie Neal’s cause of action, she prays that judgment be entered in her favor and against Defendants, jointly and severally, to include compensatory damages, back pay, benefits, prejudgment interest, punitive damages, all in an amount according to proof at trial; that Plaintiff be awarded reasonable attorneys fees and costs of suit; and that Plaintiff be awarded such other and further relief as the Court deems just and proper.

Case 3:06-cv-05096-JCE Document 4 Filed 11/08/2006 Page 8 of 8
FLEISCHAKER & WILLIAMS
By: s/s William J. Fleischaker William J. Fleischaker Missouri Bar No.: 22600 P. O. Box 996 Joplin, MO 64802 417-623-2865 417-623-2868 (fax) bill@ozarklaw.com
ATTORNEYS FOR PLAINTIFF
I hereby certify that a true and correct copy of this pleading was electronically filed this 8th day of November, 2006 with service to:
ANDREA G. BARAN MO #46520 Senior Trial Attorney U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Kansas City Area Office 400 State Avenue, Suite 905 Kansas City, KS 66101 (913) 551-5848 FAX: (913) 551-6957 e-mail: andrea.baran@eeoc.gov
By: /s/ William J. Fleischaker William J. Fleischaker

 
 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MISSOURI SOUTHWESTERN DIVISION

EQUAL EMPLOYMENT

)

OPPORTUNITY COMMISSION and )

CAMIE NEAL,

)

)

Plaintiff/Plaintiff Intervenor, )

)

vs.

)

)

BEST BUY HERE PAY HERE, L.L.C., )

BEST MOTOR COMPANY LEASING, )

INC., and BRYAN HUNT d/b/a

)

BEST BUY HERE PAY HERE,

)

)

Defendants.

)

Case No. 06-5096-CV-SW-GAF

ORDER OF DISMISSAL

Now before the Court is the parties’ Joint Stipulated Dismissal of Defendant Bryan Hunt, d/b/a

Best Buy Here Pay Here, L.L.C. Accordingly, it is

ORDERED that Defendant Bryan Hunt, d/b/a Best Buy Here Pay Here, L.L.C. is dismissed

with prejudice. Each party is to pay its own costs.

DATED: February 9, 2007

s/ Gary A. Fenner Gary A. Fenner United States District Judge

 
 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MISSOURI
SOUTHWESTERN DIVISION

EQUAL EMPLOYMENT OPPORTUNITY )

COMMISSION and

)

CAMIE NEAL,

)

)

Plaintiff/Plaintiff Intervenor,

)

)

v.

)

)

BEST BUY HERE PAY HERE, L.L.C. )

BEST MOTOR COMPANY LEASING, )

INC.,

)

)

Defendants.

)

___________________________________

Case No. 06-5096-CV-SW-GAF

AMENDED CONSENT DECREE

Plaintiff Equal Employment Opportunity Commission (“EEOC”) commenced this action

against Defendants Best Buy Here Pay Here, L.L.C. and Best Motor Company Leasing, Inc.

alleging that Camie Neal was subjected to sexual harassment by her supervisor during her

employment at Defendant’s dealership in Joplin, Missouri, and discharged in retaliation for her

complaining about such sexual harassment, in violation of Title VII of the Civil Rights Act of

1964 and Title I of the Civil Rights Act of 1991 (“Title VII”). Camie Neal (“Plaintiff-

Intervenor”) was permitted by the Court to intervene through private counsel in the EEOC’s suit

and has asserted sexual harassment and retaliatory discharge claims against Defendants under

both Title VII and the Missouri Human Rights Act (“MHRA”).

