Arkansas Department of Corrections, Section 706 Complaint

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF ARKANSAS PINE BLUFF DIVISION
UNITED STATES OF AMERICA, Plaintiff,
v.
ARKANSAS DEPARTMENT OF CORRECTION, an Agency of the State of Arkansas, Defendant.
__________________________________________
COMPLAINT
Plaintiff, United States of America, alleges:
1. This action is brought on behalf of the United States to enforce the provisions of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. Section 2000e, et seq. ("Title VII").
2. This Court has jurisdiction over the action under 42 U.S.C. Section 2000e-5(f) and 28 U.S.C. Section 1345.
3. Defendant Arkansas Department of Correction ("ADC") is an agency of the State of Arkansas.
4. Defendant is a person within the meaning of 42 U.S.C. Section 2000e(a), and an employer and/or agent of an employer within the meaning of 42 U.S.C. Section 2000e(b).
5. Defendant has discriminated against Linda S. Finley, a Seventh-day Adventist who applied for a position as a correctional officer with the ADC, on the basis of her religion in violation of Section 703 (a) of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. Section 2000e-2(a), among other ways, by:
a. failing or refusing to hire Linda S. Finley; and
b. failing or refusing to take appropriate action to remedy the effects of the discriminatory treatment of Linda S. Finley.
6. Defendant has discriminated against Vickie R. Finley, a Seventh-day Adventist who worked as a correctional officer for the ADC, on the basis of her religion in violation of Section 703(a) of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. Section 2000e-2(a), among other ways, by:
a. terminating Vickie R. Finley; and
b. failing or refusing to take appropriate action to remedy the effects of the discriminatory treatment of Vickie R. Finley.
7. The Equal Employment Opportunity Commission ("EEOC") received a timely charge filed by Linda

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S. Finley (Charge No. 251980161) in which she alleged that she had been discriminated against on the basis of religion by defendant's failure to hire her as a correctional officer. Pursuant to Section 706 of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. Section 2000e-5, the EEOC investigated the charge, found reasonable cause to believe that the allegations of discrimination were true, attempted unsuccessfully to achieve through conciliation a voluntary resolution of these matters, and subsequently referred the charge to the U.S. Department of Justice.
8. The EEOC received a timely charge filed by Vickie R. Finley (Charge No. 251980160) in which she alleged that she had been discriminated against on the basis of religion by defendant's termination of her employment as a correctional officer. Pursuant to Section 706 of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. Section 2000e-5, the EEOC investigated the charge, found reasonable cause to believe that the allegations of discrimination were true, attempted unsuccessfully to achieve through conciliation a voluntary resolution of these matters, and subsequently referred the charge to the U.S. Department of Justice.
9. All conditions precedent to the filing of suit have been performed or have occurred.
WHEREFORE, plaintiff United States prays that this Court grant the following relief:
a. Enjoin the defendant from failing and refusing to:
i. provide sufficient remedial relief to the charging parties, Linda S. Finley and Vickie R. Finley, to make them whole for the losses they have suffered as the result of the discrimination against them as alleged in the complaint; and
ii. take other appropriate nondiscriminatory measures to overcome the effects of the discrimination; and
b. Award compensatory damages to Linda S. Finley and Vickie R. Finley as would fully compensate them for injuries caused them by the defendant's discriminatory conduct, pursuant to and within the statutory limitations of Section 102 of the Civil Rights Act of 1991, 42 U.S.C. Section 1981a.
The plaintiff prays for such additional relief as justice may require, together with its costs and disbursements in this action.
JANET RENO
Attorney General
By:
_________________________________ BILL LANN LEE Assistant Attorney General Civil Rights Division U.S. Department of Justice
PAULA J. CASEY United States Attorney Eastern District of Arkansas

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Arkansas Department of Corrections, Section 706 Complaint
_________________________________ WILLIAM B. FENTON CHARLOTTE BURROWS Attorneys Civil Rights Division U.S. Department of Justice P.O. Box 65968 Washington, D.C. 20035-5968

