IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF LOUISIANA
LAKE CHARLES DIVISION

~J. S. D~STR~CT COU~~r r-~_ED

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff,
TRAC-WORK, INC
Defendant.

)

)

DE PU"[ ~r

)

) )

C V t .oJ 981 LC

)

)

)

COMPLAINT

)

JUDGE IVIINALDI

)

)

JURY DEMAND

)

NATURE OF THE ACTION

This is an action under Title VII of the Civil Rights Act of 1964 and Title I of the Civil

Rights Act of 1991. to correct unlawful employment practices on the basis of race and to provide

appropriate relief to Richard Shelton and other African Americans who were adversely affected

by such practices. The Commission alleges that Richard Shelton and other African Americans

were subjected to a racially offensive and hostile environment at Defendant’s work sites.

Specifically, Mr. Shelton and other African Americans were referred to as "niggers" and

"monkeys"on a daily basis by foreman Tim Stelly. Mr. Shelton complained to his supervisors

but no action was taken to eliminate the racially offensive environment. JURISDICTION AND VENUE

1. Jurisdiction of this Court is invoked pursuant to 28 U.S.C. §§ 451, 1331, 1337,

1343 and 1345. This action is authorized and instituted pursuant to Section 706(0(1)and (3) of

Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C.§ 2000e-5(f)(1) 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 jurisdiction of the United States District Court for the Western District of Louisiana, Lake Charles 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 Title 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)(1) and (3). 4. At all relevant times, Defendant, Trac-Work, Inc., a Texas-based corporation (the "Employer"), has continuously been doing business in the State of Louisiana and the City of Lake Charles and has continuously had at least 15 employees. 5. At all relevant times, Defendant Employer 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, Richard Shelton filed a charge with the Commission alleging violations of Title VII by Defendant Trac-Work. All conditions precedent to the institution of this lawsuit have been fulfilled. 7. Since at least September 2001, Defendant Trac-Work has engaged in unlawful employment practices at Lake Charles area work sites in violation of Section 703 of Title VII, 42 U.S.C. § 2000e-2. Because of their race, African American, Richard Shelton and other African Americans were subjected to a racially offensive and hostile environment at Defendant’s work

sites. Specifically, Mr. Shelton and other African Americans were referred to as "niggers" and "monkeys"on a daily basis by foreman Tim Stelly. Mr. Shelton complained to his supervisors but no action was taken to eliminate the racially offensive environment.
8. The effect of the practice(s) complained of in paragraph seven above has been to deprive Richard Shelton of equal employment opportunities and otherwise adversely affect his status as an employee because of his race.
9. The unlawful employment practices complained of in paragraph seven above were intentional.
I 0. The unlawful employment practices complained of in paragraph seven above were done with malice or with reckless indifference to the federally protected rights of Richard Shelton and other African American employees.
PRAYER FOR RELIEF Wherefore, the Commission respectfully requests that this Court: A. Grant a permanent injunction enjoining Defendant Trac -Work, Inc., its officers, successors, assigns, and all persons in active concert or participation with it, from engaging in use of racial slurs and any other employment practice which discriminates on the basis of race. B. Order Defendant Trac-Work, Inc to institute and carry out policies, practices, and programs which provide equal employment opportunities for African Americans, and which eradicate the effects of its past and present unlawful employment practices. C. Order Defendant Trac Work to make whole Richard Shelton and other affected African Americans, by providing affirmative relief necessary to eradicate the effects of its unlawful employment practices, including permanently enjoining of the use of racial slurs.
3

D. Order Defendant Trac-Work, Inc. to make whole Richard Shelton and other African American employees by providing compensation for past and future non-pecuniary losses resulting from the unlawful practices complained of in paragraph seven above, including
pain and suffering, emotional distress, loss of enjoyment of life and humiliation, in amounts to be determined at trial.
E. Order Defendant Trac-Work-Inc. to pay Richard Shelton and other African American employees punitive damages for its malicious and reckless conduct described in paragraphs seven above, in amounts to be determined at trial.
Grant such further relief as the Court deems necessary and proper in the public
interest. G. 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.
ERIC DRIEBAND General Counsel No Bar Roll Number Assigned
JAMES L. LEE Deputy General Counsel No Bar Roll Number Assigned
GWENDOLYN YOUNG REAMS Associate General Counsel No Bar Roll Number A~signed
KEITI~ T. HILL /~ Regional Attorney Bar Roll Number 15200000

Supervisory Trial Attorney Bar Roll Number 1286
N. ELEANOR GRAHAM Trial Attorney Bar Roll Number 16946 COUNSEL FOR PLAINTIFF, EQUAL EMPLOYMENT OPPORTUNITY COMMISSION New Orleans District Office 701 Loyola Avenue Suite 600 New Orleans, Louisiana 70113 Tel:(504) 589-3844 (Hill)
(504) 589-6942 (Butler) (504) 589-6922 (Graham) Fax: (504) 589-2805
SERVE DEFENDANT: Trac-Work, Inc. through its registered agent for service in Louisiana CT Corp. System 8550 United Plaza Baton Rouge, Louisiana 70809
5

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

New Orleans District Office

7ol Loyola Avenue, Suite 60~

New Orleans, LA 70113-9936

(504) 589-2329

qTY (504) 589-2958

FAX (504) 589-6861

Website : www. eeoc, gov

September 27, 2004

Robert H. Shemwell

District Clerk of Court United States District Court

C /04-1981 LC

Western District of Louisiana 800 Lafayette Street, Suite 2100

JUDGE MINALDI

Lafayette, La. 70501

MAGISTIRAiE JUD~ WILSON

Re: EEOC v. Trac-Work, Inc.; filing of original Complaint by U.S. agency

Dear Mr. Shemwell:

The plaintiff U. S. Equal Employment Opportunity Commission submits the enclosed original Complaint with jury demand, civil cover sheet and financial cover sheet. Please accept the Complaint for filing in the Lake Charles Division and clock and return the four copies that we have provided for service and our own record-keeping.

