IN THE UNITED STATES DISTRICT COURT

FOR THE WESTERN DISTRICT OF KENTUCKY OWENSBORO DIVISION

I:15 II/IR 16

31

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff,

CIVIL ACTION NO.

TRI-VALLEY PLASTICS, INC., d/b/a TRI-VALLEY MILLENNIUM PLASTICS, INC.,

COMPLAINT

Defendant.

JURY TRIAL DEMAND

NATURE OF THE ACTION

The United States Equal Employment Opportunity Commission (the "Commission")

brings this action against Tri-Valley Plastics, Inc., d/b/a Tri-Valley Millennium Plastics Inc.,

("TVP") pursuant to Title VII &the Civil Rights Act of 1964 and Title I of the Civil Rights Act

of 1991 in order to correct TVP’s unlawful employment practices on the basis of sex and

retaliation, and to provide appropriate relief to Destiny Chapman, Jason Chapman, ("the

Charging Parties") and a class of similarly situated female employees who were adversely

affected by such practices. As alleged in paragraphs seven and eight below, the Commission

alleges that TVP subjected Destiny Chapman and a class of similarly situated female employees

to sexual harassment and retaliated against Destiny Chapman and Jason Chapman because they

complained of and opposed sexual harassment.

JURISDICTION AND VENUE 1. Jurisdiction of this Court is invoked pursuant to 28 U.S.C. §9 451, 1331, 1337, 1343 and 1345. This action is authorized and instituted pursuant to §§ 704(a); 706(f)(I) and (3); and 707(a) of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. §§ 2000e-3(a); 2000e-5(f)(1) and (3); and 2000e-6(a) ("Title VII") and 9 102 of the Civil Rights Act of 1991, 42 U.S.C. 9 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 Kentucky, Owensboro Division.
PARTIES 3. Plaintiff, 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. 9 2000e-5(f)(1) and (3). 4. Defendant, TVP, is currently a Kentucky corporation and at all relevant times has continuously been a Kentucky corporation doing business in the Commonwealth of Kentucky and the City of Madisonville, and has continuously had at least 15 employees. 5. At alt relevant times, TVP has been an employer engaged in an industry affecting commerce within the meaning of 99 701(b), (g) and (h) of Title VII, 42 U.S.C. 99 2000e(b), (g) and (h).

STATEMENT OF CLAIMS 6. More than thirty days prior to the institution of this lawsuit, the Charging Parties each filed a charge with the Commission alleging violations of Title VII by Defendant. All conditions precedent to the institution of this lawsuit have been fulfilled. 7. From at least March 2003, Defendant engaged in unlawful employment practices at its facility in Madisonville, Kentucky, in violation of §§ 703(a)(1) and 707(a) of Title VII, 42 U.S.C. §§ 2000e-2(a)(1) and 2000e-6(a). Defendant subjected Destiny Chapman and the affected class members to sexual harassment. 8. From at least May 2003, Defendant engaged in unlawful employment practices at its facility in Madisonville, Kentucky, in violation of § 704(a) of Title VII, 42 U.S.C. § 2000e3(a). Defendant subjected Jason Chapman and Destiny Chapman to illegal retaliation when they complained about and opposed conduct made unlawful by Title VII. 9. The effect of the practices complained of in paragraphs seven and eight above have been to deprive the Charging Parties and affected class members of equal employment opportunities and to otherwise adversely affect their respective employee status. 9. The unlawful employment practices complained of in paragraphs seven and eight above were intentional. 10. The unlawful employment practices complained of in paragraph seven and eight above were done with malice or with reckless indifference to the Charging Parties’ and affected class members’ respective federally protected rights.
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PRAYER FOR RELIEF WHEREFORE, the Commission respectfully requests that this Court: A. Grant a permanent injunction enjoining TVP, its officers, successors, assigns, and all persons in active concert or participation with it, from engaging in retaliation and sexual harassment. B. Order TVP to institute and carry out policies, practices, and programs which provide equal employment opportunities for females and which eradicate the effects of its past and present unlawful employment practices based on sex. C. Order TVP to make each Charging Party and each affected class member whole by providing 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. D. Order TVP to make each Charging Party and affected class member whole by providing each Charging Party and affected class member compensation for past and future pecuniary losses resulting from the unlawful employment practices described in paragraphs seven and eight above in amounts to be determined at trial. E. Order TVP to make each Charging Party and affected class member whole by providing each Charging Party and affected class member compensation for past and future nonpecuniary losses resulting from the unlawful practices complained of in paragraph seven and eight above, including losses resulting from any emotional pain, suffering, inconvenience, loss of enjoyment of life, embarrassment and humiliation, in amounts to be determined at trial.

