IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF ARKANSAS-
WESTERN DIVISION

FDlst-R~CQ,
U L.'. _ • I ..... EASTERN [Y,STR,CT A N

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff, v. A. TENENBAUM COMPANY, INC.
Defendant

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4-05 CYOOOOll17G

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CIVIL ACTION NO,

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COMPLAINT

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) JURY TRIAL DEMAND
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NATURE OF THE ACTION This is an aetion under Title VII of the Civil Rights Act of 1964, as amended ("Title VII"), and Title I ofthc Civil Rights Act of 1991 to correct unlawful employment practices on the basis of sex, and to provide appropriate relief to Nila McPherson who has been adversely affected by such practices. Nila McPherson was denied hire at A. Tenenbaum Company, Inc. because ofher sex in violation of Title VIr.
JURISDICTION AND VENUE L lurisdictionofthis Court is invokedpursuantto 28U.S.C. §§451, 1331, 1337, 1343, and 1345. This is an action authorized and instituted pursuant to §706(f)(1) and (3) and §706 and §707 of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.c, §2000e, et~. ("Title VII"). 2. The employment practices alleged to be unlawful were and are now being committed within the jurisdiction of the United States District Court for the Eastern District of Arkansas, Western Division.

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 §706(f)(1) and (3) and

§707 ofTitle VII, 42 U.S.C. §2000-5(f)(1) and (3), and 42 U.S.C. §2000-6.

4. At all relevant times, Defendant, A. Tenenbaum Company, Inc. ("Defendant

Employer"), was a corporation doing business in the State of Arkansas and the City ofNorth Little

Rock and has continuously had at least fifteen (15) employees.

5. At all relevant times, Defendant Employer has continuously been and is now an

employer engaged in an industry affecting commerce within the meaning of§701(b), (g), and (h) of

Title VII, 42 U.S.C. §2000e(b), (g), and (h).

STATEMENT OF CLAIMS

6. More than thirty (30) days prior to the institution of this lawsuit, Nila McPherson

filed a charge of discrimination with the Commission alleging violations ofTitle VII by Defendant.

All conditions precedent to the institution of this lawsuit have been fulfilled.

7.

From on or around July 1,2004, and continuing, Defendant Employer has

engaged in unlawful employment practices at its facility in North Little Rock, Arkansas, in

violation of §703(a) of Title VII, as amended, 42 U.S.C. §2000e-2(a). The unlawful practices

include, but are not limited to, discrimination against Nila McPherson by refusing to hire Ms.

McPherson because of her sex (female).

8. The effect of the practices complained of above has been to deprive Nila

McPherson of equal employment opportunities and otherwise adversely affect her status as an

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applicant or employee. 9. The unlawful employment practices complained of above were and are
intentional. 10. Defendant Employer at all relevant times acted with malice or reckless
indifference to the federally protected rights of Nila McPherson. PRAYER FOR RELIEF
WHEREFORE, the Commission respectfully prays that this Court; A. Grant a permanent injunction enjoining the Defendant Employer, its officers, successors, assigns and all persons in active concert or participation with it, from engaging in any employment practice which discriminates on the basis of sex. B. Order Defendant Employer to institute and carry out policies, practices, and programs which provide equal employment opportunities for females which eradicate the effects of its past and present unlawful employment patterns and practices. C. Order Defendant Employer to make whole Nila McPherson by providing appropriate backpay with prejudgment interest, in amounts to be determined at trial, and provide other affirmative relief necessary to eradicate the effeets of its unlawful employment practices, including but not limited to placement in a job comparable to the one for which she applied. D. Order Defendant Employer to make whole Nila McPherson by providing compensation for past and future pecuniary losses resulting from the unlawful employment practices described above, including medical andlor counseling expenses, job search expenses, and other appropriate expenses, in amounts to be determined at trial. E. Order Defendant Employer to make whole Nila McPherson by providing
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compensation for past and future non pecuniary losses resulting from the unlawful practices complained ofabove, including emotional pain, suffering, embarrassment, inconvenience, loss of enjoyment of life, and humiliation, in amounts to be determined at trial.
F. Order Defendant Employer to pay Nila McPherson punitive damages for its malicious and/or reckless conduct described above, in an amount 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.
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JURY TRIAL DEMAND The Commission requests a jury trial on all questions of fact raised by its Complaint.
ERIC S. DREIBAND General Counsel
JAMES L. LEE
Deputy General Counsel GWENDOLYN YOUNG REAMS
, JR. lal Attorney
\'\)W~ I~W~ ~#88081
PAMELA B. dIXO
Senior Trial Attorney AR# 95085 EQUAL EMPLOYMENT OPPORTUNITY
COMMISSION 820 Louisiana St., Ste. 200 Little Rock, Arkansas 72201 Telephone: (501) 324-5539
(SOl) 324-5065
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 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF ARKANSAS
WESTERN DIVISION

EQUAL EMPLOYMENT OPPORTUNITY )

COMMISSION,

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Plaintiff,

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v.

