IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA
NORTHERN DIVISION

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff,
v.
MEXICAN EXPRESS AMIGOS, INC. and MEXICAN EXPRESS CAROLINA, INC. d/b/a MAMASITA’S RESTAURANT,
Defendants.

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)

CIVIL ACTION NO.

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COMPLAINT

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JURY TRIAL DEMAND

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NATURE OF THE ACTION

This is an action under Title VII of the Civ il Rights Act of 1964 and Title I of the Civil

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

provide appropriate relief to Kira Flint, Virginia Vaughn, and a class of similarly situated women

including Roseanna Brothers, who were adversely affected by such parctices. Specifically Plaintiff,

Equal Employment Opportunity C ommission (the “E EOC” or the “C ommission”) alleges that

Defendants Mexican Express Amigos, Inc. and Mexican Express Carolina, Inc. d/b/a Mamasita’s

Restaurant ( “Defendants”) subjected Kira Flint,Virginia Vaughn, and a class of similarly situated

women including Roseanna Brothers, to a sexually hostile work environment and constructively

discharged some of the aggrieved individuals due to their sex, fem ale. The Commission further

alleges that Defendants retaliated against Kira Flint by reducing her work hours because she opposed

the sexual harassment which resulted in her constructive discharge.

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 institutedpursuant 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 com mitted within the jurisdiction of the United States District Court for the Eastern District of North Carolina.
PARTIES 3. Plaintiff, the Equal Employment Opportunity Commission (the "Commission"), is the agency of the Unite d States of Am erica charged with the adm inistration, 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 doing business in the State of North Carolina and the cities of Edenton and Elizabeth City, and have continuously had at least 15 employees. 5. At all relevant times, Defendants have continuously been an employer, operating as an integrated business enterprise, 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, Kira Flint and Virginia Vaughn filed charges with the Commission alleging violations of Title VII by Defendants. All conditions precedent to the institution of this lawsuit have been fulfilled. 7. From around February 2005 until at least August 2005, Defendant s engaged in unlawful employment practices at their facilities in Edenton and Elizabeth City, North Carolina, in
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violation of Section 703(a)(1) of Title VII, 42 U.S.C. § 2000e-2(a)(1) as set forth below: a. Defendants subjected Kira Flint to sexual harassment and a sexually hostile work environment based on her sex, female. The harassment was perpetrated by two coworkers. The harassment was severe or pervasive and included but was not limited to, unwelcome sexual comments, such as repeated requests for sexual favors, as well as touching, such as grabbing her buttoc ks and breasts. Although Kira Flint complained about the harassment to Defendants, or Defendants otherwise knew or should have known about the harassment, the harassment continued. b. Defendants retaliated against Kira Flint by reducing her work hours because s he opposed the sexual harassment. As a result, Ms. Flint was forced to resign. c. Defendants subjected Virginia Vaughn to sexual harassment and a sexually hostile work environment based on her sex, female. The harassment was perpetrated by two co-workers and a manager who was in Virginia Vaughn’s direct line of supervision. The harassm ent was severe or pervasive and included, but was not li mited to, unwelcome sexual comments such as asking her to “show her titties,” as well as touching, such as slapping her buttocks,putting hands down her pants, and grabbing her breasts. Although Virginia Vaughn com plained about the harassm ent to Defendants, or Defendants otherwise knew or should have known about the harassment, the harassment continued. The harassm ent was so intolerable that Virginia Vaughn was forced to resign. d. Defendants subjected , and a class of similarly situated women including Roseanna Brothers, to sexual harassment and a sexually hostile work environment based on
