Mary Jo O'Neill, AZ Bar No. 005294 1 Sally C. Shanley, AZ Bar No. 012251

Valerie L. Meyer, CA Bar No. 228586 2 EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Phoenix District Office

3300 North Central Avenue, Suite 690 3 Phoenix, Arizona 85012-2504

Telephone: (602) 640-5016 4 Fax: (602) 640-5009

E-Mail: mary.oneill@eeoc.gov

5

sally.shanley@eeoc.gov

valerie.meyer@eeoc.gov 6 Attorneys for Plaintiff

7

8

IN THE UNITED STATES DISTRICT COURT

9

FOR THE DISTRICT OF ARIZONA

10

PRESCOTT DIVISION

11

12 EQUAL EMPLOYMENT

13 OPPORTUNITY COMMISSION,

14

Plaintiff,

15

vs.

16 RV FUN, INC., an Arizona corporation,

17 d/b/a COWBOYS RV MART,

18

Defendant

) Case No.: TBA ) ) COMPLAINT ) JURY TRIAL DEMANDED ) ) ) ) ) ) ) ) ) )

19

NATURE OF THE ACTION

20 This is an action under Titles I and V of the Americans with Disabilities Act of 1990

21 (“ADA”) and Title I of the Civil Rights Act of 1991 to correct unlawful employment

22 practices on the basis of disability and to provide appropriate relief to Christiaan C. 23 Calhoon, who was adversely affected by such practices. The Commission alleges that

24 RV Fun, Inc. (“RV Fun”) discriminated against Mr. Calhoon on the basis of his 25 disability, Attention Deficit Disorder (“ADD”), when it denied him a reasonable

26 accommodation in his position of Recreational Vehicle (RV) Cleaner and Washer and 27 when it discharged him because of his disability and because he requested a reasonable

28 accommodation.

-1-

1

JURISDICTION AND VENUE

2 1. Jurisdiction of this Court is invoked pursuant to 28 U.S.C. §§ 451, 1331, 1337,

3 1343 and 1345. This action is authorized and instituted pursuant to Section 107(a) of the

4 Americans with Disabilities Act of 1990 ("ADA"), 42 U.S.C. § 12117(a), which

5 incorporates by reference Sections 706(f)(1) and (3) of Title VII of the Civil Rights Act

6 of 1964 ("Title VII"), 42 U.S.C. §§ 2000e-5(f)(1) and (3), and pursuant to Section 102 of

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

8 2. The employment practices alleged to be unlawful were committed within the

9 jurisdiction of the United States District Court for the District of Arizona.

10

PARTIES

11 3. Plaintiff, the Equal Employment Opportunity Commission (the "Commission"), is

12 the agency of the United States of America charged with the administration,

13 interpretation and enforcement of Title I of the ADA and is expressly authorized to bring

14 this action by Section 107(a) of the ADA, 42 U.S.C. § 12117(a), which incorporates by

15 reference Sections 706(f)(1) and (3) of Title VII, 42 U.S.C. §§ 2000e-5(f)(1).

16 4. At all relevant times, Defendant, RV Fun, Inc., an Arizona corporation, has

17 continuously been doing business in the state of Arizona and the city of Lake Havasu

18 City, and has continuously had at least 15 employees.

19 5. At all relevant times, Defendant has continuously been an employer engaged in an

20 industry affecting commerce under Section 101(5) of the ADA, 42 U.S.C.§ 12111(5), and

21 Section 101(7) of the ADA, 42 U.S.C. § 12111(7), which incorporates by reference

22 Sections 701(g) and (h) of Title VII, 42 U.S.C. §§ 2000e(g) and (h).

23 6. At all relevant times, Defendant has been a covered entity under Section 101(2) of

24 the ADA, 42 U.S.C. § 12111(2).

25

26

27

28

-2-

1

STATEMENT OF CLAIMS

2 7. More than thirty days prior to the institution of this lawsuit, Christiaan Calhoon

3 filed a charge with the Commission alleging violations of Titles I and V of the ADA by

4 Defendant RV Fun. All conditions precedent to the institution of this lawsuit have been

5 fulfilled.

6 8. Christiaan Calhoon is a qualified individual with a disability and is covered by

7 Title I of the ADA, 42 U.S.C. §§ 12101 et seq.

8 9. Christiaan Calhoon is experienced in commercial janitorial and cleaning work and

9 worked in a janitorial and cleaning capacity for RV Fun.

10 10. Since at least April 7, 2004, Defendant RV Fun has engaged in unlawful

11 employment practices at its Lake Havasu City, Arizona location, in violation of Titles I

12 and V of the ADA, 42 U.S.C. §§ 12101 et seq. These practices include:

13

a. Denying Mr. Calhoon a reasonable accommodation;

14

b. Discharging Mr. Calhoon because of his disability; and

15

c. Discharging Mr. Calhoon because he requested a reasonable

16

accommodation.

17 11. The effect of the practices complained of in paragraph 10 above has been to

18 deprive Christiaan Calhoon of equal employment opportunities and otherwise adversely

19 affect his status as an employee because of his disability.

20 12. The unlawful employment practices complained of in paragraph 10 were

21 intentional.

22 13. The unlawful employment practices complained of in paragraph 10 above were

23 done with malice or with reckless indifference to the federally protected rights of

24 Christiaan Calhoon.

25

26

27

28

-3-

1

PRAYER FOR RELIEF

2

Wherefore, the Commission respectfully requests that this Court:

3 A. Grant a permanent injunction enjoining Defendant RV Fun, its officers,

4 successors, assigns, and all persons in active concert or participation with it, from

5 engaging in those actions alleged in paragraph 10 and any other employment practice

6 which discriminates on the basis of disability.

