~JS 44 (Rev 3/99)

CIVIL COVER SHEET

The JS-44 civil cover sheet and the information contained herein neither replace nOT ?upplement the filing an~ service o~pleadings or other papers ~s requ

",CIUt' f i by law, except as provided by local rules of court. This form, approved by the Judicial Conference ofthe Umted States In September 1974, IS required for

u« ofth' CJ"k

the pmpo« ofiniti,itng the civil doek,t .h"t (SEE INSlRllCTIONS ON THE REVERSE OF THE FORM.)

IdIT\~~ \\-
~\ S Equal Employment Opportumty Commission

DEFENDANTS

Orr Automotive L.L.C.

(b) County of Residence of First

DALLAS

(EXCEPT IN U.S. PLAINTIFF CASES)

County of Residence of First Listed (IN U.S. PLAINTIFF CASES ONLY)
NOTE IN LAND CONDEMNATION CASES, USE THE LOCATION OF THE LAND INVOLVED

(c) Attorney's (Firm Name, Address, and Telephone Number)
Ronetta J FrancIs, Semor Tnal Attorney EEOC-Dallas Dlstnct Office 207 S Houston, 3'd Floor Dallas, Texas (214) 655-3334

Attorneys (If Known)
- 3-0 2 C V 19 11 N

II. BASIS OF JURISDICTION (Place an "X" m One Box Only)

X 1 U S Government
PlaintIff

03 Federal Question (U S Government Not a Party)

III. CITIZENSHIP OF PRINCIPAL PARTIES(Place an "X" m One Box for PIa

(For Diversity Cases Only)

and One Box for Defendant)

PTF DEF

PTF

CItIzen of This State

o 01 01 Incorporated or Pnnclpal Place

4

of Business In This State

02 U S Government

04 DiverSity

o Citizen of Another State 02 02 Incorporated and Pnnclpal Place 5

Defendant

(Indicate Citizenship of Parties

of Business In Another State

In Item III)

Citizen or Subject of a 03 03 Foreign Nallon

o 6

Foreign Country

IV. NATURE OF SUIT (Place an "X" in One Box Onlv)

CONTRACT

TORTS

FORFEITUREIPENALTY

BANKRUPTCY

OTHER STATUTES

0 I 10 Insurance

PERSONAL INJURY

0 120 Manne

0 3 I 0 Alrplane

0 130 MIller Act

0 315 Alrplane Product

0 140 NegotIable Instrument

LIabIlIty

0 150 Recovery of Overpayment 0 320 Assault, LIbel &

& Enforcement of Judgment

Slander

PERSONAL INJURY 0 362 Personal Injury-
Med MalpractIce 0 365 Personal Injury-
Product LIabIlIty 0 368 Asbestos Personal

D 610 Ab'rlculture

0122 Appeal 28 USC 158

D 620 Other Food & Drug

D 625 Drug Related SeIzure 0123 WIthdrawal

of Property 2 I USC

28 USC 157

0 630 LIquor Laws 0 640 R R & Truck

PROPERTY RIGHTS

o 400 State ReapportlOnmen o 410 Anlttrust o 430 Banks and BankIng o 450 Commerce/ICC Rates o 460 DeportatIOn o 470 Racketeer Influenced

D 151 MedIcare Act D 152 Recovery of Defaulted
Student Loans (Excl Veterans)

0 330 Federal Employers' LIabIlIty
0 340 Manne 0 345 Manne Product

InjUry Product

0

LIabIlIty

0

PERSONAL PROPERTY

0 370 Other Fraud

0

650 Alrlme Regs 660 Occupaltonal
SafetylHealth 690 Other

[]20 Copynghts []30 Patent []40 Trademark

Corrupt OrgamzatlOns D 810 SelectIVe ServIce D 850 Secuntles/CommodltJe
Exchange

0 153 Recovery of Overpayment

LIabIlIty

of Veteran's Benefits 0 350 Motor VehIcle

0 371 Truth tn Lendmg 0 380 Other Personal

LABOR

SOCIAL SECURITY

0 875 Customer Challenge 12 USC 3410

0 160 Stockholders' SUIts 0 190 Other Contract

0 355 Motor VehIcle Product LIabIlIty

Propel1y Damage D 385 Property Damage

0

0 195 Contract Product LIabIlIty 0 360 Other Personal InjUry

Product LIabIlIty

0

REAL PROPERTY

CIVIL RIGHTS

0 210 Land CondemnatIon

0 441 Votmg

0 220 Foreclosure

X 442 Employment

0 230 Rent Lease & Ejectment 0 443 Housmg!

