U.S. DISTRICT COURT
NORTHERN DISTRICT OF TEXAS
FILED

IN THE UNITED STATES DISTRICT COU T

FOR THE NORTHERN DISTRICT OF TE S DALLAS DIVISION

SEP 2 9 2000

EQUAL EMPLOYMENT OPPORTUNITY }

COMMISSION,

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Plaintiff,

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v.

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INTERSTATE BRANDS CORPORATION, }

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Defendant.

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CLERK,u.s. DISTRICT COURT
B1 ____~~~---CIVIL AC~~NI'"I---=-:.:D:e.pu:t.y:.::.....---~
COMPLAINT
3-00CV21a9-M
JURY TRIAL DEMANDED

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NATURE OF THE ACTION This is an action under Title VII of the Civil Rights Act of 1964, as amended, and Title I of the Civil Rights Act of 1991 to correct unlawful employment practices on the basis of race and to provide appropriate reliefto Stephanie D. Enfield, who was denied a promotion based upon herrace, Black.
JURISDICTION AND VENUE 1. Jurisdiction ofthis Court is invoked pursuantto 28 U.S.c. §§ 451, 1331, 1337, 1343, and 1345. This action is authorized and instituted pursuant to Section 706(f)(1) and (3) ofthe Civil Rights Act of 1964, as amended, ("Title VIlli), 42 U.S.C § 2000e-5(f)(I) and (3), and Section 102 of the Civil Rights Act of 1991,42 U.S.c. Sec. 1981a. 2. The employment practices alleged to be unlawful were and are now being committed within the jurisdiction ofthe United States District Court for the Northern District ofTexas, Dallas Division.

PARTIES

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

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

enforcement of Title VII of the Civil Rights Act of 1964, as amended and is expressly authorized

to bring this action by Section 706(a) of Title VII, 42 U.S.C. § 2000e-5(a).

4. At all relevant times, Defendant, Interstate Brands Corporation, (hereinafter

"Interstate") has continuously been and is now doing business in the State of Texas and has

continuously had at least fifteen employees.

5. At all relevant times, Defendant Interstate has continuously been an employer

engaged in an industry affecting commerce under Section 701 (b), (g) and (h) ofTitle VII, 42 U.S.C.

§2000e-(b), (g) and (h).

STATEMENT OF CLAIMS

6. More than thirty days prior to the institution ofthis lawsuit, Stephanie D. Enfield filed

a charge with the Commission alleging violations of Title VII of the Civil Rights Act of 1964, as

amended, by the Defendant Interstate. All conditions precedent to the institution ofthis lawsuit have

been fulfilled.

7. During the employment of Stephanie D. Enfield, the Defendant has engaged in

unlawful employment practices in violation of Section 703(a)(1) of Title VII, 42 U.S.C. § 2000e-

2(a)(1) and Section 704(a) of Title VII, 42 U.S.C. § 2000e-3(a) by denying Stephanie D. Enfield a

promotion on the basis of her race, Black.

8. The result of the foregoing practices has been to deprive Stephanie D. Enfield of

equal employment opportunities because of her race.

COMPLAINT

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9. The unlawful employment practices complained of in paragraph 7 above were

intentional. 10. The unlawful employment practices complained of in paragraph 7 above were done

with malice or with reckless indifference to the federally protected rights of Stephanie D. Enfield.

PRAYER FOR RELIEF

Wherefore, the Commission respectfully requests that this Court:

A. Grant a permanent injunction enjoining the Defendant Interstate Brands Corporation,

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

engaging in any employment practice which discriminates on the basis ofrace, or which facilitates,

condones or encourages racial discrimination.

B. Order the Defendant to institute and carry out policies, practices, and programs which

provide equal employment opportunities for Black employees, and which eradicate the effects ofits

past and present unlawful employment practices.

C. Order the Defendant to make whole Stephanie D. Enfield by providing appropriate

back pay with prejudgment interest in amounts to be proved at trial, and other affirmative relief

necessary to eradicate the effects of unlawful employment practices, including but not limited to

rightful place promotion of Ms. Enfield.

D. Order the Defendant to make whole Stephanie D. Enfield by providing compensation

for past and future nonpecuniary losses resulting from the unlawful practices complained of in

paragraph 7 above, including but not limited to, emotional pain, suffering, inconvenience, loss of enjoyment of life and humiliation, in amounts to be determined at trial.

