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

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EQUAL EMPLOYMENT OPPORTUNITY

COMMISSION,

Plaintiff,

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v.

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ALLIED FEED, INC.

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Defendant

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Civil Action No.
COMPLAINT AND JURY TRIAL DEMAND
v -oo-1II

NATURE OF ACTION
This is an action under Title VII ofthe Civil Rights Act of 1964, as amended, and Title I of the Civil Rights Act of 1991, to correct unlawful employment practices on the basis of national origin, Hispanic, and retaliation. This action is also being brought to provide appropriate relief to Joe J. Juarez and other similarly situated individuals, who were adversely affected by such practices. The Commission alleges that Joe J. Juarez and other similarly situated individuals were subjected to a hostile work environment on the basis oftheir national origin, Hispanic, in violation ofSection 703(a) of Title VII. The Commission further alleges that Joe J. Juarez was discharged in violation of Section 704(a) ofTitle VII in retaliation for complaining about the harassment.
JURISDICTION AND VENUE
1. Jurisdiction ofthis Court is invoked pursuant to 28 U.S.C. §§451, 1331, 1337, 1343 and 1345. This action is authorized and instituted pursuant to Sections 706(f)(l) and (3) ofTitle 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 and are now being committed

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within the jurisdiction of the United States District Court for the Western District of Texas, San
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Antonio 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

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enforcement of Title Vll, and is expressly authorized to bring this action by Sections 706(f)(l) and

(3) ofTitle Vll, 42 U.S.C. §2000e-5(f)(l) and (3).

4. At all relevant times, Defendant, Allied Feed, Inc., ("Allied Feed"), has continuously

been a Texas corporation doing business in the State of Texas and the City of Cuero, and has

continuously had at least fifteen employees.

5. At all relevant times, Defendant Allied Feed has continuously been an employer

engaged in an industry affecting commerce within the meaning of Sections 701(b), (g) and (h) of

Title Vll, 42 U.S.C. §§2000e(b), (g) and (h).

STATEMENT OF CLAIMS

6. More than thirty days prior to the institution of this lawsuit, Joe J. Juarez filed a

charge with the Commission alleging violations of Title Vll by Defendant Allied Feed. All

conditions precedent to the institution of this lawsuit have been fulfilled.

7. Since at least 1997, Defendant Allied Feed has engaged in unlawful employment

practices at its Cuero, Texas, facility, in violation ofSection 703(a) of Title Vll, 42 U.S.C. § 2000e-

2(a) by subjecting Joe J. Juarez and other similarly situated individuals to a hostile work

environment on the basis of their national origin, Hispanic.

8. Since at least 1997, Defendant Allied Feed engaged in unlawful employment

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practices at its Cuero, Texas facility, in violation of Section 704(a) ofTitle Vll, 42 U.S.C. § 2000e-
3(a) by discharging Joe J. Juarez for engaging in statutorily protected activity when he opposed conduct he believed to be an unlawful employment practice.
9. The effect of the practices complained of in paragraphs 7 and 8 above has been to deprive Joe J. Juarez and other similarly situated individuals of equal employment opportunities and otherwise adversely affect their status as employees because of their national origin, Hispanic .
10. The unlawful employment practices complained ofin paragraphs 7 and 8 above were and are intentional.
11. The unlawful employment practices complained ofin paragraphs 7 and 8 above were and are done with malice or with reckless indifference to the federally protected rights of Joe J. Juarez and other similarly situated individuals.
PRAYER FOR RELIEF Wherefore, the Commission respectfully requests that this Court: A. Grant a permanent injunction enjoining Defendant Allied Feed, its officers, successors, assigns, and all persons in active concert or participation with it, from engaging in any employment practice which discriminates on the basis of national origin or retaliation. B. Order Defendant Allied Feed to institute and carry out policies, practices, and programs which provide equal employment opportunities and a non-hostile work environment for Hispanics and which eradicate the effects of its past and present unlawful employment practices. C. Order Defendant Allied Feed to make whole Joe J. Juarez and other similarly situated individuals who were adversely affected by the unlawful employment practices described above, by
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providing appropriate backpay with prejudgment interest, in amounts to be determined at trial, and
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other affirmative relief necessary to eradicate the effect of its unlawful employment practices, including, but not limited to reinstatement of or front pay in lieu thereof for Joe J. Juarez and other similarly situated individuals..
D. Order Defendant Allied Feed to make whole Joe J. Juarez and other similarly situated individuals who were adversely affected by the unlawful employment practices described above, by providing compensation for past and future pecuniary losses resulting from the unlawful employment practices described in paragraphs 7 and 8 above, including, but not limited to, medical and/or insurance expenses and job search expenses, in amounts to be determined at trial.
E. Order Defendant Allied Feed to make whole Joe J. Juarez and other similarly situated individuals by providing compensation for past and future nonpecuniary losses resulting from the unlawful practice complained of in paragraphs 7 and 8 above, including, but not limited to, emotional pain, suffering, inconvenience, loss of enjoyment oflife, and humiliation, in amounts to be determined at trial.
F. Order Defendant Allied Feed to pay Joe J. Juarez and other similarly situated individuals punitive damages for its malicious and reckless conduct as described in paragraphs 7, 8, 9,10 and 11 above, in amounts 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 of this action. JURY TRIAL DEMAND
The Commission requests a jury trial on all questions of fact raised by its complaint.
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Respectfully submitted,

