Case 3:05-cv-03050-JLH Document 1 Filed 08/29/2005 Page 1 of 5

U. S. DISTRICT COURT IN THE UNITED STATES DISTRICT COURT WESTERN D~T:MCT ARKANSAS

FOR THE WESTERN DISTRICT OF ARKANSAS

IL D

HARRISON DIVISION

AUG 2 9 2005

EQUAL EMPLOYMENT OPPORTUNITY

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COMMISSION,

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Plaintiff,

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v.

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HARDEE'S OF SOUTHWEST MISSOURI, INC.)

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Defendant.

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OS 0 CIVIL ACTION NO.

~MS

COMPLAINT

JURY TRIAL DEMAND

NATURE OF THE ACTION This is an action under Title VII of the Civil Rights Act of 1964, as amended ("Title VII"), and Title I of the Civil Rights Act of 1991 to correct unlawful employment practices on the basis of sex, and to provide appropriate relief to Lori Donohue who has been adversely affected by such practices. Lori Donohue was terminated from the position ofbiscuit maker at Hardee's in Mountain Home because of her sex (pregnancy) in violation of Title VII.
JURISDICTION AND VENUE 1. JurisdictionofthisCourtisinvokedpursuantt028U.S.C. §§451, 1331, 1337, 1343, and 1345. This is an action authorized and instituted pursuant to §706(f)(l) and (3) and §706 and §707 of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. §2000e, et seq. ("Title VII"). 2. The employment practices alleged to be unlawful were and are now being committed within the jurisdiction of the United States District Court for the Western District of Arkansas,

Case 3:05-cv-03050-JLH Document 1 Filed 08/29/2005 Page 2 of 5

Harrison 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 and is expressly authorized to bring this action by §706(f)(l) and (3) and

§707 ofTitie VII, 42 U.S.C. §2000-5(f)(l) and (3), and 42 U.S.C. §2000-6.

4. At all relevant times, Defendant, Hardee's of Southwest Missouri, Inc. ("Defendant

Employer"), was a corporation doing business in the State of Arkansas and the City of Mountain

Home and has continuously had at least fifteen (15) employees. Hardee's of Southwest Missouri,

Inc. operates the Hardee's restaurant in Mountain Home.

5. At all relevant times, Defendant Employer has continuously been and is now an

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

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

STATEMENT OF CLAIMS

6. More than thirty (30) days prior to the institution ofthis lawsuit, Lori Donohue filed

a charge of discrimination with the Commission alleging violations of Title VII by Defendant. All

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

7.

From on or around October I, 2004, and continuing, Defendant Employer has

engaged in unlawful employment practices at its facility in Mountain Home, Arkansas, in

violation of §703(a) of Title VII, as amended, 42 U.S.C. §2000e-2(a). The unlawful practices

include, but are not limited to, discrimination against Lori Donohue by terminating her

employment because of her pregnancy.

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8. The effect of the practices complained of above has been to deprive Lori Donohue of equal employment opportunities and otherwise adversely affect her status as an applicant or employee.
9. The unlawful employment practices complained of above were and are intentional.
10. Defendant Employer at all relevant times acted with malice or reckless indifference to the federally protected rights of Lori Donohue.
PRAYER FOR RELIEF WHEREFORE, the Commission respectfully prays that this Court: A. Grant a permanent injunction enjoining the Defendant Employer, 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 and pregnancy. B. Order Defendant Employer to institute and carry out policies, practices, and programs which provide equal employment opportunities for pregnant females which eradicate the effects of its past and present unlawful employment patterns and practices. C. Order Defendant Employer to make whole Lori Donohue by providing appropriate backpay with prejudgment interest, in amounts to be determined at trial, and provide other affirmative relief necessary to eradicate the effects of its unlawful employment practices, including but not limited to reinstatement or placement in a job comparable to the one she previously held with Defendant. D. Order Defendant Employer to make whole Lori Donohue by providing
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Case 3:05-cv-03050-JLH Document 1 Filed 08/29/2005 Page 4 of 5 compensation for past and future pecuniary losses resulting from the unlawful employment practices described above, including medical and/or counseling expenses, job search expenses, and other appropriate expenses, in amounts to be determined at trial.
E. Order Defendant Employer to make whole Lori Donohue by providing compensation for past and future non pecuniary losses resulting from the unlawful practices complained of above, including emotional pain, suffering, embarrassment, inconvenience, loss of enjoyment oflife, and humiliation, in amounts to be determined at trial.
F. Order Defendant Employer to pay Lori Donohue punitive damages for its malicious and/or reckless conduct described above, in an amount to be determined at trial.
G. Grant such further relief as the Court deems necessary and proper. H. Award the Commission its costs in this action.
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Case 3:05-cv-03050-JLH Document 1 Filed 08/29/2005 Page 5 of 5
JURY TRIAL DEMAND The Commission requests a jury trial on all questions of fact raised by its Complaint.
ERIC S. DREIBAND General Counsel JAMES L. LEE Deputy General Counsel
Senior Trial Attorney AR# 95085 EQUAL EMPLOYMENT OPPORTUNITY
COMMISSION 820 Louisiana St., Ste. 200 Little Rock, Arkansas 72201 Telephone: (501) 324-5539
(501) 324-5065
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 Case 3:05-cv-03050-JLH Document 12-1 Filed 07/28/2006 Page 1 of 5