0 240 TOIlS to Land

Accommodations

0 245 ToIl Product LIabIlIty 0 444 Welfare

0 290 All Other Real Property 0 440 Other CIVIl RIghts

PRISONER PETITIONS 0

0 510 MotIOns to Vacate

Sentence

0

Habeas Corpus

0 530 General

0

0 535 Death Penalty

0 540 Mandamus & Other 0

0 550 CIVIl RIghts

0 555 Pnson Condltton

710 FaIr Labor Standards []61 HIA (I 395ft)

Act

[]62 Black Lung (923)

720 Labor/Mgmt Relaltons []63 DIWC/DIWW (405(g»

[]64 SSID TItle XVI

730 LaborlMgmt Reportmg []65 RSI (405(g»

& DIsclosure Act 740 RaIlway Labor Act

FEDERAL TAX SUITS

790 Other Labor LlltgatlOn

[]70 Taxes (U S Plamttff or Defendant)

791 Empl Ret Inc Secunty Act

[]7 I IRS-ThIrd Party 26 USC 7609

0 891 Agncultural Acts 0 892 EconomIc StabllIzatlO 0 893 EnVIronmental Matter 0 894 Energy AllocatIon Act 0 895 Freedom of
Infonnatton Act
o 900 Appeal of Fee
Detennmatlon Under E
Access to JustIce
o 950 ConstttutIonalIty of
State Statutes
o 890 Other Statutory ActIOn

V. ORIGIN

(PLACE

AN

.,
X

"

IN

ONE

BOX

ONLY)

X I OngInal

o 2 Removed from

Proceeding

State Court

o 3 Remanded from
Appellate Court

Transferred from
o another district 4 Reinstated or 0 5 (specify) Reopened

o 6 Multtdlstnct
Lltigallon

Appeal to DIS Judge from
o 7 Magistrate Judgment

VI. CAUSE OF ACTION (CIte the U S CIVIl Statute under whIch you are fillllg and wnle bnofslalement of cause Do not cIte junsdlctlonal statutes unless dIversity)

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

baSIS of sex and to proVide appropriate relief to Linda Duncan who was subjected to a sexually hostile work environment, based upon her sex, female.

VII. REQUESTED IN COMPLAINT:

o CHECK IF THIS IS A CLASS ACTION
UNDER F R C P 23

DEMAND $

VIII. RELATED CASE(S) IF ANY

(See instructIOns)

JUDGE

0/ ATURE OFA.TTORNEY ¥¥CORD Fit l'l CA.-}..I .4 tttJ r

CHECK YES only If demanded in complamt

JURY DEMAND:

X Yes 0 No

DOCKET NUMBER

RECEIPT # _ _ _ _ __ AMOUN _ _ _ _ _ __ APPLYING lFP _ _ _ _ _ __

JUDGE _____________ MAG JUDGE ___________________

'" J J\I

~

,t j
,; ! \II f.

f,

.

TE~__r_ ! I

-~ -=--' -.:~

IN THE UNITED STATES DlSTRICJ COUR SEP - 5 axJ2

FOR THE NORTHERN DISTRICT O}

_

I

DALLAS DIVISION

C- I

F-Rn'".,

-- < .c'>",,· :I",

-; ( :" I. ;'

---------- /'v ~

---~------

'-~~------.-.~~~ ~- -

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff,
v. ORR AUTOMOTIVE, LLC,
Defendant.

}

}

}

CIVIL ACTION NO.

}

}
} S-02CV-1911N
}

}

(JURY DEMANDED)

}

}

----------------------------------}

NATURE OF THE ACTION This is an action under Title VII of the Civil Rights Act of 1964, as amended 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 Linda Duncan. The Commission alleges that Defendant, Orr Automotive Group, violated Title VII by subjecting Linda Duncan to a sexually hostile work environment based upon her sex, female.
JURISDICTION AND VENUE 1. Jurisdiction ofthis Court is invoked pursuantto 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 the Civil Rights Act of 1964, as amended, ("Title VII"), 42 U.S.C § 2000e-5(f)(1) and (3), and Section 102 of the Civil Rights Act of 1991,42 U.S.C. Sec. 1981a. 2. The employment practices alleged to be unlawful were and are now being committed within the jurisdiction of the United States District Court for the Northern District of Texas.