For purposes of settlement and compromise only, and with no admission of

liability by Defendants, the parties have advised the Court that they wish to resolve the instant

controversy without the expense, delay, and burden of further litigation. The parties acknowledge that the settlement of this lawsuit and entry of this Consent Decree do not constitute and shall not be construed as an adjudication or admission of liability under Title VII, the MHRA, or any federal or state law.
THEREFORE, it is the finding of this Court, made on the pleadings, the record as a whole, and upon agreement of the parties, that: (i) this Court has jurisdiction over the parties to and the subject matter of this action; (ii) the requirements of Title VII and the MHRA shall be carried out by the entering of this Decree; (iii) this Decree is intended to and does resolve all matters in controversy in this lawsuit among all parties; and (iv) the terms of this Decree constitute a fair and equitable settlement of all issues in this lawsuit.
IT IS THEREFORE ORDERED, ADJUDGED, AND DECREED: I. General Provisions
1. The Consent Decree is being entered by and with the consent of the parties for purposes of settlement.
2. Defendants shall not discriminate against any employee by subjecting such employee to sex discrimination, including sexual harassment, at any of Defendants’ dealerships or other facilities.
3. Defendants shall not retaliate against any employee because such employee has: (i) opposed any employment practice alleged to constitute unlawful sex discrimination, including sexual harassment; (ii) participated in an investigation concerning or related to allegations of possible sex discrimination, including sexual harassment; (iii) participated in this lawsuit or the
2

underlying EEOC investigation of the charge which formed the predicate for this lawsuit; and/or (iv) benefited in any manner as a result of the Consent Decree.
II. Relief for Plaintiff-Intervenor 1. Within ten (10) days of the entry of the Consent Decree by the Court, Defendants shall pay an amount totaling $29,000.00, as and for damages and attorneys’ fees in this action, and simultaneously deliver by certified mail to William Fleischaker, counsel of record for PlaintiffIntervenor Camie Neal, checks totaling such amount along with applicable completed tax form(s).
2. Within ten (10) days of the entry of the Consent Decree by the Court, Defendants shall cause Bryan Hunt or other appropriate official to sign a letter of reference for PlaintiffIntervenor in the form shown in Exhibit A on company letterhead and deliver such letter by certified mail to William Fleischaker, counsel of record for Plaintiff-Intervenor. Defendants shall include such signed reference letter in Plaintiff-Intervenor’s permanent personnel file.
3. In the case of inquiries by prospective employers regarding Plaintiff- Intervenor, Defendants shall limit responses to the information contained in such reference letter and make copies of such letter available to prospective employers upon request.
4. Within ten (10) days of the entry of the Consent Decree by the Court, Defendants shall mail copies of the checks and signed letter described paragraphs 1 and 2, above, to Rebecca S. Stith, Senior Trial Attorney, Equal Employment Opportunity Commission, St. Louis District Office, Room 8.100, 1222 Spruce St., St. Louis, MO 63103.
3

III. Injunctive Relief 1. Defendants shall immediately terminate and shall not re-hire William Eaton. 2. Within thirty (30) days of the entry of the Consent Decree by the Court, Defendants shall distribute to all employees a letter, prepared on company letterhead and signed and dated by Bryan Hunt, stating that: (i) sex discrimination and sexual harassment are strictly prohibited and will not be tolerated; (ii) employees who engage in sex discrimination or sexual harassment conduct will be disciplined up to and including discharge; (iii) employees are encouraged and requested to report possible sex discrimination, including sexual harassment, to any supervisor or manager and/or to the Equal Employment Opportunity Commission; (iv) employees making such reports will not be subject to retaliation by Defendants or any of their employees; and (v) any employee found to have engaged in sex discrimination, sexual harassment, or retaliation shall be disciplined up to and including discharge. At the time of distribution, a copy of such memorandum shall be simultaneously mailed to Rebecca S. Stith, Senior Trial Attorney, Equal Employment Opportunity Commission, St. Louis District Office, Room 8.100, 1222 Spruce St., St. Louis, MO 63103. 3. Within thirty (30) days of the entry of the Consent Decree by the Court, Defendants shall post in employee break rooms and other locations where such information is commonly posted at any and all dealerships or other facilities in Missouri and Arkansas both the notice required by EEOC regulation 29 CFR 1601.30, which is set forth in Exhibit B, and the Notice attached to the Consent Decree as Exhibit C. The notice required by such regulation shall remain posted in perpetuity, as required by law, and such Notice shall remain posted during the term of the Consent Decree.
4

