~JS 44...,(I~v: 3#)9)

- \.'

~, "

.

, ,

CIVIL COVER SHEET

Thc .lSl44-civtl cOver sheet and the information contained herem neither replace nor supplement the filing and service ofpleadmgs or other papers as requ by law, except as provided by local rules of court. This form. approved by the Judicial Conference of the United States in September 1974, is required for use of the Clerk of Court for the purpose of inltIatmg the civil docket sheet. (SEE INSTRUCTIONS ON THE REVERSE OF THE FORM,)

I. (a) PLAINTIFFS

DEFENDANTS

U S Equal Employment Opportumty CommissIOn

Groom & Son Hardware & Lumber, Inc.

(b) County of Residence of First

DALLAS

(EXCEPT IN U,S, PLAINTIFF CASES)

County of Residence of First Listed
(IN U,So PLAINTIFF CASES ONLY)
NOTE ~ LAND CONDEMNATION CASES, USE THE LOCATION OF THE LAND lNVOLYEO

(c) Attorney's (FlfIll Name, Address. and Telephone Number)
Keri Mallon, Trial Attorney EEOC-Dallas District Ot1ice 207 S Houston, 3'" Floor Dallas, Texas (2[4) 655-3332

S 0 2 v- 2 0 7 6 D SEP 2.:l ( L

~L Attorneys ([f Known)

C

II. BASIS OF JURISDICTION (Place an "X" mOne Box Only)

Xl U S Government PlallltItT

03 Federal QuestIOn (U S Government Not a Party)

III. CITIZENSHIP OF PRINCIPAL PARTIES(Place an''X'' mOne Box for PIa

(For DiverSity Cases Only)

and One Box for Defendant)

PTF DEF

PTF

o CItIzen of TIllS State 01 01 Incorporated or Principal Place

4

of Business In This State

02 U S Government Defendant

04 DiverSity (Indicate Citizenship of Parties In Item lll)

IV. NATURE OF SUIT CONTRACT

(Place an "X" in One Box Only) TORTS

Citizen of Another State 02 02 Incorporated and PrinCipal Place 0 5 of BUSIness In Another State

CItIzen or Subject of a 0 3 03 Foreign Nation ForeH!:n CountrY

o 6

FORFEITUREIPENALTY

BANKRUPTCY

OTHER STATUTES

0 110 Insurance

PERSONAL II'iJURY

PERSONAL INJURY 0

0 120 Manne

0 310 Alrplane

0 362 Personal InJury- 0

0 130 MIller ACI

0 315 AIrplane Product

Med Malpractice 0

0 140 Negoltable Instrument

LiabIlity

0 365 Personal InJUry -

0 150 Recovery of Overpayment 0 320 Assault. LIbel &

Product L13blllty 0

& Enforcement of Judgment

Slander

0 368 Asbestos Personal 0

0 151 Med,ca, e Act

0 330 Federal Employers'

InjUry Product

0

0 152 Recovery of Defaulted

LiabIlity

LIability

0

Student Loans

0 340 Manne

PERSONAL PROPERTY

(Excl Velerans)

0 345 Manne Product

0 370 Other Fraud

0

0 153 Recovery of Overpa}ment

L13blllty

0 371 Truth m Lendmg

of Veteran's Benefits 0 350 Motor Velllcle

0 380 Other Personal

0 160 Stockholders' SUIts 0 190 Other Contract

0 355 Motor Velucle

Property Damage

Product LIabIlity 0 385 Property Damage

0

0 195 Conlracl Product L,ab,lity 0 360 Other Personal InJury

Product LIabIlIty

0

REAL PI{OI'ERn

CIVIL RIGHTS

0 210 Land Condemnalioll
0 220 Forecloslll C C 230 Rent Lease & Ejectment 0 240 Torts to Land 0 245 fort Product Lrabillty 0 290 All Other Real Property

0 441 Votmg X 442 Employment 0 443 Housmg!
ACColnlllOdatIons
0 444 Welfare 0 440 Oil,er C,v,l RIghts

PRISONER PETITIONS 0

0 510 MotIOns to Vacdte

Sentence

0

Habeas Corpus

0 530 General

0

0 535 Death Penalty

0 540 Mandamus & Other 0

0 550 CIVil RIghts

0 555 Pnson Cond,tIOn

610 Agnculture 620 Other Food & Drug 625 Drug Related SeIzure
of Propert} 21 USC 630 LIquor Laws 640 R R & Truck 650 AIrline Regs 660 Occupational
Safely/Health 690 Other

0122 Appeal 28 USC 158
0123 WIthdrawal 28 USC 157
PROPERTY RIGHTS
[820 Copynghts [830 Patent [840 Trademark

LABOR

SOCIAL SECURITY

710 FaIr Labor Standards [861 HIA (I 395ft)

Act

[862 Black Lung (923)

