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IN THE UNITED STATES DISTRICT COujRT FOR THE NORTHERN DISTRICT OF TE¥AS

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DALLAS DIVISION

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EQUAL EMPLOYMENT OPPORTUNITY }

COMMISSION,

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Plaintiff,

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v.

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7-ELEVEN, INC.,

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Defendant.

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CIVIL ACTION NO.
S 0 till 1 CV 1 832" G
COMPLAINT JURY TRIAL DEMANDED

NATURE OF THE ACTION This is an action under the Age Discrimination in Employment Act to correct an unlawful employment practice on the basis of age and to provide appropriate relief to Betty Huntington. Specifically, Defendant Employer 7-Eleven, Inc. discriminated against Ms. Huntington by denying her a promotion to the position of Executive Assistant - Non-Foods Merchandising because of her age.
JURISDICTION AND VENUE 1. Jurisdiction ofthis Court is invoked pursuant to 28 U.S.c. §§ 451,1331, 1337, 1343, and 1345. This action is authorized and instituted pursuant to Section 7(b) ofthe Age Discrimination in Employment Act of 1967, as amended, 29 U.S.C. § 626(b) (the "ADEA"), which incorporates by reference Sections 16 and 17 ofthe Fair Labor Standards Act of 1938, as amended, 29 U.S.C. §§ 216 and 217. 2. The employment practice alleged to be unlawful was and is now being committed

within the jurisdiction of the United States District Court for the Northern District of Texas. 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 the ADEA and is expressly authorized to bring this action by Section 7(b) of the ADEA, 29 U.S.C. § 626(b), as amended by Section 2 of Reorganization Plan No.1 of 1978,92 Stat. 3781, and by Public Law 98-532 (1984), 98 Stat. 2705.
4. At all relevant times, Defendant, 7-Eleven, Inc. ("Defendant"), has continuously been and is now doing business in the State of Texas and has continuously employed at least fifteen employees.
5. At all relevant times, Defendant has continuously been an employer engaged in an industry affecting commerce under Section ll(b), (g) and (h) of the ADEA, 29 U.S.C. § 630(b), (g) and (h).
CONCILIATION 6. Prior to institution ofthis lawsuit, the Commission's representatives attempted to eliminate the unlawful employment practice alleged below and to effect voluntary compliance with the ADEA through informal methods of conciliation, conference and persuasion within the meaning of Section 7(b) of the ADEA, 29 U.S.C. § 626(b).
STATEMENT OF CLAIMS 7. Since at least May 2000, the Defendant has engaged in an unlawful employment practice at its Dallas, Texas facility in violation of Sections 4(a)(1) and (d) of the ADEA, 29
2

U.S.C. § 623(a) and (d). Specifically, the EEOC alleges that in May 2000, Defendant denied Betty Huntington a promotion to the position of Executive Assistant - Non-Foods Merchandising because of her age.
8. The effect of the practices complained of in paragraph 7 above has been to deprive Betty Huntington of equal employment opportunities and otherwise adversely affect her status as an employee because of her age.
9. The unlawful employment practice complained of above was willful within the meaning ofthe ADEA.
PRAYER FOR RELIEF Wherefore, the Commission respectfully requests that this Court: A. Grant a permanent injunction enjoining the Defendant, 7-Eleven, Inc., 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 of age. B. Order the Defendant to institute and carry out policies, practices, and programs which provide equal employment opportunities for qualified individuals who are at least age 40, and which eradicate the effects of its past and present unlawful employment practices. C. Order the Defendant to pay Betty Huntington appropriate back wages, in an amount to be proven at trial, and an equal amount in liquidated damages, and prejudgment interest. D. Order the Defendant to make Betty Huntington whole by providing the affirmative relief necessary to eradicate the effects of its unlawful practice, including but not limited to rightful-place promotion.
3

E. Grant such further relief as the Court deems necessary and proper in the public interest.
F. 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. Respectfully submitted, NICHOLAS INZEO Acting Deputy General Counsel
~Ud~4
TOBY W. COSTAS Acting Regional Attorney
~:~ RON TA FRANCIS Senior Trial Attorney Virginia State Bar No. 39886 EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Dallas District Oftlce 207 South Houston Street, 3rd Floor Dallas, Texas 75202 Tel No. (214) 655-3334 Fax No. (214) 655-3331
4

 
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IN THE UNITED STATES DISTRICT CO '
t FOR THE NORTHERN DISTRICT OF
DALLAS DIVISION

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EQUAL EMPLOYMENT OPPORTUNITY §

COMMISSION,

§

§

Plaintiff,

§

§

v.

