IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MISSOURI
SOUTHWESTERN DIVISION

EQUAL EMPLOYMENT OPPORTUNITY )

COMMISSION,

)

)

Plaintiff,

)

)

v.

)

)

MAY’S DRUG STORES, INC.

)

)

Defendant.

)

CIVIL ACTION NO. COMPLAINT JURY TRIAL 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 sex and to provide appropriate relief to April Andrews, who was adversely affected by such practices. The Commission alleges that May’s Drug Stores, Inc. sexually harassed Andrews and constructively discharged her because of intolerable sexual harassment, as described with greater particularity below.
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(f)(1) 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(d) 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 Missouri, Southwestern 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 May’s Drug Stores, Inc. has continuously been doing business in the State of Missouri and the City of Joplin, and has continuously had at least 15 employees. 5. At all relevant times, Defendant has continuously been an employer within the meaning of Section 701(b) of Title VII, 29 U.S.C. § 2000e(b).
CONCILIATION 6. Prior to institution of this lawsuit, the Commission's representatives attempted to eliminate the unlawful employment practices alleged below and to effect voluntary compliance with Title VII through informal methods of conciliation, conference and persuasion within the meaning of Section 706(b) of Title VII, 29 U.S.C. § 2000e-5(b).
STATEMENT OF CLAIMS 7. More than thirty days prior to the institution of this lawsuit, April Andrews filed a charge with the Commission alleging violations of Title VII by Defendant May’s Drug Stores, Inc. All conditions precedent to the institution of this lawsuit have been fulfilled.
2

8. Since at least December 2000, Defendant has engaged in unlawful employment practices at its Joplin, Missouri facility in violation of Section 703(a)1) of Title VII, 29 U.S.C. § 2000e-2(a)(1). These practices include the following:
a. Defendant’s Store Manager subjected April Andrews to unwelcome sexual harassment during her employment. This harassment included, but was not limited to, regular, repeated and unwelcome inappropriate comments about Ms. Andrews’ sex life and her sexual preferences, degrading remarks about women, discussions about his own sexual fantasies and dreams, repeated unwelcome sexual comments, jokes and requests for sexual favors, and unwelcome touching that was sexual in nature.
b. As a result of the Defendant’s failure to prevent and correct unwelcome and pervasive sexual harassment, the conditions of Andrews’ employment were made so intolerable that she was forced to resign her position.
9. The effect of the practices complained of in paragraph 8 above has been to deprive Andrews of equal employment opportunities and otherwise adversely affect her status as an employee, because of her sex.
10. The unlawful employment practices complained of in paragraph 8 above were intentional.
11. The unlawful employment practices complained of in paragraph 8 above were done with malice or with reckless indifference to the federally protected rights of Andrews.
PRAYER FOR RELIEF Wherefore, the Commission respectfully requests that this Court:
3

A. Grant a permanent injunction enjoining Defendant, its officers, successors, assigns, and all persons in active concert or participation with it, from engaging in harassment, constructive discharge and any other employment practice which discriminates on the basis of sex.
B. Order Defendant to institute and carry out policies, practices, and programs which provide equal employment opportunities for women, and which eradicate the effects of its past and present unlawful employment practices.
C. Order Defendant to make Andrews whole by providing appropriate back pay with prejudgment interest, in amounts to be determined at trial, and other affirmative relief as necessary to eradicate the effects of its unlawful employment practices, including but not limited to, reinstatement.
D. Order Defendant to make Andrews whole by providing compensation for past and future pecuniary losses resulting from its unlawful employment practices described in paragraph 8 above in amounts to be determined at trial.
E. Order Defendant to make Andrews whole by providing compensation for past and future non-pecuniary losses resulting from the unlawful employment practices described in paragraph 8 above, including emotional pain, suffering, inconvenience, loss of enjoyment of life, loss of reputation, and humiliation, in amounts to be determined at trial.
F. Order Defendant to pay punitive damages for its malicious and reckless conduct described in paragraph 8 above in amounts to be determined at trial.
G. Grant such further relief as the Court deems necessary and proper in the public interest.
4

H. Award the Commission its costs of this action.

JURY TRIAL DEMAND

The Commission requests a jury trial on all questions of fact raised by its Complaint.

Respectfully submitted,

GWENDOLYN Y. REAMS Associate General Counsel

/s/ Robert G. Johnson ROBERT G. JOHNSON Regional Attorney

/s/ Donna L. Harper DONNA L. HARPER Supervisory Trial Attorney EQUAL EMPLOYMENT OPPORTUNITY COMMISSION St. Louis District Office Robert A. Young Federal Bldg. 1222 Spruce, Room 8.100 St. Louis, MO 63103 (314) 539-6614 FAX: 314-539-7895 E-MAIL: bob.johnson@eeoc.gov
donna.harper@eeoc.gov

/s/ Andrea L. Taylor

ANDREA L. TAYLOR

MO #42733

Senior Trial Attorney

EQUAL EMPLOYMENT OPPORTUNITY

COMMISSION

Kansas City Area Office

Gateway Tower II

400 State Avenue

Suite 905

Kansas City, KS 66101

(913) 551-5844

FAX: (913) 551-6957

E-MAIL: andrea.taylor@eeoc.gov

5

 
 I.
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF MISSOURI SOUTHWESTERN DIVISION I~· . ,/.,

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff, vs. MAY'S DRUG STORES, INC.
Defendant.