Thank you for your attention to this matter. Sincerely,

neg\ Enclosures

N. Eleanor Graham Senior Trial Attorney

 
 Case 2:04-cv-01981-PM-APW Document 13 Filed 12/20/2004 Page 1 of 4

RECEIVED

u~t; 2 1 2004 IN THE UNITED STATES DISTRICT COURT

~-lStH~L~lE~VEiPs.O~llT~","T~ cCc~cRcFuUcM.~lr~oR

THE

WESTERN DISTRICT OF LOUISIANA LAKE CHARLES DIVISION

FILE D
u. S. DISTRICT COURT
W£ST[R~ DISTRICT OF LOUIS!AM.6.
DEC 2 0 1004

EQUAL EMPLOYMENT OPPORTUNITY )

COMMISSION,

)

)

Plaintiff,

)

)

TRAC-WORK,INC.

)

)

Defendant.

)

CIVIL ACTION NO. CV04-1981 INTERVENTION

RICHARD SHELTON, a resident of the Parish of Calcasieu, State of Louisiana, of full age of majority, represents that:

I.

Plaintiff, EQUAL EMPLOYMENT OPPORTUNITY COMMISSION ("EEOC"). has
brought an action entitled EQUAL EMPLOYMENT OPPORTUNITY COMMISSION vs. TRACWORK, INC, Docket Number CV04-1981. United States Disttict Court for the Western Disttict
of Louisiana, Lake Charles Division, seeking recovery pursuant to Title VII of the Civil Rights Act of 1964 and Title I of the Civil Rights Act of 1991 to correct unlawful employment practices on the basis of race and to provide appropriate reliefto Richard Shelton and other African Americans who were adversely affected by such practices.

2.

Intervener, RICHARD SHELTON, is an African American.

3.

Intervener. RICHARD SHELTON. avers that he was employed by TRAC-WORK. INC. on or about September 1,2002 as a laborer with a starting pay of$7.00.

4.

White employees were hired as labors with starting pay of $8.00 to $9.00 per hour.

5.

At the time intervener, RICHARD SHELTON, was hired and for the duration of his employment, his immediate supervisor was TIM STELLY.

1

Case 2:04-cv-01981-PM-APW Document 13 Filed 12/20/2004 Page 2 of 4
6. From the date that intervener, RICHARD SHELTON, was first hired at TRAC-WORKS, INC., he was subjected to racial epithets and harassment on a daily basis.
7. TIM STELLY repeatedly referred to RICHARD SHELTON as well as other Africao American co-workers as "niggers".
8. TIM STELLY often summoned RICHARD SHELTON aod other Africao Americao coworkers by telling them to "get your monkey asses over here," or "'get your black asses over here," and "get your nigger asses over here".
9. Other white foremen would tease TIM STELLY about the fact that he was often late to work and would have had a hard time getting the day's work done. TIM STELLY's usual response was, "Don't worry about that; my niggers will take care of it."
10. Each morning, RICHARD SHELTON reported to the TRAC-WORK, INC. office and TIM STELLY would then drive the crew to the job site in his vehicle.
II. TIM STELLY displayed a hangman's noose with a black doll daogling ftom it by the neck from his rearview mirror.
12. RICHARD SHELTON as well as other co-works complained to PAUL ACRES, the branch manager, regarding TIM STELLY's constant harassment and use of offensive racial epithets.
13. PAUL ACRES only reply to RICHARD SHELTON, as well as the other co-workers, was "You know how he is."
14.
2

Case 2:04-cv-01981-PM-APW Document 13 Filed 12/20/2004 Page 3 of 4
PAUL ACRES never did anything to resolve the situation and the harassment and abuse continued.
15.
On or about December 6, 2001, TIM STELLY was upset regarding the manner in which some work was performed and yelled at RICHARD SHELTON and his co-workers saying, "Which one of you fuckin' niggers was out there on the switch?"
16.
TIM STELLY often referred to the crew in these terms when he was upset about something.
17.
In early December, RlCHARD SHELTON broke his finger on the job. While under medical restrictions, RICHARD SHELTON was required to work in the unheated shop, picking up papers and sweeping.
18.
Two weeks before RICHARD SHELTON was due to be released to full duty, TIM STELLY approached RICHARD SHELTON in the shop aod begao harassing him about his medial restriction and told RICHARD SHELTON, "It's time for you to go back to work. Take your black ass and go pick up some papers."
19. After approximately four months of daily harassment and abuse, RlCAHRD SHELTON could no longer tolerate the situation and quit TRAC-WORK, INC. in January of2002.
20.
As a result of this daily harassment and abuse, Intervener, RICHAD SHELTON, has suffered the following damages:
(1) Pain aod Suffering; (2) Emotional Distress; (3) Loss of enjoyment oflife and humiliation; (4) Past, Present and future wage loss; (5) Loss of income and future earning capacity; and (6) Any other damages to be proven at trial.
3

