r

u.s. DISTRICT COURT

NORTHERN DISTRICT OF TEXAS

FILED

IN THE UNITED STATES DISTRICT COU T
am FOR THE NORTHERN DISTRICT OF TE S

SEP 26

OR,G,NAL DALLAS DIVISION

CLERK. ~r!Hm1fCJCT COURT

;. By

_f'-~-:+---_

EQUAL EMPLOYMENT OPPORTUNITY }

COMMISSION,

}

}

Plaintiff,

}

}

v.

}

}

THE SERVICEMASTER CO.

}

DIB/A TERMINIX INTERNATIONAL CO., }

}

Defendant.

}

CIVIL ACTION NO.
~~-06CV1761 CM~1
COMPLAINT
(JURY DEMANDED)

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

NATURE OF THE ACTION This is an action under Title VII of the Civil Rights Act of 1964 to correct unlawful employment practices and to make whole Charging Party Saddaka Morehead, aggrieved Individuals AC. Jenkins and Rickey Reese and similarly situated Black employees, who were adversely affected by such practices. The Commission alleges that the Defendant, The ServiceMaster Co. d/b/a Terminix International Co., discriminated against Mr. Morehead, Mr. Jenkins and Mr. Reese and similarly situated employees by failing or refusing to promote them to the position of Pest Control Service Technician because of their race, Black.
JURISDICTION AND VENUE 1. Jurisdiction ofthis Court is invoked pursuantto 28 U.S.C. Sections 451, 1331, 1337, 1343, and 1345. This action is authorized and instituted pursuant to Sections 706(£)(1) and(3) of Title VII of the Civil Rights Act of 1964, as amended, ("Title VIlli), 42 U.S.C. Sections 2000e-

COMPLAINT

1

S(f)(1) and (3), and Section 102 ofthe 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 Northern District of Texas. PARTIES
3. Plaintiff, Equal Employment Opportunity Commission (the "Commission"), is an agency of the United States of America charged with the administration, interpretation and enforcement of Title VII and is expressly authorized to bring this action by Section 706(a) of Title VII, 42 U.S.C. Section 2000e-S(a).
4. At all relevant times, Defendant, The ServiceMaster Co. d/b/a Terminix International Co. , has continuously been and is now doing business in the State of Texas, and has continuously had at least fifteen employees.
5. At all relevant times, Defendant has continuously been an employer engaged in an industry affecting commerce within the meaning of Sections 701(b), (g) and (h) of Title VII, 42 U.S.C. Sections 2000e-(b), (g) and (h).
STATEMENT OF CLAIMS 6. More than thirty days prior to the institution of this lawsuit, Mr. Morehead filed a charge with the Commission alleging violations of Title VII by the Defendant. All conditions precedent to the institution of this lawsuit have been fulfilled. 7. During the employment of Mr. Morehead, Mr. Jenkins, Mr. Reese and similarly situated Black employees, the Defendant has engaged in unlawful employment practices, in violation of section 703(a)(1 ) of Title VII, 42 U.S.C. Section 2000e-2, by failing and refusing to promote Mr. Morehead, Mr. Jenkins and Mr. Reese and similarly situated Black employees to the

COMPLAINT

2

position of Pest Control Service Technician because of their race, Black. 8. The effect ofthe practices complained of in paragraph 7, above, has been to deprive
Mr. Morehead, Mr. Jenkins, Mr. Reese and similarly situated Black employees ofequal employment opportunities and otherwise adversely affect their status as an employees because of their race.
9. The unlawful employment practices complained of in paragraph 7, above, were intentional.
10. The unlawful employment practices complained of in paragraph 7, above, were done with malice or reckless indifference to the federally protected rights ofMr. Morehead, Mr. Jenkins, Mr. Reese and similarly situated Black employees.
PRAYER FOR RELIEF Wherefore, the Commission respectfully requests that this Court: A. Grant a permanent injunction enjoining the Defendant, The ServiceMaster Co. d/b/a Terminix International Co., its officers, successors, assigns, and all persons in active concert or participation with it, and from engaging in any employment practice which discriminates in violation of Title VII. B. Order the Defendant to institute and carry out policies, practices, and programs which provide equal employment opportunities for Mr. Morehead, Mr. Jenkins, Mr. Reese and similarly situated Black employees, and which eradicate the effects of its past and present unlawful employment practices. C. Order the Defendant to make whole Mr. Morehead, Mr. Jenkins, Mr. Reese and similarly situated Black employees 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

COMPLAINT

3

unlawful employment practices, including but not limited to rightful place promotion. D. Order the Defendant to make whole Mr. Morehead, Mr. Jenkins and Mr. Reese and
similarly situated Black employees by providing compensation for past and future non-pecuniary losses resulting from the unlawful practices complained of in paragraph 7 above, including but not limited to, emotional pain, suffering, inconvenience, loss of enjoyment of life and humiliation, in amounts to be determined at trial.
E. Order the Defendant to make whole Mr. Morehead, Mr. Jenkins, Mr. Reese and similarly situated Black employees, by providing compensation for past and future pecuniary losses resulting from the unlawful practices complained of in paragraph 7, above, in amounts to be determined at trial.
F. Order the Defendant to pay punitive damages for its malicious or reckless conduct described in paragraph 7, above, in amounts to be determined at trial.
G. Grant such further relief as the Court deems necessary and proper. H. Award the Commission its costs in this action.
JURY TRIAL DEMAND The Commission requests a jury trial on all questions of fact raised by the complaint.

COMPLAINT

Respectfully submitted, RONALD COOPER General Counsel
JAMES LEE Deputy General Counsel
4

GWENDOLYN REAMS Associate General Counsel
~lf-A~ ROBERT A. CANINO Regional Attorney Oklahoma State Bar No. 011782
ROBERT B. HARWIN Associate Regional Attorney District of Columbia Bar No. 076083
SUZANNE M. ANDERSON Supervisory Trial Attorney Texas Bar No. 14009470
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION San Antonio Field Office 5410 Fredericksburg Road, Suite 200 San Antonio, Texas 78229-3555
Dallas District Office 207 South Houston, 3rd Floor Dallas, Texas 75202 (214) 253-2740 (214) 253-2749 (FAX)

COMPLAINT

5

C iQrfi. ~ ~ 10 r(fnI~-- I. CIVIL COVER SHEET e

b,r~ii· informa;;J~. The JS 44
provld.ed b 110

over sheet and . r'!ler-'?fA0I!ll.

the
jIJli,s,,fimP.,

;p~

0

aiWherem neither replace nor supplement the fihng and service of pleadmgs or other papers as required by law, except by the Judicial Conference of the Umted States in September 1974, is required for the use of the Clerk of Court for the purpo

of tnltJatm I~ vtl <OOtf s~e() @t'<)l)"lSTR ___ DNS ON THE REVERSE OF THE FORM)

I. (a) i>LA NTIFFS

.~

1~~'lt-~~m~~f~p~~~ITY COMMISSION

aRIG It'J1\ [ (b) County ofResidence ofFirst Listed Plaintiff S. PLAINTIFF CASES)

DEFENDANTS
THE SERVICEMASTER CO. D/B/A TERMINIX INTERNATIONAL CO.,
County of Residence of First Listed Defendant (IN U.S PLAINTIFF CASES ONLY)
NOTE IN LAND CONDEMNATION CASES, USE THE LOCATION OF THE LAND INVOLVED

(c) Attorney's (Fmn Name, Address, and Telephone Number)

Attorneys (If Known)

Robert A. Canino, Regional Attorney, EEOC, 207 S. Houston St., 3rd Fl., Dallas, Texas 75202 (214) 253-2750

3-06CV1761-M

II. BASIS OF JURISDICTION (Place an "X" In One Box Only)

U.s Government PlaintIff

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

III. CITIZENSHIP OF PRINCIPAL PARTIES(Place an "X" in One Box for Plalntl

(For DiverSIty Cases Only)

and One Box for Defendant)

PTF DEF

PTF DEF

CitIzen of This State

0 I 0 I Incorporated or Pnnclpal Place

0 4 04

of Business In Th,s State

o 2 US. Government
Defendant

o 4 DIVersity
(Indicate Citizenship of Parties in Item III)