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IN THE UNITED STATES DISTRICT COURT FOR THE
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
UNITED STATES OF AMERICA,
Plaintiff,
v.
ARKANSAS DEPARTMENT OF CORRECTION,
an Agency of the State of Arkansas,
Defendant.
Civil Action No.
SETTLEMENT AGREEMENT
This action was brought by the United States against the Arkansas Department of Correction ("ADC") to enforce the provisions of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e, et seq. ("Title VII"), following receipt by the Department of Justice from the Equal Employment Opportunity Commission ("EEOC") of charges filed by Vickie R. Finley and Linda S. Finley.
The United States alleges that the ADC discriminated against Linda S. Finley, a Seventh-day Adventist who applied for a correctional officer position with the ADC, on the basis of her religion in violation of Section 703(a) of Title VII, 42 U.S.C. § 2000e-2(a), among other ways, by: (1) failing or refusing to hire
Linda S. Finley; and (2) failing or refusing to take appropriate action to remedy the effects of the discrimination against Linda S. Finley.
The United States alleges that the ADC discriminated against Vickie R. Finley, a Seventh-day Adventist who worked as a correctional officer for the ADC, on the basis of her religion in violation of Section 703(a) of Title VII, 42 U.S.C. § 2000e-2(a), among other ways, by: (1) terminating Vickie R. Finley; and (2) failing or refusing to take appropriate action to remedy the effects of the discriminatory treatment of Vickie R. Finley.
The ADC denies that it has discriminated against either Linda S. Finley or Vickie R. Finley in violation of Title VII. Nevertheless, the parties desire that this action be settled by this Settlement Agreement and
without the burden of protracted litigation.
This Agreement, being entered with the consent of the parties, shall in no way constitute an adjudication or finding on the merits of the case, nor be construed as an admission by the ADC or a finding of any wrongdoing or violation of any applicable federal or state law or regulation.
This Agreement shall become final as to all signatories upon favorable review by the Arkansas Department of Finance and Administration and by the Arkansas Legislative Council if this Agreement is
referred to that body pursuant to Arkansas Code Annotated Section 19-4-1614. The United States will

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tender this Settlement Agreement to the Court, together with the United States' and ADC's Joint Motion for Entry of Settlement Agreement, a copy of which is attached hereto as Appendix C, simultaneously with the filing of the complaint in this case, provided that the Agreement becomes final on or before October 23, 2000. If this Agreement does not become final as to all signatories by October 23, 2000, nothing in this Agreement will prevent the United States from filing the complaint in this case before the Agreement is tendered to the Court. If the United States files a complaint in this case prior to the time that this Agreement becomes final as to all signatories, the Agreement will automatically become null
and void.
As used in this Agreement, the term "execution" is defined as the date this Agreement is approved by the Court.
It is therefore, ORDERED, ADJUDGED AND DECREED as follows:
A. GENERAL RELIEF
1. The ADC, by and through its officials, agents, employees and all persons in active concert or participation with the ADC in the performance of employment or personnel functions shall not engage
in any act or practice that has the purpose or effect of unlawfully discriminating against any ADC employee or job applicant because of that individual's religious observances, practices and/or beliefs.
2. The ADC, by and through its officials, agents, employees and all persons in active concert or participation with the ADC shall not retaliate against or in any respect adversely affect Linda S. Finley, Vickie R. Finley or any other person because that person has opposed allegedly discriminatory policies or practices, has filed a charge with the EEOC, or because of that person's participation in or cooperation
with the initiation, investigation, litigation or administration of this case, the charges at issue in this Agreement or this Agreement.
3. The ADC shall implement and use non-discriminatory employment policies designed reasonably to accommodate the religious observances, practices and/or beliefs of ADC employees and job applicants.
Such policies shall include the following provisions:
(a) Seventh-day Adventist employees and job applicants shall have the opportunity to pursue a voluntary "shift swap" with a co-worker in order to observe their Sabbath, and the ADC shall notify Seventh-day Adventist employees and job applicants of this opportunity. Because of scheduling constraints, the ADC
is not required to permit an employee or applicant who holds or applies for a correctional officer position on the neutral rotating shift system to engage in more than one shift swap at any given time.
(b) If a Seventh-day Adventist informs the ADC that he or she does not wish to work during his or her Sabbath, the ADC Unit Personnel Office or, in the case of a Seventh-day Adventist applicant, an ADC
hiring official, shall provide the Seventh-day Adventist with a pre-printed form that shall be an application for a shift swap. The Seventh-day Adventist will be required to complete the form and submit it to the ADC Human Resources Office in Pine Bluff for dissemination to the Correctional Unit Personnel and Training Officer at each unit for posting on that unit's bulletin board and on ADC's internet site used for posting personnel notices to employees, and that office of the ADC will ensure that the form is properly disseminated. The ADC will notify the Seventh-day Adventist that he or she will be required to work on his or her Sabbath if a voluntary shift swap or voluntary transfer cannot be arranged, and if the Seventh-day Adventist has not been selected for a position that does not require work on his or her Sabbath. A Seventh-day Adventist job applicant will have the option: (1) to start work immediately under these conditions, or (2) to not be enrolled in training academy or placed on the payroll until such

