Case 2:02-cv-02314-UWC Document 1 Filed 09/19/2002 Page 1 of 6
" .l
r-p r=n
IN THE UNITED STATES DISTRICT COURT" ", :.,. ',.
FOR THE NORTHERN DISTRICT OF A~1)9 P~1 ~: 19
SOUTHERN DIVISION

EQUAL EMPLOYMENT OPPORTUNITY]

COMMISSION,

]

]

Plaintiff,

]

]

vs.

]

]

R & J Enterprises, d.b.a. International ]

House of Pancakes, AJM Inc.,

]

d.b.a. International House of

]

Pancakes, and Strategic

]

Outsourcing, Inc.

]

]

Defendants.

]

]

]

CIVIL ACTION #
COMPLAINT JURY TRIAL DEMAND

NATURE OF THE ACTION

1 .

This is an action brought under Title VII of the Civil Rights Act of 1964, as

amended, 42 U.S.C. § 2000e et seq. ("Title VII) to correct unlawful employment practices

on the basis of sex, and to make whole Quontae Bolton, Carolyn Burrell, Peggy Sherman,

Enica Daniels and a class of women who were aggrieved by the unlawful practices. The

Equal Employment Opportunity Commission alleges that the Defendants discriminated

against these women by subjecting them to an environment charged with sexual

harassment.

JURISDICTION AND VENUE

2.

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

1343 and 1345. This action is authorized and instituted pursuant to §§ 703(a)(1), 706(f)(1)

\

Case 2:02-cv-02314-UWC Document 1 Filed 09/19/2002 Page 2 of 6

and (3) of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e-5(f)(1)

and (3) and § 102 of the Civil Rights Act of 1991, 42 U.S.C. § 1981 A.

3.

The employment practices alleged to be unlawful herein were committed within

the jurisdiction of the United States District Court for the Northern District of Alabama.

PARTIES

4.

The Plaintiff, the 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) of Title VII, 42 U.S.C. § 2000e-5(f)(1).

5.

At all relevant times, the Defendant, R & J Enterprises d.b.a. International

House of Pancakes, has continuously been a corporation doing business in the State of

Alabama, and has continuously had at least fifteen employees.

6.

At all relevant times, the Defendant, AJM, Inc., d.b.a. International House of

Pancakes, has continuously been a corporation doing business in the State of Alabama,

and has continuously had at least fifteen employees.

7.

At all relevant times, the Defendant, Strategic Outsourcing, Inc. has

continuously been a corporation doing business in the State of Alabama, and has

continuously had at least fifteen employees.

8.

At all relevant times, the Defendants, individually and collective, have

continuously been and are now employers 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).

9.

At all relevant times, the Defendants, individually and collectively, have acted

either as joint employers or as agents for one another in regard to the employment of a

class of female workers who have been subjected to a sexually hostile work environment.

Case 2:02-cv-02314-UWC Document 1 Filed 09/19/2002 Page 3 of 6

STATEMENT OF CLAIMS

10.

More than thirty days prior to the institution of this lawsuit, Quontae Bolton filed

a charge with the Commission alleging violations of Title VII by the Defendants or their

agents. The Commission issued a decision on May 31,2001, in which it found reasonable

cause to believe that Ms. Bolton and a class of similarly situated women had been

discriminated against by Defendants through the creation and maintenance of a sexually

hostile work environment.

11.

More than thirty days prior to the institution of this lawsuit, Carolyn Burrell filed

a charge with the Commission alleging violations of Title VII by the Defendants or their

agents. The Commission issued a decision on May 31,2001, in which it found reasonable

cause to believe that Ms. Burrell and a class of similarly situated women had been

discriminated against by Defendants through the creation and maintenance of a sexually

hostile work environment.

12.

More than thirty days prior to the institution of this lawsuit, Peggy Sherman filed

a charge with the Commission alleging violations of Title VII by the Defendants or their

agents. The Commission issued a decision on September 24, 2001, in which it found

reasonable cause to believe that Ms. Sherman and a class of similarly situated women had

been discriminated against by Defendants through the creation and maintenance of a

sexually hostile work environment.

13.

More than thirty days prior to the institution of this lawsuit, Enica Daniels filed

a charge with the Commission alleging violations of Title VII by the Defendants or their

agents. The Commission issued a decision on September, 2001, in which it found

reasonable cause to believe that Ms. Daniels and a class of similarly situated women had

been discriminated against by Defendants through the creation and maintenance of a

Case 2:02-cv-02314-UWC Document 1 Filed 09/19/2002 Page 4 of 6

sexually hostile work environment.

14.

The Defendant Employers, individually and collectively, engaged in unlawful

employment practices at their work sites in Alabama in violation of § 703(a)(1) of Title VII,

42 U.S.C. § 2000e-2(a)(1), through the actions of one of their supervisors, Ken Horne.

Starting in January of 2001, Mr. Horne sexually harassed Ms. Bolton, Ms. Burrell, Ms.

Sherman, Ms. Daniels as well as other women by subjecting them to offensive sexual

comments and inappropriate touching of their private body parts.

15.

Both Ms. Sherman and Ms. Burrell complained of this harassment to Joseph

Matta, owner of R & J Enterprises, Inc. and AJM, Inc. and agent for Defendants. Despite

being advised of the offensive conduct occurring within their work environment, Defendants

took no action to stop or correct the situation.

16.

The Defendants failed to take prompt and effective action to prevent and to

remedy the hostile and harassing environment created by Mr. Horne.

17.

The effect of the practices complained of above has been to deprive Ms. Bolton,

Ms. Burrell, Ms. Sherman, Ms. Daniels and other female employees of equal employment

opportunities and otherwise adversely affect their status as employees because of their

sex.

18.

The unlawful employment practices complained of above were intentional.

19.

The unlawful employment practices complained of above were done with malice

or reckless indifference to the federally protected rights of Ms. Bolton, Ms. Burrell, Ms.

Sherman, Ms. Daniels and female employees generally.