COMPLAINT

1

PARTIES 3. Plaintiff, Equal Employment Opportunity Commission (the "Commission"), is an agency of the United States of America charged with the administration, interpretation and enforcement of Title VII ofthe Civil Rights Act of 1964, as amended and is expressly authorized to bring this action by Section 706(a) of Title VII, 42 U.S.C. § 2000e-5(a). 4. At all relevant times, Defendant Orr Automotive Group, has continuously been and is now doing business in the State of Texas and has continuously had at least fifteen employees. 5. At all relevant times, Defendant has continuously been an employer engaged in an industry affecting commerce under Section 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, Linda Duncan filed a charge with the Commission alleging violations of Title VII of the Civil Rights Act of 1964, as amended, by the Defendant. All conditions precedent to the institution of this lawsuit have been fulfilled. 7. During the employment of Linda Duncan, the Defendant has engaged in unlawful employment practices in violation of Section 703(a)(1) of Title VII, 42 U.S.C. § 2000e-2(a)(1) by subjecting Ms. Duncan to a sexually hostile work environment and discriminating against her because ofher sex, female. Specifically, Defendant's Ford Sales Manager Dennis Burnham sexually harassed Ms. Duncan during her employment with Defendant. The harassment included verbal harassment as well as physical touching. The conduct was so severe as to materially alter the terms and conditions of Ms. Duncan's employment.

COMPLAINT

2

8. The result of the foregoing practices has been to deprive Linda Duncan of equal employment opportunities 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 Linda Duncan.
PRAYER FOR RELIEF Wherefore, the Commission respectfully requests that this Court: A. Grant a permanent injunction enjoining the Defendant, its officers, successors, assigns, and all persons in active concert or participation with it, from engaging in any employment practice which discriminates on the basis ofsex, or which facilitates, condones or encourages sexual harassment. B. Order the Defendant to institute and carry out policies, practices, and programs which provide equal employment opportunities and a non-hostile work environment for females, and which eradicate the effects of its past and present unlawful employment practices. C. Order the Defendant to make whole Linda Duncan by providing appropriate back pay with prejudgment interest in amounts to be determined at trial, front pay, pecuniary losses, compensatory damages including out-of-pocket expenses, and other affirmative relief necessary to eradicate the effects ofits unlawful employment practices, including but not limited to rightful place reinstatement for Ms. Duncan. D. Order the Defendant to make Linda Duncan whole by providing compensation for past and future pecuniary losses resulting from the unlawful employment practices described in

COMPLAINT

3

paragraph 7 above, including but not limited to out of pocket medical expenses and job hunting expenses.
E. Order the Defendant to make Linda Duncan whole by providing compensation for past and future nonpecuniary losses resulting from the unlawful employment practices described in paragraph 7 above, including but not limited to, pain and suffering, humiliation, embarrassment, emotional distress, anxiety, and loss of enjoyment of life, in amounts to be determined at trial.
F. Order the Defendant to pay Linda Duncan punitive or exemplary damages for its intentional, malicious conduct or reckless indifference described and referenced in paragraph 7 above, in an amount 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.

COMPLAINT

4

Respectfully submitted,
NICHOLAS INZEO Acting General Counsel
~1:2t£~~. ROBERT A. CAN0 Regional Attorney Oklahoma State Bar No. 011782
SUZANNE M. ANDERSON Supervisory Trial Attorney Texas Bar No. 14009470
L~Jvft4~~
RONETTA J. FRANCIS Senior Trial Attorney Virginia Bar No. 39886
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Dallas District Office 207 South Houston, 3rd Floor Dallas, Texas 75202 (214) 655-3334 (214) 655-3331 (FAX)

COMPLAINT

5

 
 \ O~1G ~~l l'

e

e

I ~g~-T: IN THE UNITED STATES DISTRI T

-,' 0. ,;;;IS

NORT~~~~~~Ig~T XAS r~~-~_5~-J

EQUAL EMPLOYMENT OPPORTUNITY §

COMMISSION

§

§

Plaintiff,

§

VS.

§

§

ORR AUTOMOTIVE, L.L.C.

§

§

Defendant.

§

CLERK, U's.DlSTRiCTCOURT
By ____~~_____ _ Deputy
NO.3-02-CV-191l-N

ORDER REFERRING CASE FOR SETTLEMENT CONFERENCE Pursuant to Local Rule 16.3(b) and with the consent of the parties and the magistrate judge, this case is hereby referred to U.S. Magistrate Judge Caroline M. Craven, 401 Federal Building, 500 North State Line Avenue, Texarkana, Texas 75501, Phone: (903) 7926424, for asettlement conference. Counsel shall contact the magistrate judge to schedule this settlement conference. Named parties and their attorneys shall appear at the designated time and place and proceed in good faith in an effort to settle this case. Corporate and governmental entities must be represented by appropriate representatives with full settlement authority. The magistrate judge is requested to hold this settlement conference by July 25, 2003. SO ORDERED. DATED: June 5, 2003.

DAVID C. GODBE UNITED STATES DISTRICT JUDGE

 
 I ,

•

EQUAL EMPLOYMENT OPPORTUNITY }

COMMISSION,

}

}

Plaintiff,

}

v.

}

}

ORR AUTOMOTIVE, LLC,

}

}

Defendant.

