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EQUAL EMPLOYMENT OPPORTUNITY )

COMMISSION,

)

)

Plaintiff,

)

)

)

)

WEHR CONSTRUCTORS, INC.,

)

)

)

Defendant.

)

)

CIVIL ACTION NO. COMPLAINT JURY TRIAL DEMAND

NATURE OF THE ACTION The United States Equal Employment Opportunity Commission (the "EEOC"or "Commission") brings this action against Wehr Constructors, Inc. ("Wehr") pursuant to Title VII of the Civil Rights Act of 1964 and Title I of the Civil Rights Act of 1991, to ton’cot unlawful employment practices by Wehr and provide appropriate relief to Ricardo Hayden ("Hayden") and a class of similarly situated African-American employees, who was adversely affected by such unlawful employment practices. The Commission alleges that Wehr subjected Hayden and a class of similarly situated African-American employees to harassment based upon their race and subjected Hayden and a class of African-American employees to different terms and conditions of employment because of their race.

JURISDICTION AND VENUE 1. Jurisdiction of this Court is invoked pursuant to 28 U.S.C. §§ 451, 1331, 1337, 1343 and 1345. This action is authorized and instituted pursuant to 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 Western District of Kentucky, Louisville Division.
PARTIES 3. Plaintiff, 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(t1(1) and (3) of Title VII, 42 U.S.C. § 2000e-5(f)(1) and (3). 4. Defendant, Wehr, at all relevant times, has continuously been a Kentucky corporation doing business in the Commonwealth of Kentucky and the City of Louisville, and has continuously had at least 15 employees. 5. At all relevant times, Wehr 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, FIayden filed a charge with the Commission alleging violations of Title VII by Wehr. All conditions precedent to the institution of this lawsuit have been fulfilled.
2

7. Since at least September 2002, Wehr has engaged in unlawful employment practices at its worksites in Louisville, Kentucky, in violation of Section 703(a)(1) of Title VII, 42 U.S.C. § 2000e-2(a)(1) by subjecting Hayden and a class of similarly situated AfricanAmerican employees to racial harassment because of their race.
8. Since at least September 2002, Wehr has engaged in unlawful employment practices at its worksites in Louisville, Kentucky, in violation of Section 703(a)(1) of Title VII, 42 U.S.C. § 2000e-2(a)(1) by subjecting Hayden and a class of similarly situated Afi-icanAmerican employees to different terms and conditions of employment because of their race.
9. The effect of the practices complained of in paragraphs 7 and 8 above has been to deprive Hayden and a class of similarly situated African-American employees of equal employment opportunities and to otherwise adversely affect their status as employees because of their race.
10. The unlawful employment practices complained of in paragraphs 7 and 8 above were intentional.
1I. The unlawful employment practices complained of in paragraphs 7 and 8 above were done with malice or with reckless indifference to the federally protected fights of Hayden and the class of similarly situated African-American employees.
PRAYER FOR RELIEF Wherefore, the Commission respectfully requests that this Court: A. Grant a permanent injunction enjoining Wehr, its officers, successors, assigns, and all persons in active concert or participation with it, from engaging in race discrimination or any other employment practice which discriminates on the basis of race.
3

B. Order Wehr to institute and carry out policies, practices, and programs which

provide equal employment opportunities for African-American employees, and which eradicate

the effects of its past and present unlawful employment practices. C. Order Wehr to make Hayden and the class of similarly situated African-American
employees whole by providing compensation for past and future pecuniary losses resulting from the unlawful employment practices described in paragraphs 7 and 8 above, in amounts to be

determined at trial. D. Order Wehr to make Hayden and the class of similarly situated African-American
Wehr employees whole by providing them compensation for past and future nonpecuniary

losses resulting from the unlawful practices complained of in paragraphs 7 and 8 above,

including emotional pain, suffering, inconvenience, loss of enjoyment of life, embarrassment and

humiliation, in amounts to be determined at trial. E. Order Wehr to pay Hayden and the class of similarly situated African-American
Wehr employees punitive damages for its malicious and reckless conduct described in

paragraphs 7 and 8 above, in amounts to be determined at trial.