C,tizen of Another State
CltJzen or Subject of a ForeIgn Country

o 2 0 2 Incorporated and PnnClpal Place
of Busmess In Another State

o 03

3 ForeIgn Nation

o 5 05
06 06

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

I

CONTRACT

o 110 Insurance

TORTS

FORFEITUREIPENALTY

PERSONAL INJURY

PERSONAL INJURY 0 610 Agnculture

0120 Manne
o 130 MIller Act

0 310 Airplane [) 315 Airplane Product

0 362 Personal Injury Med Malpractice

0 620 Other Food & Drug 0 625 Drug Related SeIzure

o0140 NegotJable Instrument

LiabIlity

150 Recovery of Overpayment 0 320 Assault, LIbel &

0 365 Personal Injury Product LIability

of Property 21 USC 881 0 630 LIquor Laws

& Enforcement of Judgment

Slander

o 151 MedIcare Act

0 330 Federal Employers'

o 152 Recovery of Defaulted

LiabIlity

0 368 Asbestos Personal InjUry Product
Liability

0 640 R R. & Truck 0 650 Airline Regs
0 660 OccupatIonal

Student Loans

0 340 Manne

PERSONAL PROPERTY

SafetylHealth

(Excl Veterans)

0 345 Manne Product

0 370 Other Fraud

0 690 Other

0153 Recovery of Overpayment

LiabIlity

of Veteran's Benefits
o 160 Stockholders' Suits
o 190 Other Contract
o 195 Contract Product LiabIlity

0 0
0

350 Motor VehIcle 355 Motor VehIcle
Product LiabIlity 360 Other Personal

o 196 Franchise

InjUry

0 371 Truth in Lendmg 0 380 Other Personal
Property Damage 0 385 Property Damage
Product LIabIlity

LABOR
P 710 Falf Labor Standards
Act 0 720 Labor/Mgmt RelatJons 0 730 Labor/Mgmt Reporting
& Disclosure Act

":"'I'k!-':2~1RO~LEa:'A:n'L:;drP.;RC';O'o;P;nE;;:Rd:'T:emY::;n::'a;It':'on----1~[J.-.4rC.4~IIV~V~I0L~lJR:';InGg:;H':'T;=S':':;;'---I:op;r.P;5R~1FI:Si0O~M~N0;tE~lRO~n'P;;Es~TtoIT~VI~Oa~Nc~Sat~e0~O

740 Railway Labor Act 790 Olher Labor Litigation

o0220 Foreclosure 230 Rent Lease & Ejectment
o 240 Torts to Land
o 245 Tort Product Liability o 290 All Other Real Property

~442 Employment

Sentence

0 791 Empl. Ret Inc

0 443 Housmgl

Habeas Corpus:

Secunty Act

Accommodations

0 530 General

0 444 Welfare

0 535 Death Penalty

0 445 Arner. wlDlsabilllJes - 0 540 Mandamus & Other

o Employment

0 550 Civil RIghts

446 Arner. wlDisablllltes - 0 555 Prison ConditIOn

o Other 440 Other CIvil Rights

BANKRUPTCY
o 422 Appeal 28 USC 158 o 423 Withdrawal
28 USC 157
PROPERTY RIGHTS
Id 820 Copynghts
o0830 Patent 840 Trademark
ISOCIAL SECURITY
Q 861 HIA(1395ff)
o 862 Black Lung (923) o 863 DIWCIDIWW (405(g)) o 864 ssm Title XVI o 865 RSI (405(g))
FEDERAL TAX SUITS U 870 Taxes (U.S. Plamtitl
or Defendant)
o 871 IRS-Thtrd Party
26 USC 7609

OTHER STATUTES
o 400 State Reapportionment o 410 Antitrust o~ 430 Banks and Banking
450 Commerce
0 460 Deportation 0 470 Racketeer Influenced and
Corrupt Organizations
0 480 Consumer CredIt 0 490 Cable/Sat TV 0 810 SelectIve ServIce
0 850 Secunties/Commoditiesi Exchange
0 875 Customer Challenge 12 USC 3410
0 890 Other Statutory Actions 0 891 Agricultural Acts
0 892 Economic StablltzalJon A,
0 893 Environmental Matters 0 894 Energy AllocatIOn Act 0 895 Freedom ofinfonnatJOn
Act
0 900 Appeal of Fee Detenninatto Under Equal Access
to Justice
0 950 ConslJtutionality of State Statutes

V. ORIGIN
r..dl Ongmal Proceeding

o (Place an "X" m One Box Only)

2 Removed from

0 3 Remanded from

State Court

Appellate Court

o o Transferred from 4 Reinstated or 0 5 another district

6 Multidistrict

Reopened

(specifY)

Litigation

Cite the U S. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity):

Appeal to Dlstnc
o Judge from 7 Magistrate Judgment

VI. CAUSE OF ACTION Brief description of cause: Title VII of Civil Rights Act of 1964, CP Morehead and others def. failed to or refuse to promote.

VII. REQUESTED IN COMPLAINT:

o CHECK IF THIS IS A CLASS ACTION
UNDER F.R.C.P. 23

VIII. RELATED CASE(S) IF ANY

(See mstructlOns):

JUDGE

DEMANDS

CHECK YES only if demanded in complaint:

'¢ JURY DEMAND:

Yes ONo

DOCKET NUMBER

RECEIPT #

AMOUNT

APPLYING IFP

JUDGE

MAG. JUDGE

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

EQUAL EMPLOYMENT OPPORTUNITY }

COMMISSION,

}

}

Plaintiff,

}

}

v.

}

}

THE SERVICEMASTER CO.

}

and TERMINIX INTERNATIONAL CO.,

}

}

Defendants.

}

__________________________________________}

CIVIL ACTION NO. 3-06CV1761-M AMENDED COMPLAINT
JURY TRIAL DEMANDED

EEOC’S FIRST AMENDED COMPLAINT

COMES NOW Plaintiff Equal Employment Opportunity Commission (“EEOC”) and

files this First Amended Complaint. EEOC makes this amendment based upon Defendants’

representation that there is no entity named The ServiceMaster Co. d/b/a Terminix International

Co. This is an action under Title VII of the Civil Rights Act of 1964 to correct unlawful

employment practices and to make whole Charging Party Saddaka Morehead, Aggrieved

Individuals AC. Jenkins and Rickey Reese and similarly-situated Black employees, who were

adversely affected by such practices. The Commission alleges that the Defendants, The

ServiceMaster Co. and Terminix International Co., discriminated against Mr. Morehead, Mr.

Jenkins and Mr. Reese and similarly-situated employees by failing or refusing to promote them to

the position of Pest Control Service Technician because of their race, Black.

JURISDICTION AND VENUE

1. Jurisdiction of this Court is invoked pursuant to 28 U.S.C. Sections 451, 1331,

1337, 1343, and 1345. This action is authorized and instituted pursuant to Sections 706(f)(1)

and(3) of Title VII of the Civil Rights Act of 1964, as amended, ("Title VII"), 42 U.S.C. Sections 2000e-5(f)(1) and (3), 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 jurisdiction of the United States District Court for the Northern District of Texas.
PARTIES 3. Plaintiff, Equal Employment Opportunity Commission (the "Commission"), is an agency of the United States of America charged with the administration, interpretation and enforcement of Title VII and is expressly authorized to bring this action by Section 706(a) of Title VII, 42 U.S.C. Section 2000e-5(a). 4. At all relevant times, Defendants, The ServiceMaster Co. and Terminix International Co., have continuously been and are now doing business in the State of Texas, and have continuously had at least fifteen employees. 5. At all relevant times, Defendants have continuously been an employer engaged in an industry affecting commerce within the meaning of Sections 701(b), (g) and (h) of Title VII, 42 U.S.C. Sections 2000e-(b), (g) and (h).
STATEMENT OF CLAIMS 6. More than thirty days prior to the institution of this lawsuit, Mr. Morehead filed a charge with the Commission alleging violations of Title VII by Defendant Terminix International. All conditions precedent to the institution of this lawsuit have been fulfilled. 7. During the employment of Mr. Morehead, Mr. Jenkins, Mr. Reese and similarlysituated Black employees, the Defendants have engaged in unlawful employment practices, in violation of section 703(a)(1) of Title VII, 42 U.S.C. Section 2000e-2, by failing and refusing to promote Mr. Morehead, Mr. Jenkins and Mr. Reese and similarly-situated Black employees to

