O RIGI N A L IN THE UNITED STATES DIS-RI ~~ CC[;R-

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CIVIL ACTION X10 .

V.
TRANSPORTATION SOL JT-OUS, 1NC .,

'~ 04 C' V Z$5

JJR" TR__~L DEMANDED

Defer_dar -_ .

)

COMPLAINT

WSD

This _s an ac--ion ~andet ":re Ecual ?ay Act of ~J6 .s a-iu fit=e

VII o~ -~_ne Civ_-l Rig"its Act of ~,9e4 -:o res-zrair_ -fte anlawfu1

paymenr- of wages to employees of one sex at rates less than the

rates paid 1:~o employees off tie capos--te sex, and to pYoy=ode

appropr--ate relies due to employees as a result of sLcr unlawful

practices . The EZOC', rereir.aite= referred 7::o as the "Comet-ssion",

alleges that 7-rar.spor--atior Solutions, inc ., hereinafter referred

to as the "Defendant", pays its female shi_fY supervisors, and in

parti~~slar Clarc-na party, `1eva Smit '-I, at wage rates which are less

than the rates paid ~o its -a--e

supervisors perfor-_ng

substa^--ially eqaal work, and ctherw2.se ~-_J-scr_-7-hates aga_-rs-_ prose

female shift supervisors because cf their sex .

JURISDICTION AND VENUE

1.

Jurisdiction of this "oa-t is 'nti-c{ed pursuant to 28

U .S .C . §6 45-, 13?l, , _JJ' 1393 and 135 . This acticz is au,:~hcrlzed

and instituted pLrsuart to Section 16(c) and 17 of t~i2 Far Labo=
MS CEIYED consent Ta v5 Flag ~pnetrEal last~~c~ens ~11tJaVII I'RC

Standards Act of 1938 !the "FLEA"?, as amended, 29 J S .r . 65 2_6 c and 21?, ~o enforce the recu-remer_ns of the Equal Pay Act of 1963, codified as Sec7ior. 6(d? of 4he FJSA, 29 J .S .V . § 206(d), and p1=suar_i to Sections 706 (f)(1) and (3)of Tile VII of the Civil Rights Pct of 1969, as amendea, 42 U .S .C . § 20OOe-5(-) (-) , +;3'i, and

2 . Tre employment pracn_ces alleged to be unlawful were

comma 7red within tie , u-isaictior. or vY:e United Siates District Court fcr the Northern District of Georgia, Atlanta Division .

PARTIES

3.

Plaintiff, the Equal Employment Opportunity CcTnission

( ire "Commission"!, is she agency of ire Ur_i7ed Siaies of A.7erica

charged wiih tie administration, inzerpreva0ior_ and er_rc-ce7er.z

the Equal Pay pct aid Tivle III, and is expressly authorized to

bring this action may- Section 16(c)and 17 o . the FISA, 29 U .S .C .

21E cane 217, as amended by Seciion 1 of Reorganization Plan loo .

1 of 1978, 92 Szat 378, and Public Law 98-532 (1984), 98 Spat .

2705 ; and by Section 7C6 (f) (1)and(3)of Tile VII, 92 U .S C . §§

2030e-5!f) +1? .

S . At all relevant times, Defendanz, Transportation

Solutions, inc ., has continuously been 3 Georgia corporanion, doing

business in nre Siare of Georgia and the City of Stockbridge, and

has continuously had ai lease 15 empicyees .

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5 . At all relevant ti7es, the Defendant has continuously been an employer engaged in an -ndLSiry affec7ir.g commerce within tre meaning o= Secoior_s 701(b), q) and sr ; of Title 'II, 42 U .S .C .
2000e-(b), (g) and (h) .

6 . At all relevar_n rimes, the Defendant has acted directly or izdireu7ly as an eTplcyer it relation to employees and has cor n-nuously beep an employer within the meaning of Section YA) of

the FySA, 29 U .S . C . § 203(d) .

7.

t all relevarv tires, the Jefendar_n has cor.ziruoss-y

employed eTn-cyees engaged it co---erce or in the production of

goods fir commerce wathiz the meaning of Sections 3(b), (i) and Q )

of the rLSA, 29 ;J .S .C . §§ 203 ;h,'., i,`. and Q) , or Pas contir.uoasly

beep an er'nerorise engaged in commerce oz in ~re product-or of

goods for cu---e=ce within the -caning of Sections 3(r) and !;S% of

the EISA, 29 U .S .C . 5§ 203(r) and s, in that said er_nerprise has

continjossly been an enterwrise whose ar.rual dross volume of sales

made or hus-ness done is not less ihar_ $500,000 .

STATEMENT OF CLAIMS

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More than nhirny days prior to the institution of this

lawsuit, Charging Party, N°VG Jlillt .'1, filed a charge with the
Commission alleging violations of Title VII by ohe Defendant . All cendiziors Drecedent to tie instituzior of girls lawsuio have beer_ fal-il led .

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9.

Since at ieast April 2002, :.re Defendanz has engaged in

unlawful employment practices at its StcckbrAge, Georgia facility,

in :=iclGtion o- Section Uecvior_s 7C3(a) of ';'itle VII, 42 U .S .C .

2CCCe .

