l:.S. DISTRICT cTiTp-r ----,

NORTHERl\ DISTRIC1 OF TEXAS
F·I I r7'n A, }-i, ~_I --5:._P'
IN THE UNITED STATES DISTRICT CURT ~---~
I FOR THE NORTHERN DISTRICT OF EXAS SEP 2 2 2006

DALLAS DIVISION

______ __.__j

EQUAL EMPLOYMENT OPPORTUNITY }

COMMISSION,

}

}

Plaintiff,

}

}

v.

}

}

ALLIEDBARTON SECURITY

}

SERVICES, LLC,

}

}

Defendant.

}

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

CLERK, U.!D1S-t 1-1.: ..... I cond
h..U2 B\
. r Deput\
'-----------..:.~--.-- -----, -
CIVIL ACTION NO.
3-06CV1731-P
COMPLAINT
(JURY DEMANDED)

NATURE OF THE ACTION This is an action under Title VII of the Civil Rights Act of 1964 to correct unlawful employment practices and to make whole Charging Party Wilson Korir, who was adversely affected by such practices. The Commission alleges that the Defendant, AlliedBarton Security Services, LLC, discriminated against Mr. Korir by subjecting him to disparate terms and conditions of employment resulting in adverse employment actions and constructive discharge because of his national origin, African, and his accent.
JURISDICTION AND VENUE 1. Jurisdiction ofthis Court is invoked pursuant to 28 U.S.C. Sections 451,1331, 1337, 1343, and 1345. This action is authorized and instituted pursuant to Sections 706(f)(1) and(3) of Title VII of the Civil Rights Act of 1964, as amended, ("Title VII"), 42 U.S.C. Sections 2000e5(f)(1) and (3), and Section 102 of the Civil Rights Act of 1991,42 U.S.C. 1981a.

COMPLAINT

1

2. The employment practices alleged to be unlawful were 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 Title VII and is expressly authorized to bring this action by Section 706(a) of Title VII, 42 U.S.c. Section 2000e-5(a). 4. At all relevant times, Defendant, AlliedBarton Security Services, LLC, has continuously been and is now doing business in the State of Texas, and has continuously had at least fifteen employees. 5. At all relevant times, Defendant has continuously been an employer engaged in an industry affecting commerce within the meaning of Sections 701(b), (g) and (h) of Title VII, 42 U.S.C. Sections 2000e-(b), (g) and (h).
STATEMENT OF CLAIMS 6. More than thirty days prior to the institution of this lawsuit, Mr. Korir filed a charge with the Commission alleging violations of Title VII by the Defendant. All conditions precedent to the institution of this lawsuit have been fulfilled. 7. Since at least April 2004, the Defendant has engaged in unlawful employment practices, in violation ofsection 703(a)(1) ofTitle VII, 42 U.S.C. Section 2000e-2, by subjecting Mr. Korir to an involuntary transfer ofhis position with a reduction in pay and/or demotion, resulting in constructive discharge based on his national origin, African, and accent. 8. The effect ofthe practices complained of in paragraph 7, above, has been to deprive

COMPLAINT

2

Mr. Korir of equal employment opportunities and otherwise adversely affect his status as an employee because of his national origin.
9. The unlawful employment practices complained of in paragraph 7, above, were intentional.
10. The unlawful employment practices complained of in paragraph 7, above, were done with malice or reckless indifference to the federally protected rights of Mr. Korir.
PRAYER FOR RELIEF Wherefore, the Commission respectfully requests that this Court: A. Grant a permanent injunction enjoining the Defendant, AlliedBarton Security Services, LLC, its officers, successors, assigns, and all persons in active concert or participation with it, and from engaging in any employment practice which discriminates in violation of Title VII. B. Order the Defendant to institute and carry out policies, practices, and programs which provide equal employment opportunities for Mr. Korir, and which eradicate the effects of its past and present unlawful employment practices. C. Order the Defendant to make whole Mr. Korir by providing appropriate back pay with prejudgment interest in amounts to be proved at trial, and other affirmative relief necessary to eradicate the effects of unlawful employment practices, including but not limited to rightful place reinstatement ofMr. Korir. D. Order the Defendant to make whole Mr. Korir by providing compensation for past and future non-pecuniary losses resulting from the unlawful practices complained of in paragraph 7 above, including but not limited to, emotional pain, suffering, inconvenience, loss of enjoyment of life and humiliation, in amounts to be determined at trial.