7 B. Order Defendant RV Fun to institute and carry out policies, practices, and

8 programs which provide equal employment opportunities for qualified individuals with

9 disability, and which eradicate the effects of its past and present unlawful employment

10 practices.

11 C. Order Defendant RV Fun to make whole Christiaan Calhoon by providing

12 appropriate back pay with prejudgment interest, in amounts to be determined at trial, and

13 other affirmative relief necessary to eradicate the effects of its unlawful employment

14 practices, including but not limited to institution of training programs which educate

15 employees about disability and anti-discrimination laws and transmission of a letter of

16 apology to Christiaan Calhoon.

17 D. Order Defendant RV Fun to make whole Christiaan Calhoon by providing

18 compensation for past and future nonpecuniary losses resulting from the unlawful

19 practices complained of in paragraph 10 above, including emotional pain, suffering,

20 inconvenience, loss of enjoyment of life, and humiliation, in amounts to be determined at

21 trial.

22 E. Order Defendant RV Fun to pay Christiaan Calhoon punitive damages for its

23 malicious and reckless conduct, as described in paragraph 10 above, in amounts to be

24 determined at trial.

25 F. Grant such further relief as the Court deems necessary and proper in the public

26 interest.

27 G. Award the Commission its costs in this action.

28

-4-

1

JURY TRIAL DEMAND

2

The Commission requests a jury trial on all questions of fact raised by its

3 complaint.

4

5

RESPECTFULLY SUBMITTED, this 30th day of June, 2006,

6

7

JAMES L. LEE

Deputy General Counsel
8

9

GWENDOLYN YOUNG REAMS

Associate General Counsel
10

11

EQUAL EMPLOYMENT

OPPORTUNITY COMMISSION

12

1801 L Street, N.W.

13

Washington, D.C. 20507

14

15

s/ Mary J. O’Neill___

MARY JO O’NEILL

16

Regional Attorney

17
s/Sally C. Shanley

18

SALLY C. SHANLEY

19

Supervisory Trial Attorney

20

s/ Valerie L. Meyer

21

VALERIE L. MEYER

Trial Attorney

22

23

EQUAL EMPLOYMENT

OPPORTUNITY COMMISSION

24

Phoenix District Office

25

3300 N. Central Ave., Suite 690

Phoenix, Arizona 85012

26

27

28

-5-

 
 1 Mary Jo O'Neill, AZ Bar No. 005924

Sally C. Shanley, AZ Bar No. 012251
2 Valerie L. Meyer, CA Bar No. 228586

3

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Phoenix District Office

4

3300 North Central Avenue, Suite 690 Phoenix, Arizona 85012-2504

5 Telephone: (602) 640-4988
Fax: (602) 640-5009

6 E-Mail: mary.oneill@eeoc.gov

sally.shanley@eeoc.gov

7

valerie.meyer@eeoc.gov

Attorneys for Plaintiff
8

9

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA

10

PRESCOTT DIVISION

11

12 EQUAL EMPLOYMENT

OPPORTUNITY COMMISSION,

13

Plaintiff,

) Case No.: CV06-1675-PCT-EHC ) ) FIRST AMENDED COMPLAINT )

14 15

vs. RV FUN, INC., an Arizona corporation,

) )

JURY TRIAL DEMANDED

)

16 d/b/a COWBOYS RV MART,

)

Defendant.

)

17

18

NATURE OF THE ACTION

19

This is an action under Titles I and V of the Americans with Disabilities Act of

20 1990 ("ADA") and Title I of the Civil Rights Act of 1991 to correct unlawful employment

21 practices on the basis of disability and to provide appropriate relief to Christiaan C.
22 Calhoon, who was adversely affected by such practices. The Commission alleges that 23
RV Fun, Inc. ("RV Fun") discriminated against Mr. Calhoon on the basis of his disability, 24
Attention Deficit Disorder ("ADD"), when it denied him a reasonable accommodation in 25 26 his position of Recreational Vehicle (RV) Cleaner and Washer and when it discharged
27 him because of his disability and because he requested a reasonable accommodation.

28

1

JURISDICTION AND VENUE

2 1. Jurisdiction of this Court is invoked pursuant to 28 U.S.C. §§ 451, 1331, 1337,

3 1343 and 1345. This action is authorized and instituted pursuant to Section 107(a) of the

4 Americans with Disabilities Act of 1990 ("ADA"), 42 U.S.C. § 12117(a), which

5 incorporates by reference Sections 706(f)(1) and (3) of Title VII of the Civil Rights Act

6 of 1964 ("Title VII"), 42 U.S.C. §§ 2000e-5(f)(1) and (3), and pursuant to Section 102 of

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

8 2. The employment practices alleged to be unlawful were committed within the

9 jurisdiction of the United States District Court for the District of Arizona.

10

PARTIES

11 3. Plaintiff, the Equal Employment Opportunity Commission (the "Commission"), is

12 the agency of the United States of America charged with the administration, interpretation

13 and enforcement of Title I of the ADA and is expressly authorized to bring this action by

14 Section 107(a) of the ADA, 42 U.S.C. § 12117(a), which incorporates by reference

15 Sections 706(f)(1) and (3) of Title VII, 42 U.S.C. §§ 2000e-5(f)(1).

16 4. At all relevant times, Defendant, RV Fun, Inc., an Arizona corporation, has

17 continuously been doing business in the state of Arizona and the city of Lake Havasu

18 City, and has continuously had at least 15 employees.

19 5. At all relevant times, Defendant has continuously been an employer engaged in an

20 industry affecting commerce under Section 101(5) of the ADA, 42 U.S.C.§ 12111(5), and

21 Section 101(7) of the ADA, 42 U.S.C. § 12111(7), which incorporates by reference

22 Sections 701(g) and (h) of Title VII, 42 U.S.C. §§ 2000e(g) and (h).

23 6. At all relevant times, Defendant has been a covered entity under Section 101(2) of

24 the ADA, 42 U.S.C. § 12111(2).

