EASTM~l~~RuRT . ARKANSAS

IN THE UNITED STATES DISTRICT COURT

SEP 25 2000

FOR THE EASTERN DISTRICT OF ARKANS

PINE BLUFF DIVISION

By:
~~r.....L-~~

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff, v. GLOBAL MATERIAL SERVICES
Defendant.

)

)

)

) CIVIL ACTION NO j i IJUvaD ..3):J

~ ~ ~ Thfs

Dlatrtct Jud;l. it.

) and to Magistrate Judg....~_"__

)

)

) JURY TRIAL DEMAND

)

NATURE OF THE ACTION This is an action under Title Vll of the Civil Rights Act of 1964, as amended ("Title Vll"), and Title I of the Civil Rights Act of 1991 to correct unlawful employment practices and to provide appropriate relief on behalf of Darlene Worthen, Mary Donaldson, Christy Park and other female employees. Ms. Worthen, Ms. Donaldson, and Ms. Park were discriminated against by Defendant by being subjected to sexual harassment caused by the inappropriate sexual actions, overtures, and behavior of male supervisors and co workers and were later constructively discharged for rejecting sexual advances.
JURISDICTION AND VENUE 1. Jurisdiction of this Court is invoked pursuant to 28 U.S.c. §§451, 1331, 1337, 1343, and 1345. This is an action authorized and instituted pursuant to §706(f)(1) and (3) and §706 and §707 of Title Vll of the Civil Rights Act of 1964, as amended, 42 U.S.C. §2000e, et seq. ("Title Villi). 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 Eastern District of

Arkansas, Pine Bluff 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)(1) and (3)

and §707 of Title VII, 42 U.S.c. §2000-5(f).

4. At all relevant times, Defendant Global Material Services ("Defendant

Employer"), was a limited liability corporation doing business in the State of Arkansas and the

City of Pine Bluff and has continuously had at least fifteen (15) employees.

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 of this lawsuit, Darlene

Worthen, Mary Donaldson, and Christy Park filed charges of discrimination with the

Commission alleging violations of Title VII by Defendant Employer including sexual harassment

and discharge. During the course of the investigation, allegations of sexual harassment towards

previous female employees were discovered. All conditions precedent to the institution of this

lawsuit have been fulfilled.

COUNT I

7.

From on or around January of 1999 and continuing, Defendant Employer has

2

engaged in unlawful employment practices at its facility in Pine Bluff, Arkansas, in violation of §703(a) of Title Vll, as amended, 42 U.S.c. §2000e-2(a). The unlawful practices include, but are not limited to, sexual harassment of Ms. Worthen, Ms. Donaldson, Ms. Park, and previously employed female employees.
8. The effect of the practices complained of above has been to deprive Ms. Worthen, Ms. Donaldson, and Ms. Park of equal employment opportunities and otherwise adversely affect their status as employees.
9. Beginning in January of 1999, Ms. Donaldson and Ms. Park began complaining to their immediate supervisor, Darlene Worthen, that they were being subjected to sexual harassment by other male supervisors and male co workers. Ms. Worthen reported the unlawful conduct to her immediate supervisor as well as corporate officials. Ms. Worthen was subjected to this harassment as well. The harassment included, but was not limited to, sexual touching, sexually explicit email and screen savers, sexual jokes, abusive language, and requests for sexual favors.
10. The unlawful employment practices complained of above were and are intentional.
11. Defendant Employer at all relevant times acted with malice or reckless indifference to the federally protected rights of Ms. Worthen, Ms. Donaldson, and Ms. Park.
COUNT II 12. From on or around January of 1999 and continuing, Defendant Employer has engaged in unlawful employment practices at its facility in Pine Bluff, Arkansas, in violation of §703(a) of Title Vll, as amended, 42 U.S.C. §2000e-2(a). The unlawful practices include, but
3

are not limited to, sexually harassing previous and current female employees because of their sex. 13. The effect of the practices complained of above has been to deprive female
employees of equal employment opportunities and otherwise adversely affect their status as employees.
14. The unlawful employment practices complained of above were and are intentional.
15. Defendant Employer at all relevant times acted with malice or reckless indifference to the federally protected rights of female employees and female applicants.
COUNT III 16. Since at least January of 1999, Defendant Employer has engaged in unlawful employment practices at its facility in Pine Bluff, Arkansas, in violation of §703(a) of Title VII, as amended, 42 U.S.C. §2000e-2(a) and §704 of Title VII, as amended, 42 US.c. §2000e-3. The unlawful practice includes constructively discharging Ms. Worthen, Ms. Donaldson, and Ms. Park 17. The effect of the practices complained of above has been to deprive them of their federally protected rights and equal employment opportunities and otherwise adversely affect their status of employment. 19. The unlawful employment practices complained of above were and are intentional. 20. Defendant Employer at all relevant times acted with malice or reckless indifference to the federally protected rights of Ms. Worthen, Ms. Donaldson, and Ms. Park.
4

COUNT IV 21. Prior to January of 1999, Defendant Employer has engaged in unlawful
employment practices at its facility in Pine Bluff, Arkansas, in violation of §703(a) of Title vn,
as amended, 42 U.S.c. §2000e-2(a). The unlawful practices include, but are not limited to failure to prevent the sexual harassment of female employees.
22. The effect of the practices complained of above has been to deprive female employees of equal employment opportunities and otherwise adversely affect their status as employees.
23. The unlawful employment practices complained of above were and are intentional.
24. Defendant Employer at all relevant times acted with malice or reckless indifference to the federally protected rights of female employees.
PRAYER FOR RELIEF COUNTS I, II, III, and IV 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 sex. B. Order Defendant Employer to institute and carry out policies, practices and programs which provide equal employment opportunities which eradicate the effects of its past and present unlawful employment patterns and practices. C. Order Defendant Employer to make whole Darlene Worthen, Mary Donaldson,
5