COMPLAINT

3

"

E. Order the Defendant to make whole Mr. Korir, by providing compensation for past and future pecuniary losses resulting from the unlawful practices complained of in paragraph 7, above, in amounts to be determined at trial.
F. Order the Defendant to pay punitive damages for its malicious or reckless conduct described in paragraph 7, above, in amounts to be determined at trial.
G. Grant such further relief as the Court deems necessary and proper. H. Award the Commission its costs in this action.
JURY TRIAL DEMAND The Commission requests a jury trial on all questions of fact raised by the complaint.

Respectfully submitted,

RONALD COOPER General Counsel

JAMES LEE Deputy General Counsel

GWENDOLYN REAMS

Associate General Counsel
~~A.~/~~

ROBERT A. CANINO Regional Attorney

J

Oklahoma State Bar No. 011782

ROBERT B. HARWIN
V Associate Regional Attorney
District of Columbia Bar No. 076083

SUZANNE M. ANDERSON Supervisory Trial Attorney, I Texas Bar No. 14009470 V

COMPLAINT

4

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION San Antonio Field Office 5410 Fredericksburg Road, Suite 200 San Antonio, Texas 78229-3555
Dallas District Office 207 South Houston, 3rd Floor Dallas, Texas 75202 (214) 253-2740 (214) 253-2749 (FAX)

COMPLAINT

5

CIVIL COVER SHEET ~lS

44

I"
(Rev.

3/99)

JS-44~~'~Lf\. ~the Tbhle"\.~x c

information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required ife'cltby local rules of court. This form, approved by the Judicial Conference ofthe United States in September 1974, is required for the

uUf'

0 ourt for the purpose of initiating the civil docket sheet. (SEE INSTRUCTIONS ON THE REVERSE OF THE FORM.)

I. (a) PLAINTIFFS

DEFENDANTS

U. S Equal Employment Opportunity Commission

ALLIEDBARTON SECURITY SERVICES, LLC

(b) County of Residence of Fust Listed Plaintiff _ _ _ _ _ _ _ _ _ __

rr-. (EXCEPT [N U S PLAINTIFF C ~_. o

, \

••••

County of Residence of First Listed Defendant _ _ _ _ _ _ _ _ _ __

_ ~

(IN U S PLAINTIFF CASES ONLY)

NOTE. IN LAND CONDEMNATION CASES, USE THE LOCATION OF THE LAND INVOLVED

(c) Attorney's (Fum Name, Address, and Telephone N mber)

Ronetta Francis, Senior Trial Attorney

I

EEOC-Dallas District Office

207 South Houston St., 3,d Floor

Dallas, TX 75202 (214) 253-2746

5EP 22

(tto1eys (If Known)
,:J,! 8-06CV1731-P
: " l' >~~...

II. BASIS OF JURISDICTION (place an "X" in One Box Only)

X I U.S Government Plaintiff

o 3 Federal Question
(U S. Government Not a Party)

III. CITIZENSHIP OF PRINCIPAL P ARTIES(Place an "X" m One Box for PlaintIff

(For Diversity Cases Only)

and One Box for Defendant)

PTF DEF

PTF DEF

Citizen of This State 0 I 0 I Incorporated or Principal Place 0 4 04

of BUSiness In ThiS State

o 2 U.S. Government
Defendant

o 4 DiverSity
(Indicate Citizenship ofParties in Item 111)

Citizen of Another State 0 2 0 2 Incorporated and Pnnclpal Place 0 5 05
of Busllless In Another State

Citizen or Subject of a 0 3 0 3 Foreign Nation
Foreil!n CountTV

o 6 06

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

CONTRACT

TORTS

FORFEITUREIPENALTY

BANKRUPTCY

OTHER STATUTES

0 110 Insurance 0 120 Marine 0 130 Miller Act 0 140 Negotiable Instrument

PERSONAL INJURY 0 310 Airplane 0 315 Airplane Product
LIability

PERSONAL INJURY 0 362 Personal lnJury-
Med Malpractice 0 365 Personallnjury -

0 610 Agnculture

Dl22 Appeal 28 USC 158

0 620 Other Food & Drug

0 625 Drug Related Seizure Dl23 WIthdrawal

of Property 21 USC

28 USC 157

o 400 State ReapportIOnment o 410 Antitrust o 430 Banks and Bankmg o 450 Commerce/ICC Rates/etc