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A. TENENBAUM COMPANY, INC.

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Defendant.

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CIVIL ACTION NO. 4:05CVOOOOII17 GTE

CONSENT DECREE

This action was instituted by the Equal Employment Opportunity Commission

(hereinafter the "Commission") against the Defendant, A. Tenenbaum Company, Inc.,

(hereinafter "Defendant"), to enforce the provisions of Title VII of the Ci vii Rights Act of 1964,

as amended, 42 U.S.C. § 2000e et seq. (Title VII), and the Civil Rights Act of 1991, 42 U.S.C.

§1981 a, and to remedy unlawful practices alleged in the Complaint filed in this action.

Plaintiffs complaint alleged that Defendant failed to hire Nila Jo McPherson for a position at its

North Little Rock facilities beeause of her sex (femaie).

In the event this proposed Consent Decree is not approved or does not become final, then

it shall not be admissible in evidence in any subsequent proceeding in this action. This Decree

shall not be admissible in any other civil actions other than actions arising out of the rights and

obligations of the parties under this Decree.

Further, nothing herein shall be deemed to be an admission by Defendant that it has at

any time or in any manner violated Title VII of the Civil Rights Aet of 1%4, as amended.

'Ibis decree constitutes the entire agreement and commitments of the parties. Any modifications to the agreement must be mutually agreed upon in writing and signed by the parties hereto.
The Court has reviewed the terms of the proposed Consent Decree in light of the applicable laws and regulations and the statements of counsel for all parties and hereby approves the Consent Decree.
NOW, THEREFORE, the Court being fully advised in the premises, it is hereby ORDERED, ADJUDGED AND DECREED:
I. JURISDICTION The United States District Court for the Eastern District of Arkansas, Western Division, has jurisdiction over the parties and subject matter of this litigation.
II. SCOPE AND DURATION OF DECREE A. This Consent Decree resolves all issues and claims arising out of the Commission's Complaint in this cause alleging unlawful employment policies and practices maintained by the Defendant and arising out of Charge No. 251-2004-04054 filed by Nila Jo McPherson with the Commission. The Commission agrees that pursuant to the terms of this consent decree this lawsuit will be dismissed with prejudice. Notwithstanding any provisions contained in this Decree, this Agreement shall not be considered in any manner to be dispositive of any charges now pending before any office of the Commission other than Charge No. 2512004·04054. B. The provisions of this Consent Decree shall continue to be effective and binding upon the parties to this action for a period of three years from the date of the entry of this Decree.