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF ARKANSAS
HARRISON DIVISION

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff,
v. HARDEE'S OF SOUTHWEST MISSOURI
Defendant.

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CIVIL ACTION NO.

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3 :05-cv-3050

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CONSENT DECREE
This action was instituted by the Equal Employment Opportunity Commission (hereinafter the "Commission") against the Defendant Hardee's of Southwest Missouri (hereinafter "Defendant"), to enforce the provisions of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e et seq. (Title VII), and the Civil Rights Act of 1991, 42 U.S.C. §1981a, and to remedy unlawful practices alleged in the Complaint filed in this action.
In the event this proposed Consent Decree is not approved or does not become final, then it shall not be admissible in evidence in any subsequent proceeding in this action. This Decree shall not be admissible in any other civil actions other than actions arising out of the rights and

obligations of the parties under this Decree. The Court has reviewed the terms of the proposed Consent Decree in light of the
applicable laws and regulations and the pleadings of the parties and hereby approves the Consent

Decree. NOW, THEREFORE, the Court being fully advised in the premises, it is hereby

ORDERED, ADJUDGED AND DECREED:

______________________....__

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I. JURISDICTION The United States District Court for the Western District of Arkansas, Harrison Division, has jurisdiction over the parties and subject matter of this litigation.
II. SCOPE AND DURATION OF DECREE A. This Consent Decree resolves all issues and claims arising out of the Commission's Complaint in this cause alleging unlawful employment policies and practices maintained by the Defendant and arising out of Charge No. 251-2005-00251 filed by Lori Donohue with the Commission. Notwithstanding any provisions contained in this Decree, this Agreement shall not be considered in any manner to be dispositive of any charges now pending before any office of the Commission other than Charge No. 251-2005-00251. B. The provisions of this Consent Decree shall continue to be effective and binding upon the parties to this action for a period of three years from the date of the entry of this Decree.
III. NON-DISCRIMINATION PROVISION A. Defendant, its officers, agents, employees, and all persons acting in concert with the Defendant agree to refrain from engaging in any employment practice which has the purpose or effect of discriminating against any employee because of the employee's sex, because of pregnancy or any pregnancy related condition. B. Defendant agrees to train its supervisors and managers in the requirements of Title VII of the Civil Rights Act of 1964, as amended, regarding the prevention of sex discrimination and pregnancy discrimination. This training session will be conducted within sixty (60) days of the entry of this Decree. A list of the employees that attend the training session, a copy of the syllabus, and a copy of the training materials will be provided to the Commission within thirty (30) days of the training session.

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C.

Defendant will provide a copy of its equal employment opportunity policy to all

of its employees within thirty (30) days ofthe entry ofthis Decree.

IV. NON-RETALIATION PROVISION

Defendant, its officers, agents, employees, and all persons acting in concert with Defendant shall not take any retaliatory measure against Lori Donohue or any employee for opposing practices made unlawful under Title VII of the Civil Rights Act of 1964, as amended, or for making a charge or complaint to the Commission, testifying, assisting, or participating in any manner in any investigation, proceeding, or hearing under Title VII of the Civil Rights Act

of 1964, as amended.

V. NOTICE
Defendant shall conspicuously post the notice (poster) required to be posted by Title VII of the Civil Rights Act of 1964, as amended. Furthermore, Defendant shall conspicuously post the notice at Appendix A of this Decree for a three year period commencing within ten (10) days

after entry of this Decree by the Court.

VI. INDIVIDUAL RELIEF

A.

Defendant agrees to expunge the personnel records of Lori Donohue of any

potentially unfavorable or adverse personnel comments regarding any aspect of her employment

with Defendant. Defendant shall expunge from these employment records any reference to her

charge of discrimination or to the litigation of the matter.

B.

Defendant shall deliver to the following address a cashier's check or business

check payable to "Lori Donohue" in the amount of $8,500 in damages. The check should be

mailed within ten (10) days after entry of this Decree by the Court. Defendant shall forward a

copy of the check to William A. Cash Jr. at the Commission office in Little Rock, Arkansas.