§

§

7-ELEVEN, INC.,

§

§

Defendant.

§

Civil Action No. 3-0ICVI832-G

SETTLEMENT AGREEMENT

THIS Settlement Agreement is made and entered into by and between the Equal Employment Opportunity Commission ("EEOC"), and the Defendant, 7-Eleven Inc. (hereinafter referred to as "the parties").
The EEOC instituted a lawsuit in the United States District Court for the Northern District of Texas, Dallas Division, Civil Action No. 3-00-CV-2123-D, alleging that the Defendant violated the Age Discrimination Act of 1967 (ADEA) when it failed to promote Charging Party Betty Huntington to the position of Executive Assistant because of her age.
The parties hereto desire to compromise and settle the differences embodied in the aforementioned lawsuit, and intend that the terms and conditions be set forth in this Settlement Agreement.

SETTLEMENT AGREEMENT

PAGEl

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 that:
1. This Court has jurisdiction to enforce the provisions set forth in this Settlement Agreement.
2. This Settlement Agreement resolves all issues, including all like and related issues, raised in EEOC Charge Number 310 Al 0137. This Settlement Agreement further resolves all issues in the Complaint filed by the EEOC in this civil action. The EEOC does not waive processing or litigating charges or cases other than the abovereferenced charge and Complaint. It is understood that this Settlement Agreement does not constitute an admission by Defendant of any violation of the ADEA.
3. Defendant agrees not to discriminate on the basis of age with respect to recruitment, hiring, promotion, termination, or any other employment action, and Defendant further agrees not to retaliate in any way against any person because of opposition to any practice declared unlawful under the ADEA or because ofthe filing of a charge, giving testimony, or assisting or participating in any manner in any investigation, proceeding, hearing, or trial.
4. Defendant agrees to post the Notice appended hereto as Attachment "A" in each break room in its headquarters office within 10 days after the entry ofthis Settlement Agreement. The notice shall be a minimum of8 Y2 by 11 inches in size and shall use

SETTLEMENT AGREEMENT

PAGE 2

a minimum of 12 point type. Defendant will report to the EEOC that it has complied with this requirement within 30 days after posting the notice. 5. During the Tenn ofthis Settlement Agreement, Defendant agrees to conduct training two times per year for all supervisors who participate in the hiring and supervision of Executive Assistants at the corporate headquarters office advising them of the requirements and prohibitions ofthe ADEA. The training will advise the trainees of the consequences imposed upon 7-Eleven, Inc. forviolatingtheADEA. Thetraining will also include a specific discussion or instruction relating to the issue of age discrimination. The training shall be at least one (1) hour in duration. No less than 10 days before the training is conducted, Defendant agrees to give written notice to the EEOC as to the date and location of the training, the name of the person providing the training, and the substance of the training. Within 20 days following the training, Defendant shall submit to the EEOC confinnation that the training was conducted, a list of attendees (identified by initials and position held), and a copy of all material distributed during that training. 6. Defendant agrees to post all Executive Assistant vacancies on bulletin boards in each employee break room in the corporate headquarters office and in the Public Folder posted on the company's internet e-mail system. 7. Within 14 days after the date of selection, Defendant agrees to provide to the EEOC the name, age, and date ofpromotion for each applicant selected and each applicant

