• Case 5:04-cv-00788-WRF

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F\LEO

IN THE UNITED STATES DISTRICT COURT

004

FOR THE WESTERN DISTRICT OF TEXAS AU G3 1 '2, RT

SAN ANTONIO DIVISION

CLERK. U.S\~~ T~r~6FC-?X~.s

WESTERN D .

BY

DEPUTY CLEt"{

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff,

§ §
~ 1\iltiQoP~ 0788 RF

v. NEATHERLIN HOMES, INC.,
Defendant.

§ § COMPLAINT AND § JURY TRIAL DEMAND § §

NATURE OF ACTION This is an action under Title VII of the Civil Rights Act of 1964 as amended by the Pregnancy Discrimination Act of 1978, and Title I of the Civil Rights Act of 1991, to correct unlawful employment practices on the basis of sex, female, and to provide appropriate relief to Stephanie A. Govett, who was adversely affected by such practices. The U.S. Equal Employment Opportunity Commission (the "Commission") alleges that Stephanie A. Govett was subjected to unlawful discrimination when she was terminated from her position as a sales assistant with Defendant, Neatherlin Homes, Inc. (hereinafter"Neatherlin"), because of her pregnancy.
JURISDICTION AND VENUE 1. Jurisdiction ofthis Court is invoked pursuant to 28 U.S.C. §§ 451,1331,1337,1343 and 1345. This action is authorized and instituted pursuant to Section 706(t)(1) and (3) ofTitle VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e-5(t)(I) and (3) ("Title VII"), and Section 102 of the Civil Rights Act of 1991,42 U.S.C. § 1981a. 2. The employment practices alleged to be unlawful were committed within the

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jurisdiction of the United States District Court for the Western District of Texas, San Antonio Division.
PARTIES 3. Plaintiff, the Commission, is the agency ofthe United States ofAmerica charged with the administration, interpretation and enforcement ofTitle VII, 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)(I) and (3). 4. At all relevant times, Defendant, Neatherlin, has continuously been a Texas Corporation doing business in the State of Texas in the City of San Antonio and has continuously had at least fifteen employees. 5. At all relevant times, Defendant, Neatherlin, has continuously been an employer engaged in an industry affecting commerce within the meaning of Sections 701(b), (g) and (h) of Title VII, 42 U.S.C. §§ 2000e(b), (g) and (h).
STATEMENT OF CLAIMS 6. More than thirty days prior to the institution of this lawsuit, Stephanie A. Govett filed a charge with the Commission alleging violations of Title VII by Defendant, Neatherlin. 7. All conditions precedent to the institution of this lawsuit have been fulfilled. 8. Since at least February 28, 2003, the Defendant, Neatherlin, has engaged in unlawful employment practices at its San Antonio, Texas facility, in violation of Section 703(a)(1) of Title VII, 42 U.S.C. §2000e-2(a)(1) as amended by Section 701(k), 42 U.S.C. § 200e(k). The unlawful practice was to discriminate against Stephanie A. Govett on the basis of her sex, female, by discharging her on or about February 28, 2003 from the position of sales assistant because she was pregnant.

Plaintiff's Original Complaint

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9. The effect ofthe practices complained ofin paragraph eight above has been to deprive Stephanie A. Govett ofequal employment opportunities and to otherwise adversely affect her status as an employee because of her sex.
10. The unlawful employment practices complained of in paragraph eight above were intentional.
11. The unlawful employment practices complained of in paragraph eight above were done with malice or with reckless indifference to the federally protected rights of Stephanie A. Govett.
PRAYER FOR RELIEF Wherefore, the Commission respectfully requests that this Court: A. Grant a permanent injunction enjoining the Defendant, Neatherlin, its officers, successors, assigns, and all persons in active concert or participation with it, from engaging in conduct which results in discharge because of pregnancy or any other employment practice which discriminates on the basis of sex; B. Order Defendant, Neatherlin, to institute and carry out policies, practices, and programs which provide equal employment opportunities for females, and which eradicate the effects of its past and present unlawful employment practices; C. Order Defendant, Neatherlin, to make whole Stephanie A. Govett, by providing appropriate back pay with prejudgment interest, in an amount to be determined at trial, and other affirmative reliefnecessary to eradicate the effects ofits unlawful employment practices, including, but not limited to, the reinstatement of Stephanie A. Govett, or front pay in lieu thereof; D. Order Defendant, Neatherlin to make whole Stephanie A. Govett, by providing

