,IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS
VICTORIA DIVISION

UNFrE.D STATES COURTS SOUTHERN DISTRICT OF TEXAs
FILED Michael N. Milby, Clerk of Courl

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Plaintiff,
Vo
U.S. CONTRACTORS, INC., Defendant.

Civil Action No. ’~]- 0"-~- % 1
COMPLAINT AND JURY TRIAL DEMAND

NATURE OF ACTION This is an action under Title VII of the Civil Rights Act of 1964, as amended and Title I of the Civil Rights Act of 1991, to correct unlawful employment practices on the basis of sex, female and retaliation, and to provide appropriate relief to Elva Griffin, Anita Herriges, Lynn Stoebner, Aniyeritza Velazquez and other similarly situated females, who were adversely affected by such practices. The U.S. Equal Employment Opportunity Commission (the "Commission") alleges that the Defendant, U.S. Contractors, Inc. ("U.S. Contractors"), engaged in discriminatory employment practices by subjecting Elva Griffin, Lynn Stoebner, Aniveritza Velazquez and other similarly situated females, to sexual harassment from male employees, in violation of Section 703(a) of Title VII. The Commission also alleges that Anita Herdges and other similarly situated females were disparately discharged based on their sex. The Commission also alleges that Elva Griffin was also subjected to retaliatory demotion in violation of Section 704(a) of Title VII. The Commission further alleges that Elva Griffin, Lynn Stoebner, Aniveritza Velazquez, Anita Herriges and other similarly situated females were also subjected to disparate treatment and then discharged in violation of Section 704(a) of Title VII in retaliation for complaining about sex discrimination, or for

otherwise participating in protected activity covered under Title VII. 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 706(f)(1) and (3) of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e-5(f)(1) and (3) ("Title VII"), and Section 102 of the Civil Rights Act of 1991, 42 U.S.C. § 1981a.
2. The employment practices alleged to be unlawful were committed within the jurisdiction of the United States District Court for the Southern District of Texas, Victoria Division.
PARTIES 3. Plaintiff, the Commission, is the agency of the United States of America charged with the administration, interpretation and enforcement of Title VII, and is expressly authorized to bring this action by Section 706(f)(1) and (3) of Title VII, 42 U.S.C. § 2000e-5(f)(1) and (3). 4. At all relevant times, Defendant U.S. Contractors has continuously been a Texas corporation doing business in the State of Texas and Calhoun County, Texas, and has continuously had at least 15 employees. 5. At all relevant times, Defendant U.S. Contractors has continuously been an employer engaged in an industry affecting commerce within the meaning of Sections 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, Elva Griffin, Anita Herriges, Lynn Stoebner and Aniveritza Velazquez filed charges with the Commission alleging violations of Title VII by Defendant U.S. Contractors.

Plaintiffs Original Complaint

Page 2

7. All conditions precedent to the institution of this lawsuit have been fulfilled. 8. Since at least June 2001, Defendant U.S. Contractors has engaged in unlawful employment practices at a project site in Calhoun County, Texas, in violation of Section 703(a)(1) of Title VII, 42 U.S.C. §2000e-2(a)(1) by: a. subjecting Elva Griffin, Lynn Stoebner, Aniveritza Velazquez and other similarly
situated females, to sexual harassment from male supervisors, co-workers, and other males on the job site; b. disparately discharging Anita Herriges and other similarly situated females based on their sex; and c. discharging Elva Griffin, Lynn Stoebner, Aniveritza Velazquez and other similarly situated females after they complained about sex discrimination. 9. Since at least June 2001, Defendant U.S. Contractors has engaged in unlawful employment practices at a project site in Calhoun County, Texas, in violation of Section 704(a) of Title VII, 42 U.S.C. §2000e-3(a) by: a. subjecting Elva Griffin to a retaliatory demotion; and b. discharging Elva Griffin, Lynn Stoebner, Aniveritza Velazquez, Anita Herdges and other similarly situated females after they complained about sex discrimination, or for otherwise participating in a protected activity under Title VII. 10. The effect of the practices complained of in paragraphs eight and nine above has been to deprive Elva Griffin, Anita Hen’iges, Lynn Stoebner, Aniveritza Velazquez and other similarly situated females of equal employment opportunities and to otherwise adversely affect their status as employees, because of their sex and retaliation.