the position of Pest Control Service Technician because of their race, Black. 8. The effect of the practices complained of in paragraph 7, above, has been to
deprive Mr. Morehead, Mr. Jenkins, Mr. Reese and similarly-situated Black employees of equal employment opportunities and otherwise adversely affect their status as an employees because of their race.
9. The unlawful employment practices complained of in paragraph 7, above, were intentional.
10. The unlawful employment practices complained of in paragraph 7, above, were done with malice or reckless indifference to the federally protected rights of Mr. Morehead, Mr. Jenkins, Mr. Reese and similarly situated Black employees.
PRAYER FOR RELIEF Wherefore, the Commission respectfully requests that this Court: A. Grant a permanent injunction enjoining the Defendants, The ServiceMaster Co. and Terminix International Co., their officers, successors, assigns, and all persons in active concert or participation with them, and from engaging in any employment practice which discriminates in violation of Title VII. B. Order the Defendants to institute and carry out policies, practices, and programs which provide equal employment opportunities for Mr. Morehead, Mr. Jenkins, Mr. Reese and similarly situated Black employees, and which eradicate the effects of their past and present unlawful employment practices. C. Order the Defendants to make whole Mr. Morehead, Mr. Jenkins, Mr. Reese and similarly-situated Black employees by providing appropriate back pay with prejudgment interest in amounts to be proved at trial, and other affirmative relief necessary to eradicate the effects of

unlawful employment practices, including but not limited to rightful place promotion. D. Order the Defendants to make whole Mr. Morehead, Mr. Jenkins and Mr. Reese
and similarly-situated Black employees by providing compensation for past and future nonpecuniary losses resulting from the unlawful practices complained of in paragraph 7 above, including but not limited to, emotional pain, suffering, inconvenience, loss of enjoyment of life and humiliation, in amounts to be determined at trial.
E. Order the Defendants to make whole Mr. Morehead, Mr. Jenkins, Mr. Reese and similarly-situated Black employees, by providing compensation for past and future pecuniary losses resulting from the unlawful practices complained of in paragraph 7, above, in amounts to be determined at trial.
F. Order the Defendants to pay punitive damages for its malicious or reckless conduct described in paragraph 7, above, in amounts to be determined at trial.
G. Grant such further relief as the Court deems necessary and proper. H. Award the Commission its costs in this action.
JURY TRIAL DEMAND The Commission requests a jury trial on all questions of fact raised by the complaint.
Respectfully submitted, RONALD COOPER General Counsel
JAMES LEE Deputy General Counsel GWENDOLYN REAMS Associate General Counsel

ROBERT A. CANINO Regional Attorney Oklahoma State Bar No. 011782
SUZANNE M. ANDERSON Supervisory Trial Attorney Texas Bar No. 14009470
/s/ William C. Backhaus WILLIAM C. BACKHAUS Senior Trial Attorney Texas Bar No. 0149380
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 207 S. Houston St., Third Floor Dallas, Texas 75238 (214) 253-2742 (214) 253-2749 (fax)

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

EQUAL EMPLOYMENT OPPORTUNITY }

COMMISSION,

}

}

Plaintiff,

}

}

v.

}

}

THE SERVICEMASTER CO.

}

and TERMINIX INTERNATIONAL CO.,

}

}

Defendants.

}

__________________________________________}

CIVIL ACTION NO. 3-06CV1761-M AMENDED COMPLAINT
JURY TRIAL DEMANDED

EEOC’S FIRST AMENDED COMPLAINT

COMES NOW Plaintiff Equal Employment Opportunity Commission (“EEOC”) and

files this First Amended Complaint. EEOC makes this amendment based upon Defendants’

representation that there is no entity named The ServiceMaster Co. d/b/a Terminix International

Co. This is an action under Title VII of the Civil Rights Act of 1964 to correct unlawful

employment practices and to make whole Charging Party Saddaka Morehead, Aggrieved

Individuals AC. Jenkins and Rickey Reese and similarly-situated Black employees, who were

adversely affected by such practices. The Commission alleges that the Defendants, The

ServiceMaster Co. and Terminix International Co., discriminated against Mr. Morehead, Mr.

Jenkins and Mr. Reese and similarly-situated employees by failing or refusing to promote them to

the position of Pest Control Service Technician because of their race, Black.

JURISDICTION AND VENUE

1. Jurisdiction of this Court is invoked pursuant to 28 U.S.C. Sections 451, 1331,

1337, 1343, and 1345. This action is authorized and instituted pursuant to Sections 706(f)(1)

and(3) of Title VII of the Civil Rights Act of 1964, as amended, ("Title VII"), 42 U.S.C. Sections 2000e-5(f)(1) and (3), 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 jurisdiction of the United States District Court for the Northern District of Texas.
PARTIES 3. Plaintiff, Equal Employment Opportunity Commission (the "Commission"), is an agency of the United States of America charged with the administration, interpretation and enforcement of Title VII and is expressly authorized to bring this action by Section 706(a) of Title VII, 42 U.S.C. Section 2000e-5(a). 4. At all relevant times, Defendants, The ServiceMaster Co. and Terminix International Co., have continuously been and are now doing business in the State of Texas, and have continuously had at least fifteen employees. 5. At all relevant times, Defendants have continuously been an employer engaged in an industry affecting commerce within the meaning of Sections 701(b), (g) and (h) of Title VII, 42 U.S.C. Sections 2000e-(b), (g) and (h).
STATEMENT OF CLAIMS 6. More than thirty days prior to the institution of this lawsuit, Mr. Morehead filed a charge with the Commission alleging violations of Title VII by Defendant Terminix International. All conditions precedent to the institution of this lawsuit have been fulfilled. 7. During the employment of Mr. Morehead, Mr. Jenkins, Mr. Reese and similarlysituated Black employees, the Defendants have engaged in unlawful employment practices, in violation of section 703(a)(1) of Title VII, 42 U.S.C. Section 2000e-2, by failing and refusing to promote Mr. Morehead, Mr. Jenkins and Mr. Reese and similarly-situated Black employees to

the position of Pest Control Service Technician because of their race, Black. 8. The effect of the practices complained of in paragraph 7, above, has been to
deprive Mr. Morehead, Mr. Jenkins, Mr. Reese and similarly-situated Black employees of equal employment opportunities and otherwise adversely affect their status as an employees because of their race.
9. The unlawful employment practices complained of in paragraph 7, above, were intentional.
10. The unlawful employment practices complained of in paragraph 7, above, were done with malice or reckless indifference to the federally protected rights of Mr. Morehead, Mr. Jenkins, Mr. Reese and similarly situated Black employees.
PRAYER FOR RELIEF Wherefore, the Commission respectfully requests that this Court: A. Grant a permanent injunction enjoining the Defendants, The ServiceMaster Co. and Terminix International Co., their officers, successors, assigns, and all persons in active concert or participation with them, and from engaging in any employment practice which discriminates in violation of Title VII. B. Order the Defendants to institute and carry out policies, practices, and programs which provide equal employment opportunities for Mr. Morehead, Mr. Jenkins, Mr. Reese and similarly situated Black employees, and which eradicate the effects of their past and present unlawful employment practices. C. Order the Defendants to make whole Mr. Morehead, Mr. Jenkins, Mr. Reese and similarly-situated Black employees by providing appropriate back pay with prejudgment interest in amounts to be proved at trial, and other affirmative relief necessary to eradicate the effects of

unlawful employment practices, including but not limited to rightful place promotion. D. Order the Defendants to make whole Mr. Morehead, Mr. Jenkins and Mr. Reese
and similarly-situated Black employees by providing compensation for past and future nonpecuniary losses resulting from the unlawful practices complained of in paragraph 7 above, including but not limited to, emotional pain, suffering, inconvenience, loss of enjoyment of life and humiliation, in amounts to be determined at trial.
E. Order the Defendants to make whole Mr. Morehead, Mr. Jenkins, Mr. Reese and similarly-situated Black employees, by providing compensation for past and future pecuniary losses resulting from the unlawful practices complained of in paragraph 7, above, in amounts to be determined at trial.
F. Order the Defendants to pay punitive damages for its malicious or reckless conduct described in paragraph 7, above, in amounts to be determined at trial.
G. Grant such further relief as the Court deems necessary and proper. H. Award the Commission its costs in this action.
JURY TRIAL DEMAND The Commission requests a jury trial on all questions of fact raised by the complaint.
Respectfully submitted, RONALD COOPER General Counsel
JAMES LEE Deputy General Counsel GWENDOLYN REAMS Associate General Counsel