Christy Park, and all female class members who were subjected to Defendant's practices of discrimination by providing appropriate back pay with prejudgment interest, in amounts to be determined at trial, and other affirmative relief necessary to eradicate the effects of its unlawful employment practices, including but not limited to, placement in a position.
D. Order Defendant Employer to make whole Darlene Worthen, Mary Donaldson, Christy Park, and all female class members who were subjected to Defendant's practices of discrimination by providing compensation for past and future pecuniary losses resulting from the unlawful employment practices described above, including relocation expenses, job search expenses, and medical expenses, in amounts to be determined at trial.
E. Order Defendant Employer to make whole Darlene Worthen, Mary Donaldson, Christy Park, and all female class members who were subjected to Defendant's practices of discrimination 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 of life and humiliation, in amounts to be determined at trial.
F. Order Defendant Employer to pay Darlene Worthen, Mary Donaldson, Christy Park, and all female class members who were subjected to Defendant's practices of discrimination punitive damages for its malicious and/or reckless conduct, in an amount to be determined at trial.
G. Order Defendant Employer to pay Darlene Worthen, Mary Donaldson, and Christy Park all the relief to which they are entitled for Defendant's illegal acts of discharging them.
H. Grant such further relief as the Court deems necessary and proper.
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I.

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.

C. GREGORY STEWART General Counsel

GWENDOLYN YOUNG REAMS
Associate General Counsel
I<~ W-Kt'tM (/~
KATHARINE W. KORES
Regional Attorney
TE~~jd~jJ6

Trial Attorney AR # 95085
EQUALEMWLOYMENTOPPORTUNITY COMMISSION
Little Rock Area Office 425 W. Capitol, Suite 625 Little Rock, Arkansas 72201 Telephone: (501) 324-5065
7

 
 EAST~~'~R~~~

IN THE UNITED STATES DISTRICT COURT

OCT 3 a 2000

FOR THE EASTERN DISTRICT OF ARKANS~ES ~~ORMACK CLER

PINE BLUFF DIVISION

Y.-~ ~

DEPCLE:R

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

PLAINTIFF

VS.

CASE NO.: 5:00 CV-00-352WRW

GLOBAL MATERIALS SERVICES, L.L.C.

DEFENDANT

DARLENE WORTHEN, MARY DONALDSON AND CHRISTY PARK

INIERVENORS

COMPLAINT IN INTERVENTION ON BEHALF OF DARLENE WORTHEN, MARY DONALDSON, AND CHRISTY PARK

Come now the Intervenors, Darlene Worthen, Mary Donaldson and Christy Park by and

through their attorneys, Morgan Welch & Associates and for their Complaint in Intervention, state:

fflTRODUCTORYSTATEMENT

This is an action to redress employment discrimination based upon sex (sexual harassment;

hostile environment); for retaliation for complaints of sexual harassment and for constructive

discharge as Plaintiffs were either terminated or forced to resign their respective employments as a

direct result of the sexually hostile work environment and retaliation; for a permanent injunction

prohibiting Defendant from engaging in policies and practices contained herein in violation of 42

U.S.C. §2000e, et seq., the Equal Employment Opportunity Act (EEOA) (as amended by the Civil

Rights Act of1991) and the Arkansas Civil Rights Act of 1993, A.C.A. 16-123-101, et. seq: and for

practices complained of under the Arkansas common law tort of Outrage; for full back pay, front

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pay, liquidated damages, benefits, damages for pain and suffering, punitive damages, costs and attorney's fees, and any and all other benefits to which the Plaintiffs would have been entitled had they not been the victim of sexual harassment, retaliation and constructive discharge; and for emotional distress resulting from the Defendant's behavior.
JURISDICTION
1. The jurisdiction ofthis Court is invoked pursuantto 28 U.S.c. §§ 1331, 1343(3) and (4), and under 42 U.S.C. § 2000e, et seq., the Equal Employment Opportunity Act. Plaintiffs also seeks relief under Title VII of the 1964 Civil Rights Act, and the Civil Rights Act of 1991 as the same pertains to discrimination based on sex, sexual harassment and retaliation; and for a declaratory judgment under 28 U.S.C. §§ 2201 and 2202, declaring that the Defendant has discriminated against them in the terms and conditions of their employment. This Court also has jurisdiction over the Plaintiffs' state law claims brought pursuant to the Arkansas Civil Rights Act of 1993, AC.A. 16123-101, et. seq. and for the torts of Outrage pursuant to the plenary power of this Court to invoke its pendant jurisdiction over causes of action arising under Arkansas law.
Plaintiffs claim an unconditional right to Intervene in this action pursuant to Rule 24(a) ofthe Federal Rules of Civil Procedure. See also EEOC v. Century l, L.C., 142 F.R.D. 494 (D.C. Kan 1992); EEOC v. Contour Chair Lounge Co., 596 F.2d 809 (8th Cir. 1979); Nevilles v. EEOC, 511 F.2d 303 (8th Cir. 1975); 42 U.S.C. 2000e-5(f)(l).
2. Plaintiffs filed a timely charge of discrimination with the Equal Employment Opportunity Commission (EEOC) on or about May 24, 1999. On or about September 20, 2000, the EEOC initiated this lawsuit. All conditions precedent to the institution of this Intervention and the
2