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.
Respectfully submitted,
ERIC S. DREIBAND General Counsel JAMES L. LEE Deputy General Counsel GWENDOLYN YOUNG REAMS Associate General Counsel
EQUAL EM]:~LOYMENT OPPORTUNITY COMMISSION
1801 L Street, N. W.
W,~~on D. C. 20507/~
( Regional Attorney [/ ~
~v~I-I~LLg E~SELg " -
Supervisory Trial Attorney
EQUAL EMPLOMENT OPPORTUNITY COMMISSION
Indianapolis District Office 101 W. Ohio St., Suite 1900 Indianapolis, IN 46204-4203
KENNETH W. BROWN Senior Trial Attorney
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Louisville Area Office 600 Martin Luther King, Jr. Place Suite 268
5

Louisville, Kentucky 40202-2285
(502) 582.5440 (Direct Dial) (502) 582.5435 (Facsimile) Email: Kenneth.Brown@eeoc.gov

 
 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF KENTUCKY
LOUISVILLE DIVISION

EQUAL EMPLOYMENT OPPORTUNITY )

COMMISSION,

)

)

Plaintiff,

)

)

v.

)

)

WEHR CONSTRUCTORS, INC.,

)

)

)

Defendant.

)

__________________________________________)

CIVIL ACTION NO. 3:05CV-342-H

CONSENT DECREE The United States Equal Employment Opportunity Commission (the “Commission”) commenced this action against Wehr Constructors, Inc. (“Wehr”) pursuant to Title VII of the Civil Rights Act of 1964 and Title 1 of the Civil Rights Act of 1991 in order to correct Wehr’s alleged unlawful employment practices on the basis of race and to provide appropriate relief to Ricardo Hayden and a class of similarly situated individuals. This action was instituted and authorized by 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. The Commission and Wehr stipulate to the Court’s jurisdiction over the parties. Further, the Commission and Wehr desire to resolve Civil Action No. 3:05CV-342-H without the burden and expense of further litigation. As a result, and based on the pleadings and the record as a whole, the Court finds that: [i] the Court has jurisdiction over the parties and the subject

matter of this action; and [ii] the purpose and provisions of Title VII of the Civil Rights Act of 1964 and Title 1 of the Civil Rights Act of 1991 will be promoted and effectuated by the entry of this Decree, (3) this Consent Decree resolves all matters and claims in controversy in this lawsuit between the EEOC and Wehr as provided in paragraphs 1 through 13 below.
IT IS THEREFORE ADJUDGED, ORDERED AND DECREED as follows: 1. Wehr denies any wrongdoing on the basis of any of the allegations set forth in the underlying charge of discrimination filed with the Commission or on the basis of any of the allegations set forth in the Commission’s Complaint. 2. Wehr agrees that it and all of its officers, directors, employees, agents, shareholders, members, representatives and any affiliated entity will not discriminate against nor harass any Wehr employee on the basis of his or her race. 3. Wehr agrees that there will be no discrimination or retaliation of any kind against any person because of opposition to any practice made unlawful under Title VII of the Civil Rights Act of 1964 and Title 1 of the Civil Rights Act of 1991, or because of the filing of a charge, the giving of testimony, assistance, or participation in any manner in an investigation, proceeding or hearing under Title VII of the Civil Rights Act of 1964 and Title 1 of the Civil Rights Act of 1991. 4. Wehr shall pay the total sum of Sixty Thousand Dollars ($60,000.00) to Ricardo Hayden, James Green, Timmy Murray and Charles Thornton in the following amounts, delivered to the following addresses: Ricardo Hayden $ 40,000.00 1528 South 31st Street Louisville, Kentucky 40211

James Green

$10,000.00

2

3812 Bank Street Louisville, Kentucky 40212
Timmy Murray $5,000.00 170 Woodland Rd. #25 Vine Grove, Kentucky 40175
Charles Thornton $5,000.00 702 Quails Run Rd. Louisville, Kentucky 40207 Wehr shall effect payment by issuing checks by certified mail in the amounts specified and to the addresses identified. 5. Wehr shall mail a copy of the checks and proof of their delivery (assigned certified mail receipt) to Laurie A. Young (or her successor), Regional Attorney, Equal Employment Opportunity Commission, Indianapolis District Office, 101 West Ohio St., Suite 1900, Indianapolis, Indiana 46204-4203, within thirty (30) days of mailing. 6. Ricardo Hayden, James Green, Timmy Murray and Charles Thornton agree to sign a release agreement with Wehr in settlement of this action. The Commission will notify counsel for Wehr when is it has received the executed releases whereupon counsel for Wehr shall forward the compensatory checks to Ricardo Hayden, James Green, Timmy Murray and Charles Thornton. 7. The term of this Decree shall be for thirty six months (36) months from and after the date of its entry by the Court. 8. Wehr agrees to submit periodic reports to the Commission detailing its compliance with this Decree. Wehr agrees to submit six (6) semi-annual reports during the term of this Decree. The first report shall be due seven (7) months after the execution of this decree, and the subsequent reports shall be mailed to the Commission no later than the final day of the
3