Plaintiff's Original Complaint

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compensation for past and future pecuniary losses resulting from the unlawful employment practices described in paragraph eight above, including, but not limited to, relocation expenses, job search expenses and medical expenses, in an amount to be determined at trial;
E. Order Defendant, Neatherlin to make whole Stephanie A. Govett, by providing compensation for past and future nonpecuniary losses resulting from the unlawful employment practices complained of in paragraph eight above, including, but not limited to, emotional pain, suffering, humiliation, embarrassment, emotional distress, stress, anxiety, inconvenience, and loss of enjoyment of life, in an amount to be determined at trial;
F. Order Defendant, Neatherlin to pay Stephanie A. Govett punitive damages for its malicious and reckless conduct described in paragraph eight above, in an amount to be determined at trial;
G. Grant such further relief as the Court deems necessary and proper in the public interest; and
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, ERIC S. DREIBAND General Counsel JAMES 1. LEE Deputy General Counsel GWENDOLYN YOUNG REAMS Associate General Counsel

Plaintiff's Original Complaint

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~\L
ROBERT B. HARWIN Regional Attorney District of Columbia Bar No. 076083

upervisory Tr' Attorney exas Bar No. 9708300

Trial Attorney Texas Bar No. 24014498
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION San Antonio District Office 5410 Fredericksburg Rd., Suite 200 San Antonio, Texas 78229-3555 Telephone: (210) 281-7613 Telecopier: (210) 281-7669
ATTORNEYS FOR PLAINTIFF

Plaintiff's Original Complaint

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IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS
SAN ANTONIO DIVISION

FILED

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff, v. NEATHERLIN HOMES, INCORPORATED,
Defendant.

AUG 1 8 2005
§

§

§

§

DEPU)'Y CI.E:RK

§

§ Civil Action No. SA04CA0788RF

§

§

§

§

§

CONSENT DECREE

The parties to this Consent Decree are the Plaintiff, United States Equal Employment

Opportunity Commission ("EEOC"), and Defendant, Neatherlin Homes, Incorporated

("Neatherlin"). This Consent Decree resolves the allegations raised by the EEOC in the above-

referenced Civil Action No. SA04CA0788. The EEOC initiated this lawsuit under Title VII of

the Civil Rights Act of 1964 as amended by the Pregnancy Discrimination Act of 1978, and Title

I of the Civil Rights Act of 1991, to correct unlawful employment practices on the basis of sex,

female, and to provide appropriate relief to Stephanie A. Govett, who was adversely affected by

such practices. The EEOC alleges that Stephanie A. Govett was subjected to unlawful

discrimination when she was terminated from her position as a sales assistant with Neatherlin

because of her pregnancy.

The EEOC and Neatherlin wish to settle this action, without the risks, uncertainties and

expenses of continued litigation, under the terms in the Decree. The parties hereby agree that

neither the giving of any consideration hereunder nor its acceptance shall operate as or be

Consent Decree

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evidence of any admission of liability by Neatherlin for any claim hereby released and further

agree that, by the execution of this Consent Decree, Neatherlin does not admit the truthfulness of

any of the claims or allegations made by any opposing party; rather such claims, allegations and

liability have been, and are hereby, expressly denied by Neatherlin.

IT IS ORDERED, ADJUDGED AND DECREED as follows:

1. This Court has jurisdiction of the subject matter of this action and the parties,

venue is proper, and all administrative prerequisites to the EEOC's filing of this action have been

met. The parties stipulate to the Court's jurisdiction.