720 Labor/M,,'111t RelatIOns [863 DIWC/DlWW (405(g»
[864 ssm TItle XV!

730 Labor/Mgmt Reportmg [865 RSI (405(g»

& DIsclosure Act 740 RaIlway Labor Acl

FEDERAL TAX SUITS

790 Other Labor Llltgatlon

[870 Taxes (U S Plamtlff or Defendant)

791 Empl Ret Inc Secunty Act

[871 lRS-TllIfd Party 26 USC 7609

0 400 Slate ReapportIOnmen 0 410 Anltlrust 0 430 Banks and Bankmg 0 450 Commerce/!CC Rates 0 460 DeportatIOn 0 470 Racketeer Influenced
Corrupt OrganIzatIOns 0 810 Selective Semce 0 850 Secuntles/Commodllte
Exchange 0 875 Customer Challenge
12 USC 3410
0 891 Agncultural Acts
0 892 Economic Stab,llzat,o 0 893 E,l\1ronmental Matter 0 894 Energy AllocatIOn Act 0 895 Freedom of
Infonnalton Act
o 900 Appeal of Fee
DetennmatlOn Under E
Access to Justice
o 950 Constitutionality of
State Statutes
o 890 Other Statutory ActIOn

V. ORIGIN

(PLACE AN "X" IN ONE BOX ONLY)

o X I Onglllal

2 Removed IrOlll

Proceedmg

State Court

o 3 Remanded from Appellate Court

Transferred from
o another district 4 Reinstated or 0 5 (specify) Reopened

o 6 MuItldlstnct LitigatIOn

Appeal to DIS

Judge from

o 7

Magistrate Judgment

CAUSE OF ACTION (Cite the U 5 CrvII Statute under whIch you are filmg and wnte bnefstatement of cause

V l.

Do not cIte JunsdlctlOnal statutes unless d,vefSlty )

rim IS an action under TItle Vll of the Civil Rights Act of 1964, and Title I of the CiVIL Rights Act of 1991 to correct unlawful employment practices on

basis of sex and provide appropriate relief to Elizabeth Cox who was terminated based upon her sex, female, and because of her pregnancy.

VII. REQUESTED IN

o Cl [ECK IF TH[S [S A CLASS ACTION

COMPLAINT:

UNDER F R C P 23

(See VIII. RELATED CASE(S) IIlstructlOns)

IF ANY

JUDGE

DEMAND $

CHECK YES only If demanded III complalllt

JURY DEMAND:

X Yes 0 No

DOCKET NUMBER

FOR O~'F!CE USE OI\LY

~.~....
~ .....

,-
I

IN THE UNITED STATES DISTRIdr COU~T--

:U __" FOR THE NORTHERN DISTRICT F TE~S

5 I 'ui

DALLAS DIVISION

L_:~ P L_ ___

CLERK, lJ.S.lJl~ 1 i~iLT COURT

EQUAL EMPLOYMENT OPPORTUNITY }

COMMISSION,

}

}

Plaintiff,

}

}

v.

}

}

}

GROOM & SONS HARDWARE &

}

LUMBER, INC.

}

}

}

}

Defendant.

}

By _ _- - - - - -
CIVIL ACTION NO.
3 02CV-2076D
COMPLAINT
JURY TRIAL DEMANDED

-------------------------------}

NATURE OF THE ACTION

This is an action under Title VII of the Civil Rights Act of 1964, as amended by the

Pregnancy Discrimination Act, and Title I of the Civil Rights Act of 1991 to correct unlawful

employment practices on the basis ofsex and to provide appropriate reliefto Elizabeth Cox who was

terminated based on her sex, female, and because of her pregnancy.

JURISDICTION AND VENUE

1. lurisdictionofthisCourtis invoked pursuant to 28 U.S.C. §§451, 1331,1337,1343,

and 1345. This action is authorized and instituted pursuant to Section 706(f)(1) and (3) of the Civil

Rights Act of 1964, as amended, ("Title VII"), 42 U.S.C § 2000e-5(f)(1) and (3), and Section 102

of the Civil Rights Act of 1991,42 U.S.C. Sec. 1981a.