Case 2:04-cv-01981-PM-APW Document 13 Filed 12/20/2004 Page 4 of 4 WHEREFORE, intervener prays: A. For leave of court to file this intervention; B. For judgment in favor of intervener and against defendant for any and all remedies as appropriate under the circumstances. Respectfully submitted,
R1CHA~W~RI
NAL C. RICHARD (#26623) ~~IE S. SMITH (#27883) ne Lakeshore Drive, Suite 1800 Lake Charles, Louisiana 7029 Telephone: (337) 494-1900 Facsimile: (337) 494-1793
4

 
 -----------Case 2:04-cv-01981-PM-APW Document 22 Filed 03/15/2005 Page 1 of 8

UNITED STATES DISTRICT COURT

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Plaintiffs

CIVIL ACTION NO. CV04- J98 J

VERSUS

MAG.: WILSON

TRAC-WORK, INC. Defendants

JUDGE: PATRICIA H. MINALDI

REVISED FIRST SUPPLEMENTAL AND AMENDED THIRD PARTY COMPLAINT FOR DECLARATORY RELIEF

NOW COMES, TRAC-WORK, INC., made defendant in the main demand, appearing through undersigned counsel as Third Party Plaintiff herein, who respectfully supplements and amend its Third Party Complaint as follows:
I. Trae-Work, Inc. amends and supplements Paragraph I of its Original Third Party Demand to read as follows:
"1. Made third party defendants herein are:
i) EXECUTIVE RISK INDEMNITY, INC., a foreign insurer who is authorized to and is issuing policies of insurance in the States of Texas and Louisiana; and

Case 2:04-cv-01981-PM-APW Document 22 Filed 03/15/2005 Page 2 of 8
ii) FEDERAL INSURANCE COMPANY a foreign insurer who is authorized to and is issuing policies of insurance in the States of Texas and Louisiana;" II.
Trac-Work, Inc. supplements and amends Paragraph 2 of the Original Third Party Complaint to read as follows:
"2. At all relevant times herein, Third Party Defendants, FEDERAL INSURANCE COMPANY andlor EXECUTIVE RISK INDEMNITY, INC. insured Trac-Work against liability for alleged unlawful employment practices."
Ill. Trac-Work, Inc. supplements and amends the Original Third Party Complaint to add Paragraph 3a. as follows:
"3a. At all relevant times FEDERAL INSURANCE COMPANY insured TracWork, Inc. for the claims made the subject of the Complaint filed by the EEOC herein and for any and all claims of Richard Shelton and the EEOC under a policy of insurance, and renewals thereof, bearing policy number 8180-13-81A DAL, in effect from July 10, 2001 to July 10, 2002."
IV. Trac-Work, Inc. supplements and amends Paragraph 4 of the Original Third Party Complaint to read as follows:

Case 2:04-cv-01981-PM-APW Document 22 Filed 03/15/2005 Page 3 of 8
"4. On or about August 26, 2002, FEDERAL INSURANCE COMPANY and/or EXECUTIVE RISK INDEMNITY, INC. were notified in writing, inter alia, of the "Charge of Discrimination" filed by Richard Shelton on or about June 25, 2002 with the EEOC."
V. Trac-Work, Inc. supplements and amends Paragraph 6 of the Original Third Party Complaint to read as follows:
"6. After having received written notice of the "charge of discrimination" filed by Richard Shelton with the EEOC, and with full knowledge of same, FEDERAL INSURANCE COMPANY andlor EXECUTIVE RISK INDEMNITY, [NC. renewed the policy of insurance issued to and insuring TraeWork, Inc."
VI. Trac-Work, Inc. supplements and amends Paragraph 7 of the Original Third Party Complaint to read as follows:
"7. Upon learning of the Civil Complaint filed by the EEOC in the captioned matter, Trac-Work, Inc. again notified FEDERAL INSURANCE COMPANY and/or EXECUTIVE RISK INDEMNITY, INC. in writing of the claim and the filing of suit."

Case 2:04-cv-01981-PM-APW Document 22 Filed 03/15/2005 Page 4 of 8
VII. Trae-Work, Inc. supplements and amends Paragraph 8 of the Original Third Party Complaint to read as follows:
"8. The claim made the subject of the Complaint filed herein was made and reported to FEDERAL INSURANCE COMPANY and/or EXECUTIVE RISK INDEMNITY, INC. during the policy period or policy renewal period."
VIII. Trae-Work, Inc. supplements and amends Paragraph 9 of the Original Third Party Complaint to read as follows:
"9. FEDERAL INSURANCE COMPANY and/or EXECUTIVE RISK INDEMNITY, INC. had actual or constructive notice of the claims of the EEOC and Richard Shelton made the subject of the Complaint in the captioned matter."
IX. Trae-Work, Inc. supplements and amends Paragraph 10 of the Original Third Party Complaint to read as follows:
"10. Prior to and upon renewal ofTrac-Work's employment practices insurance policy, FEDERAL INSURANCE COMPANY and/or EXECUTIVE RISK INDEMNITY, INC. had actual knowledge and/or notice of Richard Shelton's Charge of Discrimination lodged with the EEOC."