25 . . .

26 . . .

27 . . .

28 . . .

2

1

STATEMENT OF CLAIMS

2 7. More than thirty days prior to the institution of this lawsuit, Christiaan Calhoon

3 filed a charge with the Commission alleging violations of Titles I and V of the ADA by

4 Defendant RV Fun. All conditions precedent to the institution of this lawsuit have been

5 fulfilled.

6 8. Christiaan Calhoon is a qualified individual with a disability and is covered by

7 Title I of the ADA, 42 U.S.C. §§ 12101 et seq.

8 9. Christiaan Calhoon is experienced in commercial janitorial and cleaning work and

9 worked in a janitorial and cleaning capacity for RV Fun.

10 10. Since at least April 7, 2004, Defendant RV Fun has engaged in unlawful

11 employment practices at its Lake Havasu City, Arizona location, in violation of Titles I

12 and V of the ADA, 42 U.S.C. §§ 12101 et seq. These practices include:

13

a. Denying Mr. Calhoon a reasonable accommodation;

14

b. Discharging Mr. Calhoon because of his disability;

15

c. Discharging Mr. Calhoon because he requested a reasonable

16

accommodation.

17 11. The effect of the practices complained of in paragraph 10 above has been to

18 deprive Christiaan Calhoon of equal employment opportunities and otherwise adversely

19 affect his status as an employee because of his disability.

20 12. The unlawful employment practices complained of in paragraph 10 were

21 intentional.

22 13. The unlawful employment practices complained of in paragraph 10 above were

23 done with malice or with reckless indifference to the federally protected rights of

24 Christiaan Calhoon.

25 . . .

26 . . .

27 . . .

28 . . .

3

1

PRAYER FOR RELIEF

2

Wherefore, the Commission respectfully requests that this Court:

3 A. Grant a permanent injunction enjoining Defendant RV Fun, its officers,

4 successors, assigns, and all persons in active concert or participation with it, from

5 engaging in those actions alleged in paragraph 10 and any other employment practice

6 which discriminates on the basis of disability.

7 B. Order Defendant RV Fun to institute and carry out policies, practices, and

8 programs which provide equal employment opportunities for qualified individuals with

9 disability, and which eradicate the effects of its past and present unlawful employment

10 practices.

11 C. Order Defendant RV Fun to make whole Christiaan Calhoon by providing

12 appropriate back pay with prejudgment interest, in amounts to be determined at trial, and

13 other affirmative relief necessary to eradicate the effects of its unlawful employment

14 practices, including but not limited to institution of training programs which educate

15 employees about disability and anti-discrimination laws and transmission of a letter of

16 apology to Christiaan Calhoon.

17 D. Order Defendant RV Fun to make whole Christiaan Calhoon by providing

18 compensation for past and future nonpecuniary losses resulting from the unlawful

19 practices complained of in paragraph 10 above, including emotional pain, suffering,

20 inconvenience, loss of enjoyment of life, and humiliation, in amounts to be determined at

21 trial.

22 E. Order Defendant RV Fun to pay Christiaan Calhoon punitive damages for its

23 malicious and reckless conduct, as described in paragraph 10 above, in amounts to be

24 determined at trial.

25 F. Grant such further relief as the Court deems necessary and proper in the public

26 interest.

27 G. Award the Commission its costs in this action.

28

4

1

JURY TRIAL DEMAND

2

The Commission requests a jury trial on all questions of fact raised by its

3 complaint.

4

5

RESPECTFULLY SUBMITTED, this 22nd day of August, 2006.

6

7

JAMES L. LEE

Deputy General Counsel

8

GWENDOLYN YOUNG REAMS

9

Associate General Counsel

10

EQUAL EMPLOYMENT

OPPORTUNITY COMMISSION

11

1801 L Street, N.W.

Washington, D.C. 20507

12

13

s/ Mary J. O'Neill

MARY JO O'NEILL

14

Regional Attorney

15

s/Sally C. Shanley

16

SALLY C. SHANLEY

Supervisory Trial Attorney

17

18

s/ Valerie L. Meyer

VALERIE L. MEYER

19

Trial Attorney

20

EQUAL EMPLOYMENT

OPPORTUNITY COMMISSION

21

Phoenix District Office

3300 N. Central Ave., Suite 690

22

Phoenix, Arizona 85012

23

24

25

26

27

28

5

1

Certificate of Service

2

I certify that on this 22nd day of August 2006, I electronically transmitted the

3 attached document to the Clerk's Office using the ECF System for filing and transmittal

4 of a Notice of Electronic Filing to the following ECF registrants:

5 Richard J. Galván, Esq.

6

Carson, Messinger, Elliott, Laughlin & Ragan, P.L.L.C.

7 3300 N. Central Avenue, 19th Floor Phoenix, Arizona 85012

8

9 s/Phyllis Brady

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

6

 
 1

2

3

4

5

IN THE UNITED STATES DISTRICT COURT

6

FOR THE DISTRICT OF ARIZONA

7

8 Equal Employment Opportunity)

Commission ,

)

9

)

Plaintiff,

)

10

)

vs.

)

11

)

)

12 RV Fun, Inc., an Arizona corporation d/b/a)

Cowboys RV Mart,

)

13

)

Defendant.

)

14

)

)

15

No. CV 06-01675-PHX-EHC ORDER

16

17

The Court has reviewed the parties' Joint Motion for Entry of Consent Decree (Dkt.

18 24). The Consent Decree is attached to Docket 24.