}

-----------------------------}

CIVIL ACTION NO. 3-02-CV-1911-N

CONSENT DECREE THIS CONSENT DECREE is made and entered into by and between the Plaintiff, Equal Employment Opportunity Commission ("EEOC"), and Defendant, Orr Automotive, L.L.C., in the United States District Court for the Northern District of Texas, Dallas Division, with regard to the EEOC's Complaint, filed on September 5, 2002 ("the Complaint"), in Civil Action No. 3-02-CV1911-N. This Complaint was based upon a Charge ofDiscrimination filed by Charging Party Linda Duncan against Defendant employer. The above-referenced Complaint alleges that the Defendant Orr Automotive, L.L.c., violated Title VII of the Civil Rights Act of 1964 and Title I of the Civil Rights Act of 1991, by subjecting Linda Duncan to a sexually hostile work environment based upon her sex, female. The EEOC and Orr Automotive (specifically the following dealerships: Orr Inc., Orr Superstore, Orr Honda in Texarkana, Orr Honda in Hot Springs, Orr Pontiac-Cadillac-Toyota, and Orr Acura-BMW-Infiniti) agree to compromise and settle the differences embodied in the

CONSENT DECREE

•

Complaint, and intend that the terms and conditions of the compromise and settlement be set forth in this Consent Decree ("Consent Decree"). It is understood and agreed that this Consent Decree

is in compromise ofdisputed claims, and that this Consent Decree shall not in any way be construed

as an admission by Orr Automotive of a violation of any federal, state, or local statute, law or

regulation, or a violation of any right of any other person.

NOW, THEREFORE, in consideration of the mutual promises and agreements set forth herein, the sufficiency ofwhich is hereby acknowledged, the parties agree as follows, the Court finds appropriate and therefore, it is ORDERED, ADJUDGED AND DECREED that:
1. This Consent Decree resolves all issues raised in EEOC Charge No. 310 Al 0439.

This Decree further resolves all issues in the Complaint filed by the EEOC in this civil action. The EEOC waives further claims and/or litigation on all issues raised in the above-referenced Charge and Complaint. The EEOC does not waive processing or litigating charges other than the abovereferenced Charge.
2. Orr Automotive agrees that it shall conduct all employment practices in a manner which does not subject any employee to gender discrimination, including sexual harassment under Title VII of the Civil Rights Act and Title I of the Civil Rights Act of 1991.
3. Orr Automotive and its officers, agents, management (including supervIsory

employees), successors and assigns, and all those in active concert or participation with them, or any

of them, agree to refrain from: (i) discriminating against women on the basis of sex; (ii) engaging

in or being a party to any action, policy or practice that is intended to or is known to them to have

the effect of harassing or intimidating any female employee on the basis of her gender; and/or (iii)

creating, facilitating or permitting the existence of a work environment that is hostile to its female

CONSENT DECREE

2

•

employees. 4. Orr Automotive and its officers, agents, management (including supervisory
employees), successors and assigns, and all those in active concert or participation with them, or any ofthem, agree to refrain from engaging in, implementing or permitting any action, policy or practice with the purpose of retaliating against any current or former employee because he or she opposed any practice ofsex discrimination, sexual harassment or sex-based harassment made unlawful under Title VII; filed a Charge ofDiscrimination alleging any such practice; testified or participated in any manner in any investigation (including, without limitation, any internal investigation undertaken by Orr Automotive) proceeding, or hearing in connection with this case and/or relating to any claim of sex discrimination, sexual harassment or sex-based harassment; was identified as a possible witness in this action; asserted any rights under this Consent Decree; or sought and/or received any monetary and/or non-monetary relief in accordance with this Consent Decree.

5. Orr Automotive agrees to post the Notice appended hereto as "Attachment A" on the

employee bulletin board(s) in prominent and conspicuous locations throughout its facilities at each dealership identified in Paragraph 3, above, of this Consent Decree within ten (10) days after entry of this Consent Decree. Orr Automotive will report to the EEOC that it has complied with this requirement within fourteen (14) days after posting the Notice.
6. The Notice shall also inform employees where to report violations of Orr

Automotive's sexual harassment policy, the name ofthe designated company official to whom they

should report said violations, along with the address and telephone number of the Dallas District

Office of the EEOC. The notice shall remain posted for the duration ofthis Consent Decree. In the

event that the persons and/or departments to whom individuals should make complaints alleging

CONSENT DECREE

3

•

sexual harassment, sex-based harassment and/or retaliation change during the term of the Consent Decree such that the information contained in the notice is no longer accurate, Orr Automotive shall immediately prepare and post a revised notice that contains the correct information. Orr Automotive shall promptly thereafter forward a copy of the revised notice to the EEOC.