initial EEOC lawsuit have been fulfilled. PARTIES
3. Intervenor, Darlene Worthen, is and was at all times relevant hereto a citizen of the United States and a resident of Pine Bluff, Jefferson County, Arkansas, and is a protected person within the meaning of 42 U.S.C. § 2000e-2 and the Arkansas Civil Rights Act of 1993, AC.A 16123-101, et. seq..
4. Intervenor, Mary Donaldson, is and was at all times relevant hereto a citizen of the United States and a resident of Pine Bluff, Jefferson County, Arkansas, and is a protected person within the meaning of 42 U.S.c. § 2000e-2 and the Arkansas Civil Rights Act of 1993, AC.A 16123-101, et. seq.
5. Intervenor, Christy Park, is and was at all times relevant hereto a citizen ofthe United States and a resident of Pine Bluff, Jefferson County, Arkansas, and is a protected person within the meaning of42 U.S.C. § 2000e-2 and the Arkansas Civil Rights Act of1993, AC.A 16-123-101, et. seq ..
6. At all relevant times, Defendant Global Materials Services, L.L.c. ("Defendant Employer"), was a limited liability corporation doing business in the State ofArkansas and the City of Pine Bluff and has continuously had at least fifteen (15) employees.
7. 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).
3

FACTS 8. From on or about January of 1999, and continuing, Defendant, by and through its agents and employees, has engaged in unlawful employment practices at its Pine Bluff, Arkansas facility, in violation of42 U.S.C. §2000e-2(a). The unlawful practices include, but are not limited to discrimination against each of the individual Plaintiffs on the basis of their sex in that each was subjected to a sexually hostile work environment. 9. The harassment included, but was not limited to, sexual touching, sexually explicit email and screen savers, sexual jokes, abusive language, and requests for sexual favors. Additionally, the private home telephone numbers of the plaintiffs were given out by management to male employees even though plaintiffs had requested management not do so, and even though there was no legitimate business purpose therefore. Subsequent to the dissemination ofthe Plaintiff's telephone numbers, Plaintiffs received sexually harassing and degrading calls from co-workers. 10. The unlawful practices complained of herein were and are intentional. Further, the Defendant at all relevant times acted with malice or reckless indifference to the rights of Plaintiffs. 11. As a result of the Defendant's conduct, individual Plaintiffs have suffered psychological and emotional distress, lost wages, lost benefits and other opportunities associated with their employment, and other expenses, for which she seeks damages as set forth, infra.
COUNT I. VIOLATIONS OF TITLE VII, 1964 CIVIL RIGHTS ACT, SEXUAL DISCRIMINATIONIHARASSMENT
12. Intervenors restate and incorporate by reference the preceding paragraphs of their Complaint as set forth herein word for word.
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13. The Defendant, by and through its agents and employees, has discriminated against Darlene Worthen, Mary Donaldson and Christy Park and sexually harassed them because of their sex (female) in that Plaintiffs were subjected to a sexually hostile work environment. Further, the intentional and consistent sexual harassment and the failure ofthe Defendant to adequately remedy the situation, despite knowledge thereof, also contributed to the sexually hostile working environment, which detrimentally affected the working conditions ofthe Plaintiffs and would have detrimentally affected a reasonable person in their positions.
14. Additionally, Ms. Park and Ms. Donaldson were forced to resign their employment due to the aforementioned harassment and retaliation for complaining of harassment, and were thereby constructively discharged from their employment. Darlene Worthen was terminated for complaining for herself and on behalfofMs. Parks and Ms. Donaldson and was therefore retaliated against in addition to the harassment and other acts already enunciated herein.. The Defendant knew or should have known ofthe hostile atmosphere and sexual harassment Plaintiffs were subjected to and failed to take effective remedial action or prevent retaliation against them for complaining of sexual harassment. The Defendant further knew or should have known that reasonable employees in their positions would be forced to resign or take early retirement under such conditions.
COUNT II RETALIATION IN VIOLATION OF
42 U.S.C.§2000e, et.seq.
15. Intervenors restate and incorporates by reference the preceding paragraphs of their Complaint as if set forth herein word for word.
16. As the direct result of Darlene Worthen's complaints of sexually inappropriate
5