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time that a voluntary swap can be arranged, or he or she is selected for a position that does not require work on the Sabbath.
(c) The ADC may inform Seventh-day Adventist employees and job applicants that while they will have the opportunity to seek voluntary shift swaps with co-workers, the ADC cannot guarantee that there will
be co-workers willing to engage in such arrangements, or that there will not be emergencies that may include escapes, riots, or staff shortages during which the Seventh-day Adventist will be required to
work on his or her Sabbath.
(d) The ADC also will provide the Seventh-day Adventist with a list of both security and non-security ADC jobs for which he or she may qualify that do not require Saturday work, and will notify the
Seventh-day Adventist of the sources to which he or she can refer to learn which of these positions are vacant.
4. Shift swapping will be limited to situations in which both parties to the swap perform like duties and have substantially similar duties and qualifications. If an inter-unit transfer is necessary in order to
facilitate the swap, the ADC's lateral transfer procedure will apply, including the provision that both the Warden losing an employee and the Warden receiving an employee must approve the transfer, except
that the limitation on transfer during the employee's initial (i.e., "new hire") one-year probationary period would be waived in these circumstances. If any Warden refuses to approve an inter-unit transfer that has been requested as a religious accommodation, that Warden shall provide in writing his or her reasons for such refusal, and a copy of this document shall be provided to the individual requesting the
religious accommodation.
5. Once a Seventh-day Adventist and another ADC employee agree to a shift swap, that swap will be continuous and completely regular until one of the parties withdraws from the swap for any reason. Upon a withdrawal of one participant in the swap, the other participant will be placed back on the ADC's neutral shift rotation. Upon the Seventh-day Adventist's request, the ADC will take those steps set forth in A.3(b) of this Agreement in an attempt to effectuate another shift swap, except that the Seventh-day Adventist whose current shift schedule requires work on his or her Sabbath will be required to work on the Sabbath day until another voluntary swap can be arranged, or until the Seventh-day Adventist applies for and receives an ADC position that does not require work on his or her Sabbath. The Seventh-
day Adventist will not be given preferential consideration over other applicants for such position because of his or her religion.
6. Due to scheduling constraints, in those institutions in which employees' work schedules are divided into A, B, C, and D shifts, the ADC may limit the opportunity for employees to swap shifts so that shift
swapping is permitted only between ADC employees on the A and C shifts, as well as between employees on the B and D shifts (e.g., an employee assigned to the A shift need not be permitted to
swap with an employee assigned to the B or D shifts).
7. The ADC shall provide training and/or written guidelines with respect to the provisions in Paragraph A.3. of this Agreement and with respect to Title VII's prohibition against employment discrimination based on religion to all Wardens and Assistant Wardens and to all Correctional Unit Personnel and
Training Officers. The ADC shall submit the written guidelines to the United States for approval pursuant to the provisions of the Consent Decree in Case No. LR-C-95-543 (E.D. Ark.) no later than thirty (30) days after the date this Agreement is entered by the Court. Once the United States notifies the ADC that it has approved the written guidelines, the ADC will provide these guidelines to the Wardens, Assistant Wardens, and Personnel and Training Officers within 60 days of the approval notification. The ADC shall furnish a description of the training and/or written guidelines provided or established by the ADC, as well as certification that such training and/or guidelines have been provided, including the