III. NON-DISCRIMINATION PROVISION Defendant, its officers, agents, employees, and all persons acting in concert with the Defendant agree to comply with the provisions of Title VII or other applicable law which prohibits discrimination based on sex.
IV. TRAINING Defendant agrees to engage in additional training of its hiring officials, supervisors, and managers in the requirements of Title VII ofthe Civil Rights Act of 1964, as amended, regarding the prevention of sex discrimination, according to the following terms: A. The training session will include at least two (2) hours of instruction. B. The training will include the following topics: what constitutes sex discrimination; how to prevent, identify and remedy sex discrimination; what constitutes retaliation; and Defendant's policy against sex discrimination and retaliation, including procedures and responsibilities for reporting, investigating and remedying conduct an employee or applicant believes may constitute sex discrimination. C. Within sixty (60) days after execution ofthis Consent Decree by the parties, Defendant shall submit to the Commission the date of the proposed training session and a detailed outline of the proposed training. The Commission will have thirty (30) days after the date of receipt of such information to accept or reject the training proposal. The Commission will not unreasonably withhold its approval ofthe proposal. Ifthe Commission does not approve the contents ofthe training session, the parties shall attempt to resolve the matter, and if unsuccessful, submit the dispute to the Court.
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D. This training session will be conducted within ninety (90) days after the date of the entry of this Consent Decree by the Court or within thirty (30) days of approval of the outline or resolution of disputes relating to same as set forth in (c) above, whichever occurs later.
E. Defendant within 120 days of this agreement shall provide documentation to the EEOC of training compliance for hiring officials, supervisors, and managers.
V. NON-RETALIATION PROVISION Defendant, its officers, agents, employees, and all persons acting in concert with Defendant shall not take any retaliatory measure against Nila Jo McPherson or any employee for opposing practices made unlawful under Title VII of the Civil Rights Act of 1964, as amended, or for making a charge or complaint to the EEOC, testifying, assisting, or participating in any manner in any investigation, proceeding, or hearing under Title VII of the Civil Rights Act of 1964, as amended.
VI. NOTICE Defendant shall conspicuously post the notice (poster) required to be posted by Title VII of the Civil Rights Act of 1964, as amended. Furthermore, Defendant shall conspicuously post the notice at Appendix A of this Decree for a one year period commencing within ten (10) days after entry of this Decree by the Court.
VII. INDIVIDUAL RELIEF A. Defendant shall deliver to the following address a cashier's check or business check payable to "Nita Jo McPherson" in the amount of $29,000 in damages.
Nita Jo McPherson 8414 E. Cherry Street Benton, AR 720 I5 The check should be mailed within ten (10) days after entry ofthis Decree by the Court.
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B. Defendant shall forward a copy of the check to William A. Cash Ir. at the EEOC Office in Little Rock, Arkansas.
VIII. COSTS Plaintiff EEOC and Defendant shall bear their own costs, including attorneys' fees.
SO ORDERED THIS ~-5~-Dti-AYOF (~ L £ : ,2006.
UNITED STATES DISTRICT JUDGE
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COUNSEL FOR PLAINTIFF
JAMES LEE
Deputy General Counsel GWENDOLYN YOUNG REAMS
TERRY BECK