PRAYER FOR RELIEF

WHEREFORE, the Commission respectfully requests that this Court:

A. Grant a permanent injunction enjoining the Defendants, their officers,

Case 2:02-cv-02314-UWC Document 1 Filed 09/19/2002 Page 5 of 6

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

engaging in any employment practices which discriminate on the basis of sex.

B.

Order Defendants to institute and carry out policies, practices and

programs which provide equal employment opportunities for all employees, and which

eradicate the effects of its past and present unlawful employment practices.

C. Order the Defendant Employers to make whole Ms. Bolton, Ms. Burrell,

Ms. Sherman, Ms. Daniels and all other female employees adversely affected by the

challenged practices by providing appropriate back pay, front pay, prejudgment interest,

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

practices.

D. Order Defendants to make whole Ms. Bolton, Ms. Burrell, Ms. Sherman,

Ms. Daniels and all other female employees adversely affected by the challenged practices

by providing compensation for past and future pecuniary losses, in amounts to be

determined at trial.

E. Order Defendants to make whole Ms. Bolton, Ms. Burrell, Ms. Sherman,

Ms. Daniels and all other female employees adversely affected by the challenged practices

by providing compensation for non-pecuniary losses, including emotional pain, suffering,

loss of enjoyment of life, and humiliation, in amounts to be determined at trial.

F. Order Defendants to pay punitive damages to Ms. Bolton, Ms. Burrell, Ms.

Sherman, Ms. Daniels and all other female employees adversely affected by the

challenged practices in an amount to be determined at trial for its malicious or reckless

indifference to the federally protected rights of said employees.

G. Award Ms. Bolton, Ms. Burrell, Ms. Sherman, Ms. Daniels and all other

female employees adversely affected by the challenged practices reasonable attorney'

Case 2:02-cv-02314-UWC Document 1 Filed 09/19/2002 Page 6 of 6
fees as appropriate. H. Grant such further relief as the Court deems necessary and proper. I. Award the Commission its costs in this action. JURY TRIAL DEMAND The Commission requests a jury trial on all questions of fact raised in this
complaint involving intentional violations of Title VII.
Respectfully submitted, NICK INZEO Acting Deputy General Counsel EQUAL EMPLOYMENT OPPORTUNITY
COMMISSION 1801 "L" Street, Northwest Washington, DC 20507
MIL ED BYRD Supervisory Trial Attorney
NAOMI HILTON ARCHER Senior Trial Attorney
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
1130 22nd Street, South, Suite 2000 Birmingham, AL 35205 Telephone Number: 2051731-1381

 
 Case 2:02-cv-02314-UWC Document 17 Filed 03/14/2003 Page 1 of 9

FIL,ED

IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION

"
03 MAR--' ~ PH 2: 41

EQUAL EMPLOYMENT OPPORTUNITY )

w.H~.DD. 0ISFTRAICLTABC~OHUART

COMMISSION,

)

)

Plaintiff,

)

)

v.

)

CIVIL ACTION NUMBER:

)

CV-02-C-2314-S

R & J Enterprises, d/b/a

)

International House of

)

Pancakes, AJM Inc., d/b/a

)

International House of Pancakes, and

)

Strategic Outsourcing, Inc.

)

)

Defendants.

)

COMPLAINT-IN-INTERVENTION

COME NOW the Plaintiff-Intervenors, Quontae Bolton ("Bolton"), Carolyn

Burrell ("Burrell), Peggy Sherman ("Sherman"), and Enica Daniels ("Daniels") (hereinafter

referred to collectively as "Plaintiff-Intervenors"), and bring the present action against the

Defendants by stating CjlS follows:

I. JURISDICTION

1. The jurisdiction ofthis Court is invoked pursuant to 28 U.S.C. § 1331, 1343(4),

2201,2202, and 42 U.S.C.§ 2000e ~~. This is a suit authorized and instituted pursuant to

Title VII of the Act of Congress known as the "Civil Rights Act of 1964," as amended, including

the "Civil Rights Act of 1991". The jurisdiction of this court is invoked to secure protection of

and redress deprivation of rights secured by 42 U.S.C. § 2000e ~ ~., providing for injunctive

and other relief against gender discrimination, racial discrimination, sexual harassment and

retaliation.

Case 2:02-cv-02314-UWC Document 17 Filed 03/14/2003 Page 2 of 9
2. The Plaintiff-Intervenors have fulfilled all conditions precedent to the institution of this action under Title VII of the Act of Congress known as the "Civil Rights Act of 1964," as amended by the "Civil Rights Act of 1991",42 U.S.c. § 2000e ~~. Plaintiff-Intervenors Bolton, Burrell, Daniels, and Shennan timely filed charges of discrimination alleging sexually hostile work environments, gender discrimination, racial discrimination and retaliation within 180 days of the last discriminatory act. The EEOC filed the present suit on behalf of a class of females, including the Plaintiff-Intervenors Bolton, Burrell, Shennan and Daniels based upon their EEOC charges. Plaintiff-Intervenors have, pursuant to both Rule 24(a) ofthe F.R.C.P. and § 706(0(1) of Title VII of the Civil Rights Act of 1964, a statutory right to pursue their individual claims in this action. Plaintiff-Intervenors have filed a Motion to Intervene in this action.
II. PARTIES 3. Plaintiff-Intervenors Bolton, Burrell, Daniels and Shennan are females who were or are employed by the Defendants at its mop restaurant location on Crestwood Boulevard, Binningham, Alabama at all times relevant hereto. 4. Defendants, R&J Enterprises, and AJM, Inc, both d/b/a International House of Pancakes (mOP) are subject to suit under Title VII of the Act of Congress known as the "Civil Rights Act of 1964," as amended by the "Civil Rights Act of 1991 ",42 U.S.C. Section 2000(e) et seq. At all times relevant hereto, the Defendants were the employer or joint employer ofthe Plaintiff-Intervenors. All Defendants employ at least (15) persons. 5. Defendant Strategic Outsourcing, Inc.(SOI), is an employer and employee leasing agency. Defendant SOl was the employer and/or joint employer or acted as the agent for the employer of the Plaintiff-Intervenors in this action at all times relevant hereto. SOl is subject to
2