ROBERT A. CANINO Regional Attorney Oklahoma State Bar No. 011782
SUZANNE M. ANDERSON Supervisory Trial Attorney Texas Bar No. 14009470
/s/ William C. Backhas WILLIAM C. BACKHAUS Senior Trial Attorney Texas Bar No. 0149380
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 207 S. Houston St., Third Floor Dallas, Texas 75238 (214) 253-2742 (214) 253-2749 (fax)
CERTIFICATE OF SERVICE
This is to certify that on the 6th day of March, 2007, EEOC counsel William Backhaus electronically transmitted the EEOC’s First Amended Complaint to the Clerk of the Court using the ECF system of filing, which transmitted a Notice of the Electronic Filing to Defendant’s counsel, an ECF registrant.
This certificate of service is further to certify that on March 12, 2006, EEOC Counsel Suzanne M. Anderson refiled the EEOC’s First Amended Complaint with this attached certificate of service using the ECF System, which will transmit another Notice of the Electronic Filing to Defendant’s Counsel below:
Samera S. Ludwig, Attorney Nicholas Anaclerio, Attorney Ungaretti & Harris 3500 Three First National Plaza Chicago, Ill. 60602-7283
/s/ Suzanne M. Anderson Suzanne M. Anderson

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

EQUAL EMPLOYMENT OPPORTUNITY }

COMMISSION,

}

}

Plaintiff,

}

}

v.

}

}

THE SERVICEMASTER CO.

}

and TERMINIX INTERNATIONAL CO.,

}

}

Defendants.

}

__________________________________________}

CIVIL ACTION NO. 3-06CV1761-M AMENDED COMPLAINT
JURY TRIAL DEMANDED

EEOC’S FIRST AMENDED COMPLAINT

COMES NOW Plaintiff Equal Employment Opportunity Commission (“EEOC”) and

files this First Amended Complaint. EEOC makes this amendment based upon Defendants’

representation that there is no entity named The ServiceMaster Co. d/b/a Terminix International

Co. This is an action under Title VII of the Civil Rights Act of 1964 to correct unlawful

employment practices and to make whole Charging Party Saddaka Morehead, Aggrieved

Individuals AC. Jenkins and Rickey Reese and similarly-situated Black employees, who were

adversely affected by such practices. The Commission alleges that the Defendants, The

ServiceMaster Co. and Terminix International Co., discriminated against Mr. Morehead, Mr.

Jenkins and Mr. Reese and similarly-situated employees by failing or refusing to promote them to

the position of Pest Control Service Technician because of their race, Black.

JURISDICTION AND VENUE

1. Jurisdiction of this Court is invoked pursuant to 28 U.S.C. Sections 451, 1331,

1337, 1343, and 1345. This action is authorized and instituted pursuant to Sections 706(f)(1)

and(3) of Title VII of the Civil Rights Act of 1964, as amended, ("Title VII"), 42 U.S.C. Sections 2000e-5(f)(1) and (3), 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 jurisdiction of the United States District Court for the Northern District of Texas.
PARTIES 3. Plaintiff, Equal Employment Opportunity Commission (the "Commission"), is an agency of the United States of America charged with the administration, interpretation and enforcement of Title VII and is expressly authorized to bring this action by Section 706(a) of Title VII, 42 U.S.C. Section 2000e-5(a). 4. At all relevant times, Defendants, The ServiceMaster Co. and Terminix International Co., have continuously been and are now doing business in the State of Texas, and have continuously had at least fifteen employees. 5. At all relevant times, Defendants have continuously been an employer engaged in an industry affecting commerce within the meaning of Sections 701(b), (g) and (h) of Title VII, 42 U.S.C. Sections 2000e-(b), (g) and (h).
STATEMENT OF CLAIMS 6. More than thirty days prior to the institution of this lawsuit, Mr. Morehead filed a charge with the Commission alleging violations of Title VII by Defendant Terminix International. All conditions precedent to the institution of this lawsuit have been fulfilled. 7. During the employment of Mr. Morehead, Mr. Jenkins, Mr. Reese and similarlysituated Black employees, the Defendants have engaged in unlawful employment practices, in violation of section 703(a)(1) of Title VII, 42 U.S.C. Section 2000e-2, by failing and refusing to promote Mr. Morehead, Mr. Jenkins and Mr. Reese and similarly-situated Black employees to

the position of Pest Control Service Technician because of their race, Black. 8. The effect of the practices complained of in paragraph 7, above, has been to
deprive Mr. Morehead, Mr. Jenkins, Mr. Reese and similarly-situated Black employees of equal employment opportunities and otherwise adversely affect their status as an employees because of their race.
9. The unlawful employment practices complained of in paragraph 7, above, were intentional.
10. The unlawful employment practices complained of in paragraph 7, above, were done with malice or reckless indifference to the federally protected rights of Mr. Morehead, Mr. Jenkins, Mr. Reese and similarly situated Black employees.
PRAYER FOR RELIEF Wherefore, the Commission respectfully requests that this Court: A. Grant a permanent injunction enjoining the Defendants, The ServiceMaster Co. and Terminix International Co., their officers, successors, assigns, and all persons in active concert or participation with them, and from engaging in any employment practice which discriminates in violation of Title VII. B. Order the Defendants to institute and carry out policies, practices, and programs which provide equal employment opportunities for Mr. Morehead, Mr. Jenkins, Mr. Reese and similarly situated Black employees, and which eradicate the effects of their past and present unlawful employment practices. C. Order the Defendants to make whole Mr. Morehead, Mr. Jenkins, Mr. Reese and similarly-situated Black employees by providing appropriate back pay with prejudgment interest in amounts to be proved at trial, and other affirmative relief necessary to eradicate the effects of

unlawful employment practices, including but not limited to rightful place promotion. D. Order the Defendants to make whole Mr. Morehead, Mr. Jenkins and Mr. Reese
and similarly-situated Black employees by providing compensation for past and future nonpecuniary losses resulting from the unlawful practices complained of in paragraph 7 above, including but not limited to, emotional pain, suffering, inconvenience, loss of enjoyment of life and humiliation, in amounts to be determined at trial.
E. Order the Defendants to make whole Mr. Morehead, Mr. Jenkins, Mr. Reese and similarly-situated Black employees, by providing compensation for past and future pecuniary losses resulting from the unlawful practices complained of in paragraph 7, above, in amounts to be determined at trial.
F. Order the Defendants to pay punitive damages for its malicious or reckless conduct described in paragraph 7, above, in amounts to be determined at trial.
G. Grant such further relief as the Court deems necessary and proper. H. Award the Commission its costs in this action.
JURY TRIAL DEMAND The Commission requests a jury trial on all questions of fact raised by the complaint.
Respectfully submitted, RONALD COOPER General Counsel
JAMES LEE Deputy General Counsel GWENDOLYN REAMS Associate General Counsel

ROBERT A. CANINO Regional Attorney Oklahoma State Bar No. 011782
SUZANNE M. ANDERSON Supervisory Trial Attorney Texas Bar No. 14009470
/s/ William C. Backhas WILLIAM C. BACKHAUS Senior Trial Attorney Texas Bar No. 0149380
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 207 S. Houston St., Third Floor Dallas, Texas 75238 (214) 253-2742 (214) 253-2749 (fax)