C. GREGORY STEWART General Counsel
GWENDOLYN YOUNG REAMS Associate General Counsel

ROBERT B. HARWIN Regional Attorney State Bar No. 076083 (District of Columbia)
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Supervisory Attorney Texas State Bar No. 0864/2c..750
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CONNIELIEM Trial Attorney Texas State Bar No. 00791113
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION San Antonio District Office 5410 Fredericksburg Rd., Ste. 200 San Antonio, TX 78229-3555 (210) 281-7629 (210) 281-7669 FAX
ATTORNEYS FOR PLAINTIFF

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IN THE UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF TEXAS

VICTORIA DIVISION

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EQUAL EMPLOYMENT OPPORTUNITY

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COMMISSION,

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Plaintiff,

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§ Civil Action No. V-OO-Ill

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ALLIED FEED, INC.,

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NOV 1 9 2001

Defendant.

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Clerk of Court

SETTLEMENT AGREEMENT

The parties to this Settlement Agreement are the Plaintiff. United States Equal Employment

Opportunity Commission ("EEOC"). and Defendant. Allied Feed. Inc. ("Allied Feed"). This

Settlement Agreement resolves the above-referenced Civil Action No. V-00-11. The EEOC initiated

this lawsuit under Title Vll ofthe Civil Rights Act of 1964, as amended, 42 U.S.C. §2000e, ~ seq. ("Title Vll") and Title I of the Civil Rights Act of 1991, 42 V.S.c. § 1981 a, to correct alleged -

unlawful employment practices on the basis of national origin, Hispanic, and retaliation and to

provide appropriate relief to Joe J. Juarez and other similarly situated individuals, who the EEOC

maintains were adversely affected by these alleged practices. The EEOC alleges that Joe J. Juarez

and other similarly situated individuals were subjected to a hostile work environment on the basis

oftheir national origin. Hispanic. Allied Feed, Inc. denies the allegations brought by the EEOC as

alleged in the Complaint filed in this Civil Action.

This Settlement Agreement is not an admission ofliability by Allied Feed. The EEOC and

Allied Feed wish to settle this action, without the necessity offurther litigation, pursuant to the tel InS

delineated in this Settlement Agreement.