) ) ) )
) CIVIL ACTION ) NO. 03-CV-501()"'RED ) ) )
)

COMPLAINT

COMES NOW April Andrews, by and through her attorney Steven A. Hays and

for her cause of action against Defendant May's Drug Stores, Inc., alleges as follows:

JURISDICTION

1. This court has jurisdiction under Title VII of the Civil Rights Act of 1964, 42

U.S.c. Section 2000e et seq., and through pendent jurisdiction Missouri Revised

Statutes Chapter 213 et seq.

2. The matter in controversy exceeds the sum or value of$75,000, exclusive of

interest and costs.

3. On or about August 30, 2001 Plaintiffs filed charge # 281A11846 with the Equal

Employment Opportunity Commission ("EEOC"), against defendant alleging

sexual harassment.

4. On or about October 9,2001, Plaintiffs also filed charge #FE-09/01-37359 with

the Missouri Commission on Human Rights ("MCHR"), against Defendant

alleging sexual harassment. Please see attached Exhibit A.

5. On September 27,2002 EEOC issued Plaintiff a Probable Cause determination on her sexual harassment charges. Please see attached Exhibit B.
6. Despite the Probable Cause finding of EEOC and Plaintiffs' good faith efforts to conciliate the case, Defendant made little or no effort to resolve the case. Therefore, conciliation did not result in a resolution of Plaintiffs' charge of discrimination.
7. On January 29,2002 the EEOC filed suit against Defendant based upon the allegations of Plaintiff and others. PARTIES
8. Plaintiff is an individual female, residing in Bakersfield, Kern County, California. She worked for Defendant from January 2000 to January 2001, when she was constructively discharged.
9. Defendant was at all times material to these claims doing substantial business in Joplin, Jasper County, Missouri. Defendant's corporate office is located 1437 S. Boulder, Suite 1100, Tulsa, Oklahoma. Defendant may be served with process to Russell G. Smith, 1410 E. 7th Street, Joplin, MO 64801.
10. At all times relevant to Plaintiffs' claims, Defendant employed 15 or more individuals. FACTUAL ALLEGATIONS COUNT ONE - HOSTILE WORK ENVIRONMENT SEXUAL HARASSMENT FROM SUPERVISOR CHARLES BRASHERS
11. In January 2002, plaintiff April Andrews was hired to work at May's Drug Warehouse, located at 3222 S. Main St., Joplin, MO. During the entire tenure of plaintiff April Andrews' employment Charles Brashers was her supervisor.

12. Almost from the first day of her employment with defendant plaintiff April Andrews was subjected to continuing sexual comments, statements and actions from Charles Brashers which included, but was not limited to, comments about Ms. Andrews' sex life and her sexual preferences, degrading remarks about women, discussions about his own sexual fantasies and dreams, repeated unwelcome sexual comments, jokes and request for sexual favors and unwelcome touching that was sexual in nature. COUNT TWO-CONSTRUCTIVE DISCHARGE
13. Because of the hostile work environment and defendant's complete and utter failure to maintain and enforce a sexual harassment policy, and because of manager Charles Brashers continuing sexual comments, statements and actions, Plaintiff April Andrews was constructively discharged in January, 2001.
COUNT THREE-OUTRAGE
14. Defendant's permissive and accepting attitude of sexual harassment towards female employees, including Plaintiff April Andrews by manager Charles Brashers, and its complete and utter failure to maintain and enforce an effective sexual harassment policy constitutes extreme and outrageous behavior. COUNT FOUR - NEGLIGENT RETENTION
15. Defendant's failure to remove manager Charles Brashers from its position of management and its allowing manager Charles Brashers to continue employment with its corporation subsequent to prior complaints and knowledge of sexual harassment committed by manager Charles Brashers constitutes negligent retention of said employee.

DAMAGES Plaintiff April Andrews has sustained significant emotional and psychological trauma as a direct result of the actions of defendant's manager Charles Brashers. She also has suffered economic losses in the form of lost back wages, lost benefits, front wages and any other available legal damages. Defendant's supervisors and management personnel were in intentional, willful, wanton or reckless disregard of Ms. Andrews' federally protected rights by failing to properly monitor the activities of its manager Charles Brashers and by failing to maintain and enforce an effective sexual harassment policy, thus entitling Plaintiff to punitive damages. WHEREFORE, Plaintiffs request judgment against Defendant in an amount exceeding $75,000 in compensatory and punitive damages, in addition to attorney fees, expert witness fees, court costs and other such relief as the court deems equitable. REQUEST FOR JURy TRIAL AND DESIGNATION OF PLACE OF TRIAL Plaintiff requests a Trial by Jury and designates Springfield, MO as the place of trial.
Steven A. Hays, 622 S. Main/ Joplin, MO 64801 417-782-7600 Attorney for Plaintiff April Andrews

CERTIFICATE OF SERVICE
The undersigned hereby certifies that a true and correct copy of the above and foregoing Motion to Intervene was served via U.S. Mail to:
Andrea Taylor, Trial Attorney EEOC Gateway Tower IT 400 State Ave., 9th Floor Kansas City, KS 66101
Terry M. Kollmorgen Moyers, Martin, Santee, Imel & Tetrick, LLP 320 South Boston Bldg., Suite 920 Tulsa, OK 74103

 
 EXHIBIT"A"

~'

~IISS0URI CO:\I:\lISSIO:\ ON HUi\IAN RIGHTS

~

-~

....,

<,,-".

