Case 3:03-cv-00524-HDM-RAM Document 2 Filed 09/24/2003 Page 1 of 4
ORIGINAL

1 ANNA Y. PARK PETERF. LAURA
2 U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
3 255 East Temple Street, 4th Floor Los Angeles, CA 90012
4 Telephone: (213) 894-1076 Facsimile: (213) 894-1301
5 Attorneys for Plaintiff
6 U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

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7 UNITED STATES DISTRICT COURT
8 DISTRICT OF NEVADA
9

10 U.S. EQUAL EMPLOYMENT

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OPPORTUNITY COMMISSION,

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11

)

Plaintiff,

)

12

)

v.

)

13

)

PEPPERMILL HOTEL & CASINO,

)

14

)

)

15

Defendants.

)

16 ---------------------------)

CV-N-03-0S24-HDM-RAM
COMPLAINT - CIVIL RIGHTS EMPLOYMENT DISCRIMINAnON (42 U.S.c. Section 2000e, et £!ill..; 42 U.S.C. Section 1981a)
DEMAND FOR TRIAL BY JURY

17

NATURE OF THE CASE

18

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

19 Rights Act of 1991 to correct intentional and unlawful employment practices on the basis of race,

20 and to make whole Ivy L. Walker who applied for employment with Peppermill Hotel & Casino,

21 ("Pepperrnill"), as a service worker, who was adversely affected by such practices.

22

As described in greater particularity below, the Plaintiff U.S. Equal Employment

23 Opportunity Commission ("Commission" or "EEOC") alleges that Peppermill discriminated

24 against Ivy L. Walker by failing to hire her because of her race, Black.

25

The Commission further alleges that Pepperrnill failed to maintain and preserve

26 employment records as required by federal law.

27

JURISDICTION AND VENUE

28

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

1

COMPLAINT AND JURY DEMAND

Case 3:03-cv-00524-HDM-RAM Document 2 Filed 09/24/2003 Page 2 of 4

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

2 707 of Title VII, 42 U.S.C. Sections 2000e-5(t)(1) and (3) and 2000e-6, and Title I of the Civil

3 Rights Act of 1991, 42 U.S.c. Section 1981a.

4

2. The unlawful employment practices alleged herein were committed within the

5 jurisdiction of the United States District Court for the District of Nevada.

6

PARTIES

7

3. The EEOC is an agency of the United States of America charged with the

8 administration, interpretation and enforcement of Title VII and is expressly authorized to bring

9 this action by Sections 706(t)(1) and (3) and 707(e) of Title VII, 42 U.S.C. Sections 2000e-

10 5(t)(1) and (3) and 2000e-6(e).

11

4. At all relevant times until at least June 1, 2002, Peppermill was and is a Nevada

12 corporation continuously doing business in the District of Nevada, and continuously had fifteen

13 or more employees.

14

5. At all relevant times until at least June 1, 2002, Peppermill continuously was an

15 employer engaged in an industry affecting commerce within the meaning of Section 70 1(b), (g)

16 and (h) of Title VII, 42 U.S.C. Sections 2000e(b), (g) and (h).

17

CONDITIONS PRECEDENT

18

6. More than thirty (30) days prior to the institution of this lawsuit Ivy L. Walker filed a

19 charge with the Commission alleging that Peppermill violated Title VII.

20

7. Prior to institution of this lawsuit, all conditions precedent were satisfied. The

21 Commission's representatives attempted to eliminate the unlawful employment practices

22 hereinafter alleged and to affect voluntary compliance with the Act through informal methods of

23 conciliation, conference and persuasion within the meaning of Section 706(b) and 707(e) of Title

24 VII, 42 U.S.c. Sections 2000e-5(b) and -6(e).

25

STATEMENT OF CLAIMS

26

8. Since at least June 1,2002, Peppermill has engaged in unlawful employment

27 practices in violation of Sections 703(a)(1) and 707 of Title VII, 42 U.S.C. Sections 2000e-3 and

28 2000e-6. These violations include failing to hire Ivy L. Walker because of her race, Black.

