1 ,

U.S. DISTRICT COURT
IN THE UNITED STATES DISTRICT COURT MOJ'~'E~IR[' ~k602

FOR THE SOUTHERN DISTRICT OF ALABAMA

SOUTHERN DIVISION

ZOOI ~lAY III PI: LJ g

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff,
vs.
BENDER SHIPBUILDING & REPAIR CO., INC.,
Defendant.

] ]

FILED CLERK'S OFFICE

]

]

] ]

CIVIL ACTION # DI- D3s?-.11:r-!Y1

]

] .COMPLAINT

]

]

] JURY TRIAL DEMAND

]

NATURE OF THE ACTION
This is an action brought under Title I of the Americans with Disabilities Act of 1990 (ADA) and Title I of the Civil Rights Act of 1991 to correct unlawful employment practices on the basis of disability and to make whole Bobby C. Tate. The Defendant discriminated against Bobby Tate by refusing to hire him because of his disability, deafness.
JURISDICTION AND VENUE 1. Jurisdiction of this Court is invoked pursuantto 28 U.S.C. §§ 451,1331,1337,1343 and 1345. This action is authorized and instituted pursuant to § 107(a) of the Americans with Disabilities Act of 1990 ("ADA"), 42 U.S.C. § 12117(a), which incorporates by reference Section 706(f)(1) and (3) of Title VII ofthe Civil Rights Act of 1964, as amended, 42 U.S.C. §§ 2000e-5(f)(1) and (3) and §102 of the Civil Rights Act of 1991,42 U.S.C. § 1981A.

2. The unlawful employment practices alleged below were and are now being committed within the jurisdiction ofthe United States District Court for the Southern District of Alabama, Southern Division.
PARTIES 3. The Plaintiff, the Equal Employment Opportunity Commission (the "Commission"), is an agency of the United States of America charged with the administration, interpretation and enforcement of Title I of the ADA and is expressly authorized to bring this action by § 107(a) of the ADA, 42 U.S.C. § 12117(a), which incorporates by reference 706{f)of Title VII, 42 U.S.C. §2000e-5(f){1). 4. At all relevant times, Defendant Bender Shipbuilding & Repair Company, Inc. (hereafter "Employer" or "Bender") has continuously been doing business in the State of Alabama and the City of Mobile, and has continuously had at least fifteen (15) employees. 5. At all relevant times, the Defendant Employer has continuously been and is now an employer engaged in an industry affecting commerce under Section 101 (5) of the ADA, 42 U.S.C. § 12111(7), which incorporates by reference §§ 701(g) and (h) of Title VII, 42 U.S.C. §§ 2000e-(g) and (h). 6. At all relevant times, Defendant Bender has been a covered entity under Section 101(2) of the ADA, 42 U.S.C. § 12111(2).
STATEMENT OF CLAIMS: ADA FAILURE TO HIRE 7. More than thirty (30) days priorto the institution ofthis lawsuit, Bobby C. Tate filed a Charge of Discrimination with the Commission alleging violations of Title I of the ADA by the Defendant Bender. All conditions precedent to the institution of this lawsuit have been fulfilled.
2

8. Since at least, October 21, 1998, the Defendant has engaged in unlawful
employment practices at its Mobile, Alabama facility in violation of § 102(a) of Title I of the ADA, 42 U.S.C. § 12112(a). These practices include failing to hire Bobby C. Tate because
he is substantially limited in hearing and maintaining a job qualification standard, test, or screening criteria for the position of welder that screens out or tend to screen out qualified individuals with disabilities which standard, test or criteria are not job related or consistent with business necessity. Said practices exclude from employment with Defendant Bender all qualified individuals who are substantially limited in the major life activity of hearing.
9 Bobby C. Tate is deaf and, due to his deafness, is substantially limited in the major life activity of hearing.
10. On or around October 21, 1998, Mr. Tate applied for a job as a welder with the Defendant Bender.
11. Defendant Bender refused to permit Mr. Tate to take the hand-on welding test.
12. Defendant Bender told Mr. Tate that he would not be hired as a welder because he was deaf.
13. Bobby Tate successfully had worked as a welder on and offfor approximately eight (8) years at the time that he applied for employment with the Defendant Bender.
14. At all times relevant to the events alleged in this Complaint, Mr. Tate was a qualified individual with a disability (deafness) who, with or without a reasonable accommodation, could perform the essential functions of the job of welder for Defendant Bender.
3

15. By refusing to allow Mr. Tate to take the welding test, Defendant Bender denied to him the opportunity to demonstrate his qualifications for the position of welder.
16. Defendant Bender deprived Bobby C. Tate of his federally protected right to equal employment opportunities and otherwise adversely effected his employment status because he is deaf in violation of 42 U.S.C. §12112(a) and §12112(b).
17. Defendant Bender's unlawful employment practices complained of above were intentional within the meaning of the ADA.
18. Defendant Bender has at all relevant times been acting with malice or reckless indifference to the federally protected rights of Bobby C. Tate.
PRAYER FOR RELIEF WHEREFORE, the Commission respectfully requests that this Court: A. Grant a permanent injunction enjoining the Defendant, its officers, agents, successors, assigns and all persons in active concert or participation with it, from engaging in any employment practices which discriminate on the basis of disability in its hiring decisions and any other employment practice which discriminates on the basis of disability. B. Order the Defendant to institute and carry out policies, practices and programs which provide equal employment opportunities for all its employees regardless of their disabilities. C. Order the Defendant to make whole Bobby C. Tate by providing, where appropriate, back pay with prejudgment interest, in amounts to be determined at trial, and other affirmative relief necessary to eradicate the effects of its unlawful employment practices, including but not limited to reinstatement.
4