Case 2:02-cv-02314-UWC Document 17 Filed 03/14/2003 Page 3 of 9
suit under Title vn ofthe Act of Congress known as the Civil Rights Act of 1964, as amended
by the Civil Rights Act of 1991. III. CAUSES OF ACTION
A. Hostile Environment 6. The Plaintiff-Intervenors re-allege and incorporate by reference paragraphs 1-5 of the Complaint in Intervention above, and also realleges and incorporate by reference the allegations contained in the original complaint filed by the EEOC in this action. 7. There existed at all times relevant hereto, at the Crestwood location of the Defendants, a sexually hostile work environment which discriminated against females because of their gender. This hostile work environment included, but was not limited to, unwanted and unwe1comed physical contact by one or more male supervisors, (e.g. Ken Horne); sexually suggestive language and statements, discriminatory work assignments and shift assignments based on one's lack of opposition to harassment; Defendants' failure to take corrective action when complaints were made concerning all of the above actions; and finally a policy of retaliating against any employee who complained about or opposed unlawful employment practices. 8. Systemic discrimination existed at the Defendants' workplace against females as a result of the policies and procedures being followed and implemented by the Defendants. The Defendants did not act in good faith in response to any complaints about discriminatory behavior. In fact, the Defendants failed on numerous occasions to investigate or take appropriate corrective actions against persons they knew were engaging in the types of behavior described above. 9. The above-described actions on the part ofthe Defendants constitute a violation of
3

Case 2:02-cv-02314-UWC Document 17 Filed 03/14/2003 Page 4 of 9
Title VII of the Act of Congress known as the "Civil Rights Act of 1964," as amended, including the "Civil Rights Act of 1991 ",42 U.S.c. §2000(e) ~ ~.,
10. The Plaintiff-Intervenors have suffered embarrassment, humiliation, financial hardship, mental distress, emotional pain and anguish as a consequence of the Defendants' unlawful discriminatory conduct.
11. The wrongful conduct of Defendants described above was carried out with malice and/or reckless indifference to the federally protected rights of Plaintiff-Intervenors, thereby entitling Plaintiff-Intervenors to punitive damages.
B. Sexual Harassment 12. The Plaintiff-Intervenors re-allege and incorporate by reference paragraphs 1-11 above with the same force and effect as if fully set out in specific detail herein below. 13. Plaintiff-Intervenors Bolton, Burrell, Sherman and Daniels were SUbjected to sexual harassment during their employment by, among others, Kenneth Home ("Home"), a white male and the General Manager at this location. 14. Home engaged in sexually harassing misconduct directed toward female employees, and the Defendants were on notice of Home's behavior. Home, a supervisor, dated subordinates; subjected females to unwanted and unwe1comed physical contact, including rubbing up against and tickling female employees. According to its own sexual harassment policy, the Defendants should have terminated Home, yet Defendant's did not suspend, counsel or take disciplinary actions against Home as their so-called "harassment policy" required, for many months. Home was allowed to hire, fire, discipline and reassign employees during his employment by Defendants. Home was allowed to investigate complaints of discrimination and
4

Case 2:02-cv-02314-UWC Document 17 Filed 03/14/2003 Page 5 of 9
sexual harassment alleged against him. 15. Said Plaintiff-Intervenors have suffered embarrassment, humiliation, financial
hardship, mental distress, emotional pain and anguish as a consequence of the Defendants' unlawful conduct.
16. The wrongful conduct of Defendants described above was carried out with malice and/or reckless indifference to the federally protected rights of Plaintiff-Intervenors, thereby entitling Plaintiff-Intervenors to punitive damages.
C. Retaliation 17. The Plaintiff-Intervenors re-allege and incorporate by reference paragraphs 1-16 above with the same force and effect as if fully set out in specific detail herein below. 18. The Defendants engaged in numerous acts of retaliation against employees who complained about discriminatory or harassing behavior. 19. Each Plaintiff-Intervenor, was subjected to one or more adverse employment actions after complaining about or opposing various forms of discrimination or harassment. These adverse actions included reductions in scheduled work hours, reassignment to different shifts, reassignment to different jobs, reassignment to less desirable sections with less opportunity to earn tips, and ultimately, discharge or constructive discharge. 20. The adverse actions taken against each Plaintiff-Intervenor were in retaliation for making good faith complaints of discrimination and harassment, or for opposing unlawful employment practices, and any proffered reasons to the contrary are pretextual. 21. The wrongful conduct of the Defendants described above was carried out with malice and/or reckless indifference to the federally protected rights of Plaintiff-Intervenors,
5

Case 2:02-cv-02314-UWC Document 17 Filed 03/14/2003 Page 6 of 9
thereby entitling Plaintiff-Intervenors to punitive damages. 22. Said Plaintiff-Intervenors have suffered embarrassment, humiliation, financial
hardship, mental distress, emotional pain and anguish as a consequence of the Defendants' unlawful discriminatory and/or retaliatory conduct.
D. Disparate Treatment 23. The Plaintiff-Intervenors reallege and incorporate by reference paragraphs 1-22 above with the same force and effect as if fully set out in specific detail herein below. 24. Plaintiff-Intervenors allege that they were discharged or constructively discharged, or that disciplinary actions taken against them were carried out in a discriminatory and/or retaliatory manner in that even had they engaged in the conduct attributed to them by the Defendants, which they deny, similarly situated male employees or employees who had not opposed Defendants' unlawful practices, or white employees who engaged in the same or similar conduct were not disciplined or discharged. 25. Plaintiffs Burrell, Bolton, and Daniels are African American females, and were each subjected to racially discriminatory work assignments, disciplinary actions, demotions, suspensions, constructive discharge, as well as other incidents of racially disparate treatment. Plaintiffs Burrell, Bolton, and Daniels allege they were discriminated against because of their race regarding to the terms and conditions oftheir employment. 26. The wrongful conduct of Defendants described above was carried out with malice and/or reckless indifference to the federally protected rights of Plaintiff-Intervenors, thereby entitling Plaintiff-Intervenors to punitive damages. 27. Plaintiff-Intervenors have suffered embarrassment, humiliation, financial
6