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1. This Court has jurisdiction ofthe subj ecl matter ofthis action and the parties, venue is proper, and all administrative prerequisites to the filing of this action have been met.
2. This Settlement Agreement resolves those claims against Allied Feed raised in Mr. Juarez's charge and EEOC's Complaint in this case. EEOC expressly reserves its right to process and litigate any other charges which may now be pending or may in the future be filed against Defendant Allied Feed.
3. Defendant Allied Feed shall treat any past, present, or future employee in a manner required by Title VII, and shall not take any reprisal action against Joe J. Juarez, ArmaMdo Guerrero or any other past, present, or future employee, for opposing any employment practices made unlawful by Title VII.
4. Defendant Allied Feed shall post a notice regarding its practices, policies, and intent not to discriminate against any employee in violation ofTitle VII. Such notice shall be as set forth in Exhibit A, which is attached to this Settlement Agreement. A copy of Exhibit A shall be posted
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at Defendant Allied Feed's Cuero, Texas, facility in the employee breakroom. The notices shall be posted within 10 days ofthe filing date ofthis Settlement Agreement and shall remain posted for the duration of the Settlement Agreement.
5. Defendant Allied Feed'shall within 10 days of the filing date of the Settlement Agreement, remove from Joe J. Juarez' and Armando Guerrero's personnel files any notations, remarks or other indications relating to Joe 1. Juarez' charge of discrimination and/or this civil action.
6. Defendant Allied Feed shall not mention the filing ofthis Complaint or Joe 1. Juarez' underlying charge to any prospective employers.
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7. Defendant Allied Feed, in settlement of this dispute, shall pay a sum total of

$8,000,00 (EIGHT THOUSAND DOLLARS AND NO CENTS) within 20 days of the Court

entering the Agreed Final Order. the monetary settlement shall be mailed directly to the following

individuals and allocated in the following manner:

(i). Joe J. Juarez P.O. Box 463 Cuero, Texas 77954

$7,000.00

(ii). Armando Guerrero

$1,000.00

P.O. Box 421

Cuero, Texas 77954

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

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

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

8. The tenns of this Settlement Agreement shall be binding upon the EEOC and

Defendant Allied Feed and its agents or assigns, as to the issues resolved herein.

9. The parties to this Settlement Agreement shall bear their own costs and attorneys'

fees incurred in this action. The parties agree that pursuant to Section 706(k) ofTitle VII, 42 U.S.C.

§2000e-5(k), there is no "prevailing party" in this'action or proceeding.

SO ORDERED this _dayof~

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JOHN D. 'J...,J.J

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J...,,-, STATES DISTRICT JUDGE

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Respectfully submitted,
GWENDOLYN YOUNG REAMS Associate General Counsel
ROBERT B. HARWIN Regional Attorney D.C. State Bar No. 076083
LINDA GUTIERREZ Supervisory Trial Attorney Texas State Bar No. 08642750

D.BROWN

Attorney-in-Charge for Defendant

Texas State Bar No. 24004564

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Southern District No. 24425

HOUSTON, MAREK & GR IFFIN, L.L.P.
120 S. Main, Suite 301 Victoria, Texas 77901 Telephone: (361) 573-5500 Telecopier: (361) 573-5040

ATTORNEYS FOR DEFENDANT

CONNIELIEM Attorney-in-Charge for Plaintiff Texas State Bar No. 00791113 Southern District No. 19686
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
San Antonio District Office 5410 Fredericksburg Road
Suite 200 San Antonio, Texas 78229-3555 Telephone: (210) 281-7629 Telecopier: (210) 281-7669
ATTORNEYS FORPLAINTWF