E. Order the Defendant to make whole Stephanie D. Enfield, by providing compensation

COMPLAINT

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for past and future pecuniary losses resulting from the unlawful practices complained of in paragraphs 7 and 8, above, in amounts to be determined at trial.
F. Order the Defendant to pay Stephanie D. Enfield punitive or exemplary damages for its intentional, malicious conduct or reckless indifference described and referenced in paragraph 7 above, in an amount to be determined at trial.
G. Grant such further relief as the Court deems necessary and proper in the public interest.
H. Award the Commission its costs in this action.
JURY TRIAL DEMAND The Commission requests a jury trial on all questions of fact raised by its Complaint.
Respectfully submitted,
G. GREGORY STEWART General Counsel
ROBERT A. CANINO Regional Attorney Oklahoma Bar No. 011782
SUZANNE M. ANDERSON Supervisory Trial Attorney Texas Bar No. 14009470

COMPLAINT

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~-d«,e L I C. KRAUS Sf. Trial Attorney Texas Bar No. 01493850
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Dallas District Office 207 South Houston Street 3rd Floor Dallas, Texas 75202 Tel No. (214) 655-3334 Fax No. (214) 655-3331

COMPLAINT

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IN THE UNITED STATES DISTRICT FOR THE NORTHERN DISTRICT
DALLAS DIVISION
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COMMISSION,

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Plaintiff,

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v.

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INTERSTATE BRANDS CORPORATION, }

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CIVIL ACTION NO. 3-00CV2139-M

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Defendant.

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CONSENT DECREE THIS CONSENT DECREE is made and entered into by and between the Equal Employment Opportunity Commission ("EEOC"), and Interstate Brands Corporation ("mC") in the United States District Court for the Northern District of Texas, Dallas Division, with regard to the EEOC's Complaint filed on September 29, 2001 (Complaint), in Civil Action No. 3-00CV2139-M. The Complaint is based upon a Charge of Discrimination filed by Stephanie Enfield, Charging Party, against the Defendant employer. The above-referenced Complaint alleges that the Defendant Interstate Brands Corporation, Inc. violated Title VII ofthe Civil Rights Act of 1964 and Title I of the Civil Rights Act of 1991, by denying Stephanie Enfield a promotion on the basis of her race, Black. The Defendant employer denies all of EEOC's allegations against the company.

..

The EEOC, Ms. Enfield and the Defendant Interstate Brands Corporation agree to

compromise and settle the differences embodied in the Complaint and intend that the terms and

conditions ofthe compromise and settlement be set forth in this Consent Decree ("Consent Decree").

NOW, THEREFORE, in consideration of the mutual promises and agreements set forth

herein, the sufficiency ofwhich is hereby acknowledged, the parties agree as follows, the Court finds

appropriate and therefore, it is ORDERED, ADJUDGED AND DECREED that:

l. This Consent Decree resolves all issues raised in EEOC Charge No. 310-98-1338.

This Decree further resolves all issues in the Complaint filed by the EEOC in this civil action. The

EEOC waives further claims and/or litigation on all issues raised in the above-referenced Charge and

Complaint. The EEOC does not waive processing or litigating charges other than the above-

referenced Charge.

2. The parties agree that this Consent Decree does not constitute an admission by the

Defendant ofany liability or wrongdoing. The Defendant expressly denies any violation oflocal, state

or federal law, common or statutory, including but not limited to, Title VII of the Civil Rights Act

of 1964, as amended or Title I of the Civil Rights Act of 1991.

3. Defendant Interstate Brands Corporation agrees to make all reasonable efforts to make

duty assignments, disciplinary actions and other terms and conditions ofemployment in a manner that

does not discriminate on the basis of race, color, sex, religion or national origin in violation of Title

VII of the Civil Rights Act of 1964, as amended and Title I of the Civil Rights Act of 1991.

Defendant will make all reasonable efforts to maintain a workplace environment free from racial

discrimination.

4.

Defendant Interstate Brands Corporation agrees to distribute its Discrimination

Consent Decree

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.. ..