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their sex, female. The harassment was perpetrated by co-workers and/or supervisors in the direct line of supervision of theaggrieved women. The harassment was severe or pervasive and included, but was not limited to, unwelcome sexual comments, such as repeated requests for dates, as well as touching. Although the similarly situated women, including Roseanna Brothers, com plained about the harassm ent to Defendants, or Defendants otherwise knew or should have known about the harassment, the harassment continued. The harassment was so intolerable that some of the aggrieved women, including Roseanna Brothers, were forced to resign. 8. The effect of the practice complained of in paragraph 7 above has been to deprive Kira Flint, Virginia Vaughn, and a class of similarly situated women including Roseanna Brothers, of equal em ployment opportunities and otherwise a dversely affect their st atus as an em ployee because of their sex, female. 9. The unlawful employment practices com plained of in paragraph 7 above were intentional. 10. The unlawful employment practices complained of in paragraph 7above were done with malice or with reckless indif ference to the federally protected rights of Kira Flint, Virginia Vaughn, and a class of similarly situated women including Roseanna Brothers.
PRAYER FOR RELIEF Wherefore, the Commission respectfully requests that this Court: A. Grant a perm anent injunction enjoining Defendants, thei r officers, successors, assigns, and all persons in active concert or participation with them, from creating or maintaining a sexually hostile work environment or any other employment practice which discriminates on the
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basis of sex, and from retaliating against employees who oppose practices made unlawful by Title VII.
B. Order Defendants to institute and carry out policies, practices, and programs which provide equal employment opportunities for women and which eradicate the effects of their past and present unlawful employment practices.
C. Order Defendants to make whole Kira Flint, Virginia Vaughn, and a class of similarly situated women including Roseanna Brothers, byproviding appropriate back pay with prejudgment interest, in amounts to be determined at trial, and other affirmative relief necessary to eradicate the effects of their unlawful employment practices, including but not limited to reinstatement or front pay.
D. Order Defendants to make whole Kira Flint, Virginia Vaughn, and a class of similarly situated women including Roseanna Brothers, by providing com pensation for past and future pecuniary losses resulting fromthe unlawful employment practices described in paragraph 7 above, including but not limited to medical expenses, in amounts to be determined at trial.
E. Order Defendants to make whole Kira Flint, Virginia Vaughn, and a class ofismilarly situated women including Roseanna Brothers by providing com pensation for pa st and future nonpecuniary losses resulting f rom the unlawful practices complained of in paragraph 7 above, including but not lim ited to emotional pain, suffering, inconvenience, loss of enjoym ent of life, humiliation, loss of self-esteem and loss of civil rights, in amounts to be determined at trial.
F. Order Defendants to pay Kira Flint, Virginia Vaughn, and a class of similarly situated women including Roseanna Brothers punitive dam ages for their m alicious and reckless conduct described in paragraph 7 above, in amounts to be determined at trial.
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G. Grant such further relief as the Court deem s necessary and pr oper 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 its complaint.
DATED this 27th day of September 2006.
Respectfully submitted,
RONALD S. COOPER General Counsel
JAMES L. LEE Deputy General Counsel
GWENDOLYN YOUNG REAMS Associate General Counsel
/s/ Lynette A. Barnes LYNETTE A. BARNES (N.C. Bar No. 19732) Regional Attorney E-mail: Lynette.Barnes@eeoc.gov
TINA BURNSIDE Supervisory Trial Attorney E-mail: Tina.Burnside@eeoc.gov EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 129 W. Trade Street, Suite 400 Charlotte, North Carolina 28202 Telephone: (704) 344-6878 Facsimile: (704) 344-6780
/s/ Kerith Cohen KERITH COHEN (Virginia State Bar No. 39069) Senior Trial Attorney EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 1309 Annapolis Drive
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Raleigh, North Carolina 27608 Telephone: (919) 856-4148 Facsimile: (919) 856-4156 E-mail: Kerith.Cohen@eeoc.gov
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 IN THE UNITED STATES DISTRICT COURT
 FOR THE EASTERN DISTRICT OF NORTH CAROLINA

NORTHERN DIVISION


EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff,
v.
MEXICAN EXPRESS AMIGOS, INC., and MEXICAN EXPRESS CAROLINA, INC. d/b/a MAMASITA'S RESTAURANT,
Defendants.