0 150 Recovery of Overpayment 0 320 Assault, LIbel &

Product Llablhty

0 630 L,quor Laws

1 - - - - - - - - - - - 1 0 460 Deportalton

& Enforcement of Judgment

Slander

0 368 Asbestos Personal 0 640 R R & Truck

1--P-R'O--P-E-R'T--Y"R:I;G"H"T--S-1 0 470 Racketeer Influenced and

0 151 Medicare Act 0 152 Recovery of Defaulted
Student Loans (Exc!. Veterans)

0 330 Federal Employers' L,ab,hty
0 340 Marme 0 345 Marme Product

InjUry Product

0

Liablhty

0

PERSONAL PROPERTY

o 370 Other Fraud

0

650 Alrhne Regs 660 OccupatIOnal
SafetylHealth 690 Other

LB20 Copynghts LB30 Patent LB40 Trademark

Corrupl Organlzaltons
o 810 Selecltve Service o 850 SecuntlesiCommodliles/
Exchange

0 153 Recovery of Overpayment

Llablhty

0 371 Truth m Lendmg

I-----------.,f---------~ 0 875 Customer Challenge

of Veteran's Benefits 0 350 Motor Vehicle

0 380 Other Personal

0 160 Stockholders' SUIts 0 190 Other Contract

0 355 Motor Vehicle

Property Damage

o

Product Liab,lity 0 385 Property Damage

_0 _19_5 C_ontr_act_Pro_duc_t Ll_abl_ltty+ 0__360_Ot_her_Per_son_al I_nju.r.y.,..___Pro_duc_t L_labl_ltty_-10

REAL PROPERTY

CIVIL RIGHTS

0 210 Land CondemnatIOn

o 441 Voting

0 220 Foreclosure

X 442 Employment

o 0 230 Rent Lease & Ejectment

443 Housmg!

0 240 Torts to Land 0 245 Tort Product Liability 0 290 All Other Real Property

Accommodations
o 444 Welfare o 440 Other C,vil Rights

PRISONER PETITIONS 0

o 510 Motions to Vacate
Sentence

o

Habeas Corpus
o 530 General

o

o 535 Death Penalty

o 540 Mandamus & Olher o

o 550 CIVil RIghts

o 555 Pnson CondItion

LABOR

SOCIAL SECURITY

710 Fair Labor Standards LB61 HIA (1395ft)

Act

LB62 Black Lung (923)

720 LaborlMgmt RelatIOns LB63 DlWCIDIWW (405(g»

LB64 ssm Title XVI

730 LaborlMgmt Reportmg LB65 RSI (405(g»

& Disclosure Act 740 RaIlway Labor Act

FEDERAL TAX SUITS

790 Other Labor LitigatIOn [870 Taxes (U S Plamtlff or Defendant)

791 Empl Ret. Inc Secunty Act

[871 IRS-ThlTd Party 26 USC 7609

12 USC 3410
o 891 Agncultural ACls o 892 EconomIC StabilizatIOn Act o 893 EnVIronmental Matters o 894 Energy Allocation Act o 895 Freedom of
InformatIOn Act
o 900 Appeal of Fee
DetermmatlOn Under Equal
Access to Jusltce
o 950 ConslllutlOnahty of
State Statules
o 890 Other Statutory ActIOns

V. ORIGIN

(PLACE AN "X" IN ONE BOX ONLY)

X I Original 0 2 Removed from

Proceeding

State Court

0 3 Remanded from Appellate Court

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

o 6 Multidistnct
Litigation

Appeal to District Judge from
o 7 Magistrate Judgment

CAUSE OF ACTION (Cite the U.S Civil Statute under whIch you arefIling and wnte bnefstatement of cause

VI.

Do not cite junsdlctlOnal statutes unless diverSity.)