Case 2:02-cv-02314-UWC Document 17 Filed 03/14/2003 Page 7 of 9
hardship, mental distress, emotional pain and anguish as a consequence of the Defendants' unlawful discriminatory conduct.
IV. PRAYER FOR RELIEF WHEREFORE, the Plaintiff-Intervenors respectfully pray that this Court assume jurisdiction ofthis action and after trial: (A) Issue a declaratory judgment that the employment policies and practices, conditions, and customs of the Defendants are violative of the rights of the Plaintiff-Intervenors as secured by Title VII of the Act of Congress known as the "Civil Rights Act of 1964," as amended, including the "Civil Rights Act of 1991",42 U.S.C. §2000(e) £1~. (B) Grant the Plaintiff-Intervenors a permanent injunction enjoining the Defendants, its agents, successors, employees, attorneys and those acting in concert with the Defendants and at the Defendants' request from continuing to violate Title VII of the Act of Congress known as the "Civil Rights Act of 1964," as amended, including the "Civil Rights Act of 1991",42 U.S.C. §2000(e) £1~. (C) Enter an Order requiring the Defendants to make the Plaintiff-Intervenors whole by awarding them the position they would have occupied in the absence of gender discrimination, racial discrimination, sexual harassment and retaliation, back-pay (Plus interest), declaratory and injunctive relief, nominal damages, compensatory and punitive damages, lost seniority and benefits. (D) The Plaintiff-Intervenors further pray for such other relief and benefits as the cause ofjustice may require, including, but not limited to, an award of costs, attorney's fees and expenses.
7

Case 2:02-cv-02314-UWC Document 17 Filed 03/14/2003 Page 8 of 9
Respectfully submitted,
rry Roberson (ASB-8283-07IJ) Attorney for Plaintiff - Intervenors
OF COUNSEL: ROBERSON AND ROBERSON 8 Office Park Circle Suite 150 Birmingham, Alabama 35223 (205) 871-1115
JURY DEMAND Plaintiff-Intervenors hereby demand trial by struck jury.
O~OUNSEL
8

Case 2:02-cv-02314-UWC Document 17 Filed 03/14/2003 Page 9 of 9
CERTIFICATE OF SERVICE I hereby certify that I have served counsel for all parties to this action with a copy of the
W foregoing document by depositing same the United States mail, properly addressed with
postage thereon pre-paid, on this the -:l' day of March, 2003.
Nick Inzeo Equal Employment Opportunity Commission 1801 "L" Street Northwest Washington, DC 20507 Charles E. Guerrier Mildred Byrd Naomi Hilton Archer Equal Employment Opportunity Commission 1130 22nd Street South Suite 2000 Birmingham, Alabama 35205
Sid Hughes, Esq. 2908 Crescent Avenue Birmingham, Alabama 35209 Steadman S. Shealy, Jr James H. Pike Cobb, Shealy & Crum P.O. Box 6346 Dothan, AI. 36302
9

 
 · . Case 2:02-cv-02314-UWC Document 26 Filed 10/22/2003 Page 1 of 12

IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF ALABAM1

SOUTHERN DIVISION

OJ' OCT 22 ~M 10: 48

EQUAL EMPLOYMENT

)

OPPORTUNITY COMMISSION,

)

)

Plaintiff,

)

)

and

)

)

QUONTAE BOLTON, CAROLYN BURRELL, )

PEGGY SHERMAN and ENICA DANIELS )

)

Intervenor-plaintiffs

)

)

vs.

)

)

R & J ENTERPRISES, INC.,

)

d/b/a INTERNATIONAL HOUSE

)

OF PANCAKES; AJM, INC.,

)

d/b/a INTERNATIONAL HOUSE

)

OF PANCAKES; STRATEGIC

)

OUTSOURCING, INC.,

)

)

Defendants.

)

Civil Action Number: CV-02-C-23I4-S CONSENT DECREE
( .
ENTERED~~) OCT 22 2003 f '

I. GENERAL PROVISIONS
Title vn of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e et seq. (Title Vll)
guarantees protected workers that they will be free from employment discrimination on the basis of race, color, religion, sex, or national origin. Quontae Bolton, Carolyn Burrell, Peggy Sherman and Enica Daniels filed charges ofdiscrimination alleging that R & J Enterprises, Inc., d/b/a International House of Pancakes; AJM, Inc., d/b/a International House of Pancakes and Strategic Outsourcing,
Inc., discriminated against them in violation of Title vn because of their sex (female). While
investigating their charges the Equal Employment Opportunity Commission (EEOC) identified other female employees that it alleged were also discriminated against.

Case 2:02-cv-02314-UWC Document 26 Filed 10/22/2003 Page 2 of 12
On September 9,2002, the EEOC filed suit in this Court against R & JEnterprises, Inc., d/b/a International House of Pancakes; AJM, Inc., d/b/a International House of Pancakes and Strategic Outsourcing, Inc. The EEOC alleged that R & J Enterprises, Inc., d/b/a International House of Pancakes; AJM, Inc., d/b/a International House of Pancakes and Strategic Outsourcing, Inc., discriminated against Quontae Bolton, Carolyn Burrell, Peggy Sherman and Enica Daniels and a class of similarly situated women through the actions of one oftheir supervisors, Ken Home. The Commission alleged that Mr. Home sexually harassed these women by SUbjecting them to offensive sexual comments and inappropriate physical contact in violation of Title VIT. R & J Enterprises, Inc., d/b/a International House of Pancakes; AJM, Inc., d/b/a International House ofPancakes and Strategic Outsourcing, Inc. each expressly deny all claims and allegations asserted in the Complaint.
Quontae Bolton, Carolyn Burrell, Peggy Sherman and Enica Daniels filed a Motion for Leave to Intervene on March 3, 2003, and the Court entered an order granting their motion on March 14, 2003. In their Complaint in Intervention Quontae Bolton, Carolyn Burrell, Peggy Sherman and EnicaDaniels allege that they were subjected to discrimination in violation ofTitle VIT in that they were sexually harassed by supervisor Ken Home. R & J Enterprises, Inc., d/b/a International House of Pancakes; AJM, Inc., d/b/a International House of Pancakes and Strategic Outsourcing, Inc. expressly deny all claims and allegations asserted in the Complaint in Intervention.
The EEOC, Quontae Bolton, Carolyn Burrell, Peggy Sherman and Enica Daniels and R & J Enterprises, Inc., d/b/a International House of Pancakes; AJM, Inc., d/b/a International House of Pancakes and Strategic Outsourcing, Inc., being aware of the risks, uncertainties and costs of continued litigation, are now desirous ofresolving, through this Consent Decree, the claims asserted in the above styled lawsuit and an additional claim filed by Quontae Bolton with the EEOC in which
2

