Case 4:06-cv-00815-CAS Document 1-1 Filed 05/23/2006 Page 1 of 5

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION

- EQUAL EMPLOYMENT OPPORTUNITY )
COMMISSION,

Plainnff,

)

)

~

)

)

SAPPINGTON GARDEN SHOP COMPANY, )

)

Defendant.

)

06CV008I5CAS
CIVIL ACTION NO. COMPLAINT JURY TRIAL DEMAND

NATURE OF THE ACTION
This is an action under Title VII of the Civil Rights Act of 1964 and Title I of the Civil Rights Act of 1991 to correct unlawful employment practices on the basis of sex and to provide appropriate relief to Sabrina Kapic, who was adversely affected by such practices. The Commission alleges that Defendant's supervisor sexually harassed Kapic and terminated her in retaliation for complaining about the sexual harassment, as described with greater particularity below.
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 instituted pursuant to Section 706(f)(l) ofTitle VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e-5(f)(l) and (3)("Title VII"), and Section 102(d) of the Civil Rights Act of 1991,42 U.S.C. § 1981a.
2. The employment practices alleged to be unlawful were committed within the jurisdiction of the United States District Court for the Eastern District of Missouri.

Case 4:06-cv-00815-CAS Document 1-1 Filed 05/23/2006 Page 2 of 5
PARTIES 3. Plaintiff, the Equal Employment Opportunity Commission (the "Commission"), is the agency of the United States of America charged with the administration, interpretation and enforcement ofTitle VII and is expressly authorized to bring this action by Section 706(f)(l) and (3) ofTitle VII, 42 U.S.C. § 2000e-S(f)(l) and (3). 4. At all relevant times, Defendant has continuously been doing business in the State of Missouri and the County of St. Louis, and has continuously had at least 15 employees working for it. 5. At all relevant times, Defendant has continuously been an employer within the meaning of Section 70l(b) ofTitle VII, 29 U.S.C. § 2000e(b).
STATEMENT OF CLAIMS 6. More than thirty days prior to the institution of this lawsuit, Sabrina Kapic filed a charge with the Commission alleging violations ofTitle VII by Defendant. All conditions precedent to the institution of this lawsuit have been fulfilled. 7. Since at least January 2000, Defendant has engaged in unlawful employment practices at their St. Louis, Missouri facility in violation ofSections 703(a) and 704(a) ofTitle VII, 29 U.S.C. §§ 2000e-2(a) and 2000e-3(a). These practices include the following:
a. Defendant's supervisor subjected Sabrina Kapic to unwelcome sexual harassment during her employment. This harassment included, but was not limited to, regular, repeated and unwelcome inappropriate comments and unwelcome touching that was sexual in nature.
2

Case 4:06-cv-00815-CAS Document 1-1 Filed 05/23/2006 Page 3 of 5
b. Ms. Kapic complained about this behavior to the appropriate management officials.
c. After Ms. Kapic's complaints, Defendant failed to prevent and promptly correct this unwelcome and pervasive sexual harassment, and terminated Ms. Kapic's employment because she opposed the sexually inappropriate conduct.
8. The effect of the practices complained of in paragraph 7 above has been to deprive Kapic of equal employment opportunities and otherwise adversely affect her status as an employee, because of her sex.
9. The unlawful employment practices complained of in paragraph 7 above were intentional.
I0. The unlawful employment practices complained of in paragraph 7 above were done with malice or with reckless indifference to the federally protected rights of Kapic.
PRAYER FOR RELIEF Wherefore, the Commission respectfully requests that this Court: A. Grant a permanent injunction enjoining Defendant, its officers, successors, assigns, and all persons in active concert or participation with it, from engaging in harassment, retaliation and any other employment practice which discriminates on the basis of sex. B. Order Defendant to institute and carry out policies, practices, and programs which provide equal employment opportunities for women, and which eradicate the effects of its past and present unlawful employment practices.
3

Case 4:06-cv-00815-CAS Document 1-1 Filed 05/23/2006 Page 4 of 5
C. Order Defendant to make Kapic whole by providing appropriate back pay with prejudgment interest, in amounts to be determined at trial, and other affirmative relief as necessary to eradicate the effects of its unlawful employment practices, including but not limited to, reinstatement.
D. Order Defendant to make Kapic whole by providing compensation for past and future pecuniary losses resulting from its unlawful employment practices described in paragraph 7 above in amounts to be determined at triaL
E. Order Defendant to make Kapic whole by providing compensation for past and future non-pecuniary losses resulting from the unlawful employment practices described in paragra~h8 above, including emotional pain, suffering, inconvenience, Joss of enjoyment of life, Joss of reputation, and humiliation, in amounts to be determined at trial.
F. Order Defendant to pay punitive damages for its malicious and 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 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. Respectfully submitted,
RONALD S. COOPER General Counsel
4

Case 4:06-cv-00815-CAS Document 1-1 Filed 05/23/2006 Page 5 of 5
JAMES L.LEE Deputy General Counsel GWENDOLYN YOUNG REAMS
I
Supervisory Trial Attorney U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION St. Louis District Office 1222 Spruce St., Room 8.100 St. Louis, MO 63103 (314) 539-7914 FAX: (314)539-7895 e-mail: mbert.iohnson@eeoc.gov
barb see!
085 enior Trial Attorney U.S. EQUAL EMPWYME OPPORTUNITY COMMISSION 1222 Spruce Street, Suite 8.100 St. Louis, MO 63103 (314) 539-7918 e-mail: jan.shelly@eeoc.gov
5

 
 Case 4:06-cv-00815-CAS Document 10 Filed 08/25/2006 Page 1 of 5

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff, and
SABRINA KAPIC,
Intervenor Plaintiff,
v.
SAPPINGTON GARDEN SHOP COMPANY,
Defendant.