2. This Consent Decree resolves all issues raised in the EEOC's complaint. The

EEOC waives further litigation of all issues raised in the above-referenced complaint. The

EEOC expressly reserves its right, however, to process and litigate any other charges which may

now be pending or may in the future be filed against Defendant Neatherlin.

3. The execution and entry of this Consent Decree and all obligations contained

therein are entirely contingent and conditioned upon the execution and entry of a settlement

agreement in the lawsuit filed by Stephanie Govett in Bexar County, Texas alleging pregnancy

dIscrimination. If the parties in the state court lawsuit are unable to enter into a settlement

agreement, this Consent Decree will be null, void and of no effect.

SCOPE OF CONSENT DECREE

4. The duration of this Decree shall be eighteen (18) months from the date of its

filing with the Court. This Court shall retain jurisdiction of this action during the period of this

Decree and may enter further orders or modifications as may be appropriate. Should any

disputes under this Decree remain unresolved before this eighteen month period, the term of the

Decree shall be automatically extended, and the Court will retain jurisdiction of this matter to

Consent Decree

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enforce the Consent Decree, until such time as all disputes have been resolved. INJUNCTIVE PROVISIONS
5. During the duration of the Consent Decree, Defendant Neatherlin shall be enjoined at any and all of its offices in San Antonio, Texas from engaging in conduct, which results in discharge because of pregnancy or any other employment practice which discriminates based on sex.
MONETARY RELIEF

6. Defendant Neatherlin, pursuant to this Consent Decree and the settlement

agreement entered into in the lawsuit filed in Bexar County by Stephanie Govett, shall issue one

payment to Stephanie A. Govett and her attorney Jeffrey R. Davis, in the amount of $65,000.00

(SIXTY-FIVE THOUSAND AND 001100 DOLLARS). Payment shall be made pursuant to the

terms of the aforementioned state court settlement agreement. Stephanie Govett and the EEOC

recognize and agree that Stephanie Govett is to receive only one payment of $65,000.00, and not

a payment of $65,000.00 under both the Consent Decree and the state court settlement

agreement. A copy of the settlement checks and any accompanying transmittal documents shall

be forwarded to the EEOC to the attention of Robert B. Harwin, Regional Attorney, 5410

Fredericksburg Road, Suite 200, San Antonio, Texas 78229.

TRAINING 7. Within 180 days of the date of entry of this Decree, Neatherlin shall provide not less than four (4) hours of EEO training to Neatherlin supervisory/managerial employees working at any and all of its offices in San Antonio, Texas. Any training shall: (a) explain that gender and pregnancy and other Title VII protected-status discrimination is unlawful; (b) instruct what conduct may constitute discriminatory conduct; and (c) explain the damaging effects of discrimination to victims, their families, their co-workers, and the workplace environment. Any

Consent Decree

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training will be conducted by FISH & RICHARDSON P.c., who will send a copy of the training presentation outline to the EEOC at least 10 days before any training session occurs. The Commission shall have the right to approve any training.
8. Within ten (10) days after the completion of any training session, Neatherlin shall certify to the EEOC, in writing, that any required training has taken place and that required personnel attended. Such certification shall include:
a) The date, location and duration of the training; and b) A copy of the registry of attendance which shall include the name and
position or title of each person in attendance.

POSTING REQUIREMENT 9. Within ten (10) business days after entry of this Decree, Neatherlin shall post copies of the Notice attached as Exhibit "A" to this Decree on an employee bulletin board or

other area where employees congregate at any and all of its offices in San Antonio, Texas. The

Notice shall remain posted for ninety (90) days. Neatherlin shall ensure that the posting is not

al tered, defaced or covered by any other material. Within ten (l0) business days after the later of (i) entry of the Decree or (ii) receipt of an executed settlement agreement in the state court matter, Neatherlin shall certify to the EEOC in writing that the Notice has been properly posted.