conduct in the workplace to her superiors, she was subjected to retaliation, as set forth supra, all in violation of 42 U.S.C. §2000e, et.seq.
COUNT III VIOLATION OF THE ARKANSAS CIVIL RIGHTS ACT
17. Intervenors restate and incorporate herein by reference the preceding paragraphs of their Complaint as if set forth herein verbatim.
18. The acts and omissions alleged herein are in violation ofthe Arkansas Civil Rights Act of1993, A.C.A 16-123-101, et. seq., in that the Intervenors were subjected to discrimination in the terms and conditions of their employment as the result of a sexually hostile environment and retaliation, for which they seek the relief set forth, infra.
COUNT IV. OUTRAGE 19. Intervenors restates and incorporates by reference the preceding paragraphs oftheir Complaint as if set forth herein word for word. 20. The actions of Defendant were an intentional infliction of emotional distress constituting the tort of outrage under the common law of the state of Arkansas. 21. Defendant intentionally discriminated against, subjected Plaintiffs to a sexually hostile work environment and retaliated against Plaintiffs for complaints thereof, and knew or should have known that their acts were extreme and outrageous and would cause humiliation and emotional distress. The conduct of Defendant, by and through its agents and servants, is beyond all possible bounds of decency and is utterly intolerable in a civilized society. These actions of the
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Defendant were the cause of severe emotional distress ofeach Plaintiffand such distress was ofsuch a nature that no reasonable person should be expected to endure it.
DAMAGES 22. Intervenors restate and incorporate by reference paragraphs 1 through 21, supra. 24. Intervenors, Darlene Worthen, Mary Donaldson and Christy Park have each suffered individual damages in an amount in excess ofthe minimum amount for federal diversity jurisdiction [$75,000 each] to be determined by a jury for the following elements:
(a) Loss of employment compensation, benefits, and promotional opportunities, including salary raises commensurate with performance;
(b) Loss of reputation and self esteem; (c) Mental anguish and emotional distress; and (d) Other expenses incurred. Additionally, Intervenors, each separately request punitive damages to be awarded each in an amount to be determined by ajury also in excess ofthe minimum Federal Diversity Jurisdictional amount [$75,000]. WHEREFORE, Intervenors pray that this Court grant the following relief against the Defendant herein: (a) Grant a jury trial for determination of whether the actions of the Defendant violated the rights ofthe Plaintiffs as guaranteed by Title VII ofthe Civil Rights Act of 1964 and the Civil Rights Actof1991, as well as the protections afforded under 42 U.S.C. § 2000e, et seq. and in violation of the Arkansas Civil Rights Act of 1993, A.C.A 16-123-101, et. seq.; (b) For a declaratory judgment that the acts of the Defendant violated the rights of the
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Plaintiffs as guaranteed by Title VII ofthe 1964 Civil Rights Act and the protections afforded under 42 U.S.C. § 2000e, et seq. and in violationofthe Arkansas Civil Rights Actof1993, A.C.A 16-123101, et. seq.;
(c) Grant a permanent injunction preventing Defendant from engaging in the policies and practices complained of in violation of both 42 U.S.C. § 2000e, et seq. and Title VII of the Civil Rights Act of 1964 and the Civil Rights Act of 1991 and in violation ofthe Arkansas Civil Rights Act of 1993, A.C.A 16-123-101, et. seq.;
(d) Award full back pay, front pay, interest thereon, seniority, and other lost benefits; (e) Award punitive damages for the willful, intentional and wanton discriminatory actions; (f) Award compensatory damages for pain and suffering, mental anguish, medical and psychiatric expenses and all other damages to which each Plaintiff is entitled; (g) Award attorney's fees and costs as allowed under 42 U.S.c. §2000e-5(k); and (h) Grant Plaintiffs all other relief the Court deems necessary and proper. INTERVENORS DEMAND A JURY TRIAL.
~\~ 5~,1j~ R~spectfullY submitt d, ~ ORGANE. WE , H#. EUBANKS, WELCH, BAKER
& SCHULZE, LLP 620 West Third Street, Suite 100 P. O. Drawer 3685 Little Rock, AR 72203-3685 (501) 537-1000
8

CERTIFICATE OF SERVICE

I , Morgan E. Welch, hereby certify that I have mailed a true and correct copy of the

n forgoing document via United States mail, postage pre-paid, to the following counsel of record and

agent for service for Global Materials Services, L.L.C., this

day of October, 2000:

William A. Cash, Jr. Senior Trial Attorney and Pamela B. Dixon Equal Employment Opportunity Commission Little Rock Area Office 425 W. Capitol, Suite 625 Little Rock, Arkansas 72201 Telephone: (501) 324-5065

The Corporation Company Agent for Service for Global Materials Services, L.L.C. 425 W. Capitol Avenue, Suite 1700 Little Rock, AR 72201

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 I i

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION

EQUAL EMPLOYMENT OPPORTUNITY

)

COMMISSION,

)

)

Plaintiff,

)

CIVIL ACTION NO.

)

5:00CV00352 WRW

)

)

DARLENE WORTHEN, MARY DONALDSON

)

AND CHRISTY PARK

)

)

Interveners.

)

)

)

v.

)

)

GLOBAL MATERIAL SERVICES

)

)

Defendant,

)

CONSENT DECREE

The Equal Employment Opportunity Commission (hereinafter referred to as the ("EEOC") initiated the above-referenced Cause on September 25, 2000, against Global Material Services(the "Defendant") to enforce the provisions of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e et~. (Title VII), and the Civil Rights Act of 1991, 42 U.S.C. §1981a. The EEOC alleged that the Defendant engaged in unlawful employment practices by subjecting Darlene Worthen, Mary Donaldson, Christy Park, and other female employees, as a class, to sexual harassment caused by the inappropriate sexual actions, overtures,

and behavior of male supervisors and co workers and were later constructively discharged for rejecting sexual advances.
This Consent Decree does not constitute an admission by the Defendant of the allegations of the Complaint. Defendant specifically denies the allegations contained in the Complaint. However, all parties to this action desire to avoid the additional expense and delay in this litigation of this case.
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.
The Court has reviewed the terms of the proposed Consent Decree in light of the applicable laws and regulations, the statements and representations of counsel for all parties, and
NOW, THEREFORE, the Court being fully advised in the premises, it is hereby ORDERED, ADJUDGED AND DECREED:
I. JURISDICTION The United States District Court for the Eastern District of Arkansas, Pine Bluff Division, has jurisdiction over the parties and subject matter of this litigation.
II. ~COPE AND DURATION OF DECREE A. This Consent Decree resolves all issues and claims arising out of Plaintiff's Complaint in this cause, alleging unlawful employment policies and practices maintained by the Defendant and arising out of Charge Nos. 251-99-0971, 251-99-
2