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names and positions of all employees to whom the training and/or guidelines have been provided, to counsel for the United States within thirty (30) days after such training and/or guidelines have been
provided.
8. Within thirty (30) days after the date of execution of this Agreement, the ADC shall post notices of the settlement of this lawsuit in the form attached hereto as Appendix A. Such notices shall be posted in
prominent and conspicuous locations used for posting notices at the ADC. Such notices shall remain posted for a period of ninety (90) days from the date of execution of this Agreement.
B. SPECIFIC RELIEF
Without admitting the allegations of the United States, and in settlement of the United States' claim for relief on behalf of Linda S. Finley and Vickie R. Finley ("the Finleys"), as well as in settlement of the Finleys' individual claims arising from this case and EEOC Charges Nos. 251-98-0160 and 251-980161, the Finleys, by their signatures to this Agreement and the Releases attached as Appendix B having
signified their acceptance of this relief, the ADC agrees to do the following:
1. The ADC shall pay to Linda S. Finley a monetary award in the amount of $9,000. The ADC shall issue to Linda S. Finley a Form 1099 or other appropriate form reflecting the amount of this monetary award. Linda S. Finley shall have sole responsibility for paying any taxes due on this monetary award,
including applicable federal and state income taxes.
2. The ADC shall pay to Vickie R. Finley a monetary award in the amount of $9,000, which the parties agree represents a reasonable settlement for the claim for back pay for Vickie R. Finley. The back pay portion of the monetary award to Vickie R. Finley shall be subject to withholding for income taxes and
social security taxes ("FICA"), if applicable. The back pay portion of the monetary award does not include the ADC's share of social security ("FICA"), if applicable, which shall be paid separately by the
ADC and shall not be deducted from the monetary award.
3. The ADC shall offer to expunge from its records and files all documents, records or information relating to proposed or actual disciplinary action taken against Vickie R. Finley. In order to accomplish
this objective, the ADC shall submit to the United States, within thirty (30) days from the date of the execution of this Agreement, a copy of the personnel file of Vickie R. Finley and copies of any and all other relevant files and documents pertaining to Ms. Finley. Upon identification by the United States of
the appropriate documents, the ADC shall expunge such documents from its records and files.
4. Each of the Finleys has informed the undersigned counsel for the United States that she does not presently desire a correctional officer position with the ADC. Accordingly, the ADC is not required to offer either of the Finleys job opportunity relief under the Agreement. If, however, either of the Finleys
seeks a correctional officer position with the ADC in the future, the ADC will consider them for employment in such a position in a fair and non-discriminatory manner.
5. The ADC shall pay to each of the Finleys the monetary awards specified in Paragraphs B.1. and B.2. of this Agreement within thirty (30) days of the date of the execution of this Agreement. If, however,
Linda Finley does not provide the ADC with a completed W-9 form (Request for Taxpayer Identification Number and Certification) within thirty (30) days after execution of this Agreement, the ADC shall have thirty (30) days from the date it receives Ms. Finley's completed Form W-9 in which to
pay Linda Finley the $9,000 monetary award specified in Paragraph B.1.
C. RECORD-KEEPING AND REPORTING

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1. The ADC shall retain during the life of this Settlement Agreement records necessary to document the implementation of this Agreement, including records regarding employees' application for a shift swap
for religious reasons, and any reasons for a Warden's decision not to permit an employee's lateral transfer when such transfer is requested as a religious accommodation. The ADC shall furnish records and documents relevant to its compliance with the implementation of this Agreement to counsel for the
Department of Justice within thirty (30) days of any written request to the ADC's attorney.
2. The ADC shall retain all records that come into its possession relating to complaints or charges of employment discrimination based on religion filed against the ADC or its employees, agents or
representatives: (a) through the ADC's internal grievance procedure; (b) with the EEOC or (c) through or with any other federal, state or local agency authorized to receive such complaints or charges. The ADC shall provide copies of such complaints or charges to counsel for the United States within ten (10) days of its receipt of such complaints or charges. In addition, the United States shall have the right to inspect and copy all documents related to such complaints or charges upon reasonable notice to the ADC
without further order of this Court.
D. DISPUTE RESOLUTION
The parties shall attempt to resolve informally any dispute that may occur under this Settlement Agreement. The parties shall engage in good faith efforts to resolve the issue before seeking action by the Court. If the parties are unable expeditiously to resolve the issue, either party may move the Court
for resolution, provided that written notice is first provided to the other party.
E. JURISDICTION OF THE COURT
1. During the life of this Agreement, the parties agree that the United States District Court for the Eastern District of Arkansas shall have jurisdiction over this Agreement for the purposes of enforcing its provisions, resolving any disputes that may arise between the parties under it, and entering such orders
as may be appropriate.
2. This Agreement shall terminate eighteen (18) months from the date of its entry. Prior to its termination either the United States or the ADC may move the Court, for good cause shown, to extend
the duration of the Agreement.
3. Each party shall bear its own costs and expenses, including attorney's fees.
DONE AND ORDERED this ________ day of____________________, 2000.
______________________________
UNITED STATES DISTRICT JUDGE
Agreed and Consented to:
On behalf of Plaintiff UNITED STATES OF AMERICA:
BILL LANN LEE Assistant Attorney General
Civil Rights Division U.S. Department of Justice