) ) ) ) ) ) ) ) ) ) ) Civil Action No. 06CV00815CAS ) ) JURY TRIAL DEMANDED ) )

COMPLAINT

COMES NOW Intervenor Plaintiff, Sabrina Kapic, by and through her attorneys, and for

her Complaint against Defendant, Sappington Garden Shop Company, states:

PARTIES

1. Plaintiff Equal Employment Opportunity Commission (“EEOC”) is the agency of

the United States of America charged with the administration, interpretation, and enforcement of

Title VII of the Civil Rights Act of 1964, 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).

2. Intervenor Plaintiff Sabrina Kapic (“Kapic”) is a female citizen. At all times

relevant herein, Intervenor Plaintiff Kapic resided in the St. Louis City or St. Louis County, State

of Missouri.

Case 4:06-cv-00815-CAS Document 10 Filed 08/25/2006 Page 2 of 5
3. On or about May 23, 2006, Plaintiff EEOC filed Cause No. 06-CV00815-CAS with this Court against Defendant Sappington Garden Shop Company (“Sappington Garden”) and on behalf of Kapic and all female employees adversely affected by Defendant’s unlawful discriminatory practices based on sex or gender.
4. Counsel for Intervenor Plaintiff Kapic filed a Motion to Intervene, setting forth the reasons and basis for Intervenor Plaintiff Kapic to intervene in this action. On or about August 17, 2006, the Motion to Intervene was granted.
5. At all times relevant herein, Defendant Sappington Garden is a Missouri corporation doing business in St. Louis County, State of Missouri, and in the Eastern District of Missouri.
6. At all times relevant herein, Defendant Sappington Garden is an employer within the meaning of 42 U.S.C. § 2000e(b) in that Defendant Sappington Garden employed fifteen (15) or more employees in the current or preceding calendar year and engaged in an industry affecting commerce.
JURISDICTION AND VENUE 7. Jurisdiction of this Court is invoked pursuant to 28 U.S.C. § 1331 and 28 U.S.C. § 1343, in that the claims presented herein present a federal question or original jurisdiction under the provisions of 42 U.S.C. § 2000e et seq. 8. Venue in this Court is proper pursuant to 28 U.S.C. § 1391, in that Defendant Sappington Garden resides in the Eastern District of Missouri and a substantial part of the events or omissions giving rise to Intervenor Plaintiff Kapic’s claims occurred in the Eastern District of Missouri.

Case 4:06-cv-00815-CAS Document 10 Filed 08/25/2006 Page 3 of 5
FACTS AND CLAIMS OF INTERVENOR PLAINTIFF KAPIC 9. Intervenor Plaintiff Kapic was employed by Defendant Sappington Garden as a cashier from approximately Spring 1999 to January 26, 2004. 10. During Intervenor Plaintiff Kapic’s employment with Defendant Sappington Garden, she performed the duties of her job in a satisfactory manner. 11. During Intervenor Plaintiff Kapic’s employment with Defendant Sappington Garden, male supervisor Roger Decker (“Decker”) subjected Kapic to unwelcome and offensive sexual remarks. 12. During Intervenor Plaintiff Kapic’s employment with Defendant Sappington Garden, male supervisor Decker subjected Intervenor Plaintiff Kapic to sexual advances, and to unwelcome, offensive and unwanted touching of her body. 13. The above unwelcome and offensive sexual remarks and conduct included incidents that occurred in the presence of Defendant Sappington Garden’s managers. 14. The above unwelcome and offensive sexual remarks and conduct was based on Intervenor Plaintiff Kapic’s sex, was intentional, occurred on multiple occasions and on a regular basis, and constituted sexual harassment, in violation of 42 U.S.C. § 2000e et seq. 15. The sexual harassment of Intervenor Plaintiff Kapic was sufficiently severe and pervasive to create a hostile work environment for her. 16. The above hostile work environment altered the terms and conditions of Intervenor Plaintiff Kapic’s employment. 17. After Intervenor Plaintiff complained about the sexual harassment and hostile work environment to the appropriate management officials, the sexual harassment and hostile work environment continued. Defendant failed to take prompt and effective remedial action to

Case 4:06-cv-00815-CAS Document 10 Filed 08/25/2006 Page 4 of 5
correct and end the sexual harassment and hostile work environment, in violation of 42 U.S.C. § 2000e et seq.
18. Intervenor Plaintiff was fired on January 26, 2004 in retaliation for her complaining about the sexual harassment and hostile work environment.
19. Intervenor Plaintiff timely filed charge number 280-2004-03677 with the EEOC, alleging sexual harassment and retaliation by Defendant Sappington Garden.
20. As a result of Defendant Sappington Garden’s retaliation and sexual harassment of Intervenor Plaintiff Kapic and the failure of Defendant to take prompt and effective remedial action, as alleged herein, Kapic suffered lost wages and benefits of employment.
21. As a result of Defendant Sappington Garden’s retaliation and sexual harassment of Intervenor Plaintiff Kapic and the failure of Defendant to take prompt and effective remedial action, as alleged herein, Kapic suffered emotional distress, mental anguish, loss of enjoyment of life, loss or reputation, and humiliation.
22. As a result of Defendant Sappington Garden’s retaliation and sexual harassment of Intervenor Plaintiff Kapic and the failure of Defendant to take prompt and effective remedial action, as alleged herein, Kapic has incurred attorney’s fees and costs of litigation.
23. The conduct of Defendant Sappington Garden was with evil motive or intent, or was recklessly indifferent to Intervenor Plaintiff Kapic’s right not to be subjected to sexual harassment and a hostile work environment and/or to be discriminated against because of her sex and/or retaliated against for complaining of the sexual harassment and hostile work environment, and is conduct for which an award of punitive damages is warranted.