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Lori Donohue 217 Springwood Drive Mountain Home, AR 72653 C. Defendant agrees to give a neutral reference to any potential employers of Lori Donohue who request a job reference. Any such neutral reference shall be identical to the form demonstrated in Appendix B. No mention of Ms. Donohue's charge of discrimination or this action will be made as part of the neutral reference.
VII. REPORTING A. Defendant will provide three reports to the Commission. The first report will be submitted within twelve (12) months of entry of the Decree. The second report will be submitted within twenty-four (24) months of entry of the Decree. The final report will be submitted within thirty-six (36) months of the Decree. Each report will describe all complaints of pregnancy discrimination at its facility, describe the investigation conducted by Defendant in response to each complaint and indicate how the complaint was resolved. Each report will describe any additional training of Defendant's supervisors, managers and hourly employees in the requirements of Title VII of the Civil Rights Act of 1964, as amended. B. Each report will be forwarded to William A. Cash, Jr., Senior Trial Attorney, at the Commission's Little Rock Area office.
VIII. COSTS
UNITED STATES DISTRICT JUDGE

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COUNSEL FOR PLAINTIFF
JAMES LEE Deputy General Counsel

COUNSEL FOR DEFENDANT

GWENDOLYN YOUNG REAMS

Senior Trial Attorney EQUAL EMPLOYMENT OPPORTUNITY
COMMISSION Little Rock Area Office 820 Louisiana, Suite 200 Little Rock, Arkansas 72201 Telephone: (501) 324-5539
(501) 324-5065
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Case 3:05-cv-03050-JLH Document 12-2 Filed 07/28/2006 Page 1 of 2 APPENDIX A NOTICE
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NOTICE 1. Federal law prohibits an employer from discriminating against employees based on their
sex, pregnancy, or any pregnancy related condition. Discrimination based on sex, pregnancy, or pregnancy related conditions violates Title VII of the Civil Rights Act of 1964, as amended. 2. Hardee's supports and will comply with such Federal law in all respects and will work to prevent sex and pregnancy discrimination in the workplace. 3. Hardee's will not take any action against employees who exercise their rights by filing charges with the Equal Employment Opportunity Commission and/or testified, assisted or participated in any manner in any investigation, proceeding, hearing, or litigation under Title VII of the Civil Rights Act of 1964, as amended.
DATE
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Case 3:05-cv-03050-JLH Document 12-3 Filed 07/28/2006 Page 1 of 2

APPENDIXB NEUTRAL REFERENCE

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Dear ----------------

This letter is in reference to your request for information regarding the employment of Lori Donohue while employed at Hardee's of Southwest Missouri in Mountain Home, Arkansas ..

Ms. Donohue worked at Hardee's from

through ______

Company policy does not permit us to give out any more information concerning Ms. Donohue's

employment.

I am sure Ms. Donohue can provide you with the details concerning her tenure at Hardee's. I hope this information is helpful and that it satisfactorily answers your inquiry.

Very truly yours,

Hardee's of Southwest Missouri

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 Western District of Arkansas - Docket Report

https://ecf.arwd.uscourts.gov/cgi-bin/DktRpt.pl?947920048273622-L_9...

U. S. District Court Western District of Arkansas (Harrison) CIVIL DOCKET FOR CASE #: 3:05-cv-03050-JLH

CLOSED

Equal Employment Opportunity Commission v. Hardee's of Southwest Missouri, Inc. Assigned to: Honorable Jimm Larry Hendren Cause: 42:2000 Job Discrimination (Sex)

Date Filed: 08/29/2005 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

Plaintiff
Equal Employment Opportunity Commission

represented by William A. Cash EEOC 820 Louisiana Street, Suite 200 Little Rock, AR 72201 501-324-5539 Fax: 501-324-5991 Email: william.cash@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Adele Rapport Equal Employment Opportunity Commission 1407 Union Avenue Suite 621 Memphis, TN 38104 US 901-544-0075 Fax: 901-544-0111 ATTORNEY TO BE NOTICED

Pamela Dixon EEOC 820 Louisiana, Suite 200 Little Rock, AR 72201 (501) 324-5065 Fax: (501) 324-5991 Email: pamela.dixon@eeoc.gov ATTORNEY TO BE NOTICED

V. Defendant Hardee's of Southwest Missouri, Inc.

represented by Marshall S. Ney Mitchell, Williams, Selig, Gates & Woodyard, PLLC

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Western District of Arkansas - Docket Report

https://ecf.arwd.uscourts.gov/cgi-bin/DktRpt.pl?947920048273622-L_9...