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Civil Action No.: 2:06-CV-33

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 CONSENT DECREE


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The Equal Employment Opportunity Commission (the "Commission") instituted this action pursuant to Section 706(f)( 1) and (3) of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. Section 2000e-5(f)(I) and (3) ("Title VII"), and Section 102 of the Civil Rights Act of 1991, 42 U.S.c. § 1981 a. The Commission's complaint alleged that Defendants Mexican Express Amigos, Inc. and Mexican Express Carolina, Inc. d/b/a Mamasita's Restaurant ("Defendants") subjected Kira Flint, Virginia Vaughn, and a class of similarly situated women including Roseanna Brothers, to a sexually hostile work environment and constructively discharged some of the aggrieved individuals due to their sex, female. The Complaint further alleges that Defendants retaliated against Kira Flint by reducing her work hours because she opposed the sexual harassment which resulted in her constructive discharge.
The Commission and the Defendants hereby stipulate to jurisdiction of the Court over the parties and agree that the subject matter of this action is properly before the Court.
The parties have advised this Court that they desire to resolve the allegations in the Complaint without the burden, expense, and delay of further litigation.

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

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

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

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

paragraphs 1 through 20 below.

It is therefore ORDERED, ADJUDGED AND DECREED as follows:

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

other protected category within the meaning of Title VII .

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

opposition to any practice made unlawful under Title VII of the Civil Rights Act of 1964 or

because of the filing ofa charge, the giving of testimony or assistance, or the participation in any

investigation, proceeding or hearing under that statute.

3.

Defendants shall pay Kira Flint the sum often thousand dollars ($10,000.00) in

settlement of the claims raised in this action. Defendants shall make payment by issuing a check

payable to Kira Flint. Payment shall be made within thirty (30) days after the Court approves

this Consent Decree, and Defendants shall mail the check to Kira Flint at an address provided by

the Commission. Within ten (l0) days after the check has been sent, Defendants shall mail to

Lynette A. Barnes, Regional Attorney, Equal Employment Opportunity Commission, 129 W.

Trade Street, Suite 400, Charlotte N.C., 28202, a copy of the check and proof of its delivery to

Kira Flint.

4.

Defendants shall pay Virginia Vaughn the sum of nine thousand dollars

($9,000.00) in settlement of the claims raised in this action. Defendants shall make payment by

issuing a check payable to Virginia Vaughn and Hornthal, Riley, Ellis & Maland, LLP.