COUNSEL FOR DEFENDANT
MITCHELL, WILLIAMS, SELIG GATES & WOODYARD, P.L.L.C. 425 W. Capitol Ave., Ste. 1800 Little Rock, AR 72201 Telephone: (501) 688-8863

~~~LbWL
Senior Trial Attorney
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Little Rock Area Office 820 Louisiana, Suite 200 Little Rock, Arkansas 72201 Telephone: (50 I) 324-5539
(50 I) 324-5065

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APPENDIX A NOTICE
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NOTICE
1. A. Tenenbaum Company has agreed to post this notice for one year to reinforce the company's policies concerning Title VII.
2. Federal law prohibits an employer from discriminating against employees based on their sex. Discrimination based on sex violates Title VII of the Civil Rights Act of 1964, as amended.
3. A. Tenenbaum Company supports and will comply with such Federal law in all respects and will work to prevent sex discrimination in the workplace.
4. A. Tenenbaum Company will not take any action against employees who exercise their rights by filing charges with the Equal Employment Opportunity Commission and/or testified, assisted or participated in any manner in any investigation, proceeding, hearing, or litigation under Title VII of the Civil Rights Act of 1964, as amended.

DATE

A. TENENBAUM COMPANY

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CLOSED, ENE, HDY, JURY
U.S. District Court Eastern District of Arkansas (Little Rock) CIVIL DOCKET FOR CASE #: 4:05-cv-01117-GTE

Equal Employment Opportunity Commission v. A Tenenbaum Company Inc Assigned to: Judge G. Thomas Eisele Cause: 42:2000e Job Discrimination (Employment)

Date Filed: 08/16/2005 Date Terminated: 04/25/2006 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

Plaintiff
Equal Employment Opportunity Commission

represented by Katharine W. Kores Equal Employment Opportunity Commission - Memphis 1407 Union Avenue Suite 621 Memphis, TN 38104 (901) 544-0135 TERMINATED: 04/04/2006 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Pamela B. Dixon Equal Employment Opportunity Commission - Little Rock 820 Louisiana Street Suite 200 Little Rock, AR 72201 (501) 324-5065 Email: pamela.dixon@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Terry Beck Equal Employment Opportunity Commission - Memphis 1407 Union Avenue Suite 621 Memphis, TN 38104 (901) 544-0138 Email: terry.beck@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

William A. Cash, Jr. Equal Employment Opportunity Commission - Little Rock

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V. Defendant A Tenenbaum Company Inc

820 Louisiana Street Suite 200 Little Rock, AR 72201 (501) 324-5539 Email: william.cash@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED
Adele Rapport Equal Employment Opportunity Commission - Memphis 1407 Union Avenue Suite 621 Memphis, TN 38104 901-544-0113 ATTORNEY TO BE NOTICED
represented by Leigh Anne Shults Mitchell, Williams, Selig, Gates & Woodyard, P.L.L.C. - LR 425 West Capitol Avenue Suite 1800 Little Rock, AR 72201 (501) 688-8863 Email: lshults@mwsgw.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jeffrey L. Spillyards Mitchell, Williams, Selig, Gates & Woodyard, P.L.L.C. - LR 425 West Capitol Avenue Suite 1800 Little Rock, AR 72201 (501) 688-8800 Email: jspillyards@mwsgw.com ATTORNEY TO BE NOTICED

Date Filed 08/16/2005 08/16/2005

#

Docket Text

1 COMPLAINT with jury demand against A Tenenbaum Company Inc filed by Equal Employment Opportunity Commission (fee waived); no summons issued(jap) Modified on 8/17/2005 (jap, ). (Entered: 08/17/2005)
Set Flags for HDY, Jury (jap) (Entered: 08/17/2005)

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09/01/2005 09/15/2005 09/15/2005 09/30/2005
09/30/2005 11/21/2005 12/12/2005
12/12/2005 02/16/2006 02/21/2006
02/21/2006 03/22/2006 03/22/2006 03/22/2006 03/22/2006

2 WAIVER OF SERVICE of summons and complaint Returned Executed by A Tenenbaum Company Inc. Inc on 8/22/2005, answer due 10/21/2005. (rjh) (Entered: 09/01/2005)
3 NOTICE of Appearance by Leigh Anne Shults on behalf of A Tenenbaum Company Inc (Shults, Leigh) (Entered: 09/15/2005)
4 ANSWER to Complaint by A Tenenbaum Company Inc.(Shults, Leigh) (Entered: 09/15/2005)
5 INITIAL SCHEDULING ORDER: Rule 26(f) Conference to occur by 11/28/2005. Rule 26(f) Report due by 12/12/2005. Jury Trial set for 5/22/2006 09:15 AM in Little Rock Courtroom #570 before Judge G. Thomas Eisele. At the Direction of the Court by Cherie Westbrook on 9/30/05. (cjw, ) (Entered: 09/30/2005)
6 CERTIFICATE OF MAILING by the Clerk re 5 Initial Scheduling Order, Set Scheduling Order Deadlines, (cjw, ) (Entered: 09/30/2005)
7 REPORT of Rule 26(f) Planning Meeting by A Tenenbaum Company Inc. (Shults, Leigh) (Entered: 11/21/2005)
8 FINAL SCHEDULING ORDER: Jury Trial set for 5/22/2006 09:15 AM in Little Rock Courtroom #570 before Judge G. Thomas Eisele. Discovery due by 3/9/2006. Motions due by 3/22/2006.Pretrial Disclosure Sheet due by 4/21/2006. By cjw on 12/12/05. (Entered: 12/12/2005)