month of each sixth month after the preceding report and continuing throughout the term of years covered by the Decree.
a. Each semi-annual report shall include the following information for the six (6) month period preceding the report: [i] the name, home address, and home telephone number of any Wehr employee filing an internal or external complaint or grievance alleging racial discrimination; and [ii] the nature of the complaint and the corrective action taken.
b. All reports shall be directed to Laurie A. Young (or her successor), Regional Attorney, at the address specified in paragraph 5.
9. Within ninety (90) days of the date of execution of this Decree, Wehr shall provide a training program to all of its employees regarding the provisions of Title VII of the Civil Rights Act as it pertains to race discrimination in the work place. This training program shall include an explanation of the prohibition against retaliation for those employees reporting race discrimination. Thirty (30) days before the training, Wehr shall provide: [i] notice to the Commission of the date, time, and place of the training; [ii] shall send to the Commission a copy of the training program and all written materials, if any, to be used; and [iii] shall provide the Commission with a roster of all individuals who will receive the training. The Commission may provide reasonable input on the content of the training but shall do so no later than ten (10) days prior to the training.
Upon completion of the training, Wehr shall certify to the Commission the specific training that was undertaken and shall provide the Commission with a roster of all individuals who received the training. All reports shall be sent to the attention of Laurie A. Young, Regional Attorney, at the address specified in paragraph 5.
10. In the event that the EEOC determines that a violation of this Decree has
4

occurred, it will, prior to exercising any remedy provided by law, provide written notice to Wehr and its attorney specifically identifying the alleged violation(s). Wehr will have thirty (30) days or any additional period which may be agreed to by the parties in which to investigate and respond to the allegation. Thereafter, the parties will have a period of thirty (30) days, or any such additional period as may be agreed upon by them, in which to negotiate and confer regarding such allegation before the Commission exercises any remedy provided by law.
11. Wehr shall post the Notice attached hereto as Appendix A. The Notice shall be placed within a conspicuous area where it shall be visible to all employees.
12. All claims in this action, however denominated, are hereby dismissed with prejudice in their entirety, the case subject only to the dictates of paragraph 13 with each party to pay their own costs and attorneys fees.
13. RETENTION OF JURISDICTION BY COURT: The Court will retain jurisdiction of this cause throughout the duration of this Decree for purposes of monitoring compliance with this Decree and entry of such further orders as may be necessary or appropriate. SO ORDERED:

_____A_pr_il_2_4_, 2_0_0_7_________ Date

___________________________________ Judge, United States District Court

HAVING SEEN AND AGREED TO WITH COPIES:

/s/Kenneth W. Brown__________ Kenneth W. Brown Senior Trial Attorney EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Louisville Area Office, Suite 268 Dr. Martin Luther King Jr. Place Louisville, Kentucky 40202-2285 Tel. (502) 582-5440