F. Order TVP to pay each Charging Party and affected class member punitive damages for its malicious and reckless conduct described in paragraphs seven and eight above, in amounts to be determined at trial.
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.
Respectfully submitted,
ERIC S. DREIBAND General Counsel JAMES L. LEE Deputy General Counsel GWENDOLY’N YOUNG REAMS Associate General Counsel EQUAL EMPLOYMENT OPPORTUNITY
COMMISSION 1801 L Street, N.W. Washington D.C. 20507

/~II’~HELLE EISELE Supervisory Trial Attorney
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Indianapolis District Office 101 W. Ohio St., Suite 1900
Ind~04-4203
Senior Trial Attorney
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Louisville Area Office 600 Martin Luther King, Jr. Place Suite 268 Louisville, Kentucky 40202-2285 (502) 582.6308 (Direct Dial) (502) 582.5895 (Facsimile) bobby.simpson@eeoc.gov

 
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IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF KENTUCKY
OWENSBORO DIVISION

EQUAL EMPLOYMENT OPPORTUNITY

)

COMMISSION,

)

)

Plaintiff,

)

)

v.

)

)

TRI-VALLEY PLASTICS, INC. d/b/a

)

Tri-Valley Millennium Plastics, Inc.

)

Defendant.

)

CIVIL ACTION NO. 4:05CV-39-M

CONSENT DECREE The United States Equal Employment Opportunity Commission (the "Commission") commenced this action against Tri-Valley Plastics, Inc. d/b/a Tri-Valley Millennium Plastics, Inc. ("Tri-Valley") pursuant to Title VII of the Civil Rights Act of 1964 and Title 1 of the Civil Rights Act of 1991 in order to correct Tri-Valley's alleged unlawful employment practices on the basis of sex and to provide appropriate relief to Destiny Chapman, Jason Chapman and Jessica Foster. This action was instituted and authorized by Section 706(f)(1) and (3) of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e5(f)(l) and (3) ("Title VII") and Section 102 ofthe Civil Rights Act of 1991 , 42 U.S.C. § 198la. The Commission and Tri-Valley stipulate to the Court's jurisdiction over the parties. Further, the Commission and Tri-Valley desire to resolve Civil Action No. 4:05CV39-M without the burden and expense of further litigation. As a result, and based on the pleadings and the record as a whole, the Court finds that: [i] the Court has jurisdiction over the parties and the subject matter of this action; and [ii] the purpose and provisions ofTitle VII of

the Civil Rights Act of 1964 and Title 1 of the Civil Rights Act of 1991 will be promoted and effectuated by the entry of this Decree, (3) this Consent Decree resolves all matters and claims in controversy in this lawsuit between the EEOC and Tri-Valley as provided in paragraphs 1 through 13 below.
IT IS THEREFORE ADJUDGED, ORDERED AND DECREED as follows:
I. Tri-Valley denies any wrongdoing on the basis ofany of the allegations set forth in the underlying charge of discrimination filed with the Commission or on the basis of any of the allegations set forth in the Commission's Complaint.
2. Tri-Valley agrees that it and all of its officers, directors, employees, agents, shareholders, members, representatives and any affiliated entity will not discriminate against nor harass any Tri-Valley employee on the basis of his or her sex.
3. Tri-Valley agrees that there will be no discrimination or retaliation of any kind against any person because of opposition to any practice made unlawful under Title VII of the Civil Rights Act of 1964 and Title 1 of the Civil Rights Act of 1991 , or because of the filing of a charge, the giving of testimony, assistance, or participation in any manner in an investigation, proceeding or hearing under Title VII of the Civil Rights Act of 1964 and Title 1 of the Civil Rights Act of 1991.
4. Tri-Valley shall pay the total sum of Seven Thousand Five Hundred Dollars ($7,500.00) to Destiny Chapman, Jason Chapman and Jessica Foster in the following amounts, delivered to the following addresses:
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Destiny Chapman $2,500.00 122 Skyway Dr. Murray, KY 42071