0972, and 251-99-0973 filed by Darlene Worthen, Mary Donaldson, and Christy Park with the EEOC. No other women were identified as victims of sexual harassment. Notwithstanding any provisions contained in this Decree, this agreement shall not be considered in any manner to be dispositive of any charge now pending before any office of the EEOC other than Charge Nos. 251-99-0971, 25199-0972, and 251-99-0973.
B. The provisions of this Consent Decree shall continue to be effective and binding upon the parties to this action for a period of two years from the date of the entry of this decree except for Section VI.C. (neutral reference) which will be in effect permanently.
III. NON-DISCRIMINATION PROVISIONS A. Defendant, its officers, agents, employees, and all persons acting in concert with the Defendant are hereby enjoined from engaging in any employment practice which has the purpose or effect of discriminating against any employee because of their sex. Defendant is enjoined from permitting its employees to be subjected to a sexually hostile work environment. B. Defendant, ~ts officers, agents, employees, and all persons acting in concert with the Defendant are hereby enjoined from retaliating against any employee for opposing discriminatory employment practices made unlawful under Title VII of the Civil Rights Act of 1964, as amended.
3

C. 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 sexual harassment and

retaliation.

D. Defendant will provide a copy of its sexual harassment

policy to all of its employees at its Pine Bluff facility within

thirty (30) days of the entry of this decree.

E. Defendant agrees to conduct a training session on the

prevention of sexual harassment for all the employees at its Pine

Bluff facility.

This training session will be conducted within

ninety (90) 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 Plaintiff within thirty (30) days of the training session.

F. Defendant agrees that all reports of sexual harassment

will immediately be conveyed to its Human Resources office in

Memphis, Tennessee.

IV. NON-RETALIATION PROVISION

Defendant, its officers, agents, employees, and all persons

acting in concert witp Defendant shall not take any retaliatory

measure, against 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 EEOC,

testifying, assisting or participating in any manner in any

4

investigation, proceeding or hearing under Title VII of the Civil

Rights Act of 1964, as amended.

V. NOTICE

Defendant shall conspicuously post at its Pine Bluff

facility the notice (poster) required to be posted pursuant to

Title VII of the Civil Rights Act of 1964, as amended.

Furthermore, Defendant shall conspicuously post the notice at

Appendix A of this Decree at its Pine Bluff facility for a one

year period commencing within ten (10) days after entry of this

Decree by the Court.

The notice will be signed by Martin

Moore.

VI. INDIVIDUAL RELIEF

A. Defendant shall not include any reference to the charge

of discrimination filed by Darlene Worthen, Mary Donaldson, and

Christy Park or this litigation in the personnel files of Darlene

Worthen, Mary Donaldson, and Christy Park.

B. Defendant shall deliver to Morgan Welch, counsel for

Darlene Worthen, a certified check made payable to "Darlene

Worthen and Morgan Welch" in the amount of $112,500 at the

following address wiGhin fourteen (14) days after entry of this

Decree by the Court:

MORGAN E. WELCH EUBANKS, WELCH, BAKER & SCHULZE, LLP 620 West Third Street, Suite 100 Little Rock, Arkansas 72201

5

C. Defendant shall deliver to Morgan Welch, counsel for Mary Donaldson, a certified check made payable to UMary Donaldson and Morgan Welch" in the amount of $93,750 at the following address within fourteen (14) days after entry of this Decree by the Court:
MORGAN E. WELCH
EUBANKS, WELCH, BAKER & SCHULZE, LLP
620 West Third Street, Suite 100 Little Rock, Arkansas 72201 D. Defendant shall deliver to Morgan Welch, counsel for Christy Park, a certified check made payable to "Christy Park and Morgan Welch" in the amount of $93,750 at the following address within fourteen (14) days after entry of this Decree by the Court: MORGAN E. WELCH EUBANKS, WELCH, BAKER & SCHULZE, LLP 620 West Third Street, Suite 100 Little Rock, Arkansas 72201
E. Defendant agrees to provide a neutral reference to any potential employers who request a job reference. Any such neutral reference shall be identical to the form demonstrated in Appendix B. No mention of Ms. Worthen's, Ms. Donaldson's, or Ms. Park's charges of discrimination or this action will be made
as part of the neutral reference. VII. COSTS
The parties shall bear their own costs, including attorneys' fees.
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-4!;.......o=;~.;;;...-~~...==...."""""'-""t~/_-' 2000.

O CTHOIMSN PDlOIAC"N~UCM.E.E2NWT3ITE-HN0TR1~~~"2'9.e~vDNOOCIOK~ RET7~9S(H1}EEFTAmCP

W1Jka.~
UNITED STATES DISTRICT JUDGE

FOR THE COMMISSION:

MICHAEL KAPLAN· ARMSTRONG ALLEN, 80 Monroe Avenue, Suite 700 Memphis, Tennessee 38103-2467
ENERS:
l~
M RGAN E. WE EUBANKS, WEL ,BAKER
& SCHULZE, LLP 620 West Third Street, Suite 100 Little Rock, Arkansas 72201

GWENDOLYN YOUNG REAMS Associate General Counsel
~ 4JhWL 4/IJ
KATHARINE W. KORES Regional Attorney
TERRY. ECK Supervisory Trial Attorney
IuAI ~/1 -{~~lJ~_ b- A
WILLIAM A. CASH JR. Senior Trial Attorney EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 425 W. Capitol Ave, Ste. 625 Little Rock, AR 72201 (501) 324-5539
··-tLtiJ~
PAMELA B. DIXON Trial Attorney (501) 324-5065