Case 4:06-cv-00815-CAS Document 10 Filed 08/25/2006 Page 5 of 5

WHEREFORE, Intervenor Plaintiff Kapic prays that this Court, after trial by jury, find in

favor of Plaintiff EEOC and Intervenor Plaintiff Kapic and against Defendant Sappington

Garden, and enter judgment in favor of Intervenor Plaintiff Kapic in an amount to be determined

at trial for Intervenor Plaintiff Kapic’s lost wages and benefits of employment, and prejudgment

interest thereupon, for back pay and front pay, compensatory damages, including damages for

emotional distress, for punitive damages, for attorney’s fees and costs of litigation; that this

Court order injunctive relief enjoining Defendant Sappington Garden from maintaining a

sexually hostile work environment and from further illegal discriminatory conduct, and grant

such other relief that is just and proper.

/s/ Russell F. Watters Russell F. Watters, #4653 Irene J. Marusic, #102941 BROWN & JAMES, P.C. 1010 Market Street, 20th Floor St. Louis, Missouri 63101-2000 314-421-3400 314-421-3128 – FAX rwatters@bjpc.com imarusic@bjpc.com

CERTIFICATE OF SERVICE
I hereby certify that on this 25th day of August, 2006, the foregoing was filed electronically with the Clerk of the Court to be served by operation of the Court’s electronic filing system upon the following: Barbara A. Seeley, Jan Shelly and Robert G. Johnson, Equal Employment Opportunity Commission, 1222 Spruce Street #8.100, St. Louis, MO 63105; and Chad A. Horner, GALLOP, JOHNSON & NEUMAN, L.C., 101 South Hanley Road, #1700, St. Louis, MO 63105.

7991448 08/25/06

/s/ Russell F. Watters

 
 Case 4:06-cv-00815-CAS Document 18-1 Filed 11/09/2006 Page 1 of 6

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Case 4:06-cv-00815-CAS Document 18-1 Filed 11/09/2006 Page 6 of 6
/s/ Russell F. Watters Russell F. Watters, #4653 Irene J. Marusic, #102941 BROWN & JAMES, P.C. 1010 Market Street, 20th Floor St. Louis, Missouri 63101-2000 314-421-3400 314-421-3128 – FAX rwatters@bjpc.com imarusic@bjpc.com
CERTIFICATE OF SERVICE I hereby certify that on 9th day of November, 2006, the foregoing was filed electronically with the Clerk of the Court to be served by operation of the Court’s electronic filing system upon the following: Barbara A. Seeley, Jan Shelly and Robert G. Johnson, Equal Employment Opportunity Commission, 1222 Spruce Street #8.100, St. Louis, MO 63105; and Chad A. Horner, GALLOP, JOHNSON & NEUMAN, L.C., 101 South Hanley Road, #1700, St. Louis, MO 63105.
/s/ Russell F. Watters
+(3&349I : I / I

 
 Case 4:06-cv-00815-CAS Document 31 Filed 01/22/2007 Page 1 of 1

UNI1'BD STATUS DISTlUCr COURT
BASTBRNDlSTIUCl' OF MlSSOUJU BAS'I'BRN DIVJ8JON

BQUAL BMPLOYMllNT OPPOllTUNITY COMMISSION, aT AL.
VI.
SAPPINGTON OAlU)BN SHOP COMPANY. ETAL.

)

)

)

)

)

Case No.4:"""""',

)

)

)

)

)

fDPULATlON FOltDISMISSAL WllH PRBltJ])q

Came Now, Intwvenor PlaIntiff, S4brIna Kaplc("lCaplo"), and DefemIanu. SappInatoo Garden Shop

Company and N.G. HeImoa OreorIhouse Company. Ino.. by IIId tbro. Ihclr IlitOrDeyII ofrecord, IIId hereby

"vdIoe. sUpula10 Ibat Kepio's _ ofIICtion apioat ead1 Dofi:IadanI .sbaIl be dlsmlsaed with

oaob party 10

bear Its own oosts.

Brown 6t. James, p.e.

OeIlop"lohoaon .It. NCUIllUI, L.c.

95?!1: ~~oq-----.~ G By:.R.usse~~

Crelsl.HoefiIr,13409

mne 1. Marualc, .102947 .

Chad A. Hon.,1#122773

1010 MaJbtStnet, 2O'lPloor

101 South HallleyRd., SullO 1700

St. Louis, MO 63101.2000

St. LouIs, Mluouri 6310S

(314) 421-3400

(314) 61,..(jOOO

(314) 421·3128 P_imllo

(314) 61S..(iOOi l'uIImiIe

Altom')'. for Intervalor Plaln1lff,

AItorIMYl1br Defendant. Sappinaton Garden Shop

Sabrina Kaple

~

118 D.

9

6 • MCl1UIIIIle, SuI1e 400

CIaytoIl, Mluourt 63IOS

(314) 863-6800

(314) 863-9388 PIlClImlIc

.

Attorney. IorN.G. ~ Company. Inc.

 
 Case 4:06-cv-00815-CAS Document 33-1 Filed 01/29/2007 Page 1 of 8

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff, and
SABRINA KAPIC,
Plaintiff/Intervenor, v.
SAPPINGTON GARDEN SHOP COMPANY, Defendant.

) ) ) ) ) ) ) ) CIVIL ACTION NO. 4:06-CV-815 CAS ) ) ) ) ) ) )

CONSENT DECREE

Plaintiff Equal Employment Opportunity Commission ("EEOC") instituted this action

against Defendant Sappington Garden Shop Company ("Sappington Garden") alleging that

Sabrina Kapic was subjected to sexual harassment by Sappington Garden. Ms. Kapic,

Plaintiff/Intervenor was permitted by the Court to intervene, through private counsel, in the

EEOC's suit to assert claims against Sappington Garden. Plaintiff/Intervenor also filed an

Amended Complaint in which she named N.G. Heimos Greenhouse Company, Inc. ("Heimos

Greenhouse") as an additional defendant. The EEOC did not assert any claim against Heimos

Greenhouse. Heimos Greenhouse is not a party to this Consent Decree and will be dismissed

from the lawsuit by a separate agreement between Heimos Greenhouse and Plaintiff/Intervenor.