Jason Chapman $2,500.00 122 Skyway Dr. Murray,Ky.42071

Jessica Foster

$2,500.00

233 East McLaughlin St.

Madisonville, KY 42431

This amount is not for back pay, front pay, or services rendered. Tri-Valley will not deduct from

any amount the employer's share of any costs, taxes, or social security required by law to be paid

by Tri-Valley. Further, Tri-Valley will not withhold any amounts from payments of liquidated

damages, interest, or punitive damages. Tri-Valley shall effect payment by issuing checks by

certified mail in the amounts specified and to the addresses identified within fourteen (14) days

of execution of this agreement.

5. Tri-Valley shall mail a copy of the checks and proof of their delivery (assigned

certified mail receipt) to Laurie A. Young (or her successor), Regional Attorney, Equal

Employment Opportunity Commission, Indianapolis District Office, 101 West Ohio St., Suite

1900, Indianapolis, Indiana 46204-4203, within thirty (30) days of mailing.

6. The term of this Decree shall be for twenty four months (24) months from and

after the date of its entry by the Court.

7. Within ninety (90) days of the date of execution of this Decree, Tri-Valley shall

provide a training program to all of its supervisors and managers regarding the provisions of

Title VII of the Civil Rights Act as it pertains to sex discrimination and sexual harassment in the

work place. This training program shall include an explanation of the prohibition against

retaliation for those employees reporting sex discrimination or sexual harassment. Thirty (30) days before the training, Tri-Valley shall provide: [i] notice to the Commission of the date, time, and place of the training; [ii] shall send to the Commission a copy of the training program and all written materials, if any, to be used; and [iii] shall provide the Commission with a roster of all individuals who will receive the training. The Commission may provide reasonable input on the content of the training but shall do so no later than ten (10) days prior to the training.
Upon completion of the training, Tri-Valley shall certify to the Commission the specific training that was undertaken and shall provide the Commission with a roster of all individuals who recei ved the training. All reports shall be sent to the attention of Laurie A. Young, Regional Attorney, at the address specified in paragraph 5.
8. In the event that the EEOC determines that a violation of this Decree has occurred, it will, prior to exercising any remedy provided by law, provide written notice to TriValley and its attorney specifically identifying the alleged violation(s). Tri-Valley will have thirty (30) days or any additional period which may be agreed to by the parties in which to investigate and respond to the allegation. Thereafter, the parties will have a period of thirty (30) days, or any such additional period as may be agreed upon by them, in which to negotiate and confer regarding such allegation before the Commission exercises any remedy provided by law.
9. Tri-Valley shall post the Notice attached hereto as Appendix A. The Notice shall be placed within a conspicuous area where it shall be visible to all employees.
10. The Commission and Tri-Valley shall each bear its own costs and attorney fees.
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September 21, 2006 Copies to: Counsel of record

 
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CASREF, CLOSED, PROTOR
U.S. District Court Western District of Kentucky (Owensboro) CIVIL DOCKET FOR CASE #: 4:05-cv-00039-JHM-ERG

Equal Employment Opportunity Commission v. Tri-Valley Plastics, Inc. Assigned to: Judge Joseph H. McKinley, Jr Referred to: Magistrate Judge E. Robert Goebel Cause: 42:2000 Job Discrimination (Sex)

Date Filed: 03/16/2005 Jury Demand: Both Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

