IN THE UNITED STATES DISTRICT COURt:7.. FOR THE EASTERN DISTRICT OF TENNESffEI~ h ~- ~
SOUTHERN DIVISION
k: 03

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,

Plaintiff, TRI-STATE SECURITY, INC.,

Civil Action No.
1:04. CV 2 Ig
COMPLAINT JURY TRIAL DEMANDED

Defendant.

JUDGE CURTIS L. COLLIER

NATURE OF THEACTION This is an action under Title I of the Americans With Disabilities Act of 1990 and Title I of the Civil Rights Act of 1991, to correct unlawful employment practices on the basis of disability and to make whole Rocky Dillard (hereinafter referred to as "Dillard"). The Commission alleges that the Defendant discharged Rocky Dillard because of his learning disabilities and a seizure disorder.
JURISDICTION AND VENUE 1. Jurisdiction of this Court is invoked pursuant to 28 U.S.C. §§451, 1331, 1337, 1343, and 1345. This action is authorized and instituted pursuant to Section 107(a) of the Americans With Disabilities Act of 1990 ("ADA"), 42 U.S.C. § 12117(a), which incorporates by reference Sections 706(f)(1) and (3) of Title VII of the Civil Rights Act of 1964 ("Title VII"), 42 U.S.C. §§2000e5(f)(1) and (3), and pursuant to Section 102 of the Civil Rights Act of 1991, 42 U.S.C. §1981a. 2. The unlawful employment practices alleged below were and are now being committed in the Eastern District of Tennessee, Southern 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 I of the ADA and is expressly authorized to bring this action by Section 107(a) of the ADA, 42 U.S.C. 812117(a), which incorporates by reference Sections 706(f)(1) of Title VII, 42 U.S.C. 82000e-5(f)(1). 4. At all relevant times, Defendant, Tri-State Security Agency, Inc., (hereinafter referred to as "Employer" or "Tri-State Security Agency") has been and is now a corporation doing business in the State of Tennessee and has continuously had and does now have at least fifteen (15) employees. Defendant employer is an agency engaged in the business of providing security to businesses in the Chattanooga area. 5. At all relevant times, Defendant Employer has continuously been an employer engaged in an industry affecting commerce within the meaning of 8101(5) of the ADA, 42 U.S.C. 812111 (5), and Section 107(7) of the ADA, 42 U.S.C. 812117(a), which incorporates by reference Sections 701(g) and (h) of Title VII, 42 U.S.C. 88 2000e(g) and (h). 6 At all relevant times, Defendant Employer has been a covered entity under Section 101(2) of the ADA, 42 U.S.C. 812111(2).
STATEMENT OF CLAIMS 7. More than thirty (30) days prior to the institution of this lawsuit, Rocky Dillard filed a charge with the Commission alleging a violation of Title I of the ADA by Defendant Employer. All conditions precedent to the institution of this lawsuit have been fulfilled. 8. The Commission alleges that Rocky Dillard was hit by a car when he was nine years

old. He was in a coma for 18 days and sustained permanent brain damage, that has resulted in, among other things, a seizure disorder and a diagnosis of learning disabilities. At age 36, he started working for Defendant. This placement was his first job.
9. Defendant hired Mr. Dillard on February 2, 2000, as a security guard. His duties involved, among other things, patrolling designated buildings. He also drove a company vehicle. During his tenure, he worked the evening and night shift. Early on, Defendant considered terminating Mr. Dillard because he learned slowly and needed more time to acquire the job skills. However, Mr. Dillard’s sister, who was also employed by Defendant, became his supervisor. She and another employee, provided Mr. Dillard with the additional instruction and close supervision he needed to perform the essential functions of the job.
10. In late July of 2000, Defendant sought information about medications taken by employees. At that time, Defendant learned that Mr. Dillard was taking medication for a seizure disorder. Once Defendant learned about the medication, Mr. Dillard was terminated from his employment. Defendant determined that the it could not retain Mr. Dillard because of possible liability problems.
11. Since at least July 2000, Defendant Employer has engaged in unlawful employment practices in violation of the ADA, Section 102(a), 42 U.S.C. §§12112(a), at its Chattanooga, Tennessee facility. These practices include but are not limited to discharging Rocky Dillard, a qualified individual with a disability, because of his learning disability and a belief that Mr. Dillard was susceptible to seizures.
12. The effect of these practices complained of above has been to deprive Mr. Dillard of equal employment opportunities and otherwise adversely affect his status as an employee because