Allied Barton Security Services Inc., discriminated against Wilson Korir by subjecting him to disparate terms and conditions of employment resulting

in adverse employment actions and constructive discharge because of his national origin, African, and his accent

VII. REQUESTED IN

o CHECK IF THIS IS A CLASS ACTION

COMPLAINT:

UNDER F R c.P. 23

VIII. RELATED CASE(S)

IF ANY

22/ q DATE

0 Co

(See instructions):

JUDGE

DEMAND $

CHECK YES only If demanded in complaint

JURY DEMAND:

X Yes 0 No

DOCKET NUMBER

FOR OFFI RECEIPT # _ _ _ __

AMOUN _____________ APPLYING IFP _________

JUDGE _ _ _ _ _ __ MAG JUDGE _ _ _ _ _ _ _ _ __

JS 44 Reverse (Rev 12/96)
INSTRUCTIONS FOR ATTORNEYS COMPLETING CIVIL COVER SHEET FORM JS-44
Authority For Civil Cover Sheet

The JS-44 civil cover sheet and the infonnation contained herein neither replaces nor supplements the filings and service of pleading or other papers as required by law, except as provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the use ofthe Clerk of Court for the purpose of initiating the civil docket sheet. Consequently, a civil cover sheet is submitted to the Clerk of Court for each civil complaint filed. The attorney filing a case should complete the fonn as follows:

I.

(a) Plaintiffs-Defendants. Enter names (last, first, middle initial) ofplaintifl and defendant Ifthe plaintiJIor defendant is a government agenc),

use only the full name or standard abbreviations. If the plaintiff or defendant is an official within a government agency, identity first the agency and then

the official, giving both name and title.

(b.) County of Residence. For each civil case filed, except U.S. plaintifl cases, enter the name of the county where the first listed plaintiff resides at the time of filing. In U.S. plaintiff cases, enter the name of the county in which the first listed defendant resides at the time of filing. (NOTE: In land condemnation cases, the county of residence ofthe "defendant" is the location of the tract ofland involved.)

(c) Attorneys. Enter the finn name, address, telephone number, and attorney of record. Ifthere are several attorneys, list them on an attachment, noting in this section "(see attachment)".

II. Jurisdiction. The basis ofjurisdiction is set forth under Rule 8(a), F.R.C.P., which requires that jurisdictions be shown in pleadings. Place an "X" in one of the boxes. If there is more than one basis ofjurisdiction, precedence is given in the order shown below.

United States plaintiff. (1) Jurisdiction based on 28 U.S.c. 1345 and 1348. Suits by agencies and officers of the United States, are included here.

United States defendant. (2) When the plaintiflis suing the United States, its officers or agencies, place an "X" in this box.

Federal question. (3) This refers to suits under 28 U.S.c. 1331, where jurisdiction arises under the Constitution of the United States, an amendment to the Constitution, an act of Congress or a treaty ofthe United States. In cases where the U.S. is a party, the U.S. plaintifl or defendant code takes precedence, and box 1 or 2 should be marked.

Diversity ofcitizenship. (4) This refers to suits under 28 U.S.c. 1332, where parties are citizens of diflerent states. When Box 4 is checked, the citizenship of the diflerent parties must be checked. (See Section III below; federal question actions take precedence over diversity cases.)

III. Residence (citizenship) of Principal Parties. This section of the JS-44 is to be completed if diversity of citizenship was indicated above. Mark this section for each principal party.

IV. Nature of Suit. Place an "X" in the appropriate box. If the nature of suit cannot be determined, be sure the cause of action, in Section IV below, is sufficient to enable the deputy clerk or the statistical clerks in the Administrative Office to detennine the nature of suit. If the cause fits more than one nature of suit, select the most definiti ve.

V. Origin. Place an "X" in one of the scven boxes.

Original Proceedings. (I) Cases which originate in the United States district courts.

Removed from State Court. (2) Proceedings mitiated in state courts may be removed to the district courts under Title 28 U.s.C., Section 1441. When the petition for removal is granted, check this box.

Remanded from Appellate Court. (3) Check this box for cases remanded to the district court for further action Use the date of remand as the filing date.

Remstated or Reopened. (4) Check this box for cases reinstated or reopened in the district court. Use the reopening date as the filing date.