Case 2:04-cv-01981-PM-APW Document 22 Filed 03/15/2005 Page 5 of 8
X. Trac-Work, Inc. supplements and amends Paragraph 11 of the Original Third Party Complaint to read as follows:
"11. With full knowledge of Richard Shelton's "Charge of Discrimination," FEDERAL INSRUANCE COMPANY andior EXECUTIVE RISK INDEMNITY, INC. agreed to and did renew Trae-Work's employment practices policies and accepted premium for did continue coverage."
XI. Trae-Work, Inc. supplements and amends Paragraph 12 of the Original Third Party Complaint to read as follows:
"12. On or about June 28, 2004 and November 5, 2004, FEDERAL INSURANCE COMPANY andlor EXEUCTIVE RISK INDEMNITY, INC. notified Trac-Work that itlthey was denying coverage for the claims of Richard Shelton and the EEOC's Complaint filed herein."
XII. Trac-Work, Inc. supplements and amends Paragraph 13.of the Original Third Party Complaint to read as follows:
"13. Trac-Work alleges that FEDERAL INSURANCE COMPANY andlor EXEUCITVE RISK INDEMNITY, TNC. lack a good faith basis for their denial of coverage and have no lawful basis for their denial of coverage."

Case 2:04-cv-01981-PM-APW Document 22 Filed 03/15/2005 Page 6 of 8
XIII. Trae-Work, Inc. supplements and amends Paragraph 140f the Original Third Party Complaint to read as follows:
"14. Trac-Work alleges that FEDERAL INSURANCE COMPANY andlor EXECUTIVE RISK INDEMNITY, INC. denial of coverage is in bad faith and violates La. R.S. 22:1220 and/or La. R.S. 22:658 entitling Third Party Plaintiff, Trae-Work to recover penalties and attorney's fees."
XIV. Trae-Work, Inc. supplements and amends Paragraph lSaf the Original Third Party Complaint to read as follows:
"15. Trac-Work seeks a declaration from this Court confirming insurance coverage and ordering FEDERAL INSURANCE COMPANY andlor EXECUTIVE RISK INDEMNITY, INC. to defend and indemnify Trac-Work for all claims made the subject of the EEOC's Complaint and the claims of Richard Shelton herein."
WHEREFORE, Defendant and Third Party Plaintiff: TRAC-WORK, INC. prays: I. That the Revised First Supplemental and Amended Third Party Complaint be deemed
good and sufficient and that after all due proceedings be had there be a judgment herein in favor of TRAC-WORK, INC. and against FEDERAL INSURANCE COMPANY AND EXECUTIVE RISK INDEMNITY, INC.;

Case 2:04-cv-01981-PM-APW Document 22 Filed 03/15/2005 Page 7 of 8
II. That FEDERAL INSURANCE COMPANY AND EXECUTIVE RISK
INDEMNITY, me. be served with a copy of Trae-Work, Inc.'s original Third party
Complaint, the Revised First Supplemental and Amended Third Party Complaint and a copy of the Complaint filed by the EEOC, that FEDERAL INSURANCE COMPANY AND EXECUTIVE RISK INDEMNITY, INC. be cited to appear and defend same, and that after all due proceedings the Court declare that TRAC-WORK, INC. is insured for and against all claims made herein by the EEOC andlor Richard Shelton; and III. That FEDERAL INSURANCE COMPANY AND/OR EXECUTIVE RISK INDEMNITY, INC. be cast in judgment for the defense and indemnity of TRACWORK, INC. for all claims asserted in the proceedings; and IV. That FEDERAL INSURANCE COMPANY AND/OR EXECUTNE RISK INDEMNITY, INC. be cast in judgment for penalties and attorney's fees for its bad faith and wrongful denial of insurance coverage.
Respectfully submitted: FORRESTER, JORDAN & DICK, LLC. Attorneys at Law 7809 Jefferson Hwy., Building G 80(0n ~uge, LA 70809
::"::~:~ Ra~elle D. DiCk (18865) Jason A. Bonaventure (25578) Amanda G. Clark (24432)
PLEASE HOLD SERVICE: FEDERAL INSURANCE COMPANY And EXECUTIVE RISK INDEMNITY, INC.

Case 2:04-cv-01981-PM-APW Document 22 Filed 03/15/2005 Page 8 of 8

CERTIFICATE

R " _ I hereby certify that a copy of the above and foregoing has been mailed by U. S. Mail,

postage prepaid, to all known counsel of record, this

~
day

of

\\J\.~

,2005 in

Baton Rouge, Louisiana.

 
 Case 2:04-cv-01981-PM-APW
RECEIVED
iN LAKE CHARLES, LA

Document 30-1

Filed 08/09/2005

Page 1 of 8

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF LOUISIANA
LAKE CHARLES DIVISION

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff and RICHARD SHELTON.
Intervener v. TRAC-WORK, INC.
Defendant

• CIVIL ACTION • NO. 04-1981 • •
• •
• JUDGE MINALDI •
•
• • • MAGISTRATE WILSON
• * • •

CONSENT DECREE

On September 28, 2004, the Equal Employment Opportunity Commission ("the Commission") instituted Civil Action Number 04-1981 in the United States District Court for the Western District of Louisiana, charging Defendant Trac-Work, Inc. ("Trac-Work"), with violation of Section 703 of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e-2(a)("Title VII"), alleging that Tmc-Work discriminated against Mr. Richard Shelton ("Richard Shelton" or "Mr. Shelton'') by subjecting him to a racially hostile work environment. The Commission's suit sought to provide relief for Mr. Shelton and similarly-situated unnamed individuals. The Conunission and Trac-Work now wish to resolve all claims and controversies encompassed by this lawsuit without the burden, expense or delay of further litigation, subject, however, to the approval of this Court.