Case 2:02-cv-02314-UWC Document 26 Filed 10/22/2003 Page 3 of 12
"
processing was not concluded until after this lawsuit was commenced. This Court being fully advised ofthe premises ofthis case doth hereby Order, Adjudge and
Decree as follows: II. SPECIFIC PROVISIONS
A This Court has full jurisdiction to decide this controversy as to the EEOC, Quontae Bolton, Carolyn Burrell, Peggy Sherman, Enica Daniels, R & J Enterprises, Inc., d/b/a International House ofPancakes; AJM, Inc., d/b/a International House ofPancakes and Strategic Outsourcing, Inc. This Court expressly retains jurisdiction for the next 6 months for the purpose of ensuring compliance with this Decree and entry of such further orders as may be necessary to effectuate the purposes of this Decree. Six months after the entry of this Decree, it will expire without further action by the parties or the Court. It is expressly agreed by the parties that the Court shall retain jurisdiction to enforce this Consent Decree. Kokkonen v. Guardian Life Insurance Co. of America, 511 U. S. 375 (1994).
B. Nothing herein shall be deemed to be an admission by R & J Enterprises, Inc., d/b/a International House of Pancakes; AJM, Inc., d/b/a International House of Pancakes and Strategic Outsourcing, Inc. that they have at any time, place or in any manner whatsoever, violated either Title
vn or any other statute, rule of law or legally binding regulation concerning Quontae Bolton,
Carolyn Burrell, Peggy Sherman and Enica Daniels, or any other person who has been employed by R & J Enterprises, Inc., d/b/a International House ofPancakes; AJM, Inc., d/b/a International House of Pancakes and Strategic Outsourcing, Inc. or who is alleged to have been employed by them.
C. This Decree, being entered with the consent ofthe EEOC, Quontae Bolton, Carolyn Burrell, Peggy Sherman and Enica Daniels and R & J Enterprises, Inc., d/b/a International House of
3

Case 2:02-cv-02314-UWC Document 26 Filed 10/22/2003 Page 4 of 12
Pancakes; AJM, Inc., d/b/a International House of Pancakes and Strategic Outsourcing, Inc., shall not constitute an adjudication or finding on the merits ofthe case nor shall it be used as evidence of
a violation of Title vn or other law in any subsequent action by EEOC against R & J Enterprises,
Inc., d/b/a International House of Pancakes; AJM, Inc., d/b/a International House of Pancakes and Strategic Outsourcing, Inc., except no party shall be prohibited by this provision from proceeding against any other for noncompliance with any provision ofthis Decree, any release pursuant to this Decree, or the Settlement and Release Agreement between the defendants and the individual plaintiffs.
D. This Decree shall fully and finally resolve with prejudice all claims raised in the Complaint and Complaint in Intervention, including without limitation the matters alleged in the Charges of Discrimination numbered 130-AI-01434, 130-AI-01435, 130-AI-02077 and 130-Al02529, and the matters alleged in the Charge of Discrimination numbered 130-AI-02321 filed by Quontae Bolton with the EEOC in which processing was not concluded until after this lawsuit was commenced.
E. R & J Enterprises, Inc., d/b/a International House of Pancakes; AJM, Inc., d/b/a International House ofPancakes and Strategic Outsourcing, Inc. agree to pay a total of$180,000.00 in full settlement ofthe claims which are the subject of this lawsuit and Consent Decree, inclusive ofall attorney's fees and costs. From this amount, R & J Enterprises, Inc., d/b/a International House ofPancakes; AJM, Inc., d/b/a International House ofPancakes and Strategic Outsourcing, Inc. will pay a total of$30,000 to eleven individuals (other than the Intervenors) identified by the EEOC. A check in an amount to be determined by the EEOC will be mailed to each ofthe eleven individuals by Certified mail within ten (10) days after receipt by R & J Enterprises, Inc., d/b/a International
4

Case 2:02-cv-02314-UWC Document 26 Filed 10/22/2003 Page 5 of 12
House ofPancakes; AJM, Inc., d/b/a International House ofPancakes and Strategic Outsourcing, Inc. of the release (Exhibit "A") signed by that individual. Each individual shall have thirty (30) days from the entry ofthis Consent Decree to return the signed release to the EEOC. Absent extenuating circumstances, the EEOC shall transmit each signed release to Defendants within 10 days ofreceipt. Copies of the check and the letter sending it will be mailed to Naomi Hilton Archer, Senior Trial Attorney, EEOC, 1130 220d Street, South, Suite 2000 Birmingham, AL 35205. The remaining funds shall be distributed in accordance with the terms of a separate confidential agreement entered into between Quontae Bolton, Carolyn Burrell, Peggy Sherman and Enica Daniels and R & J Enterprises, Inc., d/b/a International House of Pancakes; AJM, Inc., d/b/a International House of Pancakes and Strategic Outsourcing, Inc.
F. R & J Enterprises, Inc., d/b/a International House of Pancakes; AJM, Inc., d/b/a International House of Pancakes and Strategic Outsourcing, Inc. agree that they will not retaliate against Quontae Bolton, Carolyn Burrell, Peggy Sherman and Enica Daniels or any ofits former or present employees because such person has filed a Charge of Discrimination, testified, assisted, benefitted, or participated in any manner in the investigations, proceedings or hearings in this lawsuit.
G. R & J Enterprises, Inc., d/b/a International House ofPancakes agrees to comply with all requirements ofTitle VIT ofthe Civil Rights Act of 1964, as amended, and immediately post the notice to employees attached as Exhibit "B" where it is visible to all employees.
H. Within sixty (60) days of the entry of this Decree, R & J Enterprises, Inc., d/b/a International House ofPancakes will provide training for its owners and managers on Title VIT. This training shall include at least one module addressing sexual harassment discrimination in the
5