2. The employment practices alleged to be unlawful were and are now being committed

within the jurisdiction ofthe United States District Court for the Northern District of Texas, Dallas

Division. PARTIES
3. Plaintiff, Equal Employment Opportunity Commission (the "Commission"), is an agency of the United States of America charged with the administration, interpretation and enforcement of Title VII of the Civil Rights Act of 1964, as amended and is expressly authorized to bring this action by Section 706(a) of Title VII, 42 U.S.C. § 2000e-5(a).
4. At all relevant times, Defendant, Groom & Sons Hardware & Lumber, Inc, ("Groom & Sons") has continuously been and is now doing business in the State of Texas and has continuously had at least fifteen employees.
5. At all relevant times, Defendant, Groom & Sons, has continuously been an employer engaged in an industry affecting commerce under Section 701(b), (g) and (h) of Title VII, 42 U.S.C. §2000e-(b), (g) and (h).
STATEMENT OF CLAIMS 6. More than thirty days prior to the institution of this lawsuit, Elizabeth Cox filed a charge with the Commission alleging violations of Title VII of the Civil Rights Act of 1964, as amended, by the Defendant, Groom & Sons. All conditions precedent to the institution of this lawsuit have been fulfilled. 7. During the employment of Elizabeth Cox, the Defendant has engaged in unlawful employment practices in violation of Section 703(a)(l) of Title VII, 42 U.S.C. § 2000e-2(a)(1) by terminating Cox from employment because she was pregnant. 8. The result of the foregoing practices has been to deprive Elizabeth Cox of equal employment opportunities because of her sex.
Page -2-

9. The unlawful employment practices complained of in paragraph 7 above were intentional.
10. The unlawful employment practices complained of in paragraph 7 above were done with malice or with reckless indifference to the federally protected rights of Elizabeth Cox.
PRAYER FOR RELIEF Wherefore, the Commission respectfully requests that this Court: A. Grant a permanent injunction enjoining the Defendant, Groom & Sons, 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 sex. B. Order the D~fendant to institute and carry out policies, practices, and programs which provide equal employment opportunities for all employees, including pregnant females, and which eradicate the effects of its past and present unlawful employment practices. C. Order the Defendant to make whole Elizabeth Cox by providing appropriate back pay with prejudgment interest in amounts to be determined at trial, pecuniary losses, compensatory damages including out-of-pocket expenses, and other affirmative relief necessary to eradicate the effects of its unlawful employment practices. D. Order the Defendant to make Elizabeth Cox whole by providing compensation for past and future pecuniary losses resulting from the unlawful employment practices described in paragraph 7 above, including but not limited to out-of-pocket job hunting expenses. E. Order the Defendant to make Elizabeth Cox whole by providing compensation for past and future nonpecuniary losses resulting from the unlawful employment practices described in paragraph 7 above, including but not limited to, pain and suffering, humiliation, embarrassment,
Page -3-

emotional distress, anxiety, and loss of enjoyment of life, in amounts to be determined at trial. F. Order the Defendant to pay Elizabeth Cox punitive or exemplary damages for its
intentional, malicious conduct or reckless indifference described and referenced in paragraph 7 above, 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.

Respectfully submitted,

NICHOLAS M. INZEO Acting Deputy General Counsel
---~/----~

- RO

.J

Regional Attorney Oklahoma State Bar No. 011782 I

SUZANNE M. ANDERSON Supervisory Trial Attorney
~ RIL. MALLON Trial Attorney Colorado Bar No. 27392

Page -4-

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Dallas District Office 207 South Houston, 3rd Floor Dallas, Texas 75202 (214) 655-3334 (214) 655-3331 FAX
Page -5-

 
 i'

----1

IN THE UNITED STATES DISTRICT COU T FOR THE NORTHERN DISTRICT OF TE AS

FEB - 2tm4

DALLAS DIVISION

CLERK, U.S. DISTRICT COURT
By
--hD::ep:-:::-u:-ty---

EQUAL EMPLOYMENT OPPORTUNITY }

COMMISSION,

}

}

CIVIL ACTION NO.

Plaintiff,

}

}

v.

}

3:02-CV-2076-D

}

}

GROOM & SONS HARDWARE &

}

LUMBER, INC.

}

}

}

}

Defendant.

}

-------------------------------}

CONSENT DECREE THIS CONSENT DECREE is made and entered into by and between the Plaintiff, Equal Employment Opportunity Commission ("EEOC"), and Defendant, Groom & Sons Hardware and Lumber, Inc. ("Groom & Sons"), in the United States District Court for the Northern District of Texas, Dallas Division, with regard to the EEOC's Complaint, filed on September 25, 2002 ("the Complaint"), in Civil Action No. 3:02-CV-2076-D. This Complaint was based upon a Charge of Discrimination filed by Charging Party Elizabeth Cox against Defendant employer. The above-referenced Complaint alleges that the Defendant Groom & Sons, violated Title VII of the Civil Rights Act of 1964 and Title I of the Civil Rights Act of 1991, by terminating the employment of Elizabeth Cox based on her sex, female, and because of her pregnancy. The EEOC and Groom & Sons agree to compromise and settle the differences embodied
CONSENT DECREE
DALLlBI, 475119.1