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Payment shall be made within thirty (30) days after the Court approves this Consent Decree, and Defendants shall mail the check to Hornthal, Riley, Ellis & Maland, LLP, PO Box 220, Elizabeth City, NC 27907-0220. Within ten (10) days after the check has been sent, Defendant shall mail to Lynette A. Barnes, Regional Attorney, Equal Employment Opportunity Commission, 129 W.
Trade Street, Suite 400, Charlotte N.c., 28202, a copy of the check and proof of its delivery to
Hornthal, Riley, Ellis & Maland, LLP. 5. Defendants shall pay Roseanna Brothers the sum of six thousand dollars
($6,000.00) in settlement of the claims raised in this action. Defendants shall make payment by issuing a check payable to Roseanna Brothers. Payment shall be made within thirty (30) days after the Court approves this Consent Decree, and Defendants shall mail the check to Roseanna Brothers at an address provided by the Commission. Within ten (10) days after the check has been sent, Defendants shall mail to Lynette A. Barnes, Regional Attorney, Equal Employment Opportunity Commission, 129 W. Trade Street, Suite 400, Charlotte N.C., 28202, a copy of the check and proof of its delivery to Roseanna Brothers.
6. Within ten (10) days of the entry ofthis decree by the Court, Defendants shall eliminate from the employment records ofKira Flint, Virginia Vaughn, and Roseanna Brothers any and all documents, entries, or references of any kind relating to the facts and circumstances which led to the filing of EEOC Charge Numbers 141-2005-03355 and 141-2005-03197 and the related events that occurred thereafter. Within fifteen (15) days of the entry of this decree by the Court, Defendants shall report compliance with this provision to the EEOC.
7. Defendants agree to provide Kira Flint with a letter of reference, a copy of which is attached as Exhibit A, within ten (10) days of the entry of this decree by the Court. In addition, if Defendants receive any inquiries regarding Kira Flint's employment, Defendants
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shall provide the document attached as Exhibit A in lieu of a verbal response. 8. Defendants agree to provide Virginia Vaughn with a letter of reference, a copy of
which is attached as Exhibit B, within ten (l0) days of the entry of this decree by the Court. In addition, if Defendants receive any inquiries regarding Virginia Vaughn's employment, Defendants shall provide the document attached as Exhibit B in lieu of a verbal response.
9. Defendants agree to provide Roseanna Brothers with a letter of reference, a copy of which is attached as Exhibit C, within ten (10) days of the entry of this decree by the Court. In addition, if Defendants receive any inquiries regarding Roseanna Brothers' employment, Defendants shall provide the document attached as Exhibit C in lieu of a verbal response.
10. Within ninety (90) days ofthe entry of this decree by the Court, Defendants shall adopt, implement, and distribute a formal, written anti-discrimination policy, which shall include but not be limited to the following: an explanation of the requirements of the federal equal employment opportunity laws, including Title VII and its prohibition against sexual harassment and retaliation; procedures for reporting discrimination; and a procedure for the thorough and immediate investigation of employee complaints of discrimination. Defendants shall distribute to each current employee a copy of the policy within the aforementioned 90 day time period. Within one hundred (100) days of the entry of this decree, Defendants shall report compliance to the Commission. During the term of this Decree, Defendants shall distribute the policy to all new employees and review it with them at the time of hire. The revised policy shall also be translated into Spanish by a court certified Spanish language interpreter. For current and new employees whose primary language is Spanish, Defendant shall distribute the written policy in Spanish.
11. During the term ofthis decree, Defendants shall post a copy of the policy
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described in paragraph 10, supra, in all of their facilities in a place where it is visible to employees. The policy shall be posted in both English and Spanish. If the policy becomes defaced or unreadable, Defendants shall replace it by posting another copy of the policy. Within ninety five (95) days after the Consent Decree is entered, Defendants will post the policy and notify the EEOC that it has been posted.
12. During the term ofthis Decree, Defendants shall provide an annual training program to all of its owners, managers, supervisors and employees. Each training program shall include an explanation of the requirements of Title Vll ofthe Civil Rights Act of 1964, and its prohibition against sexual harassment and retaliation in the workplace. Each training program shall also include an explanation of Defendants' policy referenced in paragraph 10 above, and an explanation of the rights and responsibilities of employees and managers under the policy. A court certified Spanish language interpreter shall be present at each training program and will translate the training program into Spanish.
The first training program shall be completed within one hundred (l00) days after entry of the decree by the Court. Each subsequent training program shall be conducted at approximately one-year intervals. At least fifteen (15) days prior to each program, Defendant shall provide the Commission with an agenda for the training program. Within ten (l0) days after completion of each training program, Defendants shall certify to the Commission the specific training which was undertaken and shall provide the Commission with a roster of all employees in attendance.