Plaintiff’s Original Complaint

Page 3

11. The unlawful employment practices complained of in paragraphs eight and nine above were and are intentional.
12. The unlawful employment practices complained of in paragraphs eight and nine above were and are done with malice or with reckless indifference to the federally protected rights of Elva Griffin, Anita Herfiges, Lynn Stoebner, Aniveritza Velazquez and other similarly situated females.
PRAYER FOR RELIEF Wherefore, the Commission respectfully requests that this Court: A. Grant a permanent injunction enjoining Defendant U.S. Contractors, its officers, successors, assigns, and all persons in active concert or participation with it, from engaging in retaliation and from any other employment practice which facilitates, condones, or encourages retaliation, and from any other employment practice which discriminates on the basis of retaliation; B. Grant a permanent injunction enjoining Defendant U.S. Contractors, its officers, successors, assigns, and all persons in active concert or participation with it, from subjecting its female employees to a sexually hostile work environment because of their sex and from any other employment practice which discriminates on the basis of sex; C. Order Defendant U.S. Contractors to institute and carry out policies, practices, and programs which provide equal employment opportunities for females, and to individuals who participate in protected activity under Title VII, and which eradicate the effects of its past and present unlawful employment practices; D. Order Defendant U.S. Contractors to make whole Elva Griffin, Anita Herriges, Lynn Stoebner, Aniveritza Velazquez and other similarly situated females, by providing appropriate back pay with prejudgment interest, in an amount to be determined at trial, and other affirmative relief

Plaintiff’s Original Complaint

Page 4

necessary to eradicate the effects of its unlawful employment practices, including, but not limited to, the reinstatement of Elva Griffin, Anita Herriges, Lynn Stoebner, Aniveritza Velazquez and other similarly situated females, or front pay in lieu thereof;
E. Order Defendant U.S. Contractors to make whole Elva Griffin, Anita Herriges, Lynn Stoebner, Aniveritza Velazquez and other similarly situated females, by providing compensation for past and future pecuniary losses resulting from the unlawful employment practices described in paragraphs eight and nine above, including, but not limited to, relocation expenses, job search expenses and medical expenses, in an amount to be determined at trial;
F. Order Defendant U.S. Contractors to make whole Elva Griffin, Anita Herriges, Lynn Stoebner, Aniveritza Velazquez and other similarly situated females, by providing compensation for past and future nonpecuniary losses resulting from the unlawful employment practices complained of in paragraphs eight and nine above, including, but not limited to, emotional pain, suffering, humiliation, embarrassment, emotional distress, stress, anxiety, inconvenience, and loss of enjoyment of life, in an amount to be determined at trial;
G. Order Defendant U.S. Contractors to pay Elva Griffin, Anita Herriges, Lynn Stoebner, Aniveritza Velazquez and other similarly situated females punitive damages for its malicious and reckless conduct described in paragraphs eight and nine above, in an amount to be determined at trial;
H. Grant such further relief as the Court deems necessary and proper in the public interest; and
I. Award the Commission its costs of this action.

Plaintiffs Original Complaint

Page 5

JURY TRIAL DEMAND
The Commission requests a jury trial on all questions of fact raised by its complaint.
Respectfully submitted,
JAMES L. LEE Deputy General Counsel
GWENDOLYN YOUNG REAMS Associate General Counsel

ROBERT B. HARWlN Regional Attorney District of Columbia Bar No. 076083

Plaintiff’s Original Complaint

JUD1TH G. TAYLOR Supervisory Trial Attorney Texas State Bar No. 19708300 Federal I.D. No. 14850
DAVID C. RIVELA Texas State Bar No. 00797324 Federal I.D. No. 32914 Attorney-in-Charge
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION San Antonio District Office 5410 Fredericksburg Road, Suite 200 San Antonio, TX 78229-3555 Telephone: (210) 281-7619 Facsimile: (210) 281-7669
ATTORNEYS FOR PLAINTIFF
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 Case 6:03-cv-00081 Document 6 Filed in TXSD on 08/18/03 Page 1 of 1

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS
VICTORIA DIVISION

UNITED STATES COURTS
SOUTHERN DISTRICT OF TEXAS ENTERED
AUG 1 9 2003

EQUAL EMPLOYMENT OPPORTUNITY §

COMMISSION,

§

Michael N. Milby, clerk of Court

VS. U.S. CONTRACTORS, INC.,

§
Plaintiff, §
§ § §

CIVIL ACTION NO. V-03-81

§
Defendant. §

ORDER GRANTING MOTION TO CONSOLIDATE

On this day came on to be considered the parties' Agreed Motion to Consolidate. The

Court, after consideration of said motion and responses thereto, is of the opinion that said motion

should be granted. It is therefore

ORDERED that the Agreed Motion to Consolidate is hereby granted.

IT IS FURTHER ORDERED that the Clerk of the Court shall consolidate this case with

Civil Action No. V-03-77, Elva GrWìn, Anita Herriges, Aniyerita Velazquez, and Lynn Stoebner vs. Formosa Plastics Corporation, Texas, Formosa Plastics Corporation, US.A., Glenn Dobbs,

Mitch McBride, Severo Lopez, Joe Frank Rodriguez, US. Contractors, Inc. and US.

Contractors, Ltd., in the U.S. District Court for the Southern District of Texas, Victoria Division,

resulting in Cause No. V-03-77.

/1 SIGNED this

day of

2003.

S. DISTRICT J DGE

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 DC CM/ECF LIVE- US District Court-Texas Southern - Docket Report

https://ecf.txsd.uscourts.gov/cgi-bin/DktRpt.pl?205306292300428-L_3...