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EXHIBIT A

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NOTICE TO ALL EMPLOYEES
ALLIED FEED, INC. IS FIRMLY COMMITTED TO TREATING EMPLOYEES AND APPLICANTS FOR EMPLOYMENT ACCORDING TO MERIT WITHOUT REGARD TO THEIR
RACE, .R" E..LIGION, C,OLOR, NATIONAL ORIGIN, AGE, SEX, FOR HAVING ENGAGED IN
ACTrvIrY' PROTECTED BY TITLE VII OF THE CIVIL RIGHTS ACT OF 1964, AS AMENDED. THIS POLICY APPLIES TO ALL EMPLOYMENT DECISIONS, INCLUDING RECRUITMENT, RETENTION, PROMOTION, TRANSFER, LAYOFF ANDIOR TERMINATION, DEROGATORY COMMENTS AND ALL OTHER TERMS AND CONDITIONS OF EMPLOYMENT. SPECIFICALLY ALLIED FEED WILL NOT TOLERATE NATIONALORIGINHARASSMENT,ANDRETALIATIONFORHAVINGCOMPLAINEDOF THE HARASSMENT.
IF YOU BELIEVE YOU ARE BEING DISCRIMINATED AGAINST IN ANY TERM OR CONDITION OF YOUR EMPLOYMENT BECAUSE OF YOUR RACE, RELIGION, COLOR, NATIONAL ORIGIN, SEX, AGE, OR DISABILITY, SUBJECTED TO HARASSMENT BECAUSE OF YOUR NATIONAL ORIGIN, OR FOR HAVING OPPOSED OR COMPLAINED OF THE DISCRIMINATION, YOU ARE ENCOURAGED TO SEEK ASSISTANCE FROM SUPERVISORY PERSONNEL, OR FROM THE UNITED STATES EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, 5410 FREDERICKSBURG ROAD, SUITE 200, SAN ANTONIO, TEXAS 78229-3550, (210) 281-7600 OR 1-800-669-4000.
NO RETALIATORY ACTION MAY BE TAKEN AGAINST YOU FOR SEEKING ASSISTANCE, FILING A COMPLAINT/CHARGE, OR COMMUNICATING WITH THE UNITED STATES EQUAL EMPLOYMENT OPPORTUNITY COMMISSION.
EEOC ENFORCES TITLE VII OF THE CIVIL RIGHTS ACT OF 1964, WHICH PROHIBITS EMPLOYMENT DISCRIMINATION BASED ON RACE, COLOR, RELIGION, SEX OR NATIONAL ORIGIN; THE AGE DISCRIMINATION IN EMPLOYMENT ACT; THE EQUAL PAY ACT; PROHIBITIONS AGAINST DISCRIMINATION AFFECTING INDIVIDUALS WITH DISABILITIES; SECTIONS OF THE CIVIL RIGHTS ACT OF 1991, AND TITLE I OF THE AMERICANS WITH DISABILITIES ACT. WHICH PROHIBITS DISCRIMINATION AGAINST PEOPLE WffH DISABILITIES IN THE PRIVATE SECTOR AND STATE AND LOCAL GOVERNMENTS.

 
 DC CM/ECF LIVE- US District Court-Texas Southern - Docket Report

https://ecf.txsd.uscourts.gov/cgi-bin/DktRpt.pl?652901208900278-L_3...

U.S. District Court SOUTHERN DISTRICT OF TEXAS (Victoria) CIVIL DOCKET FOR CASE #: 6:00-cv-00111

CLOSED

Equal Employment v. Allied Feed, Inc Assigned to: Judge John D. Rainey Demand: $0 Case in other court: USDC, West Dist, S.A, 00-CV-1076 Cause: 42:2000 Job Discrimination (Race)

Date Filed: 11/21/2000 Date Terminated: 11/16/2001 Jury Demand: Both Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

Plaintiff
Equal Employment Opportunity Commission

represented by Connie Liem US Equal Emp Oppor Com 401 B Street Ste 510 San Diego, CA 92101 619-557-7284 Fax: 619-557-7274 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Linda Gutierrez EEOC 5410 Fredericksburg Rd Ste 200 San Antonio, TX 78229-3555 210-281-7637 Fax: 210-281-7669 fax LEAD ATTORNEY ATTORNEY TO BE NOTICED

V. Defendant Allied Feed, Inc

represented by Bobby D Brown Attorney at Law 104 Kelly Ste D Victoria, TX 77904 361-572-9944 Fax: 361-572-9955 Email: bob.brown@suddenlinkmail.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

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DC CM/ECF LIVE- US District Court-Texas Southern - Docket Report

https://ecf.txsd.uscourts.gov/cgi-bin/DktRpt.pl?652901208900278-L_3...