Sappington Garden shall also be dismissed from Plaintiff/Intervenor's claims against Sappington

Garden pursuant to the separate settlement agreement, to which Sappington Garden is also a

party.

Case 4:06-cv-00815-CAS Document 33-1 Filed 01/29/2007 Page 2 of 8
For purposes of settlement and compromise only, and with no admission ofliability by Sappington Garden, the EEOC and Sappington Garden have advised the Court that they wish to resolve the instant controversy without the expense, delay, and burden of further litigation.
The parties acknowledge that the settlement of this lawsuit and entry ofthis Consent Decree, is not and shall not be construed as an admission that Sappington Garden has violated Title VII, or any state or federal law, nor shall it be construed as or deemed an admission by Sappington Garden that it has any liability whatsoever to Plaintiff/Intervenor or the EEOC, such liability being expressly denied.
THEREFORE, it is the finding of this Court, made on the pleadings, the record as a whole, and upon agreement of the parties, without an admission or finding of liability on the part of Sappington Garden, that (I) this Court has jurisdiction over the parties to the Consent Deeree and the subject matter of this action; (ii) the requirements of Title VII and any and all other relevant federal and state laws ("relevant laws") will be carried out by the implementation of this Decree; (iii) this Decree is intended to and does resolve all matters in controversy in this lawsuit among all the parties to this Decree; and (iv) the terms of this Decree constitute a fair and equitable settlement of all issues in this lawsuit.
IT IS THEREFORE ORDERED, ADJUDGED, AND DECREED as follows: I. General Provisions
I. This Consent Decree is being entered with the consent of the parties for purposes of settlement and shall not constitute an adjudication on the merits of this lawsuit or be construed as an admission by Sappington Garden of any violation of the relevant laws, or any other executive order, law, rule or regulation dealing with sex discrimination, sexual harassment or retaliation in the employment. Plaintiff EEOC acknowledges that Heimos Greenhouse and Sappington

Case 4:06-cv-00815-CAS Document 33-1 Filed 01/29/2007 Page 3 of 8

Garden have asserted that Heimos Greenhouse is not a proper party to this lawsuit, and that under

no legal theory may employees of Heimos Greenhouse properly be counted as employees of

Sappington Garden or employees of Sappington Garden be counted as employees ofHeimos

Greenhouse.

2. Sappington Garden shall not discriminate against any employee by subjecting such

employee to sex discrimination or harassment. Sappington Garden denies that it is has subjected

any employee to sex discrimination or harassment.

3. Sappington Garden shall not discriminate against any employee because such

employee has opposed any practices alleged in this lawsuit to be unlawful under Title VII, has

participated in an investigation related to this lawsuit or has participated in this lawsuit.

Sappington Garden denies that it has engaged in such conduct.

II. Relief for Intervenor Plaintiff

I.

Pursuant to the above-referenced separate settlement agreement, Sappington

Garden shall pay Sabrina Kapic and her attorneys a total of $75,000 (Settlement Sum) to settle

the Title VII claim brought by the EEOC on her behalfand the Title VII claims brought by Ms.

Kapic as Plaintiff/Intervenor. One or more checks for such total amount shall be mailed to

Russell F. Watters, Plaintiff/Intervenor's attorney, within seven (7) days of the entry of this

Decree, along with an itemization of mandatory deductions for the employee's share of FICA and

applicable federal and state income tax withholdings from that portion of the Settlement Sum

designated as back wages.

2.

The individual alleged to have harassed Plaintifl' is no longer employed by

Sappington Garden. Sappington Garden shall not re-employ that individual.

Case 4:06-cv-00815-CAS Document 33-1 Filed 01/29/2007 Page 4 of 8

3.

With the exception of the relief provided for in this Decree, the Plaintiff EEOC

hereby dismisses, with prejudice, any and all claims against Sappington Garden for attorneys'

fees, expenses, costs, back pay, front pay, compensatory damages, punitive damages, and any

other relief, sought by Plaintiff EEOC on behalf of Ms. Kapic or on behalf of Plaintiff EEOC.

4.

Within thirty (30) days of the Court's entry of this Decree, Sappington Garden

shall direct its General Manager Mark LaBarge to prepare and sign a letter of reference in the

form sho\\in in Exhibit A on appropriate company letterhead, and to make a copy of the signed

letter part of the permanent employment record of Ms. Kapic.

5.

In the case of any inquiries hy prospective employers directed to the General

Manager of Sappington Garden regarding Ms. Kapic's employment, Sappington Garden shall

limit its response to the information contained in Exhibit A. Sappington Garden shall take

reasonable steps to instruct its workforce to refer any reference request by a prospective employer

of any former employee to its General Manager for response.

6. Within thirty (30) days of the Court's entry of this Decree, Sappington Garden

shall mail a copy of Exhibit A to Russell F. Watters at Brown & James, P.C., 1010 Market

Street, Suite 20th Floor, St. Louis, Missouri 63101, and to Robert G. Johnson, Regional

Attorney, Equal Employment Opportunity Commission, 1222 Spruce Street, St. Louis, Missouri

63103.

III. Injunctive Relief

I. Within thirty (30) days of the Court's entry of this Decree, Sappington Garden

shall provide a copy of its sex harassment policy, attached as Exhibit B, to all current employees.

All new employees will receive a copy of Exhibit B with new-hire paperwork.