CLOSED, MEMBER
U.S. District Court SOUTHERN DISTRICT OF TEXAS (Victoria) CIVIL DOCKET FOR CASE #: 6:03-cv-00081

Equal Employment Opp v. U.S. Contractors, In Assigned to: Judge John D. Rainey Demand: $0 Cause: 42:1983 Civil Rights Act
Plaintiff Equal Employment Opportunity Commission

Date Filed: 07/25/2003 Date Terminated: 12/22/2004 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff
represented by Robert B Harwin EEOC Fax 210 281 7669 5410 Fredericksburg Rd Ste 200 San Antonio, TX 78229-3555 210-281-7613 LEAD ATTORNEY ATTORNEY TO BE NOTICED

David Carl Rivela Attorney at Law 5410 Fredericksburg Rd Ste 200 San Antonio, TX 78229 210-281-7619 Email: david.rivela@eeoc.gov ATTORNEY TO BE NOTICED

Judith Georgann Taylor EEOC 5410 Fredericksburg Rd Ste 200 San Antonio, TX 78229-3555 210-281-7673 Fax: 210-281-7669 fax Email: judith.taylor@eeoc.gov ATTORNEY TO BE NOTICED

V. Defendant U. S. Contractors, Inc.

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DC CM/ECF LIVE- US District Court-Texas Southern - Docket Report

https://ecf.txsd.uscourts.gov/cgi-bin/DktRpt.pl?205306292300428-L_3...

Date Filed 07/25/2003 07/29/2003
08/01/2003 08/07/2003 08/13/2003 08/15/2003 08/18/2003
08/19/2003

#

Docket Text

1 COMPLAINT by Equal Employment Opportunity Commission filed; (lmunoz) (Entered: 07/29/2003)
2 Order setting Initial Pretrial and Scheduling Conference on 11/3/03 at 9:40 a.m. and Order to Disclose Interested Persons, filed. ( Signed by Judge John D. Rainey ) Parties notified. (lmunoz) (Entered: 07/29/2003)
SUMMONS (1) issued (lmunoz) (Entered: 08/01/2003)
3 AGREED MOTION to consolidate cases , filed. (lmunoz) (Entered: 08/08/2003)
4 PLAINTIFF'S DISCLOSURE OF INTERESTED PARTIES filed. (lmunoz) (Entered: 08/13/2003)
5 WAIVER OF SERVICE Returned Executed as to U.S. Contractors, In 8/12/03 , filed. (lmunoz) (Entered: 08/15/2003)
6 ORDER GRANTING MOTION TO CONSOLIDATE; the Clerk of the Court shall consolidate Civil Action V-03-81 with Civil Action V-03-77 , entered; Parties notified. ( signed by Judge John D. Rainey ) (lmunoz) (Entered: 08/19/2003)
Consolidated Member Case : V-03-81 Lead Case Number: V-03-77 (lmunoz) (Entered: 08/19/2003)

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 1. EEOC Case ID#: EE-TX-0391
2. Docket number/Court of each of the related or consolidated cases: United States District Court for the District of Texas; CV-03-00077 and CV-03-00081.
3. Related or consolidated? Consolidated
4. Docket entry # (or other location) where consolidation or relation appears: Docket entry # in case CV-03-00077 and docket entry #6 in CV-03-00081.
5. Date of consolidation/relation? 08/18/2003.
6. Terms of the consolidation (e.g. “consolidated for purposes of discovery only, trial to be in front of original judge” or “consolidated for purposes of discovery; decision on trial consolidation to be made later”): Lead case CV-03-00077
7. For each case, who are the parties (include charging parties if EEOC is plaintiff) and what is the basic theory of the case? (e.g. sexual harassment, age discrimination) CV-03-00077: plaintiffs are Elva Griffin, Anita Herriges, Anuyerita Velazquez, Lynn Stoebner and EEOC (Consol Plaintiff); defendants are Formosa Plastics Corporation – Texas, Formosa Plastics Corporation – USA, Glenn Dobbs, Mitch McBride, Severo Lopez, Joe Frank Rodriguez, U.S. Contractors, Inc., U.S. Contractors, LTD; movant is Ronald J. Hare. Theory: sex discrimination in violation of Title VII and of TX state law.
CV-03-00081: plaintiff is EEOC; defendant is U.S. Contractors, Inc. Theory: sex discrimination and retaliation for complaining
8. Briefly describe the procedural history of each case prior to their being related or consolidated. CV-03-00077: original complaint not on the docket but the first docket entry is a notice of removal, so maybe originally filed in state court (dated 07/18/2003)? Little activity prior to consolidation.
CV-03-00081 filed on 07/25/2003. Little activity prior to consolidation.
9. After the cases were related/consolidated, what happened? was one case designated the lead case and all subsequent activity appears on that case docket? do both dockets contain lots of subsequent entries and if so, are they mostly or entirely duplicative, or do they indicate different types of activities in the two cases? All subsequent litigation activity appears on CV-03-00077 docket until case settled by consent decree on 12/22/2004.