('alllni"" 1\, l.capll,'an

S{lTlillg .\dalJl'

'MCHR'

I h'l'\~li! i1,l':\! I )ll'l'ClI 1\

'\ e : A~' L II Ancl rews
.'s. is r,~c.'{ DKUG WAREE'JUSE

Oct :::;, 2001

I" I"' I
, ; -'"1; '.:) \J -r

=:-::=.::; 1::0 F~? IN?G?~1AJ:"=G~AL PURPOSES OKLY
NO RE~P0NS~ R3QUIRED

l':OTICE THAT A CO[VIPL~:::NT HAS BEEN FILElJ

~ . , " n ~ ~ ~ ~ r ':::"'0 ...:....,......."...l.. ..LO~ 0

whic~ was ~iled with:

; .1 ~-:;. '..' I i~(;6 '"vi c::l~ cIce Missouri C8~2ission on Human Rights :~IjCHR) .
:-'::,~; 1::ticl.t is being investigated by Equal Employment- Opport-unity Commission ,,~ h~,\j:::- d',y queSt: ions concerniEg yc;..:r investigation, you will need _~l __,_._ 2'X_t'--'~ S,n:r;:loyment Opporcc.:::icy COri~missiol'l.
n"-J ~".":,,=['3rC [~H1Ci. a Cc,mplainc Ir;~',)rr;a::::ion Sheet explaining rights _,~c~, J:= ,='t;J,j2>:::3 under: c:lle ]Vlisso'-.lri h'..:::1an Rights Act. Read i t carefully. :'j,,)~ - ,,,',I.. I:ll-:::Lc' is a nvo (2) year stat'L:te of limitations for filing ',; d ~:. ',' i t: h ,Ct s [ a t ~'O No tic e of Rig h c to S G e .
:~e:..-::.~e:::Li.n9 a Notice of Right to Sue frc~ EEOC will not result In ]VlCHR • s c3 c,l i. :~i '" l'JU Lie e of E i g 11 t to Sue. Requests for a Notice of Right to Rue '..lI:J,=L" :it~l[,-: law lnust be made to MCHR i~ ~riting. MCHR cannot issue a
,d- '),L'lht to Sl:e Clfter it has closed a case. If MCHR closes its case, 0;U;~~C0 ,,:Jf Right to Sue cannot be issued.

1;1, \\ IrlJlll.llJ HI.,d .. I'.l). Hll\ 11~1J

.11. '1l'I'UIl l·Ii'.. 1\11 ) h~ 1()2.-1 1":'1)

"hl.1;;lO ; '.\ ''-,1 .'\ \~... F,\.\ )731751 .oIl\):--

I ; "01; I ~

1 } ; ..., ' ( ,

o

1'11011"

I)U(, Oll\c, SUlt~ J~()
SI. I "ui" ~I() (,] I I) 1·14~:1' 1I,I:J4lJ·'l51IO rA:\: JI,I'.\,/Il·n3X
TIl' J 14/,140· 7SI);

o

o

4U4Y I\:nnsyh<lllia A\,~IlLJc. SUite.: I SO "ansas ('Hy, MO 641 I I-J1J22
Pliolle: S I NSS'!·S 100 FA,\: S Ih/SS'!-,'" 07 r /,y, XI6:S:N·51 0(1

Plhllk

I US West l'crllc:r Slrcel SlkeslOlI. MU (dSI)I·~11f) :'i7V,n.!~.sJ20 F/\.\. 5731471~5 ~21
TTY, 573/4~ 2·S~2.l

 
 EXHIBIT "B"

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

Kansas City Area Office

400 State Avenue, Suite 905
Kansas City, KS 66101 (913) 551-5655
TTY (913) 551-5657 FAX (913) 551-6956

Charge No. 281A11846

April Andrews 2910 Pcnn
Joplin, Mo. 64804
vs.
May's Drug Warehouse 3222 S. Main
Joplin, Mo. 64804

DETERt'VIINA TION

I issue the following determination on the merits of this charge. All requirements for coverage have been met. Respondent is an employer within the meaning of Title VII of the Civil Rights Act of 1964, as amended.
Charging Party has alleged that she was discriminated against in violation of Title VII of the Civil Rights Act of 1964, as amended, in that she was subjected to unwelcome sexual harassment and a sexually hostile working environment because of her sex, female. As a result of the sexual harassment and hostile work environment, Charging Party alleges that she was constructively discharged. Charging Party further alleges that she was discriminated against by being harassed because of her religious beliefs and denied a religious accommodation.
Respondent contends that it had no knowledge or information regarding Charging Party's sexual harassment allegation, and that Charging Party was aware ofRespondent' s sexual harassment policy and the Employee Protection Hot Line which is available 24-hours a day to report any inappropriate behavior. Moreover, the alleged harasser denied all allegations of sexual harassment.
The investigation found that Charging Party was subjected to sexual harassment and a sexually hostile work environment. The investigation revealed that Charging Party reasonably did not report the sexual harassment because she was aware that others had complained to Respondent, and that Respondent did not take appropriate remedial action. Moreover, Charging Party's allegations are supported by testimonial evidence from other recent former female employees who were subjected to the same treatment and sexually offensive comments as alleged by Charging Party.
The investigation established that there is reasonable cause to believe that Respondent subjected

Charging Party to unwelcome sexual harassment and constructively discharged her because of her sex, female. The investigation did not establish that Respondent harassed Charging Party and denied a religious accommodation because of her religious beliefs.
Upon finding that there is reason to believe that a violation has occurred, the Commission attempts to eliminate the alleged unlawful practices by informal methods of conciliation. Therefore, the Commission now invites the parties to join with it in reaching a just resolution of this matter. Disclosure of information obtained by the Commission during the conciliation process will be made in accordance with Section 1601.26 of the Commission's Procedural Regulations.
Ifthe Respondent declines to discuss settlement or when, for any reason, a settlement acceptable to the office Director is not obtained, the director will inform the parties and advise them of the court enforcement alternatives available to aggrieved persons and the Commission.