'_'be practices referenced above include d-scriminaz=g

against Neva Smite and other s-7ilar'y situated female shiF-:~

supervisors with respecn zo their co7pensation, terms, ccndizicns,

and privileges of employment by paying female shift supervisors

lower wage gates nrar. were being paid to male shift supervisors,

because of their sex .

10 . The effeci of the practices complained of in paragraph

12, above, has beer. to derive heva Sminr and otter feral e sh--

sape=`T1SOT5 of equal C-""pioy[lL°I:t opportunities u_"1^ otherwise

adversely affect their status as employees, because o_` their sex .

11 . Size at leas April 2002, tree Defendant has willfully

violated Sections 6!uj !1? and 1 : a) 12) of the FLSA, 29 U .S .C .

§§ 2061d )

215(a) (2), by paying wages to its fen,a-e shift

supervisors, in ins Stcckbria;e, Georgia facility, ai rages less t'^.ar the rates paid to male shi=n supervisors in the same

esi3b-=shment fir sLlstar :.ially equal work en fobs the pe=fcr7arce

or whic^ requires equal skill, effort, and responsibility, and

which are performed under similar working conditions .

12 . Ns a resulo of the acts complained or above, the Defe^dar_7 unlawfully Pas withheld and is co-ziruirc to winrholu nhe

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pay7ent of wages due to Neva Smith and other similarly situaned

female shift supervisors .

PRAYER FOR RELIEF

Wherefore, The Compissior. requests that this Court :

F . Grant G perTanent -njur,czior enjoining the Defendann, its

officers, successes, ass=,rs ani a-- Uersons in acoive concert or

participation wiir -t, from engaging in any empicyyent practice

whiu~ discriminates on tree basis of sex . B . Grant a permarer7 -njLr_c=ion erjoirirc the Defeniant, ins
officers, successors, assigns and all persons in active concern or particzpavior_ with in, from discrimir.a-:=.g within any of its

establisr7ents between employees or. the basis or sex, by paying

wages no employees of one sex at rates less Than zhe rages at which

it nays wages no employees o- the opposite sex fcr subsLar_tial-y equal work on jobs the performance of which reqjires equal skill,

effort, anal responsib---ty, anal which are performed under similar

working conditions .

C.

Order the Defendant to institute and parry our policies,

practices and programs which provide equal employment opportunities

for women, and which eradicate The effects of its past and present

unlawful employmer_n pracnices .

D . order the Defendant to make whsle all individuals

adversely affecied by the unlawful practices described above by

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providing appropriate back-pay with preDLdymerv iztereso, -r

amour_is to be proved 3n trial, and ether affirmative reLief

necessary to eradicate the effec-~s of ins urlawfu1 emplcymer.-:~

p=acoi^es, including bat not --mined no Neva :min}: .

E,

Grant a ; ;adgment requiring the Defendarn to pay

appropriate back .,;ages -r amounts to be determined at trial, an

ecnal sum as liquidated damages or prejudcmert interest .n -yet: thereof, to employees whose wages are being unlawfully withheld as

a result of the acts ccmplained of abcve, including but not 11-ited

to Neva S-=th .

F . order the Defendant to make whole vrose employees whose

wages are beirg unlawfully wicrheld as a -esal= of the acts

co~'plained of above, by restraining the convirued witr_roldizg cf

amounts owing as bask wages with prejudg-ent interest, in amounts

to be deter-ined at trial .

G . Grant such further relies as this Court deems necessary ara proper in the public ir_merest .

H . Award the Commission its cosos of this action .

JURY TRIAL DEMAND The Commission requesvs a jury trial en all questions of fact raised by its c. omplain=

[sicr_aiures o .^, the tcllcr:ing page] 6

ERIC CRE---EVAND
General Counsel GWEN~~LYh YC/UNG REAMS Associate -Ze =a1 Coun
l rX ~9- G=, -~ovAL
Regional :~ ,~-orr_ey Ga . Bar No . e17 50 EuLniJ EMP7,GYMEK ~' OPPOR--LNI .'' COfr_["ISS-O'1 - Atlanta District Office 100 Alabama Street - Su-te 4R3C At-arza, GA 30303 (404'!562-6812 - direc-z (A09'SF2-c932 - qereral (9i,9 ;: 3E2-69C5 - tax
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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT 4F GEORGIA
ATLANTA DIVISION

EQUAL EMPLOYMENT OPPORTUNITY)

COMMISSION,

)

Plaintiff,

)

v.

)

TRANSPORTATION SOLUTIONS, INC ., )

Defendant .

)

CIVIL ACTION NO. 1 :04-CV-2854-WSD JURY TRIAL DEMANDED

FIRST AMENDED COMPLAINT This is an action under the Equal Pay Act of 1963 and Title VII of the Civil Rights Apt of 1964 to restrain the unlawful payment of wages to employees of one sex at rats less than the rates paid to employees of the opposite sex, and to provide appropriate relief due to employees as a result of such unlawful practices . The EEOC, hereinafter referred to as the "Commission", alleges that Transportation Solutions, Inc., hereinafter referred to as the "Defendant", pays its female shift supervisors, and in particular Charging Party, Neva Smith, at wage rates which are less khan the rates paid to its male shift supervisors performing substantially equal work, and otherwise discriminates against thane female shift supervisors because of their sex.