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PAULA J. CASEY United States Attorney Eastern District of Arkansas
______________________________ WILLIAM B. FENTON
CHARLOTTE BURROWS Attorneys
U.S. Department of Justice Civil Rights Division
Employment Litigation Section P.O. Box 65968
Washington, D.C. 20035-5968 (202) 514-3862
For the Charging Parties:
______________________________________ VICKIE R. FINLEY, Charging Party
______________________________________ LINDA S. FINLEY, Charging Party
On behalf of Defendant
ARKANSAS DEPARTMENT OF CORRECTION: ______________________________
LORI L. FRENO Assistant Attorney General
Civil Division State of Arkansas 200 Tower Building 323 Center Street Little Rock, Arkansas 72201 (501) 682-1314
APPENDIX A
NOTICE OF SETTLEMENT OF EMPLOYMENT DISCRIMINATION LAWSUIT
This notice is being posted as part of the remedy agreed to pursuant to a Settlement Agreement between the Arkansas Department of Correction ("ADC") and the United States Department of Justice in a suit filed under Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e, et seq. ("Title VII"), alleging that the ADC discriminated against a former ADC employee and an ADC job applicant on the basis of their religion. The ADC has denied the allegations of discrimination. The Settlement Agreement has been approved by the United States District Court for the Eastern District of Arkansas.
Federal law requires that there be no discrimination against any employee or applicant for employment because of the individual's religion with respect to hiring, firing, promotion, compensation, or other

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terms, conditions, or privileges of employment. The ADC supports and will comply with such federal law in all aspects and will not take any action against employees because they have filed discrimination charges, complained about discrimination, or participated in the investigation of a charge of discrimination.
Under the terms of the Settlement Agreement, among other things, the ADC has agreed to do the following:
1. Not to engage in any act or practice that has the purpose or effect of unlawfully discriminating against any employee or potential employee with the ADC because of that individual's religion including, but not limited to, failing or refusing reasonably to accommodate an employee's religious observance, practice and/or belief.
2. Not to retaliate against or in any respect adversely affect any person because that person has opposed alleged discriminatory policies or practices or because of that person's participation in or cooperation with the initiation, investigation, litigation or administration of this action or this Agreement.
3. To implement and use nondiscriminatory employment policies designed reasonably to accommodate the religious observances, practices and beliefs of ADC employees and job applicants.
4. To provide training and/or written guidelines with respect to Title VII's prohibition against employment discrimination based on religion to ADC supervisory employees.
5. To retain all records that come into its possession relating to complaints or charges of employment discrimination based on religion that may be filed against the ADC or its employees, agents or representatives: (a) through the ADC's internal grievance procedure; (b) with the U.S. Equal Employment Opportunity Commission ("EEOC"); or (c) through or with any other federal, state or local agency authorized to receive such complaints.
If any ADC employee or job applicant believes that he or she has been discriminated against in violation of Title VII, the employee may contact the EEOC to find out whether he or she is eligible to file a charge of discrimination. The EEOC's address is:
Equal Employment Opportunity Commission Little Rock Area Office 320 West Capitol Avenue, Suite 621 Little Rock, Arkansas 72201 (501) 324-5060.
To be timely, a charge of discrimination under Title VII must be filed within a certain period after the alleged act of discrimination occurred.
If any employee believes that any term(s) of the Settlement Agreement has (have) been violated, the employee should contact the following Department of Justice attorney:
Charlotte Burrows U.S. Department of Justice Civil Rights Division Employment Litigation Section P.O. Box 65968

