Case 1:04-cv-00337-JRN Document 1 Filed 06/09/2004 Page 1 of 5

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IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS
AUSTIN DIVISION

EQUAL EMPLOYMENT OPPORTUNITY §

COMMISSION,

§

c.·-
~

Plailltiff,

§

§ §

A04Lt\ 337 IN

v.

§ Civil Action No.

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AEP ENERGY SERVICES, INC. d/b/a

§ COMPLAINT AND

AMERICAN ELECTRIC POWER,

§ JURY TRIAL DEMAND

§

Defelldallt.

§

NATURE OF THE ACTION This is an action under the Age Discrimination in Employment Act to correct unlawful employment practices on the basis of age, and to provide appropriate relief to Randall J. Johnson. The Equal Employment Opportunity Commission (the "Commission") alleges that, in December 2002, AEP Energy Services, Inc. d/b/a American Electric Power (hereinafter "AEP"), discharged Randall J. Johnson, then age 54, from his job as a regulatory consultant because of his 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) of the Age Discrimination in Employment Act of 1967, as amended, 29 U.S.c. §626(b) (the "ADEA"), which incorporates by reference Sections 16(c) and 17 of the Fair Labor Standards Act of 1938 (the "FLSA"), as amended, 29 U.S.c. §§ 216(c) and 217. 2. The employment practice alleged to be unlawful was committed within the jurisdiction of the United States District Court for the Western District of Texas, Austin Division.

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PARTIES 3. Plaintiff, the Commission, is the agency ofthe United States ofAmerica charged with the administration, interpretation and enforcement ofthe 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 AEP, has continuously been an Ohio corporation doing business in the State ofTexas and the City ofAustin, Texas, and has continuously had at least 20 employees. 5. At all relevant times, Defendant AEP has continuously been an employer engaged in an industry affecting commerce within the meaning of Sections II(b), (g) and (h) ofthe ADEA, 29 U.S.c. §§ 630(b), (g) and (h).
CONCILIATION 6. Prior to institution of this 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 ofconciliation, conference, and persuasion within the meaning of Section 7(b) of the ADEA, 29 U.S.C. § 626(b).
STATEMENT OF CLAIMS 7. On or about December 2002, the Defendant AEP engaged in an unlawful employment practice at its Austin, Texas facility in violation of §623(a) ofthe ADEA, 29 U.S.C. § 623(a). Such practice included discharging Randall J. Johnson from his position as a regulatory consultant because of his age during a reduction-in-force. Mr. Johnson was 54 years of age when he was discharged. 8. The effect ofthe practice complained ofin paragraph seven above has been to deprive

Plaintiff's Original Complaint

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Randall J. Johnson of equal employment opportunities and to otherwise adversely affect his status as an employee because of his age.
9. The unlawful employment practice complained of in paragraph seven above was willful within the meaning of Section 7(b) of the ADEA, 29 U.S.C. § 626(b).
PRAYER FOR RELIEF Wherefore, the Commission respectfully requests that this Court: A. Grant a permanent injunction enjoining Defendant AEP, its officers, successors, assigns, and all persons in active concert or participation with it, from terminating individuals on the basis of their age and from engaging in any other employment practice which discriminates on the basis of age against individuals 40 years of age and older; B. Order Defendant AEP to institute and carry out policies, practices, and programs which provide equal employment opportunities for individuals 40 years of age and older, and which eradicate the effects of its past and present unlawful employment practices; C. Grant a judgment requiring Defendant AEP to pay appropriate back wages in an amount to be determined at trial, and an equal sum as liquidated damages, to Randall J. Johnson, who was adversely affected by the unlawful practice described above. Ifthe trier of fact should find the unlawful employment practice complained ofwas not willful within the meaning ofthe ADEA, then the Commission respectfully requests that this Court grant an award ofprejudgment interest on the back pay award to Randall J. Johnson; D. Order Defendant AEP to make whole Randall J. Johnson, who was adversely affected by the unlawful practice described above, by providing the affirmative relief necessary to eradicate the effects of its unlawful practice, including but not limited to reinstatement or front pay in lieu

Plaintiff's Original Complaint

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thereof; E. Grant such further relief as the Court deems necessary and proper in the public
interest; and F. Award the Commission its costs of this action. JURY TRIAL DEMAND The Commission requests a jury trial on all questions of fact raised by its complaint. Respectfully submitted, ERIC S. DREIBAND General Counsel JAMES L. LEE Deputy General Counsel GWENDOLYN YOUNG REAMS Associate General Counsel
ROBERT B. HARWIN Regional Attorney District of Columbia Bar No. 076083