2

COMPLAINT AND JURY DEMAND

Case 3:03-cv-00524-HDM-RAM Document 2 Filed 09/24/2003 Page 3 of 4

1

9. Since at least June 1, 2002, Peppermill has violated 29 C.F.R. § 1602.14, by failing

2 to make and preserve employment records required by the Commission necessary to the

3 Commission's administration of Title VII. More specifically, Peppermill failed to maintain and

4 preserve for a period of one year job applications, or resumes, and failed to maintain and preserve

5 relevant job applications or resumes after the filing of Ms. Walker's charge in violation of 29

6 C.F.R. § 1602.14.

7

10. The effect of the practices complained of above has been to deprive Ivy L. Walker

8 of equal employment opportunities and to otherwise adversely affect her employment status

9 because of her race.

10

11. As a direct and proximate result of the aforesaid acts of Peppermill, Ivy L. Walker

11 has suffered emotional distress, embarrassment, humiliation and related damages in an amount

12 according to proof.

13

12. As a direct and proximate result of the aforesaid acts of Peppermill, Ivy L. Walker

14 has suffered a loss of earnings in an amount according to proof.

15

13. The unlawful employment practices complained of above were and are intentional

16 within the meaning of the 1991 Civil Rights Act.

17

14. Peppermill has acted with malice or reckless indifference to federally protected

18 rights of Ivy L. Walker.

19

PRAYER FOR RELIEF

20

Wherefore, the Commission respectfully requests that this Court:

21

A. Grant declaratory relief that Peppermill has violated Title VII by discriminating in

22 hiring because of race.

23

B. Grant a permanent injunction enjoining Peppermill, its officers, successors, assigns

24 and all persons in active concert or participation with it, from engaging in any employment

25 practices which discriminate on the basis of race or retaliate against employees for engaging in

26 activity protected under Title VII.

27

C. Order Peppermill to maintain and preserve for a period of one year job applications,

28 or resumes, and maintain and preserve relevant job applications or resumes after the filing of any

3

COMPLAINT AND JURY DEMAND

Case 3:03-cv-00524-HDM-RAM Document 2 Filed 09/24/2003 Page 4 of 4

1 Charge of discrimination against Peppermill with the Commission or with the Nevada Equal

2 Rights Commission

3

D. Order Peppermill to institute and carry out policies, practices and programs which

4 provide equal employment opportunities for Blacks and which eradicate the effects of past and

5 present unlawful employment practices.

6

E. Grant a judgment requiring Peppermill to make Ivy L. Walker whole by paying to

7 her appropriate back pay, interest, lost benefits, rightful place employment and compensatory and

8 punitive damages in an amount to be proven at trial.

9

F. Grant such further relief as the Court deems necessary and proper in the public

10 interest.