Case 2:02-cv-02314-UWC Document 26 Filed 10/22/2003 Page 6 of 12

workplace and the employer's obligations in addressing such discrimination. The EEOC shall be

given at least 15 days advance notice of the date, time, location and substance of this training and

shall be pennitted to comment upon the planned training.

I.

Within sixty (60) days of the entry of this Decree, R & J Enterprises, Inc., d/b/a

International House of Pancakes will provide training for its employees other than owners and

managers on Title VIT. This training shall include at least one module addressing sexual harassment

discrimination in the workplace, the employer's obligations in addressing such discrimination, the

employees' rights under the law regarding such discrimination and the methods by which the

employees may report such discrimination to the employer. The EEOC shall be given at least 15

days advance notice ofthe date, time, location and substance ofthis training and shall be pennitted

to comment upon the planned training.

J. Within ninety (90) days ofthe entry ofthis Consent Decree, R & J Enterprises, Inc.,

d/b/a International House of Pancakes will provide the Binningham District Office of the Equal

Employment Opportunity Commission with proof of the action taken to infonn and train its

personnel as outlined in paragraphs H and I above. The report will be mailed to Naomi Hilton

Archer, Senior Trial Attorney, EEOC, 1130 22nd Street, South, Suite 2000 Binningham, AL 35205.

K. R & J Enterprises, Inc., d/b/a International House ofPancakes has developed an anti-

discrimination policy and complaint procedure. A copy ofthat policy and procedure will be posted

in the same locations as the notices referred to in paragraph H above. Additionally, a copy of the

policy and procedure will be made available to all employees in the company's office.

L. Each party shall bear their own attorney's fees and costs. The EEOC is not seeking

attorney's fees or costs against R & J Enterprises, Inc., d/b/a International House ofPancakes; AJM,

6

Case 2:02-cv-02314-UWC Document 26 Filed 10/22/2003 Page 7 of 12

Inc., d/b/a International House ofPancakes and Strategic Outsourcing, Inc. R & J Enterprises, Inc., d/b/a International House of Pancakes; AJM, Inc., d/b/a International House of Pancakes and Strategic Outsourcing, Inc. will not seek attorney fees or costs against the EEOC.

~day fr~ ORDERED and ADJUDGED this

of

,2003.

ERIC S. DREIBAND General Counsel
JAMES LEE Deputy General Counsel
GWENDOLYN YOUNG REAMS Associate General Counsel
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 1801 "L" Street, Northwest Washington, DC 20507

UNITED STATES DISTRICT JUDGE Respectfully submitted,
2908 Cresce Avenue Birmmgham, AL 35209
Attorney for R & J Enterprises, Inc.and AJM, Inc., d/b/a International House ofPancakes Telephone (205) 871-7430

ADMAN S. SHEALY, JR. ESH.PIKE Cobb, Shealy & Crum, P. A. Post Office Box 5346 Dothan, AL 36302-6346 Attorneys for Strategic Outsourcing Inc. Telephone (334) 677-3000

7

Case 2:02-cv-02314-UWC Document 26 Filed 10/22/2003 Page 8 of 12

~Jl~ MILREDBM>ox374i
Supervisory Trial Attorney
NAOMI HILTON ARCHER Senior Trial Attorney

JYR~OBOIO)
Roberson & Roberson 8 Office Park Circle, Suite 150 Binningharn, Al 35223 Attorney for Intervenors Telephone (205) 871-1115

. MARK GRAHAM (LA 06216) S nior Trial Attorney
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Binningharn District Office Ridge Park Place, Suite 2000 1130 22nd Street South Binningharn, AL 35205 Telephone: (205) 731-1172

8

Case 2:02-cv-02314-UWC Document 26 Filed 10/22/2003 Page 9 of 12
"
Exhibit "A" RELEASE OF (AGGRIEVED PARTY)
For and in consideration of the sum of _ _ _ _ _ _ Dollars ($_ _ _ _,00) cash in hand, this day paid to (AGGRIEVED PARTY) and other covenants contained in the Consent Decree to which this Release is attached as Exhibit A and other good and valuable considerations, the receipt and sufficiency ofall ofwhich are hereby acknowledged, the undersigned (AGGRIEVED PARTY) for myself, my heirs, administrators, executors and assigns have released and discharged and by these presents do hereby release and discharge R & J Enterprises, Inc., d/b/a International House of Pancakes; AJM, Inc., d/b/a International House of Pancakes and Strategic Outsourcing, Inc., their directors, shareholders, parent and subsidiary entities, attorneys officers, agents, employees and insurers, and each of them, from any and all claims, demands, actions, causes of action, matters, issues, allegations, damages, losses, and expenses which circumstances and incidents were or could have been asserted on my behalf by the Equal Employment Opportunity Commission (EEOC) in Civil Action Number CV-02-C-2314-S filed by the EEOC against R & J Enterprises, Inc., d/b/a International House of Pancakes; AJM, Inc., d/b/a International House of Pancakes and Strategic Outsourcing, Inc. in the United States District Court for the Northern District ofAlabama, Southern Division; and all claims for attorney fees and costs associated with said Civil Action.
I understand and agree that this release is valid notwithstanding that in the future I might discover additional facts or learn that what I now believe to be facts are not as I believe them to be.
In executing and delivering this Release, the undersigned relies wholly upon her own judgment, knowledge and beliefas to the nature, extent and duration ofthe damages which she may have suffered or sustained or which she may sustain in the future as a result of the transaction,