19

Accordingly,

20

IT IS ORDERED that the Consent Decree is signed this date and is to be filed with

21 the Clerk.

22

23

DATED this 13th day of December, 2006.

24

25

26

27

28

 
 1

2

3

4

5

6

7

8
IN THE UNITED STATES DISTRICT COURT
9
FOR THE DISTRICT OF ARIZONA
10

11 EQUAL EMPLOYMENT 12 OPPORTUNITY COMMISSION,

13

Plaintiff,

14

vs.

15 RV FUN, INC., an Arizona corporation, 16 d/b/a COWBOYS RV MART,

17

Defendant.

18

) ) CV06-1675-PCT-EHC ) ) CONSENT DECREE ) ) ) ) ) ) ) ) ) )

19
The United States Equal Employment Opportunity Commission (the
20
"Commission") filed this action against RV Fun, Inc., doing business as Cowboy’s RV
21
Mart, under Title I of the Americans with Disabilities Act (ADA) of 1990 and Title I of
22
the Civil Rights Act of 1991 to correct unlawful employment practices on the basis of
23
disability and to provide appropriate relief to Christiaan Calhoon, who was adversely
24
affected by such practices. The Commission alleged that RV Fun, Inc. discriminated
25
against Mr. Calhoon on the basis of his disability, Attention Deficit Disorder (“ADD”),
26
by denying him a reasonable accommodation in his position of Recreational Vehicle
27

28

-1-

1 (RV) Cleaner and Washer and by discharging him because of his disability and because

2 he requested a reasonable accommodation.

3

The Parties do not object to the jurisdiction of the Court over this action and waive

4 their rights to a hearing and the entry of findings of fact and conclusions of law. The

5 parties agree that this Consent Decree is fair, reasonable, and equitable and does not

6 violate the law or public policy.

7

In the interest of resolving this matter, and as a result of having engaged in

8 comprehensive settlement negotiations, the Parties agree that this action should be finally

9 resolved by entry of this Decree.

10

It is ORDERED, ADJUDGED AND DECREED:

11

1. This Decree resolves all claims arising out of the issues between the

12 Commission and Defendant RV Fun, Inc. (“RV Fun” or “Defendant”) in this lawsuit or

13 raised in the charge of Christiaan Calhoon, No. 350-2004-03346, including without

14 limitation, back pay, compensatory and punitive damages, injunctive relief, costs and

15 attorney's fees.

16

INJUNCTION

17

2. Defendant and its officers, agents, employees, successors, and assigns both

18 at the time that this Decree becomes effective and for the duration of this Decree, are

19 enjoined from: (a) discriminating against any employee on the basis of disability; (b)

20 altering the terms and conditions of any employee’s employment because of disability;

21 (c) refusing to reasonably accommodate any employee who requires a reasonable

22 accommodation, as required by the ADA, and; (d) retaliating against any employee

23 because he or she: (i) opposes or opposed discriminatory practices made unlawful by

24 ADA; (ii) files or filed a charge of discrimination or assists, assisted, participates, or

25 participated in the filing of a charge of discrimination; or (iii) assists, assisted,

26 participates or participated in an investigation or proceeding brought under the Federal or

27 State laws prohibiting discrimination or retaliation.

28

-2-

1

MONETARY RELIEF

2

3. Defendant shall pay the amount of $30,000. The payment shall be made

3 directly to Christiaan Calhoon by check or money order at the address provided by the

4 EEOC. This payment represents settlement of compensatory damages. Defendant shall

5 make no deductions from this amount. The compensation is to be paid within ten (10)

6 calendar days of the entry of this Consent Decree. By January 31, 2007, Defendant shall

7 issue United States Internal Revenue Service Form 1099 to Mr. Calhoon for the payment.

8

4. Within 5 business days of the date the check or money order is placed in

9 the mail pursuant to this Consent Decree, a copy of the check will be furnished to the

10 Regional Attorney, Equal Employment Opportunity Commission, Phoenix District

11 Office, 3300 North Central Avenue, Suite 690, Phoenix, Arizona 85012.

12

OTHER RELIEF

13

5. Defendant will institute and carry out policies and procedures that help

14 assure a work environment free from disability discrimination for its employees, that

15 allow employees to raise concerns or complaints without retaliation about matters,

16 whether alleged, perceived or actual, made unlawful by the ADA and that provide

17 procedures for employees to request reasonable accommodations.

18

6. Defendant will post the Notice contained in the attached Attachment A.

19 The Notice will be posted in an appropriate place frequented by employees, for the

20 duration of this decree. The Notice shall be the same type, size, and style as Attachment

21 A.

22

7. To assist Defendant in understanding disability discrimination, Defendant

23 shall require its CEO, Sherman Henson, to attend a course, seminar or training session on

24 awareness of and sensitivity to disabilities, which includes mental disabilities.

25

a. Defendant will arrange for and be financially responsible for the

26

course, seminar, or training session.

27

b. The course, seminar, or training session selected shall be subject to

28

approval by the Commission.

-3-

1

c. The training shall be at least two (2) hours in length, including

2

twenty (20) minutes for questions and answers.

3

d. The training shall be completed within ninety (90) days of entry of

4

this consent decree.

5

e. The training shall focus on the ADA, including mental disabilities.

6

The Training will include the subject of what constitutes a disability and shall also

7

cover typical manifestations of mental disabilities in the workplace at both the

8

application and employment phases; common challenges faced by individuals with

9

mental disabilities in the workplace; the interactive process and possible

10

accommodations of mental disabilities; and informational resources available to

11

employers of individuals with mental disabilities.