11

G. Award the Commission its costs in this action.

12

JURY TRIAL DEMAND

13

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

14

15

Respectfully submitted,

16

17

EQUAL EMPLOYMENT

OPPORTUNITY COMMISSION

18

ERIC S. DREIBAND

19

General Counsel

GWENDOLYN YOUNG REAMS

20

Associate General Counsel

ANNA Y. PARK

21

Regional Attorney

PETER F. LAURA

22

Senior Trial Attorney

23
24 Date: c,,/z. S/e3 I
25

26

U.S. Equal Employment Opportunity

27

Commission

Los Angeles District Office

28

255 East Temple St., 4th Floor

Los Angeles, CA 900 12

4

COMPLAINT AND JURY DEMAND

 
 Case 3:03-cv-00524-HDM-RAM Document 3 Filed 09/30/2003 Page 1 of 4

1 ANNA PARK

U.S. DIS: rilv I ...iI..)! \ I DISTRICT OF NEVADA ENTERED & SERVED

2

PETER F. LAURA GREGORY McCLINTON

3

U.S. EQUAL EMPLOYMEN OPPORTUNITY COMMISSI

OCT - 'i 2003 0,

4

255 East Temple Street, 4th F , ':..'==::-:-::=,",===DEPUTY

Los Angeles, CA 90012

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5

Telephone: (213) 894-1076 Facsimile: (213) 894-1301

ORIGINAL

6 Attorneys for Plaintiff,

7

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

8 Neil M. Alexander; NY Bar No. 5202 LITTLER MENDELSON,
9 A Professional Corporation

SEll 24, , . ,_ d

10 350 South Center Street, Suite 530 Reno,NY 89501

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Telephone: (775) 348-4888 Facsimile: (775) 786-0127

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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17

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

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18

Plaintiffs,

) )

19 v.

) )

)

20 PEPPERMILL HOTEL & CASINO

)

21

) )

22

Defendant.

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23 ------------------------)

Case No. CONSENT DECREE; ORDER
CV-N-03-0524-HDM-RAM

24

By and Through their undersigned counsel, the parties agree as follows:

25

THE LITIGATION

26

1. The U.S. Equal Employment Opportunity Commission (the "Commission") has instituted

27 in the United States District Court for the District of Nevada, a lawsuit entitled "U.S. Equal

28 Employment Opportunity Commission vs. Peppennill Hotel & Casino," (hereinafter "the Settled

Case 3:03-cv-00524-HDM-RAM Document 3 Filed 09/30/2003 Page 2 of 4

1 Action") alleging that Defendant failed to hire the Charging Party, Ivy Walker, and failed to keep

2 records, in violation of Title VII of the Civil Rights Act of 1964. Defendant denies that it violated

3 any law or has engaged in any wrongdoing.

4

2. The Commission and Peppermill Hotel & Casino ("Peppermill") desire to bring the

5 Settled Action to a conclusion and to avoid incurring further costs and burdens incident to this

6 litigation. The Commission and Peppermill have agreed that the Settled Action should be resolved

7 by entry of this Consent Decree ("Decree").

8

3. This Settlement is final and binding upon the Commission and Peppermill as to all claims

9 alleged in the Complaint filed in the Settled Action.

10

4. Having examined the terms and provisions of the Decree and the pleadings, records and

11 stipUlations of the parties in the Settled Action, the parties stipulate to the following:

12

A. The Court has jurisdiction over both the subj ect matter of the Settled Action and

13

the parties to the Settled Action.

14

B. The terms and provisions of this Decree are fair, reasonable and just. The rights

15

of the Peppermill, the Commission and the Charging Party are adequately protected

16

by this Decree.

17

THE PARTIES HEREBY STIPULATE AS FOLLOWS:

18

5. Peppermill agrees to tender a check of 5,000.00 dollars and no cents ($5,000.00) to Ivy

19 Walker at the address provided by the EEOC made payable to Ivy Walker within ten (10) business

20 days after this Decree has been entered. Within ten (10) business days of the entry of this Decree a

21 copy of the check sent pursuant to this paragraph shall be submitted, with a copy of a 1099 or

22 equivalent form, to the Regional Attorney, Equal Employment Opportunity Commission, Los

23 Angeles District Office, 255 East Temple Street, 4th Floor, Los Angeles, California, 90012.

24

6. In exchange for the payment in Paragraph 5, Ivy Walker will sign a Release of All Claims

25 with language mutually agreeable to the parties.

26

7. Peppermill shall continue to submit annual EEO-l reports pursuant to applicable law, and

27 shall maintain supporting documentation as required by applicable law, and shall maintain

28 employment applications and resumes as required by applicable law.