7. Orr Automotive agrees to conduct training twice a year for all of its employees, owners and managers, at each of the dealerships identified in Paragraph 3, above, of this Consent Decree advising them of the requirements and prohibitions of Title VII of the Civil Rights Act of 1964. The training will inform the employees of the complaint procedure for individuals who believe they have experienced discrimination. The training will also advise the employees of the consequences of violating Title VII. The training will also include a specific discussion or instruction relating to the issue of sexual harassment and a sexually hostile work environment. The training shall be at least one hour in duration. Orr Automotive agrees to give written notice to the EEOC within fourteen (14) days after each training session, providing the following information: (a) the date and location of the training; (b) the list of employees attending; (c) the name of the person providing the training; and (d) the substance of the training.
8. Orr Automotive agrees that it shall impose substantial discipline--up to and including termination, suspension without payor demotion--upon any supervisor or manager who engages in sexual harassment or sex-based harassment or permits any such conduct to occur in his or her work area or among employees under his or her supervision, or who retaliates against any person who complains or participates in any investigation or proceeding concerning any such conduct. Orr Automotive shall communicate this policy to all of its supervisors and managers.
9. Orr Automotive agrees that it shall continue to advise all managers and supervisors

CONSENT DECREE

4

•

of their duty to actively monitor their work areas to ensure employees' compliance with the

company's sexual harassment policy, and to report any incidents and/or complaints of sexual harassment, sex-based harassment and/or retaliation of which they become aware to the persons charged with handling such complaints. Specifically, Orr Automotive agrees to include training in

the General Manager meetings, which are to be held three times per year. The training at these General Manager meetings will include a discussion of such conduct and comments that could be considered sexual harassment, including examples thereof. The training will also include a discussion ofthe Orr Automotive complaint procedure and appropriate disciplinary action-up to and including termination-in response to a complaint ofsexual harassment. The training shall be at least 30 minutes in duration. Orr Automotive agrees to give written notice to EEOC within fourteen (14)

days after each General Manager meeting, providing the following information: (a) the date and location ofthe General Managers' meeting; (b) the list ofall employees in attendance; (c) the name of the person providing the training; and (d) the substance ofthe training.
10. Orr Automotive agrees that it will revise its current supervisor appraisal process to include performance evaluations for the handling of equal employment opportunity issues as an element in supervisor appraisals, and to link such evaluations directly to its supervisor salary/bonus

structure. 11.

Orr Automotive agrees that it shall include "commitment to equal employment

opportunity" as a criterion for qualification for supervisory positions.

12. Within fourteen (14) days after entry ofthis Consent Decree, Orr Automotive agrees

to remove from Linda Duncan's personnel files all documents, entries and references relating to the

following: the facts and circumstances which led to the filing of her charge of discrimination; the

CONSENT DECREE

5

•
charge itself; and the Complaint filed by the EEOC in federal court based upon her Charge of Discrimination. Orr Automotive shall send a report to the EEOC within ten (10) days after expungement, describing the specific items expunged from Linda Duncan's personnel file.
13. Orr Automotive agrees to provide a positive written employment reference for Linda Duncan, agreed upon by the EEOC, providing the dates of her employment, the last position held and the last salary earned, her duties and stating that she is eligible for rehire. Orr Automotive agrees to state that Linda Duncan performed her duties in an excellent manner.
14. Orr Automotive agrees that there shall be no discrimination or retaliation ofany kind against any person involved in the referenced charge or litigation including Linda Duncan because of opposition to any practice declared unlawful under Title VII, or because ofthe filing of a charge; giving testimony or assistance or participating in any manner in any investigation, proceeding or hearing under Title VII.
15. Defendant Orr Automotive agrees to distribute the Notice attached as "Attachment A" to each current and future employee, stating the following: "This is a copy of Orr Automotive's policy against discrimination. Orr Automotive reiterates its commitment to providing a workplace free of discrimination of any kind. Please read the policy and keep a copy for your records." Defendant Orr Automotive agrees to distribute this policy to each current employee within thirty days after entry ofthis Consent Decree. New employees will be given a copy ofthe notice upon hire. This procedure will remain in effect during the two-year pendency of this Consent Decree. The "Notice" will remain also posted in prominent and conspicuous locations throughout its facilities at each of its associated dealerships during the two-year pendency of this Consent Decree.
16. Defendant Orr Automotive agrees to pay the gross sum of $140,000.00 to Linda

CONSENT DECREE

6

•

Duncan to resolve all claims for all damages. Within twenty-one (21) days of the entry of this Consent Decree, Orr Automotive and/or its insurance carrier, Sentry Select Insurance Company, will issue a cashier's check, made payable to Linda Duncan and mailed to 1101 East Avenue I, Hooks, Texas 75561, in the above-referenced amount.