Case 2:04-cv-01981-PM-APW Document 30-1 Filed 08/09/2005 Page 2 of 8
THEREFORE, IT IS HEREBY AGREED BETWEEN THE COMMISSION AND TRAC-WORK AND ORDERED, ADJUDGED, AND DECREED that:
JURISDICTION AND PROCEDURAL MATTERS 1. This Court has jurisdiction over the subject matter of this lawsuit and over the parties to this lawsuit. 2. The purposes of Title VII will be furthered by the entry of this Decree, the terms of which constitute a fair and equitable settlement. 3. The negotiation, execution and entry of this Decree will resolve any and all claims of the Title VII violations brought by the Commission against Trac-Work arising out of Commission Charge Number 270-A2-02034, which was filed by llichard Shelton, and this lawsuit, Civil Action Number 04-1981. 4. Tills Decree relates only to the alleged violations of Title VII raised in Commission Charge Number 270-A2-02034 and by the Commission's suit. It is expressly acknowledged and agreed by the Commission and Trac-Work that this Decree does not relate to or purport to settle any other charges, claims or suits against Trac-Work. 5. Neither the negotiation, execution nor entry of this Decree shall constitute an admission by Trac-Worl4 that its officers, agents or employees have violated or have not been in compliance with Title VII or with any other applicable law, regulation or order.
INDIVIDUAL RELIEF 6. Within thirty (30) days after the entry of this Decree Trac-Work shall pay the sum of $11,000.00 ("ELEVEN TIIOUSAND DOLLARS") as damages to llichard Shelton in return for a dismissal of this suit, Civil Action Number 04-1981.
2

Case 2:04-cv-01981-PM-APW Document 30-1 Filed 08/09/2005 Page 3 of 8
INJUNCTIVE RELIEF A. TRAINING 7. Trac-Work agrees to conduct, for the duration of this Decree, a bi-annual training program on Title VII and its anti-discrimination policies for 1) Tim Stelly, 2) all ofTrae-Work's Lake Charles, Louisiana-based officers, managers, supervisors, and foremen, and 3) all ofTraeWork's officers, managers, and supervisors, and foremen who have any personnel-related
responsibilities in Lake Charles, Louisiana, regardless of where these individuals are based or located. This training program shall include the topics of racial harassment and how to complain about and report work-place harassment. The initial training program shall be conducted within six (6) months from the entry of this Consent Decree. Six (6) months from the entry of this
Consent Decree and bi-annually as further provided in paragraph II of this Decree, Trac-Work or its counsel shall report all training that it provided in compliance with this paragraph and
paragraph 11 of this Decree to the Commission's New Orleans District Office Regional Attorney. These reports shall include the date(s) training occurred, the names and positions of those who attended the training session(s), and a summary ofthe subject matters covered during the training session(s).
B. POSTING
8. In accordance with federal anti-discrimination laws that are enforced by the Commission, Trac-Work agrees to post conspicuously the Commission's poster entitled: "Equal Employment Opportunity Is The Law" in prominent and accessible places, where it can be readily observed by employees, temporary workers, and applicants for employment in TracWork's Lake Charles, Louisiana office location(s).
3

Case 2:04-cv-01981-PM-APW Document 30-1 Filed 08/09/2005 Page 4 of 8
9. Trac-Work agrees to post its anti-discrimination policies, including its policy
prohibiting work-place harassment, procedures for complaints and reports about work-place harassment, and the contact names, addresses and telephone numbers for complaining and reporting work-place harassment by posting same in conspicuous work-place location(s) that are accessible to all its employees and temporary workers in Lake Charles, Louisiana. Trac-Work further agrees to disseminate these same policies to all Trac-Work employees and temporary workers at its Lake Charles, Louisiana work-sites and obtain written acknowledgments of the receipt of these policies from such employees and temporary workers.
C. ANTI-DISCRIMINATION POLICY AND PROCEDURES 10. Trac-Work agrees to maintain anti-discrimination policies, including its policies
prohibiting work-place harassment and providing for employee complaints and reports about suspected work-place harassment. Trac-Work also agrees to maintain and utilize a progressive disciplinary policy against Trac-Work employees or temporary workers who commit work-place harassment.
D. REPORTING
11. Trac-Work shall provide the Commission, through its Regional Attorney, a total of four (4) bi-annual written reports, beginning six months after the entry of this Decree and continuing in six-month intervals until expiration ofthis Decree's term. Each report shall set
forth I) the bi-annual training that has been conducted by Trac-Work in accordance with the
requirements ofparagraph 7 ofthis Decree and 2) all instances in which any employee complained about racial harassment or a racially hostile work environment during that six-month period. lbis report shall further provide an explanation concerning the facts surrounding the
4

Case 2:04-cv-01981-PM-APW Document 30-1 Filed 08/09/2005 Page 5 of 8
complaint(s), Trac-Work's response(s) to the complaint(s), and any action taken by the employee or Trac-Work. In the event any complaints are reported, the EEOC shall have access, upon advance notice of at least 30 days to Trac-Work, to any documents that are in the control or possession ofTrae-Work and/or its directors, officers, agents, employees, successors, and/or assigns, which the Commission deems necessary to examine in the process of evaluating the complaint in question to determine whether a violation of any law enforced by the Commission has occurred.
DURATION 12. This Consent Decree shall remain in force for two years after the date of entry of this Decree.
VALIDITY, ENFORCEMENT, AND MISCELLANEOUS PROVISIONS 13. Should any provision of this Decree be declared or be determined by any Court to be illegal or invalid, the validity of the remaining parts, terms and provisions shall not be affected thereby, and said illegal or invalid part, term or provision shall be deemed not to be a part of this Decree. 14. The Commission and Trac-Work will each bear its own attorneys' fees and costs incurred in connection with the litigation ofthis lawsuit. 15. This Court shall retain jurisdiction over this action for the purpose of enforcing this Decree, if necessary; and either party is empowered to enforce this Decree through the applicable judicial enforcement procedures. 16. This Decree sets forth the entire agreement between the Commission and Trac-
5

Case 2:04-cv-01981-PM-APW Document 30-1 Filed 08/09/2005 Page 6 of 8

Work, and it fully supersedes any and all prior agreements or understandings between the

Commission and Trac-Work pertaining to the subject matter herein. There are no other

provisions, agreements or understandings that are contained herein; and this Decree cannot be

altered by oral agreement between the parties, but only by written Court-ordered modification.