12

8. To assist Defendant in achieving and maintaining compliance in the area of

13 anti-discrimination and equal employment opportunity with respect to the ADA, within

14 sixty (60) days of the entry of the Decree, Defendant will select, subject to approval of

15 the EEOC, an appropriate and qualified employee or appropriate and qualified third-party

16 administrator to be responsible for the duties described in Paragraph 9. The EEOC shall

17 notify Defendant within fourteen (14) days whether or not it approves of Defendant’s

18 choice. If Defendant selects one of its employees rather than a third-party administrator,

19 the EEOC may condition its approval of the selectee upon the selectee’s completion of

20 additional training on disability discrimination and the provisions of the ADA. The

21 training in paragraph 7 shall suffice. In the event that the EEOC and Defendant are

22 unable to agree on the selection of an employee or third-party administrator, they may

23 each submit the names and curriculum vitae of not more than two proposed employees or

24 third-party administrators, and the Court will make the selection.

25

9. The employee or third-party administrator selected pursuant to Paragraph 8

26 shall be responsible for: (a) creating and implementing, and/or reviewing and revising,

27 Defendant's ADA anti-discrimination policies; (b) creating and implementing, and/or

28 reviewing and revising, Defendant’s procedures with respect to responding to and

-4-

1 keeping records regarding ADA complaints received; (c) receiving and investigating

2 ADA complaints of discrimination; (d) evaluating and, if appropriate, referring

3 employees to Defendant for discipline or termination for violation of Defendant's anti-

4 discrimination policies; (e) evaluating employees in the area of anti-discrimination/equal

5 employment opportunity policies with respect to the ADA; and (f) preparing reports to

6 the Commission, as required by this Decree.

7

10. Defendant will provide training on disability discrimination and retaliation,

8 according to the following terms:

9

a. Defendant will arrange for and be financially responsible for a

10

consultant/lecturer(s) who will provide consultation and a training session for all

11

of its employees. The training session(s) shall be provided jointly by the

12

consultant/lecturer(s).

13

b. The seminar training session shall be at least one and one-half (1 ½)

14

hours in length, including thirty (30) minutes for questions and answers. All of

15

Defendant’s supervisory, management and non-supervisory employees shall attend

16

the seminar session.

17

c. Defendant shall keep a written record of all employees who attend

18

the training. Defendant may at its election have duplicative sessions to

19

accommodate staffing needs or videotape the training session. Defendant shall be

20

responsible for any additional costs to provide such duplicative or videotaped

21

sessions.

22

d. The seminar-training session shall be held within four months of the

23

entry of the consent decree.

24

e. All personnel, designated in Paragraphs 10(a) and (b) above, shall

25

both register for and attend the seminar-training session or view a videotape of the

26

session. The registry of attendance shall be retained by Defendant for the duration

27

of the Decree.

28

-5-

1

f. The training will include the subject of what constitutes disability

2

discrimination, as well as retaliation for engaging in protected activity under the

3

ADA. In addition, the training will cover the myths often associated with the

4

ability of disabled individuals to work. The training will also cover discrimination

5

in violation of the ADA in the hiring, firing, compensation, assignment or other

6

terms, conditions or privileges of employment; the prevention of discrimination;

7

how to provide a work environment free from discrimination, harassment and

8

retaliation; and to whom and by what means employees may complain if they feel

9

they have been subjected to discrimination, harassment or retaliation in the

10

workplace. The session shall also review and explain Defendant's disability

11

policies.

12

11. During the live training session(s), Defendant’s CEO will speak to the

13 employees about the discipline that can be taken against supervisors, managers and

14 employees who commit acts of disability discrimination, harassment or retaliation or

15 allow discrimination, harassment or retaliation to occur in the workplace; the importance

16 of maintaining an environment free of discrimination; and Defendant's ADA anti-

17 discrimination policies.

18

12. The Commission, at its discretion, may designate representatives to attend

19 the seminar-training sessions. The representatives shall have the right to participate in the

20 sessions.

21

13. Within ninety (90) days of the entry of this Decree, Defendant will create

22 and implement written policies concerning discrimination and retaliation that conform

23 with the law. Defendant’s written policies must include, at a minimum:

24

a. A strong and clear commitment to a workplace free of disability

25

discrimination;

26

b. A clear and strong encouragement of persons who believe they have

27

been discriminated against to come forward;

28

-6-

1

c. A description of the consequences, up to and including termination,

2

that will be imposed upon violators of the policy;

3

d. A statement of Defendant’s intent to handle complaints of disability

4

discrimination as confidentially as appropriate under the circumstances;

5

e. An assurance of non-retaliation for persons who believe they have

6

been discriminated against and for witnesses of discrimination;

7

f. That discrimination on the basis of disability by anyone, including

8

management officials, supervisors, vendors, suppliers, third parties and customers,

9

is prohibited and will not be tolerated;

10

g. The identification of specific alternative individuals, including

11

managers with their telephone numbers, to whom employees who have been

12

subjected to disability discrimination can report the discrimination and who have

13

the authority to investigate allegations of discrimination in a neutral and

14

confidential manner;

15

h. A written statement that an employee may report the harassment to a

16

designated person outside of his or her chain of management should the

17

complainant believe managers in the chain of command have a conflict of interest,

18

are implicated in the allegations, or may not adequately investigate the complaint;

19

i. Assurances that Defendant will investigate allegations of disability

20

discrimination promptly, fairly, reasonably and effectively by appropriate

21

investigators and that appropriate corrective action will be taken by Defendant to

22

make victims whole and to eradicate the discrimination;

23

j. A written statement assuring employees who need a reasonable

24

accommodation to enable them to complain or to participate in the investigation

25

process that they shall be provided such accommodation and advising them how to

26

obtain such accommodation. The statement shall also include a provision stating

27

that managers are not allowed to withdraw previously approved accommodations

28

without approval of the CEO; and

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1

k. Information regarding the employee's right to file a charge of

2

discrimination with the EEOC or the Arizona Civil Rights Division (“ACRD”),

3

including contact telephone, TDY/TDD and addresses for the EEOC and ACRD.