5414 Pinnacle Point Drive Suite 500 Rogers, AR 72758 (479) 273-9561 Fax: (479) 273-0527 Email: mney@mwsgw.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Greggory D Groves Lowther Johnson Attorneys at Law LLC 901 St. Louis Street 20th Floor Springfield, MO 65806 417-866-7777 Fax: 417-866-1752 Email: ggroves@lowtherjohnson.com ATTORNEY TO BE NOTICED

Date Filed 08/29/2005 10/28/2005
11/16/2005 12/21/2005 12/21/2005 12/22/2005

#

Docket Text

1 COMPLAINT against Hardee's of Southwest Missouri, Inc. , filed by Equal Employment Opportunity Commission.(jn) (Entered: 08/29/2005)
CLERK'S FIRST NOTICE re No Service of Process directed to Plaintiff Equal Employment Opportunity Commission. No answer or other responsive pleading has been filed. The file does not reflect a proof of service of the complaint upon the defendant(s). Federal Rules of Civil Procedure 4(l) requires proof of service to be filed with the court. If service is not perfected on a defendant within 120 days after filing the complaint, a show cause order will issue and the complaint against that defendant is subject to dismissal pursuant to Federal Rules of Civil Procedure 4(m). TEXT ONLY ENTRY, NO DOCUMENT ATTACHED (ct, ) (Entered: 10/28/2005)
2 WAIVER OF SERVICE Returned Executed by Equal Employment Opportunity Commission. Defendant Hardee's of Southwest Missouri, Inc. waiver sent on 10/5/2005, answer due 12/5/2005. (jn) (Entered: 11/16/2005)
3 ANSWER to Complaint by Hardee's of Southwest Missouri, Inc..(Ney, Marshall) (Entered: 12/21/2005)
4 MOTION to Appear Pro Hac Vice by Hardee's of Southwest Missouri, Inc.. (Attachments: # 1 Affidavit of Greggory D. Groves)(Ney, Marshall) (Entered: 12/21/2005)
5 INITIAL SCHEDULING ORDER: Rule 26 Meeting Report due by 3/2/2006. Final Scheduling Order issue date 3/13/2006. Jury Trial set for 8/14/2006 08:30 AM in Harrison -- 2nd flr (Rm 231) before Honorable Jimm Larry Hendren. Signed by Judge Jimm Larry Hendren on December 22, 2005. (gg) (Entered: 12/22/2005)

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Western District of Arkansas - Docket Report

https://ecf.arwd.uscourts.gov/cgi-bin/DktRpt.pl?947920048273622-L_9...

12/27/2005
12/28/2005 02/23/2006 02/23/2006
03/30/2006 03/31/2006 05/25/2006 07/05/2006 07/28/2006

TEXT ONLY ORDER granting 4 Motion to Appear Pro Hac Vice. Greggory D. Groves is directed to immediately register as a CM/ECF user if he/she has not already done so and enter his/her appearance in this matter . Signed by Judge Jimm Larry Hendren on December 27, 2005. (cpg) (Entered: 12/27/2005)
6 NOTICE of Appearance by Greggory D Groves on behalf of Hardee's of Southwest Missouri, Inc. (Groves, Greggory) (Entered: 12/28/2005)
7 REPORT of Rule 26(f) Planning Meeting by Equal Employment Opportunity Commission. (Cash, William) (Entered: 02/23/2006)
8 FINAL SCHEDULING ORDER: Discovery due by 6/1/2006. Motions due by 6/14/2006. Jury Trial set for 8/14/2006 08:30 AM in Harrison -- 2nd flr (Rm 231) before Honorable Jimm Larry Hendren. Signed by Judge Jimm Larry Hendren on February 23, 2006. (gg) (Entered: 02/23/2006)
9 MOTION to Substitute Attorney (Proposed Order submitted) by Equal Employment Opportunity Commission. (Rapport, Adele) (Entered: 03/30/2006)
TEXT ONLY ORDER granting 9 Motion to Substitute Attorney. Adele Rapport is substituted for Katharine Kores as counsel for plaintiff. . Signed by Judge Jimm Larry Hendren on 03/31/2006. (els, ) (Entered: 03/31/2006)
10 ORDER Setting/Resetting Hearings: Settlement Conference set for 7/11/2006 11:00 AM before Beverly Stites Jones. Signed by Judge Beverly Stites Jones on May 25, 2006. (djm) (Entered: 05/25/2006)
11 ORDER Cancelling Settlement Conference. Signed by Judge Beverly Stites Jones on July 5, 2006. (djm) (Entered: 07/05/2006)
12 CONSENT JUDGMENT. Signed by Judge Jimm Larry Hendren on July 27, 2006. (Attachments: # 1 Appendix A - Notice; # 2 Appendix B - Neutral Reference)(jn) (Entered: 07/28/2006)

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