On Behalf of the Com

9 )'7 -

-, f) c~..)"-

Date

AFFIDAVIT

STATE OF MISSOURI COUNTY OF JASPER

)
) ss.
)

April Andrews, being duly sworn upon her oath, states as follows:

1. I reside at 2910 Pennsylvania, Joplin, Mo 64804. 2. I am 26 years of age; my date of birth is 4-15-75. 3. I began employment at May's Drug Warehouse, 3222 S. Main,
Joplin, Mo, in Janua.ry of 2000, my position Floor Supervisor. My employment ended in January of 200 1. 4. During my tenure with May's Drug Warehouse I also perfonned the duties of phannacy cashier. 5. The manager of the store during my entire tenure was Charles Brashers. 6. Vv'hile employed with this company I was subjected to continuing sexual comments, stat~ments and actions from Charles Brashers, including, but not limited to the following: a. Charles would describe dreams that he had which involved
female employees engaged in sexual acts and said they were shooting porn videos b. Charles told me if I got pregnant he would fire me c. Charles asked me if I would ever divorce my husband d. Charles asked me how often my husband and I had sex e. Charles told me that I needed to change my name because he hated the name April, he then would call me "Apricot" and said that would make a great stripper name and I should try it out f. Charles told me to kiss Tracy Youngblood while he took a Polaroid picture g. Charles always took pictures of all female employees working at May's Drug Warehouse h. Charles told me I dressed like a guy and that he wanted me to come to work in a cocktail dress and heels 1. Charles would tell me that I looked like a hooker when I wore makeup I. Charles said to Tracy and I that he always scheduled us to close because we know how to clean because we were females and he

c\

did not expect the same from Craig Seeman (Assistant

Manager)

k. Charles would place his hands on my shoulders or rub the back

of my head

l. Charles asked me if 1 was a lesbian what girl in our store would

1 kiss, and that it would have to be open mouth tongue and all,

and 1had to do it or my husband would die

m. Charles asked me if 1ever took showers with other girls in high

school

n. Charles would talk about all his sexual encounters with

strippers and other girls he dated in college

o. Charles would make comments regarding women who came

into May's Drug such as:

a. "She's fat"

b. "She has big tits"

c. "I would like to fuck her"

d. "She would be the last person on earth 1 would fuck"

e. "She's to sexy to have a baby"

1. "I would like to sleep with her"

p. Charles told me that my husband would leave me and that 1

need to move to Colorado with him

q. Charles told me that 1 was stupid and naIve

r. Charles said that 1 would never be anything except a dumb

broad

s. Charles told me he would not have promoted me to the

supervisor position if he had known 1 was Pentecostal and that 1

was too radical for him

t. Charles would make several comments about my religion such

as:

a. "I sacrifice chickens"

b. "I brainwash people"

c. "I'm a snake charmer"

d. "I am part of a cult"

e. That I was Satan

f. "I'm a right wing fanatic"

u. Charles did not want to work around my schedule so that I

could attend counseling classes at Life Choices - a Christian

organization for teens facing pregnancies v. Charles asked me if 1 would be a topless waitress in ~ bar that

he would open

p;;>t

w. Charles always wanted to take the female employees out to dinner or lunch
x. Charles wanted to take pictures of the female employees hands and feet
y. Charles invited Tracy and lover to his house to watch movies z. Charles would make comments to other female employees
about being able to see through their clothes aa. Charles would always tell sexual jokes everyday bb. Charles would say degrading remarks such as:
l. You're a loser 2. I don't know anything 3. You're stupid 4. Find another job cc. Charles would ask other female employees to work as strippers and dancers in his bar dd. Charles asked me how often I shaved my legs and if I shaved them in the winter ee. Charles would tell certain employees that it was okay to jackoff to porn videos ff Charles asked me if I would ever have sex with another female gg. Charles asked me how many guys I have had sex with
7. The above comments, statements, and actions were all relayed while I was at work at May's Drug Warehouse.
8. Upon my employment ending, I turned in a resignation letter stating that I could not work in a hostile environment. I also stated that I did not deserve the continuous sexual and religious harassment.
~ A ril Andrews

Subscribed and sworn to before me this 17tl1 day of August, 2001.

My commission expires: IV<-0. I~ ( ZC;V)

JENNIFER N. McVAY Notary Public - Notary Seal
State of Missouri
County of Jasper My Co".,......;., .. i.... ~ E~pil"c N~b 16,2003

 
 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MISSOURI
SOUTHWESTERN DIVISION

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff, and APRIL ANDREWS,
Pbintiff- Inte"venor
MAY'S DRUG STORES, INC.,
Defendant.

) ) ) ) ) ) ) ) )
)
) CASE NO.: 03-05010-RED ) ) ) ) ) ) )

CONSENT DECREE

Introduction

Plaintiff, Equal Employment Opportunity Commission (hereinafter the

"Commission"), has instituted this action alleging that May's Drug Stores, Inc. ("May's

Drug") violated Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. Section

2000e et seq. (hereinafter "Title VII") by sexually harassing April Andrews and

constructively discharging her because of sexual harassment. April Andrews has

intervened in this lawsuit, alleging violations of Title VII, and other claims under

Missouri state law. May's Drug has filed an Answer denying the allegations of the

Commission and Andrews, alleging that Andrews unreasonably failed to report any

alleged harassment and asserting that at all relevant times May's Drug acted reasonably

and prudently.