4

14. These policies shall be posted in a prominent location at Defendant’s

5 facilities in Arizona. These policies shall be transmitted to Defendant’s employees by its

6 CEO and distributed to each current employee within ninety (90) days of the entry of the

7 Decree. These policies shall be distributed to all new employees when hired. These

8 policies also shall be posted in a prominent place frequented by Defendant’s employees.

9 Defendant shall make these written policies available in alternative formats as necessary

10 for persons with cognitive and print disabilities that may prevent them from reading the

11 policies. Alternative formats will include but not be limited to an audiotape format.

12

15. Defendant shall promptly and appropriately investigate all complaints of

13 disability discrimination. The investigation must include a finding of whether

14 discrimination occurred, a credibility assessment; interviews of all potential victims and

15 witnesses identified; and concurrent notes of the investigation. Defendant shall take

16 immediate appropriate corrective action to make discrimination victims whole, to

17 discipline violators and to eradicate the discrimination.

18

16. Defendant shall not retain documents related to the investigation in any of

19 the complainant's personnel files. All disciplinary actions taken against employees for

20 violation of Defendant's ADA anti-discrimination policy will be retained in the violator's

21 personnel file. In those cases in which no conclusion could be reached on the allegations,

22 the investigation documents shall remain in the alleged violator's file.

23

APOLOGY LETTER

24

17. Within fourteen (14) days of the entry of the Decree, Defendant’s CEO

25 shall prepare a letter of apology to Mr. Calhoon as attached as Attachment B. Within 5

26 business days of the date the letter of apology is placed in the mail pursuant to this

27 Consent Decree, a copy of the letter of apology will be furnished to the Regional

28

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1 Attorney, Equal Employment Opportunity Commission, Phoenix District Office, 3300

2 North Central Avenue, Suite 690, Phoenix, Arizona 85012.

3

REPORTING BY DEFENDANT AND ACCESS BY EEOC

4

18. Defendant shall report in writing and in affidavit form to the Regional

5 Attorney of the Commission's Phoenix District Office at 3300 N. Central Ave., Suite 690,

6 Phoenix, Arizona 85012, beginning six months from the date of the entry of this Decree,

7 and thereafter every six months for the duration of the Decree the following information:

8

a. Any changes, modifications, revocations, or revisions to its policies

9

and procedures which concern or affect the subject of disability discrimination and

10

retaliation.

11

b. The name, address, position, social security number and telephone

12

number of any individual who has brought allegations of discrimination and/or

13

retaliation against Defendant's personnel, formal or informal, including, but not

14

limited to, management officials, vendors, agents, employees and/or customers,

15

during the six months preceding the report. The nature of the complaint,

16

investigatory efforts made by Defendant and the corrective action taken, if any,

17

shall be specified.

18

c. The registry of persons attending the seminar(s) required in

19

Paragraph 10(e) of this Decree and a list of current personnel employed by

20

Defendant on the days of the seminar-training sessions.

21

d. Confirmation that: (i) the Notice required in Paragraph 6 of this

22

Decree was posted and the location(s) where it was posted; and (ii) the policies

23

required in Paragraph 13 were distributed to each current and new employee and

24

posted.

25

19. The Commission, upon reasonable notice, shall have the right to enter and

26 inspect Defendant’s premises to ensure compliance with this Decree and the ADA's

27 prohibition of disability discrimination, as well as retaliation.

28

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1

AFFIDAVIT OF COMPLIANCE

2

20. Defendant will report in writing and in affidavit form to the Commission on

3 a semi-annual bases within six (6) months from the entry of this Decree. The affidavit

4 shall attest that Defendant has taken the action required with each and every provision of

5 this Consent Decree.

6

21. The duration of this Decree shall be twenty-four (24) months from the date

7 of its entry.

8

22. The parties shall bear their own attorneys' fees and costs incurred in this

9 action up to the date of entry of this Decree.

10

23. This Court shall retain jurisdiction of this action for a period of twenty-four

11 (24) months after entry of the Decree. This Decree shall expire by its own terms at the

12 end of twenty-four (24) months after entry of the Decree, without further action by the

13 parties or the Court.

14

24. The Commission may petition this Court for compliance with this Decree at

15 any time during which this Court maintains jurisdiction over this action. Should the

16 Court determine that Defendant has not complied with this Decree, appropriate relief,

17 including extension of this Decree for such period as may be necessary to remedy its non-

18 compliance, may be ordered.

19

25. The parties agree to the entry of this decree subject to final approval by the

20 Court.

21

Dated this 13th day of December, 2006.

22

23

24

25

26

27

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1

APPROVED AND CONSENTED TO:

2

3

s/Mary Jo O’Neill

4

Mary Jo O’Neill

5

Regional Attorney

6

s/ Sally C. Shanley

7

Sally C. Shanley

Supervisory Trial Attorney
8

9

s/ Valerie L. Meyer

Valerie L. Meyer

10

Trial Attorney

11

EQUAL EMPLOYMENT

OPPORTUNITY COMMISSION

12

Phoenix District Office

13

Suite 690

3300 North Central Avenue

14

Phoenix, Arizona 85012

15

(602) 640-4988

Attorneys for Plaintiff

16

17

18

s/ Richard J. Galván

19

Richard J. Galván, Esq.

Carson, Messinger, Elliott,

20

Laughlin & Ragan, P.L.L.C.

