•

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION

EQUAL EMPLOYMENT OPPORTUNITY ]

COMMISSION,

]

]

Plaintiff,

]

]

v.

]

]

CHURPEYES CHICKEN OF ALABAMA, LLC ]

d/b/a CHURCH'S CHICKEN

]

]

Defendant.

]

--------------------------------]

1 t"1[f"f ';:!F~ :r (~t1
CIVIL' ACTION NO.
CO MPL AINT ~~ - ~L\:~ .- J:>
JURY TRIAL DEMAND

NATURE OF THE ACTION

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

Pregnancy Discrimination Act of 1978 and Title I ofthe Civil Rights Act of 1991 to correct unlawful

employment practices on the basis of sex, female (pregnancy) and to provide appropriate relief to

Kimberly Peeples, who was adversely affected by such practices. The Commission alleges that the

Defendant failed to hire Ms. Peeples into the position of cashier because of her sex, female

(pregnancy).

JURISDICTION AND VENUE

1. Jurisdiction ofthis Court is invoked pursuant to 28 U.S.C. Sections 451, 1331, 1337,

1343 and 1345. This action is authorized and instituted pursuant to Section 706(f)(1) and (3) ofTitle

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

Section 102 of the Civil Rights Act of 1991,42 U.S.C. § 1981A ("Title VII").

2. The employment practices alleged to be unlawful were and are now being committed

within the jurisdiction of the United States District Court for the Southern District of Alabama,

Southern Division. PARTIES
3. Plaintiff, Equal Employment Opportunity Commission (the "Commission"), is the agency of the United States of America charged with the administration, interpretation and enforcement ofTitle VII and is expressly authorized to bring this action by Section 706(f)(1) and (3) of Title VII, 42 U.S.C. Section 2000e-5(f)(I) and (3).
4. At all relevant times, Defendant Churpeyes Chicken of Alabama, d/b/a Church's Chicken, (the "Employer"), has continuously been an Alabama corporation, doing business in the State of Alabama and the City of Flomaton, and has continuously had at least 15 employees.
5. At all relevant times, Defendant Employer has continuously been an employer engaged in an industry affecting commerce within the meaning of Section 701(b), (g) and (h) of Title VII, 42 U.S.C. Section 2000e-(b), (g) and (h).
STATEMENT OF CLAIMS 6. More than thirty days prior to the institution of this lawsuit, Kimberly Peeples filed a charge with the Commission alleging violations of Title VII by the Defendant Employer. All conditions precedent to the institution of this lawsuit have been fulfilled. 7. Since at least May 27, 2003, the Defendant Employer has engaged in unlawful employment practices at its Flomaton, Alabama facility, in violation of Sections 701(k) and 703(a)(I) ofTitle VII, 42 U.S.C. Section 2000e-(k) and 2(a)(1 ). The Defendant Employer failed and refused to hire Ms. Peeples into a cashier's position because of her sex, female (pregnancy). 8. The effect ofthe practices complained ofabove has been to deprive Kimberly Peeples of equal employment opportunities and otherwise adversely affect her status as an applicant for
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employment, because of her sex, female (pregnancy).

9.

As a direct and proximate result of these violations of her rights under Title Vll,

Kimberly Peeples has suffered damages in the form ofemotional pain and suffering, inconvenience,

loss of enjoyment of life and humiliation.

10.

The unlawful employment practices complained of above were intentional.

11.

The unlawful practices complained above were done with malice and/or with

reckless indifference to the federally protected rights of Kimberly Peeples.

PRAYER FOR RELIEF

Wherefore, the Commission respectfully requests that this Court:

A.

Grant a permanent injunction enjoining the Defendant Employer, its officers,

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

employment practice which discriminates on the basis of sex, female (pregnancy).

B.

Order the Defendant Employer to institute and carry out policies, practices and

programs which provide equal employment opportunities for females, and which eradicate the effects

of its past and present unlawful employment practices.

C. Order the Defendant Employer to make whole Kimberly Peeples, by providing

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

affirmative reliefnecessary to eradicate the effects ofits unlawful employment practices, including

but not limited to hiring Kimberly Peeples.

D.

Order the Defendant Employer to make whole Kimberly Peeples by providing

compensation for past and future pecuniary losses resulting from the unlawful employment practices

described in paragraphs seven (7) through nine (9) above, includingjob search expenses, in amounts

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to be determined at trial.

E.