MISCELLANEOUS PROVISIONS

10. Neatherlin shall bear the costs associated with administering and implementing the provisions of this Decree.

11. Except as provided herein, the parties to this Decree shall bear their own costs and attorney's fees. Furthermore, the parties agree that pursuant to Section 706(k) of Title VII, 42

U.S.c. § 2000e-5(k), there is no "prevailing party" in this action or proceeding. 12. The terms of this Decree shall be binding upon the EEOC and Neatherlin, its

agents, officers, employees, servants, successors, and assigns, as to the issues resolved herein.

Consent Decree

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13. When this Consent Decree requires the submission by Neatherlin of documents or

other materials to EEOC, such documents or other materials shall be mailed to Robert B.

Harwin, Regional Attorney, 5410 Fredericksburg Road, Suite 200, San Antonio, Texas 78229.

The Clerk shall furnish a copy hereof to each attorney of record.

I!:::71

SO ORDERED AND ENTERED this

day of

~t-

,2005.

Respectfully submitted, ERIC S. DREIBAND General Counsel JAMES L. LEE Deputy General Counsel GWENDOLYN YOUNG REAMS Associate General Counsel
~{1~~
ROBERT B. HARWIN Regional Attorney District of Columbia Bar No. 076083

Consent Decree

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Attorney Texas State Bar No. 07337260 ROBER T L. RICKMAN Attorney Texas State Bar No. 24013400
FISH & RICHARDSON P.c. 5000 Bank One Center 1717 Main Street Dallas, Texas 75201 Telephone: (214) 747-5070 Facsimile: (214) 747-2091
ATTORNEYS FOR DEFENDANT

~zh
Trial Attorney Texas State Bar No. 24014498
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION San Antonio District Office 5410 Fredericksburg Rd., Ste 200 San Antonio, TX 78229-3555 Telephone: (210) 281-7613 Facsimile: (210) 281-7669
ATTORNEYS FOR PLAINTIFF

Come!!! Decree

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EXHIBIT A

NOTICE TO ALL EMPLOYEES

1. Federal law requires that there be no discrimination against any employee or applicant for employment because of that person's race, color, religion, sex (including pregnancy), national origin, or age with respect to hiring, compensation, promotion, discharge, or other terms, conditions or privileges of employment.

2. Neatherlin strongly supports and will comply with such Federal law in all aspects and it will not take any action against employees because they have exercised their rights under the law by filing charges with the U.S. Equal Employment Opportunity Commission.

3. If you believe you are being discriminated against in any term or condition of your employment because of your race, religion, color, national origin, sex (including pregnancy), or disability, or because of having engaged in Title VII· protected activity, you are encouraged to seek assistance from supervisory personnel, or from the U.S. Equal Employment Opportunity Commission, 5410 Fredericksburg Road, Suite 200, San Antonio, Texas 78229·3555, (210) 281-7600 or 1-800-669-4000.

4. No retaliatory action may be taken against you for seeking assistance, filing a charge, or communicating with the U.S. Equal Employment Opportunity Commission.

5. Basing employment actions on the pregnancy of an employee may also constitute a violation of Title VII of the Civil Rights Act of 1964, as amended, and any such conduct is a violation of company policy. Any employee found to be in violation of this company policy will be subject to written reprimand, suspension, and/or discharge.

 
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CLOSED, JWP
U.S. District Court [LIVE] Western District of Texas (San Antonio) CIVIL DOCKET FOR CASE #: 5:04-cv-00788-WRF

Equal Employment v. Neatherlin Homes, In Assigned to: Hon. W. Royal Furgeson, Jr Demand: $0 Cause: 42:2000e Job Discrimination (Employment)

Date Filed: 08/31/2004 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

Plaintiff
Equal Employment Opportunity Commission

represented by Edward Juarez U.S. EEOC San Antonio District Office 5410 Fredericksburg Road Suite 200 San Antonio, TX 78229-3555 (210) 281-7613 Fax: (210) 281-7669 Email: eduardo.juarez@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Judith G. Taylor U.S. EEOC San Antonio District Office 5410 Fredricksburg Rd. Suite 200 San Antonio, TX 78229-3555 (210) 281-7673 Fax: 210/281-7669 Email: judith.taylor@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