Transferred from Another District. (5) For cases transferred under Title 28 U.S.C. Section 1404(a) Do not use this for within districttransfers or multidistrict litigation transfers.

Multidistrict Litigation. (6) Check this box when a multidistrict case is transferred into the district under authority of Title 28 U.S.c. Section 1407. When this box is checked, do not check (5) above.

Appeal to District Judge from Magistrate Judgment. (7) Check this box for an appeal from a magistrate judge's decision.

VI. Cause of Action. Report the civil statute directly related to the cause of action and give a brief description of the cause.

VII. Requested in Complaint. Class Action. Place an "X" in this box if you are filing a class action under Rule 23, F.R.Cv.P.

Demand. In this space enter the dollar amount (in thousands of dollars) being demanded or indicate other demand such as a preliminary injunction.

Jury Demand. Check the appropriate box to indicate wpether or not a jury is being demanded.

VIII. Related Cases. This section of the JS-44 is used to reference related pending cases if any. If there are related pending cases, insert the docket numbers and the corresponding judge names for such cases.

Date and Attorney Signature. Date and sign the civil cover sheet.

 
 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION

EQUAL EMPLOYMENT OPPORTUNITY )

COMMISSION,

)

)

Plaintiff,

)

)

v.

)

)

ALLIEDBARTON SECURITY

)

SERVICES, LLC

)

)

Defendant.

)

CIVIL ACTION NO. 3–06-CV-1731-P

CONSENT DECREE

This Consent Decree is made and entered into between the Plaintiff, the Equal

Employment Opportunity Commission (“EEOC”), and the Defendant, AlliedBarton Security

Services, LLC (“AlliedBarton” or “Defendant”), hereinafter collectively referred to as “the

parties.”

On September 22, 2006, the Equal Employment Opportunity Commission instituted a

lawsuit in the United States District Court for the Northern District of Texas, Dallas Division,

Civil Action Number 3-06-CV-1731-P, against Defendant, alleging that the Defendant violated

Title VII of the Civil Rights Act of 1964 (Title VII) when it allegedly discriminated against Mr.

Wilson Korir by subjecting him to disparate terms and conditions of employment, resulting in

adverse employment actions and constructive discharge because of his national origin, African

(Kenyan), and his accent. Defendant denies Mr. Korir was subjected to any form of

discrimination on the basis of his national origin or accent.

Page 1 of 6

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 Consent Decree.
NOW, THEREFORE, in consideration of the mutual promises and agreements set forth herein, the sufficiency of which is hereby acknowledged, the parties agree as follows, the Court finds appropriate, and therefore, it is ORDERED, ADJUDGED AND DECREED that:
1. This Consent Decree resolves all issues, including all like and related issues, raised in EEOC Charge Number 310-2005-02708. This Decree further resolves all issues raised in the Complaint filed by the Commission in this civil action.
2. Defendant agrees not to allow employees to be subjected to disparate terms and conditions of employment or other forms of discrimination based on accent or national origin. To that end, the Defendant further agrees to take proactive steps to ensure a workplace free of discrimination against persons because of their accent, language or other characteristics of their national origin.
3. Defendant agrees to post the Notice appended hereto as Attachment “A” on the employee bulletin board at its Dallas Regional Office within ten (10) days after the entry of this Consent Decree. Defendant will report to the EEOC that it has complied with this requirement within thirty (30) days after posting the notice. Defendant similarly agrees to allow placement of the Notice on the EEOC bulletin board at the Williams Square Building. These postings will remain in place at these locations for six (6) months.
4. Defendant agrees to include a notice in the “Read File” at all sites in the Dallas Region to remind employees that AlliedBarton is constantly reviewing and reinforcing policies against