Plaintiff
Equal Employment Opportunity Commission

represented by Bobby C. Simpson EEOC 600 Martin Luther King, Jr. Place Suite 268 Louisville, KY 40202-2285 502-582-6308 Fax: 502-582-5435 Email: bobby.simpson@eeoc.gov TERMINATED: 07/26/2005 LEAD ATTORNEY

Kenneth W. Brown EEOC 600 Martin Luther King, Jr. Place Suite 268 Louisville, KY 40202-2285 502-582-5440 Fax: 502-582-5435 Email: kenneth.brown@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Laurie A. Young Equal Employment Opportunity Commission 101 W OHIO ST STE 1900 Indianapolis, IN 46204 317-226-7204 Fax: 226-5571 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Michelle Eisele EEOC 101 W. Ohio Street Suite 1900

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V.
Defendant
Tri-Valley Plastics, Inc. doing business as Tri-Valley Millennium Plastics, Inc.

Indianapolis, IN 46204 US 317-226-7059 Fax: 317-226-5571 Email: michelle.eisele@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Frank A. Brancato Bamberger, Abshier & Brancato, PLC 111 W. Second Street P.O. Box 1676 Owensboro, KY 42302-1676 270-926-4545 Fax: 270-684-0064 Email: fbran@mindspring.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Zack N. Womack Womack Law Offices 304 First Street P.O. Box 637 Henderson, KY 42420 270-826-5040 Fax: 270-826-9080 Email: womack@lightpower.net LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed 03/16/2005
03/16/2005 03/18/2005 03/22/2005

#

Docket Text

1 COMPLAINT against Tri-Valley Plastics, Inc., Summons(es) issued, filed by Equal Employment Opportunity Commission. (Attachments: # 1 Cover Sheet)(LMW) (Entered: 03/18/2005)
2 Case Assignment (Random Selection): Case Assigned to Joseph H. McKinley, Jr., U. S. District Judge. (LMW) (Entered: 03/18/2005)
3 ORDER by Joseph H. McKinley Jr. (EBOC) on 3/18/2005; Referring Case to Magistrate Judge E. Robert Goebelcc:Counsel(LMW) (Entered: 03/18/2005)
4 SUMMONS Returned Executed by Equal Employment Opportunity Commission. Tri-Valley Plastics, Inc. served via C/M on 3/18/2005; answer due 4/7/2005. (CSD) (Entered: 03/22/2005)

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04/19/2005 05/16/2005 06/09/2005
06/14/2005 06/27/2005 06/29/2005 07/22/2005
07/26/2005 08/08/2005 01/19/2006 01/25/2006 02/01/2006 02/21/2006