Policy appended hereto as Attachment "A" to each employee under the direct or indirect supervision of Pat Buck, General Manager of the Emporia, Kansas bakery. A copy of Attachment "A" will be enclosed in an envelope containing each employee's paycheck. Also enclosed in each envelope will be a notice stating the following: "This is a copy ofInterstate Brands Corporation's discrimination policy. Interstate Brands Corporation reiterates its commitment to providing a workplace free of discrimination of any kind. Please read the policy and keep a copy for your records." This will occur on a one-time basis and must be accomplished within six months after the Consent Decree is entered. New employees will be given a copy of the notice, Attachment "A," within thirty days oftheir hire. This procedure will remain in effect during the two year pendency ofthis Consent Decree. The notice, "Attachment A," will remain posted in conspicuous places upon the premises ofthe affected facilities where notices to employees, applicants for employment, members and trainees are customarily posted during the two year pendency of this Consent Decree.
S. Defendant shall implement Equal Employment Opportunity training regarding policies and procedures related to racial discrimination in the workplace. Within six months after the Consent Decree is entered, Interstate Brands Corporation agrees to conduct Racial Discrimination Training for the following employees ofInterstate Brands Corporation: the General Manager ofthe Emporia, Kansas bakery, Pat Buck; the Retail Sales Manager for the Emporia, Kansas bakery; all managers and supervisors below the Retail Sales Manager for the Emporia, Kansas bakery in the Dallas-Ft. Worth metropolitan area; and all hourly employees in the Dallas-Ft. Worth metropolitan area. The training will advise employees of the requirements and prohibitions of Title VII of the Civil Rights Act of 1964. The training will also include a specific discussion or instruction relating to the issue ofracial discrimination. The training will inform the employees of the complaint procedure for individuals

Consent Decree

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•

who believe they have experienced racial discrimination. The training will advise employees,

including supervisors and managers, of the consequences of violating Title VII . The training shall

be at least one hour in duration. Within ten (10) days after the training contemplated by this Consent

Decree is conducted, Defendant Interstate Brands Corporation agrees to give written notice to the

EEOC as to the date and location ofthe training, the name of the person providing the training and

the substance of the training.

6. Defendant Interstate Brands Corporation agrees to remove from all personnel files of

Stephanie Enfield all documents, entries and references relating to: the facts and circumstances which

led to the filing of her Charge of Discrimination; the Charge itself; and the complaint filed by the

EEOC in federal court based upon her Charge. Defendant shall send a report to the EEOC within

ten (10) days after expungement, describing the specific items expunged from Stephanie Enfield's

personnel file. Defendant Interstate Brands Corporation is entitled to maintain the documents in its

law file.

7.

Interstate Brands Corporation agrees to provide a neutral employment reference for

Stephanie Enfield, in the event that she leaves the company, limited to the dates of her employment,

the last position held and the last salary earned and furnish a copy of any neutral reference given in

writing. 8.

Defendant Interstate Brands Corporation agrees that there shall be no discrimination

or retaliation of any kind against any person because of opposition to any practice declared unlawful

under Title VII or because ofthe filing of a charge; giving testimony or assistance or participating in

any manner in any investigation, proceeding or hearing under Title VII.

9. Defendant Interstate Brands Corporation agrees to pay Ms. Enfield the amount of

Consent Decree

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tit

$ 26,162.45 less legal deductions for federal taxes and the employee's share of FICA withholding and any other applicable withholdings for state or federal payroll taxes to resolve Ms. Enfield's claim for back pay. Defendant shall pay to Stephanie Enfield $25,837.55 in a lump sum in compensatory damages.
10. The payment referenced in paragraph 9, above, shall be made twenty (20) days after the date of entry of this Consent Decree by check made payable to Stephanie Enfield as agreed by EEOC and the Defendant. The payment shall be sent by overnight mail to EEOC attorney William C. Backhaus.
11. Defendant Interstate Brands Corporation agrees to report to the EEOC not later than six months of entry ofthis Consent Decree regarding its compliance with the agreements set forth in paragraphs 4 through 10, above.
12. All reports to the EEOC required by this Decree shall be sent to William C. Backhaus, Trial Attorney, EEOC, third floor, 207 S. Houston, Dallas, Texas 75202.
13. If Defendant Interstate Brands Corporation fails to tender payment or otherwise fails to timely comply with the terms ofparagraphs 9-10, above, Defendant Interstate Brands Corporation shall:
a. Pay interest at the rate calculated pursuant to 26 U.S.C. Section 6621(b) on any untimely or unpaid amounts; and
b. Bear any additional costs incurred by the EEOC caused by the noncompliance or delay of the Defendant.
14. Neither the EEOC, Stephanie Enfield nor Defendant Interstate Brands Corporation shall contest the validity of this Consent Decree nor the jurisdiction of the federal district court to enforce this Consent Decree and its terms or the right of either party to the Consent Decree to bring