JURISDICTION AND VENUE 1 . Jurisdiction ofthis Court is invoked pursuantto 28 U.S .C . §§ 451, 1331, 1337, 1343 and 1345. This action is authorized and instituted pursuant to Section 16(c) and 17 of the Fair Labor Standards Act of 1938 (the "FLSA''), as amended, 29 U.S .C . §§ 21b(c) and 217, to enforce the requirements of the Equal Pay Act of 1963, codified as Section b(d) of the FLSA, 29 U.S .C . § 2Q6(d) ; and pursuant to Sections 706 (f)(1) and (3)of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S .C . § 2000e-5(f)(1),{3}, and (6) ("Title VII") 2. The employment practices alleged to be unlawful were committed within the jurisdiction of the United States District Court for the Northern District of Georgia, Atlanta Division.
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 of the Equal Pay Act and Title VII, and is expressly authorized to bring this action by Section 16(c)and 17 of the FLSA, 29 U.S .C . §§ 216(c) and 217, as amended by Section 1 of Reorganization Plan No. 1 of 1978, 92 Stat. 3781, and Public Law 98-532 (1984), 98 Stat. 2705 ; and by
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Section 706 G(l)and(3)ofTitle VII, 42 U.S .C. §§ 200Qe-5(t)(1) 4. At all relevant times, Defendant, Transportation Solutions, Inc ., has
continuously been a Georgia corporation, doing business in the State of Georgia and the City of Stockbridge, and has continuously had at least 15 employees.
5 . At all relevant times, the Defendant has continuously been an employer engaged in an industry affecting commerce within the meaning of Sections 701(b), (g) and (h) of Tale VII, 42 U.S .C . §§ 2004e-(b), (g) and (h).
6 . At all relevant times, the Defendant has acted directly or indirectly as an employer in relation to employees and has continuously been an employer within the meaning of Section 3(d) of the FLSA, 29 U.S .C. § 203(d) .
7 . At all relevant times, the Defendant has continuously employed employees engaged in commerce or in the production of goods for commerce within the meaning of Sections 3(b), (i) and 0) ofthe FLSA, 29 U.S.C. §§ 203(b), (i) and (j), or has continuously been an enterprise engaged in commerce or in the production of goods for commerce within the meaning of Sections 3{r} and {s} of the FLSA, 29 U.S .C . §§ 203{r} and (s), in that said enterprise has continuously been an enterprise whose annual gross volume of sales made or business lane is not less than $500,OQQ .

f ~' `
STATEMENT OF CLAIMS 8 . More than thirty days prior to the institution of this lawsuit, Charging Party, Neva Smith, filed a charge with the Commission alleging violations of Title VII by the Defendant. All conditions precedent to the institution ofthis lawsuit have been fulfilled. 9. Since at least April 2002, the Defendant has engaged in unlawful employment practices at its Stockbridge, Georgia facility, in violation of Section Sections 703(x) of Title VII, 42 U.S .C. § 2000e. The practices referenced above include discriminating against Neva Smith and other similarly situated female shift supervisors with respect to their compensation, terms, conditions, and privileges of employment by paying female shift supervisors lower wage rates than were being paid to male shift supervisors, because of their sex. 14. The effect ofthe practices complained of in paragraph 9 above has been to deprive Neva Smith and other female shift supervisors of equal employment opportunities end otherwise adversely affect their status as employees, because of
their sex. 11 . The unlawful employment practices complained ofin paragraph 9 above
were intentional and were carried out with malice and/or reckless indifference to the
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federally protected rights ofNeva Smith and other female shift supervisors. 12. Since at least April 2002, the Defendant has willfully violated Sections
6(d)(1) and 15(a)(2) of the FLSA, 29 U.S .C . §§ 206(d)(1) and 215(a)(2), by paying wages to its female shift supervisors, in its Stockbridge, Georgia facility, at rates less than the rates paid to male shift supervisors in the same establishment for substantially equal work on jobs the performance of which requires equal skill, effort, and responsibility, and which are performed under similar working conditions .
13 . As a result of the acts complained of above, the Defendant unlawfully has withheld and is continuing to withhold the payment of wages due to Neva Smith and other similarly situated female shift supervisors.
PRAYER FOR RELIEF Wherefore, the Commission requests that this Court : A. Grant a permanent injunction enjoining the Defendant, 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 . Grant a permanent injunction enjoining the Defendant, its officers, successors, assigns and all persons in active concert or participation with it, from discriminating within any of its establishments between employees on the basis of
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sex, by paying wages to employees of one sex at rates less than the rates at which it pays wages to employees of the opposite sex fox substantially equal work on jobs the performance of which requires equal skill, effort, and responsibility, and which are performed under similar working conditions.
C. Order the 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.
D. Order the Defendant to make whole all individuals adversely affected by the unlawful practices described above 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 its unlawful employment practices, including but not 1 invited to Neva Smith .
E . Grant ajudgment requiring the Defendant to pay appropriate back wages in amounts to be determined at trial, an equal sum as liquidated damages or prejudginent interest in lieu thereof, to employees whose wages are being unlawfully withheld as a result of the acts complained of above, including but not limited to Neva Smith.
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._ , .
F . Order Defendant to make whole Neva Smith and other affected female employees by providing compensation for past and future pecuniary losses resulting from the unlawful employment practices described above .
G. Order Defendant to make whole Ayers and Jean Marie, respectively, by providing compensation for non-pecuniary losses resulting from the unlawful employment practices described above, including emotional pain and suffering, anxiety, stress, depression, and humiliation, in amounts to be determined at trial.
H. Order the Defendant to make whole those employees whose wages are being unlawfully withheld as a result of the acts complained of above, by restraining the continued withholding of amounts owing as back wages with prejudgment interest, in amounts to be determined at trial.
I. Grant such further relief as this Court deems necessary and proper in the public interest .
J. 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.
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ERIC DREIBAND General Counsel GWENDOLYN YOUNG REAMS Associate General Counsel
S .JROBtRT ROYAL Regional Attorney Ga. Bar No . 617505 EQUAL EMPLOYMENT OPPORTUNITY COMMISSION - Atlanta District Office 100 Alabama Street - Suite 4R30 Atlanta, GA 30303 (404)562-6812 - direct {404}562-6932 - general (4Q4)562-6905 - fax
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I= iH C1ERn OFFICE