IT IS SO ORDERED.
r Lake Charles, Louisiana, this

day of~("' , 2005.

6

Case 2:04-cv-01981-PM-APW Document 30-1 Filed 08/09/2005 Page 7 of 8

SUBMIITED AND APPROVED BY:

Date:

ERIC S. DREIBAND General Counsel No Bar Roll Number
JAMES L. LEE Deputy General Counsel
GWENDOLYN YOUNG REAMS Associate General Counsel No Bar Roll Number

Regional Attorney Bar Roll Number I 5200000
'------ .-( _vft~ {_
I~Cs~H~erEvisoryETTr.iaBl UATttLorEnRey
Bar Roll Number 1286
Y?.~/b&, N. ELEANOR GRAHAM Senior Trial Attorney Bar Roll Ntunber 16946 EQUAL EMPLOYMENT OPPORTIJNiTY COMMISSION New Orleans District Office 701 Loyola Avenue Suite 600 New Orleaos, LA 70113 Telephone: (504) 589-6922 (504) 589-6817 Facsimile: (504) 589-2805
aod-
7

Case 2:04-cv-01981-PM-APW Document 30-1 Filed 08/09/2005 Page 8 of 8
FORRESTER, JORDAN & DICK, L.L.C. Attorneys at Law 7809 Jefferson Hwy., Building G Baton Rouge, LA 70809
::\t~ Jason A. Bonaventure (255578) Rachelle D. Dick (18865) Amanda G. Clark (24432) AITORNEYS FOR DEFENDANT TRAC-WORK, INC. -and-
R d . ard (26628) elanie S. Smith (27883)
One Lakeshore Drive, Suite 1800 Lake Charles, LA 70669 Telephone: (337) 494-1900 Facsimile: (337) 494-1793
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 CM/ECF - U.S. District Court:Western District of Louisiana - Docket R... https://ecf.lawd.uscourts.gov/cgi-bin/DktRpt.pl?571403270760983-L_9...

U.S. District Court Western District of Louisiana (Lake Charles) CIVIL DOCKET FOR CASE #: 2:04-cv-01981-PM-APW

CLOSED

Equal Employment Opportunity Commission v. Trac-Work Inc Assigned to: Judge Patricia Minaldi Referred to: Honorable Alonzo P Wilson Cause: 42:2000e Job Discrimination (Employment)

Date Filed: 09/28/2004 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

Plaintiff
Equal Employment Opportunity Commission

represented by Nancy Eleanor Graham E E O C (NO) 1555 Poydras St Ste 1900 New Orleans, LA 70112 504-589-6817 Fax: 504-589-2805 Email: nancy.graham@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Keith T Hill E E O C (HOU) 1919 Smith St Ste 700 Houston, TX 77002-8049 US 713-209-3320 Fax: 209-3381

Michelle T Butler E E O C (NO) 1555 Poydras St Ste 1900 New Orleans, LA 70112 504-589-6817

V. Intervenor Plaintiff Richard Shelton

represented by Melanie S Smith Richard Law Firm (LC) 1 Lakeshore Dr Ste 1800 Lake Charles, LA 70629 337-494-1900 Fax: 494-1793 ATTORNEY TO BE NOTICED
Ronald C Richard

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V. Defendant Trac-Work Inc
V. Intervenor Defendant Trac-Work Inc

1 Lakeshore Dr Ste 1800 Lake Charles, LA 70629 337-494-1900 Fax: 337-494-1793 ATTORNEY TO BE NOTICED
represented by Shelly D Dick Forrester Jordan & Dick 4981 Bluebonnet Blvd Baton Rouge, LA 70809 225-928-5400 Fax: 225-928-7733 Email: sdick@fjdlegal.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Amanda G Clark Forrester Jordan & Dick 4981 Bluebonnet Blvd Baton Rouge, LA 70809 225-928-5400 Fax: 225-928-7733 Email: aclark@fjdlegal.com ATTORNEY TO BE NOTICED
Jason A Bonaventure Forrester Jordan & Dick 7809 Jefferson Hwy Ste G Baton Rouge, LA 70809 225-928-5400 Fax: 225-928-7733 Email: jbonaventure@fjdlegal.com ATTORNEY TO BE NOTICED
represented by Shelly D Dick (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Amanda G Clark (See above for address) ATTORNEY TO BE NOTICED

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Third Party Plaintiff Trac-Work Inc TERMINATED: 09/13/2005
V. Third Party Defendant Executive Risk Indemnity Inc TERMINATED: 09/13/2005
Third Party Plaintiff Trac-Work Inc TERMINATED: 09/13/2005 V. Third Party Defendant Federal Insurance Co TERMINATED: 09/13/2005
Third Party Defendant