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Washington, D.C. 20035-5968 (202) 514-3862.
APPENDIX B
RELEASE
United States v. Arkansas Department of Correction
For and in consideration of the acceptance of the relief to be given to me by the Arkansas Department of Correction pursuant to the provisions of the Settlement Agreement in United States v. Arkansas
Department of Correction (E.D. Ark.), Civ. No. _______ i.e., the monetary amount of $9,000, and expungement from the Arkansas Department of Correction's records all information relating to proposed
or actual disciplinary action taken against me, which by my signature I have agreed to, I, Vickie R. Finley, hereby release and forever discharge the Arkansas Department of Correction, its current and
future officials, employees and agents, of and from all legal and equitable claims of employment discrimination based on religion arising out of that action and EEOC Charges Nos. 251-98-0160 and
251-98-0161, which have accrued prior to the date of this release.
I further agree that I will not institute a civil action or seek to intervene against the Defendant in the above-referenced action or in any civil action alleging employment discrimination on the basis of EEOC
Charges Nos. 251-98-0160 and 251-98-0161 or any of the facts alleged therein.
I understand the $9,000 award may be subject to withholding for income taxes and social security taxes ("FICA"), and that the relief granted to me in consideration for this Release does not constitute an
admission by the Arkansas Department of Correction of the validity of any claim raised by me or on my behalf.
This Release and the Settlement Agreement referred to above constitute the entire agreement between the Arkansas Department of Correction and me, without exception or exclusion. I acknowledge that a
copy of the Settlement Agreement in this action has been made available to me.
I HAVE READ THIS RELEASE AND UNDERSTAND THE CONTENTS THEREOF, AND I EXECUTE THIS RELEASE OF MY OWN FREE ACT AND DEED.
Date: _________________ __________________________________
Vickie R. Finley
Subscribed and sworn to before me this ___ day of ________, 2000.
_________________________________ Notary Public
My commission expires: _________
RELEASE
United States v. Arkansas Department of Correction
For and in consideration of the acceptance of the relief to be given to me by the Arkansas Department of

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Correction pursuant to the provisions of the Settlement Agreement in United States v. Arkansas Department of Correction (E.D. Ark.), Civ. No._________, i.e., a monetary award in the amount of $9,000, which by my signature I have agreed to, I, Linda S. Finley, hereby release and forever discharge the Arkansas Department of Correction, its current and future officials, employees and agents, of and from all legal and equitable claims of employment discrimination based on religion arising out of that action and EEOC Charges Nos. 251-98-0160 and 251-98-0161, which have accrued prior to the date of this release.
I further agree that I will not institute a civil action or seek to intervene against the Defendant in the above-referenced action or in any civil action alleging employment discrimination on the basis of EEOC Charges Nos. 251-98-0160 and 251-98-0161 or any of the facts alleged therein.
I understand that the relief granted to me in consideration for this Release does not constitute an admission by the Arkansas Department of Correction of the validity of any claim raised by me or on my behalf.
This Release and the Settlement Agreement referred to above constitute the entire agreement between the Arkansas Department of Correction and me, without exception or exclusion.
I acknowledge that a copy of the Settlement Agreement in this action has been made available to me.
I HAVE READ THIS RELEASE AND UNDERSTAND THE CONTENTS THEREOF, AND I EXECUTE THIS RELEASE OF MY OWN FREE ACT AND DEED.
Date: _________________ __________________________________
Linda S. Finley
Subscribed and sworn to before me this ___ day of ________, 2000.
_________________________________
Notary Public
My commission expires: _________
APPENDIX C
IN THE UNITED STATES DISTRICT COURT FOR THE
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
UNITED STATES OF AMERICA,
Plaintiff,
Civil Action No.