Order Defendant Employer to make whole Kimberly Peeples by providing

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

complained ofin paragraphs seven (7) through nine (9) above, including mental anguish, emotional

pain and suffering, inconvenience and humiliation, in amounts to be determined at trial.

F.

Order Defendant Employer to pay Kimberly Peeples punitive damages for its

malicious and/or reckless conduct described in paragraphs seven (7) through (9) above, in amounts

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 of this action.

JURY TRIAL DEMAND

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

Respectfully submitted,
ERIC S. DREIBAND GENERAL COUNSEL
JAMESL. LEE DEPUTY GENERAL COUNSEL

GWENDOLYN YOUNG REAMS ASSOCIATE GENERAL COUNSEL
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
1801 "L" Street, N.W. Washington, D.C. 20507
4

Senior Trial Attorney EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 1130 22nd Street South Birmingham, AL 35205 (205) 212-2065
5

 
 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION

EQUAL' EMPLOYMENT OPPORTUNITY 1

COMMISSION,

1

1

Plaintiff,

1

1

1 Civil Action No.

1

v.

1 1:04-CV-00349-MJB

1

CHURPEYES OF ALABAMA, LLC,

1

d/b/a CHURCH'S CHICKEN

1

1

Defendant.

1

1

JOINT MOTION FOR ENTRY OF CONSENT DECREE

Come now Plaintiff the Equal Employment Opportunity Commission, ("EEOC"), and

Defendant Churpeyes of Alabama, LLC, d/b/a Church's Chicken, ("Churpeyes"), through their

undersigned attorneys, and move the Court for entry of the Consent Decree attached hereto and

incorporated herein by reference.

The parties agree that entry of this Consent Decree or any subsequent Order will not affect

the Court's retention ofjurisdiction over the Consent Decree entered in this cause.

J L Respectfully submitted this

~"
day of June, 2004.

1

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
ERIC S. DREIBAND General Counsel
JAMESL.LEE Deputy General Counsel
GWENDOLYN YOUNG REAMS
a~:;n~
~GUERRIER
Regional Attorney
fk-~~~
PRISCA M. DELEONARDO~
Superv· ry Trial Attorney
~~
"'/EUNICE HOLT MORROW Senior Trial Attorney
BIRMINGHAM DISTRICT OFFICE Ridge Park Place 1130 22ND Street South, Suite 2000 Binningham, Alabama 35205 (205) 212-2065

CHURPEYES OF ALABAMA, LLC d/b/a CHURCH'S CHICKEN
GARY . EAVER PEEK & WEAVER P.O. BOX 879 Andalusia, AL 36420-0879

2

 
 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION

EQUAL EMPLOYMENT OPPORTUNITY ]

COMMISSION,

]

]

Plaintiff,

]

]

]

]

v.

]

]

CHURPEYES OF ALABAMA, LLC,

]

d/b/a CHURCH'S CHICKEN

]

]

Defendant.

]

]

Civil Action No. 1:04-CV-00349-MJB

CONSENT DECREE 1. On May 28, 2004, the Commission filed the lawsuit that is the subject of this Consent
Decree. The Commission brought this action on behalf of Kimberly Peeples ("Ms. Peeples"), a female applicant seeking employment, with Churpeyes ofAlabama, LLC, d/b/a Church's Chicken ("Churpeyes"). The Commission alleges that Churpeyes violated Title VII ofthe Civil Rights Act of1964 ("Title VII"), as amended, 42 U.S.C. §§ 2000e-2, 5(t)(1), and (3); and the Civil Rights Act of 1991 ("CRA"), 42 U.S.C. § 1981A. Specifically, the Commission alleges Ms. Peeples was unlawfully denied employment at Churpeyes' Flomaton, Alabama, facility. The Commission alleges that Churpeyes failed to hire Ms. Peeples based on her pregnancy. 2. As a result of settlement discussions, the Commission and Churpeyes have resolved their differences and have agreed that this action should be settled by entry ofthis Consent Decree.
1