-2-

Case 3:03-cv-00524-HDM-RAM Document 3 Filed 09/30/2003 Page 3 of 4

1

8. Peppennill shall comply with all of the obligations imposed by Title VII of the Civil

2 Rights Act of 1964.

3

9. For a period of eighteen (18) months following entry of this Consent Decree, Peppennill

4 shall maintain and make available for inspection and copying by the EEOC records (including name,

5 social security number, address, telephone number, details of complaint of discrimination, details of

6 all actions taken in response to the complaint of discrimination) of each person who complains of

7 discrimination and files an Administrative Charge of Discrimination with the EEOC or the Nevada

8 Equal Rights Commission.

9

10. Peppennill shall make all documents or records referred to in paragraph 8, above,

10 available for inspection and copying within five (5) business days after the EEOC so requests. In

11 addition, Peppennill shall make available all persons within its employ whom the EEOC requests for

12 purposes of verifying compliance with this Consent Decree and shall pennit a representative of the

13 EEOC to enter its respective premises for such purposes on five (5) business days' advance notice by

14 the EEOC. The Peppennill shall be entitled to have counsel present at all such interviews, which

15 will be scheduled on mutually convenient dates if there is a conflict in dates.

16

11. Nothing in this Consent Decree shall be construed to limit any obligation Peppennill

17 may otherwise have to maintain records under Title VII or any other law or regulation.

18

12. The duration of this Decree shall be eighteen months from the date of entry. The tenns

19 of this Decree are and shall be binding upon the present and future officers, directors, employee,

20 agents, trustees, administrators, successors, representatives and assigns of PeppenniII.

21

13. The Commission and Peppennill agree that each will bear its own court costs and

22 attorney's fees.

23

III

24

III

25

III

26

III

27

III

28

III

-3-

Case 3:03-cv-00524-HDM-RAM Document 3 Filed 09/30/2003 Page 4 of 4

1

14. If any provision of this Decree is held, detennined or adjudicated to be invalid,

2 unenforceable or void for any reason whatsoever, each such portion, provision or part shall be

3 severed from the remaining portions, provisions or parts of this Decree and shall not affect the

4 validity or enforceability of such remaining portions, provisions or parts.

5 Dated:
6
7

'(19 ,2003 J

Agreed to for Plaintiff, U.S. Equal Employment Opportunity Commission

8

9
10
11
ated: -..-:Cf'--J!r-z=--2._. _, 2003
12
13
14

Senior Trial Attorney
~~~-
Neil M. Alexander LITTLER MENDELSON A Professional Corporation Attorneys for Defendant

15 IT IS SO ORDERED.

16
Dated: "'7#1 '30 , 2003
17

18

19

20

21

22

23

24

25

26

27

28

-4-

 
 CM/ECF - nvd - District Version 2.05 - Docket Report

https://ecf.nvd.uscourts.gov/cgi-bin/DktRpt.pl?822057764045446-L_92...

United States District Court District of Nevada (Reno) CIVIL DOCKET FOR CASE #: 3:03-cv-00524-HDM-RAM

U.S. Equal Employment Opportunity Commission VS Peppermill Hotel & Casino Assigned to: Judge Howard D. McKibben Referred to: Magistrate Judge Robert A. McQuaid, Jr Demand: $5,000,000

Date Filed: 09/24/2003 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

Plaintiff
U.S. Equal Employment Opportunity Commission

represented by Anna Park U.S. Equal Employment Opportunity Commission 255 East Temple Street 4th Floor Los Angeles, CA 90012213-894-1083 Email: anna.park@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

V. Defendant Peppermill Hotel & Casino

represented by Neil M. Alexander Littler Mendelson 50 West Liberty Street Suite 400 Reno, NV 89501 775-348-4888 Fax: 775-786-0127 Email: nalexander@littler.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed
09/24/2003 09/24/2003 09/24/2003

#

Docket Text

1 MISCELLANEOUS DOCUMENT Civil Cover Sheet obo P. (Entered: 09/26/2003)
2 COMPLAINT w/demand for jury trial obo P. (Entered: 09/26/2003)
MISCELLANEOUS DOCUMENT Consent Decree: Order obo Prtys. (Entered: 09/26/2003)

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3 ORDER Consent Decree - See ord for specs. (Entered: 10/01/2003)

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