For purposes of settlement and compromise only, the parties have advised the Court that they wish to resolve the instant controversy without the expense, delay, and burden of further litigation;
THEREFORE, it is the finding of this Court, made on the pleadings and on the record as a whole and upon agreement of the parties, that: (i) this Court has jurisdiction over the parties to and the subject matter of this action, (ii) the requirements of Title VII will be carried out by the implementation of this Decree, (iii) this Decree is intended to and does resolve all matters in controversy in this lawsuit among the parties, and (iv) the terms of this Decree constitute a fair and equitable settlement of all issues in this lawsuit.
IT IS THEREFORE ORDERED, ADJUDGED, AND DECREED as follows: I. General Provisions
1. This Decree, being entered with the consent of the parties for purposes of settlement, shall not constitute an adjudication on the merits of this lawsuit and shall not be construed as an admission by May's Drug of any violation of Title VII or claims made under Missouri state law, or any executive order, law, rule or regulation dealing with or in connection with sex discrimination in employment.
2. May's Drug agrees that it shall adhere to the provisions of Title VII including not to discriminate or retaliate against any person because she has opposed any practices alleged in this action as unlawful under Title VII, has participated in an investigation conducted under Title VII with respect to this complaint, or has participated in this lawsuit or benefitted in any way as a result of this Consent Decree.
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II. Relief for Charging Party 1. May's Drug shall pay a total of $60,000 in full and complete satisfaction of all claims of the Commission and April Andrews. Within ten (l0) days after entry of this Decree, May's Drug will mail two checks to April Andrews. One check shall be made payable to April Andrews in the amount of $1,000, which shall be for alleged back pay damages, less the employee's share of any applicable deductions for FICA, Medicare and federal and state income tax withholdings. The remaining $59,000, will be payable to April Andrews for her remaining claims. May's Drug shall provide a copies of the checks and a withholding statement to the Commission's attorney of record. 2. Within thirty (30) days of the entry of this Decree, May's Drug will prepare a letter in the form shown in Exhibit A on appropriate May's Drug Stores, Inc. letterhead, and will make a signed copy of the resulting letter part of the permanent employment record of April Andrews. Moreover, May's Drug will send the original signed Exhibit A to Steven Hays, attorney for April Andrews. Andrews will direct all employment inquiries to May's Drug Human Resource Department, c/o Human Resource Director. In response to such inquiries, May's Drug's Human Resource Department will limit its response to the information contained in this letter, which shall be available to the prospective employer and a copy provided, if requested. 3. If, during the term of this Decree, May's Drug receives any complaints (whether formal or informal) or allegations that Charles Brashers has engaged in sexual harassment in violation of Title VII of the Civil Rights Act of 1964, May's Drug shall provide written notice to the Commission within five (5) days of receipt of the information.
-3-

III. Training

1. Within 90 days after entry of the Consent Decree by the Court, the May's

Drug shall begin the process of providing mandatory EEO training for all of its officers

of the company (regardless of location), managers, supervisors and employees within any

facility owned and operated by May's Drug Stores, Inc. in Joplin, Missouri. The content

of this training shall include sexual harassment and sex discrimination under Title VII of

the Civil Rights Act. This training shall be presented by an outside, third-party

consultant who is approved by the Commission. The training shall include information

regarding Title VII's prohibition against the sexual harassment of employees, and shall

be at least 2 liz hours in duration. May's Drug shall make a good faith effort to complete

the training within 9 months of the date of this Decree.

2.

Within 60 days of providing any training pursuant to this section, May's

Drug shall send to the Commission a summary of the topics covered in the training and a

list which includes the names of all May's Drug's officers and employees who attended the training.

IV. Posting and Policies

1. May's Drug shall continue to post all federally and state requested EEO

notices at locations visible to all employees in all facilities owned and operated by

May's Drug, within Joplin, Missouri.

2. Within thirty (30) days of the entry of this Decree, May's Drug shall

distribute its sexual harassment policy, to each and every management official and

employee employed at any facility owned and operated by May's Drug in Joplin,

Missouri.

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v. Reporting, Record-keeping, and Access
1. May's Drug shall prepare and submit to the Commission a letter indicating as follows:
a. that the Sexual Harassment Policy has been distributed as required by section IV, paragraph 2, above, and b. that the training required by section III, paragraph 1 above has been completed. 2. May's Drug shall prepare and submit two reports to the Commissions' attorney of record during the duration of this Decree. Each report is due at the end of the first and second year and shall contain the following information with respect to each female employee (an employee is a person who has been employed with May's Drug during the preceding year at Charles Brashers' store) hired during the relevant reporting period: a. Each employees' name, last known residential phone number, last known residential address; and b. Any sexual harassment complaints received by management at Charles Brashers' store. May's Drug agrees to cooperate with the Commission's request for additional information regarding any complaints of discrimination at Charles Brashers' store. 3. During the term of this Decree May's Drug shall allow representatives of the Commission to review May's Drug's compliance with this Decree by inspecting and photocopying relevant documents and records, interviewing employees and management officials on their premises, and inspecting their premises. Such review of compliance
-5-

shall be initiated by written notice to the May's Drug's attorney of record at least three (3) business days in advance of any inspection of a May's Drug's documents or premises.
VI. Term and Effect of Decree 1. By entering into this Decree the parties do not intend to resolve any charges of discrimination other than Ms. Andrews' charge currently pending before the Commission that created the procedural foundation for the complaint in this case. As of the date of this Decree, the Commission is unaware of any other pending charges against May's Drug Stores, Inc. d/b/a Drug Warehouse. 2. This Decree shall be binding upon the parties hereto, their successors and assigns. May's Drug shall affirmatively notify any purchasers of the obligations of this Consent Decree prior to any sale which may take place. 3. This Decree shall be for a period of two (2) years: During the Decree's term the Court shall retain jurisdiction of this cause for purposes of compliance. 4. Within 10 days of the entry of this Decree, May's Drug shall pay plaintiff April Andrews' attorneys fees by issuing a check payable to Steven A. Hays in the amount of $15,000. Each party shall bear its own costs.