CORRECTED CERTIFICATE OF SERVICE
This is to certify that on the 6th day of March, 2007, EEOC counsel William Backhaus electronically transmitted the EEOC’s First Amended Complaint to the Clerk of the Court using the ECF system of filing, which transmitted a Notice of the Electronic Filing to Defendant’s counsel, an ECF registrant.
This certificate of service is further to certify that on March 12, 2006, EEOC Counsel Suzanne M. Anderson refiled the EEOC’s First Amended Complaint with this attached certificate of service using the ECF System, which will transmit a Notice of the Electronic Filing to Defendant’s Local Counsel below:
Jim Cuaderes Littler Mendelson 2001 Ross Avenue Dallas, Texas 75201
I have sent a faxed copy of the First Amended Complaint with this Corrected Certificate of Service to Defendant’s counsel who are not ECF registrants:
Samera S. Ludwig, Attorney Nicholas Anaclerio, Attorney Ungaretti & Harris 3500 Three First National Plaza Chicago, Ill. 60602-7283
/s/ Suzanne M. Anderson Suzanne M. Anderson

 
 Case 3:06-cv-01761 Document 25 Filed 07/31/2007 Page 1 of 2

-.-- - - .... ------.-~-~~ -

..•~.'"-~d_...,C,..;':,1 r-~~'rr.~--"""