21

3300 N. Central Avenue, 19th Floor

Phoenix, Arizona 85012

22

Attorneys for Defendant
23

24

s/ Sherman Henson
25
Sherman Henson

26

CEO, RV Fun, Inc.

27

28

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Attachment A
NOTICE TO ALL EMPLOYEES OF RV FUN, INC (doing business as COWBOY’S RV MART)

This notice is posted pursuant to a consent decree entered into in the Americans with Disabilities Act case EEOC v. RV Fun, Inc., d/b/a Cowboy’s RV Mart, CIV06-1675-PCT-EHC.

It is unlawful under federal law (the Americans with Disabilities Act) and state law to discriminate against an employee on the basis of disability. It is also unlawful to retaliate against any person because the person protested discriminatory practices or contacted the EEOC.

Cowboy’s RV Mart will not discriminate against any employee on the basis of disability and will not retaliate against any employee.

If you believe you have been discriminated against by Cowboy’s RV Mart, you have the right to seek assistance from:

(1) EEOC, 3300 North Central Avenue, Suite 690, Phoenix, Arizona 85012, (602) 640-5000; or

(2) Arizona Civil Rights Division (ACRD) of the Attorney General's Office, 1275 W. Washington, Phoenix, Arizona, 85007, (602) 255-5263.

and/or have the right to file a charge with the EEOC or ACRD if you believe you are being discriminated against.

No Retaliation Clause. No action may be taken against you by any supervisory or management official of Cowboy’s RV Mart for (1) opposing discriminatory practices made unlawful by federal law, (2) filing a charge or assisting or participating in the filing of a charge of discrimination, or (3) assisting or participating in an investigation or proceeding brought under state or federal law anti-discrimination laws. Should any such retaliatory actions be taken against you, you should immediately contact the EEOC or the ACRD and the address or telephone numbers listed above.

Dated:

___________________________________ Sherman Henson RV Fun, Inc./Cowboy’s RV Mart

[Cowboy’s RV Mart Letterhead]

Attachment B

[Date]

Christiaan Calhoon [Address]

Dear Mr. Calhoon,

As you are aware, a lawsuit was filed by the Equal Employment Opportunity Commission against RV Fun, Inc. (doing business as Cowboy’s RV Mart) alleging termination based on disability and failure to reasonably accommodate you.

Please accept my apology on behalf of myself and Cowboy’s RV Mart for any failure to accommodate you and negative treatment you endured because of your disability while you worked for us. Please accept my commitment that the company will take the necessary steps to ensure that current and future employees with disabilities will be accommodated and that employees will not be subjected to any harassment or retaliation.

I appreciate the service you provided to us. I wish you the best of luck in the future.

Sincerely,

Sherman Henson CEO, RV Fun, Inc. (doing business as Cowboy’s RV Mart)

 
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CLOSED, PROTO, STD
U.S. District Court DISTRICT OF ARIZONA (Prescott Division) CIVIL DOCKET FOR CASE #: 3:06-cv-01675-EHC

Equal Employment Opportunity Commission v. RV Fun Inc. Date Filed: 06/30/2006

Date Terminated: 12/14/2006

Assigned to: Judge Earl H Carroll

Jury Demand: Plaintiff

Cause: 42:1983 Civil Rights (Employment Discrimination) Nature of Suit: 445 Civil Rights:

Americans with Disabilities -

Employment

Jurisdiction: U.S. Government Plaintiff

Plaintiff
Equal Employment Opportunity Commission

represented by Mary Joleen O'Neill EEOC 3300 N Central Ave Ste 690 Phoenix, Az 85012-1848 602-640-5044 Fax: 602-640-5009 Email: mary.oneill@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Valerie Leigh Meyer US EEOC 3300 N Central Ave Ste 690 Phoenix, AZ 85012-2504 602-640-4988 Fax: 602-640-5009 Email: valerie.meyer@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Sally Clifford Shanley EEOC 3300 N Central Ave Suite 690 Phoenix, AZ 85012-1848 602-640-5007 Fax: 602-640-5009 Email: sally.shanley@eeoc.gov ATTORNEY TO BE NOTICED

V.

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Defendant
RV Fun Inc. an Arizona corporation doing business as Cowboys RV Mart agent of d/b/a Cowboys RV Mart

represented by Richard J Galvan Carson Messinger Elliott Laughlin & Ragan PLLC PO Box 33907 Phoenix, AZ 85067-3907 602-264-2261 Fax: 602-222-5570 Email: rgalvan@carsonlawfirm.com ATTORNEY TO BE NOTICED

Date Filed 06/30/2006 06/30/2006
07/05/2006 07/12/2006
08/04/2006 08/09/2006
08/15/2006
08/22/2006
08/23/2006
09/07/2006 09/13/2006
09/20/2006

#

Docket Text

1 COMPLAINT, filed by Equal Employment Opportunity Commission. (Shanley, Sally) (Entered: 06/30/2006)

This case has been assigned to the Honorable Earl H. Carroll. All future pleadings or documents should bear the correct case number: CV061675-PCT-EHC. (entered by ESH, ) (Entered: 07/05/2006)

2 Summons Issued as to RV Fun Inc.. (ESH, ) (Entered: 07/05/2006)

3 SUMMONS Returned Executed by Equal Employment Opportunity Commission. RV Fun Inc. served on 7/7/2006, answer due 7/27/2006. (Meyer, Valerie) (Entered: 07/12/2006)

4 NOTICE of Appearance by Richard J Galvan on behalf of all defendants (Galvan, Richard) (Entered: 08/04/2006)

5 MOTION for Extension of Time to File Answer re 1 Complaint Stipulation to Extend Time for Defendant to Respond to Complaint by RV Fun Inc.. (Galvan, Richard) (Entered: 08/09/2006)