4. Within ninety (90) days of the entry of the Consent Decree by the Court, Defendants shall cause all supervisory and management employees at any and all of Defendants’ dealerships and other facilities located in Missouri and Arkansas, including but not limited to Nita Osborne and Brent Pilgrim, to attend three (3) hours of sex discrimination and sexual harassment training provided by a reputable training vendor. Within thirty (30) days of the entry of the Decree by the Court, Defendants shall provide the names and contact information for potential training vendors in writing to Rebecca S. Stith, Senior Trial Attorney, EEOC, 1222 Spruce St., Room 8.100, St. Louis, MO 63103, for review and approval.
5. Within six (6) months of the entry of the Consent Decree by the Court, Defendants shall provide written certification of compliance with the requirements set forth in Sections II and III of the Consent Decree to Rebecca S. Stith, Senior Trial Attorney, Equal Employment Opportunity Commission, St. Louis District Office, Room 8.100, 1222 Spruce St., St. Louis, MO 63103. Such certification shall include copies of any and all documents referenced or described in Sections II and III, above, that Defendants have not already provided to the EEOC pursuant to the Consent Decree.
6. During the term of the Consent Decree, Defendants shall provide written notice to Rebecca S. Stith, Senior Trial Attorney, Equal Employment Opportunity Commission, St. Louis District Office, Room 8.100, 1222 Spruce St., St. Louis, MO 63103, within thirty (30) days of the receipt, of any and all internal complaints, whether oral or written, alleging possible sexual harassment at any of Defendants’ dealerships or other facilities located in Missouri and Arkansas. Such notice shall include the name of the person making the complaint, the date of
5

the complaint, the name of the alleged harasser, the nature of the complaint, and the resolution of

the complaint following Defendants’ investigation.

7. During the term of the Consent Decree, Defendants shall allow representatives of

the EEOC to review compliance with the injunctive provisions of the Consent Decree, including

but not limited to on-site inspection and copying at any and all of Defendants’ dealerships and

other facilities in Missouri and Arkansas with at least five (5) business days’ written notice from

the EEOC in advance of any such inspection.

IV. Term and Effect of Decree

1. By entering into the Consent Decree, the parties do not intend to resolve any

charges of discrimination other than the charge filed by the Plaintiff-Intervenor that created the

jurisdictional foundation for the Complaint and Intervenor Complaint filed in this case.

2. The Consent Decree shall be in force for a period of three (3) years during which

term the Court shall retain jurisdiction for purposes of compliance and enforcement.

3. The Consent Decree shall be binding upon the parties hereto, their successors and

assigns. Defendants shall notify any successors and assigns, including but not limited to

purchasers, of the obligations of the Consent Decree prior to the sale of Defendants’ dealerships

or other facilities in Missouri and/or Arkansas during the three (3) year term of the Consent

Decree.

4. The parties shall bear their own costs and attorneys’ fees.

SO ORDERED: DATED: September 11, 2007

s/ Gary A. Fenner GARY A. FENNER, JUDGE UNITED STATES DISTRICT COURT

6

EXHIBIT A [Company letterhead] To Whom It May Concern:
Camie Neal was employed as a sales person at the Best Buy Here Pay Here Dealership in Joplin, Missouri, from ___________ to ___________. Ms. Neal’s performance met or exceeded expectations in all respects.
By:________________________________ Bryan Hunt, President
7

EXHIBIT B TITLE 29-LABOR COMMISSION PART 1601--PROCEDURAL REGULATIONS--Table of Contents Subpart C--Notices to Employees, Applicants for Employment and Union
Members Sec. 1601.30 Notices to be posted.
(a) Every employer, employment agency, labor organization, and joint labor-management committee controlling an apprenticeship or other training program that has an obligation under title VII or the ADA shall post and keep posted in conspicuous places upon its premises notices in an accessible format, to be prepared or approved by the Commission, describing the applicable provisions of title VII and the ADA. Such notice must be posted in prominent and accessible places where notices to employees, applicants and members are customarily maintained.
(b) Section 711(b) of Title VII makes failure to comply with this section punishable by a fine of not more than $110 for each separate offense. [42 FR 55388, Oct. 14, 1977, as amended at 55 FR 2518, Jan. 25, 1990; 56 FR 9625, Mar. 7, 1991; 62 FR 26934, May 16, 1997]
EEOC Publications may be obtained by contacting 1-800-669-3362.
8