17. The payment referenced in paragraph 16, above, shall be made by cashier's check, with a copy ofthe cashier's check sent to EEOC attorney Ronetta J. Francis, 207 S. Houston Street, Third Floor, Dallas, Texas 75202.
18. Defendant Orr Automotive agrees to report to the EEOC within fourteen (14) days ofentry ofthis Consent Decree regarding its compliance with the agreements set forth in paragraphs 5 through 17, above. Orr Automotive shall report to the EEOC regarding training as specifically outlined in paragraph No.7.
19. All reports to the EEOC required by this Decree shall be sent to Ronetta J. Francis, Senior Trial Attorney, EEOC, 207 S. Houston, Third Floor, Dallas, Texas 75202.
20. If Defendant Orr Automotive fails to tender payment or otherwise fails to timely

comply with the terms of paragraphs 16-17, above, Defendant Orr Automotive shall: a. Pay interest at the rate calculated pursuant to 26 U.S.C. Section 6621 (b) on any untimely or unpaid amounts from date of non-compliance; and b. Bear any additional costs incurred by the EEOC caused by the noncompliance or delay of the Defendant.
21. Neither the EEOC nor Defendant Orr Automotive shall contest the validity of this Consent Decree nor the jurisdiction ofthe federal district court to enforce this Consent Decree and its terms or the right of either party to the Consent Decree to bring an enforcement action upon

CONSENT DECREE

7

•

breach of any tenn of this Consent Decree by either such party. Nothing in this Decree shall be

construed to preclude the EEOC from enforcing this Decree in the event that Defendant Orr

Automotive fails to perfonn the promises and representations contained herein. The EEOC shall

detennine whether Defendant Orr Automotive has complied with the tenns ofthis Consent Decree

and shall be authorized to seek compliance with the Consent Decree through civil action in the

United States District Court.

22. The tenn of this Decree shall be for two (2) years.

23. The parties to this Consent Decree agree to bear their own attorney's fees associated

with the above-referenced Complaint.

SO ORDERED, ADJUDGED AND DEC

l"I. dayof ~)~'2003.
biJ

CONSENT DECREE

8

AGREED AS TO FORM AND SUBSTANCE:
Signed this / Gil day of-=-.:.....::....:.~_ _, 2003.
FOR THE PLAINTIFF:
@~¢fol<~
Regional Attorney Oklahoma State Bar No. 011782
SUZANNE M. ANDERSON Supervisory Trial Attorney Texas Bar No. 14009470
/~cuc5=
Senior Trial Attorney Virginia Bar No. 39886
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Dallas District Office 207 South Houston Street, Third Floor Dallas, Texas 75202 Tel No. (214) 655-3334; Fax No. (214) 655-3331

MERCY, CARTER, TIDWELL & ELLIOTT, L.L.P. 1724 Galleria Oaks Drive Texarkana, Texas 75503 (903) 794-9419; Fax No. (903) 794-1268

CONSENT DECREE

9

•
u.s. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

Dallas District Office

207 S. Houston Street, 3,d Floor

Dallas, TX 75202-4726

(214) 655-3355

TTY (214) 655-3363

FAX (214) 655-3443

NOTICE TO ALL EMPLOYEES

This NOTICE is being posted as part of a Consent Decree between the Equal Employment Opportunity Commission and Orr Automotive, L.L.C.. This NOTICE will be conspicuously posted for a period of two years at this location. It must not be altered, defaced, or covered by any other material.

POLICY: Discrimination of any kind can and often will detract from employees' job performance, discourage employees from remaining on the job, keep employees from advancing in their careers and lower overall employee morale and productivity. It is the policy of Orr Automotive, L.L.C. that gender discrimination in the form of sexual harassment and retaliation is unacceptable conduct and will not be condoned.

PURPOSE: It is the purpose of this Notice to reaffirm and amplify the requirements of Title VII of the Civil Rights Act of 1964, as amended, and the Equal Employment Opportunity Commission's guidelines on gender discrimination and to reiterate Orr Automotive, L.L.C.'s policy against unlawful discrimination.

SCOPE: This policy extends to all employees of ORR AUTOMOTIVE, L.L.C. both management, nonmanagement, and temporary/probationary.

DEFINITION: Sexual harassment has been defined as follows: Unwelcome sexual advances, requests for sexual favors and other verbal or physical conduct of a sexual nature constitute sexual harassment when (1) submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment, (2) submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual, or (3) such conduct has the purpose or effect of unreasonably interfering with an individual's work performance or creating an intimidating, hostile or offensive working environment. Sexual harassment is a form ofmisconduct that undermines the integrity ofthe employment relationship. No employee, either male or female, should be subjected to unsolicited and unwelcome sexual conduct, either verbal or physical.