SETTLEMENT AGREEMENT

PAGE 3

not selected for promotion into an Executive Assistant position during the Term of this Settlement Agreement. 8. Upon written request by the EEOC, during the Term ofthis Settlement Agreement, as to each applicant not selected for the Executive Assistant vacancy, Defendant agrees to provide to the EEOC all application materials, all interview notes, the identity and titles of all employees involved in the selection process. The above documents shall be sent to the EEOC within 7 days after the date of request. 9. Defendant agrees to retain all interview notes pertaining to promotion decisions to the Executive Assistant position for a period of one year from the date of the selection decision. 10. Defendant agrees to pay the amount of $10,000 to Betty Huntington to resolve a disputed claim for back pay damages, which shall be subject to all applicable taxes and withholding based on the current exemptions taken by Ms. Huntington, as well as an additional amount of $10,000 for disputed damages under 29 U.S.C. § 216, subject to IRS Form 1099, in full and final settlement of the claims asserted in this dispute. These payments shall be made in the form of two (2) checks payable to "Betty Huntington." The checks shall be mailed via certified mail to the attention of David Rivela, Trial Attorney, EEOC, 207 S. Houston Street, 3rd Floor, Dallas, Texas 75202, within 30 days of the Effective Date of this Settlement Agreement.

SETTLEMENT AGREEMENT

PAGE 4

11. Defendant agrees to report to the EEOC within 30 days ofthe Effective DC).te ofthis Settlement Agreement regarding its compliance with the arrangements set forth in paragraphs 4, 5, 6 and 10, above. Defendant shall send its report via first class mail, postage prepaid, to the attention of David Rivela, Regional Attorney, EEOC, 207 S. Houston Street, 3rd Floor, Dallas, Texas 75202.
12. If Defendant fails to tender payment or otherwise fails to timely comply with the terms of paragraph 10 above, Defendant shall: a. Pay interest at the rate calculated pursuant to 26 U.S.C. 6621(b) on any untimely or unpaid amounts; and b. Bear any additional costs incurred by the EEOC caused by the noncompliance or delay of the Defendant.
13. The EEOC has the right to specifically enforce the terms of this Settlement Agreement. Nothing in this Settlement Agreement can preclude further actions by the EEOC or any other person to remedy any other alleged violations of the ADEA by the Defendant.
14. The Effective Date of this Settlement Agreement shall be the date upon which it is signed for approval by the Court.
15. The Term ofthis Settlement Agreement shall be for two (2) years from the Effective Date.
16. The parties request that the Court dismiss this case with prejudice, both parties to bear their own attorneys' fees and costs.

SETTLEMENT AGREEMENT

PAGES

AGREED AS TO FORM AND SUBSTANCE:
- ~c.::---i:? ROBERT A. CANINO Regional Attorney Oklahoma State Bar No. 011782
<: C!2\:S!A Q.<~ ~ TOBYW. COSTAS Acting Regional Attorney Texas State Bar No. 04855720
DAVID RIVELA Trial Attorney Texas State Bar No. 00797324
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Dallas District Office 207 S. Houston Street, 3rd Floor Dallas, Texas 75202 (214) 655-3358 (214) 655-3331 (Telecopier)
Dated: J:{~ 23,, 2oo .;;l..

ERIC A. WELTER VA State BarNo. 38193 WELTER LAW FIRM, P.c. 12801 Worldgate Drive, Suite 500 Herndon, Virginia 20170 (703) 871-3955 (703) 871-3956 (Telecopier)
ROBERT E. LUXEN State Bar No. 12711500 HALLETT & PERRIN, P.C. 2001 Bryan Street, Suite 3900 Dallas, Texas 75201 (214) 953-0053 (214) 953-3154 (Telecopier)
Dated: .:::r\A Iy I =t-, "2-00 C

SETTLEMENT AGREEMENT

PAGE 6

*****
APPROVED AND SO ORDERED.
July :JJ.I ,2002.
A. JOE IS United States District Judge

SETTLEMENT AGREEMENT

PAGE 7

,..