•
D. Order the Defendant to make whole Bobby Tate by providing him with compensation for past and future pecuniary losses, including medical expenses and job search expenses.
E. Order the Defendant to make whole Bobby Tate by providing compensation for non-pecuniary losses, including pain and suffering, emotional distress, humiliation, isolation, depression, loss of credit and loss of enjoyment of life in amounts to be proved at trial.
F. Order the Defendant to pay Bobby Tate punitive damages for its malicious and/or reckless conduct, in an amount to be determined at trial.
G. Grant such further relief as the Court deems necessary and proper in the public interest.
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 its complaint under the ADA.
Respectfully submitted,
Gwendolyn Young Ream Associate General Counsel Equal Employment Opportunity Commission 1801 "L" Street, Northwest Washington, DC 20507
5

,

4

(

•

AMELA K. AGEE Senior Trial Attorney
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Birmingham District Office Ridge Park, Place 1130 2nd Street, South, Suite 2000 Birmingham, AL 35203-2397 Telephone: (205) 731-1299

6

 
 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION

EQUAL EMPLOYMENT OPPORTUNITY

1

COMMISSION

1

1q 2 :15 hlnv ·O? Ptl ::'TL~l , .. ,-,W t ,'",I.

_

... _

USEe?LS

]

Plaintiff,

] Civil Action No. 01-0358-P-S

]

]

vs.

]

]

]

BENDER SHIPBUILDING & REPAIR CO, INC. ]

]

Defendant.

]

I

SETTLEMENT AGREEMENT
On May 17, 2001, the Equal Employment Opportunity Commission ("EEOC") filed suit against Bender Shipbuilding and Repair Co., Inc. ("Bender"). The EEOC's Complaint alleged that Bender had discriminated against Bobbie C. Tate in violation of §102(a) of Title I of the ADA, 42 U.S.C. §12112(a) (the "ADA") and Title I of the Civil Rights Act of 1991, 42 U.S.C. §1981a ("CRA of 1991"), by refusing to hire him because of his disability, deafness, and by maintaining a job qualification standard, test or screening criteria for the position of welder which screens out qualified individuals with disabilities and which is not job related nor consistent with business necessity. Title I of the Americans With Disabilities Act, 42 U.S.C. §12101 et. sec. guarantees workers that they will be free from employment discrimination on the basis of disability. Title I of the Americans with Disabilities Act, 42 U.S.C. §1981a, provides for compensatory and punitive damages in certain actions brought under the ADA.

Bender has admitted that it maintains a practice or policy of refusing to hire as welders individuals who are substantially limited in the major life activity of hearing, but contends that this practice or policy is not a violation of the ADA.
The parties have conferred and they desire to resolve the instant controversy without the burden, expense and delay of further litigation.
Therefore, in consideration of the mutual promises herein, it is further agreed as follows:
A. This Settlement Agreement resolves the factual claims asserted by the EEOC which form the basis for Civil Action No: 01-0358-P-S pending in the United States District Court for the Southern District of Alabama, Southern Division. The issues resolved by this Settlement Agreement are only those which were alleged in the Charge of Discrimination filed by Mr. Tate (EEOC Charge Number 130-99-0577) and subsequently asserted in the Complaint filed by the EEOC in the above styled lawsuit. The relief resolved by this Settlement Agreement includes all claims made in this lawsuit, including but not limited to, claims for damages, back pay, front pay, employee benefits, injunctive relief, declaratory relief, attorney's fees and costs arising out of this lawsuit.
B. This is a voluntary settlement and is not an admission by anyone of liability or violation of any law, including the Americans with Disabilities Act, and Bender expressly denies any violation. Nothing in this Settlement Agreement shall affect any other pending litigation or investigation between the parties unless expressly noted herein. Nothing in this Settlement Agreement shall preclude any party from bringing an action to enforce the terms of this Settlement Agreement; nor shall this Settlement Agreement preclude any further
2

action by the EEOC or any other person to remedy any other violations of the ADA by the

Defendant.

C. The parties agree that the Court shall retain jurisdiction to enforce this

Agreement by appropriate order.

D. Bender shall eliminate its policy or practice of not hiring as welders individuals

who are substantially limited in the major life activity of hearing.

E.

Bender will adopt a procedure for evaluating whether or not individuals with

a substantial hearing loss who apply for the position of welder are qualified to perform the

essential functions of that job. That procedure shall be consistent with the requirements of

the ADA (both as set forth specifically in the statute and as interpreted by the courts) and

with EEOC regulations issued pursuant to its authority under the ADA. Bender shall be

responsible for providing a qualified interpreter, aide or assistant to facilitate communications

during each stage of this process.

At a minimum, the procedure shall include the following:

(1) EQUAL OPPORTUNITY DURING THE APPLICATION PROCESS.