IN THE UNITED STATES DISTRICT C UlJi)~nI£i';lrr:s':;:',,~':C';OFTEXAS

FOR THE NORTHERN DISTRICT OF T XAS
r--" .--.,--, DALLAS DIVISION

.,....nrC<' ,-=.~)

~~~~I::S~~?YMENT ~ I OPPOR11JNITY
)

CLT:rX,JuA..s.3mIST1DRlm~VIIKt

Plaintiff,

)

By ____ _________ ~

)

Lq,(;iY

)

v.

)

Case No. 3:06-CV-1761-M

)

THE SERVICEMASTER CO. and TERMINIX )

Hon. Barbara M.G. Lynn

INTERNATIONAL CO.,

)

)

Defendants.

)

ORDER OF DISMISSAL

This cause coming to be heard on the Parties' stipulation of the voluntary dismissal of

The ServiceMaster Company, pursuant to Rule 41(a)(1)(ii) of the Federal Rules of Civil

Procedure, due notice having been given to all parties and the Court being fully advised in the

premises:

IT IS HEREBY ORDERED THAT The ServiceMaster Company is dismissed with

/01 prejudice from this matter.
DATED: 1J?7 (

Order prepared by: EDUARDO F. CUADERES, JR Texas State Bar No. 05200800 LITTLER MENDELSON, P.C. 2001 Ross Avenue, Suite 2600 Lock Box 116 Dallas, Texas 75201 (214) 880-8113 (telephone) (214) 880-0181 (facsimile) jcuaderes@litter.com
950237-1

Case 3:06-cv-01761 Document 25 Filed 07/31/2007 Page 2 of 2
Nicholas Anaclerio, Jr. Samera S. Ludwig Antonio Caldarone UNGARETTI & HARRIS LLP 3500 Three First National Plaza Chicago, Illinois 60602 (312) 977-4400 (telephone) (312) 977-4405 (facsimile) ATTORNEYS FOR THE SERVICEMASTER COMPANY
950237-1

 
 Case 3:06-cv-01761 Document 31 Filed 08/06/2007 Page 1 of 5

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

EQUAL EMPLOYMENT OPPORTUNITY }

COMMISSION,

}

}

Plaintiff,

}

}

v.

}

}

}

THE TERMINIX INTERNATIONAL

}

COMPANY L.P.

}

Defendants.

}

__________________________________________}

CIVIL ACTION NO. 3-06CV1761-M AMENDED COMPLAINT
JURY TRIAL DEMANDED

EEOC’S SECOND AMENDED COMPLAINT

COMES NOW Plaintiff Equal Employment Opportunity Commission (“EEOC”) and

files this Second Amended Complaint. This is an action under Title VII of the Civil Rights Act of

1964 to correct unlawful employment practices and to make whole Charging Party Saddaka

Morehead, Aggrieved Individuals AC. Jenkins and Rickey Reese and similarly-situated Black

employees, who were adversely affected by such practices. The Commission alleges that

Defendant, The Terminix International Company L.P., (“Terminix”) discriminated against Mr.

Morehead, Mr. Jenkins and Mr. Reese and similarly-situated employees by failing or refusing to

promote them to the position of Pest Control Service Technician because of their race, Black.

JURISDICTION AND VENUE

1. Jurisdiction of this Court is invoked pursuant to 28 U.S.C. Sections 451, 1331,

1337, 1343, and 1345. This action is authorized and instituted pursuant to Sections 706(f)(1)

and(3) of Title VII of the Civil Rights Act of 1964, as amended, ("Title VII"), 42 U.S.C. Sections

2000e-5(f)(1) and (3), and Section 102 of the Civil Rights Act of 1991, 42 U.S.C. 1981a.

Case 3:06-cv-01761 Document 31 Filed 08/06/2007 Page 2 of 5
2. The employment practices alleged to be unlawful were committed within the jurisdiction of the United States District Court for the Northern District of Texas.
PARTIES 3. Plaintiff, Equal Employment Opportunity Commission (the "Commission"), is an agency of the United States of America charged with the administration, interpretation and enforcement of Title VII and is expressly authorized to bring this action by Section 706(a) of Title VII, 42 U.S.C. Section 2000e-5(a). 4. At all relevant times, Defendant, The Terminix International Company L.P., has continuously been and is now doing business in the State of Texas, and has continuously had at least five hundred or more employees. 5. At all relevant times, Defendant has continuously been an employer engaged in an industry affecting commerce within the meaning of Sections 701(b), (g) and (h) of Title VII, 42 U.S.C. Sections 2000e-(b), (g) and (h).
STATEMENT OF CLAIMS 6. More than thirty days prior to the institution of this lawsuit, Mr. Morehead filed a charge with the Commission alleging violations of Title VII by Defendant Terminix. All conditions precedent to the institution of this lawsuit have been fulfilled. Terminix has waived service. 7. During the employment of Mr. Morehead, Mr. Jenkins, Mr. Reese and similarlysituated Black employees, the Defendant engaged in unlawful employment practices, in violation of section 703(a)(1) of Title VII, 42 U.S.C. Section 2000e-2, by failing and refusing to promote Mr. Morehead, Mr. Jenkins and Mr. Reese and similarly-situated Black employees to the position of Pest Control Service Technician because of their race, Black.

Case 3:06-cv-01761 Document 31 Filed 08/06/2007 Page 3 of 5
8. The effect of the practices complained of in paragraph 7, above, has been to deprive Mr. Morehead, Mr. Jenkins, Mr. Reese and similarly-situated Black employees of equal employment opportunities and otherwise adversely affect their status as an employees because of their race.
9. The unlawful employment practices complained of in paragraph 7, above, were intentional.
10. The unlawful employment practices complained of in paragraph 7, above, were done with malice or reckless indifference to the federally protected rights of Mr. Morehead, Mr. Jenkins, Mr. Reese and similarly situated Black employees.
PRAYER FOR RELIEF Wherefore, the Commission respectfully requests that this Court: A. Grant a permanent injunction enjoining the Defendant, The Terminix International Company, L.P., its officers, successors, assigns, and all persons in active concert or participation with it, and from engaging in any employment practice which discriminates in violation of Title VII. B. Order the Defendant to institute and carry out policies, practices, and programs which provide equal employment opportunities for Mr. Morehead, Mr. Jenkins, Mr. Reese and similarly situated Black employees, and which eradicate the effects of its past and present unlawful employment practices. C. Order the Defendant to make whole Mr. Morehead, Mr. Jenkins, Mr. Reese and similarly-situated Black employees by providing appropriate back pay with prejudgment interest in amounts to be proved at trial, and other affirmative relief necessary to eradicate the effects of unlawful employment practices, including but not limited to rightful place promotion.

Case 3:06-cv-01761 Document 31 Filed 08/06/2007 Page 4 of 5
D. Order the Defendant to make whole Mr. Morehead, Mr. Jenkins and Mr. Reese and similarly-situated Black employees by providing compensation for past and future nonpecuniary losses resulting from the unlawful practices complained of in paragraph 7 above, including but not limited to, emotional pain, suffering, inconvenience, loss of enjoyment of life and humiliation, in amounts to be determined at trial.
E. Order the Defendant to make whole Mr. Morehead, Mr. Jenkins, Mr. Reese and similarly-situated Black employees, by providing compensation for past and future pecuniary losses resulting from the unlawful practices complained of in paragraph 7, above, in amounts to be determined at trial.
F. Order the Defendant to pay punitive damages for its malicious or reckless conduct described in paragraph 7, above, in amounts to be determined at trial.
G. Grant such further relief as the Court deems necessary and proper. H. Award the Commission its costs in this action.
JURY TRIAL DEMAND The Commission requests a jury trial on all questions of fact raised by the complaint.
Respectfully submitted, RONALD COOPER General Counsel
JAMES LEE Deputy General Counsel GWENDOLYN REAMS Associate General Counsel

Case 3:06-cv-01761 Document 31 Filed 08/06/2007 Page 5 of 5
ROBERT A. CANINO Regional Attorney Oklahoma State Bar No. 011782
SUZANNE M. ANDERSON Supervisory Trial Attorney Texas Bar No. 14009470
/s/ William C. Backhaus WILLIAM C. BACKHAUS Senior Trial Attorney Texas Bar No. 0149380
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 207 S. Houston St., Third Floor Dallas, Texas 75238 (214) 253-2742 (214) 253-2749 (fax)

 
 Case 3:06-cv-01761 Document 35 Filed 09/26/2007 Page 1 of 5

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

EQUAL EMPLOYMENT OPPORTUNITY }

COMMISSION,

}

}

Plaintiff,

}

}

v.

}

}

}

THE TERMINIX INTERNATIONAL

}

COMPANY L.P.

}

Defendants.

}

__________________________________________}

CIVIL ACTION NO. 3-06CV1761-M AMENDED COMPLAINT
JURY TRIAL DEMANDED

EEOC’S THIRD AMENDED COMPLAINT

COMES NOW Plaintiff Equal Employment Opportunity Commission (“EEOC”) and

files this Third Amended Complaint. This is an action under Title VII of the Civil Rights Act of

1964 to correct unlawful employment practices and to make whole Charging Party Saddaka

Morehead, Aggrieved Individuals AC. Jenkins and Rickey Reese and similarly-situated Black

employees, who were adversely affected by such practices. The Commission alleges that

Defendant, The Terminix International Company L.P., (“Terminix”) discriminated against Mr.

Morehead, Mr. Jenkins and Mr. Reese and similarly-situated employees by failing or refusing to

promote them to the position of Pest Control Service Technician because of their race, Black.

The Commission also alleges that Defendant terminated Charging Party Saddaka Morehead in

retaliation for complaining about the discrimination.

JURISDICTION AND VENUE

1. Jurisdiction of this Court is invoked pursuant to 28 U.S.C. Sections 451, 1331,

EEOC’S THIRD AMENDED COMPLAINT

1

Case 3:06-cv-01761 Document 35 Filed 09/26/2007 Page 2 of 5

1337, 1343, and 1345. This action is authorized and instituted pursuant to Sections 706(f)(1) and(3) of Title VII of the Civil Rights Act of 1964, as amended, ("Title VII"), 42 U.S.C. Sections 2000e-5(f)(1) and (3), 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 jurisdiction of the United States District Court for the Northern District of Texas.