Defendant Employer discharged him because of his disability. 13. The unlawful employment practices complained of above were and are intentional. 14. Defendant Tri-State Security Agency, Inc., at all relevant times has been acting with
malice or reckless indifference to the federally protected rights of Rocky Dillard in violation of the ADA, 42 U.S.C. $12101 et seo.,,.
PRAYER FOR RELIEF WHEREFORE, the Commission respectfully prays that this Court: A. Grant a permanent injunction enjoining the Defendant Tri-State Security Agency, Inc., 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 disability. B. Order Defendant to institute and carry out policies, practices and programs which provide equal employment opportunities for qualified individuals with disabilities, and which eradicate the effects of past and present unlawful employment practices. C. Order Defendant Tri-State Security Agency, Inc., to make whole Rocky Dillard by providing him with appropriate back pay with prejudgment interest, in amounts to be proved at trial, rightful place hiring, and other affirmative relief necessary to eradicate the effects of its unlawful employment practices. D. Order Defendant Tri-State Security Agency, Inc., to make whole Rocky Dillard by providing compensation for nonpecuniary losses, including emotional pain, suffering, inconvenience and mental anguish in amounts to be proven at trial. E. Order Defendant Tri-State Security Agency, Inc., to pay punitive damages for its malicious and/or reckless conduct, in an amount to be determined at trial.

F. Grant such further relief as the Court deems necessary and proper; and, G. Award the Commission its costs in this action.
,~URY TRIAL DEMAND The Commission requests a jury trial on all questions of fact raised by the Complaint.
Respectfully submitted,
ERIC S. DREIBAND General Counsel JAMES L. LEE Deputy General Counsel GWENDOLYN YOUNG REAMS Associate General Counsel
KATHAR1NE W. KORES Regional Attorney
FAYF~. WILLIAMS Supervisory Trial Attorney TN Bar No. 11730
I~EIDRE SM~ Senior Trial Attorney TN Bar No. 18499 EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 1407 Union Avenue, Suite 621 Memphis, Tennessee 38104 Telephone: (901) 544-0140
5

 
 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TENNESSEE
SOUTHERN DIVISION

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff,
TRI-STATE SECURITY AGENCY, INC.,
Defendant.

Civil Action No. 1:04-CV-219
AMENDED COMPLAINT JURY TRIAL DEMANDED

NATURE OF THE ACTION This is an action under Title I of the Americans With Disabilities Act of 1990 and Title I of the Civil Rights Act of 1991, to correct unlawful employment practices on the basis of disability and to make whole Rocky Dillard (hereinafter referred to as "Dillard"). The Commission alleges that the Defendant discharged Rocky Dillard because of his learning disabilities and a seizure disorder.
JURISDICTION AND VENUE 1. Jurisdiction of this Court is invoked pursuant to 28 U.S.C. §8451, 1331, 1337, 1343, and 1345. This action is authorized and instituted pursuant to Section 107(a) of the Americans With Disabilities Act of 1990 ("ADA"), 42 U.S.C. 812117(a), which incorporates by reference Sections 706(f)(I) and (3) of Title VII of the Civil Rights Act of 1964 ("Title VII"), 42 U.S.C. 882000e5(f)(l) and (3), and pursuant to Section 102 of the Civil Rights Act of 1991, 42 U.S.C. 81981a. 2. The unlawful employment practices alleged below were and are now being committed in the Eastern District of Tennessee, Southern 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 I of the ADA and is expressly authorized to bring this action by Section 107(a) of the ADA, 42 U.S .C. § 12117(a), which incorporates by reference Sections 706(f)(1) of Title VII, 42 U.S.C. §2000e-5(f)(1). 4. At all relevant times, Defendant, Tri-State Security Agency, Inc., (hereinafter referred to as "Employer" or "Tri-State Security Agency") has been and is now a corporation doing business in the State of Tennessee and has continuously had and does now have at least fifteen (15) employees. Defendant employer is an agency engaged in the business of providing security to businesses in the Chattanooga area. 5. At all relevant times, Defendant Employer has continuously been an employer engaged in an industry affecting commerce within the meaning of § 101 (5) of the ADA, 42 U.S.C. §12111(5), and Section 107(7) of the ADA, 42 U.S.C. §12117(a), which incorporates by reference Sections 701(g) and (h) of Title VII, 42 U.S.C. §§ 2000e(g) and (h). 6 At all relevant times, Defendant Employer has been a covered entity under Section 101(2) of the ADA, 42 U.S.C. §12111(2).
STATEMENT OF CLAIMS 7. More than thirty (30) days prior to the institution of this lawsuit, Rocky Dillard filed a charge with the Commission alleging a violation of Title I of the ADA by Defendant Employer. All conditions precedent to the institution of this lawsuit have been fulfilled. 8. The Commission alleges that Rocky Dillard was hit by a car when he was nine years
2