All applicants for welder positions will be required to complete the same

application form. This form shall include a section where an individual with a hearing

impairment can request, if he/she chooses, a reasonable accommodation for assistance in

completion of the application process. Reasonable accommodation at this stage of the

application process means modifications or adjustments to the job application process that

enable a qualified individual with a disability to be considered for the position such qualified

applicant desires without regard to that individual's impairment. Reasonable accommodation

3

includes, but is not limited to, the provision of qualified interpreters or other assistance, as necessary.
Bender shall submit its application and any related explanatory documents to the EEOC for its review prior to the adoption of these forms or documents. The EEOC shall be given ten (10) work days in which to review these forms or documents, at which time the EEOC shall make any suggestions that it deems appropriate. If the EEOC suggests any alterations in the forms or documents the parties shall confer. Bender is free to decide whether or not it will make any suggested changes. Neither the silence or the submission of comments by the EEOC shall be used as evidence of approval or disapproval by the EEOC in any subsequent proceedings in which said application process is at issue.
(2) EQUAL OPPORTUNITY IN THE TESTING PROCESS. All applicants for welding positions will be administered the same tests,
questionnaires or other screening devices. Bender shall use only standards, criteria, or methods of administration of such tests, questionnaires, or other screening devices which are job related and consistent with business necessity, and that do not have the effect of excluding individuals from employment on the basis of hearing impairment. If the tests, questionnaires, or other screening devices, are administered in a manner which requires the ability to hear, Bender shall provide an appropriate, reasonable accommodation for those applicants who are substantially limited in the major life activity of hearing. Reasonable accommodation at this stage of the application process means modifications or adjustments to the job application process that enable a qualified individual with a disability to be considered for the position such qualified applicant desires without regard to that individual's impairment. Reasonable accommodation may include, but is not limited to, the adjustment
4

or modification of examinations, training materials or methods, policies, the provision of qualified interpreters and/or other assistance as needed.
Bender will not discriminate against any applicant with a hearing impairment in regards to application of its tests, questionnaires, or other screening devices, including any additional opportunities to qualify at a later date.
The ability to hear shall not be considered by Bender when deciding whether of not to extend a conditional offer of employment to any individual applicant.
(3) POST'()FFER EXAMINATIONS Bender may condition an offer of employment on the results of a medical
examination provided such examination is conducted consistent with the requirements of
Title 42 U.S.C. § 12112(d)(3) and (4). DUring this post-offer period Bender may make such
inquiries as are allowed by law and are necessary to determine whether or not the conditional employee, with or without accommodation, is qualified to perform the essential functions of the job sought. If, as a result of this medical examination, Bender concludes that any hearing impaired individual might present a direct threat of harm to himself or others, Bender shall follow the procedure set forth below, paragraphs (4)(a), (b), (c), (d), (e) and (f), for assessing the existence of the direct threat defense. Should Bender conclude, after following said procedure, that the conditional employee presents a direct threat to the health or safety of himself or others in the workplace, it may, at that time, withdraw its conditional offer of employment, provided, however, that this procedure shall not be a bar to the ability of any unsuccessful applicant or candidate to challenge Bender'S actions as unlawful under the Americans With Disabilities Act or any other applicable law or statute.
5

(4) EQUAL OPPORTUNITY IN EMPLOYMENT. So as to insure equal opportunity in employment, Bender shall provide, as
necessary, an effective means of communication among each substantially hearing impaired welder and other employees, supervisors and managers. Bender will also provide qualified interpreters, aides or assistants, as needed, whenever employee meetings are scheduled, such as meetings where benefits are discussed.
Should Bender conclude that any particular assignment of a hearing impaired welder presents a direct threat of harm to the welder or others, the following procedure shall be followed:
(a) Bender shall notify the affected welder of the specific risk posed by the welder.
(b) Bender shall explain to the affected welder the nature and the severity of the potential harm, the likelihood that such harm will occur, the imminence of the potential harm, and the duration of the risk presented by the particular assignment at issue. The determination by Bender that the risk factors exist must be based on objective, factual evidence and not on subjective perceptions, irrational fears, patronizing attitudes or stereotypes about the nature or effect of a hearing impairment. This objective, factual evidence shall be shared with the affected welder.
(c) Bender shall then perform an individualized assessment of the affected welder to determine whether or not that particular welder is presently able to safely perform the essential functions of that particular assignment. As part of this assessment, Bender and the affected welder shall discuss whether the potential harm can be reduced or eliminated by
6

reasonable accommodation. Reasonable accommodation at this stage includes, but is not limited to, the transfer or re-assignment of the affected welder to an alternative work station.
(d) Each of the above steps outlined above shall be memorialized in writing and signed by both the affected welder and a representative of Bender.
(e) This procedure shall be modified, as necessary, to comply with the requirements of the law.
(f) This procedure shall not be a bar to the ability of any employee to challenge Bender's actions as unlawful under the Americans with Disabilities Act or any other applicable law or statute.
F. Bender will immediately post the Notice attached hereto as Exhibit "A" ina prominent and conspicuous place, visible to all employees, at its Mobile, Alabama facility for a period of two years.
G. Bender will submit annual reports to the EEOC for a period of two years following the execution of this Settlement Agreement. The first report shall be due twelve months after the execution of this Settlement Agreement. Each report shall include copies of all documents related to the application and employment decisions made pursuant to Paragraph E above. Bender shall also identify in each report the name of each hearing impaired welder who applied for employment during the previous six months and the results of that person's application. If a job offer was not extended to the hearing impaired applicant or a conditional offer was withdrawn, Bender shall provide an explanation as to why that person was not hired.
7