Consent Decree

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an enforcement action upon breach ofany term ofthis Consent Decree by either such party. Nothing in this Decree shall be construed to preclude the EEOC from enforcing this Decree in the event that Defendant Interstate Brands Corporation fails to perform the promises and representations contained herein. The EEOC shall determine whether Defendant Interstate Brands Corporation has complied with the terms of this Consent Decree and shall be authorized to seek compliance with the Consent Decree through civil action in the United States District Court. The EEOC also reserves the right to seek contempt sanctions for non-payment and non-compliance with this Court Order.
15. The EEOC shall not bring further suit or intervene in any suit against Defendant based upon the above-referenced discrimination charge, any ofthe allegations contained therein, the EEOC's investigation of the charge or the underlying facts.
16. The parties to this Consent Decree agree to bear their own costs and attorney's fees associated with the above-referenced Complaint.
17. The term of this Decree shall be for two (2) years.

SO ORDERED, ADJUDGED AND DECREED this _--:f}-,,---O__ day of

Z ' ~,)04

2001.

Consent Decree

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•

AGREED AS TO FORM AND SUBSTANCE:

a Signed this I day of _ifp r-~ I

,2001.

FOR THE PLAINTIFF EEOC

ROBERT A. CANINO Regional Attorney Oklahoma State Bar No. 011782
SUZANNE M. ANDERSON Supervisory Trial Attorney Texas Bar No. 14009470

FOR THE DEFENDANT
Wi? u: R(;tz,Jq I J00 6fo/';J
1. RANDALL COFFEY State Bar No.
BIOFF FINUCANE COFFEY & HOLLAND, L.L.P. The Stilwell Building 104 W. Ninth St., 4th Floor Kansas City, Missouri 64105-1718 (816) 842-8770 FAX (816) 842-8767

Trial Attorne Texas Bar No. 01493850
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Dallas District Office 207 S. Houston Street 3rd Floor Dallas, Texas 75202 (214) 655-3328 FAX (214) 655-3331

Consent Decree

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CLOSED, JURY, SANDERSON
U.S. District Court Northern District of Texas (Dallas) CIVIL DOCKET FOR CASE #: 3:00-cv-02139

EEOC v. Interstate Brands Assigned to: Judge Barbara M. G. Lynn Demand: $0 Cause: 42:2000 Job Discrimination (Race) Plaintiff Equal Employment Opportunity Commission
V. Defendant Interstate Brands Corp

Date Filed: 09/29/2000 Date Terminated: 04/20/2001 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff
represented by William C Backhaus Equal Employment Opportunity Commission Dallas District Office 207 S Houston 3rd Floor Dallas, TX 75202 214/253-2742 Fax: 214/253-2749 FAX Email: william.backhaus@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by David M Ellis Hughes & Luce - Dallas 1717 Main St Suite 2800 Dallas, TX 75201 214/939-5500 Fax: 214/939-6100 FAX Email: dellis@hughesluce.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
J Randall Coffey Bioff Finucane Coffey & Holland 104 W 8th St Suite 400 Kansas City, MO 64105-1718 816/842-8770

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Date Filed 09/29/2000 09/29/2000 09/29/2000 09/29/2000 10/18/2000 10/30/2000
11/09/2000 11/20/2000 11/20/2000 12/01/2000
12/07/2000
12/14/2000 01/16/2001 01/16/2001 01/30/2001