Examples of behavior that may constitute sexual harassment include but are not limited to the following:

*

Hugging, grabbing or any type of unnecessary touching of another person.

*

Making unwelcome sexual advances.

*

Foul or obscene language of a sexual nature, including jokes.

*

Requests for sexual favors whether in exchange for benefits or otherwise.

RESPONSIBILITY: Each manager and supervisor has a responsibility to maintain a workplace free of sexual harassment. Employees are expected to read, understand, and follow Orr Automotive, L.L.C.'s policies against unlawful discrimination and procedures for reporting any alleged unlawful discrimination.

REPORTING PROCEDURES: Any employee who believes that he or she has been subjected to gender discrimination has an obligation to report it to his or her manager or to the dealership's General Manager immediately.

A person either alternatively, or in addition to reporting such an allegation to company officials, may contact the ATTACHMENT "A"

•
U.S. Equal Employment Opportunity Commission for the purposes offiling a charge ofemployment discrimination. The address and telephone number of the U.S. EEOC office is 207 S. Houston Street, Third Floor, Dallas, Texas 75202; (214) 655-3355. Information about your rights and how to file a charge is available on the Internet at www.eeoc.gov.
INVESTIGATION OF COMPLAINTS: An appropriate investigation of each complaint will be undertaken quickly by the appropriate Orr Automotive, L.L.C. personnel. The investigation may include interviews of employees and supervisors at the facility, the inspection of documents, including personnel records, and full inspection of the premises.
PUNISHMENT FOR VIOLATION: Employees engaged in gender discrimination can expect to be subjected to disciplinary action. After appropriate investigation, any employee, whether management or non-management, who has been found to have discriminated against another employee will be subject to appropriate disciplinary action, depending on the circumstances, up to and including termination of employment.
RETALIATION: There shall be no retaliation against any employee because that person has opposed what they believe to be unlawful employment practices or has filed a charge of discrimination, or has given testimony, assistance, or has participated in any manner in any investigation, proceeding or hearing under Title VII of the Civil Rights Act of 1964. Orr Automotive, L.L.C. will not punish you for reporting gender discrimination simply because you have made a complaint under the above guidelines.
PROTECTION OF PRIVACY: The question ofwhether a particular action or incident constitutes gender discrimination requires a determination based on all available facts and current law. However, Orr Automotive, L.L.C. will handle your complaint in as confidential a manner as practicable.
EXCEPTIONS: There are no exceptions to this policy.
THIS IS AN OFFICIAL NOTICE AND MUST NOT BE REMOVED OR DEFACED BY ANYONE. THIS NOTICE WILL BE POSTED FOR A PERIOD OF TWO YEARS.

DATE

KEITH ORR, President Orr Automotive

 
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CLOSED, JURY, KAPLAN
U.S. District Court Northern District of Texas (Dallas) CIVIL DOCKET FOR CASE #: 3:02-cv-01911

EEOC v. Orr Automotive LLC Assigned to: Judge David C Godbey Demand: $0 Cause: 42:2000 Job Discrimination (Sex)
Plaintiff Equal Employment Opportunity Commission

Date Filed: 09/05/2002 Date Terminated: 07/17/2003 Jury Demand: Both Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff
represented by Robert A Canino, Jr Equal Employment Opportunity Commission Dallas District Office 207 S Houston 3rd Floor Dallas, TX 75202 214/253-2750 Email: robert.canino@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED
Ronetta J Francis Equal Employment Opportunity Commission Dallas District Office 207 S Houston 3rd Floor Dallas, TX 75202 214/253-2746 Fax: 214/253-2749 FAX Email: Ronetta.Francis@eeoc.gov
Suzanne M Anderson Equal Employment Opportunity Commission Dallas District Office 207 S Houston 3rd Floor Dallas, TX 75202 214/253-2740 Fax: 214/253-2749 FAX Email: suzanne.anderson@eeoc.gov

V.

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Defendant Orr Automotive LLC

represented by Jeffrey C Elliott Elliott Law Firm 5519 Plaza Dr Texarkana, TX 75503 903/838-1098 Fax: 903/838-1204 Email: jeff@jeffelliottlaw.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed 09/05/2002 09/05/2002 09/05/2002 09/05/2002 09/05/2002 09/30/2002 09/30/2002
10/02/2002
10/09/2002
10/15/2002 10/16/2002
10/17/2002

#

Docket Text

1 COMPLAINT filed. Govt. no fee. (5) (mlh) (Entered: 09/09/2002)

1 DEMAND for jury trial by plaintiff EEOC. (mlh) (Entered: 09/09/2002)

PRELIMINARY ASSIGNMENT TO Magistrate Judge Jeff Kaplan (mlh) (Entered: 09/09/2002)