in the Complaint, and intend that the terms and conditions of the compromise and settlement be set forth in this Consent Decree ("Consent Decree"). It is understood and agreed that this Consent Decree is in compromise of all disputed claims, and that this Consent Decree shall not in any way be construed as an admission by Groom & Sons of a violation of any federal, state, or local statute, law or regulation, or a violation of any right of any other person.
NOW, THEREFORE, in consideration of the mutual promises and agreements set forth herein, the sufficiency of which is hereby acknowledged, the parties agree as follows, the Court finds appropriate and therefore, it is ORDERED, ADJUDGED AND DECREED that:
1. This Consent Decree resolves all issues raised in EEOC Charge No. 31 O-A21045. This Consent Decree further resolves all issues in the Complaint filed by the EEOC in this civil action. The EEOC waives further claims and/or litigation on all issues raised in the abovereferenced Charge and Complaint. The EEOC does not waive processing or litigating charges other than the above~referenced Charge.
2. Groom & Sons agrees that it shall conduct all employment practices in a manner which does not subject any employee to sex-based discrimination, including pregnancy discrimination, under Title VII of the Civil Rights Act and Title I of the Civil Rights Act of

1991. 3. Groom & Sons and its officers, agents, management (including supervisory
employees), successors and assigns, and all those in active concert or participation with them, or any of them, agree to refrain from: (i) discriminating against women on the basis of sex; (ii) engaging in or being a party to any action, policy or practice that is intended to or is known to them to have the effect of harassing or intimidating any female employee on the basis of her

CONSENT DECREE

2

DALLIBI, 4751191

gender; and/or (iii) creating, facilitating or permitting the existence of a work environment that is hostile to its female employees.
4. Groom & Sons and its officers, agents, management (including supervisory employees), successors and assigns, and all those in active concert or participation with them, or any of them, agree to refrain from engaging in, implementing or permitting any action, policy or practice with the purpose of retaliating against any current or former employee because he or she opposed any practice of sex-based discrimination, including pregnancy discrimination, made unlawful under Title VII; filed a Charge of Discrimination alleging any such practice; testified or participated in any manner in any investigation (including, without limitation, any internal investigation undertaken by Groom & Sons) proceeding, or hearing in connection with this case and/or relating to any claim of sex-based discrimination, including pregnancy discrimination; was identified as a possible witness in this action; asserted any rights under this Consent Decree; or sought and/or received any monetary and/or non-monetary relief in accordance with this Consent Decree.
5. Groom & Sons agrees to post the Notice appended hereto as "Attachment A" on the employee bulletin board(s) in a prominent and conspicuous location at its Mabank, Texas facility, within ten (IO) days after entry of this Consent Decree. Groom & Sons will report to the EEOC that it has complied with this requirement within fourteen (14) days after posting the

Notice. 6. The Notice shall also inform employees where to report violations of Groom &
Sons' anti-discrimination policy, the name of the designated company official to whom they should report said violations, along with the address and telephone number of the Dallas District

CONSENT DECREE

3

DALLIBI, 475119.1

Office of the EEOC. The notice shall remain posted for the duration of this Consent Decree. In the event that the persons and/or departments to whom individuals should make complaints alleging sex-based discrimination, including pregnancy discrimination and/or retaliation, change during the term of the Consent Decree such that the information contained in the notice is no longer accurate, Groom & Sons shall immediately prepare and post a revised notice that contains the correct information. Groom & Sons shall promptly thereafter forward a copy of the revised notice to the EEOC.
7. For each year the Consent Decree is in effect, Groom & Sons agrees it shall maintain a log of all complaints of sex-based discrimination. This log shall include the following information: the name of the complainant; the date of the complaint; the name of the person assigned to investigate the complaint; and the final report and/or a description of the disciplinary action taken in response to the complaint, if any. If no disciplinary action was taken in response to the complaint, the log must also include an explanation for this decision. Groom & Sons shall provide EEOC with a copy of the log, two times per year, on the 1st day of January and the 1st day of July, during the term of the Consent Decree.
8. Groom & Sons agrees to conduct training twice a year for all of its employees, owners and managers, advising them of the requirements and prohibitions of Title VII of the Civil Rights Act of 1964. The training will inform the employees of the complaint procedure for individuals who believe they have experienced discrimination. The training will also advise the employees of the consequences of violating Title VII. The training will also include a specific discussion or instruction relating to the issue of sex-based discrimination, including pregnancy discrimination, and retaliation. The training shall be at least two hours in duration. Groom &