old. He was in a coma for 18 days and sustained permanent brain damage, that has resulted in, among other things, a seizure disorder and a diagnosis of learning disabilities. At age 36, he started working for Defendant. This placement was his first job.
9. Defendant hired Mr. Dillard on February 2, 2000, as a security guard. His duties involved, among other things, patrolling designated buildings. He also drove a company vehicle. During his tenure, he worked the evening and night shift. Early on, Defendant considered terminating Mr. Dillard because he learned slowly and needed more time to acquire the job skills. However, Mr. Dillard’s sister, who was also employed by Defendant, became his supervisor. She and another employee, provided Mr. Dillard with the additional instruction and close supervision he needed to perform the essential functions of the job.
10. In late July of 2000, Defendant sought information about medications taken by employees. At that time, Defendant learned that Mr. Dillard was taking medication for a seizure disorder. Once Defendant learned about the medication, Mr. Dillard was terminated from his employment. Defendant determined that the it could not retain Mr. Dillard because of possible liability problems.
11. Since at least July 2000, Defendant Employer has engaged in unlawful employment practices in violation of the ADA, Section 102(a), 42 U.S.C. §§12112(a), at its Chattanooga, Tennessee facility. These practices include but are not limited to discharging Rocky Dillard, a qualified individual with a disability, because of his learning disability and a belief that Mr. Dillard was susceptible to seizures.
12. The effect of these practices complained of above has been to deprive Mr. Dillard of equal employment opportunities and otherwise adversely affect his status as an employee because

Defendant Employer discharged him because of his disability. 13, The unlawful employment practices complained of above were and are intentional. 14. Defendant Tri-State Security Agency, Inc., at all relevant times has been acting with
malice or reckless indifference to the federally protected rights of Rocky Dillard in violation of the ADA, 42 U.S.C. S12101 et seq.
PRAYER FOR RELIEF WHEREFORE, the Commission respectfully prays that this Court: A. Grant a permanent injunction enjoining the Defendant Tri-State Security Agency, Inc., 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 disability. B. Order Defendant to institute and carry out policies, practices and programs which provide equal employment opportunities for qualified individuals with disabilities, and which eradicate the effects of past and present unlawful employment practices. C. Order Defendant Tri-State Security Agency, Inc., to make whole Rocky Dillard by providing him with appropriate back pay with prejudgment interest, in amounts to be proved at trial, rightful place hiring, and other affirmative relief necessary to eradicate the effects of its unlawful employment practices. D. Order Defendant Tri-State Security Agency, Inc., to make whole Rocky Dillard by providing compensation for nonpecuniary losses, including emotional pain, suffering, inconvenience and mental anguish in amounts to be proven at trial. E. Order Defendant Tri-State Security Agency, Inc., to pay punitive damages for its malicious and/or reckless conduct, in an amount to be determined at trial.
4

F. Grant such further relief as the Court deems necessary and proper; and, G. Award the Commission its costs in this action.
JURY TRIAL DEMAND The Commission requests a jury trial on all questions of fact raised by the Complaint.
Respectfully submitted,
ERIC S. DREIBAND General Counsel JAMES L. LEE Deputy General Counsel
GWENDOLYN YOUNG REAMS Associate General Counsel
KATHARINE W. KORES Regional Attorney
Supervisory Trial Attorney TN Bar No. 11730
DEII) R~ Senior Trial Attorney TN Bar No. 18499
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 1407 Union Avenue, Suite 621 Memphis, Tennessee 38104 Telephone: (901) 544-0140

 
 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TENNESSEE
SOUTHERN DIVISION

EQUAL EMPLOYMENT OPPORTUNITY )

COMMISSION and ROCKY DILLARD,

)

Plaintiffs

)

)

v.

)

)

TRI-STATE SECURITY AGENCY, INC.,

)

Defendant

)

2JC~ ; - I /, II: 15

.,, ~ :
No.l:04-CV-219 Judge Curtis C611ier
Magistrate Judge Lee

" ;i
I. i :i;L
.. i ~ ;!{

COMPLAINT TO INTERVENE Come the plaintiff, Rocky Dillard, by and through counsel who would sue the defendant, TriState Security Agency, Inc., for damages and for cause would show as follows:

I. PRELIMINARY STATEMENT

I. This is an employment discrimination action seeking relief as authorized by Title I of the Americans with Disabilities Act of 1990, as amended, 42 U.S.C. §12101 et seq. and Title I of the Civil Rights Act of 1991,42 U.S.C. §1981a.

II. JURISDICTION

2. Thejurisdictionofthis Court is invoked pursuant to 28 U.S.C.§§451,1331, 1337,1343, and 1345. This action is authorized and instituted pursuant to Section 107(a) of the Americans With Disablities Act of 1990 ("ADA"), 42 U.S.C. §12117(a) which incorporates by referenced Sections 706(f)(1) and (3) ofTitle VII ofthe Civil Rights Actof1964 ("Title VII"), 42 U.S.C. §2000e-5(f)(1) and (3), and pursuant to Section 102 of the Civil Rights Act of 1991,42 U.S.C. §1981a.