It is the intent ofthe parties that this Consent Decree be a final and binding settlement in full disposition of any and all claims alleged in the Complaint against Churpeyes.
STIPULATED FACTS 3. The Commission is the agency of the United States government authorized by Title VII and
the Pregnancy Discrimination Act (hereinafter PDA) to investigate allegations of unlawful employment discrimination based on gender, to bring civil actions to prohibit unlawful practices, and to seek relief for individuals affected by such practices. 4. Pursuant to the Title VII, the parties acknowledge the jurisdiction of the United States District Court for the Southern District of Alabama (Southern Division) over the subject matter and the parties to this case for the purpose of entering this Decree and, if necessary, enforcing this Decree. 5. Venue is appropriate in the Southern District ofAlabama (Southern Division). For purposes of this Decree and any proceedings related to this Decree only, Churpeyes agrees that all statutory conditions precedent to the institution ofthis lawsuit against Churpeyes have been fulfilled.
FINDINGS 6. Having examined the terms and provisions of the Consent Decree and, based on the
pleadings, records, and stipulations of the parties, the Court finds the following: A. The Court has jurisdiction over the subject matter of the action
brought by the Commission against Churpeyes. B. The terms and provisions ofthis Consent Decree are fair, reasonable,
and just. The rights ofChurpeyes and the Commission are adequately
2

protected by this Decree. C. The Consent Decree conforms with the Federal Rules of Civil
Procedure and Title VII and is not in derogation of the rights and privileges of any person. The entry of this Consent Decree will further the objectives of Title VII and will be in the best interests of the parties. NOW, THEREFORE, IT IS ORDERED, ADJUDGED AND DECREED THAT:
NON-ADMISSION 7. This Decree, being entered with the consent of the Commission and Churpeyes, shall not
constitute an adjudication or finding on the merits of the case and shall not be construed as an admission by Churpeyes of any violation of Title VII, the PDA or any other, law, rule, or regulation dealing with or in connection with equal employment opportunity.
NON-DISCRIMINATION 8. Churpeyes, its officers, agents, employees, successors, assigns, and all persons in active
concert or participation with them, shall comply with the provisions ofTitle VII and the PDA with regard to discrimination based on gender.
NON-RETALIATION 9. Churpeyes shall not take any action against any person which constitutes intimidation,
retaliation, harassment or interference with the exercise of such person's rights under Title VII or the PDA because ofthe filing of Charge No. 131-2003-02624 with the Commission, which forms the basis for the present case, or because such person gave testimony or assistance or participated in any manner in any investigation or proceeding in connection
3

· .

with this case. DURATION OF DECREE
10. The Consent Decree shall be in effect for a period oftwo (2) years from the date it is entered

by the Court.

MONETARY COMPENSATION

11. Churpeyes shall pay the sum of $7,500.00 to Kimberly Peeples. Churpeyes shall issue a

check payable to Kimberly Peeples within seven (7) days of the entry of this Decree. The original shall be mailed to Ms. Peeples via certified mail and a copy of the check mailed to

the EEOC, addressed to: Eunice H. Morrow, Senior Trial Attorney, EEOC, Birmingham District Office, 1130 22nd Street South, Suite 2000, Ridge Park Place, Birmingham, Alabama, 35205-2881. The Commission shall have the right to monitor compliance with this paragraph through inspection of all documents relating to said disbursement, including but not limited to, receiving a copy ofthe check, check stub, return receipt, letters, and any other documents evidencing payment hereunder.

12. A.

EQUITABLE RELIEF Training. Churpeyes agrees to provide annual training to managers, supervisors and shift leaders at all six of its Alabama facilities on Title VII and the PDA over the next two years. At least sixty (60) days prior to each training session, Churpeyes shall forward all training materials to be used to the Commission for its review, comments and approval. The Commission will return training materials, with comments and required changes, within thirty (30) days of the training session.