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U.S.D .C. Atlarft

aN RECEIVED ~CpC Qy~'

~ V ~ IN THE UNIT~.D STATES DISTRICT COURT

JUL 12 20~~

"~ JUR L 4 U. 1THER

$ T ~ HE NNOORR THERDNISTRICT OF GEORG

ATLANTA G-0A€, C"

DIVISIOM N r AU.W1;

D. THOMAS, Cte* k11-

Deputy Clerk

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION?

P l aintiff,

and

NEVA M. SMITH, Plaintiff-Intervenor,

Civil Action N~- - K~ 1 :p4-CY-ZS54

vs .

TRANSPORT ATION SOLUTIONS, INC .,

Defendant.

CONSENT-DECREE This action was instituted by the Equal Employment Opportunity Commission (hereinafter, the "EEOC" or "Commission") against Defendant Transportation Solutions, Inc . (hereinafter the "Defendant") under Section 16 (c) and 17 of the Fair Labor Standards Act of 1938 ("FL,SA") to enforce the Equal Pay Act of 1963 (hereinafter the "Equal Pay Act"), and pursuant to Section 706(f) (1) and (3) of Title VII of the Civil Rights Act of 1964 as amended 42 U .S .C . § 2000e et secy .

(hereinafter "Title VII") and the Civil Rights Act of 1991, 42 U,S , C . § 1981 {a}, to remedy the alleged wrongful employment practices identified in the Complaint filed
in this action .
This Court has jurisdiction of the subject matter of this action and of the parties to this action .
The Commission alleged in the foregoing civil action that the Defendant acted unlawfully by subjecting Plaintiff Intervenar, Neva Smith, to discrimination based upon her sex in violation of the Equal Pay Act and Title VII, In its Complaint, the Commission sought make whole relief including, but not limited to, back pay relief with interest, compensatory andd punitive damages, or liquidated damages under the Equal Pay Act, and injunctive and other affirmative relief.
The Defendant filed its Answer denying the allegations made by the Commission . The Defendant disputes and denies any liability to the Commission and/or Ms . Neva Smith and/or to any other person . This agreement is not to be deemed or construed to be an admission of liability or wrongdoing by Defendant but constitutes the good faith settlement of a disputed claim .
All of the parties to this action desire to avoid the additional expense, delay and uncertainty which would result from the continuance of this litigation and desire to formulate a plan to be embodied in a Consent Decree which will promote and
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effectuate the purposes of the Equal Pay Act and Title VII . This Court has reviewed the terms of the proposed Consent Decree in light
of the pleadings and the applicable law and regulations, and has approved this Consent Decree as one which will promote and effectuate the purposes of the Equal Pay Act and Title VII .
Now, therefore, this Court, being fully advised in the premises, it is hereby ORDERED, ADJUDGED AND DECREED :
1. DISCLA„ MR OF VIOLATION It is understood and agreed that the negotiation, execution and entry of this Consent Decree, and the undertakings made by Defendant hereunder, are in settlement and compromise of a disputed claim of alleged sex discrimination, the validity of which Defendant denies . Neither the negotiation, execution nor entry of this Consent Decree shall constitute an acknowledgment or admission of any kind by the Defendant that its officers, agents or employees have violated or have not been in compliance with the Equal Pay pct, or Title VII, or any rules and regulations issued under or pursuant to theEqual Pay Act, or Title VII, or any other applicable law, regulation or order .
II. NON-DIS(;RIII IINATI4N AND NON-RETALIATION' Defendant shall not discriminate against any employee or affected group
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member in any aspect of employment on the basis of sex and shall not retaliate against any person because that person is a beneficiary of the Consent Decree, or has provided information or assistance, or has participated in any other manner in any investigation or proceeding relating to this Consent Decree .
Defendant, to ensure equal opportunity in the employment process, shall make all decisions affecting hiring, promotion, compensation, job assignment, sick and disability leave, discharge and other terms, conditions and privileges of employment, without regard to race, color, sex, religion or national origin . The Defendant shall not retaliate or take any adverse action against other persons in the future because of their opposition to practices they believe are in violation of the Equal Pay Act, or Title VIT, or because of their participation in the investigation of the charge or prosecut ion of this litigation.
III. O IC TO BE P D• IN RUCTION TO hMNAGEMENT Defendant shall keep posted the notice required to be posted pursuant to
Section 711 of Title VII, and, for at least twelve (12) months immediately following the entry of this Consent Decree, shall also keep conspicuously posted a copy of the notice attached to this Consent Decree at Defendant's facilities . Within thirty (30) days from the entry of this decree, Defendant shall instruct its management and supervisory personnel regarding the full meaning of those notices and this Consent
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Decree . The posting required by this paragraph shall be conspicuously made on bulletin boards or locations selected so that each employee at the facilities can observe at least one such posting when at the facility . Defendant shall certify the completion of the posting and instruction to the Commission within thirty (30) days from the entry of this Consent Decree .' All written certification required by this Section shall be addressed to S . Robert Royal, Regional Attorney, Atlanta District Office, 100 Alabama Street, Suite 4R30, Atlanta, Georgia 30303 .
Defendant shall not withhold the right of the Commission to enter upon Defendant's premises, with reasonable notice, to monitor compliance with this Section . Should the Notice become defaced, marred, or otherwise unreadable, Defendant shall ensure that a new, readable copy of the Notice is poste d in the same manner as heretofore specified .
IV. INS~ucTIorr TO MANAGEMENT
Within thirty (30) days from the entry of this Decree, Defendant shall certify, in writing, to the EE C that all management and supervisory personnel who are currently employed at its facility or facilities have been instructed as to the terms of this Consent Decree (other than the monetary amount of the settlement), and the full meaning of the provisions of the Notice to be posted, and that Defendant has reaffirmed with these employees that employment decisions are not to be made based