7

APPENDIX A NOTICE

NOTICE
1. GLOBAL MATERIAL SERVICES has agreed with the EEOC to post this notice for one year to reinforce the company's policies concerning the prevention of sexual harassment and retaliation against any employee.
2. Federal law prohibits an employer from taking retaliatory action against any employee for opposing practices made unlawful under Title VII of the Civil Rights Act of 1964, as amended.
3. Federal law prohibits sexual harassment in the workplace.
4. GLOBAL MATERIAL SERVICES supports and will comply with such Federal law in all respects and will not take any action against employees because 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 Title VII of the Civil Rights Act of 1964, as amended.
MARTIN MOORE
DATE

APPENDIX B NEUTRAL REFERENCE

Dear

This letter is in response to your inquiry regarding the

employment of

while employed at GLOBAL MATERIAL

SERVICES.

Ms.

worked at GLOBAL from

through

Company policy does not permit us to give out

any more information concerning Ms.

employment.

I am sure Ms.

can provide you with the details concerning

her tenure at GLOBAL. I hope this information is helpful and that

it satisfactorily answers your inquiry.

Very truly yours,

GLOBAL MATERIAL SERVICES.

F I L E COP Y ef
UNITED STATES DISTRICT COURT Eastern District of Arkansas
U.S. Court House 600 West Capitol, Suite 402 Little Rock, Arkansas 72201-3325
February 23, 2001

* * MAILING CERTIFICATE OF CLERK * *
Re: 5:00-cv-00352.

True and correct copies of the attached were mailed by the clerk to the following:

William A. Cash Jr., Esq. Equal Employment Opportunity Commission 425 West Capitol Avenue Suite 625 Little Rock, AR 72201

Pamela B. Dixon, Esq.
Equal Employment Opportunity Commission 425 West Capitol Avenue Suite 625 Little Rock, AR 72201

Terry Beck, Esq.
Equal Employment Opportunity Commission 1407 Union Avenue Suite 621 Memphis, TN 38104

Katharine W. Kores, Esq. Equal Employment Opportunity Commission 1407 Union Avenue Suite 621 Memphis, TN 38104

Sara M. Falkinham, Esq. Armstrong, Allen, Prewitt,
80 Monroe Avenue Suite 700 Memphis, TN 38103-2467

Gentry,

Johnston

& Holmes

Michael D. Kaplan, Esq. Armstrong, Allen, Prewitt, 80 Monroe Avenue Suite 700 Memphis, TN 38103-2467

Gentry,

Johnston

& Holmes

Morgan E. Welch, ,q. Eubanks, Welch, Baker & Schulze, LLP 620 West Third Street, Suite 100 Post Office Drawer 3685 Little Rock, AR 72203-3685

Date:

James W. McCormack, Clerk BY:

 
 I '

- SqsrA/{FAAg\'~~~WDARNTS~s

IN THE UNITED STATES DISTRICT COURl

f8 2 3 ZOOt

EASTERN DISTRICT OF ARKANSAS By:MES ~CCOR .

PINE BLUFF DIVISION

~ MACK, CLF~Rh

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

PLAINTIFF

VS.

NO. 5:00CV00352 WRW

GLOBAL MATERIALS SERVICE, INC.

DEFENDANT

ORDER

Pending is Plaintiffs Motion to Strike Defendant's Affirmative Defenses (Doc.

No.8) and Defendant's response (Doc. No. 10).

Defendant's Answer was due on December 11,2000. Defendant filed its Answer nine

days late. Plaintiff asks that Defendant's affirmative defenses be stricken. A district court has

discretion to deny a party's attempt to assert an untimely defense. See Irons v. Burlington Northern Railroad Company, 1993 U.S. App. LEXIS 12859 (8th Cir. 1993) (unpublished opinion)

(citing Radio Corp. v. Hazeltine Research, Inc., 401 U.S. 321, 330-33 (1971) and L & L Marine Service, Inc. v. Insruance Co. of North America, 796 F.2d 1032, 1038 (8th Cir. 1986)).

The delay in the instant case was only a few days late and I see no prejudice to Plaintiff in

this short delay. Accordingly, Plaintiff17:0tion is DENIED.

this~ay IT IS SO ORDERED

of February, 2001.

THIS DOCUMENT ENTERED ON DOCKET SHEET IN

COMPlIANCE WITH RUlE 58 AND/OR 7~ACP

& ON '6,,,2#-"1 !IV

.

ef UNITED STATES DISTRICT COURT Eastern District of Arkansas
U.S. Court House 600 West Capitol, Suite 402 Little Rock, Arkansas 72201-3325
February 23, 2001

* * MAILING CERTIFICATE OF CLERK * *
Re: 5:00-cv-00352.