13. Beginning within thirty (30) days after the entry of this Decree by the Court, and continuing throughout the term of this Decree, Defendants shall conspicuously post the attached Employee Notice, marked Exhibit D, hereby made a part of this Decree, in a place where it is
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visible to employees at its facilities. Defendants shall also have the Employee Notice, marked
as Exhibit D, translated into Spanish by a court certified interpreter and posted pursuant to the
terms of this paragraph. If the Notice becomes defaced or unreadable, Defendants shall replace
it by posting another copy of the Notice. Within forty-five (45) days after entry of this Decree,
Defendants shall notifY the Commission that the Notice has been posted pursuant to this
provision.
14. During the term of this Consent Decree, Defendants shall provide the
Commission with reports at six (6) month intervals, with the first being due four (4) months after
approval by the Court of this Decree. The reports will include the following information:
A. A description of:
(1) all incidents of sexual harassment;
(2) any reports made pursuant to the policy described in paragraph 10 above;
(3) any activity prohibited by the policy described in paragraph 10 above, regardless of whether the incidents were reported pursuant to the policy; and
(4) any reports or complaints of sexual touching, comments, or conduct.
B. For each incident described in 14.A above:
(1) the name, address, telephone number, position, and social security number of all individuals involved in the incident; and
(2) a full explanation of what action Defendants took in response to the incident.
C. The identities of all individuals who have opposed any practice made unlawful under Title VII of the Civil Rights Act of 1964, or who have filed a charge, given testimony or assistance, or participated in any investigation, proceeding or hearing under the foregoing statute, including by way of identification each person's name, address, telephone number, position, and social security number.
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D. For each individual identified in 14.C. above: a full explanation of whether the individual's employment status has changed in any respect (for example, including but not limited to, termination, transfer, demotion, promotion, reduction in hours or wage rate, or to part-time from full-time).
E. For each individual whose employment status has changed as identified in 14.0 above, a detailed statement explaining why the individual's employment status has changed.
In the event there is no activity to report pursuant to this paragraph, Defendants shall send EEOC a "negative" report indicating no activity.
15. The Commission may review compliance with this Decree. As part of such review, the Commission may inspect Defendants' facilities, interview employees and examine and copy documents.
16. If anytime during the term of this Decree, the Commission believes that Defendants are in violation of the Decree, the Commission shall give notice of the alleged violation to Defendants. Defendants shall have ten (l0) days in which to investigate and respond to the allegations. Thereafter, the parties shall then have a period of ten (l0) days or such additional period as may be agreed upon by them, in which to engage in negotiation regarding such allegations before the Commission exercises any remedy provided by law.
17. The term of this Decree shall be for five (5) years. 18. All reports or other documents sent to the Commission by Defendants pursuant to this Decree shall be sent to: Lynette A. Barnes, Regional Attorney, Equal Employment Opportunity Commission, 129 W. Trade Street, Suite 400, Charlotte N.C., 28202. 19. Each party shall bear its own costs and attorney's fees. 20. This Court shall retain jurisdiction of this cause for purposes of monitoring compliance with this Decree and entry of such further orders as may be necessary or appropriate.
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Judg , U.S. District Court E. Dist ict of North Carolina
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The parties jointly request that the Court approve and enter the Consent Decree:
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Plaintiff
RONALD S. COOPER General Counsel
JAMES L. LEE Deputy General Counsel
GWENDOLYN YOUNG REAMS Associate General Counsel
lsi Lynette A. Barnes LYNETTE A. BARNES (N.c. Bar No. 19732) Regional Attorney EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 129 W. Trade Street, Suite 400 Charlotte, NC 28202 Tel. (704) 344-6878 Fax. (704) 344-6780 L vnette.Barnes«(lieeoc.gov
lsi Tracy Hudson Spicer TRACY HUDSON SPICER (MD Bar No. 08671) Supervisory Trial Attorney EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 1801 L Street, N.W., Suite 100 Washington, DC 20507-1002 Telephone: (202) 419-0711 Facsimile: (202) 419-0701 E-mail: "Tracy.Spicer(il),eeoc.goY
lsi Kerith Cohen KERITH COHEN (Virginia Bar No. 39069) Senior Trial Attorney EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Raleigh Area Office 1309 Annapolis Drive
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Raleigh, NC 27608 Telephone: 919.856.4148 Facsimile: 919.856.4156 Kerith.Cohen(cl)eeoc.gov
MEXICAN EXPRESS AMIGOS, INC., Defendant /s/ Curtis L. Bentz Curtis L. Bentz (NC Bar No. 19733) BATILE WINSLOW SCOTT & WILEY, P.A. Attorneys for Defendant PO Box 7100 Rocky Mount, NC 27804-0100 Telephone: (252) 937-2200 Facsimile 252-335-4223 Email cbentz(q)bwsw.com
MEXICAN EPRESS CAROLINA, INC., Defendant /s/ Curtis L. Bentz Curtis L. Bentz (NC Bar No. 19733) BATILE WINSLOW SCOTT & WILEY, P.A. Attorneys for Defendants PO Box 7100 Rocky Mount, NC 27804-0100 Telephone: (252) 937-2200 Facsimile 252-335-4223 Email cbentz(ii).bwsw.com
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[Defendant's letterhead] [Date]