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on sex . All written certification required by this Section shall be addressed to the Regional Attorney of the EEUC's Atlanta District Office at the above-referenced address .
V . REPORTING REQUIREMENT For the duration of the term of this Consent Decree, Defendant agrees that any complaint arising at its Atlanta, Georgia facility(s), and brought to the attention of management by any employee(s) against any other employee(s) or manager(s) alleging sex discrimination based on pay, which was raised by the Complaint in this civil action and resolved by this Consent Decree, shall be reported to the Regional Attorney. If such a complaint has been made, Defendant shall provide every six months for the duration of this consent decree a summary report in affidavit form to the Regional Attorney specifying whether an employee has complained about sex discrimination based on pay . If an employee has so complained, then the summary report shall state in written affidavit form the following :
(a) The date of the complaint or report, (b) The name of the person making the complaint or report, (c) The name and title of the person against whom the complaint or report was made, (d) The nature of the complaint or report,
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(e) The name and title of the Defendant official who learned of the complaint or report, (f) What, if any, action was taken by Defendant in response to the complaint or report (e .g . employee discipline), and (g) A detailed narrative of how the complaint or report was resolved by Defendant . The report should be addressed to the Regional Attorney of the EEOC's Atlanta District Office at the above-referenced address. VI . CHARGING PARTY'S INDIVIDUAL,RELIEF:
MONETARY RELIEF Defendant, in settlement of all alleged claims of injuries sustained due to alleged discriminatory employment practices, shall provide Neva Smith the amount of twenty thousand dollars ($20,000 .00) (less applicable withholdings) in a check payable to Neva Smith . A copy of said check shall be forwarded to the Regional Attorney of the Atlanta District Office, at the above-referenced address, within five (5) days of the date that Defendant mailed the check to Ms . Smith . The parties
recognize that such payment to be without admission of liability on the part of the Defendant .
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VII . DISCIELINARY POLICY ON SEX AND GV D~R-BASED DI5 C RIM ENATION
Defendant agrees to continue a policy that prohibits sex and gender based discrimination based on pay and provides for disciplinary action against violators . Defendant agrees to issue this policy to all employees, particularly those who perform in a supervisory or lead capacity . Defendant agrees to disseminate a document that clarifies how complaints regarding sex discrimination and/or gender-based discrimination should be made with Defendant . Employees shall be advised that such comp laints will be promptly investigated and effectively resolved . Defendant further agrees to advise employees that they will not be retaliated against for complaining about sex or gender-based discrimination . Defendant agrees to establish and implement a disciplinary policy with penalties up to and including discharge for employees who are found to have engaged in sex or gender-based discrimination based on pay .
VIII . PROCEDURE FOR ENFORCING COMPLIANCE The Commission will attempt to resolve any dispute regarding the enforcement of this Consent Decree by informal mediation and consultation before seeking enforcement through the judicial process . The Commission will notify Defendants in writing b y certified mail to Luther Brown, President, if it has any
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reason to believe that any action or omission by a Defendant is in violation of the Consent Decree . Defendant shall have thirty (30) days after the receipt of such notification to cure any such alleged deficiency, and to notify the Commission, by written report addressed to the Regional Attorney for the EEOC's Atlanta District Office, of the measures taken to cure the alleged deficiencies .
If upon receipt of Defendant's report the Commission concludes that the deficiency has not been satisfactorily cured by the Defendant, the Commission shall seek to resolve the alleged deficiency through good faith conciliation or mediation . If the alleged deficiency is not resolved within thirty (30) days after the initiation of such good faith conciliation or mediation process, then the Commission may seek enforcement of this Consent Decree through the judicial process .
Notwithstanding any of the foregoing, nothing in this agreement shall be deemed to prohibit any matter which occurred during the term of this Decree and which constitutes a dispute as contemplated by Section VIII from being fully and completely processed in the manner described in Section VIII, even though the dispute is not resolved within thirty (30) days of the termination of this Decree .
IX . CQMP-LIAKE OFFICIAL Defendant shall designate Charlotte Sanders, Transportation So lutions, Inc., 285 Country Club Drive, Stock ridge, Georgia, 30281, as the compliance official
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who shall be responsible for compliance with this Consent Decree, and also responsible for coordinating and overseeing Defendant's compliance with this Consent Decree.
X. TERMS OF DECREE - PMOD OF JURISDICTION This Consent Decree shall continue to be effective and binding upon the parties to this action for a period of twelve (12) calendar months immediately following the entry of the Consent Decree, provided that all remedial benefits requ ired hereby have been rece ived or offered prior- to its expiration and provided further, that all required reports and certifications are submitted at least thirty (30) days before the expiration date of the Consent Decree . If required reports are not submitted within thirty (30) days of the expiration date, or ifthe remedial benefits are not received or offered, the Consent Decree will be automatically extended until these provisions are completed . This Court shall retain jurisdiction over this action for the purposes of clarifying and enforcing this Consent Decree and for any other appropriate or equitable purposes for twelve (12) calendar months from the date of entry of this Consent Decree, unless the Court acts or the Commission has, prior to the expiration of said twelve (12) month period, moved to enforce compliance with the Consent Decree . If this Court acts or the Commission has moved to enforce
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compliance with this Consent Decree within this period, this Court shall retain