III. PARTIES

3. Plaintiff, Rocky Dillard ("Dillard") is a male resident ofPolk County, Tennessee, and was
EXHIBIT
I ,

employed by the Defendant, Tri-State Security Agency, Inc., beginning February 2, 2000 as a security guard through its Chattanooga office in Hamilton County, Tennessee.
4. At all relevant times, Defendant, Tri-State Security Agency, Inc., ("Tri-State") was a corporation doing business in the State of Tennessee and has continuously had at least fifteen (15) employees. Defendant Tri-State is in the business ofproviding security guards to Chattanooga area businesses. Tri-State is an "employer" as that term is defined in Title I of the American with Disabilities of 1990 (" ADA").
5. At all relevant times, Defendant Tri-State has been an employer engaged in an industry affecting commerce within the meaning of §101 (5) of the ADA, 42 U.S.C. 12111(5) and sections 107(a) of the ADA, 42 U.S.C. §12117(a), which incorporate by reference §701 (g) and (h) of Title VII, 42 U.S.C. §2000e(g) and (h).
IV. EXHAUSTION OF REMEDIES
5. Prior to instituting this action, Plaintiff filed a timely charge of discrimination with the Equal Opportunity Employment Commission ("EEOC") pursuant to Title I of the ADA and 42 U.S.C. §12112. (Plaintiffs Charge of Discrimination is attached hereto as Exhibit A). On July 22, 2004 the EEOC filed a complaint against Tri-State Security Agency, Inc., based inter alia, on Defendant's unlawful and intentional patterns and practices of discrimination against its employees by discharging Rocky Dillard, a qualified individual with a disability, for taking medication for the treatment and prevention of seizures.
V. FACTS / CAUSE OF ACTION
6. Plaintiff was employed by Tri-State on February 2, 2000 to fill a position as a security guard during the evening and night shift. This position was his first job.
7. Plaintiff duties included but were not limited to patrolling designated buildings, partly

perfonned by operating a company vehicle. With a reasonable accommodation of additional instruction and close supervision, Plaintiffwas able to perfonn the essential functions of the job.
8. In July of 2000 Tri-State sought infonnation about medications taken by employees. At that time Tri-State learned about the medication taken by the Plaintiff for a seizure disorder. Once Defendant learned about the medication, Mr. Dillard was tenninated from his employment.
9. The conduct ofthe defendant described above constitutes unlawful discrimination on the basis of disability in violation of the ADA and 42 U.S.C. §12101 et seq.
10. Defendant's unlawful employment practices adversely affect the Plaintiffs status as an employee causing Plaintiffto suffer loss of salary and benefits.
11. Defendant's intentional unlawful employment practices were with malice or reckless indifference to the rights of the Plaintiff herein.
VI. PRAYER FOR RELIEF
WHEREFORE PREMISES CONSIDERED, Plaintiffrespectively requests that the Court: (a) Declare Defendant's practices as complained ofherein to be in violation of Title I ofthe American with Disabilities Act of 1990 and 42 U.S.C. §12101. (b) Grant Plaintiff reinstatement to his previous employment with full rights and benefits as ifhe was not discharged based on intentional discrimination (c) Grant Plaintiffan Order requiring Defendant to make him whole by appropriate back pay, front pay and all other benefits of employment lost as a result of the actions complained of herein in an amount to be proved at trial. (d) Grant Plaintiffany compensatory and/or punitive damages to which she is entitled under the above Title VII of the Civil Rights Act of 1964 as a result of the actions complained of herein, including but not limited to damages for his embarrassment, humiliation and emotional distress. (e) Grant Plaintiff a trial by jury.

(f) Grant Plaintiff his costs and expenses incurred herein, including a reasonable attorney's fee pursuant to 42 U.S.C. §1988.
(g) Grant Plaintiff such other further relief both general and specific as the court deems necessary and proper in this case.
Respectfully submitted, Roc illard, Plaintiff

W lam J. rown, BP # 5450 Attorney for the Plaintiffs 23 North Ocoee, P.O. Box 1001 Cleveland, Tn. 37364-1001 Ph. (423) 476-4515 Fax: (423) 476-2937

CERTIFICATE OF SERVICE
I certify that a true and correct copy ofthis Motion to Intervene, Complaint to Intervene and attached Memorandum of Law was served on counsel for the defendant by placing a copy of same in the U.S. Mail with sufficient postage to insure delivery and addressed and faxed to:

Deidre Smith, Attorney for Equal Employment Opportunity Commission 1407 Union Avenue, Suite 621 Memphis, TN 38104
on this the30~day of September, 2004.

John D. Barry, Attorney for

Tri-State Security Agency, Inc.