True and correct copies of the attached were mailed by the clerk to the following:

William A. Cash Jr., Esq. Equal Employment Opportunity Commission 425 West Capitol Avenue Suite 625 Little Rock, AR 72201

Pamela B. Dixon, Esq. Equal Employment Opportunity Commission 425 West Capitol Avenue Suite 625 Little Rock, AR 72201

Terry Beck, Esq. Equal Employment Opportunity Commission 1407 Union Avenue Suite 621 Memphis, TN 38104

Katharine W. Kores, Esq. Equal Employment Opportunity Commission 1407 Union Avenue Suite 621 Memphis, TN 38104

Sara M. Falkinham, Esq. Armstrong, Allen, Prewitt, 80 Monroe Avenue Suite 700 Memphis, TN 38103-2467

Gentry,

Johnston

& Holmes

Michael D. Kaplan, Esq. Armstrong, Allen, Prewitt, 80 Monroe Avenue Suite 700 Memphis, TN 38103-2467

Gentry,

Johnston

& Holmes

Morgan E. Welch, ~q. Eubanks, Welch, Baker & Schulze, LLP 620 West Third Street, Suite 100
Post Office Drawer 3685
Little Rock, AR 72203-3685

Date:

James W. McCormack, Clerk BY:

 
 EASTI1~~~~Q~~, IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF ARKANSAS

PINE BLUFF DIVISION

MAR 2 1 ZOOl

EQUAL EMPLOYMENT OPPORTUNITY )

COMMISSION,

)

)

Plaintiff,

)

)

)

DARLENE WORTHEN, MARY DONALDSON)

AND CHRISTY PARK

)

)

Interveners.

)

)

)

v.

)

)

GLOBAL MATERIAL SERVICES

)

)

Defendant,

)

JAMES By:

v~ u.M:G~ OR+ MAC~ K, c

CIVIL ACTION NO. 5:00CV00352 WRW

ORDER ON MOTION TO ENFORCE CONSENT DECREE

A telephone conference hearing was held by this Court on the 16th day of March, 2001, with Donald K. Campbell, III being a party to the telephone hearing as counsel for the Interveners, Darlene Worthen, Mary Donaldson and Christy Park, on their Motion to Enforce Consent Decree or, in the Alternative, to Allow Execution On Consent Decree, and Pamela Dixon and William Cash being a party to the telephone hearing as counsel for the Plaintiffs, EEOC, on their Motion to Enforce the Consent Decree and Michael Kaplan being a party to the telephone hearing as counsel for the Defendant, Global Material Services, the Court after hearing statements from all counsel, the Court finds and orders the following:
1. All parties have waived the presence of a court reporter for this hearing.

Order
2. The Court directs the Defendants to deliver to the offices of Eubanks, Welch, Baker & Schulze, LLP certified checks as set forth in and agreed upon in the Consent Decree in this matter no later than Monday, March 19, 2001.
3. The Interveners prayer for interest may be raised on Monday, March 19,2001 if they so desire.
4. The Interveners are to deliver the proposed Order to the Court on or before 4:30 p.m., Friday, March 16, 2001.
5. The Defendants have until 10:30 am Monday, March 19, 2001 to object to form of this Order.
6. The issues contained in the two aforementioned Motions have been resolved less and except the issue of interest being claimed by the Interveners.
IT IS SO ORDERED
Hon. William R. Wilson United States District Court

PREPARED BY: Donald K. Campbell, III Eubanks, Welch, Baker & Schulze, LLP P. O. Drawer 3685 Little Rock, AR 72203-3685 (SOl) 537-1000

THIS DOCUMENT ENTERED ON DOCKET SHEET IN COMPliANCE WITH RUlE 58 ANOJOR 79(at FACP
g J ON .1- 2.1- 0 I BY
""----.....-.~-~.~---------~

2

ef UNITED STATES DISTRICT COURT Eastern District of Arkansas
U.S. Court House 600 West Capitol, Suite 402 Little Rock, Arkansas 72201-3325
March 21, 2001

* * MAILING CERTIFICATE OF CLERK * *
Re: 5:00-cv-00352.

True and correct copies of the attached were mailed by the clerk to the following:

William A. Cash Jr., Esq. Equal Employment Opportunity Commission 425 West Capitol Avenue Suite 625 Little Rock, AR 72201

Pamela B. Dixon, Esq. Equal Employment Opportunity Commission 425 West Capitol Avenue
Suite 625 Little Rock, AR 72201

Terry Beck, Esq. Equal Employment Opportunity Commission 1407 Union Avenue Suite 621 Memphis, TN 38104

Katharine W. Kores, Esq. Equal Employment Opportunity Commission 1407 Union Avenue Suite 621 Memphis, TN 38104

Sara M. Falkinham, Esq. Armstrong, Allen, Prewitt,
80 Monroe Avenue Suite 700 Memphis, TN 38103-2467

Gentry,

Johnston

& Holmes

Michael D. Kaplan, Esq. Armstrong, Allen, Prewitt, Gentry, Johnston & Holmes
80 Monroe Avenue Suite 700 Memphis, TN 38103-2467

Morgan E. Welch, hsq. Eubanks, Welch, Baker & Schulze, LLP 620 West Third Street, Suite 100 Post Office Drawer 3685 Little Rock, AR 72203-3685

Date:

James W. McCormack, Clerk BY:

 
 CM/ECF - ARED - LIVE - Docket Report

https://ecf.ared.uscourts.gov/cgi-bin/DktRpt.pl?230238112463904-L_3...