#

Docket Text

1 COMPLAINT filed (5) (djd) (Entered: 10/02/2000)
1 DEMAND for jury trial by plaintiff EEOC (djd) (Entered: 10/02/2000)
PRELIMINARY ASSIGNMENT TO Magistrate Judge Wm F Sanderson Jr (djd) (Entered: 10/02/2000)
2 SUMMONS(ES) issued for defendant Interstate Brands (issued 2) (djd) (Entered: 10/02/2000)
3 CERTIFICATE OF INTERESTED PERSONS by plaintiff EEOC (2) (djd) (Entered: 10/19/2000)
4 RETURN OF SERVICE executed as to defendant Interstate Brands by service on CT Corporation Systems, Registered Agent, in the person of Shirley Dillon, Authorized Agent of CT Corporation Systems, on 10/20/00 Answer due on 11/9/00 for Interstate Brands (1) (djd) (Entered: 10/30/2000)
5 Unopposed MOTION by defendant Interstate Brands to extend time for answer (4/exhibit not imaged) (djd) (Entered: 11/13/2000)
6 ORDER granting [5-1] motion to extend time for answer reset answer due for 11/20/00 for Interstate Brands ( signed by BMGL) Copies to counsel: 11/21/00 Page(s) 1 (djd) (Entered: 11/21/2000)
7 ANSWER to Complaint by dft Interstate Brands (David M Ellis) (4) (djd) (Entered: 11/21/2000)
8 ORDER requiring attorney conference & proposal for contents of scheduling order: set proposed scheduling and discovery order deadline for 1/16/01 <see order for specifics> ( signed by BMGL) Copies to counsel: 12/4/00 Page(s) 4 (djd) (Entered: 12/04/2000)
9 ORDER re: pending cases before Judge Lynn. If a Scheduling Order has been entered in your case prior to December 1, 2000, the amendments to Rule 26(a)(1) shall not be applicable and you shall not be required to make the disclosures required therein. ( signed by Judge Lynn) Copies to counsel: 12/7/00 Page(s) 2 (jas) (Entered: 12/07/2000)
10 APPLICATION & ORDER for J Randall Coffey to appear pro hac vice . The Court orders that the application be granted. ( signed by Judge Lynn) Copies to counsel: 12/15/00 Page(s) 3 (djd) (Entered: 12/15/2000)
11 NOTICE of Service of Rule 26 Disclosures by defendant Interstate Brands (2) (djd) (Entered: 01/17/2001)
12 Joint Report of Attorney Scheduling Conference/PROPOSAL FOR CONTENTS of scheduling order by plaintiff & defendant (3) (djd) (Entered: 01/17/2001)
13 NOTICE of Service by defendant Interstate Brands (2) (djd) (Entered: 01/31/2001)

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02/05/2001 02/05/2001 04/20/2001
04/20/2001

14 SCHEDULING ORDER setting Jury Trial Docket call set for 3-week docket beginning 9:00 4/8/02 ; Joining of Parties on 3/2/01 ; Amending of Pleadings on 4/2/01 ; Deadline for filing of dispositive motions 11/19/01 ; Discovery cutoff 10/29/01 ; Pretrial materials due on 3/18/02 Proposed pretrial order due 3/18/02 ; Pretrial conference for 10:00 4/5/02 ; <see order for specifics> ( Signed by Judge Barbara M G. Lynn ) Copies to counsel: 2/6/01 Page(s): 7 (djd) (Entered: 02/06/2001)
14 Settlement STATUS REPORT & Settlement Conference ORDER. Status report due on 10/31/01 <see scheduling order> ( Signed by Judge Barbara M G. Lynn ) Copies to counsel: 2/6/01 Page(s): 7 (djd) (Entered: 02/06/2001)
15 CONSENT DECREE Ordered that this consent decree resolves all issues raised in EEOC Charge No. 310-98-1338. This decree further resolves all issues in the complaint filed by the EEOC in this civil action. Defendant agrees to make all reasonable efforts to make duty assignments, disciplinary actions and other terms and conditions of employment in a manner that does not discriminate on the basis of race, color, sex, religion or national origin in violation of Title VII of the Civil Rights Act of 1964, as amended and Title I of the Civil Rights Act of 1991. The parties agree to bear their own costs and attorneys' fees associated with the above-referenced complaint. The term of this decree shall be for 2 years. See order for specifics. ( signed by Judge Lynn) Copies to counsel: 4.23.01 Page(s): 7 (mlh) (Entered: 04/23/2001)
Case closed (mlh) (Entered: 04/23/2001)

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