TO WHOM IT MAY CONCERN:

We are pleased to provide the following reference on behalf of our former employee, Kira Flint.

Ms. Flint was employed by Mexican Express Amigos, Inc., d/b/a Mamasita's Restaurant from

February 15,2005 through August 8, 2005. During her tenure with us, Ms. Flint held the

position of bartender. Her ending salary was

_

Ms. Flint was an honest and reliable employee who possesses excellent skills. Indeed, we valued her services to our company.

We hope that this information about Ms. Flint is helpful to you in considering her for employment.

Sincerely,

Jose Morales, President Mexican Express Amigos, Inc. d/b/a Mamasita's Restaurant

Exhibit A 11


Defendant's letterhead] [Date]

TO WHOM IT MAY CONCERN:

We are pleased to provide the following reference on behalf of our former employee, Virginia Vaughn.

Ms. Vaughn was employed by Mexican Express Amigosn, Inc., d/b/a Mamasita's Restaurant

from February 16,2005 through March 14,2005. During her tenure with us, Ms. Flint held the

position of server. Her ending salary was

_

Ms. Vaughn was an honest and reliable employee who possesses excellent skills. Indeed, we valued her services to our company.

We hope that this information about Ms. Vaughn is helpful to you in considering her for employment.

Sincerely,

Jose Morales, President Mexican Express Amigos, Inc. d/b/a Mamasita's Restaurant

Exhibit B 12


[Defendant's letterhead] [Date]

TO WHOM IT MAY CONCERN:

We are pleased to provide the following reference on behalf of our former employee, Roseanna Brothers.

Ms. Brothers was employed by Mexican Express Carolina, Inc., d/b/a Mamasita's Restaurant

during June and July, 2005. During her tenure with us, Ms. Brothers held the position of server.

Her ending salary was

_

Ms. Brothers was an honest and reliable employee who possesses excellent skills. Indeed, we valued her services to our company.

We hope that this information about Ms. Brothers is helpful to you in considering her for employment.

Sincerely,

Jose Morales, President Mexican Express Carolina, Inc. d/b/a Mamasita's Restaurant

Exhibit C 13

IN THE UNITED STATES DISTRICT COURT
 FOR THE EASTERN DISTRICT OF NORTH CAROLINA

NORTHERN DIVISION


EQUAL EMPLOYMENT OPPORTUN ITY COMMISSION,
Plaintiff,
v.
MEXICAN EXPRESS AM IGOS, INC., and MEXICAN EXPRESS CAROLINA, INC. d/b/a MAMASITA'S RESTAURANT,
Defendants.

)

)

)

)

Civil Action No.: 2:06-CV-33

)

)

NOTICE

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)

)

This Notice is posted pursuant to a Consent Decree between the U.S. Equal Employment Opportunity Commission and Mexican Express Amigos, Inc., and Mexican Express Carolina, Inc., d/b/a Mamasita's Restaurant ("Mamasita's"), in a case of sexual harassment and retaliation. Specifically, the EEOC alleged that Mamasita's subjected Kira Flint, Virginia Vaughn, and a class of similarly situated women including Roseanna Brothers to a sexually hostile work environment and constructively discharged some ofthe aggrieved individuals due to their sex, female. The Complaint further alleges that Defendants retaliated against Kira Flint by reducing her work hours because she opposed the sexual harassment which resulted in her constructive discharge. As part of the settlement, Mamasita's agreed to pay money damages to Ms. Flint, Ms. Vaughn, and Ms. Brothers and take other action set out in a Consent Decree resolving the matter.