Each report shall be mailed to the attention of Pamela K. Agee, Equal Employment
Opportunity Commission, Ridge Park Place, 1130 22"d Street South, Suite 2000, Birmingham, AL 35205 within ten (10) work days after the end of the reporting period.
Upon the receipt of each of these reports, the EEOC shall have 30 calendar days in which to analyze and, if necessary, investigate the employment decisions described therein. Said analysis may require the EEOC to inspect additional documents and Bender will cooperate with the EEOC in its request for such information. If, before the end of the 30 day analysis period, the EEOC has any reservations about Bender's compliance with this Decree, it shall notify Bender in writing and specify the nature of its concern. The parties thereafter shall have a period of 30 days to attempt to resolve the dispute concerning compliance. If the parties are unable to resolve their dispute, either party may submit the dispute to this Court pursuant to Paragraph C above, for resolution.
H. Within six months of the execution of this Settlement Agreement, Bender shall train all individuals who are involved in the hiring, supervision, and management of welders. The trainees will be instructed regarding the requirements of the Americans with Disabilities Act, including the hiring of disabled persons, providing appropriate accommodations, and determining essential functions. The training shall also instruct the trainees in the concept of direct threat as applied to the ADA. The instruction shall cover what constitutes a direct threat, what steps must be taken to establish that an individual constitutes a direct threat, the steps which must be taken to reduce the presence of such a threat, and what actions are appropriate if a person is determined to be a direct threat. Particular attention shall be paid to the pre-employment consideration and post-employment rights of individuals with hearing impairments.
8

Bender shall submit training materials to the EEOC for review thirty (30) calendar days before the scheduled training. The EEOC shall have five (5) work days in which to comment on the materials and, if necessary, suggest modifications, additions, or deletions. Bender shall require all individuals who attend this training to sign an attendance sheet. Copies of such sheets shall be included in the periodic reports submitted to the EEOC.
I. In exchange for a full release signed by Bobbie C. Tate of any and all claims asserted in EEOC Charge No. 130-99-0557 and in this lawsuit, Bender will pay the Charging Party, Bobbie C. Tate, $10,000.00. Payment of this amount is to be made by check, payable to Bobbie C. Tate, and forwarded to him by certified mail within ten (10) work days of the receipt by Bender of the signed Release. A copy of the check evidencing payment to Mr. Tate will be mailed to Pamela K. Agee, Senior Trial Attorney, EEOC, Ridge Park Place, 1130 22"d Street South, Suite 2000, Birmingham, AL 35205, on the same day that said check is mailed to Mr. Tate.
J. Bender shall not retaliate in any manner against Bobbie C. Tate or any person who participated in this lawsuit or in the investigation of EEOC Charge No. 130-99-0577.
K. If the terms and conditions of this Decree are violated or breached, the parties may petition the Court for further Orders, adjudication and relief in this matter.
L. Each Party shall bear its own costs and attorney fees.
9

AGREED TO THIS 11 day of IVo ".e...t-~ L/ ,2002.

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Nicholas Inzeo Acting Deputy General Counsel Equal Employment Opportunity Commission 1801 "L" Street, Northwest Washington, D.C. 20507

BENDER SHIPBUILDING & REPAIR CO., INC. "
lLt2~ c~w

WILLIAM C. TIDWELL, III

.....

HAND ARENDALL L.L.C.

107 St Francis Street, Suite 2600

Post Office Box 123

Mobile, AL 36601

Telephone (251) 432-5511

PAMELA K. AGEE
Senior Trial Attorney EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Birmingham District Office Ridge Park Place, 1130 22nd Street, S Birmingham, AL 35205 Telephone: (205) 731-1299

10

· .
RELEASE I, Bobbie C. Tate, for and in consideration of both the entry of the Settlement Agreement in the case of EEOC v. Bender Shipbuilding & Repair Co.. Inc., Civil Action No. 01-0358-P-S (S. D. Alabama) and the payment by Bender Shipbuilding to me of the gross sum of $10,000.00 compensatory damages, agree to the following: I, Bobbie C. Tate, hereby release and forever discharge Bender Shipbuilding, its agents, directors, officer, and successors, from any and all Americans With Disabilities claims asserted by me in EEOC Charge Number 130-99-0577, or on my behalf, by the Equal Employment Opportunity Commission in Civil Action 01-0358-P-S (S.D. Alabama). I understand that Bender Shipbuilding has not admitted liability to me or to anyone else by the entry of the Consent Decree or the payment recited herein. This document and the Settlement Agreement reached in this lawsuit recite the full and complete terms of this agreed Release given by myself, Bobbie C. Tate, to Bender Shipbuilding.
BOBBIE C. TATE Sworn and subscribed before me this ____ day of _______, 2002.
NOTARY PUBLIC
11