Plaintiff's Original Complaint

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JE' i:~ii'G~~~ ~NIDiA,~L /'. .,
Trial Attorney Colorado State Bar No. 033240
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
San Antonio District Office 5410 Fredericksburg Rd., Ste. 200 San Antonio, Texas 78229-3555 Telephone: (210) 281-7636 Telecopier: (210) 281-7669
ATTORNEYS FOR PLAINTIFF

Plaintiff's Original Complaint

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 Case 1:04-cv-00337-JRN Document 29 Filed 04/19/2005 Page 1 of 5

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS
AUSTIN DIVISION

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff,
v.
AEP ENERGY SERVICES, INC. d/b/a AMERICAN ELECTRIC POWER,
Defendant.

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~ Civil Action No. A-04-C~-o03370lI

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SETTLEMENT AGREEMENT

The parties to this Settlement Agreement are the United States Equal Employment

Opportunity Commission ("EEOC"), Plaintiff, and AEP Energy Services, Inc. d/b/a American

Electric Power, Defendant. This Settlement Agreement resolves the allegations raised by the EEOC

in the above-referenced Civil Action No. A-04-CV -00337. The EEOC initiated this lawsuit

pursuant to Section 7(b) of the Age Discrimination in Employment Act of 1967, as amended, 29

U.S.c. § 621, et seq. (the "ADEA"), which incorporates by reference Sections 16(c) and 17 of the

Fair Labor Standards of 1938 (the "FLSA"), as amended, 29 U.S.c. § 216(c) and 217, to correct

unlawful employment practices on the basis of age, and to provide appropriate relief to Randall J.

Johnson. The complaint alleges that, in December 2002, AEP Energy Services, Inc. d/b/a American

Electric Power (hereinafter "AEP"), discharged Randall 1. Johnson, then age 54, from his job as a

regulatory consultant because of his age.

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The EEOC and AEP advise this Court that they wish to avoid the expense, delay and uncertainties of further protracted litigation in this matter, and therefore agree to settle this action by this Settlement Agreement.
AEP denies the allegations brought by the EEOC as alleged in the Complaint filed in this Civil Action. This Settlement Agreement is not an admission ofliability by AEP.
IT IS ORDERED, ADJUDGED AND DECREED as follows: 1. This Court has jurisdiction ofthe subject matter ofthe action and the parties, venue is proper, and all administrative prerequisites to the filing of this action have been met. The Complaint states claims, which, if proved, would authorize this Court to grant relief against AEP pursuant to AD EA. 2. This Settlement Agreement is entered in full and complete settlement of all claims contained in this lawsuit. The EEOC expressly reserves its right to process and litigate any other charges which may now be pending or may in the future be filed against AEP. 3. AEP agrees that it shall not engage in discriminatory treatment ofits employees based on their age. 4. Within one year after the entry ofthis Settlement Agreement, AEP shall provide EEO training to its manager(s) and/or employee(s) with authority to promote employees at its Austin facility. The training may take place in separate programs and each manager and/or employee with authority to promote employees will participate in the training for a total ofnot less than 90 minutes. Training shall consist of at least the following:

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a. AEP's statutory obligations under the ADEA in general, and in particular its

obligation not to discriminate on the basis of age in employment decisions

concerning the continuing employment of current staff; and b. Objective, non-discriminatory decision-making and proper procedures for
evaluations, reductions in force and layoffs. Within 20 days after the EEO

training has been completed, AEP shall provide to the EEOC a written report

identifying each individual who attended this training and the date(s). 5. AEP agrees to post a notice, for at least one year after the entry of this Settlement Agreement, of its intent to comply with ADEA. This notice is set forth in Exhibit "1," which is attached to this Settlement Agreement. AEP agrees to post a copy of Exhibit "1" in conspicuous

place at its facility in Austin, Texas, within ten days after this Settlement Agreement is entered by the Court.
6. AEP, in settlement of this dispute, shall pay to Randall J. Johnson, the sum total of $80,000.00 (Eighty-Thousand Dollars), less all required federal and/or state deductions. Payment

shall be made by AEP or its agent by or before April 25, 2005. Payment shall be by check made payable to Randall J. Johnson, 1925 N. Third St. Apt 316, Baton Rouge, LA 70802. A copy of the settlement check and any accompanying transmittal documents shall be forwarded to the EEOC to the attention of Robert B. Harwin, Regional Attorney, 5410 Fredericksburg Rd., Suite 200, San Antonio, Texas 78229.