EXHIBIT C [Company letterhead]
NOTICE TO EMPLOYEES
This notice is being posted pursuant to a Consent Decree entered to resolve claims of sexual harassment in the case of Equal Employment Opportunity Commission, et al. v. Best Buy Here Pay Here, et al., No. 06-5096-CV-SW-GAF, filed in the United States District Court for the Western District of Missouri.
Federal and Missouri laws prohibit discrimination against any employee or applicant for employment because of the individual’s disability, race, national origin, color, religion, sex, or age (40 and over) with respect to hiring, promotion, firing, compensation, or other terms, conditions or privileges of employment. Such laws also prohibit retaliation against employees because they have reported or opposed practices that they believe discriminate on the basis of disability, race, national origin, color, religion, sex, or age (40 and over), have filed charges with the Equal Employment Opportunity Commission (“EEOC”) or other local, state, or federal government agency, or have participated in or cooperated with an investigation by the EEOC or other local, state, or federal government agency.
In particular, Federal and Missouri laws prohibit the sexual harassment of employees. Best Buy Here Pay Here and Best Motor Company Leasing support and will comply with such laws and will not take retaliate or tolerate retaliation against any employee for exercising his or her rights under such laws.
Employees are strongly encourage promptly to report possible discrimination, including sexual harassment and retaliation, to any supervisory or management official at any time. Employees also may contact the EEOC’s Kansas City Area Office, which is located at Gateway Tower II, 4th & State Ave., 9th Floor, Kansas City, KS, 66101, 913-551-5656 or 1-800-6694000. The EEOC’s web site is www.eeoc.gov.
9

 
 CM/ECF Western District of Missouri

https://ecf.mowd.uscourts.gov/cgi-bin/DktRpt.pl?565124398523717-L_...

CLOSED, EAPN, PHV
U.S. District Court United States District Court for the Western District of Missouri (Joplin)
CIVIL DOCKET FOR CASE #: 3:06-cv-05096-GAF

Equal Employment Opportunity Commission v. Best Buy Here Pay Here, LLC et al Assigned to: District Judge Gary A. Fenner Cause: 42:2000e Job Discrimination (Employment)

Date Filed: 09/28/2006 Date Terminated: 09/13/2007 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

Plaintiff
Equal Employment Opportunity Commission

represented by Andrea G. Baran US Equal Employment Opportunity Comm 400 State Ave. Suite 905 Kansas City, KS 66101 (913)551-5848 Fax: (913)551-6957 Email: andrea.baran@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Barbara A. Seely Equal Employment Opportunity Commission Robert Young Federal Building 1222 Spruce Street Room 8.100 St. Louis, MO 63103 (314)539-7916 Fax: (314)539-7895 Email: barbara.seely@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Rebecca S. Stith Equal Employment Opportunity Commission Robert Young Federal Building 1222 Spruce Street Room 8.100 St. Louis, MO 63103 (314) 539-7917 Fax: (314)539-7895

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V. Intervenor Plaintiff Plaintiff-Intervenor Camie Neal
V. Defendant Best Buy Here Pay Here, LLC
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Email: rebecca.stith@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED
Robert G. Johnson Equal Employment Opportunity Commission 1222 Spruce Street Room 8.100 St. Louis, MO 63103 (314)539-7910 Fax: (314)539-7895 Email: robert.johnson@eeoc.gov TERMINATED: 04/30/2007 LEAD ATTORNEY
represented by William J. Fleischaker Fleischaker & Williams 418 Wall P. O. Box 996 Joplin, MO 64802 (417)623-2865 Fax: (417)623-2868 Email: bill@ozarklaw.com ATTORNEY TO BE NOTICED
represented by Kenneth Shemin One E. Center Street, Suite 212 P.O. Box 3578 Fayetteville, AR 72702 TERMINATED: 04/30/2007 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Kevin D Case Case & Roberts, P.C Two Pershing Square 2300 Main Street Suite 900 Kansas City, MO 64108 (816)448-3707 Fax: (816)448-3101
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Defendant Best Motor Company Leasing, Inc.
Defendant Bryan Hunt doing business as Best Buy Here Pay Here