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v.
ARKANSAS DEPARTMENT OF CORRECTION,
an Agency of the State of Arkansas,
Defendant.
JOINT MOTION FOR ENTRY OF SETTLEMENT AGREEMENT
Plaintiff United States and Defendant Arkansas Department of Correction ("the ADC") jointly move the Court to approve and enter the attached Settlement Agreement between the ADC and the United States and to administratively close the present case. The attached proposed Settlement Agreement, if approved and entered by the Court, will resolve all issues raised in the United States' complaint.
This action was brought on behalf of the United States against the ADC to enforce the provisions of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e, et seq., as amended ("Title VII"), following receipt by the Department of Justice from the Equal Employment Opportunity Commission of charges filed by Vickie R. Finley (Charge Number 251-98-0160) and Linda S. Finley (Charge Number 251-98-0161) alleging that the ADC had discriminated against them in employment on the basis of their religion.
If the proposed Settlement Agreement is approved and entered by the Court, the Court will retain jurisdiction over this case for a period of eighteen (18) months from the date the Settlement Agreement is entered, but will close this case for administrative purposes. As required in the Settlement Agreement, the parties will attempt in good faith to resolve between themselves any dispute that may occur under the Agreement before moving the Court for resolution.
AGREED AND CONSENTED TO:
On behalf of Plaintiff UNITED STATES OF AMERICA: BILL LANN LEE Assistant Attorney General Civil Rights Division U.S. Department of Justice
PAULA J. CASEY United States Attorney Eastern District of Arkansas
______________________________ WILLIAM B. FENTON CHARLOTTE BURROWS Attorneys U.S. Department of Justice Civil Rights Division Employment Litigation Section P.O. Box 65968 Washington, D.C. 20035-5968

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(202) 514-3862
On behalf of Defendant
ARKANSAS DEPARTMENT OF CORRECTION: ______________________________ LORI L. FRENO Assistant Attorney General Civil Division State of Arkansas 200 Tower Building 323 Center Street Little Rock, Arkansas 72201 (501) 682-1314

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 JFF, TERMED
U.S. District Court Eastern District of Arkansas (Pine Bluff) CIVIL DOCKET FOR CASE #: 5:00-cv-00395-GH

USA v. Arkansas Corr Dept Assigned to: Judge George Howard, Jr Demand: $0 Cause: 42:2000e Job Discrimination (Employment)

Date Filed: 10/26/2000 Date Terminated: 11/03/2000 Jury Demand: None Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

Plaintiff United States of America

represented by Bill Lann Lee U. S. Department of Justice - Civil Rights, Employment Lit Patrick Henry Building 950 Pennsylvania Avenue, N.W. Room 4910 Washington, DC 20530 (202) 305-8686 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Charlotte Burrows U. S. Department of Justice - Civil Rights Division Post Office Box 65968 Washington, DC 20035-5968 (202) 514-3862 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Paula J. Casey University of Arkansas School of Law - Little Rock William H. Bowen School of Law 1201 McMath Avenue Little Rock, AR 72202-5142 (501) 324-9440 LEAD ATTORNEY ATTORNEY TO BE NOTICED

William B. Fenton U. S. Department of Justice - Civil Rights, Employment Lit Patrick Henry Building 950 Pennsylvania Avenue, N.W. Room 4910 Washington, DC 20530 (202) 305-8686 LEAD ATTORNEY ATTORNEY TO BE NOTICED

V.
Defendant
Arkansas Department of Correction an Agency of the State of Arkansas

represented by Lori Freno Arkansas Attorney General's Office Catlett-Prien Tower Building 323 Center Street Suite 200 Little Rock, AR 72201-2610 (501) 682-1314 Email: lori.freno@arkansasag.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed 10/26/2000 10/26/2000 11/01/2000

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Docket Text

1 COMPLAINT, summons issued and returned to: attorney for service (filing fee waived) (former empl) (Entered: 10/26/2000)

2 JOINT MOTION by parties for entry of settlement agreement (former empl) (Entered: 10/26/2000)

3 ORDER (SETTLEMENT AGREEMENT) by Judge George Howard Jr. granting joint motion for entry of settlement agreement [2-1]; defendant to pay the sum of $9,000.00 each to Linda S. Finley and Vickie R. Finley within 30 days of the date of the execution of this Agreement; this Agreement shall terminate 18 months from the date of its entry; each party to bear own costs & expenses, including attorney's fees (cc: all counsel) (former empl) (Entered: 11/01/2000)

11/03/2000

4 ORDER by Judge George Howard Jr. pursuant to the terms of the Settlement Agreement, the case is dismissed without prejudice case terminated (cc: all counsel) (former empl) (Entered: 11/03/2000)

PACER Service Center
Transaction Receipt

10/18/2007 13:19:58

PACER Login: wu0079

Client Code: Baker

Description: Docket Report Search Criteria: 5:00-cv-00395-GH

Billable Pages: 1

Cost:

0.08