DATE:

/? ~ ~ ~ ~/7
U.S. DISTRICT JUDGE

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BY CONSENT:
ROBERT G. JOHNSON Regional Attorney
DONNA L. HARPER Supervisor Trial Attorney
n .4'--LO-- ~,
Yrea Taylor, Mo. Bar # 47233 Senior Trial Attorney EQUAL EMPLOYMENT OPPOR fUNITY COrvlMISSION Kansas City Area Office 400 State Avenue, Suite 905 Kansas City, Kansas 66101 (913) 551-5844 FAX: (913) 551-6957
FOR PLAINTIFF EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Steven A. Hays STEVEN A. HAYS, 622 Main Joplin, Missouri 64801
I
Fo:r~~TIFF-lfVENOR APRIL ANDREWS
Terry' K I morgen, OBA #13713 Patrick D. 'Connor, OBA #6743 James E. aupin, OBA #14966 401 S. Boston Avenue, Suite 1100 Tulsa, Oklahoma 74103 Telephone: (918) 582-5281 Telecopier: (918) 585-8318
FOR DEFENDANT MAY'S DRUG STORES, INC.
-7-

EXHIBIT A LETTER OF REFERENCE May's Drug Stores, Inc. Letterhead To Whom it May Concern: April Andrews was employed at the 32nd and Main store between January 2000 until her voluntary resignation in January 2001. Her attendance was regular. Her performance was consistently good and she was promoted during her tenure. Sincerely, May's Drug Stores, Inc. Human Resource Director Cherie Decker
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CLOSED, PHV
U.S. District Court United States District Court for the Western District of Missouri (Joplin)
CIVIL DOCKET FOR CASE #: 3:03-cv-05010-RED

Equal Employment Opportunity Commission v. May's Drug Date Filed: 01/29/2003

Stores, Inc.

Date Terminated: 03/30/2004

Assigned to: District Judge Richard E. Dorr

Jury Demand: Plaintiff

Cause: 42:1983 Civil Rights Act

Nature of Suit: 442 Civil Rights: Jobs

Jurisdiction: U.S. Government Plaintiff

Plaintiff
Equal Employment Opportunity Commission

represented by Andrea Taylor Equal Employment Opportunity Commission 400 State Avenue Suite 905 Kansas City, KS 66101 (913)551-5844 Fax: 913-551-6957 Email: andrea.taylor@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Donna Harper SEDEY HARPER PC 3030 Grand Ave. Suite 200 St. Louis, MO 63118 (314) 773-3566 Fax: (314) 773-3615 Email: dharper@sedeyharper.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

Intervenor Plaintiff

Robert G. Johnson Equal Employment Opportunity Commission 1222 Spruce Street Room 8.100 St. Louis, MO 63103 (314)539-7910 Fax: (314)539-7895 Email: robert.johnson@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

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April Andrews
V. Defendant May's Drug Stores, Inc.

represented by Steven A. Hays 622 S. Main Street Joplin, MO 64801 417-782-7600 Fax: 417-781-1552 Email: office@stevenahays.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by James E Maupin Moyers, Martin, Santee, Imel & Tetrick, LLP 401 South Boston Suite 1100 Tulsa, OK 74103 (918) 582-5281 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Patrick D O'Connor Moyers, Martin, Santee, Imel & Tetrick, LLP 410 South Boston Suite 1100 Tulsa, OK 74103 (918) 582-5281 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Terry M Kollmorgen Moyers, Martin, Santee, Imel & Tetrick, LLP 401 South Boston Suite 1100 Tulsa, OK 74103 (918) 582-5281 Fax: 918-585-8318 Email: tmk@moyersmartin.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
James N. Foster, Jr. McMahon, Berger, Hanna, Linihan, Cody & McCarthy 2730 North Ballas Road Suite 200 P. O. Box 31901

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Date Filed 01/29/2003
01/31/2003
02/19/2003 03/03/2003
03/04/2003 03/04/2003 03/04/2003 03/27/2003 03/28/2003 04/29/2003 05/01/2003

St. Louis, MO 63131-3039 (314) 567-7350 Fax: (314)567-5968 Email: foster@mcmahonberger.com ATTORNEY TO BE NOTICED

#

Docket Text

1 COMPLAINT against May's Drug Stores, Inc. (Filing fee $ 0.00 receipt number waived) Service due by 5/29/2003, filed by Andrea Taylor on behalf of Equal Employment Opportunity Commission.(Taylor, Andrea) Modified on 1/29/2003 to attach Civil Cover Sheet (Jones, Robin). (Entered: 01/29/2003)

2 MOTION to intervene filed by Steven A. Hays on behalf of April Andrews Suggestions in opposition/response due by 2/18/2003 (Attachments: # 1 Complaint# 2 Exhibit A# 3 Exhibit B)(Polodna, Christy) (Entered: 01/31/2003)