Consent Decree

EEOC v. AlliedBarton

2

discrimination in the workplace. This notice will inform employees that discrimination based on an individual’s national origin, constitutes unacceptable conduct and will not be condoned.
5. AlliedBarton agrees to remove from its records any notations, remarks, and written disciplinary warnings which may be contained in Mr. Wilson Korir’s personnel file if they relate in any way to the employment decisions or claims of discrimination which underlie the EEOC Charge filed by Mr. Korir. Further, AlliedBarton agrees to provide any employer or prospective employer a letter of reference for Mr. Korir. The reference will include the dates of employment, salary history and a statement that Mr. Korir left voluntarily. AlliedBarton will provide Mr. Korir a reference letter, which he may then use. (A copy of the letter is attached hereto as Attachment “B.”) If a third party making an inquiry about Mr. Korir asks if AlliedBarton would consider him “eligible for rehire”, the answer will be in the affirmative. All such inquiries should be directed to Vice President of Human Resources Deborah Brantley at (610) 239-1162.
6. Defendant agrees to conduct “Civil Treatment” training for all employees of Defendant’s Dallas Regional Facility, advising them of the requirements and prohibitions of Title VII of the Civil Rights Act of 1964. The training will inform the employees of the various methods by which employees of AlliedBarton can complain and/or voice concerns about the workplace. The training will also include a specific discussion or instruction relating to accent and language-related national origin discrimination. The training shall be at least two (2) hours in duration and be provided to supervisory and non-supervisory personnel, who work with or have responsibility for the Security Officers. No less than ten (10) days before the training is conducted, Defendant agrees to give written notice to the EEOC as to the date and location of the

Consent Decree

EEOC v. AlliedBarton

3

training, the name and qualifications of the person(s) providing the training and the substance of the training. All materials used in conjunction with the training shall be forwarded to the EEOC. The parties agree that the costs associated with this training will be approximately four thousand five hundred dollars ($4,500). Within ten (10) days following the training, Defendant shall submit to the EEOC confirmation that the training was conducted, and a list of attendees.
7. Defendant agrees to pay Charging Party, Wilson Korir, the gross sum of eighteen thousand dollars ($18,000) in full and final settlement of the claims asserted in this dispute. Five thousand dollars ($5,000) of this amount shall be treated as wages under Title VII of the Civil Rights Act of 1964, as amended, and is thus subject to legal deductions and withholding. The remaining balance of thirteen thousand dollars ($13,000) shall be considered other damages under the Civil Rights Act of 1991, for which Mr. Korir will be personally responsible for payment of applicable taxes. In conjunction with the aforementioned payment, Mr. Korir shall provide AlliedBarton with a fully executed W-4. In conjunction with the thirteen thousand dollars ($13,000), Mr. Korir shall provide AlliedBarton with a fully executed Form W-9. Mr. Korir shall, at year end, receive a form W-2 and 1099 with regard to the above-noted payments. Payment shall be made by check payable to “Wilson Korir,” and mailed to him at:
Wilson Korir 9448 Forest Lane, Apt. No. 105 Dallas, Texas 75243 Payment shall be mailed within fourteen (14) days after entry of this Consent Decree. 8. Defendant agrees to report to the EEOC within thirty (30) days of the effective date of this Consent Decree regarding its compliance with the arrangements set forth in paragraphs 3-7

Consent Decree

EEOC v. AlliedBarton

4

above. All reports to the EEOC required by this Decree shall be sent to Robert A. Canino, Esq., Regional Attorney, 207 S. Houston Street, 3rd Floor, Dallas, Texas 75202.
9. Unless good cause shown, if Defendant fails to tender payment or otherwise fails to timely comply with the terms of paragraph 7 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 Bear any additional costs incurred by the EEOC caused by the noncompliance or delay of the Defendant.
10. The parties agree to bear their own costs associated with this action, including attorneys’ fees.
11. The parties have the right to specifically enforce the terms of this Decree. Nothing in this Consent Decree can preclude further actions by the EEOC or any other person to remedy any other alleged violations of Title VII by Defendant.
12. The effective date of this Decree shall be the date upon which it is signed for approval by the Court.
13. The term of this Decree shall be for one (1) year from the effective date. The Court shall retain jurisdiction to enforce the terms of this Decree.
14. It is further agreed and understood between the parties that this Agreement is entered into voluntarily by both parties, and that the payment and benefits conferred herein are not to be construed as admission of liability on the part of the persons, corporations and entities hereby released, by whom liability is expressly denied.