Case 4:06-cv-00815-CAS Document 33-1 Filed 01/29/2007 Page 5 of 8
2. Sappington Garden shall provide training on sex harassment to all of its employees no later than I20 days following the execution of this Decree. The training for supervisors and managers shall include supervisor and management responsibilities regarding complaints of sex harassment. Thirty (30) days prior to the training, training materials will be submitted to Robert G. Johnson, Regional Attorney, Equal Employment Opportunity Commission, 1222 Spruce Street, St. Louis, Missouri 63103, for comment. Sappington Garden will provide a roster of attendees of its sexual harassment training to the EEOC's Regional Attorney, Robert G. Johnson, within thirty (30) days of its completion.
3. Sappington Garden also agrees tbat it will sign and conspicuously post the Notice to Employees and Applicants attached as Exhibit C at its facility and will continue to post it for a period of one (1) year from the date of execution of this Decree.
4. The parties agree that the EEOC is authorized to investigate compliance with this Decree, and this Decree may be specifically enforced in court by tbe EEOC, and may be used as evidence in a subsequent proceeding in which a breach of this Decree is alleged.
5. Sappington Garden shall keep records of all written internal complaints, if any, of possible sexual harassment received during the term of this Decree, and shall retain such written records for a period of three (3) years from the date of receipt of each such complaint.
IV. Posting of Required Notices I. Within thirty (30) days of the Court's entry of this Decree, Sappington Garden shall post the notice attached to this Decree as Exhibit C on the employee bulletin board of its facility. Sappington Garden shall continue to post the notice required by 29 CPR 1601.30.

Case 4:06-cv-00815-CAS Document 33-1 Filed 01/29/2007 Page 6 of 8
V. Reporting and Monitoring I. Within six (6) months of the entry of this Decree, Sappington Garden shall provide -wTitten notice to the EEOC of compliance with the requirements set forth in Sections II, III, and IV of this Decree to Robert G. Johnson, Regional Attorney, Equal Employment Opportunity Commission, 1222 Spruce Street, St. Louis, Missouri 63103. Such notice shall include copies of any and all documents referenced or described in Sections II, III. and IV not already provided to the EEOC. 2. For a period of two (2) years following entry of this Decree, Sappington Garden shall provide written notice to Robert G. Johnson, Regional Attorney, Equal Employment Opportunity Commission, 1222 Spruce Street, St. Louis, Missouri 63103, of all written or formal complaints, if any, regarding possible sexual harassment at the Sappington Garden facility. Such notice shall include the name of the person making the complaint, the name ofthe alleged harasser, the nature of the complaint, and the resolution of the complaint following the company's investigation, and shall be provided within ninety (90) days of the company's receipt of any such VITitten or formal complaint.
VI. Term and Effect of Decree I. By entering into this Decree the parties do not intend to resolve any charge other than the charge filed by Sabrina Kapic that created the jurisdictional foundation for the EEOC's Complaint filed in this case. 2. This Decree shall be binding upon the EEOC and Sappington Garden, and their successors and assigns. 3. This Decree shall be in force for a period of two (2) years. The Court shall retain jurisdiction of this case for purposes of enforcement of the Consent Decree. The term of the

Case 4:06-cv-00815-CAS Document 33-1 Filed 01/29/2007 Page 7 of 8

Consent Decree can be extended only upon a showing that Sappington Garden has substantially tailed to comply with a material term of this Decree after having been given notice of any such failure to comply and a reasonable opportunity to correct any such non-compliance.
4. The parties to this Decree shall bear their own costs and attorneys' fees, except as otherwise set forth in this Decree.

~~7 DATE: January

~
CHARLES A. SHAW UNITED STATES DISTRICT JUDGE

Case 4:06-cv-00815-CAS Document 33-1 Filed 01/29/2007 Page 8 of 8

FOR DEFENDANT:
Jkr/v~ by Mark LaB.~;;u;; Sappington Gatden Shop Company, Iru::.

FOR PLAINTIFF:

~ t ~l..~_,~

ROBERT G. JOHNSON

/lN

. Attomcy

B.A:R.BARAA. ELY SupetviSIOf}' Tlial Att:orru:y

/~c
MJiiVINJiKENNEDY
Senior Trial .Attorney
St. Louis District Office
1222 Spruce, Room 8.100 St. Louis, MO 63103
(314) 539-7915

Case 4:06-cv-00815-CAS Document 33 Filed 01/29/2007 Page 1 of 4 EXHIBIT A
(Company le~ To Wkotn It May Conce=
Sabrina Kllpic -~ employed as 1m hourly wol:ket at Sa?Pington Gal:den Shop Compaoy u a ca;hiu. Ms. Kapic's petfnnm.nce- 5atiaf:actoty in all ~cspcciS.
:By;~---------
2

Case 4:06-cv-00815-CAS Document 33 Filed 01/29/2007 Page 2 of 4 3

Case 4:06-cv-00815-CAS Document 33 Filed 01/29/2007 Page 3 of 4
Ie~~ssignment. probatioo,. SU!Ipewion or imml:dit.te t.l\tlni.aatioo ofe1nployment of the penon who
'riob.tO:I tbis polky.
The Com11any will not re.tliliate, or roleralll retaliation by otbess. ~~t tnyone 'Who. in .,00 faith,
cooperatid in my investigation OI made ,. ..ompl!oint under this poliq. The Companl illoo will oomply with fedet3l, mte and lottlla1111 requiring naaooabl.c ac:c:ommodation of l qualified lndividud with: ._ di&miity, and of n:liRion. Anyone ni:c:ding II.OCOiflf.!l()()Qtion should prottipdy so advi»e the Genua!. Manager of the Gift Shop Managtt.
4