Email: kevin.case@caseroberts.com LEAD ATTORNEY
Erin A. Webber Littler Mendelson, PC 2300 Main Street Suite 900 Kansas City, MO 64108 (816) 448-3558 Fax: (816) 817-0735 Email: ewebber@littler.com TERMINATED: 04/19/2007
represented by Kevin D Case (See above for address) LEAD ATTORNEY
Erin A. Webber (See above for address) TERMINATED: 04/19/2007
represented by Kevin D Case (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Erin A. Webber (See above for address) TERMINATED: 04/19/2007

Date Filed 09/28/2006
09/29/2006 10/02/2006 11/08/2006

# Docket Text
1 COMPLAINT against all defendants (Filing fee waived) Service due by 1/26/2007, filed by Andrea G. Baran on behalf of Equal Employment Opportunity Commission.(Baran, Andrea). Modified on 9/29/2006 to attach civil cover sheet (Baldwin, Joella). (Entered: 09/28/2006)
NOTICE OF MAGISTRATE ASSIGNMENT e-mailed to plaintiff's counsel. This is a docket entry only. No document is attached. Magistrate Return due by 10/19/2006 (Baldwin, Joella) (Entered: 09/29/2006)
2 Notice of EAPN (Attachments: # 1 general order)(Siegert, Karen) (Entered: 10/02/2006)
3 MOTION to intervene filed by William J. Fleischaker on behalf of Camie NealSuggestions in opposition/response due by 11/24/2006 unless otherwise directed by the court. (Fleischaker, William) (Entered: 11/08/2006)

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11/08/2006 11/28/2006 01/16/2007
01/16/2007 01/19/2007 01/22/2007 02/05/2007 02/05/2007 02/08/2007 02/09/2007 02/26/2007 03/09/2007
03/12/2007 03/12/2007

4 Intervenor COMPLAINT Service due by 3/8/2007, filed by William J. Fleischaker on behalf of Camie Neal.(Fleischaker, William) (Entered: 11/08/2006)
5 ORDER by Judge James C. England granting 3 motion to intervene (Martinez, Alexandra) (Entered: 11/28/2006)
6 MOTION to dismiss party filed by Erin A. Webber on behalf of Bryan HuntSuggestions in opposition/response due by 2/5/2007 unless otherwise directed by the court. (Attachments: # 1 Exhibit 1) Copy of Complaint# 2 Exhibit 2) Affidavit of Bryan Hunt)(Webber, Erin) (Entered: 01/16/2007)
7 ANSWER to Complaint and Statement of Affirmative Defenses filed by Erin A. Webber on behalf of Defendants Best Buy Here Pay Here, LLC, Best Motor Company Leasing, Inc..(Webber, Erin) (Entered: 01/16/2007)
8 DISCLOSURE OF CORPORATE INTERESTS filed by Erin A. Webber on behalf of Defendants Best Buy Here Pay Here, LLC, Best Motor Company Leasing, Inc..(Webber, Erin) (Entered: 01/19/2007)
9 ORDER by Judge James C. England proposed scheduling order due by 4/16/2007, (Elayer, Glenda) (Entered: 01/22/2007)
NOTICE OF MAGISTRATE ASSIGNMENT e-mailed to dfts This is a docket entry only. No document is attached.Magistrate Return due by 3/1/2007 (Howard, Linda) (Entered: 02/05/2007)
10 STIPULATION of dismissal of Bryan Hunt d/b/a Best Buy Here Pay Here by all parties by Equal Employment Opportunity Commission. (Baran, Andrea) (Entered: 02/05/2007)
11 LETTER OF REASSIGNMENT from Judge James C. England to Judge Gary A. Fenner. (Howard, Linda) (Entered: 02/08/2007)
12 Order of Dismissal Signed by Judge Gary A. Fenner on 2/9/07. (Mitchell, Lisa) (Entered: 02/09/2007)
13 ANSWER to Intervenor Complaint and Statement of Affirmative Defenses filed by Erin A. Webber on behalf of Defendants Best Buy Here Pay Here, LLC, Best Motor Company Leasing, Inc..(Webber, Erin) (Entered: 02/26/2007)
14 MOTION to amend/correct Answer and Statement of Affirmative Defenses (Unopposed) filed by Erin A. Webber on behalf of all defendants. Suggestions in opposition/response due by 3/26/2007 unless otherwise directed by the court. (Attachments: # 1 Exhibit First Amended Answer to Complaint of Camie Neal)(Webber, Erin) (Entered: 03/09/2007)
15 ORDER granting 14 motion to amend/correct Signed by Judge Gary A. Fenner on 3/12/07. (Mitchell, Lisa) (Entered: 03/12/2007)
16 AMENDED ANSWER to Intervenor Camie Neals Complaint and Statement of Affirmative Defenses filed by Erin A. Webber on behalf of Defendants Best Buy Here Pay Here, LLC, Best Motor Company Leasing, Inc.. (Webber, Erin) (Entered: 03/12/2007)