Jason A Bonaventure (See above for address) ATTORNEY TO BE NOTICED
represented by Shelly D Dick (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Amanda G Clark (See above for address) ATTORNEY TO BE NOTICED
Jason A Bonaventure (See above for address) ATTORNEY TO BE NOTICED
represented by Nancy B Gilbert Keogh Cox & Wilson P O Box 1151 Baton Rouge, LA 70821 225-383-3796 Fax: 343-9612
represented by John Powers Wolff, III Keogh Cox & Wilson P O Box 1151 Baton Rouge, LA 70821 225-383-3796 Fax: 225-343-9612 Email: jwolff@kcwlaw.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Nancy B Gilbert (See above for address)

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Executive Risk Indemnity Inc TERMINATED: 09/13/2005

represented by John Powers Wolff, III (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Nancy B Gilbert (See above for address)

Date Filed 09/28/2004 10/21/2004 12/06/2004 12/06/2004 12/09/2004 12/13/2004 12/16/2004 12/20/2004
12/20/2004 12/20/2004
12/20/2004 12/20/2004

#

Docket Text

1 COMPLAINT against Trac-Work Inc with Jury Demand filed by Equal Employment Opportunity Commission. (Attachments: # 1 Civil cover sheet)(Prest, B) (Entered: 09/30/2004)
2 WAIVER OF SERVICE Returned Executed by Equal Employment Opportunity Commission. Trac-Work Inc waiver sent on 10/4/2004, answer due 12/3/2004. (Whidden, C) (Entered: 10/22/2004)
3 ANSWER to Complaint AND THIRD PARTY COMPLAINT against Executive Risk Indemnity Inc by Trac-Work Inc.(Whidden, C) (Entered: 12/09/2004)
4 SUMMONS ISSUED as to Executive Risk Indemnity Inc. (Whidden, C) (Entered: 12/09/2004)
5 NOTICE of Corporate Disclosure Statement Requirement sent to Shelly D Dick on behalf of Trac-Work Inc. (Whidden, C) (Entered: 12/09/2004)
6 SUMMONS Returned Executed by Trac-Work Inc. Executive Risk Indemnity Inc served on 12/9/2004, answer due 12/29/2004. (Leleux, M) (Entered: 12/13/2004)
7 CORPORATE DISCLOSURE by Trac-Work Inc. (Leleux, M) (Entered: 12/16/2004)
8 NOTICE of Deficiency to Melanie S Smith on behalf of Richard Shelton re: Proposed Order and Intervention submitted on December 20, 2004. Reason: needs motion for leave and needs to be signed by an attorney admitted to practice before this court. (Whidden, C) (Entered: 12/20/2004)
9 NOTICE attaching COPY of deficient document re 8 Notice of Deficiency. (Attachments: # 1 Copy of Deficient Document)(Whidden, C) (Entered: 12/20/2004)
10 DEFICIENT PLEADING submitted by: Richard Shelton. Name of Pleading: Order and Intervention. Reason for deficiency: needs proposed order and not signed by an attorney admitted to practice before this court. (Counsel resubmitted this pleading in its entirety.) (Whidden, C) (Entered: 12/27/2004)
12 ORDER granting 11 Motion to Intervene. Signed by Judge Patricia Minaldi on 12/20/04. (Whidden, C) (Entered: 12/27/2004)
13 INTERVENOR COMPLAINT against Trac-Work Inc, filed by Richard Shelton.(Whidden, C) (Entered: 12/27/2004)

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12/21/2004 01/21/2005 02/17/2005 02/17/2005 02/18/2005 02/24/2005
03/02/2005
03/09/2005 03/15/2005

11 MOTION to Intervene by Richard Shelton. (Attachments: # 1 Proposed Order# 2 Proposed Intervention)(Whidden, C) (Entered: 12/27/2004)
14 ANSWER to Third Party Complaint by Executive Risk Indemnity Inc. (Attachments: # 1 Exhibits)(Berry, D) (Entered: 01/22/2005)
15 MOTION to Amend the 3 Third Party Complaint with opposition by Trac-Work Inc. (Attachments: # 1 Local Rule 7.6W Certificate# 2 Proposed Order# 3 Proposed Supplemental and Amended Third Party Complaint)(Whidden, C) (Entered: 02/17/2005)
16 NOTICE of Motion Setting without oral argument regarding 15 MOTION to Amend the 3 Third Party Complaint with opposition. Motion day set for 4/12/2005 before Honorable Alonzo P Wilson. (Whidden, C) (Entered: 02/17/2005)
17 ANSWER to Intervenor Complaint by Trac-Work Inc.(Whidden, C) (Entered: 02/23/2005)
18 MINUTES for proceedings held before Judge Alonzo P Wilson : TELEPHONE CONFERENCE held on 2/24/2005. Argument was heard in connection with the pending motion for leave to file an amended 3rd party complaint. (Doc. 15). The opposition is based on the contention that The Chubb Corporation is not a legal entity, and is not an insurer on any policy. Counsel was cautioned that the court would consider awarding sanctions under rule 11 if it appeared that the requirements of rule 11(b) were not satisfied. Counsel for mover indicated that The Chubb Corporation would be deleted from the proposed amendment if the other insurers were willing to stipulate that notice to one would be considered notice to the other. Counsel for the insurers indicated that he would consult his clients and advise if such a stipulation was agreeable within one week. In any, event counsel for mover is to notify the court of the status of these discussions within one week. (Wilson, Alonzo) (Entered: 02/24/2005)
19 ORDER mooting 15 Motion to Amend/Correct The parties have amicably resolved their disagreement over the proposed amendment, and mover will be submitting another proposed amendment that does not include The Chubb Corporation as a defendant. Thus, the present motion is moot. Lest the minute entry of 2/24/05 be misconstrued the court does not accuse and has not accused counsel of failing to comply with their obligations under rule 11. In fact, the court assumes that counsel has complied with those obligations, and any suggestion otherwise was unintended. . Signed by Judge Alonzo P Wilson on 03/02/05. (Wilson, Alonzo) (Entered: 03/02/2005)
20 UNOPPOSED MOTION for Leave to File Revised First Supplemental and Amended Third Party Complaint for Declaratory Relief and MOTION to Withdraw 15 Motion to Amend Third Party Complaint by Trac-Work Inc. (Attachments: # 1 Proposed Order# 2 Proposed Revised First Supplemental and Amended Third Party Complaint)(Whidden, C) Additional attachment(s) added on 3/10/2005 (Whidden, C). (Entered: 03/10/2005)
21 ORDER granting 20 Motion for Leave to File Supplemental Third Party Complaint, terminating 20 Motion to Withdraw. Signed by Judge Alonzo P Wilson on 3/15/05. (Whidden, C) (Entered: 03/17/2005)