6 ORDER granting 5 Motion for Extension of Time to Answer. RV Fun Inc. answer due 8/28/2006 . Signed by Judge Earl H Carroll on 8/14/06. (LCF) (Entered: 08/15/2006)

7 AMENDED COMPLAINT against RV Fun Inc.; Jury Demand, filed by Equal Employment Opportunity Commission.(Meyer, Valerie) (Entered: 08/22/2006)

8 ERRATA re 7 Amended Complaint by Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1 First Amended Complaint) (Meyer, Valerie) (Entered: 08/23/2006)

9 ANSWER to Amended Complaint by RV Fun Inc..(Galvan, Richard) (Entered: 09/07/2006)

10 ORDER Scheduling Conference set for 10/30/2006 10:00 AM before Judge Earl H Carroll.. Signed by Judge Earl H Carroll on 9/13/06. (SBU, ) (Entered: 09/13/2006)

11 Joint MOTION to Continue October 31, 2006 Scheduling Conference by

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09/26/2006 11/06/2006 11/06/2006 11/08/2006 11/13/2006
11/14/2006
11/15/2006 11/15/2006 11/16/2006 11/20/2006

Equal Employment Opportunity Commission. (Attachments: # 1 Text of Proposed Order)(Meyer, Valerie) (Entered: 09/20/2006)
12 ORDER granting Joint 11 Motion to Continue. Rule 16 Scheduling Conference is reset for 11/13/2006 09:45 AM before Judge Earl H Carroll. Signed by Judge Earl H Carroll on 9/25/06. (KMG, ) (Entered: 09/26/2006)
13 REPORT re: Rule 26(f) Planning Meeting by Equal Employment Opportunity Commission, RV Fun Inc.. (Meyer, Valerie) (Entered: 11/06/2006)
14 Notice re NOTICE OF SERVICE OF DEFENDANT'S INITIAL DISCLOSURES by RV Fun Inc. (Galvan, Richard) (Entered: 11/06/2006)
15 Notice re Service of Rule 26(a)(1) Initial Disclosure Statement by Equal Employment Opportunity Commission (Meyer, Valerie) (Entered: 11/08/2006)
16 Minute Entry for proceedings held before Judge Earl H. Carroll : Appearances: Valerie Meyer and Sally Shanley on behalf of plaintiff; Richard Galvan on behalf of defendant. Scheduling Conference held on 11/13/2006. The parties agree to participate in a settlement conference. Order to follow referring the matter to a Magistrate Judge for the purpose of setting a settlement conference. (This is a TEXT ONLY ENTRY. There is no PDF document associated with this entry.) (Court Reporter Candy Potter.) (BAH) (Entered: 11/13/2006)
17 ORDER pursuant to the scheduling conference held 11/13/06 - Discovery is due by 9/14/2007. Dispositive motions due by 10/19/2007. Joint Proposed Pretrial Order due by 12/20/2007. Final Pretrial Conference set for 1/7/2008 09:00 AM before Judge Earl H Carroll. Jury Trial set for 1/15/2008 09:00 AM before Judge Earl H Carroll. Signed by Judge Earl H Carroll on 11/13/06. (KMG, ) (Entered: 11/14/2006)
18 Notice re Service of First Discovery Requests to Defendant by Equal Employment Opportunity Commission (Meyer, Valerie) (Entered: 11/15/2006)
19 STIPULATION Regarding Confidentiality of Medical Records by Equal Employment Opportunity Commission, RV Fun Inc.. (Attachments: # 1 Text of Proposed Order)(Meyer, Valerie) (Entered: 11/15/2006)
20 ORDERED Settlement Conference set for 12/8/2006 at 9:30 AM in Courtroom 304, 401 West Washington Street, Phoenix, AZ 85003 before Magistrate Judge Edward C Voss. Signed by Judge Edward C Voss on November 16, 2006. (ECV) (Entered: 11/16/2006)
21 PROTECTIVE ORDER Pursuant to the parties' Stipulation Regarding Confidentiality of Medical Records 19 filed on November 15, 2006. Signed by Judge Earl H Carroll on 11/20/06. (KMG) (Entered: 11/20/2006)

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11/22/2006 11/28/2006 12/11/2006 12/13/2006 12/14/2006
12/14/2006

22 Notice re Service of Discovery Requests by RV Fun Inc. on the EEOC (Galvan, Richard) (Entered: 11/22/2006)
23 Notice re Service of First Supplemental Disclosure by Equal Employment Opportunity Commission (Meyer, Valerie) (Entered: 11/28/2006)
24 Joint MOTION to Approve Consent Judgment by Equal Employment Opportunity Commission, RV Fun Inc.. (Attachments: # 1 Proposed Consent Decree)(Meyer, Valerie) (Entered: 12/11/2006)
25 Minute Entry. Proceedings held before Judge Edward C Voss: Settlement Conference held on 12/13/2006. (Court Reporter COURTSMART.) (ECV) (Entered: 12/13/2006)
26 ORDER - The Court has reviewed the parties' 24 Joint Motion for Entry of Consent Decree, IT IS ORDERED that the Consent Decree is signed this date and is to be filed with the Clerk. Signed by Judge Earl H Carroll on 12/13/06.(SAT) (Entered: 12/14/2006)
27 CONSENT DECREE - IT IS ORDERED, ADJUDGED AND DECREED: This Decree resolves all claims arising out of the issues between the Commission and Defendant RV Fun, Inc. in this lawsuit or raised in the charge of Christiaan Calhoon, No. 350-2004-03346, including without limitation, back pay, compensatory and punitive damages, injunctive relief, costs and attorney's fees. Signed by Judge Earl H Carroll on 12/13/06. (SAT) (Entered: 12/14/2006)

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