PARTIES 3. Plaintiff, Equal Employment Opportunity Commission (the "Commission"), is an agency of the United States of America charged with the administration, interpretation and enforcement of Title VII and is expressly authorized to bring this action by Section 706(a) of Title VII, 42 U.S.C. Section 2000e-5(a). 4. At all relevant times, Defendant, The Terminix International Company L.P., has continuously been and is now doing business in the State of Texas, and has continuously had at least 501 or more employees. 5. At all relevant times, Defendant has continuously been an employer engaged in an industry affecting commerce within the meaning of Sections 701(b), (g) and (h) of Title VII, 42 U.S.C. Sections 2000e-(b), (g) and (h).
STATEMENT OF CLAIMS 6. More than thirty days prior to the institution of this lawsuit, Mr. Morehead filed a charge with the Commission alleging violations of Title VII by Defendant Terminix. All conditions precedent to the institution of this lawsuit have been fulfilled. Terminix has waived service. 7. During the employment of Mr. Morehead, Mr. Jenkins, Mr. Reese and similarly-

EEOC’S THIRD AMENDED COMPLAINT

2

Case 3:06-cv-01761 Document 35 Filed 09/26/2007 Page 3 of 5

situated Black employees, the Defendant engaged in unlawful employment practices, in violation of section 703(a)(1) of Title VII, 42 U.S.C. Section 2000e-2, by failing and refusing to promote Mr. Morehead, Mr. Jenkins and Mr. Reese and similarly-situated Black employees to the position of Pest Control Service Technician because of their race, Black, and in violation of Section (704)(a) of Title VII, 42 U.S.C. § 2000e-3(a), by terminating Saddaka Morehead from his employment in retaliation for complaining of the harassment.
8. The effect of the practices complained of in paragraph 7, above, has been to deprive Mr. Morehead, Mr. Jenkins, Mr. Reese and similarly-situated Black employees of equal employment opportunities and otherwise adversely affect their status as an employees because of their race.
9. The unlawful employment practices complained of in paragraph 7, above, were intentional.
10. The unlawful employment practices complained of in paragraph 7, above, were done with malice or reckless indifference to the federally protected rights of Mr. Morehead, Mr. Jenkins, Mr. Reese and similarly situated Black employees.
PRAYER FOR RELIEF Wherefore, the Commission respectfully requests that this Court: A. Grant a permanent injunction enjoining the Defendant, The Terminix International Company, L.P., its officers, successors, assigns, and all persons in active concert or participation with it, and from engaging in any employment practice which discriminates in violation of Title VII. B. Order the Defendant to institute and carry out policies, practices, and programs

EEOC’S THIRD AMENDED COMPLAINT

3

Case 3:06-cv-01761 Document 35 Filed 09/26/2007 Page 4 of 5

which provide equal employment opportunities for Mr. Morehead, Mr. Jenkins, Mr. Reese and similarly situated Black employees, and which eradicate the effects of its past and present unlawful employment practices.
C. Order the Defendant to make whole Mr. Morehead, Mr. Jenkins, Mr. Reese and similarly-situated Black employees by providing appropriate back pay with prejudgment interest in amounts to be proved at trial, and other affirmative relief necessary to eradicate the effects of unlawful employment practices, including but not limited to rightful place promotion.
D. Order the Defendant to make whole Mr. Morehead, Mr. Jenkins and Mr. Reese and similarly-situated Black employees by providing compensation for past and future nonpecuniary losses resulting from the unlawful practices complained of in paragraph 7 above, including but not limited to, emotional pain, suffering, inconvenience, loss of enjoyment of life and humiliation, in amounts to be determined at trial.
E. Order the Defendant to make whole Mr. Morehead, Mr. Jenkins, Mr. Reese and similarly-situated Black employees, by providing compensation for past and future pecuniary losses resulting from the unlawful practices complained of in paragraph 7, above, in amounts to be determined at trial.
F. Order the Defendant to pay punitive damages for its malicious or reckless conduct described in paragraph 7, above, in amounts to be determined at trial.
G. Grant such further relief as the Court deems necessary and proper. H. Award the Commission its costs in this action.
JURY TRIAL DEMAND The Commission requests a jury trial on all questions of fact raised by the complaint.

EEOC’S THIRD AMENDED COMPLAINT

4

Case 3:06-cv-01761 Document 35 Filed 09/26/2007 Page 5 of 5
Respectfully submitted,
RONALD COOPER General Counsel
JAMES LEE Deputy General Counsel
GWENDOLYN REAMS Associate General Counsel
ROBERT A. CANINO Regional Attorney Oklahoma State Bar No. 011782
SUZANNE M. ANDERSON Supervisory Trial Attorney Texas Bar No. 14009470
/s/ William C. Backhaus WILLIAM C. BACKHAUS Senior Trial Attorney Texas Bar No. 0149380
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 207 S. Houston St., Third Floor Dallas, Texas 75238 (214) 253-2742 (214) 253-2749 (fax)

EEOC’S THIRD AMENDED COMPLAINT

5

 
 Case 3:06-cv-01761 Document 42 Filed 01/07/2008 Page 1 of 11

TEXAS

I

,J~ .,

pI~ ~~~..-~.~J.I 1.\1. HE.l\.ITEDSTATES llISTRIC COliRT .
FOR TilE :->ORTIIER:-< IIiSTRICT OF TL'AS

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.

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• CL':'.l~.K,U.S.DlS.l:tUC CURT

U)l AL E\lPLO\\U::\T (}PPORn.\ITY <. 'O\l\lISSIO"i,
Plaintiff,

CIVIL

NO,

3-06~CV1761~M

("H ()C

\Ii

likd

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, tlh.:· al

FFCIC.

Case 3:06-cv-01761 Document 42 Filed 01/07/2008 Page 2 of 11

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Case 3:06-cv-01761 Document 42 Filed 01/07/2008 Page 3 of 11

.LP

rk!endant The Termim:.:

Cn ..

. !'

Co.. L.P \\iH

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til<..' ~. Each a cupy all
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0., LP.

Case 3:06-cv-01761 Document 42 Filed 01/07/2008 Page 4 of 11

\v[!hin 14 del;' S(I (he t:lltry of

compl

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Case 3:06-cv-01761 Document 42 Filed 01/07/2008 Page 5 of 11

1.2. \'.ith term:-; 01
I'ay interest at any ul1timei:- (11'

The l-:rmi ni ~~

C.S

(hI un

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Case 3:06-cv-01761 Document 42 Filed 01/07/2008 Page 6 of 11
so (

Case 3:06-cv-01761 Document 42 Filed 01/07/2008 Page 7 of 11
No. 117 State Bar No. 14009470
Bar No. 0
FOR DEFENDANT:

Case 3:06-cv-01761 Document 42 Filed 01/07/2008 Page 8 of 11

{'.S. [orAL L'\'IPLOY;\IENT OPPORTUNITY COl\ll\USSION "OTter:: TO ALL E'IPlOY}~ES

\., ; ;\ ('f

.!

POLlCY:

il1('n~. :)Uti;:;;,:'. Jt'I: postc'd. It must not

PI ({POSE: l.i;~' ('[ \ iI Ri
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DE!'!'i ITHJ\:

I) rhe :1;\;'l1t Oppunur:ilY Ibe Termini;.; [
c ..

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·.he:

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:;)

mJi,iJual';-; race, (,(1i1);, nalional

Case 3:06-cv-01761 Document 42 Filed 01/07/2008 Page 9 of 11

II

HFPORTI1\G PROCEJ)U.RES:

or n,;talJati(ll~ is

p"::·:'(111'~;

tal\.' :'llf'1('njS(lL an:, :il:p.:nis\lf or

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II uman RI'S(hll\:":S Dt:parlmClll nUl> he ..:onlaCll'd al

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thl..' I j'Jman J{;;soun:c" Dq1artmt:l1L The i

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Case 3:06-cv-01761 Document 42 Filed 01/07/2008 Page 10 of 11

I'IBS IS .\ 'I

CL\L ~OTl(E D \H'ST ;\01' BE RE\lo\r.ED DEFACEU H\

'\ '\, O'.L TillS '\OTKT. \vIU HF POSTED FOH A PERIOD OF (Y\E J{,

Regional Attorney Office, EEOC

Case 3:06-cv-01761 Document 42 Filed 01/07/2008 Page 11 of 11

CASE CLOSED

CASE NUMBER: 3: 06-()J- /1b 1-10.

DATE:

o(-al-J-Oo~

TRIAL: YES

NO- )(- -

 
 District Version 3.1.2

https://ecf.txnd.uscourts.gov/cgi-bin/DktRpt.pl?873068871569004-L_1...

CLOSED, ECF, JURY, SANDERSON
U.S. District Court Northern District of Texas (Dallas) CIVIL DOCKET FOR CASE #: 3:06-cv-01761

Equal Employment Opportunity Commission v. The ServiceMaster Co et al Assigned to: Judge Barbara M. G. Lynn Cause: 28:451 Employment Discrimination

Date Filed: 09/26/2006 Date Terminated: 01/07/2008 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

Plaintiff
Equal Employment Opportunity Commission

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

Robert B Harwin Equal Employment Opportunity Commission San Antonio District Office 5410 Fredricksburg Rd Suite 200 San Antonio, TX 78240 210/281-7643

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

William C Backhaus

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V. Defendant The ServiceMaster Co TERMINATED: 07/31/2007
Defendant
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Equal Employment Opportunity Commission Dallas District Office 207 S Houston 3rd Floor Dallas, TX 75202 214/253-2742 Fax: 214/253-2749 FAX Email: william.backhaus@eeoc.gov ATTORNEY TO BE NOTICED
represented by Eduardo F Cuaderes Littler Mendelson 2001 Ross Ave Suite 1500 LB 116 Dallas, TX 75201-2931 214/880-8113 Fax: 214/880-0181 FAX Email: jcuaderes@littler.com TERMINATED: 07/31/2007 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Antonio Caldarone Ungaretti & Harris 3500 Three First National Plaza Chicago, IL 60602 312/977-4400 Fax: 312/977-4405 Email: acaldarone@uhlaw.com TERMINATED: 07/31/2007 ATTORNEY TO BE NOTICED