·. , .
NOTICE
AS REQUIRED UNDER THE AMERICANS WITH DISABILITIES ACT OF 1990
On May 17, 2001, the Equal Employment Opportunity Commission ("EEOC") filed suit in the United States District Court for the Southern District of Alabama against Bender Shipbuilding and Repair Co., Inc. ("Bender"). The EEOC's Complaint alleged that Bender had discriminated against Bobbie C. Tate, a deaf applicant for a welder position, in violation of the Americans With Disabilities Act ("ADA"), by refusing to hire him because of his disability, deafness, and by maintaining a job qualification standard, test or screening criteria for the position of welder which screens out qualified individuals with disabilities and which is not job related nor consistent with business necessity. Bender admitted that it maintained a practice or policy of refusing to hire as welders individuals who are deaf, but contended that this practice or policy was not a violation of the ADA.
The parties have resolved this controversy through the execution of a Settlement Agreement. Pursuant to the terms of this Settlement Agreement, Bender has agreed to abolish its policy of refusing to employ deaf individuals as welders. In its place Bender has adopted a new policy by which individuals who are substantially limited in the major life activity of hearing will be accorded full consideration for employment as welders and, when appropriate, Bender will determine whether, with or without reasonable accommodation, the applicant is qualified to perform the essential functions of a welder without constituting a direct threat to the health and safety of himself or others in the work place. This new policy includes the provision of reasonable accommodations to those individuals who need assistance in the performance of their jobs as welders. The EEOC and Bender have also agreed to a procedure which is to be followed on those few occasions when the inability to hear presents a significant risk of substantial harm to the welder or others.
Bender Shipbuilding & Repair Co., Inc. recognizes that Federal law requires that there
be no discrimination against any employee or applicant for employment, because of such person's disability. Bender supports and will comply with such federal laws in all respects and will not discriminate against any employee because of the person's disability. Further, Bender agrees not to retaliate in any manner against any individual who opposes or assists one in opposing disability discrimination in hiring, job assignment and layoff.
EXHIBIT A
12

 
 IN THE UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF ALABAMA

SOUTHERN DIVISION

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

FILE!) HOV 26 '02 A~1 9 fJ7 USDCPU3
] ] ]

Plaintiff,

] Civil Action No. 01-0358-P-S

]

]

vs.

]

]

]

BENDER SHIPBUILDING & REPAIR CO, INC.]

]

Defendant.

]

]

ORDER OF DISMISSAL

The Court hereby Orders this Cause be dismissed with prejudice. This Order of Dismissal is entered pursuant to Fed. R. Civ. P. 41 (a)(2). The Court has examined the Settlement Agreement between the EEOC and Bender and approves its terms and conditions and directs that the Settlement Agreement be effectuated in accordance with its terms.

Without affecting the finality of this Order in any way, this Court hereby retains continuing jurisdiction over (a) implementation and administration of the Settlement Agreement; (b) each and every act agreed to be performed by the parties in the Settlement Agreement. See, Kokkonen v. Guardian Life Insurance Co., Of America, 511 U.S. 375, 114 S.Ct. 1673 (1994); In re T2 Medical, Inc. Shareholder Litigation, et. al. v. Allegra, T2 Medical, Inc., et. al. 130 F.3d 990 (11 th Cir. 1997).

The Court will retain such jurisdiction for two years from the entry of this Order.

J~hu So ordered:

0)6--- ,2002

UNITED STATES DISTRICT JUDGE

 
 ALS District Version 3.0 Live - Docket Report

https://ecf.alsd.uscourts.gov/cgi-bin/DktRpt.pl?978957859805709-L_3...

CLOSED2002, JURY, OPTOUT, PRETRIED
U.S. District Court Southern District of Alabama (Mobile) CIVIL DOCKET FOR CASE #: 1:01-cv-00358-P-S

EEOC v. Bender Shipbuilding Assigned to: Senior Judge Virgil Pittman Referred to: Magistrate Judge William H. Steele (MJ) Demand: $0 Cause: Disability Act of 1990

Date Filed: 05/17/2001 Date Terminated: 11/26/2002 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

Plaintiff EEOC

represented by Charles Guerrier Equal Employment Opportunity Commission 1130 22nd St. S., Ste. 2000 Birmingham, AL 35205-2881 205-212-2044 Email: charles.guerrier@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Eunice H. Morrow Equal Employment Opportunity Commission 1130 22nd St. S., Ste. 2000 Birmingham, AL 35205-2881 205-731-0628 Fax: 2057312101 Email: eunice.morrow@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Gwendolyn Young Ream EEO Commission 1801 L Street N. W. Washington, DC 20507 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Jill Lolley Vincent Equal Employment Opportunity Commission 1130 22nd St. S., Ste. 2000 Birmingham, AL 35205-2881 205-731-0628 Fax: 2057312101 TERMINATED: 12/05/2001

1 of 7

3/21/2007 4:55 PM

ALS District Version 3.0 Live - Docket Report
V. Defendant Bender Shipbuilding & Repair Co., Inc.
V. Mediator K.W. Michael Chambers TERMINATED: 07/01/2002

https://ecf.alsd.uscourts.gov/cgi-bin/DktRpt.pl?978957859805709-L_3...
LEAD ATTORNEY ATTORNEY TO BE NOTICED
Pamela K. Agee Equal Employment Opportunity Commission 1130 22nd St. S., Ste. 2000 Birmingham, AL 35205-2881 205-731-0628 Email: pamela.agee@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by William C. Tidwell, III Hand Arendall, L.L.C. P. O. Box 123 Mobile, AL 36601 (334) 432-5511 Fax: 2516946375 Email: btidwell@handarendall.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Lisa Michelle Darnley Cooper Hand Arendall, L.L.C. P. O. Box 123 Mobile, AL 36601 (334) 432-5511 Fax: 2516946375 Email: ldcooper@handarendall.com ATTORNEY TO BE NOTICED
represented by K.W. Michael Chambers Cabaniss, Johnston, Gardner, Dumas & O'Neal P.O. Box 2906 Mobile, AL 36652 251-415-7300 Email: kwmc@cabaniss.com TERMINATED: 07/01/2002 LEAD ATTORNEY ATTORNEY TO BE NOTICED

2 of 7

3/21/2007 4:55 PM

ALS District Version 3.0 Live - Docket Report

https://ecf.alsd.uscourts.gov/cgi-bin/DktRpt.pl?978957859805709-L_3...