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

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V. Defendant Neatherlin Homes, Inc.

represented by Stephen Edward Fox Fish & Richardson P.C. 5000 Bank One Center 1717 Main Street Dallas, TX 75201 (214)292-4060 Fax: 214/747-2091 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed 08/31/2004 08/31/2004 08/31/2004 08/31/2004 10/12/2004
10/21/2004 11/08/2004 11/15/2004
12/08/2004 12/09/2004
12/09/2004 01/06/2005 01/11/2005

#

Docket Text

Case assigned to Hon. W. R. Furgeson Jr. (ep) (Entered: 08/31/2004)

If ordered by the court, all referrals will be assigned to Magistrate Judge Primomo (ep) (Entered: 08/31/2004)

1 Complaint filed. (Pages: 5) (ep) (Entered: 08/31/2004)

2 Demand for jury trial by Equal Employment (ep) (Entered: 08/31/2004)

3 Waiver of Service by Neatherlin Homes, In ; Notice and Request Mailed on 9/8/04 ; Answer due on 12/7/04 for Neatherlin Homes, In (tm) (Entered: 10/13/2004)

4 Non-consent to proceed before a U.S. Magistrate by Equal Employment (tm) (Entered: 10/22/2004)

5 Answer by Neatherlin Homes, In (tm) (Entered: 11/09/2004)

6 Order and Advisory: parties shall submit a proposed scheduling order to the Court by 1/18/05 and whether or not they consent to a Magistrate Judge jurisdiction within 30 days of the filing date of this order signed by Hon. W. R. Furgeson Jr. (tm) (Entered: 11/16/2004)

7 Non-consent to proceed before a U.S. Magistrate by Equal Employment (sj) (Entered: 12/09/2004)

8 Notice of filing by Equal Employment and Neatherlin Homes, Inc. regarding report of parties' rule 26(f) joint discovery/case management plan (tm) Modified on 12/10/2004 (Entered: 12/10/2004)

9 Non-consent to proceed before a U.S. Magistrate by Neatherlin Homes, Inc. (tm) (Entered: 12/10/2004)

10 Recommendations for scheduling order by Equal Employment, Neatherlin Homes, In (tm) (Entered: 01/07/2005)

11 Scheduling order setting ; Alternate Dispute Resolution Report due by

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02/01/2005
02/08/2005 04/28/2005 08/05/2005 08/15/2005 08/18/2005 08/18/2005

2/7/05, Joining of parties, amending of pleadings on 4/10/05, Discovery cutoff 7/28/05, Deadline for filing of all dispositive motions 8/25/05 ; Jury Selection set for 9:00 12/5/05 ; Jury trial set for 9:00 12/5/05 signed by Hon. W. R. Furgeson Jr. (tm) (Entered: 01/12/2005)
12 Alternate Dispute Resolution Report filed by Equal Employment, Party (s) do not agree to Alternate Dispute Resolution (tm) (Entered: 02/02/2005)
13 Alternate Dispute Resolution Report filed by Neatherlin Homes, In, Party (s) agree to Alternate Dispute Resolution (tm) (Entered: 02/09/2005)
14 Designation of expert witness filed by Equal Employment (tm) (Entered: 04/29/2005)
15 Joint notice by Equal Employment, Neatherlin Homes, In of: pending settlement (tm) (Entered: 08/08/2005)
16 Joint motion by Equal Employment, Neatherlin Homes, In to enter consent decree (tm) (Entered: 08/16/2005)
17 Consent Decree: granting joint motion to enter consent decree [16-1] signed by Hon. W. R. Furgeson Jr. (tm) (Entered: 08/19/2005)
Case closed (tm) (Entered: 11/02/2005)

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