5 MOTION for Extension of Time to File Answer re 1 Complaint by Tri-Valley Plastics, Inc.. Responses due by 4/29/2005 (Attachments: # 1 Proposed Order for Enlargement of Time to Answer Complaint)(Bamberger, Ronald) (Entered: 04/19/2005)
6 ANSWER to Complaint with Jury Demand by Tri-Valley Plastics, Inc.(CSD) (Entered: 05/17/2005)
7 ORDER by Joseph H. McKinley Jr. (EBOC) on 6/8/2005: Telephonic Scheduling Conference set for 7/22/2005 at 09:30 AM before Magistrate Judge E. Robert Goebel. Counsel for the parties shall conduct meeting required by Rule 26(f) by 6/24/2005 and shall file Rule 26 Meeting Report by 7/8/2005. See Order for specifics. cc:Counsel, Case Manager & Secretary to U. S. Magistrate Judge Goebel(LMW) (Entered: 06/09/2005)
8 ORDER by E. Robert Goebel on 6/13/2005; granting 5 Motion for Extension of Time to Answer 1 Complaint. Defendant shall have until 5/15/2005 to file Answer. cc:Counsel, Secretary to U. S. Magistrate Judge Goebel(LMW) (Entered: 06/14/2005)
9 NOTICE of Appearance by Kenneth W. Brown on behalf of Equal Employment Opportunity Commission (CSD) (Entered: 06/27/2005)
10 REPORT of Rule 26(f) Planning Meeting by Equal Employment Opportunity Commission, Tri-Valley Plastics, Inc. (CSD) (Entered: 06/30/2005)
12 SCHEDULING ORDER for proceedings held before E. Robert Goebel : Telephone Conference held on 7/22/2005. 1) initial disclosures by 8/31/05; pla to disclose expert wits by 1/3/06; 3) dft to disclose expert wits by 2/1/06; mtns to join additional parties by 1/31/06; 5) discovery due by 2/28/06; 6) dispositive motions by 4/14/06; 7) all other limitations set out in report of parties planning meeting 10 are incorparated herein; 8) in the event discovery is completed and neither party anticipates filing dispositive mtns, or in the event the ddl passes, counsel shall notify court for status conference; 9) upon request, Court will set this matter for a settlement conference; 10 TELEPHONE CONFERENCE set for 3/7/2006 at 9:00 AM in Chambers before Magistrate Judge E. Robert Goebel. cc: Counsel, KL, PH(JBM) (Entered: 07/26/2005)
11 NOTICE of Withdrawl of Appearance by attorney Bobby Simpson by pla Equal Employment Opportunity Commission (JBM) (Entered: 07/26/2005)
13 INITIAL DISCLOSURES by dft Tri-Valley Plastics, Inc..(JBM) (Entered: 08/09/2005)
14 Proposed Agreed Order Protective Order by Equal Employment Opportunity Commission, Tri-Valley Plastics, Inc.. (JBM) (Entered: 01/19/2006)
15 AGREED PROTECTIVE ORDER by E. Robert Goebel on 1/24/06cc:Counsel. PH(JBM) (Entered: 01/25/2006)
16 EXPERT DISCLOSURES by Tri-Valley Plastics, Inc..(JBM) (Entered: 02/01/2006)
17 Proposed Agreed Amended Scheduling Order by Equal Employment Opportunity Commission, Tri-Valley Plastics, Inc.. (JBM) (Entered: 02/21/2006)

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03/01/2006
05/05/2006 06/06/2006 06/28/2006 09/07/2006 09/21/2006 09/22/2006

18 AGREED AMENDED SCHEDULING ORDER by E. Robert Goebel on 2/28/06; Motions to Amend Pleadings due by 4/30/2006. Discovery due by 5/28/2006. Dispositive Motions due by 7/14/2006. Expert Witness (Defendant) due by 5/1/2006. Expert Witness (Plaintiff) due by 4/3/2006. Motions to Join Parties due by 4/3/2006. Telephonic Status Conference set for 6/2/2006 at 9:30 AM in Courtroom before Magistrate Judge E. Robert Goebel.cc:Counsel, KL, PH(JBM) (Entered: 03/01/2006)
19 Expert Witness List by Tri-Valley Plastics, Inc.(CSD) (Entered: 05/05/2006)
20 ORDER by E. Robert Goebel on 6/6/06; Telephonic Status Conference set for 6/8/2006 at 9:00 AM in Courtroom before Magistrate Judge E. Robert Goebel.cc:Counsel, PH, KL(JBM) (Entered: 06/06/2006)
21 ORDER by Magistrate Judge E. Robert Goebel on 06/27/2006; Telephonic Status Conference reset for 7/5/2006 01:30 PM CDT before Magistrate Judge E. Robert Goebel.cc:Counsel(CSD) (Entered: 06/28/2006)
22 Proposed Consent Decree tendered by Equal Employment Opportunity Commission, Tri-Valley Plastics, Inc.. (Attachments: # 1 Appendix A)(CSD) (Entered: 09/07/2006)
23 CONSENT DECREE by Joseph H. McKinley Jr. on 9/21/06cc:Counsel(JBM) Additional attachment(s) added on 9/22/2006 (JBM). (Entered: 09/21/2006)
24 NOTICE OF DOCKET CORRECTION Re:PDF Error: INCORRECT document attached to docket entry by clerk re:23 Order; Correct document attached to this entry. (JBM) (Entered: 09/22/2006)

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