Consent Decree

EEOC v. AlliedBarton

5

APPROVED AS TO FORM AND CONTENT:
FOR THE PLAINTIFF, FOR THE DEFENDANT,
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION:

ALLIEDBARTON SECURITY SERVICES, LLC.:

/S/ Robert A. Canino, Regional Attorney OK State Bar No. 011782

/S/__________________________ Deborah T. Pecci, Attorney Vice President and Deputy General Counsel PA State Bar No. 63737

U.S. Equal Employment Opportunity Commission Dallas District Office 207 S. Houston Street – 3rd Floor Dallas, Texas 75202 Ph. (214) 253-2750 e-mail: robert.canino@eeoc.gov

AlliedBarton Security Services, LLC 3606 Horizon Drive King of Prussia, Pennsylvania 19406 Ph. (610) 239-1168 e-mail: deborah.pecci@alliedbarton.com
and Jonathan D. Loegel, Attorney GA State Bar No. 755706 Martenson Hasbrouck & Simon LLP 3379 Peachtree Rd., Suite 400 Atlanta, Georgia 30326 Ph. (404) 909-8110 e-mail: jloegel@martensonlaw.com

SO ORDERED, ADJUDGED AND DECREED this 19th day of March, 2007.

_________________________________ JORGE A. SOLIS UNITED STATES DISTRICT JUDGE

Consent Decree

EEOC v. AlliedBarton

6

ATTACHMENT “A”
NOTICE TO ALL EMPLOYEES
This NOTICE is being posted pursuant to an agreement between ALLIEDBARTON SECURITY and the U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION (EEOC). This NOTICE will be conspicuously posted for a period of six (6) months at the Dallas Regional Facility in all places where employment notices are posted. It must not be altered, defaced, or covered by any other material.
POLICY: Discrimination of any kind can and often will detract from employees’ job performance, discourage employees from remaining on the job, keep employees from advancing in their careers and lowers overall employee morale and productivity. It is the policy of AlliedBarton Security that discrimination based on an individual’s national origin, or because of his or her ancestor’s place of origin; or because an individual has the physical, cultural or linguistic characteristics of a national origin group constitutes unacceptable conduct and will not be condoned.
PURPOSE: It is the purpose of this policy to reaffirm and amplify the position of Title VII of the Civil Rights Act of 1964, as amended, and the Equal Employment Opportunity Commission’s guidelines on national origin discrimination, and to reiterate AlliedBarton Security’s policy against discrimination, including national origin discrimination.
SCOPE: This policy extends to all employee of AlliedBarton Security, including management, non-management, temporary and/or probationary personnel.
DEFINITION: Discrimination based on national origin occurs when an employment decision is made based on a person’s birthplace, ancestry, culture or linguistic characteristics common to a specific ethic group rather than on legitimate factors. Title VII’s prohibition of discrimination includes discrimination in hiring, firing, promotions, wages, job assignments, fringe benefits and other terms and conditions of employment. Equal employment opportunity cannot be denied because of marriage or association with persons of a national origin group; membership or association with specific ethnic promotion groups; attendance or participation in schools, churches, temples or mosques generally associated with a national origin group; or a surname associated with a national origin group.
RESPONSIBILITY: Each level of management is responsible for ensuring that all personnel policies, procedures, and activities are in full compliance with applicable federal, state and local equal employment laws, statutes, rules and regulations regarding racial discrimination and harassment. Employees are expected to read, understand, and follow the policies that
AlliedBarton Security has established to prevent national origin discrimination.

REPORTING PROCEDURES: Any employee who believes that he or she has been subjected to national origin discrimination is expected to report the alleged act as soon as possible to that person’s immediate supervisor, any supervisor or manager with AlliedBarton Security, or to the Human Resources Department. The Human Resources Department may be contacted at_____________________________________________________ or by telephone at ______________________________________. Supervisors and manages who are informed of an alleged incident of national origin discrimination must immediately notify the Human Resources Department.
PUNISHMENT FOR VIOLATION: Employees engaged in national origin discrimination can expect serious disciplinary action. After appropriate investigation, any employee whether management or non-management, who has been found to have engaged in harassment or otherwise discriminated against another employee will be subjected to appropriate sanctions, depending on the circumstances, from a written warning in his or her personnel file up to and including termination of employment.
RETALIATION: There shall be no retaliation against any employee because that person opposed what they believed to be unlawful employment practices; or has filed a charge of discrimination, or has given testimony, assistance, or has participated in any manner in any investigation, proceeding or hearing under Title VII of the Civil Rights Act of 1964, as amended. AlliedBarton Security will not punish you for reporting discrimination based on national origin simply because you have made a complaint under the above guidelines.
THIS IS AN OFFICIAL NOTICE AND MUST NOT BE REMOVED OR DEFACED BY ANYONE. THIS NOTICE WILL BE POSTED FOR A PERIOD OF SIX (6) MONTHS.
Signed this ________ day of __________________, 2006.