600 Georgia Avenue, Suite 4

Cha

ga, TN 37402

LIEEOClDilIard Mtn Intervene, Memo & Complaint

1 am J. Brown, Attorney 23 N. Ocoee, P.O. Box 1001 Cleveland, TN 37364-1001 Ph: 423-476-4515

 
 I.' 0 L-(-c v -;;4)C,

CHARGE OF DISCRIMINATION

IAGENCY
,0 FEPA

This form is affected by th~ Privacy Act of 1974; See Privacy Act Statement before !VI

completing this form.

bDJ EEOC

CHARGE NUMB

TENNESSEE HUMAN RIGHTS COMMISSION
State or local Agency, ifany

and EEOC

NAME (Indicate Mr., Ms" Mrs,)

HOME TELEPHONE (Include Area Cod,

Mr. Rockv L. Dillard
STREn ADDRESS

r't';'J1;

nl'T
(,;" !

':; 0

CITY, STATE AND ZIP CODE

~ r!l~~) 496-1l)2~
I: DATE OF BIRT

P 0 Box 184 Turtletown TN 37391

:

10/08/1g6 l

NAMED IS THE EMPLOYER J LABOR ORGANIZATION I EMPLOYMENT ,A(3E~CY APPA~~TICESHIP COMMITTEE I

STATE OR LOCAL GOVERNMENT AGENCY WHO DISCRIMINATED AGAINST ME (If' JIIore than one list below,)

NAME
Tri-State Security Agency
STREET ADDRESS

I NUMBER OF EMPLOYEES, MEMBERS

Tnc.

I Cat A (l5-100)

CITY, STATE AND ZIP CODE

l IT:~~~~;N; (I~c~~~:~a1;de) 'COUNTY

141)0 Mack Smith Road Chattanooga TN 17421
NAME

06')
ITELEPHONE NUMBER (Include Area Code)

STREET ADDRESS

CITY, STATE AND ZIP CODE

CAUSE OF DISCRIMINATION BASED ON (Check appropriate box(es))

DRACE

D COLOR

D RETALIATION

DSEX

D RELIGION

D NATIONAL ORIGIN

AGE

[KJ DISABILITY D OTHER (Specif'y)

THE PARTICULARS ARE (If' additional space is needed, attach extra sheet(s)):

I COUNTY

I

I

DATE DISCRIMINATION TOOK PLACE

EARLIEST

LATEST

07/27/2000 07/31/2000

D CONTINUING ACTION

I.
I •
I II.
, I
1
i
;
:
III.

I was discharged from my position on 7/31/00. I had been employed since February 2 , 2000, and the company employs over 15.

I was told that I was too slow. My sister was told that because I take phenabarbital they didn't want me driving their jeeps, and fel t that I was a danger on the job. They said that their insurance would not cover me working there, and after 6 months of employment they felt that .!- was too slow.

I believe that I have been discriminated against because of

my dlsablllty,

ln

vlolatlon

0 1~

Tltle

-I .

.,
01

the

AI merlcans

W~~H - T ~ ...... 1--

Disabilities Act of 1990.

I _&~

D 01 I want this charge tHed with both the EEOC and the State NOTARY· (When necessary for'sf~f~~~"il~cwire~/nts)

local Agency J if any. I will advise the agencies if I change my

'~,-~.,~ ~ __ '. >. ,., '. ~~ ",~7'

a.ddress. or telephone number and cooperate fully with them in the I' ~ s~lear or :ffirm that I have read the""a1rove,:'Ctlllrge and th~t

orocess~n of my charge 1n accordance with their procedures.

~t ~s true cO the !:lest of my Knowledge, lnformanon and be_let.

! "--lare under penalty of perjury ~nat the foregoing is true a' rrect.

SIGNATURE OF COMPLAINANT

0 Jate\ i) -

.<-,
\ . \-

l ~

;::DC FORM 5 (Rev. 06/99)

~

. _

\:i ",d, i\,. \',_"

('~

, \

f"'o-

~

L. I.... '\L\i (I

•. 1

.

,_,

Charg~ng Party (Signa!:Ure)

SUBSCRIBED AND SWORN TO BEFORE ME THIS DATE
(Month, day and year)
CHARGiNG PARTY COpy

 
 THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TENNESSEE AT CHATTANOOGA

EQUAL EMPLOYMENT OPPORTUNITY

)

COMMISSION,

)

)

Plaintiff

)

and,

)

)

ROCKY DILLARD

)

)

Intervening Plaintiff,

)

)

Civil Action No.

v.