Nicholas Anaclerio, Jr Ungaretti & Harris 3500 Three First National Plaza Chicago, IL 60602 312/977-4375 Fax: 312/977-4405 Email: nanaclerio@uhlaw.com TERMINATED: 07/31/2007 ATTORNEY TO BE NOTICED
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The Terminix International Company LP
Mediator ADR Provider TERMINATED: 11/28/2007

represented by Linda C Schoonmaker Seyfarth Shaw 700 Louisiana Suite 3850 Houston, TX 77002-2731 713/225-2300 Fax: 713/225-2340 FAX Email: lschoonmaker@seyfarth.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Samera S Ludwig Ungaretti & Harris 3500 Three First National Plaza Chicago, IL 60602 312/977-4400 Fax: 312/977-4405 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Antonio Caldarone (See above for address) ATTORNEY TO BE NOTICED
Nicholas Anaclerio, Jr (See above for address) ATTORNEY TO BE NOTICED
represented by Courtenay L Bass Gilbert Mediation Group 3131 McKinney Ave Suite 125 Dallas, TX 75204 214/303-4500 Fax: 214/303-4501 Email: clbmediate@aol.com

Date Filed 09/26/2006
09/26/2006 09/26/2006

# Docket Text
1 COMPLAINT against The ServiceMaster Co filed by Equal Employment Opportunity Commission. (axm, ) Modified on 9/28/2006 (axm, ). (Entered: 09/27/2006)
DEMAND for Trial by Jury by Equal Employment Opportunity Commission. (contained within complaint) (axm, ) (Entered: 09/27/2006)
2 Summons Issued as to The ServiceMaster Co. (axm, ) Modified on 9/28/2006 (axm, ). (Entered: 09/27/2006)

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09/26/2006 09/27/2006 09/27/2006 01/30/2007
02/08/2007 02/09/2007
02/16/2007 02/16/2007 02/16/2007 03/06/2007 03/06/2007
03/12/2007 03/12/2007 03/20/2007
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3 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Equal Employment Opportunity Commission. (axm, ) (Entered: 09/27/2006)
***Magistrate Judge Sanderson chosen by random selection to handle matters that may be referred in this case. (axm, ) (Entered: 09/27/2006)
4 Order Designating Case for ECF - see order for specifics. (Signed by Judge Barbara M. G. Lynn on 09/27/2006) (axm, ) (Entered: 09/27/2006)
5 ORDER TO SHOW CAUSE: by February 9, 2007, Plaintiff shall file a valid return of service as to Defendant The ServiceMaster Company, doing business as Terminix International Co., or show good cause in writing why service cannot be made, or this action will be dismissed without further notice for failure to prosecute. (Signed by Judge Barbara M. G. Lynn on 1/30/07) (cxb) (Entered: 01/30/2007)
7 NOTICE OF WAIVER OF SERVICE Returned Executed as to The ServiceMaster Company. Waiver sent on 2/1/2007, answer due 4/2/2007. (cxb) (Entered: 02/09/2007)
6 NOTICE by Equal Employment Opportunity Commission of Second Service (Attachments: # 1 Exhibit # 2 Exhibit # 3 Exhibit # 4 Exhibit # 5 Exhibit # 6 Exhibit # 7 Exhibit # 8 Exhibit # 9 Exhibit # 10 Exhibit # 11 Exhibit # 12 Exhibit # 13 Exhibit) (Backhaus, William) (Entered: 02/09/2007)
8 MOTION to Dismiss by The ServiceMaster Company (Cuaderes, Eduardo) (Entered: 02/16/2007)
9 Brief/Memorandum in Support filed by The ServiceMaster Company re 8 MOTION to Dismiss (Attachments: # 1) (Cuaderes, Eduardo) (Entered: 02/16/2007)
10 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by The ServiceMaster Company. (Cuaderes, Eduardo) (Entered: 02/16/2007)
11 FIRST AMENDED COMPLAINT against The ServiceMaster Co and Terminix International Co filed by Equal Employment Opportunity Commission. (Backhaus, William) Modified on 3/7/2007 (cxb). (Entered: 03/06/2007)
12 RESPONSE filed by Equal Employment Opportunity Commission re 8 MOTION to Dismiss (Attachments: # 1 Exhibit # 2 Exhibit # 3 Exhibit # 4 Exhibit # 5 Exhibit # 6 Exhibit # 7 Exhibit # 8 Exhibit # 9 Exhibit # 10 Exhibit # 11 Exhibit # 12 Exhibit # 13 Exhibit # 14 Exhibit # 15 Exhibit # 16 Exhibit) (Backhaus, William) (Entered: 03/06/2007)
13 AMENDED COMPLAINT Refiled with Cert of Service against all defendants filed by Equal Employment Opportunity Commission. (Anderson, Suzanne) (Entered: 03/12/2007)
14 AMENDED COMPLAINT Refiled with CORRECTED certificate of service against all defendants filed by Equal Employment Opportunity Commission. (Anderson, Suzanne) (Entered: 03/12/2007)
15 REPLY filed by The ServiceMaster Co re 8 MOTION to Dismiss (Cuaderes, Eduardo) (Entered: 03/20/2007)
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16 MOTION to Strike by The ServiceMaster Co (Attachments: # 1) (Cuaderes, Eduardo) (Entered: 03/20/2007)
17 NOTICE of Attorney Appearance by Antonio Caldarone on behalf of The ServiceMaster Co (Caldarone, Antonio) (Entered: 04/24/2007)
18 NOTICE of Attorney Appearance by Nicholas Anaclerio, Jr on behalf of The ServiceMaster Co (Anaclerio, Nicholas) (Entered: 04/24/2007)
19 ***VACATED IN PART PER #26***Memorandum Opinion and Order denying 8 Motion to Dismiss filed by The ServiceMaster Co. This action is STAYED until October 8, 2007 to allow the EEOC to amend the administrative charge and pursue conciliation with Service Master. Following such attempt at conciliation, the EEOC may amend its First Amended Complaint to address the deficiencies identified in this order. See order for details. (Signed by Judge Barbara M. G. Lynn on June 26, 2007) (jyg) Modified on 8/2/2007 (svc). (Entered: 06/26/2007)
20 MOTION for Reconsideration by The ServiceMaster Co (Anaclerio, Nicholas) (Entered: 07/10/2007)
21 Brief/Memorandum in Support filed by The ServiceMaster Co re 20 MOTION for Reconsideration (Anaclerio, Nicholas) (Entered: 07/10/2007)
22 STIPULATION by Terminix International Co and the Equal Opportunity Employment Commission. (Caldarone, Antonio) (Entered: 07/30/2007)
23 NOTICE by The ServiceMaster Co of Withdrawal re 20 Motion for Reconsideration. (Caldarone, Antonio) Modified on 7/31/2007 (klm). (Entered: 07/30/2007)
24 ORDER denying as moot 20 Defendant ServiceMaster Company's Motion for Reconsideration. (Signed by Judge Barbara M. G. Lynn on 7/31/07) (klm) (Entered: 07/31/2007)
25 ORDER of Dismissal: The ServiceMaster Company is dismissed with prejudice from this matter. (Signed by Judge Barbara M. G. Lynn on 7/31/07) (skt) (Entered: 08/01/2007)
26 ORDER: In light of the dismissal of Defendant ServiceMaster Company, the Court's stay, imposed by the Memorandum Opinion and Order of June 26, 2007, is VACATED. An order requiring the parties to submit a proposed scheduling order will be submitted after Defendant answers. (Signed by Judge Barbara M. G. Lynn on 08/02/07) (lmp) Modified on 8/6/2007 (jkm). (Entered: 08/02/2007)
27 NOTICE of Attorney Appearance by Nicholas Anaclerio, Jr on behalf of Terminix International Co (Anaclerio, Nicholas) (Entered: 08/03/2007)
28 WAIVER OF SERVICE Returned Executed as to Terminix International Co. Waiver sent on 8/3/2007, answer due 10/2/2007. (Anaclerio, Nicholas) (Entered: 08/03/2007)
29 Agreed Motion for Entry of a Scheduling Order by Terminix International Co. (Anaclerio, Nicholas) Modified on 8/6/2007 (klm). (Entered: 08/03/2007)

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30 NOTICE of Attorney Appearance by Antonio Caldarone on behalf of Terminix International Co (Caldarone, Antonio) (Entered: 08/03/2007)
31 AMENDED COMPLAINT (SECOND) against Terminix International Co filed by Equal Employment Opportunity Commission. (Backhaus, William) (Entered: 08/06/2007)
32 ORDER granting 29 Agreed Motion for Entry of a Scheduling Order filed by The Terminix International Company LP. Plaintiff shall file its second amended complaint by August 9, 2007, and Defendant shall file a responsive pleading by August 30, 2007. (Signed by Judge Barbara M. G. Lynn on 8/6/07) (klm) (Entered: 08/06/2007)
33 ANSWER to Amended Complaint (Second) by The Terminix International Company LP (Anaclerio, Nicholas) (Entered: 08/30/2007)
34 ORDER REQUIRING SCHEDULING CONFERENCE AND REPORT FOR CONTENTS OF SCHEDULING ORDER. Proposed Scheduling Order due by 10/19/2007. See order for other specifics. (Signed by Judge Barbara M. G. Lynn on 9/7/07) (Attachments: # 1 Consent Letter# 2 Consent Form) (jrb) (Entered: 09/07/2007)
35 THIRD AMENDED COMPLAINT against The Terminix International Company LP filed by Equal Employment Opportunity Commission. (Backhaus, William) Modified on 9/26/2007 (lmp). (Entered: 09/26/2007)
36 STATUS REPORT by Equal Employment Opportunity Commission, The Terminix International Company LP. (Anaclerio, Nicholas) (Entered: 10/19/2007)
37 Alternative Dispute Resolution Summary filed by Courtenay Lee Bass. Attorneys in Attendance: Suzanne Anderson, William Backhaus, Linda Schoonmaker, Robert Nobile, Mark Williams. Prv Fee: $ 2500. Outcome of ADR: Settled as a result of ADR. (Bass, Courtenay) (Entered: 11/28/2007)
38 Letter from Judge Lynn regarding dismissal papers. Dismissal papers due 12/17/07. (Signed by Judge Barbara M. G. Lynn on 12/3/07) (svc) (Entered: 12/04/2007)
39 NOTICE of Attorney Appearance by Linda C Schoonmaker on behalf of The Terminix International Company LP. (Schoonmaker, Linda) (Entered: 12/04/2007)
40 ***PROPOSED ORDER***NOTICE by Equal Employment Opportunity Commission, The Terminix International Company LP AGREED CONSENT DECREE (Backhaus, William) Modified on 12/19/2007 (tln). (Entered: 12/18/2007)
41 Agreed MOTION to File Consent Decree by Equal Employment Opportunity Commission, The Terminix International Company LP (Attachments: # 1 Exhibit Consent Decree) (Backhaus, William) Modified on 12/20/2007 (tln). (Entered: 12/19/2007)
42 Consent Decree re 41 Agreed Motion to file Consent Decree. (see order for specifics) (Signed by Judge Barbara M. G. Lynn on 1/7/08) (tln) (Entered:
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01/08/2008) ***Civil Case Terminated per Consent Decree (doc. 42). (tln) (Entered: 01/08/2008)

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