ATTACHMENT A

NOTICE TO ALL EMPLOYEES
This Notice is being posted as part of an agreement between 7-Eleven, Inc. and the U.S. Equal Employment Opportunity Commission.
Federal law requires that there be no discrimination against any employee or applicant for employment because of the employee's disability, gender, race, color, religion, national origin, or age with respect to hiring, firing, promotions, pay raises or other terms, conditions or privileges of employment. Specifically, the law prohibits an employer from refusing or failing to hire an individual for ajob because of that person's age.
An employee has the right, and is encouraged to exercise that right, to report allegations of age discrimination in the workplace. An employee may do so by notifying Jennifer Pendleton at (214) 841-6583. Employees who do not wish to go to Ms. Pendleton may instead report to any supervisor or manager with 7-Eleven, Inc.
Any report of such an allegation will be thoroughly investigated, with appropriate disciplinary action taken against any person(s) found to have engaged in such conduct.
Any employee, either alternatively or in addition to reporting such an allegation to company officials, may contact the Equal Employment Opportunity Commission for the purposes of filing a charge of employment discrimination. The address and telephone number of the nearest EEOC office is 207 South Houston Street, 3rd Floor, Dallas, Texas 75202; (214) 6553355.

DATE

COMPANY OFFICIAL

THIS NOTICE SHALL REMAIN POSTED UNTIL August 31,2003.

SETTLEMENT AGREEMENT

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ADR, CLOSED, JURY, KAPLAN
U.S. District Court Northern District of Texas (Dallas) CIVIL DOCKET FOR CASE #: 3:01-cv-01832

Equal Employment Opp v. 7-Eleven Inc Assigned to: Judge A. Joe Fish Demand: $0 Cause: 29:621 Job Discrimination (Age) Plaintiff Equal Employment Opportunity Commission
V. Defendant 7-Eleven Inc

Date Filed: 09/17/2001 Date Terminated: 07/24/2002 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff
represented by Toby W Costas Equal Employment Opportunity Commission Dallas District Office 207 S Houston 3rd Floor Dallas, TX 75202 214/253-2760 Fax: 214/253-2749 FAX Email: toby.costas@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED
David C Rivela Equal Employment Opportunity Commission San Antonio District Office 5410 Fredricksburg Rd Suite 200 San Antonio, TX 78229 210/281-7619 Fax: 210/281-7669 Email: david.rivela@eeoc.gov
represented by Eric A Welter Welter Law Firm 720 Lynn Street Suite B Herndon, VA 20170 703/435-8809 Fax: 703/435-8851 FAX Email: eaw@welterlaw.com LEAD ATTORNEY

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Provider Jeff Abrams
Provider Hesha Abrams

ATTORNEY TO BE NOTICED
Robert E Luxen Hallett & Perrin 2001 Bryan St Suite 3900 Dallas, TX 75201 214/922-4138 Fax: 214/922-4143 FAX Email: rluxen@hallettperrin.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Jeff Abrams Abrams Mediation & Negotiation Inc 7616 Burns Run Suite 180 Dallas, TX 75248 972/702-9066 Email: jeff@abramsmediation.com PRO SE
represented by Hesha Abrams Abrams Mediation & Negotiation Inc 7616 Burns Run Suite 180 Dallas, TX 75248 972/702-9066 Fax: 972/702-0656 FAX Email: hesha@abramsmediation.com PRO SE

Date Filed 09/17/2001 09/17/2001 09/17/2001 09/17/2001 09/17/2001 10/10/2001

#

Docket Text

1 COMPLAINT filed by EEOC (4) (cxj) (Entered: 09/17/2001)

1 DEMAND for jury trial by plaintiff Equal Employment Opp (cxj) (Entered: 09/17/2001)

2 CERTIFICATE OF INTERESTED PERSONS by plaintiff Equal Employment Opp (2) (cxj) (Entered: 09/17/2001)

3 SUMMONS(ES) issued for defendant 7-Eleven Inc (Issued-1) (cxj) (Entered: 09/17/2001)

PRELIMINARY ASSIGNMENT TO Magistrate Judge Jeff Kaplan (cxj) (Entered: 09/17/2001)

4 WAIVER OF SERVICE Returned Executed as to 7-Eleven Inc 9/18/01

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11/16/2001 11/19/2001 11/19/2001 12/06/2001 12/12/2001
01/10/2002 01/10/2002 01/14/2002 01/16/2002 01/17/2002 05/08/2002
06/20/2002 06/21/2002