)

1:04-CV-219

)

TRI-STATE SECURITY AGENCY, INC.,

)

Judge Collier

)

Magistrate Lee

Defendant

)

)

JURY TRIAL DEMANDED

)

)

)

CONSENT DECREE

This action was instituted by the E qual Employment Opportunity Commission (hereinafter the "Commission") against Defendant,Tri-State Security Agency, Inc., pursuant to Section 107(a) of the Americans With Dis abilities Act of 1990 ("ADA"), 42 U.S.C. § 12117(a), which incorporates by reference Sections 706(f)(1) and(3) of Title VII of the Civil Rights Act of 1964 ("Title VII"), 42 U.S.C.§§2000e-5(f)(1) and (3), and pursuant to Section 102 of the Civil Rights Act of 1991, 42 U.S. C. §1981(A). The Complaint alleged that Defendant discharged Rocky Dillard because of hi s learning disabilities and a seizure disorder. Mr. Dillard raised similar issues in his Complaint in Intervention.
The Defendant denies that it engaged in theunlawful employment practices alleged

by the Commission and maintains that the actionsof its officials were proper and lawful in all regards. This Consent Decree does not constitute an admission by the Defendants of the allegations of the Complaint. However, as all parties to this action desire to avoid the additional expense and delay in the litigation of this case, the Commission, the Plaintiff Intervenor, and the Defendant have agreed to settle all claims involved in this lawsuit.
In the event this proposed Consent Decree is not approved or does not become final, it shall not be admissible in evidence in any subsequent proceeding in this action.
This Consent Decree constitutes the complete and exclusive agreement between the parties wi th respect to the matters referred to herein. No waiver, modification or amendment of any provision of this Consent Decree shall be effective unless made in writing. No representations or inducements to compromise this action have been made, other than those recited or referenced in this Consent Decree. No further statutory or other relief pursuant to the ADA or Civil Rights statutes or payment of any kind pursuant thereto will be sought by any parties, save action for any future violation of this Consent Decree.
The Court has reviewed the terms of the proposed Consent Decree in light of the applicable laws and regulat ions, the statement s and representations of counsel for all parties, and hereby approves the Consent Decree.
It is hereby ORDERED, ADJUDGED AND DECREED: I. JURISDICTION
The United States District Court for the Eastern District of Tennessee, Southern Division, has jurisdiction over the parties and subject matter of this litigation.
II. SCOPE AND DURATION OF DECREE 2

A. This Consent Decree resolves all issues and claims arising out of the Commission's Complaint in this cause, allegni g unlawful employment policies and practices maintained by the Defendant and arising out of Charge No. 253-A1-0080, filed by the Plaintiff-Intervenor, Rocky Dillard, with the Commission. Notwithstanding any provisions contained in this Decree, this agreement s hall not be consider ed in any manner to be dispositive of any charge now pending before any office of the Commission other than Charge No. 253-A1-0080. The Commission will divluge to the Defendantwhether there are pending charges.
B. The provisions of this Consent Decree shall continue to be effective and binding upon the parties to this action for three years.
III. INJUNCTION PROVISIONS A. The Defendant, its officers, management employees, and all persons acting in concert with the Defendantare hereby enjoined from intentionally discriminating against a qualified individual with a disability because of the disability of such individual in regard to discharge and other terms, conditions, and privileges of employment. B. The Defendant, its officers, management employees, and all persons acting in concert with the Defendant shall not intentionally engage in any employment practice which has the purpose or effect of discriminating against any individual on the basis of a disability under the Americans With Disabilities Act of 1990.
IV. NON-RETALIATION PROVISION The Defendant, its officers, managem ent employees, and all persons acting in concert with the Defendant s hall not discriminate against any individual because such
3

individual has opposed any act or practice made unlawful by the Americans With Disabilities Act or because such individual made a charge, testified, assisted, or participated in any manner inan investigation, proceeding,or hearing under the Americans With Disabilities. The Plaintiff-Intervenor is nost eeking reinstatementof employment in this action.
V. TRAINING Defendant shall retain an outside consultant to provide training in the workplace for its staff, including its managem ent, at its Chattanooga, Tennessee facility regarding the Americans With Disabilities Act of 1990. (a) The training session will include at least two (2) hours of instruction. (b) The training will include the following topics: what constitutes employm ent discrimination in violation ofAmericans With DisabilitiesAct of 1990; how to prevent, identify, and rem edy disability discrimi nation; what constitutes reasonable accommodation under the Americans With Disabilities Act of 1990, what constitutes retaliation in violation of ADA; Defendant’s policy against disability discrimination and retaliation; and implementation of Defendant’s policy against employment discrimination, including procedures and responsibilities for reporting, investigating, and remedying conduct an employee believes may constitute employment discrimination under the Americans With Disabilities Act of 1990. (c) The training will be conducted within 120 days after entry of the Decree by the Clerk of the Court. Within twenty days after the completion of this training, Defendant will submit a report to Katharine W. Kores, Regional Attorney, athte address indicated below, confirming that this
4

training has occurred. A stat ement from the outside consultant/trainer stating that the training was conducted and the date and duration thereof will satisfy this requirement.
VI. NOTICE POSTING The Defendant shall continue to conspci uously post at its Chattanooga, Tennessee office, the notice (posters) required to be posted pursuant to t he Americans With Disabilities Act of 1990. Furthermore, the Defendant shall conspicuously post the notice at Appendix A of this Decree at its Chatat nooga facility for three years commencing within ten (10) days after entry of this Decree by the Court.
VII. INDIVIDUAL RELIEF The Defendant shall deliver to William J.Brown, counsel for Rocky Dillard, a check or checks made payable to "Rocky Dillard and William J. Brown" in a total amount not to exceed $30,000.00 at the following address withi n thirty (30) days after entry of this Decree. William J. Brown William J. Brown & Associates 23 N. Ocoee, P.O. Box 1001 Cleveland, Tennessee 37364-1001 Defendant will also forward copies of the checks to Katharine W. Kores, Regional Attorney, 1407 Union Avenue, Suite 621, Memphis, TN 38104.