Case 4:06-cv-00815-CAS Document 33 Filed 01/29/2007 Page 4 of 4
BXHJBITC
(Company letterhead) NOTICE TO EMPLOYEES
This noria: is bc:in& posted piJlSillnt to a Cooaettt Dea:a: c:nu:red to =olve ihe
c~~&e of Equal Employmetlt Opportunity C.onun.l.ali011, et al, v. Sappington Garden Shop
Co., 06cvOOS15CAS, on fih! in the United States Disttict Coun for the Eafb'Dl District of
Mi~~Souti. Sap~ Garden Shop Company admil#d uo wrongdoing or liability with reapcct to the lllkgations in that case.
Feac:tal and Mistowi laW& prohibit disctimi!llltion ~t 11.ny employee or applicant
for employment bet:luse of the individwd'& disability, race, natiorml origin, colot., rcligioo. sex, or age (fatty and over) with respect to hisiog. promotion, firing, compeflntiotl, ot othtt tc:Ims, cOndidmi.s or privileges of cmploymm.t. 5\uch bwi also prohibit retatiation against employees because they have tepottc:d ot opposed practices thu they believe discriminate on the ballil of disability, race, national orlgin, colot, religlnn, sa, or age (fott:y or ovtt), have filed cha.tges with the Equal Employment Oppottunity COII'IIclaslon C'EEOC'') or odu:t gm'I!Il'llnCnt ageucy, or hsve participated in or coopented with an investigation by the
EEOC IX other go~t agetlCY· In patticular, Federal and Mi.saourllaws prohibit an employet &om discritninating
p s t employees bued on sex, including the sexual harass.meru: of employee•. It is
Sappiogton Garden's policy to support tnd comply wil:h su.ch laws and, futtlw:, 1:0 take no action against any employe:etl for exetcisi:ng the:il: sights under: such laws. Tt is Sappington Garden's policy not to toletatc: sex diJaimlnarion, sexual h:uusment, or retaliation against any employees who repon or oppolll! sex discrimination or stsual hatsiii!Dellt.
In accotdance with S~ Guden's policy, employees are ftte to teport instll.f!CeS of possible Belt diocriminmon or se:rua1 h>nusment to its General Ma!laF ot Gift Shop M~~naget at any tl:me. Sappington Garden ha~ po1ides and. pr~s .in place 10
promptly investigate snt:b reports IUid to protect du: pen;ons mall.i!Jg SllCh rcpotts &om
retaliation. Employees also ue ftee to rnakl: inqtlk!.ea or compWntl about posaible sez discrimination, ~ hllllillsmmt, ot retallation to the EEOC, 1222 Spmce Street, St. Louis, Missouri, 63103.314--539-7800.
5

 
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ADR, CLOSED, TRCK2
U.S. District Court Eastern District of Missouri (LIVE) (St. Louis) CIVIL DOCKET FOR CASE #: 4:06-cv-00815-CAS

Equal Employment Opportunity Commission, et al. v. Sappington Garden Shop Company Assigned to: Honorable Charles A. Shaw Cause: 42:2000e Job Discrimination (Employment)

Date Filed: 05/23/2006 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

Plaintiff
Equal Employment Opportunity Commission

represented by Barbara A. Seely EEOC 1222 Spruce Street Room 8.100 St. Louis, MO 63103 314-539-7910 Fax: 314-539-7895 Email: barbara.seely@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Jan Shelly EEOC 1222 Spruce Street Room 8.100 St. Louis, MO 63103 314-539-7910 Fax: 314-539-7895 Email: jan.shelly@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Melvin D. Kennedy EEOC 1222 Spruce Street Room 8.100 St. Louis, MO 63103 314-539-7910 Fax: 314-539-7895 Email: melvin.kennedy@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Robert G. Johnson EEOC 1222 Spruce Street Room 8.100

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V. Intervenor Plaintiff Sabrina Kapic TERMINATED: 01/22/2007
V. Defendant Sappington Garden Shop Company
Defendant N.G. Heimos Greenhouse Company, Inc. TERMINATED: 01/22/2007
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St. Louis, MO 63103 314-539-7910 Fax: 314-539-7895 Email: robert.johnson@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Russell F. Watters BROWN AND JAMES, P.C. 1010 Market Street 20th Floor St. Louis, MO 63101 314-421-3400 Fax: 314-421-3128 Email: rwatters@bjpc.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Chad A. Horner GALLOP & JOHNSON 101 South Hanley Suite 1700 St. Louis, MO 63105 314-615-6000 Fax: 314-615-6001 Email: cahorner@gjn.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Craig J. Hoefer POLSINELLI AND SHALTON, P.C. 7733 Forsyth Boulevard 12th Floor St. Louis, MO 63105-1814 (314) 889-8000 Fax: (314) 727-7166 Email: choefer@polsinelli.com ATTORNEY TO BE NOTICED
represented by Nicole S. Zellweger BLUMENFELD AND KAPLAN, P.C. 168 N. Meramec
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Suite 400 St. Louis, MO 63105-3763 314-863-0800 Fax: 314-863-9388 Email: nsz@bks-law.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
James D. Bass BLUMENFELD AND KAPLAN 168 N. Meramec Fourth Floor St. Louis, MO 63105-3763 314-863-0800 Fax: 314-863-9388 Email: jdb@bks-law.com ATTORNEY TO BE NOTICED

Date Filed 05/23/2006
05/23/2006 06/05/2006 07/24/2006 07/26/2006
07/26/2006 07/26/2006
08/14/2006