Federal law requires that employers not discriminate against any employee or applicant for employment because ofthe individual's race, color, religion, sex, national origin, age (40 or older) or disability. Title VII of the Civil Rights Act of 1964 specifically prohibits discrimination on the basis of disability. Mamasita's will comply with such federal law in all respects. Furthermore, Mamasita's will not take any actions against employees because they have exercised their rights, reported an alleged violation under the law or given testimony, assistance or participation in any investigation, proceeding or hearing conducted by the U. S. Equal Employment Opportunity Commission.

An employee has the right, and is encouraged to exercise that right, to report allegations of employment discrimination in the workplace. An employee may contact their local U. S. Equal Employment Opportunity Commission field office for the purpose of filing a charge of employment discrimination. To locate the nearest field office, contact:

Equal Employment Opportunity Commission
 1801 L Street, N.W.

Washington, DC 20507
 TEL: 1-800-669-4000
 TTY: 1-800-669-6820


DO NOT REMOVE THIS NOTICE UNTIL:

,2013

Exhibit D

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CLOSED, Jury Trial, USMJ_Daniel
U.S. District Court EASTERN DISTRICT OF NORTH CAROLINA (Northern Division)
CIVIL DOCKET FOR CASE #: 2:06-cv-00033-D

Equal Employment Opportunity Commission v. Mexican Express Date Filed: 09/27/2006

Amigos, Inc. et al

Date Terminated: 01/08/2008

Assigned to: Judge James C. Dever, III

Jury Demand: Both

Cause: 42:2003 Job Discrimination

Nature of Suit: 442 Civil Rights: Jobs

Jurisdiction: Federal Question

Plaintiff
Equal Employment Opportunity Commission

represented by Kerith Cohen Equal Employment Opportunity Commission 200 Granby Street Suite 739 Norfolk, VA 23510 757-441-3505 Email: kerith.cohen@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Lynette A. Barnes EEOC/ Charlotte District Officed 129 West Trade St. Suite 400 Charlotte, NC 28202-5306 704-344-6878 Fax: 704-344-6780 Email: lynette.barnes@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

V.
Defendant
Mexican Express Amigos, Inc. doing business as Mamasita's Restaurant

represented by A. Scott McKellar Battle Winslow Scott & Wiley, PA P. O. Box 7100 Rocky Mount, NC 27804-0100 252-937-2200 Fax: 252-451-6836 Email: smckellar@bwsw.com

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Defendant
Mexican Express Carolina, Inc. doing business as Mamasita's Restaurant

LEAD ATTORNEY ATTORNEY TO BE NOTICED
Curtis L. Bentz Battle, Winslow, Scott & Wiley, PA P. O. Box 7100 Rocky Mount, NC 27804 252-937-2200 Fax: 252-937-8100 Email: cbentz@bwsw.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by A. Scott McKellar (See above for address) LEAD ATTORNEY
Curtis L. Bentz (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed 09/27/2006 09/29/2006
10/27/2006 12/04/2006 12/04/2006 12/04/2006

# Docket Text
1 COMPLAINT service by request for waiver pursuant to Rule 4(d) against all defendants, filed by Equal Employment Opportunity Commission. (Attachments: # 1 Civil Cover Sheet)(Cohen, Kerith) (Entered: 09/27/2006)
NOTICE to counsel: no proposed summons were attached to the complaint entry for the Clerk to issue. They may be -efiled under notices, other, proposed summons. Upon receipt, clerk will issue. (Deputy Clerk - SDF) (Entered: 09/29/2006)
2 WAIVER OF SERVICE Returned Executed by Equal Employment Opportunity Commission. Mexican Express Carolina, Inc. waiver sent on 10/5/2006, answer due 12/4/2006. (Cohen, Kerith) (Entered: 10/27/2006)
3 WAIVER OF SERVICE Returned Executed by Mexican Express Amigos, Inc.. Mexican Express Amigos, Inc. waiver sent on 10/5/2006, answer due 12/4/2006. (McKellar, A.) (Entered: 12/04/2006)
4 MOTION for Extension of Time to File Answer re 1 Complaint by Mexican Express Amigos, Inc., Mexican Express Carolina, Inc.. (McKellar, A.) (Entered: 12/04/2006)
5 Proposed Order re 4 MOTION for Extension of Time to File Answer re 1 Complaint filed by Mexican Express Amigos, Inc., Mexican Express Carolina, Inc.. (McKellar, A.) (Entered: 12/04/2006)