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03/15/2005 03/17/2005 03/30/2005 05/26/2005
05/27/2005 06/02/2005
06/07/2005
06/29/2005 06/30/2005 06/30/2005 07/08/2005 07/26/2005 07/29/2005
08/09/2005

22 REVISED FIRST SUPPLEMENTAL AND AMENDED THIRD PARTY COMPLAINT against Federal Insurance Co and Executive Risk Indemnity Inc, filed by Trac-Work Inc.(Whidden, C) (Entered: 03/17/2005)
23 SUMMONS ISSUED as to Federal Insurance Co and Executive Risk Indemnity Inc. (Whidden, C) (Entered: 03/17/2005)
24 ANSWER to Revised First Supplemental and Amended Third Party Complaint for Declaratory Relief by Federal Insurance Co and Executive Risk Indemnity Inc.(crt,Whidden, C) (Entered: 04/01/2005)
25 MOTION for Attorney Fees and MOTION to Compel by Trac-Work Inc. (Attachments: # 1 Memorandum in Support# 2 Exhibits # 3 Certificate regarding efforts to resolve (LR 37.1) # 4 Proposed Order)(crt,Whidden, C) (Entered: 05/27/2005)
26 NOTICE of Motion Setting without oral argument regarding 25 MOTION for Attorney Fees and MOTION to Compel. Motion day set for 7/12/2005 before Honorable Alonzo P Wilson. (crt,Williams, L) (Entered: 05/27/2005)
ORDER denying 25 Motion for Attorney Fees, granting in part and denying in part 25 Motion to Compel. During a telephone conference this date counsel indicated that the discovery dispute had been resolved with the one exception being that a copy of the tape had not yet been received. Accordingly, Defendant Shelton is ordered to deliver a copy of the tape to opposing counsel within 5 calendar days of this date. Otherwise, the motion is denied. . Signed by Judge Alonzo P Wilson on 6/2/05. (jud,Wilson, Alonzo) (Entered: 06/02/2005)
27 ORDER: Telephone Scheduling Conference set for 7/21/2005 09:15 AM before Honorable Alonzo P Wilson. Signed by Judge Alonzo P Wilson on June 7, 2005. (Attachments: # 1 Attachments to scheduling order)(crt,Benoit, T) (Entered: 06/07/2005)
RECEIVED CONSENT TO PROCEED FORM by Equal Employment Opportunity Commission. (crt,Monceaux, P) (Entered: 06/30/2005)
RECEIVED CONSENT TO PROCEED FORM by Executive Risk Indemnity Inc and Federal Insurance Co. (crt,Monceaux, P) (Entered: 06/30/2005)
RECEIVED CONSENT TO PROCEED FORM by Trac-Work Inc. (crt,Monceaux, P) (Entered: 06/30/2005)
RECEIVED CONSENT TO PROCEED FORM by Richard Shelton. (crt,Monceaux, P) (Entered: 07/08/2005)
28 60 DAY JUDGMENT OF DISMISSAL. Signed by Judge Patricia Minaldi on July 25, 2005. (crt,Benoit, T) (Entered: 07/26/2005)
29 MOTION to Dismiss, MOTION to Approve and Enter Consent Decree by Equal Employment Opportunity Commission, Richard Shelton, Trac-Work Inc. (Attachments: # 1 Proposed Consent Decree)(crt,Whidden, C) (Entered: 07/29/2005)
30 CONSENT DECREE granting 29 Motion to Dismiss and granting 29 Motion to Approve and Enter Consent Decree. Signed by Judge Patricia Minaldi on

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09/08/2005 09/13/2005

8/08/05. (crt,Meuleman, Angella) (Entered: 08/10/2005)
31 MOTION to Dismiss Third Party Defendants, Federal Insurance Company and Executive Risk Indemnity Inc; by Trac-Work Inc. (Attachments: # 1 Proposed Order)(crt,Meuleman, Angella) (Entered: 09/09/2005)
32 ORDER granting 31 Motion to Dismiss Third Party Complaint against Federal Insurance Co and Executive Risk Indemnity Inc. Signed by Judge Patricia Minaldi on 9/14/05. (crt,Whidden, C) (Entered: 09/15/2005)

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