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B. Reporting. Commencing six months after entry of this decree, and thereafter on an annual basis for the term of the Decree, Churpeyes shall report to the EEOC the following: 1. Churpeyes shall submit an annual report to the EEOC. Said report shall identify all complaints of gender discrimination based on pregnancy at Churpeyes' Flomaton, Alabama, facility; the results of any investigation undertaken by Churpeyes; and what, if any, corrective action it took in response to each complaint. 2. Churpeyes shall submit a sign-in roster of all participants in teach of the training sessions along with the copies of the materials used for the training sessions. POSTING OF NOTICE
13. Churpeyes agrees that it shall post a copy of the Notice attached as Attachment "A" in a conspicuous location at its Flomaton, Alabama, facility where employee notices are posted. The Notice shall be posted for 2 years from the date this decree is entered by the Court. Should the posted copy ofthe Notice become defaced, marred or otherwise made unreadable, Churpeyes agrees to immediately post a readable copy of the Notice. DISPUTE RESOLUTION AND COMPLIANCE
14. The Court will retain all available equitable powers, including the power to order injunctive relief, to enforce this Decree. Upon motion ofeither party, the Court may schedule a hearing
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for the purpose ofreviewing compliance with this Decree. The parties shall engage in a good faith effort to resolve any dispute as to compliance prior to seeking review by the Court, and shall be required to give notice to each other ten (10) days before moving for such review. Both parties may conduct expedited discovery under the Federal Rules of Civil Procedure for purposes of determining compliance with this Decree or defending against a claim of non-compliance, with fifteen (15) business days notice for depositions, entry to premises and access to documents and, with fifteen (15) business days for responses to written discovery.
COURT COSTS AND ATTORNEYS' FEES 15. Each party shall bear its own court costs and attorneys' fees.
MISCELLANEOUS 16. If any provision(s) of the Consent Decree is found to be unlawful, only the specific
provision(s) in question shall be affected and the other provisions will remain in full force and effect. 17. The terms of the Consent Decree are and shall be binding upon the present and future owners, officers, directors, employees, creditors, agents, trustees, administrators, successors, representatives and assigns of Churpeyes. 18. Prior to entry ofthis Consent Decree by the Court, the Commission will deliver to Churpeyes a Release duly executed by the claimant in this case in the form attached hereto as Attachment "B." 19. This Consent Decree constitutes the entire agreement and commitments ofthe parties. Any modifications to this agreement must be mutually agreed upon and memorialized in a writing signed by Churpeyes and the Commission.
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20. When this Consent Decree requires the submission by Churpeyes of any documents to the

Commission, if not otherwise indicated in the Decree or Attachments, they shall be mailed

by certified mail to Eunice Holt Morrow, Senior Trial Attorney, EEOC, Birmingham District

Office, 1130 22nd Street South, Suite 2000, Ridge Park Place, Birmingham, Alabama, 35205-

2881.

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

CHURPEYES OF ALABAMA, LLC d/b/a CHURCH'S CHICKEN

ERIC S. DREIBAND General Counsel

JAMES L. LEE Deputy General Counsel

GWENDOLYN YOUNG REAMS A

ARLES E.foUERRIER Regional Att6rney

~fJe~

PRISCA M. DELEONARDO c14

~/V(~ Supervisory Trial Attorney _ j.;/ _

/

/EUNICE HOLT MORROW Senior Trial Attorney

BIRMINGHAM DISTRICT OFFICE Ridge Park Place 1130 22ND Street South, Suite 2000 Birmingham, Alabama 35205 (205) 212-2065

. WAVER PEEK & WEAVER P.O. BOX 879 Andalusia, AL 36420-0879
~/I, ~I
DA

7

IT IS ORDERED:

.JJ,_~" Q~ ~_'
UNI~ES MAGI~E JUDGE

8

ATTACHMENT A NOTICE
9

NOTICE TO EMPLOYEES
CHURPEYES OF ALABAMA, LLC, d/b/a CHURCH'S CHICKEN
This Notice is being posted to inform you of your rights guaranteed by federal law underTitle VII of the Civil Rights Act of 1964, ("Title VII"), 42 U.S.C. §§2000e-2, 5(f)(1) and (3); as amended by the Pregnancy Discrimination Act of 1978, ("PDA"); and the Civil Rights Act of 1991, ("CRA"), 42 U.S.C. §1981A, which prohibit discrimination against any employee on the basis of gender and/or pregnancy with regard to any term or condition of employment including hiring.
The United States Equal Employment Opportunity Commission is the federal agency which investigates charges of unlawful employment discrimination and if necessary, brings lawsuits in federal court to enforce the employment provision of Title VII and the Pregnancy Discrimination Act.
Churpeyes of Alabama, LLC (Flomaton, AL) supports and will comply with this federal law in all respects and will not take any action against any employees because they have exercised their rights under this law.
Employees are encouraged to contact Churpeyes' office of Human Resources at 1 (800) 353-6720 Ext. 109 with their complaints.
THIS IS AN OFFICIAL NOTICE AND MUST NOT BE DEFACED BY ANYONE

Date

Human Resources Director

ATTACHMENTB
IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION

EQUAL EMPLOYMENT OPPORTUNITY ]

COMMISSION,

]

]

Plaintiff,

]

]

]

]

v.

]

]

CHURPEYES OF ALABAMA, LLC,

]

d/b/a CHURCH'S CHICKEN

]

]

Defendant.