Date Filed 05/17/2001 05/30/2001 07/18/2001
09/14/2001 09/17/2001 09/19/2001 09/24/2001
09/25/2001 09/27/2001 09/27/2001
11/13/2001 11/14/2001 11/14/2001 11/14/2001 12/03/2001 12/05/2001
12/26/2001 01/07/2002

#

Docket Text

1 COMPLAINT filed; FILING FEE $ waived (clr) (Entered: 05/18/2001)
2 Notice of Assignment to Mag. Judge Bert W. Milling Jr. for trial. Copies mailed 5/30/01 (clr) (Entered: 05/30/2001)
3 REQUEST FOR WAIVER of Service as to Bender Shipbuilding mailed 7/16/01 ; Answer deadline projected for 9/14/01 for Bender Shipbuilding ; Waiver of Service due by 8/15/01 for Bender Shipbuilding (clr) (Entered: 07/23/2001)
4 ANSWER to Complaint by Bender Shipbuilding (Attorney William C. Tidwell III, Lisa Michelle Darnley Cooper), (clr) (Entered: 09/17/2001)
Local Rule 3.4 and Disclosure Form mailed. Disclosure Statement due 9/26/01 for Bender Shipbuilding (clr) (Entered: 09/17/2001)
6 Disclosure Statement filed by Bender Shipbuilding ; (mca) (Entered: 09/27/2001)
5 ORDER entered that pursuant to the provisions of 28 U.S.C. section 455, the undersigned Magistrate Judge hereby recuses himself from this action ( signed by Mag. Judge Bert W. Milling Jr. 9/24/01) Copies mailed/sfaxed 9/25/01 (clr) (Entered: 09/25/2001)
CASE reassigned to Mag. Judge William H. Steele (clr) (Entered: 09/25/2001)
7 Notice of Assignment to Mag. Judge William H. Steele for trial. (mca) (Entered: 09/27/2001)
8 PRELIMINARY SCHEDULING ORDER entered by Mag. Judge William H. Steele; Report of Parties Planning Meeting due 11/13/01; Consent to Magistrate due 11/13/01 (mca) (Entered: 09/27/2001)
9 REPORT of Planning Meeting filed by parties; referred to M/J Steele 11/14/01 (mbp) (Entered: 11/14/2001)
CASE reassigned to Senior Judge Virgil Pittman (mbp) (Entered: 11/14/2001)
CASE ASSIGNED to Mag. Judge William H. Steele (mbp) (Entered: 11/14/2001)
10 Order on Rule 16 entered; Rule 16 Conference set for 11:00 1/7/02; copies to counsel (srr) (Entered: 11/14/2001)
11 MOTION by EEOC for Jill Lolley Vincent to Withdraw as Attorney ; ref to J/Pittman (srr) (Entered: 12/04/2001)
12 NOTICE entered, endorsed granting [11-1] motion for Jill Lolley Vincent to Withdraw as Attorney (Terminated attorney Jill Lolley Vincent for EEOC ( signed by Senior Judge Virgil Pittman ) copies to counsel (srr) (Entered: 12/06/2001)
13 REPORT of Planning Meeting filed by parties. (mab) (Entered: 12/27/2001)
Scheduling conference held 1/7/02; Pamela Agee (phone) & William Tidwell present (srr) (Entered: 01/07/2002)

3 of 7

3/21/2007 4:55 PM

ALS District Version 3.0 Live - Docket Report

https://ecf.alsd.uscourts.gov/cgi-bin/DktRpt.pl?978957859805709-L_3...

01/08/2002
01/08/2002 01/28/2002 04/01/2002 04/01/2002 04/16/2002 04/26/2002 04/30/2002 05/30/2002 06/03/2002
06/04/2002 06/05/2002 06/05/2002 06/12/2002 06/14/2002 06/17/2002