jurisdiction of this action until all issues relating to all such motions which are made during the twelve (12) month period have been resolved . Upon the Court's

execution and entry of this Consent Decree, this case shall be dismissed with

prej udice .

XI. THE ACTIONS

The Commission shall not commence or prosecute against Defendant any

action or other proceeding based upon any claims, demands, causes of action, obligations, damages or liabilities which arise out of EEO C Charge Numbers 110-2003-31902 and 11q-2004-[)4331, investigation of the charges, or this lawsuit . This Consent Decree in no way affects the EEOC's right to process any pending or

future charges that may be filed against Defendant or its owners in accordance with

standard EE C procedures, and to commence civil actions pursuant to Section 16 (c)

and 17 of the Fair Labor Standards Act of 193 S ("FLEA" ) or Section 706 (f) of Title

VII on any such charge . Nothing in this Consent Decree shall be construed to limit or reduce Defendant's obligation to fully comply with Title VII of the Civil Rights

Act of 1964, as amended; the Equal Pay Act of 1963, as amended; the Age Discrimination in Employment Act of 1967, as amended; the Americans with

Disabilities Act of 1990 ; or the regulations promulgated pursuant thereto . Nothing

11

herein shall preclude the EEOC from bringing an action to enforce the provisions of this Consent Decree.
KII. ST AND AIIQRNMY FEES The Commission and Defendant shall each bear their own respective costs and attorneys fees for this action . The parties hereto and undersigned attorneys of record for the Commission and Defendant in the above-styled action hereby consent to the entry of the foregoing Consent Decree .
[Signatures on the following page]
12

BY CONSENT :
Counsel for Plaintiff :
Counsel for Defendant :

S . Robert Royal, Esc Regional Attorney Georgia Bar No . 617
Equal Employment Opportunity Commission Atlanta District Office 100 Alabama Street, SW Suite 4R30 Atlanta, Georgia 30303 (404) 562-6815
Richard Rainey N.C. State Bar No . 14278 Eric M .D. Zion Georgia Bar No . 785901
One Wachovia Center 301 South College Street Charlotte, N .C. 28202-6037

APPROVED, DONE, and SIGNED this day of J ---,2005 .
r
District Judge Northern District of Georgia, Atlanta Division
13

~.

L

NOT LcE
1 . This notice to all employees of Transportation Solutions, Inc . (hereinafter "TSi") is being posted as agreed to between TSi and the Equal Employment Opportunity Commission in a consent decree filed in the United States Federal District Court, Atlanta, Georgia (Case No . 1 :04-CV-2854) .
2 . Federal Law requires, in general, that there be no discrimination against any employee or applicant for employment because of the person's race, color, religion, sex, pregnant condition, national origin, disability or age with respect to hiring, firing, compensation or other terms, conditions or privileges of employment .
3 . TSi supports and will comply with such Federal Law in all respects and will not take any action against employees because of their sex, pregnant condition, race, color, religion, national origin, disability or age or because they havee exercised their rights under the law .
4. TSi has taken and will continue to take such action as is required by the consent order entered by the United States District Court .
5. This notice will remain posted for twelve (12) months, until June, 2006 . Signed this day of , 2005 .
TSi
14