VIII. COSTS

Each of the parties shall bear t heir own costs, including attorneys' fees. IT IS SO

ORDERED THIS DAY OF

, 2005.

5

/s/ CURTIS L. COLLIER UNITED STATES DISTRICT JUDGE
6

FOR DEFENDANT:
s/ John D. Barry (by permission DS)
JOHN D. BARRY TN Bar No. 005813 Milligan, Barry, Evans & Atherton 600 Georgia Avenue, Suite 4 Chattanooga, TN 37402 (423) 648-7001 Attorney for Tri-State Security Agency, Inc. (901) 843-2466

FOR THE COMMISSION:
ERIC S. DREIBAND General Counsel
JAMES LEE Deputy General Counsel
GWENDOLYN YOUNG REAMS Associate General Counsel
s/ Katharine W. Kores
KATHARINE W. KORES Regional Attorney TN Bar No. 6283
s/ Faye A. Williams
FAYE WILLIAMS Supervisory Trial Attorney TN Bar No. 011730
s/ Deidre Smith
DEIDRE SMITH Senior Trial Attorney TN Bar No. 018499 EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 1407 Union Avenue, Suite 621 Memphis, Tennessee 38104 (901) 544-0140

FOR PLAINTIFF INTERVENOR
s/ William J. Brown (by permission DS)
WILLIAM J. BROWN TN Bar No. 005450 William J. Brown & Associates 23 N. Ocoee, P.O. Box 1001 Cleveland, Tennessee 37364-1001 (423) 576-4515 Attorney for Rocky Dillard APPENDIX A
7

NOTICE

1. This Notice to all employees of Tri-State Security Agency, Inc., Inc. isbeing posted as part of the remedy agreed to between Tri-State Security Agency, Inc., and the Equal Employment Opportunity Commission in settlement of a complaint of employment discrimination filed by a former employee. The settlement provided for a lump sum payment to the employee.
2. Federal law requires that there be nodiscrimination against any employee because of a disability under the Americans With Disabilities Act of 1990.
3. Tri-State Security Agency, Inc. supportsand will comply with such Federal law in all respects and will not take any action against employees becau se they have exercised their rights under the law by filing charges with the Equal Employment Opportunity Commission and/or testified, assisted or participated in any manner in any investigation, proceeding or hearing under the Americans With Disabilities Act of 1990.
4. The posting of this Noticeby Tri-State Security Agency,Inc., does not constitute an admission by Tri-State Security Agency, Inc., of any liability under Federal law.
5. This Notice shall be posted at Chattanooga office of Tri-State Security Agency, Inc., for three years.

SIGNED this day of

, 2005.

8

 
 U.S. District Court - CM/ECF Live Database - Docket Report

https://ecf.tned.uscourts.gov/cgi-bin/DktRpt.pl?389419061533167-L_3...

U.S. District Court (Live Database) U.S. District Court - Eastern District of Tennessee (Chattanooga)
CIVIL DOCKET FOR CASE #: 1:04-cv-00219

CLOSED

Equal Employment Opportunity Commission v. Tri-Sate Security, Inc. Assigned to: Honorable Curtis L Collier Referred to: Magistrate Susan K Lee Cause: 42:2000e Job Discrimination (Employment)

Date Filed: 07/22/2004 Date Terminated: 01/26/2005 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

Plaintiff
Equal Employment Opportunity Commission

represented by Deidre Smith United States of America Equal Employment Opportunity Commission 1407 Union Avenue Suite 621 Memphis, TN 38104 901-544-0140 Fax: 901-544-0111 Email: deidre.smith@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Faye A Williams United States of America-EEOC-Memphis Equal Employment Opportunity Commission 1407 Union Avenue Suite 621 Memphis, TN 38104 901-544-0088 Fax: 901-544-0111 Email: faye.williams@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Katharine W Kores United States of America Equal Employment Opportunity Commission 1407 Union Avenue Suite 621 Memphis, TN 38104 901-544-0140 Fax: 901-544-0111 Email: katharine.kores@eeoc.gov

1 of 3

6/4/2007 1:26 PM

U.S. District Court - CM/ECF Live Database - Docket Report

https://ecf.tned.uscourts.gov/cgi-bin/DktRpt.pl?389419061533167-L_3...