14 DISCOVERY ORDER Discovery Deadline set at 7/1/02 ; Witness List Due 7/15/02 ; Motion filing deadline is 7/15/02 ; Expert Witness List due 4/15/02 ( signed by Senior Judge Virgil Pittman ) copies to counsel (srr) (Entered: 01/08/2002)
15 ORDER engaging parties in ADR/ Mediation as further set out. Selection of Mediator deadline set to 1/28/02 - Mediation conf deadline set to 5/1/02 ( signed by Senior Judge Virgil Pittman ) copies to counsel (srr) (Entered: 01/08/2002)
16 Designation of Mediator filed by parties. K.W. Michael Chambers named as Mediator. ADR order mailed to mediator. (srr) (Entered: 01/29/2002)
17 Expert Witness list (naming Martha L. Lehman) by EEOC (srr) (Entered: 04/01/2002)
18 Position regarding Settlement filed by plaintiff EEOC, defendant Bender Shipbuilding (srr) (Entered: 04/02/2002)
19 Qualifications of Expert Witnesses (David Alexander & John Bacot) by Bender Shipbuilding (srr) (Entered: 04/17/2002)
20 JOINT MOTION to Extend Time to file expert disclosures ; ref to J/Pittman (srr) (Entered: 04/26/2002)
21 NOTICE entered, endorsed GRANTING [20-1] joint motion to Extend Time to file expert disclosures ( signed by Senior Judge Virgil Pittman ); copies to parties 5/1/02 (jlr) (Entered: 05/01/2002)
22 Qualifications of Expert Witnesses (Martha Lehman) by EEOC (srr) (Entered: 05/30/2002)
23 ORDER, setting Response to Order Deadline re: [23-1] order to 6/28/02 for Bender Shipbuilding, for EEOC to inform court regarding efforts to pursue mediation & their current positions on settlement ( signed by Senior Judge Virgil Pittman ) copies to counsel (srr) (Entered: 06/03/2002)
24 MOTION by EEOC to shorten time for response to pla's 1st interrogs ; ref to J/Steele (srr) (Entered: 06/04/2002)
25 Pre-trial conference set at 10:30 7/23/02 before Senior Judge Virgil Pittman; copies to counsel w/prel pto (srr) (Entered: 06/05/2002)
26 ORDER, Response to Motion set to 6/14/02 for [24-1] motion to shorten time for response to pla's 1st interrogs ( signed by Mag. Judge William H. Steele ) copies to counsel (srr) (Entered: 06/06/2002)
27 RESPONSE by Bender Shipbuilding to [26-1] order dated 6/5/02; ref to J/Steele (srr) (Entered: 06/13/2002)
28 Position regarding Settlement filed by plaintiff EEOC, defendant Bender Shipbuilding; mediation has not been held; ptys will provide court addl info by 6/28/02 (srr) (Entered: 06/17/2002)
29 ORDER granting [24-1] motion to shorten time for response to pla's 1st interrogs ( signed by Mag. Judge William H. Steele ) copies to counsel (srr) (Entered: 06/18/2002)

4 of 7

3/21/2007 4:55 PM

ALS District Version 3.0 Live - Docket Report

https://ecf.alsd.uscourts.gov/cgi-bin/DktRpt.pl?978957859805709-L_3...

06/28/2002
07/01/2002
07/10/2002 07/10/2002 07/10/2002 07/10/2002 07/10/2002 07/12/2002
07/15/2002 07/15/2002 07/16/2002 07/23/2002
07/23/2002
07/23/2002 07/24/2002
07/26/2002 07/29/2002

30 MOTION by Bender Shipbuilding for an order that no mandatory mediation need be pursued w/o further order from the court ; ref to J/Pittman (srr) (Entered: 07/01/2002)
31 NOTICE entered, endorsed granting [30-1] motion that no mandatory mediation need be pursued w/o further order from the court ( signed by Senior Judge Virgil Pittman ) copies to counsel (srr) (Entered: 07/01/2002)
32 Exhibit list by Bender Shipbuilding (srr) (Entered: 07/11/2002)
33 Witness list by Bender Shipbuilding (srr) (Entered: 07/11/2002)
34 MOTION by Bender Shipbuilding for Partial Summary Judgment ; ref to J/Pittman (srr) (Entered: 07/11/2002)
35 MEMORANDUM by Bender Shipbuilding in support of [34-1] motion for Partial Summary Judgment; ref to J/Pittman (srr) (Entered: 07/11/2002)
PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW by Bender Shipbuilding (srr) (Entered: 07/11/2002)
36 ORDER, Response to Motion set to 8/12/02 for [34-1] motion for Partial Summary Judgment ( signed by Senior Judge Virgil Pittman ) copies to counsel (srr) (Entered: 07/12/2002)
37 Exhibit list by EEOC (srr) (Entered: 07/16/2002)
38 Witness list by EEOC (srr) (Entered: 07/16/2002)
39 Joint pre-trial document filed by EEOC, Bender Shipbuilding ; ETT: 3 days; ref to J/Pittman (srr) (Entered: 07/17/2002)
Pre-trial conference held 7/23/02 bfr J/Pittman; Pamela Agee & William Tidwell participated; settlement conf set 9/5/02 at 10:15 am bfr J/Pittman (srr) (Entered: 07/23/2002)
40 PRETRIAL ORDER entered., set Jury Selection for 9:30 10/1/02 , set Jury Trial for 9:30 10/1/02 before Senior Judge Virgil Pittman , ETT 3 days; set Status Conference for 10:30 9/24/02 , set Settlement Conference for 9/5/02 10:15 am ; ptys may amd pretrial response by 7/29/02; pla may amd witness list by 7/26/02 w/objs due 8/9/02 ( signed by Senior Judge Virgil Pittman ) copies to counsel (srr) (Entered: 07/23/2002)
Deadline updated; Settlement Conference for 10:15 9/5/02 (srr) (Entered: 07/23/2002)
41 AMENDED ORDER ON PRETRIAL CONFERENCE, set Status Conference for 10:30 9/24/02 , set Jury Selection for 9:30 10/1/02 ; all other aspects of this court's order on pretrial conf dated 7/23/02 remain in effect ( signed by Senior Judge Virgil Pittman ) copies to counsel (srr) (Entered: 07/25/2002)
42 Supplemental [38-1] witness list filed by EEOC (srr) (Entered: 07/26/2002)
43 OBJECTION by Bender Shipbuilding to [37-1] exhibits list (srr) (Entered: 07/30/2002)

5 of 7

3/21/2007 4:55 PM

ALS District Version 3.0 Live - Docket Report

https://ecf.alsd.uscourts.gov/cgi-bin/DktRpt.pl?978957859805709-L_3...