DO NOT REMOVE THIS NOTICE UNTIL June 2006
15

 
 CM/ECF LIVE v3 - U.S. District Court - Docket Report

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U.S. District Court Northern District of Georgia (Atlanta) CIVIL DOCKET FOR CASE #: 1:04-cv-02854-WSD

CLOSED

Equal Employment Opportunity Commission v. Transportation Solutions, Inc. Assigned to: Judge William S. Duffey, Jr Cause: 42:2000 Job Discrimination (Sex)

Date Filed: 09/29/2004 Date Terminated: 06/23/2005 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

Plaintiff
Equal Employment Opportunity Commission

represented by S. Robert Royal Equal Employment Opportunity Commission Atlanta District Office-Legal Unit 100 Alabama Street, S.W. 4R30 Atlanta Federal Center Atlanta, GA 30303-8704 404-562-6820 Email: stan.royal@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

V. Defendant Transportation Solutions, Inc.

represented by Eric Michael-David Zion Hunton & Williams LLP Hunton & Williams LLP Bank of America Plaza 101 S. Tryon Street, Suite 3500 Charlotte, NC 28280 704-378-4700 Fax: 704-331-4236 Email: ezion@hunton.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Richard L. Rainey Womble Carlyle Sandridge & Rice-Charlotte 301 South College Street One Wachovia Center, Suite 3500 Charlotte, NC 28202 704-331-4900 LEAD ATTORNEY

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Movant Neva Smith

ATTORNEY TO BE NOTICED
represented by Ernest Linwood Gunn, IV Brock Clay Calhoun Wilson & Rogers 49 Atlanta Street Marietta, GA 30060-8611 770-422-1776 Email: lgunn@bcwr.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed 09/29/2004 11/26/2004 11/26/2004 12/27/2004 12/28/2004 12/28/2004 01/05/2005 01/06/2005 01/06/2005 01/06/2005 01/18/2005

#

Docket Text

1 COMPLAINT with Jury Demand filed. Consent form to proceed before U.S. Magistrate and pretrial instructions given to attorney , filed by Equal Employment Opportunity Commission.(ldp) (Entered: 10/01/2004)
2 ANSWER to Complaint, by Transportation Solutions, Inc. Discovery ends on 4/25/2005.(kt) (Entered: 12/03/2004)
3 APPLICATION for Admission of Richard L. Rainey Pro Hac Vice for Transportation Solutions, Inc. Filing Fee received $150.00, Receipt #530221. (to WSD) (kt) (Entered: 12/06/2004)
6 APPLICATION for Admission of Richard L. Rainey Pro Hac Vice, by Transportation Solutions, Inc. Filing Fee received $150.00, Receipt #530221. (to WSD) (kt) (Entered: 01/04/2005)
4 Certificate of Interested Persons by Equal Employment Opportunity Commission and Transportation Solutions, Inc. (to WSD & LTW) (kt) (Entered: 01/04/2005)
5 JOINT PRELIMINARY REPORT AND DISCOVERY SCHEDULE filed by Equal Employment Opportunity Commission and Transportation Solutions, Inc. (to LTW) (kt) (Entered: 01/04/2005)
ORDER (by docket entry only) granting 3 Application for Admission Pro Hac Vice of Richard L. Rainey . Approved by Judge William S. Duffey Jr. on 1/5/04. (se) (Entered: 01/05/2005)
7 NOTICE to Parties. Signed by Judge Linda T. Walker on 1/6/05. (kt) (Entered: 01/07/2005)
8 SCHEDULING ORDER: Discovery ends on 4/25/2005. Motions due by 5/16/2005. Proposed Pretrial Order due by 5/26/2005. Signed by Judge Linda T. Walker on 1/6/05. (kt) (Entered: 01/07/2005)
9 Guidelines for Discovery and Motion Practice. Signed by Judge Linda T. Walker on 1/6/05. (kt) (Entered: 01/07/2005)
10 UNOPPOSED MOTION to Amend 1 Complaint, by Equal Employment Opportunity Commission. (Attachments: # 1 Appendix - Proposed First

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01/20/2005 01/20/2005
01/31/2005 02/04/2005 02/09/2005
03/01/2005 03/04/2005
03/09/2005 03/21/2005 03/21/2005 03/23/2005 04/06/2005 04/11/2005 04/19/2005
04/19/2005 04/22/2005