5

Fax (502) 582-5437 And /s/Oliver B. Rutherford__________ James U. Smith III Oliver B. Rutherford Smith and Smith Attorneys 300 South, First Trust Centre, 200 South Fifth Street Louisville, Kentucky 40202. Counsel for Defendant
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APPENDIX A
EMPLOYEE NOTICE
Posted Pursuant to an Agreement with the U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Louisville Area Office
NOTICE OF NON-DISCRIMINATION POLICY
This Notice is being distributed and posted by agreement between Wehr Constructors, Inc. (“Wehr”) and the United States Equal Employment Opportunity Commission (EEOC).
Federal law requires that there be no discrimination nor harassment against any employee or applicant for employment because of the employee's race, color, religion, sex, national origin, age (over 40) or disability.
Federal law also prohibits employers from discriminating against employees or applicants in all aspects of employment, including, but not limited to, hiring, promotion, discharge, pay, job training and fringe benefits.
Wehr supports and will comply with such Federal law in all respects and will not take any actions against employees because they have filed a charge of discrimination with the EEOC, reported an alleged violation under the law to the EEOC, or have given testimony, assisted or participated in any investigation, proceeding or hearing conducted by the U. S. Equal Employment Opportunity Commission.
Any candidate for employment or employee who believes they are a victim of illegal employment discrimination may contact the U. S. Equal Employment Opportunity Commission for the purpose of filing a charge of employment discrimination.
Questions concerning this notice may be addressed to: Equal Employment Opportunity Commission 101 W. Ohio St., Suite 1900 Indianapolis, Indiana 46204-4203 Telephone: (317) 226-7212 EEOC 800 # 1-800-669-4000 TDD (317) 226-4162
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Page 1 of 4

CASREF, CLOSED
U.S. District Court Western District of Kentucky (Louisville) CIVIL DOCKET FOR CASE #: 3:05-cv-00342-JGH

Equal Employment Opportunity Commission v. Wehr Constructors, Inc. Assigned to: Chief Judge John G. Heyburn, II Referred to: Magistrate Judge James D. Moyer (Settlement) Cause: 28:1331 Federal Question: Other Civil Rights

Date Filed: 06/10/2005 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

Plaintiff
Equal Employment Opportunity Commission

represented by Kenneth W. Brown EEOC 600 Martin Luther King, Jr. Place Suite 268 Louisville, KY 40202-2285 502-582-5440 Fax: 502-582-5435 Email: kenneth.brown@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Laurie A. Young Equal Employment Opportunity Commission 101 W OHIO ST STE 1900 Indianapolis, IN 46204 317-226-7204 Fax: 226-5571 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Michelle Eisele EEOC 101 W. Ohio Street Suite 1900 Indianapolis, IN 46204 US 317-226-7059 Fax: 317-226-5571 Email: michelle.eisele@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

V.

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Defendant Wehr Constructors, Inc.

represented by James U. Smith, III Smith & Smith 200 S. Fifth Street 300 South, First Trust Centre Louisville, KY 40202 502-587-0761 Fax: 502-589-5345 Email: jus@smithandsmithattorneys.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Oliver Barrett Rutherford Smith & Smith 200 S. Fifth Street 300 South, First Trust Centre Louisville, KY 40202 502-587-0761 Fax: 502-589-5345 Email: obr@smithandsmithattorneys.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed 06/10/2005 06/10/2005 06/30/2005 07/18/2005 08/24/2005 10/07/2005 10/26/2005

#

Docket Text

1 COMPLAINT against Wehr Constructors, Inc., filed by Equal Employment Opportunity Commission. Summons Issued. (Attachments: # 1 Proposed Order)(SJS) (Entered: 06/10/2005)

2 Case Assignment (Random Selection): Case Assigned to Chief Judge John G. Heyburn II. Magistrate designation: Judge James D. Moyer. (SJS) (Entered: 06/10/2005)

3 SUMMONS Returned Executed aas to Dale R. Berry Wehr Constructors, Inc. served on 6/15/2005, answer due 7/5/2005. (TAC) (Entered: 06/30/2005)

4 ANSWER to Complaint by Wehr Constructors, Inc..(Rutherford, Oliver) (Entered: 07/18/2005)

5 ORDER by Chief Judge John G. Heyburn II (eboc) on 8/23/05; Rule 26 Meeting Report due by 10/7/2005; parties to comply with remainder of order as set forth.cc: Counsel(SDB) (Entered: 08/24/2005)

6 REPORT of Rule 26(f) Planning Meeting by Equal Employment Opportunity Commission, Wehr Constructors, Inc.. (Rutherford, Oliver) (Entered: 10/07/2005)

7 SCHEDULING ON AGREED LITIGATION PLAN AND

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10/26/2005
10/18/2006 01/16/2007 01/16/2007 01/18/2007
01/29/2007 01/29/2007 02/07/2007