3 WAIVER OF SERVICE returned executed by Equal Employment Opportunity Commission. Waiver sent on 1/29/2003 to May's Drug Stores, Inc. Answer due 3/31/2003. (Jones, Robin) (Entered: 02/19/2003)

4 ORDER granting 2 motion to intervene; April Andrews added as intervenor; counsel for Ms. Andrews directed to file proposed complaint within 10 days of the date of this order and serve proposed complaint upon the EEOC and defendant. (kas) (Entered: 03/03/2003)

5 Motion and Order to appear pro hac vice granting appearance of Attorney Patrick D O'Connor for May's Drug Stores, Inc.Fee paid; receipt number 204862. (Kee, Georgia) (Entered: 03/04/2003)

6 Motion and Order to appear pro hac vice granting appearance of Attorney James E Maupin for May's Drug Stores, Inc.Fee paid; receipt number 204863. (Kee, Georgia) (Entered: 03/04/2003)

7 Motion and Order to appear pro hac vice granting appearance of Attorney Terry M Kollmorgen for May's Drug Stores, Inc.Fee paid; receipt number 204864. (Kee, Georgia) (Entered: 03/04/2003)

8 ANSWER to Complaint filed by Terry M Kollmorgen on behalf of Defendant May's Drug Stores, Inc..(Howard, Linda) (Entered: 03/27/2003)

9 Rule 16 Notice: proposed sched order ddl 5/19/2003; rule 26 conference ddl 4/29/2003 (kas) (Entered: 03/28/2003)

10 MOTION for leave to file Intervenor's Complaint filed by Steven A. Hays on behalf of April Andrews Suggestions in opposition/response due by 5/14/2003 (Hays, Steven) (Entered: 04/29/2003)

11 ORDER granting 10 motion to correct filing or leave to file intervenor's complaint; intervenor to file complaint within 5 days and such filing will

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05/02/2003 05/07/2003 05/09/2003 05/13/2003 05/19/2003 05/21/2003
05/21/2003 06/04/2003
07/11/2003 08/04/2003
08/06/2003
08/06/2003 08/07/2003

be considered timely filed. (kas) (Entered: 05/01/2003)
12 DISCLOSURE OF CORPORATE INTERESTS filed by Terry M Kollmorgen on behalf of Defendant May's Drug Stores, Inc..(Kollmeyer, Jane) (Entered: 05/02/2003)
13 Intervenor COMPLAINT filed by Steven A. Hays on behalf of April Andrews. (Attachments: # 1 Exhibit A# 2 Exhibit B)(Martinez, Alexandra) (Entered: 05/07/2003)
14 CERTIFICATE OF SERVICE OF INITIAL RULE 26 DISCLOSURES filed by Andrea Taylor on behalf of Plaintiff Equal Employment Opportunity Commission.(Taylor, Andrea) (Entered: 05/09/2003)
15 CERTIFICATE OF SERVICE OF INITIAL RULE 26 DISCLOSURES filed by Steven A. Hays on behalf of Intervenor Plaintiff April Andrews. (Hays, Steven) (Entered: 05/13/2003)
16 PROPOSED SCHEDULING ORDER AND DISCOVERY PLAN by Equal Employment Opportunity Commission. (Taylor, Andrea) (Entered: 05/19/2003)
17 SCHEDULING ORDER: discovery ddl 12/19/2003; dispositive motions ddl 1/19/2004; pretrial teleconference set for 4/23/2004 09:00 AM; jury trial set for 5/3/2004 09:00 AM in District Courtroom 1, Springfield. (kas) (Entered: 05/21/2003)
18 RULES OF JURY TRIAL. (kas) (Entered: 05/21/2003)
19 CERTIFICATE OF SERVICE by Equal Employment Opportunity Commission filed by Andrea Taylor on behalf of Plaintiff Equal Employment Opportunity Commission.(Taylor, Andrea) (Entered: 06/04/2003)
20 ANSWER to Intervenor Complaint filed by Terry M Kollmorgen on behalf of Defendant May's Drug Stores, Inc.(Rilling, Karen) (Entered: 07/15/2003)
21 MOTION for extension of time to File Discovery Responses filed by Andrea Taylor on behalf of Equal Employment Opportunity Commission Suggestions in opposition/response due by 8/19/2003 (Taylor, Andrea) (Entered: 08/04/2003)
22 CERTIFICATE OF SERVICE by Equal Employment Opportunity Commission filed by Andrea Taylor on behalf of Plaintiff Equal Employment Opportunity Commission.(Taylor, Andrea) (Entered: 08/06/2003)
23 CERTIFICATE OF SERVICE by April Andrews filed by Steven A. Hays on behalf of Intervenor Plaintiff April Andrews.(Hays, Steven) (Entered: 08/06/2003)
24 ORDER signed by Judge Dorr on 08/05/2003 granting 21 motion for extension of time; pltf's ddl to serve answers to def's first set of