7. The terms of this Settlement Agreement shall be binding upon the EEOC and AEP, its agents or its assigns, as to the issues resolved herein.

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8. The parties to this Settlement Agreement shall bear their own costs and attorney's

fees incurred in this action. The parties agree that there is no "prevailing party" in this action or

proceeding.

The Clerk shall furnish a copy hereof to each attorney of record.
SOORDEREDthisft'frof A1Jt.iu ,2005.

Respectfully Submitted, ERIC S. DREIBAND General Counsel JAMES L. LEE Deputy General Counsel GWENDOLYN YOUNG REAMS Associate General Counsel
ROBERT B. HARWIN Regional Attorney District of Columbia Bar No. 076083

pervisory Trial Attorney exas Bar No. 19708300
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Case 1:04-cv-00337-JRN
LAC L. GOURLEY Attorney State Bar No. 08235620

Document 29

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JaENUfIuFEuRJRA~A~ LL

Trial Attorney

Colorado State Bar No. 033240

BRACEWELL & PATTERSON, L.L.P. 111 Congress Avenue, Suite 2300 Austin, Texas 78701 Telephone: (512) 494-3677 Telecopier: (512) 479-3907
ATTORNEY FOR DEFENDANT

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION San Antonio District Office 5410 Fredericksburg Rd., Ste 200 San Antonio, TX 78229-3555 Telephone: (210) 281-7636 Telecopier: (210) 281-7669
ATTORNEYS FOR PLAINTIFF

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U.S. District Court [LIVE] Western District of Texas (Austin) CIVIL DOCKET FOR CASE #: 1:04-cv-00337-JRN

CLOSED

EEOC v. AEP Energy Services Assigned to: Honorable James R. Nowlin Demand: $0 Cause: 28:1331 Fed. Question: Employment Discrimination

Date Filed: 06/09/2004 Date Terminated: 04/15/2005 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

Plaintiff
Equal Employment Opportunity Commission

represented by Jennifer Randall Equal Employment Opportunity Commission Denver Field Office 303 E. 17th Ave Suite 510 Denver, CO 80203 (303) 866-1378 Fax: 303/866/1375 Email: jennifer.randall@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Judith G. Taylor U.S. EEOC San Antonio District Office 5410 Fredricksburg Rd. Suite 200 San Antonio, TX 78229-3555 (210) 281-7637 Fax: 210/281-7669 Email: judith.taylor@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Robert B. Harwin Equal Employment Opportunity Commission San Antonio District Office 5410 Fredericksburg Road Suite 200 San Antonio, TX 78229-3555 (210) 281-7643 Fax: (210) 281-7669 Email: robert.harwin@eeoc.gov LEAD ATTORNEY

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V.
Defendant AEP Energy Services, Inc. d/b/a American Electric Power

ATTORNEY TO BE NOTICED
represented by Lacey L. Gourley Bracewell & Giuliani LLP 111 Congress Avenue , Suite 2300 Austin, TX 78701-4043 (512) 494-3677 Fax: 512/479-3907 Email: lacey.gourley@bgllp.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed 06/09/2004 06/09/2004 06/09/2004 07/29/2004 08/05/2004 08/13/2004 08/13/2004 08/23/2004 09/21/2004 09/21/2004 09/24/2004
10/20/2004