CONSENT DECREE

4

DALLIB1,475119.1

Sons agrees to give written notice to the EEOC within fourteen (14) days after each training session, providing the following information: (a) the date and location of the training; (b) the list of employees attending; (c) the name of the person providing the training; and (d) the substance of the training.
9. Groom & Sons agrees that it shall impose substantial discipline--up to and including termination, suspension without payor demotion--upon any supervisor or manager who engages in sex-based discrimination, including pregnancy discrimination, or permits any such conduct to occur in his or her work area or among employees under his or her supervision, or who retaliates against any person who complains or participates in any investigation or proceeding concerning any such conduct. Groom & Sons shall communicate this policy to all of its supervisors and managers.
10. Groom & Sons agrees that it shall continue to advise all managers and supervisors of their duty to actively monitor their work areas to ensure employees' compliance with the company's anti-discrimination policy, and to report any incidents and/or complaints of sex-based discrimination, including pregnancy discrimination, and/or retaliation of which they become aware to the persons charged with handling such complaints.
11. Groom & Sons agrees that it will revise its current supervisor appraisal process to include performance evaluations for the handling of equal employment opportunity issues as an element in supervisor appraisals, and to link such evaluations directly to its supervisor salarylbonus structure.
12. Groom & Sons agrees that it shall include "commitment to equal employment opportunity" as a criterion for qualification for supervisory positions.

CONSENT DECREE

5

DALLlBI, 4751191

13. Within fourteen (14) days after entry of this Consent Decree, Groom & Sons agrees to remove from Elizabeth Cox's personnel files all documents, entries and references relating to the following: the facts and circumstances which led to the filing of her charge of discrimination; the charge itself; and the Complaint filed by the EEOC in federal court based upon her Charge of Discrimination. Groom & Sons shall send a report to the EEOC within ten (10) days after expungement, describing the specific items expunged from Elizabeth Cox's personnel file.
14. Groom & Sons agrees that there shall be no discrimination or retaliation of any kind against any person involved in the referenced charge or litigation including Elizabeth Cox because of opposition to any practice declared unlawful under Title VII, or because of the filing of a charge; giving testimony or assistance or participating in any manner in any investigation, proceeding or hearing under Title VII.
15. Defendant Groom & Sons agrees to distribute the Notice attached as "Attachment A" to each current and future employee, stating the following: "This is a copy of Groom & Sons' policy against discrimination. Groom & Sons reiterates its commitment to providing a workplace free of discrimination of any kind. Please read the policy and keep a copy for your records." Defendant Groom & Sons agrees to distribute this policy to each current employee within thirty days after entry of this Consent Decree. New employees will be given a copy of the notice upon hire. This procedure will remain in effect during the two-year pendency of this Consent Decree. The "Notice" will remain also posted in a prominent and conspicuous location at Groom & Sons' Mabank, Texas facility during the two-year pendency of this Consent Decree.

CONSENT DECREE

6

DALLIBI, 475119.1

16. Groom & Sons agrees to reinstate Elizabeth Cox to a full-time position, to start twenty-one (21) days after the entry of this Consent Decree. Groom & Sons agrees to pay Elizabeth Cox $6.75 per hour in this new position. Further, Groom & Sons agrees that within ninety (90) days of the reinstatement, Elizabeth Cox will be eligible for all privileges and benefits afforded other full-time employees, such as medical insurance, life insurance, sick leave and a store discount. Groom & Sons further agrees that within one year of her reinstatement, Elizabeth Cox will be eligible for such additional privileges and benefits including paid vacation leave and the ability to participate in Groom & Sons' 401 (k) plan.
17. Defendant Groom & Sons agrees that if Elizabeth Cox terminates the employment relationship with Groom & Sons within one year of the entry of this Consent Decree, it shall provide a neutral employment reference for Elizabeth Cox, providing the dates of her employment, the last position held and the last salary earned, her duties and stating that she is eligible for rehire. However, should the employment relationship with Elizabeth Cox be terminated by Groom & Sons within one year of the entry of this Consent Decree, it shall provide a neutral employment reference for Elizabeth Cox, providing the dates of her employment, the last position held, her duties and the last salary earned.
18. Defendant Groom & Sons agrees to pay the gross sum of$15,000.00 to resolve all claims for all damages. Within twenty-one (21) days ofthe entry of this Consent Decree, Groom & Sons will issue a cashier's check, made payable to Elizabeth Cox in the above-referenced amount.
19. The payment referenced in paragraph 18, above, shall be made by cashier's check, with a copy of the cashier's check sent to EEOC attorney Ronetta J. Francis, 207 S. Houston

CONSENT DECREE

7

DALLlB1, 475119.1

Street, Third Floor, Dallas, Texas 75202.