DISCOVERY SCHEDULE by Chief Judge John G. Heyburn II on 10/25/05; Referring Case to Magistrate Judge James D. Moyer for settlement as set forth; Amended Pleadings due by 11/15/2006. Discovery due by 1/31/2007. Dispositive Motions due by 2/28/2007. Expert Witness (Defendant) due by 11/1/2006. Expert Witness (Plaintiff) due by 10/1/2006. Joinder of Parties due by 11/15/2006. Pretrial Conference set for 4/20/2007 09:30 AM in Chambers before Chief Judge John G. Heyburn II; trial date will be set by separate order; parties to comply with remainder of order as set forth.cc: Counsel(SDB) (Entered: 10/26/2005)
8 ORDER SETTING JURY TRIAL by Chief Judge John G. Heyburn II on 10/25/05; Exhibit List due by 5/1/2007. Jury Instructions due by 5/8/2007. Proposed Voir Dire due by 5/8/2007. Trial Brief due by 5/8/2007. Witness List due by 5/1/2007. JURY TRIAL SET FOR 5/15/2007 09:30 AM in Courtroom before Chief Judge John G. Heyburn II, expected length 5 days; parties to comply with remainder of order as set forth.cc: Counsel; Jury Clerk(SDB) (Entered: 10/26/2005)
9 ORDER by James D. Moyer (EBOC) on 10/16/2006; re 7 Order Referring Case to Magistrate Judge, Schedules. Settlement Conference set for 2/5/2007 at 01:30 PM in Chambers before Magistrate Judge James D. Moyer. Brief due by 1/29/2007. See Order and Addendum for specifics. cc:Counsel(LMW) (Entered: 10/18/2006)
10 Joint MOTION for Extension of Time to Complete Discovery by Equal Employment Opportunity Commission. Responses due by 1/26/2007 (Attachments: # 1 Proposed Order)(Brown, Kenneth) Additional attachment(s) added on 1/17/2007 (RLK). (Entered: 01/16/2007)
11 NOTICE OF DOCKET CORRECTION Re:PDF Error: INCORRECT MOTION document attached to docket entry by efiler re:10 Joint MOTION for Extension of Time to Complete Discovery; Correct document attached to this entry. (Brown, Kenneth) (Entered: 01/16/2007)
12 ORDER by Chief Judge John G. Heyburn II on 1/17/2007 granting 10 Motion for Extension of Time to Complete Discovery. Discovery by both parties shall be completed by 3/31/2007. Dispositive Motions shall be filed by 4/30/2007, with response and reply time to be in accordance with Local Rule 7.1(e) and (2). cc: Counsel, USMJ Moyer (RLK) (Entered: 01/18/2007)
13 PLAINTIFF'S SETTLEMENT CONFERENCE STATEMENT re 9 Order, Schedules,, by Equal Employment Opportunity Commission. (Brown, Kenneth) (Entered: 01/29/2007)
14 DEFENDANT'S SETTLEMENT CONFERENCE STATEMENT re 7 Order Referring Case to Magistrate Judge, Schedules,,,,, 9 Order, Schedules,, by Wehr Constructors, Inc.. (Rutherford, Oliver) (Entered: 01/29/2007)
15 REPORT ON SETTLEMENT CONFERENCE held before Magistrate Judge James D. Moyer on 2/5/2007. Settlement negotiations were

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04/20/2007 04/20/2007 04/25/2007

conducted by the parties but were unable to reach an agreement. The magistrate judge will continue to make himself available to assist counsel in the resolution of all claims in this matter. cc: Counsel (RLK) (Entered: 02/07/2007)
16 Joint MOTION for Settlement by Equal Employment Opportunity Commission. Responses due by 5/8/2007 (Attachments: # 1 Proposed Order Consent Decree)(Brown, Kenneth) (Entered: 04/20/2007)
17 ORDER by Chief Judge John G. Heyburn II on 4/19/2007 dismissing case. PRETRIAL CONFERENCE scheduled for 4/20/2007 and JURY TRIAL scheduled for 5/15/2007 are remanded from the docket.cc: Counsel (RLK) (Entered: 04/20/2007)
18 CONSENT DECREE by Chief Judge John G. Heyburn II on 4/24/2007. The Court will retain jurisdiction of this cause throughout the duration of this Decree for purposes of monitoring compliance with this Decree and entry of such further orders as may be necessary or appropriate.cc: Counsel (RLK) (Entered: 04/25/2007)

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