Intervenor Plaintiff Rocky Dillard
V. Defendant Tri-Sate Security, Inc.

LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by William J Brown William J. Brown & Associates P O Box 1001 Cleveland, TN 37364-1001 423-476-4515 Email: leisalaw@bellsouth.net LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by John D Barry Milligan, Barry, Evans & Atherton 600 Georgia Avenue Suite 4 Chattanooga, TN 37402 423-648-7001 Fax: 423-648-7010 Email: jbarry@chattanoogalawyers.net ATTORNEY TO BE NOTICED

Date Filed 07/22/2004 08/12/2004 09/13/2004 10/01/2004 10/06/2004 10/06/2004

#

Docket Text

1 COMPLAINT against Tri-Sate Security, Inc., filed by plaintiff Equal Employment Opportunity Commission. (Attachments: #(1) Civil Cover Sheet)(TJG) (Entered: 07/26/2004)
2 AMENDED COMPLAINT against Tri-Sate Security, Inc. , filed by Equal Employment Opportunity Commission.(TJG, ) (Entered: 08/12/2004)
3 WAIVER OF SERVICE Returned Executed by Equal Employment Opportunity Commission. Tri-Sate Security, Inc. waiver sent on 8/19/2004, answer due 10/18/2004. (TJG, ) (Entered: 09/16/2004)
4 MOTION TO INTERVENE as a party plaintiff by Atty William J. Brown on behalf of Rocky Dillard. (Attachments: #(1) Exhibit 1: Complaint)(TJG, ) (Entered: 10/06/2004)
5 MEMORANDUM in Support of Motion re 4 MOTION to Intervene. (TJG, ) (Entered: 10/06/2004)
6 NOTICE of Hearing on Motion 4 MOTION to Intervene: Motion Hearing set for 10/22/2004 09:00 AM in Courtroom 4 before Magistrate Susan K Lee. (TJG, ) (Entered: 10/06/2004)

2 of 3

6/4/2007 1:26 PM

U.S. District Court - CM/ECF Live Database - Docket Report

https://ecf.tned.uscourts.gov/cgi-bin/DktRpt.pl?389419061533167-L_3...

10/14/2004 10/14/2004
10/29/2004 10/29/2004 11/08/2004 11/24/2004 12/01/2004 12/01/2004 12/14/2004 12/14/2004 12/22/2004
01/26/2005

7 Defendant's ANSWER to Amended Complaint by Tri-Sate Security, Inc..(Barry, John) (Entered: 10/14/2004)
8 AGREED ORDER PERMITTING INTERVENTION that Rocky Dillard is permitted to intervene as an interested party represented by counsel, William J. Brown 4 . Signed by Judge Susan K Lee on 10/14/04. (ALR, ) (Entered: 10/14/2004)
9 SUPPLEMENT (Charge of Discrimination) to 1 Complaint, 2 Amended Complaint by Rocky Dillard, Equal Employment Opportunity Commission. (TJG, ) (Entered: 10/29/2004)
10 ANSWER to Complaint of Intervening Plaintiff by Tri-Sate Security, Inc..(Barry, John) (Entered: 10/29/2004)
11 NOTICE of Hearing: Scheduling Conference set for 11/8/2004 02:30 PM before Honorable Curtis L Collier. (CHP, ) (Entered: 11/09/2004)
12 DISCLOSURES by Tri-Sate Security, Inc..(Barry, John) (Entered: 11/24/2004)
13 DISCLOSURES by Equal Employment Opportunity Commission.(Williams, Faye) (Entered: 12/01/2004)
14 DISCLOSURES by Rocky Dillard.(Brown, William) (Entered: 12/01/2004)
15 SUBPOENA Returned Executed as to Larry Jones on 12-6-04 (Barry, John) (Entered: 12/14/2004)
16 AGREED ORDER directing production, inspection and copying of certain records held by the SSA pertaining to claimant Rocky Dillard.Signed by Judge Susan K Lee on 12/13/04. (GRE, ) (Entered: 12/14/2004)
17 SCHEDULING ORDER: Jury Trial set for 11/7/2005 09:00 AM in First Floor Courtroom before Honorable Curtis L Collier. Final Pretrial Conference set for 10/28/2005 04:00 PM before Honorable Curtis L Collier. Discovery due by 8/26/2005. Motions due by 9/2/2005.Signed by Judge Curtis L Collier on 12/22/2004. (CHP, ) (Entered: 12/22/2004)
18 CONSENT JUDGMENTSigned by Judge Curtis L Collier on 1/26/2005. (CHP, ) (Entered: 01/26/2005)

PACER Service Center

Transaction Receipt

06/04/2007 14:28:47

PACER Login: hs0328

Client Code: eeoc

Description: Docket Report Search Criteria: 1:04-cv-00219

Billable Pages: 2

Cost:

0.16

3 of 3

6/4/2007 1:26 PM