20. Defendant Groom & Sons agrees to report to the EEOC within fourteen (14) days

of entry of this Consent Decree regarding its compliance with the agreements set forth in

paragraphs 5 through 19, above. Groom & Sons shall report to the EEOC regarding training as

specifically outlined in paragraph No.8.

21. All reports to the EEOC required by this Decree shall be sent to Ronetta J.

Francis, Senior Trial Attorney, EEOC, 207 S. Houston, Third Floor, Dallas, Texas 75202.

22. If Defendant Groom & Sons fails to tender payment or otherwise fails to timely

comply with the terms of paragraphs 18-19, above, Defendant Groom & Sons shall:

a.

Pay interest at the rate calculated pursuant to 26 U.S.c. Section 6621 (b) on

any untimely or unpaid amounts from date of non-compliance; and

b. Bear any additional costs incurred by the EEOC caused by the non-

compliance or delay ofthe Defendant.

23. Neither the EEOC nor Defendant Groom & Sons shall contest the validity of this

Consent Decree nor the jurisdiction of the federal district court to enforce this Consent Decree

and its terms or the right of either party to the Consent Decree to bring an enforcement action

upon breach of any term of this Consent Decree by either such party. Nothing in this Consent

Decree shall be construed to preclude the EEOC from enforcing this Consent Decree in the event

that Defendant Groom & Sons fails to perform the promises and representations contained

herein. The EEOC shall determine whether Defendant Groom & Sons has complied with the

terms of this Consent Decree and shall be authorized to seek compliance with the Consent

Decree through civil action in the United States District Court.

CONSENT DECREE

8

DALLIBI, 475119.1

24. The term of this Consent Decree shall be for two (2) years. 25. The parties to this Consent Decree agree to bear their own attorney's fees associated with the above-referenced Complaint.
SO ORDERED, ADJUDGED AND DECREED this _1..~_~ _ day of f"-<~""'&t''1
200*
~a~
U.S. DIST~~T-~ JUDGE

CONSENT DECREE

9

DALLIB1, 475119.1

AGREED AS TO FORM AND SUBSTANCE:

Signed this

/ (1
(I

day of

\

/' %/' '- "/

\
',--

~

I /j L ;'

/:

I/;"j

/i I

//i ..-'"

<Y/.'..~,1"/"'l~I03 •

FOR THE PLAINTIFF:
6 /:/ ~ .-Lc c.~~~-~-viL / j .L-("'rzc/~:~V='/~=---
ROBERT A. CANINO Regional Attorney Oklahoma State Bar No. 011782
SUZANNE M. ANDERSON' Supervisory Trial Attorney Texas Bar No. 14009470
~~.~RtANbCI wShj
Senior Trial Attorney Virginia Bar No. 39886
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Dallas District Office 207 South Houston Street Third Floor Dallas, Texas 75202 Tel No. (214) 655-3334; Fax No. (214) 655-3331

Baker & McKenzie 2300 Trammell Crow Center 2001 Ross Avenue Dallas, Texas 75201

CONSENT DECREE

10

DALLIBI,475119.1

..

FAX NO.

Dec. 15 2003 04:07PM P2

u.s. EQUAl" EMPLOYMENT OPPORTUNITY COMMISSION

Dallas District Office

207 S. Houstun SIted, 3~ floor

Dallas. 1X 75202-4726 (214) 655-33S5
1"IY (214) 655-3363 FAX (214) 65:1-3443

EEOC Website: MD\...eoc..8OV

NOTICE

This notice is being posted pursuant to a Consent Decree entered into between Groom & Sons Hardware and Lumber, Inc. and the Equal Empleyment Opponunity Commissien, based upon a lawsuit alleging se~ discriminatio.n under Title VB of the Civil Rights Act ef 1964 and Title J of the Civil Rights
Act of1991.

Federal law requires that there be no discrimination against any employee or applicant for employment because of the employee's race, color. religion~ sex,natio.nal ori~ age or disability with respect to. hiring, firing, compensation or other terms and conditiens ef employment. Specifically, the law prohibits employeTs from subjec1IDg its employees to sex discriminatio.n Discrimination en the basis o.f p~cy, cbildbiJ1h o.r related medical conditions constitutes unlawful sex. discrimination Imder Title VII ofthe Civil Rights Act ofI 964.