Answer due on 11/19/01 for 7-Eleven Inc (1) (cxj) (Entered: 10/11/2001)
5 ANSWER to Complaint by defendant 7-Eleven Inc (Attorney Robert E Luxen), (5) (cxj) (Entered: 11/19/2001)
6 APPLICATION AND ORDER for Eric A Welter to appear pro hac vice ( Signed by Judge A J. Fish ) Copies to counsel: 11/20/01 Page(s) 3 (cxj) (Entered: 11/20/2001)
7 STATUS REPORT ORDER. Joint Status report due on 12/10/01 ( Signed by Judge A J. Fish ) Copies to counsel: 11/20/01 Page(s): 3 (cxj) (Entered: 11/20/2001)
8 JOINT STATUS REPORT by plaintiff Equal Employment Opp, defendant 7-Eleven Inc (5) (cxj) (Entered: 12/07/2001)
9 SCHEDULING ORDER setting Docket call set for 1/6/03 ; Joining of Parties on 3/11/02 ; Amending of Pleadings on 3/11/02 ; Deadline for filing of dispositive motions 6/28/02 ; Discovery cutoff 8/31/02 ; Pretrial materials due on 12/27/02 Proposed pretrial order due 12/27/02 ; Pretrial conference for 9:00 1/3/03 ; ( Signed by Judge A J. Fish ) Copies to counsel: 12/13/01 Page(s): 11 (cxj) (Entered: 12/13/2001)
10 NOTICE of service of Rule 26(a)(1) Disclosures by defendant 7-Eleven Inc (2) (cxj) (Entered: 01/11/2002)
11 NOTICE of ADDRESS CHANGE by defendant 7-Eleven Inc attorney's New address is: 12801 Worldgate Dr Ste 500 Herndon, VA 20170 (2) (cxj) (Entered: 01/11/2002)
12 NOTICE of ADDRESS CHANGE by defendant 7-Eleven Inc attorneys' New address is: Hallett & Perrin PC 2001 Bryan St. Ste 3900 Dallas, TX 75201 (2) (cxj) (Entered: 01/15/2002)
13 NOTICE of attorney appearance for plaintiff Equal Employment Opp. Comm. by David C Rivela. (2) (mlh) (Entered: 01/17/2002)
14 NOTICE of service of Rule 26(a)(2) Initial Disclosures by plaintiff Equal Employment Opp (2) (jrb) (Entered: 01/18/2002)
15 ORDER referring case to ADR; Jeff Abrams, Hesha Abrams ADR provider; Type of ADR: Mediation Requested by: Court ( Signed by Chief Judge A J. Fish ) Copies to counsel: 05/09/02 Page(s): 3 (cxj) (Entered: 05/09/2002)
16 JOINT MOTION to amend/modification of [9-1] Scheduling order by plaintiff Equal Employment Opp, defendant 7-Eleven Inc (3) (cxj) (Entered: 06/21/2002)
17 ORDER granting [16-1] joint motion to amend/modification of [9-1] Scheduling order; the deadline for plaintiff's expert witness designations are extended to 7/19/02 and the deadline for dft's expert witness designations is 8/2/02 Reset scheduling order deadlines: Deadline for filing of dispositive motions by 7/26/02 ( Signed by Chief Judge A J.

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07/24/2002 07/24/2002

Fish ) Copies to counsel: 06/24/02 Page(s) 2 (cxj) (Entered: 06/24/2002)
18 SETTLEMENT AGREEMENT/ORDER...please see order for specifics dft agrees to pay the amount of $10,000 to Betty Huntington to resolve a disputed claim for back damages which shall be subject to all applicable taxes and withholding...as well as an additional amount of $10,000 for disputed damages... ( Signed by Chief Judge A J. Fish ) Copies to counsel: 07/25/02 Page(s) 8 (cxj) (Entered: 07/25/2002)
Case closed (cxj) (Entered: 07/25/2002)

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