#

Docket Text

Case assigned to Honorable James R. Nowlin (dm) (Entered: 06/09/2004)
1 Complaint filed. Filing Fee: $ waived (Pages: 5) (dm) (Entered: 06/09/2004)
Court file forwarded to Judge Nowlin (td) (Entered: 06/09/2004)
2 Return of service executed as to AEP Energy Services on 7/26/04 (summons not signed by Clerk) (td) (Entered: 07/30/2004)
Summons issued for AEP Energy Services (td) (Entered: 08/05/2004)
3 Answer by AEP Energy Services (td) Modified on 08/17/2004 (Entered: 08/17/2004)
4 Notice of filing disclosure statement of interested parties by AEP Energy Services (td) (Entered: 08/17/2004)
5 Return of service executed as to AEP Energy Services on 8/13/04 (td) (Entered: 08/25/2004)
6 Alternate Dispute Resolution Report filed by EEOC, AEP Energy Services, Party(s) agree to Alternate Dispute Resolution (mh) (Entered: 09/21/2004)
7 Recommendations for scheduling order by EEOC, AEP Energy Services (mh) (Entered: 09/21/2004)
8 Scheduling order setting Joining of parties, amending of pleadings on 12/27/04; Deadline for filing of all motions 5/9/05; Discovery cutoff 4/4/05; Alternate Dispute Resolution Report due by 10/25/04, signed by Honorable James R. Nowlin. (td) (Entered: 09/27/2004)
9 Alternate Dispute Resolution Report filed by EEOC, Party(s) agree to Alternate Dispute Resolution (td) (Entered: 10/21/2004)

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10/21/2004 10/21/2004 10/22/2004 10/29/2004 11/01/2004 12/27/2004 12/29/2004 01/05/2005 01/05/2005 01/05/2005 01/28/2005 01/31/2005 01/31/2005 01/31/2005 01/31/2005 03/07/2005 03/08/2005
04/12/2005 04/15/2005

10 Alternate Dispute Resolution Report filed by AEP Energy Services, Party(s) do not agree to Alternate Dispute Resolution (td) (Entered: 10/22/2004)
11 Agreed Motion by EEOC, AEP Energy Services for protective order (td) (Entered: 10/22/2004)
12 Order granting motion for protective order [11-1] signed by Honorable James R. Nowlin. Protective Order Filed. (td) (Entered: 10/25/2004)
13 ORDER case referred to Alternate Dispute Resolution Mediation completed by: 4/15/05 signed by Honorable James R. Nowlin (td) (Entered: 10/29/2004)
14 Order set bench trial for 9:00 7/25/05 signed by Honorable James R. Nowlin (td) (Entered: 11/02/2004)
15 Motion by AEP Energy Services for leave to file first amended answer (rec'd amd ans) (td) (Entered: 12/28/2004)
16 Advisory to the court filed by AEP Energy Services (mh) (Entered: 01/03/2005)
17 Order granting motion for leave to file first amended answer (rec'd amd ans) [15-1] signed by Honorable James R. Nowlin (td) (Entered: 01/06/2005)
18 Amended answer by AEP Energy Services : answer [3-1] (td) (Entered: 01/06/2005)
19 Designation of expert witness filed by AEP Energy Services (td) (Entered: 01/06/2005)
20 Motion by AEP Energy Services to quash , and for protective order (td) (Entered: 01/28/2005)
21 Motion by EEOC to expedite ruling on dft's motion to quash and for protective order (td) (Entered: 01/31/2005)
22 Response by EEOC in opposition to motion to quash [20-1], motion for protective order [20-2] (td) (Entered: 01/31/2005)
23 Order denying motion to quash [20-1], denying motion for protective order [20-2] signed by Honorable James R. (td) (Entered: 01/31/2005)
Mooted motions motion to expedite ruling on dft's motion to quash and for protective order [21-1] (td) (Entered: 03/03/2005)
24 Joint motion by EEOC, AEP Energy Services to extend time to complete discovery and to file dispositive motions (td) (Entered: 03/07/2005)
25 Order granting joint motion to extend time to complete discovery and to file dispositive motions [24-1] motion filing deadline 5/27/05 , discovery deadline 5/2/05 signed by Honorable James R. Nowlin (td) (Entered: 03/09/2005)
26 Joint motion by EEOC, AEP Energy Services to dismiss with prejudice (td) (Entered: 04/13/2005)
27 Order granting joint motion to dismiss with prejudice [26-1] signed by Honorable James R. Nowlin (td) (Entered: 04/15/2005)

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04/15/2005
04/15/2005 04/15/2005 04/19/2005

28 Judgment signed by Honorable James R. Nowlin - ORDERED that the above-entitled cause of action is hereby DISMISSED with prejudice. (Pages: 1) (td) (Entered: 04/15/2005)
Notice of Alternate Dispute Resolution Outcome did not settle (td) (Entered: 04/15/2005)
Case closed (td) (Entered: 04/15/2005)
29 Settlement Agreement signed by Honorable James R. Nowlin (td) (Entered: 04/19/2005)

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