]

]

Civil Action No.

RELEASE AND WAIVER OF RIGHTS AND CLAIMS

For and in consideration of $7,500.00, Kimberly Peeples hereby releases Churpeyes of

Alabama, LLC, d/b/a Church's Chicken, ("Churpeyes"), its officers, directors, agents and employees

from any liability or claims relating to or arising from, her charge of discrimination dated June 18,

2003, being Charge No. 130-2003-02624, including all claims raised in Civil Action No.

, filed in the U.S. District Court, Southern District of Alabama, Southern Division.

This Release and Waiver is freely, knowingly and voluntarily given by the employee without

any duress or coercion. Kimberly Peeples understands and agrees with all the provisions and terms

stated in this Release and Waiver and has affirmed the same to be sufficient and has had reasonable

time to consider whether to enter into this Release and Waiver.

10

. .. ..

.,r

>-

I understand and agree to all of the above.

Date

Kimberly Peeples

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CLOSED2004, MAG
U.S. District Court Southern District of Alabama (Mobile) CIVIL DOCKET FOR CASE #: 1:04-cv-00349-B

Equal Employment Opportunity Commission v. Churpeyes Chicken of Alabama, LLC Assigned to: Magistrate Judge Sonja F. Bivins Cause: Job Discrimination (Pregancy)

Date Filed: 05/28/2004 Date Terminated: 06/28/2004 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

Plaintiff
Equal Employment Opportunity Commission

represented by Charles Guerrier Equal Employment Opportunity Commission 1130 22nd St. S., Ste. 2000 Birmingham, AL 35205-2881 205-212-2044 Email: charles.guerrier@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Eric S. Dreiband 1801 L Street, NW Washington, DC 20507 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Eunice H. Morrow Equal Employment Opportunity Commission 1130 22nd St. S., Ste. 2000 Birmingham, AL 35205-2881 205-731-0628 Fax: 2057312101 Email: eunice.morrow@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Gwendolyn Young Reams 1801 L. Street, NW Washington, DC 20507 LEAD ATTORNEY ATTORNEY TO BE NOTICED

James L. Lee 1801 L. Street, NW Washington, DC 20507

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V.
Defendant Churpeyes Chicken of Alabama, LLC d/b/a Church's Chicken

LEAD ATTORNEY ATTORNEY TO BE NOTICED
Prisca M. Deleonardo 1130 22nd Street South Birmingham, AL 35205 205-212-2048 Email: prisca.deleonardo@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed 05/28/2004 06/02/2004 06/07/2004 06/09/2004 06/17/2004 06/17/2004 06/24/2004 06/28/2004

#

Docket Text

1 COMPLAINT against Churpeyes Chicken of Alabama, LLC filed by Equal Employment Opportunity Commission. (Attachments: # 1 civil cover sheet)(mjn, ) (Entered: 06/02/2004)
2 Summons Issued as to Churpeyes Chicken of Alabama, LLC, by certified mail, return receipt. (mjn, ) (Entered: 06/03/2004)
Preliminary Assignment of Sonja F. Bivins as Presiding Judge (mjn, ) (Entered: 06/07/2004)
3 Return of Service Executed by certified mail, return receipt on Churpeyes Chicken of Alabama, LLC served on 6/7/2004, answer due 6/28/2004. (mjn, ) (Entered: 06/23/2004)
4 CONSENT to Jurisdiction by US Magistrate Judge by Churpeyes Chicken of Alabama, LLC, Equal Employment Opportunity Commission. Referred to Judge Butler. (mjn, ) (Entered: 06/23/2004)
5 MOTION for Consent Decree by Churpeyes Chicken of Alabama, LLC, Equal Employment Opportunity Commission. Referred to Judge Bivins(mjn, ) Additional attachment(s) added on 6/23/2004 (mjn, ). (Entered: 06/23/2004)
6 ORDER REFERRING CASE to Magistrate Judge Sonja F. Bivins. Signed by Judge Charles R. Butler Jr. on 6/24/04. (mjn, ) (Entered: 06/24/2004)
7 CONSENT JUDGMENT/DECREE that Churpeyes shall pay the sum of $7,500.00 to Kimberly Peeples with 7 days of entry of decree; Each party shall bear its own costs and attys' fees & as further set out; Signed by Judge Sonja F. Bivins on 6/28/04. (mjn, ) (Entered: 06/28/2004)

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