2 CERTIFICATE OF INTERESTED PERSONS by plaintiff EEOC (2) (mlh) (Entered: 09/09/2002)

3 SUMMONS(ES) issued for defendant Orr Automotive LLC (iss-1) (mlh) (Entered: 09/09/2002)

4 ANSWER to complaint by defendant Orr Automotive LLC (Attorney Jeffrey C Elliott) and jury demand (3) (aat) (Entered: 10/01/2002)

5 MOTION by defendant Orr Automotive LLC to dismiss for improper venue or, in the alternative, motion to transfer (4) (aat) (Entered: 10/01/2002)

6 ORDER No later than 20 days from the date this order is filed, defendant must comply with Rules 7.4 and 3.1(f) so that the court can ensure that recusal is not required in this case. ( Signed by Judge David C. Godbey ) Copies to counsel: 10/2/02 Page(s) 2 (aat) (Entered: 10/02/2002)

7 ORDER REQUIRING STATUS AND SCHEDULING CONFERENCE. The parties are directed to confer within 14 days of the date of this order and report to the Court within 14 days after the conference. ( Signed by Judge David C. Godbey ) Copies to counsel: 10/10/02 Page(s): 2 (aat) (Entered: 10/10/2002)

8 CERTIFICATE OF INTERESTED PERSONS by defendant Orr Automotive LLC (2) (aat) (Entered: 10/16/2002)

9 RETURN OF SERVICE executed as to defendant Orr Automotive LLC 9/11/02 via personal service. Answer due on 10/1/02 for Orr Automotive LLC. (mlh) (Entered: 10/17/2002)

10 RESPONSE by plaintiff EEOC in opposition to [5-1] motion to dismiss for improper venue or, in the alternative, motion to transfer (2) (aat)

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10/17/2002 10/28/2002 10/28/2002 11/04/2002 11/14/2002 11/19/2002 11/25/2002 06/05/2003
06/19/2003 07/17/2003 07/17/2003
07/17/2003

(Entered: 10/18/2002)
11 MEMORANDUM by plaintiff EEOC in support of [10-1] response in opposition to defendant's motion to dismiss for improper venue or, alternatively, motion to transfer (10) (aat) (Entered: 10/18/2002)
12 REPLY by defendant Orr Automotive LLC to response to [5-1] motion to dismiss for improper venue or, in the alternative, motion to transfer (2) (aat) (Entered: 10/29/2002)
13 MEMORANDUM by defendant Orr Automotive LLC in support of [121] reply to plaintiff's response in opposition to defedant's motion to dismiss (5) (aat) (Entered: 10/29/2002)
14 JOINT STATUS REPORT by plaintiff EEOC, defendant Orr Automotive LLC (5) (aat) (Entered: 11/05/2002)
15 ORDER denying Orr's [5-1] motion to dismiss for improper venue or, in the alternative, motion to transfer. ( Signed by Judge David C. Godbey ) Copies to counsel: 11/14/02 Page(s) 2 (aat) (Entered: 11/14/2002)
16 SCHEDULING ORDER setting this case for trial beginning 10/6/03. See order for specifics. Signed by Judge David C. Godbey ) Copies to counsel: 11/20/02 Page(s): 3 (aat) (Entered: 11/20/2002)
17 NOTICE OF INITIAL DISCLOSURE by defendant Orr Automotive LLC (2) (aat) (Entered: 11/25/2002)
18 ORDER REFERRING CASE FOR SETTLEMENT CONFERENCE This case is referred to US Magistrate Judge Caroline M. Craven, 401 Federal Building, 500 North State Line Avenue, Texarkana, TX 75501, for a settlement conference. The magistrate judge is requested to hold this settlement by 7/25/03. (Signed by Judge David C Godbey on 6/5/03) (aat, ) (Entered: 06/06/2003)
19 NOTICE OF SCHEDULING OF MEDIATION CONFERENCE. A mediation conference is scheduled for 7/15/03 at 10:00AM. (Signed by Judge Visiting VJUnassigned on 6/17/03) (aat, ) (Entered: 06/20/2003)
20 MEDIATOR'S REPORT. (Signed by Judge Caroline M. Craven on 7/17/03) (aat, ) (Entered: 07/18/2003)
21 CONSENT DECREE. Orr Automotive agrees to pay $140,000.00 to Linda Duncan to resolve all claims for all damages. The parties agree to bear their own attorneys' fees associated with the complaint. (Signed by Judge David C Godbey on 7/17/03) (aat, ) (Entered: 07/18/2003)
***Civil Case Terminated. (aat, ) (Entered: 07/18/2003)

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