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10/07/2003
10/15/2003 10/31/2003
10/31/2003 10/31/2003 11/17/2003 11/17/2003 11/17/2003 11/17/2003 11/17/2003 11/17/2003 11/17/2003 11/17/2003

interrogatories and its responses to def's request for production of documents extended to 08/06/2003. (Schroeppel, Kerry) (Entered: 08/07/2003)
25 MOTION for protective order (Stipulated by Parties) filed by Andrea Taylor on behalf of Equal Employment Opportunity Commission Suggestions in opposition/response due by 10/22/2003 (Taylor, Andrea) (Entered: 10/07/2003)
26 ORDER granting 25 Motion for Entry of Stipulated Protective Order. (Schroeppel, Kerry) (Entered: 10/15/2003)
27 CERTIFICATE OF SERVICE by Equal Employment Opportunity Commission filed by Andrea Taylor on behalf of Plaintiff Equal Employment Opportunity Commission.(Taylor, Andrea) (Entered: 10/31/2003)
28 CERTIFICATE OF SERVICE by May's Drug Stores, Inc. filed by Terry M Kollmorgen on behalf of Defendant May's Drug Stores, Inc.. (Kollmorgen, Terry) (Entered: 10/31/2003)
29 CERTIFICATE OF SERVICE by May's Drug Stores, Inc. Discovery answers to EEOC filed by Terry M Kollmorgen on behalf of Defendant May's Drug Stores, Inc..(Kollmorgen, Terry) (Entered: 10/31/2003)
30 NOTICE to take deposition of Tracy Youngblood filed by Andrea Taylor on behalf of Plaintiff Equal Employment Opportunity Commission. (Taylor, Andrea) (Entered: 11/17/2003)
31 NOTICE to take deposition of Kellie McGrew filed by Andrea Taylor on behalf of Plaintiff Equal Employment Opportunity Commission.(Taylor, Andrea) (Entered: 11/17/2003)
32 NOTICE to take deposition of Russell Smith filed by Andrea Taylor on behalf of Plaintiff Equal Employment Opportunity Commission.(Taylor, Andrea) (Entered: 11/17/2003)
33 NOTICE to take deposition of Charles Brashers filed by Andrea Taylor on behalf of Plaintiff Equal Employment Opportunity Commission. (Taylor, Andrea) (Entered: 11/17/2003)
34 NOTICE to take deposition of Cherie Decker filed by Andrea Taylor on behalf of Plaintiff Equal Employment Opportunity Commission.(Taylor, Andrea) (Entered: 11/17/2003)
35 NOTICE to take deposition of Craig Seeman filed by Andrea Taylor on behalf of Plaintiff Equal Employment Opportunity Commission.(Taylor, Andrea) (Entered: 11/17/2003)
36 NOTICE to take deposition of Lisa Sparlin filed by Andrea Taylor on behalf of Plaintiff Equal Employment Opportunity Commission.(Taylor, Andrea) (Entered: 11/17/2003)
37 NOTICE to take deposition of Amber Raney filed by Andrea Taylor on

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11/17/2003 11/17/2003 12/01/2003 12/01/2003 12/01/2003 12/01/2003 12/01/2003 12/02/2003 12/16/2003 12/24/2003 01/05/2004
03/29/2004

behalf of Plaintiff Equal Employment Opportunity Commission.(Taylor, Andrea) (Entered: 11/17/2003)
38 NOTICE to take deposition of Bill Barnett filed by Andrea Taylor on behalf of Plaintiff Equal Employment Opportunity Commission.(Taylor, Andrea) (Entered: 11/17/2003)
39 NOTICE to take deposition of Jim Moomaw filed by Andrea Taylor on behalf of Plaintiff Equal Employment Opportunity Commission.(Taylor, Andrea) (Entered: 11/17/2003)
40 NOTICE to take deposition of Craig Seeman (Amended) filed by Andrea Taylor on behalf of Plaintiff Equal Employment Opportunity Commission.(Taylor, Andrea) (Entered: 12/01/2003)
41 NOTICE to take deposition of Russell Smith (Amended) filed by Andrea Taylor on behalf of Plaintiff Equal Employment Opportunity Commission.(Taylor, Andrea) (Entered: 12/01/2003)
42 NOTICE to take deposition of Lisa Sparlin (Amended) filed by Andrea Taylor on behalf of Plaintiff Equal Employment Opportunity Commission.(Taylor, Andrea) (Entered: 12/01/2003)
43 NOTICE to take deposition of Amber Raney (Amended) filed by Andrea Taylor on behalf of Plaintiff Equal Employment Opportunity Commission.(Taylor, Andrea) (Entered: 12/01/2003)
44 NOTICE to take deposition of Kellie McGrew (Amended) filed by Andrea Taylor on behalf of Plaintiff Equal Employment Opportunity Commission.(Taylor, Andrea) (Entered: 12/01/2003)
45 Joint MOTION for extension of time to complete discovery filed by Andrea Taylor on behalf of Equal Employment Opportunity Commission Suggestions in opposition/response due by 12/17/2003 (Taylor, Andrea) (Entered: 12/02/2003)
46 ORDER granting 45 Joint Motion for an Extension of Discovery Ddls; discovery motions ddl 1/30/2004, dispostive motions ddl 2/27/2004, pretrial telconf reset to 8/12/2004 10:00 AM, jury trial reset to 8/23/2004 9:00 AM. (Schroeppel, Kerry) (Entered: 12/16/2003)
47 Second MOTION for extension of time to complete discovery filed by Andrea Taylor on behalf of Equal Employment Opportunity Commission Suggestions in opposition/response due by 1/8/2004 (Taylor, Andrea) (Entered: 12/24/2003)
48 SECOND AMENDED SCHEDULING AND JURY TRIAL ORDER granting 47 Second Joint Motion for an Extension of Discovery Deadlines; discovery motion ddl 3/1/2004, dispositive motions ddl 3/29/2004, pretrial teleconf reset to 10:00 AM 8/12/2004, jury trial reset to 9:00 AM 8/23/2004, District Courtroom #1, Springfield. (Schroeppel, Kerry) (Entered: 01/05/2004)
49 CONSENT DECREE signed by Judge Richard E. Dorr on 3/26/04.

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(Rilling, Karen) (Entered: 03/30/2004)

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