________________ Date

_____________________________________ AlliedBarton Security Services, LLC.

 
 District Version 3.0.3 - Docket Report

https://ecf.txnd.uscourts.gov/cgi-bin/DktRpt.pl?286542861085379-L_3...

CLOSED, ECF, JURY, KAPLAN
U.S. District Court Northern District of Texas (Dallas) CIVIL DOCKET FOR CASE #: 3:06-cv-01731

Equal Employent Opportunty Commission v. Alliedbarton Security Services LLC Assigned to: Judge Jorge A Solis Cause: 28:451 Employment Discrimination

Date Filed: 09/22/2006 Date Terminated: 03/19/2007 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

Plaintiff
Equal Employent Opportunty Commission

represented by Robert A Canino, Jr Equal Employment Opportunity Commission Dallas District Office 207 S Houston 3rd Floor Dallas, TX 75202 214/253-2750 Email: robert.canino@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Robert B Harwin Equal Employment Opportunity Commission San Antonio District Office 5410 Fredricksburg Rd Suite 200 San Antonio, TX 78240 210/281-7643 Email: Robert.Harwin@eeoc.gov ATTORNEY TO BE NOTICED

Suzanne M Anderson Equal Employment Opportunity Commission Dallas District Office 207 S Houston 3rd Floor Dallas, TX 75202 214/253-2740 Fax: 214/253-2749 FAX Email: suzanne.anderson@eeoc.gov ATTORNEY TO BE NOTICED

V.

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Defendant Alliedbarton Security Services LLC

represented by Jonathan D Loegel Martenson Hasbrouck & Simon LLP 3379 Peachtree Rd Suite 400 Atlanta, GA 30326 404/909-8110 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Deborah T Pecci AlliedBarton Security Services LLC 3606 Horizon Dr King of Prussia, PA 19406 610/239-1168

Date Filed 09/22/2006 09/22/2006 09/22/2006 09/22/2006 09/22/2006 09/22/2006 02/13/2007
03/19/2007
03/19/2007

#

Docket Text

1 COMPLAINT against Alliedbarton Security Services LLC filed by Equal Employent Opportunty Commission. (axm, ) (Entered: 09/22/2006)
DEMAND for Trial by Jury by Equal Employent Opportunty Commission. (within complaint) (axm, ) (Entered: 09/22/2006)
2 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Equal Employent Opportunty Commission. (axm, ) (Entered: 09/22/2006)
3 Summons Issued as to Alliedbarton Security Services LLC. (axm, ) (Entered: 09/22/2006)
***Magistrate Judge Kaplan chosen by random selection to handle matters that may be referred in this case. (axm, ) (Entered: 09/22/2006)
4 Order Designating Case for ECF - see order for specifics. (Signed by Judge Jorge A Solis on 09/22/2006) (axm, ) (Entered: 09/22/2006)
5 ORDER TO SHOW CAUSE: no later than March 19, 2007, Plaintiff shall file a valid return of service on Defendant, or show good cause in writing why service cannot be made, or this action will be dismissed against Defendant, Alliedbarton Security Services, LLC, without further notice for failure to prosecute. (Signed by Judge Jorge A Solis on 2/13/07) (cxb) (Entered: 02/13/2007)
6 CONSENT DECREE: Defendant agrees to pay Charging Party, Wilson Korir, the gross sum of eighteen thousand dollars ($18,000) in full and final settlement of the claims asserted in this dispute. [see order for specifics] (Signed by Judge Jorge A Solis on 3/19/07) (Attachments: # 1 Attachment A, # 2 Attachment B) (cxb) (Entered: 03/19/2007)
***Civil Case Terminated (per doc. 6/per chambers request). (cxb) (Entered: 03/21/2007)

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