Women affected by pregnancy Or related conditions must be treated in the same manner as other applicants or emplo.yees with similar abilities or limitations. An employer cannot refuse to hire a woman because o.fher pregnancy related condition as long as she is able to. peTfonn the major fimctions o.fher job. An emplOYeT cannet refuse to hire her because o.f its prejudices against pregnant werkers or 1he prejudices of co-workeIS, clients or customers. An employer may not single out pregnancy related conditions for special procedures to determine an employees ability to work. If an employee is temporarily unable to perform her job due to pregnancy, file employer must ~ her the same as any other temporarily disabled employee. Pregnant employees must be permitted 10 work as Jong as they are able to perfonn their jebs. An employer may not have a rule which prehibits an employee from returning to. work for a predetermined length of time after cbi1dbirth. Employers must hold open a job for a pregnancy related absence the same length of time jobs are beld o.pen for employees on sick Or disability leave.

An employee has 1he right, and is encouraged to exercise fual right to report allegations of sex discrimination in the workplace. An employee may do 50 by no.tifying the Director ofHuman Resources at phone . Emplo.yees who. do not wish to go to the Director ofHuman Resources may instead report to any supervisor or manager with the company. Supervisors and ~oers who are informed o.fa complaint or allegation ofsex discriminatio.n must immediately notifY the Director of Human Resources.

Any report of sex discrimination will be thoroughly investigated. with appropriate disciplinary actio.n taken against any person(s) found to. have engaged in such conduct

An employee, either alternatively or in addition to reporting such an allegation to. company

officials. may contact the Equal Emplo.yment Opportunity Commission for the purposes effiling a charge

of employment discrimination. 11re address and telephone number ofthe

EEOC office is 207 So.uth

Ho.uston Street. Third Floof, Dallas~ Texas 75 ; (214) 5-

_Date"

PA'.J~Bl, 47.5121.1

ATTACHMENT A

 
 District Version 3.0.3 - Docket Report

https://ecf.txnd.uscourts.gov/cgi-bin/DktRpt.pl?207998539090653-L_3...

CLOSED, JURY, RAMIREZ
U.S. District Court Northern District of Texas (Dallas) CIVIL DOCKET FOR CASE #: 3:02-cv-02076

EEOC v. Groom & Son Hardware Assigned to: Judge Sidney A Fitzwater Demand: $0 Cause: 42:1981 Sex Discrimination Plaintiff Equal Employment Opportunity Commission
1 of 4

Date Filed: 09/25/2002 Date Terminated: 02/02/2004 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff
represented by Ronetta J Francis Equal Employment Opportunity Commission Dallas District Office 207 S Houston 3rd Floor Dallas, TX 75202 214/253-2746 Fax: 214/253-2749 FAX Email: Ronetta.Francis@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED
Keri L Mallon Equal Employment Opportunity Commission Dallas District Office 207 S Houston 3rd Floor Dallas, TX 75202 214/253-2743 Fax: 214/253-2749 FAX Email: Keri.Mallon@eeoc.gov TERMINATED: 11/08/2002
Robert A Canino, Jr Equal Employment Opportunity Commission Dallas District Office 207 S Houston 3rd Floor Dallas, TX 75202 214/253-2750 Email: robert.canino@eeoc.gov
Suzanne M Anderson Equal Employment Opportunity
5/17/2007 11:33 AM

District Version 3.0.3 - Docket Report

https://ecf.txnd.uscourts.gov/cgi-bin/DktRpt.pl?207998539090653-L_3...

V.
Defendant Groom & Sons Hardware & Lumber, Inc.

Commission Dallas District Office 207 S Houston 3rd Floor Dallas, TX 75202 214/253-2740 Fax: 214/253-2749 FAX Email: suzanne.anderson@eeoc.gov
represented by Jordan Wade Cowman Akin Gump Strauss Hauer & Feld - Dallas 1700 Pacific Ave Suite 4100 Dallas, TX 75201-4618 214/969-2779 Fax: 214/969-4343 FAX Email: jcowman@akingump.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed 09/25/2002 09/25/2002 09/25/2002 09/25/2002 09/25/2002 09/26/2002 11/04/2002 11/05/2002
11/05/2002

#

Docket Text

1 COMPLAINT filed; (5) Filing Fee $ 1 Receipt # (djd) (Entered: 09/26/2002)
1 DEMAND for jury trial by plaintiff EEOC (djd) (Entered: 09/26/2002)
PRELIMINARY ASSIGNMENT TO Magistrate Judge Irma C Ramirez (djd) (Entered: 09/26/2002)
2 CERTIFICATE OF INTERESTED PERSONS by plaintiff EEOC (2) (djd) (Entered: 09/26/2002)
3 SUMMONS(ES) issued for defendant Groom & Son Hardware (issued 1) (djd) (Entered: 09/26/2002)
4 CERTIFICATE OF INTERESTED PERSONS by plaintiff EEOC (2) (aat) (Entered: 09/27/2002)
5 ORIGINAL ANSWER to Complaint by defendant Groom & Son Hardware (Attorney Jordan Wade Cowman) (5) (djd) (Entered: 11/05/2002)
6 ORDER...no later than 20 days after this order is filed, dft must comply with Rules 7.4 and 3.1(f) so that the Court can ensure that recusal is not required in this case. ( Signed by Judge Sidney A. Fitzwater ) Copies to counsel: 11/6/02 Page(s) 2 (jyg) (Entered: 11/06/2002)
7 ORDER REQUIRING PROPOSAL for Contents of Scheduling Order. Proposed scheduling order due 12/5/02 ( signed by Judge Sidney A Fitzwater) Copies to