U.S. District Court Eastern District of Arkansas (Pine Bluff) CIVIL DOCKET FOR CASE #: 5:00-cv-00352-WRW

HLJ, TERMED

EEOC v. Global Material Svc Assigned to: Judge William R. Wilson, Jr Demand: $0 Cause: 42:2000e Job Discrimination (Employment)

Date Filed: 09/25/2000 Date Terminated: 02/21/2001 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

Plaintiff
Equal Employment Opportunity Commission

represented by Katharine W. Kores Equal Employment Opportunity Commission - Memphis 1407 Union Avenue Suite 621 Memphis, TN 38104 (901) 544-0135 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Pamela B. Dixon Equal Employment Opportunity Commission - Little Rock 820 Louisiana Street Suite 200 Little Rock, AR 72201 (501) 324-5065 Email: pamela.dixon@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Terry Beck Equal Employment Opportunity Commission - Memphis 1407 Union Avenue Suite 621 Memphis, TN 38104 (901) 544-0138 Email: terry.beck@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

William A. Cash, Jr. Equal Employment Opportunity Commission - Little Rock 820 Louisiana Street

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CM/ECF - ARED - LIVE - Docket Report
V. Defendant Global Material Services
Intervenor Darlene Worthen
Intervenor Mary Donaldson Intervenor Christy Park
2 of 4

https://ecf.ared.uscourts.gov/cgi-bin/DktRpt.pl?230238112463904-L_3...
Suite 200 Little Rock, AR 72201 (501) 324-5539 Email: william.cash@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Michael D. Kaplan Harkavy Shainberg Kaplan & Dunstan PLC 6060 Poplar Avenue Suite 140 Memphis, TN 38119 901-866-5326 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Sara M. Falkinham Attorney at Law 8295 Tournament Drive Suite 150 Memphis, TN 38125 LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Morgan E. Welch Welch and Kitchens, LLC Post Office Box 3685 Little Rock, AR 72203-3685 (501) 978-3030 Email: mwelch@welchandkitchens.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Morgan E. Welch (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Morgan E. Welch (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
4/13/2007 1:42 PM

CM/ECF - ARED - LIVE - Docket Report

https://ecf.ared.uscourts.gov/cgi-bin/DktRpt.pl?230238112463904-L_3...

Date Filed 09/25/2000 09/28/2000
10/18/2000
10/24/2000 10/30/2000 12/04/2000 12/20/2000 01/02/2001 01/04/2001
01/11/2001 02/21/2001

#

Docket Text

1 COMPLAINT with JURY DEMAND ($150.00 filing fee waived) no summons issued (former empl) (Entered: 09/25/2000)
2 MOTION by intervenors Darlene Worthen, Mary Donaldson & Christy Park to intervene and combined brief in support thereof (former empl) (Entered: 09/28/2000)
3 ORDER by Judge William R. Wilson granting intervenors' motion to intervene [2-1]; intervenors Darlene Worthen, Mary Donaldson and Christy Park to file their complaint within 10 days of the date of this order (cc: all counsel) (former empl) (Entered: 10/18/2000)
4 WAIVER OF SERVICE OF SUMMONS upon defendant Global Material Svc on 10/11/00 (former empl) (Entered: 10/24/2000)
5 INTERVENOR'S complaint with JURY DEMAND by intervenors Darlene Worthen, Mary Donaldson & Christy Park (former empl) (Entered: 10/30/2000)
6 REQUEST for Admissions by plaintiff EEOC (former empl) (Entered: 12/05/2000)
7 ANSWER by defendant to complaint (former empl) (Entered: 12/20/2000)
8 MOTION by plaintiff to strike defendant's affirmative defenses with memorandum of law (former empl) (Entered: 01/02/2001)
9 INITIAL SCHEDULING ORDER (DOCmj); Rule 26(f) conference to be held on or before 2/27/01; Rule 26(f) report will be due by 3/13/01; Rule 16(b) conference (if needed) will be held 3/20/01; proposed trial date 12/17/01 (cc: all counsel) (former empl) (Entered: 01/08/2001)
10 RESPONSE by defendant Global Material Svc to plaintiff's motion to strike [8-1] (former empl) (Entered: 01/11/2001)
11 CONSENT DECREE by Judge William R. Wilson resolving all issues and claims arising out of plaintiff's complaint of Charge Nos. 251-99-0971, 251-99-0972 & 251-99-0973 filed by intervenors; the provisions of this Consent Decree to continue to be effective and binding for a period of two years from the date of the entry of this decree except for Section VI.C (neutral reference) which will be in effect permanently; a training session on the prevention of sexual harassment will be conducted within 90 days of the entry of this decree; defendant shall conspicuously post the notice at Appendix A of this Decree at its Pine Bluff facility for a one year period commencing within 10 days after entry of this Decree; defendant shall deliver checks to Morgan Welch, at his address, made payable to Morgan Welch and Darlene Worthen in the amount of $112,500, Morgan Welch and Mary Donaldson in the amount of $93,750 and Morgan Welch and Christy Park in the amount of $93,750 within 14 days after entry of this Decree; each party to bear own costs, including attorneys' fees; defendant agrees to provide a neutral reference to any potential employers who request a job reference; case terminated (cc: all counsel) (former empl) Modified on

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https://ecf.ared.uscourts.gov/cgi-bin/DktRpt.pl?230238112463904-L_3...

02/23/2001 03/13/2001
03/14/2001 03/21/2001

04/05/2001 (Entered: 02/23/2001)
12 ORDER by Judge William R. Wilson denying plaintiff's motion to strike [8-1] (cc: all counsel) (former empl) (Entered: 02/23/2001)
13 MOTION by intervenors to enforce consent decree , or in the alternative, for authorization to allow execution on consent decree (former empl) (Entered: 03/13/2001)
14 MOTION by plaintiff to enforce consent decree (former empl) (Entered: 03/14/2001)
15 ORDER by Judge William R. Wilson that the issues contained in EEOC's motion to enforce consent decree [14-1] & intervenors' motion to enforce consent decree [13-1], or in the alternative, motion for authorization to allow execution on consent decree [13-2] have been resolved less and except the issue of interest being claimed by the intervenors (cc: all counsel) (former empl) (Entered: 03/21/2001)

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