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03/16/2007 03/23/2007 03/23/2007
04/03/2007 04/16/2007 04/16/2007 04/16/2007
04/18/2007 04/19/2007 04/19/2007 04/26/2007 04/30/2007 04/30/2007

17 Motion to allow Kenneth Shemin to appear pro hac vice (Pro Hac fee $50 receipt number 1481345) filed by Erin A. Webber on behalf of Best Buy Here Pay Here, LLC, Best Motor Company Leasing, Inc.. (Webber, Erin) (Entered: 03/16/2007)
18 AFFIDAVIT by Best Buy Here Pay Here, LLC, Best Motor Company Leasing, Inc., Bryan Hunt. (Webber, Erin) (Entered: 03/23/2007)
19 ORDER granting 17 motion to appear pro hac vice approved by Clerk of Court. Attorney Kenneth Shemin for Best Buy Here Pay Here, LLC allowed to appear pro hac vice. This is a text only entry and will serve as authorization for the pro hac participation by the attorney. No document is attached. (Howard, Linda) (Entered: 03/23/2007)
20 NOTICE of appearance by Rebecca S. Stith on behalf of Equal Employment Opportunity Commission (Stith, Rebecca) (Entered: 04/03/2007)
21 PROPOSED SCHEDULING ORDER Joint Proposed Scheduling Order and Discovery Plan by Equal Employment Opportunity Commission. (Stith, Rebecca) (Entered: 04/16/2007)
22 RULES OF TRIAL Signed by Judge Gary A. Fenner on 4/16/07. (Mitchell, Lisa) (Entered: 04/16/2007)
23 SCHEDULING ORDER:Discovery due by 10/19/2007., Pretrial Conference set for 3/21/2008 02:00 PM before Judge Gary Fenner.,Jury Trial set for 4/21/2008 09:00 AM in Courtroom 2, Springfield (VJC) before Judge Gary Fenner.,Dispositive Motions due by 11/16/2007. Signed by Judge Gary A. Fenner on 4/16/07. (Mitchell, Lisa) (Entered: 04/16/2007)
24 NOTICE of appearance by Kevin D Case on behalf of all defendants (Case, Kevin) (Entered: 04/18/2007)
25 MOTION to withdraw as attorney filed by Erin A. Webber on behalf of Best Buy Here Pay Here, LLC, Best Motor Company Leasing, Inc.. Suggestions in opposition/response due by 5/4/2007 unless otherwise directed by the court. (Webber, Erin) (Entered: 04/19/2007)
26 ORDER granting 25 motion to withdraw as attorney. Attorney Erin A. Webber terminated Signed by Judge Gary A. Fenner on 4/19/07. (Mitchell, Lisa) (Entered: 04/19/2007)
27 MOTION to withdraw as attorney filed by Robert G. Johnson on behalf of Equal Employment Opportunity Commission. Suggestions in opposition/response due by 5/11/2007 unless otherwise directed by the court. (Johnson, Robert) (Entered: 04/26/2007)
28 MOTION to withdraw as attorney filed by Erin A. Webber on behalf of Best Buy Here Pay Here, LLC, Best Motor Company Leasing, Inc.. Suggestions in opposition/response due by 5/17/2007 unless otherwise directed by the court. (Attachments: # 1 Proposed Order)(Webber, Erin) (Entered: 04/30/2007)
29 ORDER granting 28 motion to withdraw as attorney. Attorney Kenneth Shemin terminated Signed by Judge Gary A. Fenner on 4/30/07. (Mitchell, Lisa) (Entered:

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04/30/2007 05/01/2007 05/31/2007 06/08/2007 06/11/2007 07/13/2007 07/26/2007 07/26/2007 07/31/2007 08/07/2007 08/16/2007
09/11/2007

04/30/2007)
30 ORDER granting 27 motion to withdraw as attorney. Attorney Robert G. Johnson terminated Signed by Judge Gary A. Fenner on 4/30/07. (Mitchell, Lisa) (Entered: 04/30/2007)
31 CERTIFICATE OF SERVICE OF INITIAL RULE 26 DISCLOSURES filed by Rebecca S. Stith on behalf of Plaintiff Equal Employment Opportunity Commission.(Stith, Rebecca) (Entered: 05/01/2007)
32 CERTIFICATE OF SERVICE OF INITIAL RULE 26 DISCLOSURES filed by Kevin D Case on behalf of Defendants Best Buy Here Pay Here, LLC, Best Motor Company Leasing, Inc., Bryan Hunt.(Case, Kevin) (Entered: 05/31/2007)
33 CERTIFICATE OF SERVICE by all defendants Supplmental Rule 26 Disclosures filed by Kevin D Case on behalf of Defendants Best Buy Here Pay Here, LLC, Best Motor Company Leasing, Inc., Bryan Hunt.(Case, Kevin) (Entered: 06/08/2007)
34 CERTIFICATE OF SERVICE by Equal Employment Opportunity Commission First Request for Production of Documents to Defendants filed by Rebecca S. Stith on behalf of Plaintiff Equal Employment Opportunity Commission.(Stith, Rebecca) (Entered: 06/11/2007)
35 CERTIFICATE OF SERVICE by Best Motor Company Leasing, Inc. Responses to Plaintiff's First Request for Production of Documents filed by Kevin D Case on behalf of Defendant Best Motor Company Leasing, Inc..(Case, Kevin) (Entered: 07/13/2007)
36 First NOTICE to take deposition of Nita Osborne, Brent Pilgrim, William Eaton filed by Rebecca S. Stith on behalf of Plaintiff Equal Employment Opportunity Commission.(Stith, Rebecca) (Entered: 07/26/2007)
***Remark - TEST ENTRY ONLY - NO DOCUMENT IS ATTACHED. (Bax, Laura) (Entered: 07/26/2007)
37 CERTIFICATE OF SERVICE by Best Buy Here Pay Here, LLC Defendant's Responses to Plaintiff EEOC's First Request for Production of Documents to Defendant Best Buy Here Pay Here, L.L.C. filed by Kevin D Case on behalf of Defendant Best Buy Here Pay Here, LLC.(Case, Kevin) (Entered: 07/31/2007)
38 Amended NOTICE to take deposition of Nita Osborne, Anthony Brent Pilgrim, William Eaton filed by Rebecca S. Stith on behalf of Plaintiff Equal Employment Opportunity Commission.(Stith, Rebecca) (Entered: 08/07/2007)
39 CERTIFICATE OF SERVICE by all defendants of Defendants' First Interrogatories to Plaintiff Intervenor, Defendants' First Request for Production of Documents to Plaintiff Intervenor, and Defendants' First Request for Admissions to Plaintiff Intervenor filed by Kevin D Case on behalf of Defendants Best Buy Here Pay Here, LLC, Best Motor Company Leasing, Inc., Bryan Hunt.(Case, Kevin) (Entered: 08/16/2007)
40 Joint MOTION for consent judgment Joint Motion to Approve Consent Decree filed by Rebecca S. Stith on behalf of Equal Employment Opportunity Commission. Suggestions in opposition/response due by 9/27/2007 unless

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09/11/2007 09/11/2007

otherwise directed by the court. (Stith, Rebecca) (Entered: 09/11/2007)
41 ORDER granting 40 motion for consent judgment Signed by Judge Gary A. Fenner on 9/11/07. (Mitchell, Lisa) (Entered: 09/11/2007)
42 AMENDED CONSENT DECREE re 40 Joint MOTION for consent judgment Joint Motion to Approve Consent Decree filed by Equal Employment Opportunity Commission Signed by Judge Gary A. Fenner on 9/11/07. (Mitchell, Lisa) (Entered: 09/11/2007)

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