2 of 4

5/17/2007 11:33 AM

District Version 3.0.3 - Docket Report

https://ecf.txnd.uscourts.gov/cgi-bin/DktRpt.pl?207998539090653-L_3...

11/08/2002 11/14/2002 12/05/2002 12/09/2002
12/09/2002 06/06/2003 09/29/2003 09/29/2003 09/30/2003 10/02/2003 10/02/2003
10/08/2003 02/02/2004
02/02/2004

counsel: 11/6/02 Page(s): 4 (jyg) (Entered: 11/06/2002)
8 NOTICE of attorney appearance for plaintiff EEOC by Ronetta J Francis (2) (djd) (Entered: 11/08/2002)
9 CERTIFICATE OF INTERESTED PERSONS by defendant Groom & Son Hardware (2) (djd) (Entered: 11/15/2002)
10 Joint PROPOSAL FOR CONTENTS of scheduling and discovery order by plaintiff EEOC, defendant Groom & Son Hardware (4) (djd) (Entered: 12/06/2002)
11 SCHEDULING ORDER setting Joining of Parties on 5/1/03 ; Amending of Pleadings on 11/1/03 ; Discovery cutoff 12/1/03 ; Deadline for filing of dispositive motions 1/1/04 ; ( Signed by Judge Sidney A. Fitzwater ) Copies to counsel: 12/9/02 Page(s): 3 (djd) (Entered: 12/09/2002)
11 STATUS REPORT ORDER. Status report due on 12/1/03 ( Signed by Judge Sidney A. Fitzwater ) Copies to counsel: 12/9/02 Page(s): 3 (djd) (Entered: 12/09/2002)
12 TRIAL SETTING ORDER: Docket Call set for 5/3/2004 before Sidney A Fitzwater. (Signed by Judge Sidney A Fitzwater on 6/6/03) (djd) (Entered: 06/09/2003)
13 EMERGENCY MOTION for Protective Order by Equal Employment Opportunity Commission (djd) (Entered: 09/30/2003)
14 BRIEF in Support of 13 EMERGENCY MOTION for Protective Order filed by Equal Employment Opportunity Commission. (djd) (Entered: 09/30/2003)
15 ORDER REFERRING MOTION to Judge Irma C Ramirez: 13 Motion for Protective Order filed by Equal Employment Opportunity Commission (Signed by Judge Sidney A Fitzwater on Sept 30, 2003) (jyg, ) (Entered: 10/01/2003)
16 RESPONSE to Plaintiff's Emergency 13 MOTION for Protective Order filed by Groom & Sons Hardware & Lumber, Inc. (djd) (exhibits not imaged) (Entered: 10/02/2003)
17 Minute Entry for proceedings held before Judge Irma C Ramirez : Motion Hearing held on 10/2/03 re 13 Motion for Protective Order filed by Equal Employment Opportunity Commission. Granted, order to follow. (Tape #partially recorded.) (djd) (Entered: 10/03/2003)
18 ORDER granting 13 Motion for Protective Order. See order for specifics. (Signed by Judge Irma C Ramirez on 10/8/03) (djd) (Entered: 10/09/2003)
19 CONSENT DECREE...defendant agrees to pay the gross sum of $15,000 to resolve all claims for all damages. Within 21 days of the entry of this Consent Decree, defendant will issue a cashier's check, made payable to Elizabeth Cox...the term of this Consent Decree shall be for 2 years. The parties agree to bear their own attorney's fees. (see order for specifics) (Signed by Judge Sidney A Fitzwater on 2/2/04) (klm, ) (Entered: 02/02/2004)
***Civil Case Terminated. (klm, ) (Entered: 02/17/2004)

3 of 4

5/17/2007 11:33 AM

District Version 3.0.3 - Docket Report

https://ecf.txnd.uscourts.gov/cgi-bin/DktRpt.pl?207998539090653-L_3...

PACER Service Center

Transaction Receipt

05/17/2007 11:34:37

PACER Login: hs0328

Client Code: eeoc

Description: Docket Report Search Criteria: 3:02-cv-02076

Billable Pages: 2

Cost:

0.16

4 of 4

5/17/2007 11:33 AM