Case 2:02-cv-02314-UWC Document 26 Filed 10/22/2003 Page 10 of 12
occurrence or event. (AGGRIEVED PARTY> further represents and warrants that she has not been influenced by any representations, statements or warranties made by any person or entity released hereby or by any of their directors, officers or agents, or any other person representing them concerning the nature or extent of the damages or losses or legal liability therefor.
It is further understood and agreed that this Release is executed and delivered and the sum of money herein above specified is paid in compromise and settlement of a doubtful and disputed claim and that the payment of said money is not to be construed as an admission of liability on the part ofR & J Enterprises, Inc., d/b/a International House ofPancakes; AJM, Inc., d/b/a International House ofPancakes and Strategic Outsourcing, Inc., but, on the other hand, R & J Enterprises, Inc., d/b/a International House of Pancakes; AJM, Inc., d/b/a International House of Pancakes and Strategic Outsourcing, Inc. specifically deny any such liability therefor.
It is further understood and agreed that the claims of the undersigned against the parties herein above named in that certain pending lawsuit being Cause No. CV-02-C-2314-S in the United States District Court, Northern District of Alabama, Southern Division, being styled Equal Employment Opportunity Commission and Quontae Bolton, Carolyn Burrell, Peggy Sherman and Enica Daniels versus R & J Enterprises, Inc., d/b/a International House ofPancakes; AJM, Inc., d/b/a International House ofPancakes and Strategic Outsourcing, Inc. is to be resolved through the entry of a Consent Decree.
I understand and agree that taxes are not being withheld on the payment being made to me and that taxes, if any, that may be due because ofmy receipt ofthese funds are to be paid by me and I agree to do so. I hereby agree that R&J Enterprises Inc.d/b/a International House ofPancakes, AJM Inc.d/b/a International House ofPancakes, and Strategic Outsourcing Inc. shall not be liable for any such taxes.

C.' ase 2:02-cv-02314-UWC Document 26 Filed 10/22/2003 Page 11 of 12
I understand that no provisions or promises outside ofthis Release and the Consent Decree signed by the parties settling the above styled charge and lawsuit will be binding.
I have affixed my signature hereto on this the ___ day of _ _ _ _, 2003.

(AGGRIEVED PARTY)

STATE OF _ _ _ _ _ _ _ __ COUNTY OF _ _ _ _ __
Personally came and appeared before me, the undersigned authority in and for the aforesaid county and state, the within named (AGGRIEVED PARTY), who acknowledged to me that she signed, executed and delivered the above and foregoing Release on the day and year therein mentioned and for the purposes therein stated, after having first duly read and completely understood the same or having had it explained to her.

Given under my hand and seal of office, on this the ___ day of

2003.

My Commission Expires:

Notary Public

Case 2:02-cv-02314-UWC Document 26 Filed 10/22/2003 Page 12 of 12
Exhibit "B" NOTICE TO EMPLOYEES Federal law requires that there be no discrimination against any employee or applicant for employment because ofthe individual's race, color, religion, sex, national origin or age (40 and over) with respect to hiring, promotion, firing, compensation or other terms, conditions or privileges of employment. R & J Enterprises, Inc., d/b/a International House of Pancakes 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. R & J Enterprises, Inc., d/b/a International House of Pancakes has developed an antidiscrimination policy and complaint procedure. A copy ofthat policy and procedure is available to all employees in the company's office.
President, R & J Enterprises, Inc., d/b/a International House of Pancakes
12

 
 CM/ECF - U.S. District Court Northern District of Alabama - Docket R... https://ecf.alnd.uscourts.gov/cgi-bin/DktRpt.pl?836550582178262-L_9...

U.S. District Court Northern District of Alabama (Southern) CIVIL DOCKET FOR CASE #: 2:02-cv-02314-UWC

CLOSED

EEOC v. R & J Enterprises, et al Assigned to: Judge U W Clemon Demand: $0 Cause: 42:2000 Job Discrimination (Sex) Plaintiff Equal Employment Opportunity Commission
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Date Filed: 09/19/2002 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: Federal Question
represented by Charles Guerrier EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Ridge Park Place, Suite 2000 1130 22nd Street South Birmingham, AL 35205 205-212-2044 Fax: 205-212-2041 Email: charles.guerrier@eeoc.gov ATTORNEY TO BE NOTICED
Gwendolyn Young Reams EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 1801 L Street NW Washington, DC 20507 ATTORNEY TO BE NOTICED
J Mark Graham EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Ridge Park Place, Suite 2000 1130 22nd Street South Birmingham, AL 35205 205-212-2054 Fax: 205-212-2041 Email: john.graham@eeoc.gov ATTORNEY TO BE NOTICED
Mildred Byrd EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Ridge Park Place, Suite 2000 1130 22nd Street South Birmingham, AL 35205 205-212-2054 Fax: 205-212-2041
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CM/ECF - U.S. District Court Northern District of Alabama - Docket R... https://ecf.alnd.uscourts.gov/cgi-bin/DktRpt.pl?836550582178262-L_9...