9 CERTIFICATE OF MAILING by the Clerk re 8 Scheduling Order (cjw, ) (Entered: 12/12/2005)
10 MOTION for Extension of Time to Complete Discovery by Equal Employment Opportunity Commission. (Cash, William) (Entered: 02/16/2006)
11 (This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER GRANTING 10 MOTION for Extension of Time to Complete Discovery filed by Equal Employment Opportunity Commission. Discovery due by 3/24/2006. Motions due by 4/7/2006. Signed by Judge G. Thomas Eisele on 2/21/06. (cjw, ) (Entered: 02/21/2006)
12 CERTIFICATE OF MAILING by the Clerk re [11] Order(cjw, ) (Entered: 02/21/2006)
13 NOTICE of Appearance by Jeffrey L. Spillyards on behalf of A Tenenbaum Company Inc (Spillyards, Jeffrey) (Entered: 03/22/2006)
14 MOTION for Partial Summary Judgment Defendant's Motion for Partial Summary Judgment by A Tenenbaum Company Inc. (Attachments: # 1 Exhibit 1)(Spillyards, Jeffrey) (Entered: 03/22/2006)
15 BRIEF IN SUPPORT filed by A Tenenbaum Company Inc re 14 Motion for Partial Summary Judgment Defendant's Brief in Support of Motion for Partial Summary Judgment. (Spillyards, Jeffrey) (Entered: 03/22/2006)
16 STATUS REPORT by A Tenenbaum Company Inc. (Shults, Leigh) (Entered: 03/22/2006)

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03/22/2006 03/22/2006 03/24/2006 03/24/2006 03/27/2006 03/30/2006 03/31/2006 03/31/2006 04/04/2006 04/04/2006 04/04/2006 04/04/2006 04/04/2006 04/12/2006
04/12/2006 04/12/2006

17 STATUS REPORT by Equal Employment Opportunity Commission. (Dixon, Pamela) (Entered: 03/22/2006)
18 STATEMENT OF FACTS (Local Rule 56.1) re 14 Motion for Partial Summary Judgment filed by A Tenenbaum Company Inc. (Spillyards, Jeffrey) (Entered: 03/22/2006)
19 ORDER REFERRING CASE to Magistrate Judge H. David Young for Settlement Conference. Signed by Judge G. Thomas Eisele on 3/24/06. (rjh) (Entered: 03/24/2006)
20 CERTIFICATE OF MAILING by the Clerk re 19 Order Referring Case to Magistrate Judge for Settlement Conference (rjh) (Entered: 03/24/2006)
21 MOTION to Extend Time to Respond to Defendant's Motion for Summary Judgment by Equal Employment Opportunity Commission. (Dixon, Pamela) (Entered: 03/27/2006)
22 MOTION to Substitute Attorney (Proposed Order submitted) by Equal Employment Opportunity Commission. (Rapport, Adele) (Entered: 03/30/2006)
23 ORDER granting 21 Motion to Extend Time to respond to Deft's Motion for Summary Judgment on or before April 12, 2006. Signed by Judge G. Thomas Eisele on 3/31/06. (mkf, ) (Entered: 03/31/2006)
24 CERTIFICATE OF MAILING by the Clerk re 23 Order on Motion to Extend Time. (mkf, ) (Entered: 03/31/2006)
25 ORDER granting EEOC's 22 Motion to Substitute Attorney Adele Rapport, Acting Regional Attorney, for Katharine W. Kores, Regional Attorney. Signed by Judge G. Thomas Eisele on 4/4/06. (rjh) (Entered: 04/04/2006)
26 CERTIFICATE OF MAILING by the Clerk re 25 Order on Motion to Substitute Attorney (rjh) (Entered: 04/04/2006)
27 SCHEDULING ORDER (DOC): Settlement Conference set for 4/18/2006 at 9:30 a.m. in Little Rock, Courtroom #444 before Magistrate Judge H. David Young.(lej) (Entered: 04/04/2006)
28 CERTIFICATE OF MAILING by the Clerk re 27 Scheduling Order (lej) (Entered: 04/04/2006)
*** Attorney Katharine W. Kores terminated. (rjh) (Entered: 04/04/2006)
29 RESPONSE to Motion re 14 MOTION for Partial Summary Judgment Defendant's Motion for Partial Summary Judgment Plaintiff's Response To Defendant's Motion For Partial Summary Judgment filed by Equal Employment Opportunity Commission. (Cash, William) (Entered: 04/12/2006)
30 RESPONSE re 18 Statement of Facts (Local Rule 56.1) Plaintiff's Response to Defendant's Undisputed Facts by Equal Employment Opportunity Commission. (Cash, William) (Entered: 04/12/2006)
31 BRIEF IN SUPPORT filed by Equal Employment Opportunity Commission re 14 Motion for Partial Summary Judgment Plaintiff's Brief In Support Of Its Response To Defendant's Motion For Partial Summary Judgment. (Cash,

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04/12/2006 04/17/2006
04/18/2006 04/25/2006 04/26/2006

William) (Attachment: # 1 Exhibits 1-3: Deposition Excerpts added on 4/12/2006 (bfw). (Modified entry on 4/12/2006 to add Exhibits 1-3) (bfw). (Entered: 04/12/2006)
32 NOTICE OF DOCKET CORRECTION: 31 Brief in Support - (modified entry to attach Exhibits 1-3 that were omitted) (Copy of documents attached hereto for service on counsel) (bfw) (Entered: 04/12/2006)
33 RESPONSE in Support re 14 MOTION for Partial Summary Judgment Defendant's Motion for Partial Summary Judgment Reply Brief in Support of Defendant's Motion for Partial Summary Judgment filed by A Tenenbaum Company Inc. (Spillyards, Jeffrey) (Entered: 04/17/2006)
34 Minute Entry for Settlement Conference held before Judge H. David Young on 4/18/2006 in Little Rock. (Court Reporter Lorna Jones.) (lej) (Entered: 04/18/2006)
35 CONSENT DECREE by all parties. Signed by Judge G. Thomas Eisele on 4/25/06. (rjh) (Entered: 04/26/2006)
36 CERTIFICATE OF MAILING 35 by the Clerk (rjh) (Entered: 04/26/2006)

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