#

Docket Text

1 COMPLAINT against Defendant Sappington Garden Shop Company with Jury Demand filed by Plaintiff Equal Employment Opportunity Commission. Waivers issued 1, Disclosure of Corporate Interest issued to Sappington Garden Shop Company. (Attachments: # 1 Civil Cover Sheet # 2 Original Filing Form)(CDD, ) (Entered: 05/25/2006)
WAIVER of Service issued for Defendant Sappington Garden Shop Company. (CDD, ) (Entered: 05/25/2006)
2 ENTRY of Appearance by Chad A. Horner for Defendant Sappington Garden Shop Company. (Horner, Chad) (Entered: 06/05/2006)
3 ANSWER to Complaint by Sappington Garden Shop Company.(Horner, Chad) (Entered: 07/24/2006)
4 RULE 16 ORDER This case is assigned to Track: PTRACK 2 Joint Scheduling Plan due by 8/17/2006. Rule 16 Conference set for 9/1/2006 09:35 AM in Courtroom 12N before Honorable Charles A. Shaw.. Signed by Judge Charles A. Shaw on 7/26/06. (LGK, ) (Entered: 07/26/2006)
5 ENTRY of Appearance by Craig J. Hoefer for Defendant Sappington Garden Shop Company. (Hoefer, Craig) (Entered: 07/26/2006)
6 DISCLOSURE OF CORPORATION INTERESTS CERTIFICATE by Defendant Sappington Garden Shop CompanyParent companies: None, Subsidiaries: None, Publicly held company: None,. (Horner, Chad) (Entered: 07/26/2006)
7 MOTION to Intervene filed by Sabrina Kapic. (Watters, Russell) Modified on 8/15/2006 (KXS, ). (Entered: 08/14/2006)

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08/17/2006
08/17/2006 08/25/2006 09/01/2006
09/01/2006 09/08/2006 10/02/2006 11/01/2006 11/06/2006 11/09/2006

8 MEMORANDUM AND ORDER -...IT IS HEREBY ORDERED that movant Sabrina Kapic's motion to intervene is GRANTED and she is joined as a party plaintiff. IT IS FURTHER ORDERED that the Clerk of the Court shall amend the caption of this case to read as follows" Equal Employment Opportunity Commission, plaintiff and Sabrina Kapic, intervenor plaintiff v. Sappington Garden Shop Company, defendant. No. 4:06-CV-815 CAS. The parties shall use this caption on all future pleadings. IT IS FURTHER ORDERED that plaintiff shall file her complaint by August 28, 2006 re:7 MOTION to Intervene filed by Sabrina Kapic, . Signed by Judge Charles A. Shaw on 8/17/2006. (MRC, ) (Entered: 08/17/2006)
9 JOINT SCHEDULING PLAN by Intervenor Plaintiff Sabrina Kapic, Plaintiff Equal Employment Opportunity Commission, Defendant Sappington Garden Shop Company. (With Plaintiffs' Consent). (Hoefer, Craig) (Entered: 08/17/2006)
10 Intervenor COMPLAINT JuryDemand,, filed by Sabrina Kapic.(Watters, Russell) (Entered: 08/25/2006)
11 CASE MANAGEMENT ORDER This case is assigned to Track: 2 Motion to Join Parties due by 12/1/2006. Discovery Completion due by 5/1/2007. ADR Future Reference 11/1/2006. Dispositive Motions due by 6/4/2007. Jury Trial set for 11/13/2007 09:00 AM in Courtroom 12N before Honorable Charles A. Shaw. Pretrial Conference set for 11/9/2007 02:00 PM in Courtroom 12N before Honorable Charles A. Shaw. Pretrial Compliance due by 10/24/2007. Signed by Judge Charles A. Shaw on 9/1/06. (KXS, ) (Entered: 09/01/2006)
12 Minute Entry for proceedings held before Judge Charles A. Shaw : Rule 16 Conference held on 9/1/2006. (Court Reporter or FTR Gold Operator initials:none.) (FTR Gold yes or no: no.) (proceedings started: 9:40.) (proceedings ended: 9:43.) (JWJ, ) (Entered: 09/07/2006)
13 ANSWER to Intervenor Complaint (with Affirmative Defenses) by Sappington Garden Shop Company.(Horner, Chad) (Entered: 09/08/2006)
14 ENTRY of Appearance by Melvin D. Kennedy for Plaintiff Equal Employment Opportunity Commission. (Kennedy, Melvin) (Entered: 10/02/2006)
15 ORDER REFERRING CASE to Alternative Dispute Resolution. This case is referred to: Mediation Designation of Lead Counsel: Barbara Seely ADR Completion Deadline due by 1/2/2007. Designation of Neutral due by 11/11/2006. ADR Conference Schedule due by 11/11/2006. Signed by Judge Charles A. Shaw on 11/1/06. (KXS, ) (Entered: 11/01/2006)
16 MOTION for Leave to File Amended Complaint by Intervenor Plaintiff Sabrina Kapic. (Attachments: # 1 Exhibit 1# 2 Attachment)(Watters, Russell) (Entered: 11/06/2006)
Docket Text ORDER re: Doc. 16, MOTION for Leave to File Amended Complaint by Intervenor Plaintiff Sabrina Kapic; ORDERED GRANTED. Intervenor plaintiff shall file her Amended Complaint, without any exhibit stickers and including the complete case number, by November 15, 2006. Signed by Judge Charles A. Shaw on November 9, 2006. (SMH) (Entered: 11/09/2006)

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11/09/2006
11/09/2006 11/13/2006
11/13/2006 11/14/2006 11/14/2006 11/14/2006
11/14/2006 11/29/2006 12/07/2006 12/07/2006 12/15/2006 12/15/2006