Amended Complaint, # 2 Text of Proposed Order) (to LTW)(kt) (Entered: 01/19/2005)
11 ORDER granting 10 Motion to Amend . Signed by Judge Linda T. Walker on 1/20/05. (kt) (Entered: 01/21/2005)
12 FIRST AMENDED COMPLAINT against Transportation Solutions, Inc., filed by Equal Employment Opportunity Commission.(kt) Additional attachment(s) added on 2/10/2005 (kt). Modified on 2/10/2005 to add page 7 pursuant to 15 Order of the Court. (kt). (Entered: 01/21/2005)
13 Defendant's ANSWER to Amended Complaint (First) by Transportation Solutions, Inc..(Zion, Eric) (Entered: 01/31/2005)
14 UNOPPOSED MOTION to Substitute Page by Equal Employment Opportunity Commission. (sjk) (Entered: 02/07/2005)
15 ORDER granting 14 Motion for to Substitute Page 7 of Plaintiff's First Amended Complaint. Signed by Judge Linda T. Walker on 2/9/05. (kt) (Entered: 02/10/2005)
16 MOTION to Intervene by Neva Smith. (Attachments: # 1 Brief)(sjk) (Entered: 03/03/2005)
17 CERTIFICATE OF SERVICE of Equal Employment Opportunity Commission's Response to defendant's First Request to Produce Documents and plaintiff's answers to defendant's first interrogatories. (kt) (Entered: 03/09/2005)
18 RESPONSE in Opposition re 16 MOTION to Intervene filed by Transportation Solutions, Inc.. (Zion, Eric) (Entered: 03/09/2005)
20 MOTION to Amend 16 MOTION to Intervene with Brief In Support, by Neva Smith. (kt) (Entered: 03/23/2005)
21 REPLY BRIEF in support of 16 MOTION to Intervene, filed by Neva Smith. (kt) (Entered: 03/23/2005)
19 Joint MOTION for Extension of Time to Complete Discovery by Transportation Solutions, Inc.. (Zion, Eric) (Entered: 03/23/2005)
Submission of 16 MOTION to Intervene, to Magistrate Judge Linda T. Walker. (kt) (Entered: 04/06/2005)
22 PROPOSED ORDER Protective Order. (Zion, Eric) (Entered: 04/11/2005)
23 NOTICE by Transportation Solutions, Inc. Certificate of Service of Defendant's First Request for Production to Plaintiff-Intervenor (Zion, Eric) (Entered: 04/19/2005)
24 NOTICE by Transportation Solutions, Inc. Certificate of Service of Defendant's First Interrogatories to Plaintiff-Intervenor (Zion, Eric) (Entered: 04/19/2005)
Submission of 19 Joint MOTION for Extension of Time to Complete Discovery, 20 MOTION to Amend 16 MOTION to Intervene, to Magistrate Judge Linda T. Walker. (kt) (Entered: 04/22/2005)

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04/26/2005 04/26/2005 05/13/2005 05/23/2005 05/31/2005
06/01/2005
06/03/2005 06/23/2005
06/23/2005 07/08/2005 07/12/2005

VERBAL ORDER granting 16 Motion to Intervene. Approved by Judge Linda T. Walker on 04/25/05. (slc) (Entered: 04/26/2005)
VERBAL ORDER GRANTING 20 Motion to Amend 16 Motion to Intervene. APPROVED by Judge Linda T. Walker on 04/26/05. (slc) (Entered: 04/26/2005)
25 Consent MOTION for Extension of Time File Summary Judgment Motion by Transportation Solutions, Inc.. (Zion, Eric) (Entered: 05/13/2005)
Submission of 25 Consent MOTION for Extension of Time File Summary Judgment Motion, to Magistrate Judge Linda T. Walker. (kt) (Entered: 05/23/2005)
26 ORDER GRANTING 19 Motion for Extension of Time to Complete Discovery. 25 Motion for Extension of Time to file Summary Judgment Motion is deemed MOOT. Discovery ends on 6/25/2005. Signed by Judge Linda T. Walker on 5/31/05. (kt) (Entered: 06/01/2005)
27 CERTIFICATE OF SERVICE by Neva Smith of Plaintiff-Intervenor's Response to Defendant's First Interrogatories and Plaintiff-Intervenor's Neva Smith's Responses to First Request for Production of Documents (Gunn, Ernest) (Entered: 06/01/2005)
28 MOTION to Consolidate Cases and Brief in Support Thereof by Neva Smith. (Gunn, Ernest) (Entered: 06/03/2005)
29 ORDER DIRECTING the Clerk to ADMINISTRATIVELY close 1 Complaint filed by Equal Employment Opportunity Commission, with the right of either party to reopen it within thirty days if the settlement is not concluded. Signed by Judge William S. Duffey Jr. on 6/22/05. (kt) (Entered: 06/23/2005)
Civil Case Terminated. Judge Linda T. Walker terminated from case. (kt) (Entered: 06/23/2005)
30 PROPOSED CONSENT DECREE. (epm) (Entered: 07/12/2005)
31 CONSENT DECREE Signed by Judge William S. Duffey Jr. on 7/12/05. (dcs) (Entered: 07/13/2005)

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 equal sum as liquidated damages or prejudgment interest in lieu thereof, to employees whose wages are being unlawfully withheld as a result of the acts complained of above, including but not limited to Neva Smith .
F . Order Defendant to make whole Neva Smith and other affected female employees by providing compensation for past and future pecuniary losses resulting from the unlawful employment practices described above .
G . Order Defendant to make whole Neva Smith and other affected females by providing compensation for non-pecuniary losses resulting from the unlawful employment practices described above, including emotional pain and suffering, anxiety, stress, depression, and humiliation, in amounts to be determined at trial .
H . Order the Defendant to make whole those employees whose wages - are being unlawfully withheld as a result of the acts complained of above, by restraining the continued withholding of amounts owing as back wages with prejudgment interest, in amounts to be determined at trial .
I . Grant such further relief as this Court deems necessary and proper in the public interest .
J . Award the Commission its costs of this action . 7
ATTACHMENT A