Email: Mildred.Byrd@eeoc.gov ATTORNEY TO BE NOTICED
Naomi Hilton Archer EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 1130 22nd Street, South, Suite 2000 Birmingham, AL 35205 205-212-2053 Fax: 205-212-2041 Email: naomi.archer@eeoc.gov ATTORNEY TO BE NOTICED
Nicholas M Inzeo EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 1801 L Street NW Washington, DC 20507 1-202-663-4639 fax Fax: 1-202-663-4639 fax ATTORNEY TO BE NOTICED

V. Intervenor Plaintiff Quontae Bolton
V. Defendant R & J Enterprises doing business as International House of Pancakes
Defendant

represented by Jerry D Roberson ROBERSON & ROBERSON 3765 Kinross Drive PO Box 380487 Birmingham, AL 35238-0487 205-981-3906 Fax: 205-981-3908 Email: jdratty@charter.net ATTORNEY TO BE NOTICED
represented by Sid Hughes SID HUGHES, ATTORNEY AT LAW P O Box 590073 Homewood, AL 35209 205-871-7430 Fax: 205-879-9229 Email: sidhugheslegal@bellsouth.net ATTORNEY TO BE NOTICED

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AJM Inc. doing business as International House of Pancakes Defendant Strategic Outsourcing, Inc.
Intervenor Plaintiff Carolyn . Burrell Intervenor Plaintiff Peggy Sherman Intervenor Plaintiff Enica Daniels

represented by Sid Hughes (See above for address) ATTORNEY TO BE NOTICED
represented by James H Pike SHEALY CRUM & PIKE PC 2346 West Main Street, Suite 1 PO Box 6346 Dothan, AL 36302-6346 334-677-3000 Fax: 334-677-0030 Email: jpike@scplaw.us ATTORNEY TO BE NOTICED
Steadman S Shealy, Jr COBB SHEALY CRUM & DERRICK PA PO Box 6346 Dothan, AL 36302-6346 1-334-677-3000 Email: sshealy@cobb-shealy.com ATTORNEY TO BE NOTICED
represented by Jerry D Roberson (See above for address) ATTORNEY TO BE NOTICED
represented by Jerry D Roberson (See above for address) ATTORNEY TO BE NOTICED
represented by Jerry D Roberson (See above for address) ATTORNEY TO BE NOTICED

Date Filed
09/19/2002 11/13/2002 12/12/2002

#

Docket Text

1 COMPLAINT filed, Fee N/A, (DWC) (Entered: 09/20/2002)
2 WAIVER of Service of Summons by dft Strategic Outsourcin filed (DWC) (Entered: 11/13/2002)
3 ANSWER by dft Strategic Outsourcin w/appear by atty(s) Steadman S Shealy Jr filed cs (DWC) (Entered: 12/12/2002)

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12/16/2002 12/16/2002 12/16/2002 12/18/2002 01/06/2003 02/04/2003 02/07/2003
02/27/2003 03/03/2003 03/09/2003 03/10/2003 03/12/2003 03/14/2003
03/14/2003 03/19/2003 04/22/2003 05/01/2003 05/01/2003 05/06/2003

4 NOTICE of appearance for dft AJM Inc. by Sid Hughes filed cs (DWC) (Entered: 12/16/2002)
5 ANSWER by dfts R & J Enterprises, AJM Inc. w/appear by atty(s) Sid Hughes filed cs (DWC) (Entered: 12/16/2002)
6 MOTION by dft AJM Inc. to dismiss this action against dft AJM Inc filed cs (DWC) (Entered: 12/16/2002)
7 WAIVER of Service of Summons by defendant AJM Inc. filed (DWC) (Entered: 12/19/2002)
8 6 - ORDER denying dft AJM Inc's motion to dismiss this action [6-1] ( by Chief Judge U W. Clemon ) entered cm (DWC) (Entered: 01/06/2003)
9 Report of Parties (form 35) of compliance with FRCP 26 filed (DWC) (Entered: 02/04/2003)
10 ORDER (Scheduling) that the dates agreed to by the parties in their Planning Meeting are ADOPTED & binding on the parties by Chief Judge U W. Clemon entered cm (DWC) (Entered: 02/07/2003)
11 MOTION by dft Strategic Outsourcin for leave to amend answer filed cs [amdans atta] (DWC) Modified on 02/28/2003 (Entered: 02/28/2003)
12 MOTION by movant Quontae Bolton, Carolyn Burrell, Peggy Sherman and Enica Daniels to intervene filed cs (MAA) (Entered: 03/03/2003)
13 11 - ORDER granting motion for leave to amend answer [11-1] ( by Chief Judge U W. Clemon ) entered cm (DWC) (Entered: 03/10/2003)
14 AMENDED ANSWER by dft Strategic Outsourcin filed cs (DWC) (Entered: 03/10/2003)
15 AMENDED ANSWER by dft Strategic Outsourcin filed cs (DWC) (Entered: 03/12/2003)
16 12 - ORDER granting motion to intervene [12-1] Carolyn . Burrell, Peggy Sherman, Enica Daniels ( by Chief Judge U W. Clemon ) entered cm (DWC) (Entered: 03/14/2003)
17 INTERVENOR complaint filed cs (DWC) (Entered: 03/14/2003)
18 ANSWER by dft Strategic Outsourcin to complaint in intervention filed cs (DWC) (Entered: 03/19/2003)
19 NOTICE of appearance for pla by J Mark Graham filed cs (DWC) (Entered: 04/22/2003)
20 MOTION by dfts R & J Enterprises, AJM Inc. to amend its answer filed cs (DWC) (Entered: 05/02/2003)
21 AMENDED ANSWER by dfts R & J Enterprises, AJM Inc. filed cs (DWC) (Entered: 05/02/2003)
22 20 - ORDER granting dft R&J Enterprises' motion to amend its answer [20-1] ( by Chief Judge U W. Clemon ) entered cm (DWC) (Entered: 05/06/2003)

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09/16/2003
10/08/2003 10/10/2003 10/22/2003

23 MOTION by intvps Quontae Bolton, Carolyn Burrell, Peggy Sherman, Enica Daniels to enforce terms of settlement w/exh atta filed cs (DWC) (Entered: 09/16/2003)
24 REQUEST by intervenor-plaintiff for withdrawal of document #23 filed cs (KWC) Modified on 10/10/2003 (Entered: 10/10/2003)
25 23 - ORDER finding the motion to enforce terms of settlement [23-1] moot ( by Chief Judge U W. Clemon ) entered cm (BST) (Entered: 10/14/2003)
26 ORDER -Consent Decree; this court expressly retains jurisdiction for nex 6 months to ensure compliance; dfts agree to pay total of $180,000.00 in full settlement of claims; see terms and ddls set out in order; terminating case filed ( by Chief Judge U W. Clemon ) cm (KWC) (Entered: 10/22/2003)

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