17 Designation of Neutral by parties and ADR Conference Report by Plaintiff Equal Employment Opportunity Commission Neutral: James G. Nowogrocki Date of Conference: December 13, 2006 time: 9:00 a.m. Location: 120 S. Central, Suite 750, St. Louis, MO 63105(Kennedy, Melvin) (Entered: 11/09/2006)
18 AMENDED COMPLAINT against defendant N.G. Heimos Greenhouse Company, Inc. Yes Summons(es) issued, Jury demand, , filed by Sabrina Kapic. (Attachments: # 1 Attachment)(Watters, Russell) (Entered: 11/09/2006)
***REMARK - The summons submitted as an attachment with plaintiff's Amended Complaint filed 11/9/2006 cannot be issued due to errors. Attorney notified of the errors and instructed to refile the summons appropriately. (MRC, ) (Entered: 11/13/2006)
19 MEMORANDUM to Clerk by Intervenor Plaintiff Sabrina Kapic. (Attachments: # 1 Attachment)(Watters, Russell) (Entered: 11/13/2006)
20 NOTICE of Appointment of Neutral Neutral name: James Nowogrocki. Neutral selected by parties, notice of appointment and order of referral e-mailed to Neutral Nowogrocki.(SAC, ) (Entered: 11/14/2006)
SUMMONS Issued as to defendant N.G. Heimos Greenhouse Company, Inc. (MRC, ) (Entered: 11/14/2006)
***REMARK - Summons submitted by plaintiff on 11/13/2006[Doc. #19], signed and sealed and returned to plaintiff via mail. Plaintiff contacted and instructed to file " Notice of Private Process Server".(MRC, ) Modified on 11/14/2006 (MRC, ). (Entered: 11/14/2006)
21 NOTICE OF PRIVATE PROCESS SERVER by Intervenor Plaintiff Sabrina Kapic Process Server Dennis Dahlberg, (Watters, Russell) (Entered: 11/14/2006)
22 SUMMONS Returned Executed filed by Sabrina Kapic. N.G. Heimos Greenhouse Company, Inc. served on 11/27/2006, answer due 12/18/2006. (Watters, Russell) (Entered: 11/29/2006)
23 ENTRY of Appearance by Nicole S. Zellweger for Defendant N.G. Heimos Greenhouse Company, Inc.. (Zellweger, Nicole) (Entered: 12/07/2006)
24 ENTRY of Appearance by James D. Bass for Defendant N.G. Heimos Greenhouse Company, Inc.. (Bass, James) (Entered: 12/07/2006)
25 Consent MOTION for Extension of Time to File Answer re 18 Amended Complaint by Defendant N.G. Heimos Greenhouse Company, Inc.. (Zellweger, Nicole) (Entered: 12/15/2006)
26 Designation of Neutral by parties and ADR Conference Report by Intervenor Plaintiff Sabrina Kapic, Plaintiff Equal Employment Opportunity Commission, Defendants N.G. Heimos Greenhouse Company, Inc., Sappington Garden Shop Company Neutral: James G. Nowogrocki Date of Conference: 12/13/06 time: 10:30 am Location: 120 S. Central Ave., St. Louis, MO(Nowogrocki, James) Modified on 12/18/2006 (MRC, ).[This document has been entered into the record incorrectly. This document is "Alternative Dispute Resolution Compliance Report" submitted by the neutral. ] (Entered: 12/15/2006)

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12/19/2006 12/19/2006
12/21/2006 01/18/2007 01/18/2007 01/22/2007 01/22/2007 01/26/2007 01/29/2007

Docket Text ORDER re: Doc. 25, Consent MOTION for Extension of Time to File Answer re 18 Amended Complaint by Defendant N.G. Heimos Greenhouse Company, Inc.; ORDERED DENIED without prejudice as moot, as the Court has been notified that this action has settled. Signed by Judge Charles A. Shaw on December 19, 2006. (SMH) (Entered: 12/19/2006)
27 ORDER IT IS HEREBY ORDERED that the November 13, 2007, trial setting is vacated and allpending motions are denied without prejudice.IT IS FURTHER ORDERED that counsel shall file, within thirty (30) days of the date ofthis order, a stipulation for dismissal, a motion for leave to voluntarily dismiss, or a proposed consentjudgment. Failure to comply timely with this order will result in the dismissal of this actionwith prejudice. Signed by Judge Charles A. Shaw on 12/19/06. (KXS, ) (Entered: 12/19/2006)
28 ADR COMPLIANCE REPORT by Neutral: James Nowogrocki. Date of Conference: December 13, 2006. The parties participated in good faith, and the parties DID achieve a settlement.(SAC, ) (Entered: 12/21/2006)
29 STIPULATION re 18 Amended Complaint, 1 Complaint, For Dismissal With Prejudice by Intervenor Plaintiff Sabrina Kapic, Plaintiff Equal Employment Opportunity Commission, Defendants N.G. Heimos Greenhouse Company, Inc., Sappington Garden Shop Company. (Hoefer, Craig) (Entered: 01/18/2007)
30 MOTION for Extension of Time to File Proposed Consent Decree ;Extension to file the following: Propsed Consent Decree ;Proposed extension date January 26, 2007 by Plaintiff Equal Employment Opportunity Commission. (Kennedy, Melvin) (Entered: 01/18/2007)
Docket Text ORDER re: Doc. 30, MOTION for Extension of Time to File Proposed Consent Decree by Plaintiff Equal Employment Opportunity Commission; ORDERED GRANTED. The Consent Decree shall be filed by January 26, 2007. Signed by Judge Charles A. Shaw on January 22, 2007. (SMH) (Entered: 01/22/2007)
31 ORDER OF PARTIAL DISMISSAL Party Sabrina Kapic and N.G. Heimos Greenhouse Company, Inc. terminated with prejudice. SO ORDERED. Signed by Judge Charles A. Shaw on 1/22/07. (KXS, ) (Entered: 01/22/2007)
32 NOTICE by Plaintiff Equal Employment Opportunity Commission Submission of Proposed Consent Decree for Approval: (Attachments: # 1)(Kennedy, Melvin) (Entered: 01/26/2007)
33 CONSENT DECREE (see order for further details). Case terminated. Signed by Judge Charles A. Shaw on 1/29/07. (Attachments: # 1 Exhibits)(KXS, ) (Entered: 01/30/2007)

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