Date Filed 09/27/2000 09/27/2000 11/13/2000 11/16/2000 11/21/2000 11/22/2000 11/29/2000 11/29/2000 12/28/2000 01/08/2001 02/02/2001 03/05/2001 03/05/2001
03/23/2001 04/30/2001

#

Docket Text

1 COMPLAINT by Equal Employment filed; (fmremp) (Entered: 11/22/2000)
1 DEMAND for jury trial by Equal Employment , filed (fmremp) (Entered: 11/22/2000)
2 MOTION to transfer venue to Southern District of Texas, Victoria Division by Allied Feed, Inc Motion Docket Date , filed. (fmremp) (Entered: 11/22/2000)
3 ORDER granting [2-1] motion to transfer venue to Southern District of Texas, Victoria Division , entered; Parties notified. (Signed by Orlando L. Garcia, U.S. District Judge ) (fmremp) (Entered: 11/22/2000)
Original file, certified copy of transfer order and docket sheet received from Western District of Texas, San Antonio Division Original case # SA-00-CA-1076-OG (fmremp) (Entered: 11/22/2000)
4 Order setting Initial Pretrial and Scheduling Conference on 9:20 3/5/01 before Judge John D. Rainey and Order to Disclose Interested Persons, filed. ( Signed by Judge John D. Rainey ) Parties notified. (fmremp) (Entered: 11/22/2000)
5 CERTIFICATE OF INTERESTED PARTIES by Equal Employment , filed. (fmremp) (Entered: 11/30/2000)
6 CERTIFICATE OF INTERESTED PARTIES by Allied Feed, Inc , filed. (fmremp) (Entered: 11/30/2000)
7 ANSWER to Complaint by Allied Feed, Inc filed.; jury demand (fmremp) (Entered: 12/29/2000)
8 JOINT DISCOVERY/Case Management Plan by Equal Employment, Allied Feed, Inc , filed. (fmremp) (Entered: 01/11/2001)
9 NOTICE of Subpoena served Joe Juarez by Deft Allied Feed, Inc , filed (fmremp) (Entered: 02/05/2001)
10 CONFERENCE MEMORANDUM; Appearances: Connie Liem f/Pltf, Bobby Brown f/Deft; Rule 16 conference held; Scheduling order signed; entered. Parties ntfd. ( signed by Judge John D. Rainey ) (fmremp) (Entered: 03/05/2001)
11 SCHEDULING ORDER setting Pltf expert witness list submitted by 5/1/01 ; Deft expert witness list submitted by 7/16/01 ; Discovery cutoff 10/1/01 ; Deadline for filing all dispositive motions 11/2/01 ; Deadline for filing non-dispositive motions 11/2/01 ; Pretrial order to be submitted on or before 12/21/01 ; Jury Trial deadline 9:30 1/8/02 ETT: 4 days, entered. Parties notified. ( Signed by Judge John D. Rainey ) (fmremp) (Entered: 03/05/2001)
12 Notice of change of address for Bobby Brown , filed. (fmremp) (Entered: 03/26/2001)
13 Notice of change of address for Bob Brown, Counsel for Deft , filed. (fmremp) (Entered: 05/01/2001)

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DC CM/ECF LIVE- US District Court-Texas Southern - Docket Report

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09/13/2001
09/24/2001 10/01/2001 11/13/2001 11/16/2001 11/16/2001
11/16/2001

14 MOTION to compel production of documents by Equal Employment, Motion Docket Date 10/3/01 [14-1] motion , filed. (fmremp) Modified on 09/13/2001 (Entered: 09/13/2001)
15 NOTICE OF SETTLEMENT by Equal Employment, Allied Feed, Inc , filed (fmremp) (Entered: 09/25/2001)
16 ORDER closing papers to be submitted by 11/15/01 , entered; Parties notified. ( signed by Judge John D. Rainey ) (fmremp) (Entered: 10/01/2001)
17 JOINT MOTION for entry of order agreed final order by Equal Employment Opportunity Commission, Allied Feed, Inc , filed (ltien) (Entered: 11/15/2001)
18 SETTLEMENT AGREEMENT by Equal Employment, Allied Feed, Inc , filed; signed by Judge John D Rainey; (fmremp) (Entered: 11/19/2001)
19 AGREED FINAL ORDER granting [17-1] joint motion for entry of agreed final order , entered; Parties notified. ( signed by Judge John D. Rainey ) (fmremp) (Entered: 11/19/2001)
Case closed (fmremp) (Entered: 12/12/2001)

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