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12/05/2006 12/06/2006
01/03/2007 01/03/2007 01/03/2007 02/09/2007 02/26/2007
05/30/2007 10/09/2007 10/10/2007 10/10/2007
01/07/2008 01/08/2008 01/08/2008

MOTIONS 4 MOTION for Extension of Time to File Answer re 1 Complaint REFERRED to Clerk. (Deputy Clerk - SDF) (Entered: 12/05/2006)
6 ORDER granting 4 Motion for Extension of Time to Answer. Mexican Express Amigos, Inc. answer due 1/3/2007; Mexican Express Carolina, Inc. answer due 1/3/2007. . Signed by Michael Brooks, Acting Clerk of Court on 12/6/2006.- cys served (Deputy Clerk - SDF) (Entered: 12/06/2006)
7 ANSWER to Complaint with Jury Demand by Mexican Express Amigos, Inc., Mexican Express Carolina, Inc..(Bentz, Curtis) (Entered: 01/03/2007)
8 REQUEST FOR DISCOVERY PLAN sent to all parties(Deputy Clerk - SDF, ) (Entered: 01/03/2007)
Set Deadlines: Discovery Plan due by 2/17/2007. (Deputy Clerk - SDF, ) (Entered: 01/03/2007)
9 REPORT of Rule 26(f) Planning Meeting by Equal Employment Opportunity Commission.(Cohen, Kerith) (Entered: 02/09/2007)
10 SCHEDULING ORDER: Reports from retained experts due by 7/31/2007, and from rebuttal experts by 8/31/2007; All Discovery completed by 10/31/2007; All potentially dispositive motions shall be filed by 11/30/2007. The matter will be set for trial by separate order. Signed by Judge James C. Dever III. Signed by Judge James C. Dever III on 2/26/2007. -cys served (Deputy Clerk - SDF, ) (Entered: 02/26/2007)
11 AMENDED ANSWER to Complaint by Mexican Express Amigos, Inc., Mexican Express Carolina, Inc.. (McKellar, A.) (Entered: 05/30/2007)
12 Joint MOTION for Extension of Time to Complete Discovery by Equal Employment Opportunity Commission. (Attachments: # 1 Text of Proposed Order) (Cohen, Kerith) (Entered: 10/09/2007)
Motion Submitted: 12 Joint MOTION for Extension of Time to Complete Discovery SUBMITTED to Chambers. Courtesy copies provided. (Deputy Clerk - JRH) (Entered: 10/10/2007)
13 ORDER granting 12 Joint Motion for Extension of Time. It is ORDERED that all discovery will be concluded by December 31, 2007, and all potentially dispositive motions will be filed by January 30, 2008. Signed by Judge James C. Dever III on 10/10/2007. (Deputy Clerk - JRH) (Entered: 10/10/2007)
14 Consent MOTION Entry of Consent Decree by Equal Employment Opportunity Commission. (Attachments: # 1 Consent Decree) (Cohen, Kerith) (Entered: 01/07/2008)
Motion Submitted: 14 MOTION for Entry of Consent Decree SUBMITTED to Chambers. Courtesy copies provided. (Deputy Clerk - JRH ) (Entered: 01/08/2008)
15 CONSENT DECREE: With the consent of the parties, this Decree resolves all matters in controversy between the parties as provided in paragraphs 1 through 20 of the document. Signed by Judge James C. Dever III on 1/8/2008. (Deputy Clerk - JRH ) (Entered: 01/08/2008)

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