07/29/2002 08/08/2002 08/12/2002
08/19/2002 08/19/2002 08/19/2002 08/20/2002
08/23/2002 08/23/2002 08/23/2002 08/30/2002 09/03/2002 09/03/2002
09/03/2002 09/05/2002
09/05/2002
09/30/2002
11/07/2002

44 MOTION by Bender Shipbuilding to use supplemental exhibits ; ref to J/Pittman (srr) (Entered: 07/30/2002)
45 OBJECTION by EEOC to [28-1] exhibit list (jlr) (Entered: 08/08/2002)
46 MEMORANDUM by EEOC in opposition to [34-1] motion for Partial Summary Judgment; Exhibits 1-16 are in RED FILE FOLDER; ref to J/Pittman (tgw) (Entered: 08/14/2002)
47 ORDER granting [44-1] motion to use supplemental exhibits ( signed by Senior Judge Virgil Pittman 8/16/02) copies to counsel (srr) (Entered: 08/19/2002)
48 MOTION by Bender Shipbuilding for Leave to File reply brief in support of sum jgm ; ref to J/Pittman (srr) (Entered: 08/20/2002)
49 REPLY by Bender Shipbuilding to response to [34-1] motion for Partial Summary Judgment (srr) (Entered: 08/20/2002)
50 NOTICE entered, endorsed granting [48-1] motion for Leave to File reply brief in support of sum jgm ( signed by Senior Judge Virgil Pittman ) copies to counsel (srr) (Entered: 08/20/2002)
51 Letter head filed by EEOC (srr) (Entered: 08/23/2002)
52 Qualifications of Expert Witnesses by EEOC (srr) (Entered: 08/23/2002)
53 NOTICE of Hearing: set Settlement Conference for 10:15 9/5/02 bfr Judge Pittman in chambers; copies to counsel (srr) (Entered: 08/23/2002)
54 MOTION by EEOC for Leave to File response to dft's reply brief in re: sum jgm ; ref to J/Pittman (srr) (Entered: 08/30/2002)
55 NOTICE of attorney appearance for EEOC by Eunice H. Morrow (srr) (Entered: 09/03/2002)
56 NOTICE entered, endorsed granting [54-1] motion for Leave to File response to dft's reply brief in re: sum jgm ( signed by Senior Judge Virgil Pittman ) copies to counsel (srr) (Entered: 09/03/2002)
57 RESPONSE by EEOC to [49-1] dfts reply to partial sum jgm; ref to J/Pittman (srr) (Entered: 09/03/2002)
Settlement conference held 9/5/02 bfr J/Pittman; Pamela Agee & Charles Guerrier present for pla; William Tidwell present for dft; responses re settlement due 9/27/02 (srr) (Entered: 09/05/2002)
58 NOTICE of Hearing: reset Jury Selection for 9:30 12/3/02 , reset Jury Trial for 9:30 12/3/02 before Senior Judge Virgil Pittman ; copies to counsel (srr) (Entered: 09/05/2002)
59 NOTICE entered, endorsed [34-1] motion for Partial Summary Judgment carried to trial ( signed by Senior Judge Virgil Pittman ) copies to counsel (srr) (Entered: 09/30/2002)
60 PRETRIAL ORDER entered., set Status Conference for 10:30 11/26/02 , set Jury Selection for 9:00 12/3/02 ; ETT 3 days ( signed by Senior Judge Virgil Pittman ) copies to counsel (srr) (Entered: 11/07/2002)

6 of 7

3/21/2007 4:55 PM

ALS District Version 3.0 Live - Docket Report

https://ecf.alsd.uscourts.gov/cgi-bin/DktRpt.pl?978957859805709-L_3...

11/07/2002 11/07/2002
11/07/2002 11/19/2002 11/26/2002
11/26/2002

61 NOTICE of Hearing: set Jury Trial for 9:30 12/9/02 before Senior Judge Virgil Pittman copies to counsel (srr) (Entered: 11/07/2002)
62 ORDER, setting Response to Order Deadline re: [62-1] order to 11/22/02 for Bender Shipbuilding, for EEOC to file a joint statement setting out the name of the qualified interpreter (complainant Bobby Tate is hearing impaired) selected to be present for jury selection & trial & state which pty will bear the cost of the interpreter's services ( signed by Senior Judge Virgil Pittman ) copies to counsel (srr) (Entered: 11/07/2002)
Mailed Consent to proceed bfr Mag. Judge for jury selection (mailed to Ms. Agee w/note to forward to Mr. Tidwell) (srr) (Entered: 11/07/2002)
63 Settlement Agreement filed by EEOC, Bender Shipbuilding; ref to J/Pittman (srr) (Entered: 11/26/2002)
64 ORDER pursuant to [63-1] settlement agreement, the court approves the terms & conditions & directs the settlement agreement be effectuated in accordance with its terms; this action is dismissed w/prej; court will retain jurisdiction for 2 yrs from entry of this order ( signed by Senior Judge Virgil Pittman ) copies to counsel (srr) (Entered: 11/26/2002)
Case closed (srr) (Entered: 11/26/2002)

PACER Service Center

Transaction Receipt

03/21/2007 16:57:19

PACER Login:

hs0328

Client Code:

Description:

Docket Report

Search Criteria:

Billable Pages: 4

Cost:

nniles 1:01-cv-00358-P-S 0.32

7 of 7

3/21/2007 4:55 PM